[ALAC] Questions on Accountability Proposals

[Maureen Hilyard]

My 2c

1. Do you believe that failing anything else, we must have the ability to
remove parts of or all of the Board?

YES - If there was unanimous agreement among the ALAC that something was
desperately wrong then we should have the ability to demand removal of
individuals or all of the Board.

2. With the exception of Board member removal, do we need legal
enforceability or can we rely on good faith (and Board member removal (if
you supported that).

NO - legal enforceability changes the role of SOs and ACs so that good
faith and trust in the system becomes lost. Would volunteers be as
effective if they knew that their decisions could imply personal liability?
3. If the final CCWG proposal calls for full legal enforceability, is that
sufficient reason for the ALAC to not ratify it?
YES - I can't see the point if it is going to in any way impact on the way
that At-Large currently operates: volunteerism - consultation - consensus -
trust

Maureen




On Sat, May 30, 2015 at 11:05 PM, Olivier MJ Crepin-Leblond <ocl at gih.com>
wrote:

>
>
> On 31/05/2015 04:04, Alan Greenberg wrote:
> > 1. Do you believe that failing anything else, we must have the ability
> > to remove parts of or all of the Board?
>
> Yes - this is something which has been discussed since the beginning of
> the discussions on Stewardship Transition & ICANN Accountability. I
> think this is really important.
>
> >
> > 2. With the exception of Board member removal, do we need legal
> > enforceability of can we rely on good faith (and Board member removal
> > if you supported that).
>
> Good faith. Legal Enforceability is a Red Herring that will not serve
> any of the SOs and ACs - because when you threaten to sue an
> organisation, you better have the adequate funding to sue that
> organisation. Hence where would the money from come for the ALAC to sue?
>
> >
> > 3. If the final CCWG proposal calls for full legal enforceability, is
> > that sufficient reason for the ALAC to not ratify it?
>
> No. I see no particular harm in a call for something that will, in
> practice, likely neither work, nor ever be used. If we reach the need
> for legal enforceability, it means ICANN really is in trouble. If we
> ever crossed that bridge, I'd recommend that ALAC and its RALOs walk
> away & find another home.
>
> Kindest regards,
>
> Olivier
>
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