Hello,

This email is to kick-off the discussion for the Reconsideration Sub-Group of the CCWG Work Party 2 Review and Redress Mechanisms.

Volunteers so far: Robin Gross, Ed Morris, Chris LaHatte, David McAuley, Carlos Gutierrez (please send a note to <alice.jansen@icann.org> to volunteer for this sub-group).

This WP2 sub-group should will look specifically at issues to be addressed with respect to improving ICANN's accountability mechanisms involving a reconsideration process of a board or management decision.

Specific Task:  To review the current rules under which reconsideration occurs, and to propose appropriate changes to those rules to create adequate accountability. 

Existing "Reconsideration Request" accountability mechanism:

See ICANN Bylaws Art. IV, Sec. 2) Board reconsideration of:

- One or more staff actions or inactions that contradict established ICANN policy(ies); or

-  One or more actions or inactions of the ICANN Board that have been taken or refused to be taken without consideration of material information, except where the party submitting the request could have submitted, but did not submit, the information for the Board's consideration at the time of action or refusal to act; or

    - One or more actions or inactions of the ICANN Board that are taken as a result of the Board's reliance on false or inaccurate material information. 

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Suggestions for Change/Enhancement ICANN's Reconsideration Processes:

1.     Mechanism for review of Board or management action in conflict with ICANN Bylaws or Articles of Incorporation.

2.     Mechanism to require community (members, AC/SOs, etc.) to require Board to act on, implement, amend, accelerate implementation of, a previously approved ATRT recommendation.

3.     Change bylaws for Reconsideration Process: trigger when board acts arbitrarily or capriciously; decisions subject to Independent Review.

4.     Reconsideration of staff action/inaction.

5.     Broadly expand grounds on which ICANN decisions and operations can be challenged; lower threshold to succeed in a challenge.

6.  Reasonable time deadlines and other due process considerations.

What else?

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Proposal to address implementation and operational issues including:

·      Standing

·      Standard of review

·      Composition

·      Selection

·      Decision-making

·      Accessibility

 *  Implementation

 *  Due process

Work Party 2 Reconsideration mailing list – wp2-reconsideration@icann.org – is now active.
Public archives may be found at: http://mm.icann.org/pipermail/wp2-reconsideration/

May this sub-group please have a wiki page?  Thank you.

Please volunteer for this sub-group - especially if you have any experience with ICANN's reconsideration process.

Thanks,
Robin