Jordan, all,
The “empowered SOs/Acs model” allows for enforcement of 6/6 powers if it "escalates into" the membership model
We should also consider the alternative option: making the designator model the escalation path.
ICANN would then not have to prepare to move to a membership model. Escalation into designator model would allow enforcement of 4/6 powers. Removing the board of part thereof is among them. Vetoing the budget is not.
I would like to submit the following for consideration:
If the community, in line with the power given to it in ICANN’s (new) bylaws and the designed
process, vetoes the budget and the board ignores that veto, what would be the best next step? Taking the board to court to have the budget vetoed and redone? Or removing (part of) the board?
I would think the latter, as by ignoring the community’s veto of the budget (as the outcome
of due process that the board agreed to in the first place), such a board completely loses the trust and confidence of the community and can no longer function.
So I suggest that, under the “empowered SOs/ACs
model”, the possibility to legally enforce ONLY the power to remove (part of) the board would suffice. Legal enforcement of one or more of the other powers would simply never be used, unless combined with removal of the
board
Best,
Roelof Meijer
Hi Seun, all:
Hello Kavouss,
While i agree that its good we get further clarity on the "Empowered SO/AC model", i think we have the overall high level characteristics of the model and it may be good to consider other-ways to "enforceability" other than formalising the SO/AC as well.
I think the advice we have received is that designator approach in the legal sense could allow for enforcement of 4/6 powers, membership approach 6/6, and voluntary approach 0/6. For designator or member you need some kind of “legal person”.
If there are other paths to enforceability I would be interested to know what they are - does anybody know of any?
I for one like the empowered SO/AC model as its really an improvement to the full membership model and less complicated (seem to be an advanced designator model). Nevertheless there is still the reality that its a members model and there are cons associated
with this and it may be good to put them side by side with the current "voluntary model" that operates an "Empowered bylaw" post-transition (yeah empowered seem to be the buzz word lately ;-) )
This is a beast I have never heard of, an empowered bylaw :-)