The
notes, recordings and transcripts for the Briefing with
Counsel for Plan B Proposal Meeting - Thursday 8 October 2015
@ 21:00 UTC
will be available here: https://community.icann.org/x/BahYAw
A copy of the notes may be found below.
Briefing with Counsel for Plan B
Proposal Meeting - Thursday 8 October 2015 @ 21:00 UTC
Attendees
in AC room:
CCWG: Steve
DelBianco; Jonathan Zuck; Kavouss Arasteh
Counsel: Ingrid
Mittermaier; Michael Clark; Rosemary Fei (and Ed McNicholas
and Holly Gregory on the phone line only)
Notes:
Today's
discussion revolves around the text here: http://mm.icann.org/pipermail/accountability-cross-community/2015-October/006125.html
Kavouss
added an edit (underlined here):
1.
Power to block a proposed Operating Plan/Strat Plan/Budget
with limitation on rejection/ Veto ( maximum 3 times )
2.
Power to approve changes to Fundamental Bylaws and Articles of
Incorporation.
3.
Power to block changes to standard Blaws.
4.
Power to appoint and remove individual board Directors
possibly with the approval of the entire community
5.
Power to recall the entire board of Directors
6.
Mechanism for binding IRP where a panel decision is
enforceable in any court recognizing international arbitration
results — even if ICCANNs Board refused to participate in the
binding arbitration. (assuming CCWG lawyers verify this
works without activating a Membership model)
All decision taken on the
above would require consensus , without more than two Advice
against that ( non-voting of ACs)
I
think we are close enough to get consensus around the above
powers before we leave Dublin. And based on what we’ve
heard recently, the board will support the powers described
above.
Action
for Steve/Jonathan: revise chart per call discussions (MEM / Single Designator / Single
Member) and send to lawyers before they can proceed
with their work.
Actions
for lawyers:
- Assess level of effort to do
2-part project as follows:
- Part 1: completing the chart shown
in AC. The chart shows the 6 Powers and their enforcement
in Board's MEM (within Bylaws), Designator, Sole Member.
For first pass, only do each of the 3 as described. (If
there is extra time, the lawyers can study options for
personhood for SO/ACs in the models).
- Part 2: Plan B design and lockdown
Lawyers
would like for this to be a priority if this needs to be ready
by Dublin.
The more the documents can look simpler, the
better. Minimal change is preferred.
