Dear Subgroup, Below is the Dashboard report that I recently submitted to the secretariat. Please let me know if you have any comments and we can adjust accordingly. These reports are due once a month. Safe travels to Hyderabad. See you online on November 2 and in-person November 7-9. Guidelines for Standards of Conduct Presumed to be in Good Faith Associated with Exercising Removal of Individual ICANN Board Directors Description Article 6 of ICANN’s by-laws creates an Empowered Community (EC) with the right to appoint and removal individual Directors (other than the President.) The EC is composed of the ASO, ccNSO, GNSO, the ALAC and the GAC otherwise known as Decisional Participants. In the event that a Decisional Participant endeavors to remove an individual board member, the actions of the Decisional Participant are indemnified provided the Decisional Participant has acted in “good faith.” An indemnification is an obligation to repay the Decisional Participant for expenses the Decisional Participant may incur through exercising the power to remove a board member. The purpose of this subteam is to draft guidelines for conduct that would be considered good faith actions on the part of the Decisional Participants in order for the indemnification to apply. Work Plan: Subgroup is working toward a March Submission. Start work – completed Document work to do – completed Produce draft for subgroup – in progress Produce draft for CCWG – not completed Produce draft for PC – not completed Public Comment – not completed Revise Draft – not completed CCWG Approval Updates: ▪ 4 Calls ▪ Defined parameters for guidelines ▪ Discussed the issue of “cause” and drafting challenges around use of the word in the ICANN context ▪ Differentiated between removal of Nom Com and SO/AC appointees to Board ▪ Initial draft of guidelines produced and distributed to list with open questions ▪ Note that initial draft of guidelines is not the full report ▪ Guidelines to be completed and then draft report produced according to prescribed format. ▪ Draft guidelines to posted to Google docs through link on subgroup wiki ▪ Request for legal support submitted to secretariat ▪ Draft guidelines distributed to plenary for initial reaction Upcoming Activities: ▪ Answer open questions on draft guidelines based on feedback from plenary ▪ Revise draft guidelines and create final “first draft” for subgroup consensus ▪ Begin draft report which includes draft guidelines Open Items: ▪ Further discussion regarding how to work around the drafting problems regarding use of the word “cause” to document a process ▪ Analyze response from legal committee ▪ Resolve issue regarding of whether creating expectations of standards for board conduct that may trigger a removal may also be creating an inadvertent list of “causes” contrary to WS1 report ▪ Is process fair/reasonable if expectations cannot be expressed beyond “do no harm”? Progress assessment: 20+ % Proposed scaling: 5 % - subgroup formed 10% - working methods defined 15% - questions to answer have been documented 20% - work to do has been documented 30% - produced draft for subgroup consensus 40% - produced draft for CCWG considerations and comments 50% - Produced draft for CCWG approval for public consultation 60% - Produced draft for public comment 70% - analyzed public comments 80% - revised draft for CCWG considerations and comments 90% - produced draft for CCWG approval 100% - CCWG approved> Lori Schulman Senior Director, Internet Policy International Trademark Association 1250 Connecticut Avenue, Suite 200 Washington DC, USA +1-202-704-0408, skype: lsschulman www.inta.org<http://www.inta.org/> Find us on: [Description: Description: Description: cid:F361C18F-02FE-4CF0-A43E-AA8566DC2514] Twitter<https://twitter.com/INTA> [Description: Description: LinkedIn] LinkedIn<http://www.linkedin.com/groupInvitation?groupID=69899> [Description: Description: facebook-logo (2)] Facebook<http://www.facebook.com/home.php?#!/GoINTA?ref=ts> [Description: Description: pnpb_sig.png]
