Hello all, The notes, recordings and transcripts for CCWG Accountability WS2 Guidelines for Good Faith, Meeting #8 - 18 January 2017 will be available here: https://community.icann.org/x/oZnDAw A copy of the notes may be found below. Thank you. Kindest Regards, Yvette Guigneaux Multi-Stakeholder & Strategic Initiative Assistant ICANN | Internet Corporation for Assigned Names & Numbers 12025 Waterfront Drive, Playa Vista, CA 90094 yvette.guigneaux@icann.org<mailto:yvette.guigneaux@icann.org> | www.icann.org[icann.org]<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.icann.org&d=DgMFAg&c...> ________________________________ Notes (including relevant parts of chat): 1. Attendance 2. Changes to SOI - none 3. Report from January 11 Plenary Meeting Lori Schulman: Confusion about our report being a first reading or not at the last meeting. Apologies for any confusion. 4. Discussion of Current Version of Draft Report Lori Schulman: INTA ICANN internal group looking at the report - if any suggestions I will decide if useful to take to the sub-group. (description of changes to the document). avri doria: what is the importance of the indemnification to these guideline. i do not understand. Lori Schulman: if an SO or AC is working to remove a director the director or the entire Board could sue the SO or AC for defamation and then if the SO or AC has acted in good faith they would be protected. avri doria: i understand the importance of indemnification. but not sure i under why it affects the guidelines Lori Schulman: If you follow the guidelines then it presumes good faith. This is about mitigating the risk to the community. avri doria: ok, got it, thanks Alan Greenberg: There will always judgement calls in this and if people want to be prudent they will be conservative in interpreting these guidelines. if we are ever going to use this there will be very little facts to verify - as such I am ok with a little vagueness on this. Lori Schulman: agree. Alan Greenberg: if removing an Nomcom director you will have to convince other SO or ACs and this will probably require a substantial file - which is not necessarily the case for an SO or AC nominated director. Lito Ibarra: Question: It seems to me that the core of the guidelines is in point 1, letter b (list of conditions that should apply). The question is all 6 conditions should apply, not just two or three, right? Lori Schulman: correct all are necessary. Alan Greenberg: Some of those are only if applicable, so they only apply in certain cases Lito Ibarra: That's right Lori Schulman: That is correct, if one does not apply then the SO or AC should state so and why. Julf Helsingius: I am pretty happy with it as it is Alan Greenberg: We should reread a final time and if there are no significant issues it should go to the plenary. Herb Waye: Bylaws limit Ombudsman concerns regarding the membership on Board - does out stuff affect this. Alan Greenberg: removing a director affects membership but the Ombudsman is not have part of this process. The Ombudsman can participate in informal discussions before removal discussions. Herb Waye: I know the Ombudsman cannot touch Nomcom members. Alan Greenberg: Correct no one can go to the Ombudsman about them not being nominated to the Board - I would extend this to Board removal in our process. Herb Waye: will discuss with ICANN legal next week. Lori Schulman: Does the ICANN Ombudsmanm have an enumerated set of issues it can deal with or is it more open. Herb Waye: it leans towards openness - just no internal admin matters (HR), Board Membership and Contractual Agreements with suppliers. Lori Schulman: if a complaint about a director does not involve talking about removal the Ombudsman can be involved - but the moment it is about removal the Ombudsman cannot participate. Action Items: will redraft with a place holder for the ICANN legal opinion and redistribute to the sub-group today. I will also follow up with ICANN legal to get their input so we can release it to the plenary for a first ready on 1 February to provide 7 days prior to the plenary meeting. Next meeting is Wednesday 25 January 1900 and we should have this slot reserved every week to Copenhagen. 5. AOB Lori Schulman: any AOB- None Adjourned. Action Items: * Lori Schulman: Edit report as discussed and include a place holder for ICANN Legal advice and redistribute to the sub-group for reading today. * Lori Schulman: Follow up with ICANN legal to get an opinion on report. Would like this ASAP as the group would like to publish the report for first reading by the plenary on 1 February (7 days prior to the 8 February plenary). * Staff: Please reserve all Wednesday 1900 to Copenhagen for sub-group meetings (done).