Guidelines for Good Faith - Meeting #8 (18 January 2017 @ 19:00 UTC)
- Yvette Guigneaux
- Brenda Brewer
Attendees:
Sub-group Members: Alan Greenberg, Avri Doria, Cheryl Langdon-Orr, Herb Waye, Julf Helsingius, Lito Ibarra, Lori Schulman (7)
Staff: Bernard Turcotte, Yvette Guigneaux
Apologies:
** If your name is missing from attendance or apology, please send note to acct-staff@icann.org **
Transcript
Recording
Agenda
Attendance
Changes to SOI
Report from January 11 Plenary Meeting
Discussion of Current Version of Draft Report
AOB
Notes (including relevant portions 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
- Lort Schulman: Edit report as discussed and include a place holder for ICANN Legal advice and redistribute to the sub-group for reading today.
- Lort 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).
Documents Presented
W2 Guidelines Draft v1.1 For Submission to Plenary.pdf
Chat Transcript
Yvette Guigneaux: (1/17/2017 22:57) Welcome all to the WS2 - Guidelines for Good Faith Subgroup,
Meeting #9 | January 18, 2017 @ 19:00 UTC!
Yvette Guigneaux: (22:57) To mute & unmute phone, please press *6
Bernard Turcotte Staff Support: (1/18/2017 11:00) hi all
Herb Waye Ombuds: (11:01) Greetings all...
Bernard Turcotte Staff Support: (11:02) I will ping him on skype
Bernard Turcotte Staff Support: (11:05) Alan finishing another call and will join shortly
Cheryl Langdon-Orr (CLO): (11:05) Alan will be joining shortly he is on a
Cheryl Langdon-Orr (CLO): (11:06) another call. Snap Bernie
Yvette Guigneaux: (11:08) report on screen - scrolling available if need be
Cheryl Langdon-Orr (CLO): (11:12) yup
avri doria: (11:13) what is the importance of the indemnification to these guideline. i do not understand.
avri doria: (11:14) i understand the importance of indemnification. but not sure i under why it affects the guidelines
avri doria: (11:16) ok, got it, thanks
Cheryl Langdon-Orr (CLO): (11:20) convincing and compare
Cheryl Langdon-Orr (CLO): (11:21) GRRR compelling not compare
Lito Ibarra: (11:21) 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?
Lito Ibarra: (11:22) Thanks
Alan Greenberg: (11:23) Some of those are only if applicable, so they only apply in certain cases
Lito Ibarra: (11:23) That's right
Julf Helsingius: (11:24) I am pretty happy with it as it is
Lito Ibarra: (11:25) Good job. Thanks, Lori and all
Julf Helsingius: (11:25) Absolutely!
Cheryl Langdon-Orr (CLO): (11:27) good point Herb
Cheryl Langdon-Orr (CLO): (11:30) thanks Herb keep us posted
Julf Helsingius: (11:34) There are steering wheel adapters for laptops... :)
Alan Greenberg: (11:36) That sounds like a good plan.
Cheryl Langdon-Orr (CLO): (11:36) same laws here Herb, nor use a Mobile other than hands free... thus audio and communicate via audio in via the cars hands free setting
Julf Helsingius: (11:37) I agree . we *have* to have the opinion from legal
Cheryl Langdon-Orr (CLO): (11:37) Feb it is
avri doria: (11:37) also agree
Julf Helsingius: (11:38) sure!
Yvette Guigneaux: (11:40) Thank you Lori - the notes kudos today goes to Bernie
Julf Helsingius: (11:42) This is a great timeslot for me
avri doria: (11:42) yeah its an ok time
Julf Helsingius: (11:43) My next call is 06:00 am tomorrow
avri doria: (11:43) mine in 17 minutes
Alan Greenberg: (11:43) bye
Lito Ibarra: (11:43) Bye
avri doria: (11:43) later y'all
Herb Waye Ombuds: (11:43) 17 minutes should be enough to bring down 6 bales of hay for the horses...
Julf Helsingius: (11:43) Bue and thanks!
Lori Schulman 2: (11:44) ciao
Bernard Turcotte Staff Support: (11:44) bye all