Sub-group Members:  Beth Bacon, Cheryl Langdon-Orr, Herb Waye, Jennifer Itzkoff, Julf Helsingius, Lito Ibarra, Lori Schulman, Shreedeep Rayamajhi.  (8)

Staff:  Brenda Brewer, Karen Mulberry, Yvette Guigneaux.  (3)

Apologies:  Rinalia Abdul Rahim

** If your name is missing from attendance or apology, please send note to acct-staff@icann.org **

Transcript

• Word Doc

• PDF

Recording

• The Adobe Connect recording is available here: https://icann.adobeconnect.com/p4kvzo3nejl/

• The audio recording is available here:  https://audio.icann.org/accountability/guidelines-goodfaith-subgroup-05oct16-en.mp3

Agenda

1. Attendance
2. Changes to SOI
3. Discussion of Rapporteur’s report to the plenary planning group dated October 2
4. Discussion of first draft of guidelines proposed by the Rapporteur to the list on October 2
5. Requirement for legal assistance
6. Requirements for drafting assistance from staff
7. October 12 Call Cancelled
8. AOB

Notes

1. Rapporteur’s report to the plenary planning group dated October 2
- Review and discussion of Report to plenary on activities of the subgroup

2. First draft of guidelines proposed by the Rapporteur to the list on October 2
- Discussion of what the subgtoup needs for drafting support from Staff
Looking at drafters to look at WS1 and identify applicable items for considersation for the draft report.
-Discussion of the report outline and rough draft of what the group might focus its work on in collecting inputs from the group.
-Draft contains min. set of guidelines - seeking feedback on draft guidelines. Need to capture questions that need to be addresssed in the draft as well as to capture comments. Question raised - should the committee draft what it means to have a resonsble timeframe for an investigation. Might have the Ombudsman be apart of the process to observe to make sure thngs are fair and the process is followed for removal. Comment from Herb - feels that there is a role for the Ombudsman in this process. Procedures for Board removal is contained in the Bylaws under Article 3 – Removal of Directors 1-8 are subject to a Nominating Committee Director Removal Petition to the EC Administration. One of the requirements is that the petition include “supporting rational in reasonable detail.” See Annex D, Art. 3, Section 3.1, (D).1.(i), (page 178), SO/AC Board Members are subject to a different procedure. The Petition to remove an SO/AC appointee is made directly to the SO/AC. The SO/AC may accept or reject the petition based on its own internal procedures.
Might consider in drafting the report to add examples and what the group was thinking when they drafted a guideline or section of the report. Focus is on how to remove a Board member not on the causes for Board member removal.
Herb to consider reviewing draft report for fairness will not draft text for the report as its the community that should decide what it wants.

ACTION ITEM; Will set up Google doc for the group fo submitt comments on draft.

3. Requirement for legal assistance
- Discussion of when to go for external advice and the materials that may need legal review
Aware of needs to keep an eye on budget issues when asking for legal review. Will consider going to ICANN Legal first as their expertise is ICANN, but may need additinal support and opinion from outside counsel as it relates to an ICANN Board member. Will follow CCWG procedures in requesting legal advice. Concerned raise on potential conflict of interest if just relying on ICANN advice on guidelines. Considering raising the question to the CCWG Legal Subcommittee for considertion of the question.

ACTION ITEM: Rapportrur to ask the CCWG Legal Committee on legal conflict with ICANN legal providing opinion of guidelines

4. Requirements for drafting assistance from staff

5. AOB

Documents Presented

WS2 Guidelines for Good Faith Rough First Cut Draft 10-2-16.pdf

Oct 2 Report to Planning Group.pdf

Chat Transcript

Yvette Guigneaux: Good day & Welcome to the WS2 - Guidelines for Good Faith Subgroup, Meeting #3, Wednesday, 05 October @ 19:00 UTC!

Lori Schulman: Hi

Julf Helsingius: Good evening

Lori Schulman: Hi Julf

Lori Schulman: G'day Cheryl

Lori Schulman: Namaste Shreedeep

Shreedeep Rayamajhi: namaste lori

Julf Helsingius: i don't think I received that email

Karen Mulberry: I thought this went to the full CCWG list

Karen Mulberry: Actually in checking it went out to the Subgroup and Staff Support only

Julf Helsingius: Very clear, yes - thanks!

Cheryl Langdon-Orr (CLO): see I would see our own internl talent (in this track and the wider CCWG) is part of a balance here in the prep phase

Julf Helsingius: Definitely a potential for conflict of interest

Cheryl Langdon-Orr (CLO): As a rappoiteur of 2 other groups my dance card is fullish

Julf Helsingius: Fair enough - let me get back to you on that

Cheryl Langdon-Orr (CLO): DON"T GET ME WRONG I will comment and offer edit opinions of course :-)

Cheryl Langdon-Orr (CLO): :--)

Julf Helsingius: No probs with that

Jennifer Itzkoff: hey that's me!

Jennifer Itzkoff: hi!

Cheryl Langdon-Orr (CLO): Welcome indeed!

Jennifer Itzkoff: thank you

Herb Waye Ombuds: Sorry for late arrival everyone, was driving and the law is strict regarding driving and online meetings in Canada.

Cheryl Langdon-Orr (CLO): welcome Herb Yes agree with Lori YOUR ombuds input here will be invaluable

Herb Waye Ombuds: Thanks I will certainly join in if needed

Cheryl Langdon-Orr (CLO): yup

Cheryl Langdon-Orr (CLO): yes

Julf Helsingius: Nothing to add, really

Jennifer Itzkoff: i'm good

Herb Waye Ombuds: Good bye all

Cheryl Langdon-Orr (CLO): Thanks lori and everyone... good progress IMO Talk again soon... Bye for now

Jennifer Itzkoff: bye!

Julf Helsingius: Thank you, and bye!