IRP-IOT selection/ "vetting" process

[Tatiana Tropina]

Hi all,
a very interesting thread. I agree that we shall not confuse PDP with
accountability processes and I am also not aware of previous instances of
vetting. However, in general scheme of things, it does remind me of what
happened in 2015, when CCWG-Accountability came up with the Sole Member
Model proposal, which was meant to keep ICANN (and in particular, the
Board) accountable, and the Board simply blocked that proposal -- the very
Board that was supposed to be kept accountable on the basis of it.
As to the letter, I would be curious to ask what are the legal grounds this
vetting process is happening. What in the bylaws or other documents
warrants it? The procedures are governed by Section 4.3. of the Bylaws. The
Bylaws say: "This Section 4.3 shall be construed, implemented, and
administered in a manner consistent with these Purposes of the IRP". So I
would be keen not only to remind about the purpose of the IRP IOT, but also
see what kind of legal grounds the Board sees for such a vetting process
that is in line with the quote from the section 4.3.
I might be missing something here, so feel free to correct me.
Cheers,
Tanya

On Thu, 4 Jul 2019 at 22:37, Rafik Dammak <rafik.dammak at gmail.com> wrote:

> Hi Raphaël,
>
> To avoid confusion, for GNSO PDP groups, board has no say on the
> composition nor doing any vetting at the formation. GNSO PDP working groups
> are usually open membership , except for current EPDP team which has
> limited membership as outlined in the charter and decided by GNSO council
> and with representatives appointed by  the listed groups in the charter.
>
> The IRP IOT is an implementation team for CCWG and so not related to PDP.
> This board vetting seems a first occurence I think as I personally don' t
> recall other cases.
>
> Best,
>
> Rafik
>
> On Fri, Jul 5, 2019, 05:11 Raphaël Beauregard-Lacroix <
> rbeauregardlacroix at gmail.com> wrote:
>
>> Hi all
>>
>> Starting this as a separate thread as I think it is an important
>> discussion to have.
>>
>> As a relative newcomer, I'm mostly interested in knowing how often has
>> the Board undertaken such a vetting process for participation in any form
>> of PDP (taken broadly).
>>
>> That an SO/AC chooses its own people is one thing, but here the Board
>> has, in effect, the last say.
>>
>> ---------- Forwarded message ---------
>> From: farzaneh badii <farzaneh.badii at gmail.com>
>> Date: Thu, Jul 4, 2019 at 3:59 PM
>> Subject: Re: [council] Call for volunteers IRP-IOT and proposed Council
>> endorsement process
>> To: <NCSG-DISCUSS at listserv.syr.edu>
>>
>>
>> Thanks Rafik
>>
>> I have to say I am stunned by the board decision to be involved in
>> vetting the  applicants for IOT membership. This is the group that is going
>> to come up with procedures to hold the board accountable. Board decided to
>> have a say in the selection? This is astonishing. I don't know how the
>> board doesn't see what is wrong with such involvement.
>>
>> If NCSG agrees we need to send a formal letter to the board and remind
>> them what IOT is for!
>>
>> On Thu, Jul 4, 2019 at 3:54 PM Rafik Dammak <rafik.dammak at gmail.com>
>> wrote:
>>
>>> Hi all,
>>>
>>> For those interested to volunteer to IRP-IOT please review carefully the
>>> call here
>>> https://www.icann.org/en/system/files/correspondence/sanchez-to-siddiqui-et-al-26jun19-en.pdf
>>>  [icann.org]
>>> <https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_en_system_files_correspondence_sanchez-2Dto-2Dsiddiqui-2Det-2Dal-2D26jun19-2Den.pdf&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=PDd_FX3f4MVgkEIi9GHvVoUhbecsvLhgsyXrxgtbL10DTBs0i1jYiBM_uTSDzgqG&m=nB8wjB51BCGkGoYf3d1QMu8BvYola3KUSkUARFf64_Q&s=O4k5PeksbH8PKBf9gPIeTNc6uFW4qxu6BXOVz-IIlyM&e=> and
>>> if you would like to get GNSO council support read the details below.
>>>
>>> Best regards,
>>>
>>> Rafik
>>>
>>> ---------- Forwarded message ---------
>>>
>>> Dear Council Members, SG/C Chairs,
>>>
>>>
>>>
>>> As you may be aware, the ICANN Board Accountability Mechanisms Committee
>>> (BAMC) recently launched a call for volunteers to recompose the Independent
>>> Review Process (IRP) Implementation Oversight Team (IOT) (see
>>> https://www.icann.org/en/system/files/correspondence/sanchez-to-siddiqui-et-al-26jun19-en.pdf
>>>  [icann.org]
>>> <https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_en_system_files_correspondence_sanchez-2Dto-2Dsiddiqui-2Det-2Dal-2D26jun19-2Den.pdf&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=PDd_FX3f4MVgkEIi9GHvVoUhbecsvLhgsyXrxgtbL10DTBs0i1jYiBM_uTSDzgqG&m=nB8wjB51BCGkGoYf3d1QMu8BvYola3KUSkUARFf64_Q&s=O4k5PeksbH8PKBf9gPIeTNc6uFW4qxu6BXOVz-IIlyM&e=>
>>> ) . The letter also notes that ‘if any SO/AC wishes to vet candidates
>>> through its own candidate selection process, the BAMC welcomes that work,
>>> diligence, and indication of support when passing the candidate further
>>> into the process’.
>>>
>>>
>>>
>>> As during recent discussions, Council members as well as GNSO community
>>> members have highlighted the importance of this process and the need for
>>> the GNSO to contribute candidates with expertise to this process, Council
>>> leadership would like to propose the following steps:
>>>
>>>
>>>
>>>    1. Any candidates interested in GNSO Council endorsement should send
>>>    their Expressions of Interest describing how his or her experience aligns
>>>    with the skills identified, as well as a commitment to the estimated time
>>>    demands to gnso-secs at icann.org by Friday 12 July 2019.
>>>    2. Council leadership will evaluate the applications against the
>>>    skills and experience outlined in the call for volunteers (see also below).
>>>    3. Council leadership will share with the Council the proposed
>>>    candidates for GNSO Council endorsement by 17 July 2019 at the latest.
>>>    4. Council to consider proposed candidates for endorsement during 18
>>>    July 2019 GNSO Council meeting.
>>>    5. GNSO Secretariat to submit EOIs of endorsed candidates by 31 July
>>>    2019 at the latest.
>>>    6. All the EOIs of the candidates that meet the qualifications will
>>>    be provided to the BAMC for evaluation and identification of new members.
>>>
>>>
>>>
>>>
>>> If you have any questions or concerns about this proposed process,
>>> please let us know as soon as possible. We appreciate that the timeline is
>>> short, but we hope this will not prevent you from encouraging members who
>>> have the required skills and experience from applying. To be clear, nothing
>>> prevents those not seeking GNSO Council endorsement from submitting their
>>> applications directly to the BAMC.
>>>
>>>
>>>
>>> With best regards,
>>>
>>>
>>>
>>> Pam Little and Rafik Dammak, Vice Chairs, GNSO Council
>>>
>>> On behalf of GNSO Council Leadership
>>>
>>>
>>> From
>>> https://www.icann.org/en/system/files/correspondence/sanchez-to-siddiqui-et-al-26jun19-en.pdf
>>> [icann.org]
>>> <https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_en_system_files_correspondence_sanchez-2Dto-2Dsiddiqui-2Det-2Dal-2D26jun19-2Den.pdf&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=PDd_FX3f4MVgkEIi9GHvVoUhbecsvLhgsyXrxgtbL10DTBs0i1jYiBM_uTSDzgqG&m=nB8wjB51BCGkGoYf3d1QMu8BvYola3KUSkUARFf64_Q&s=O4k5PeksbH8PKBf9gPIeTNc6uFW4qxu6BXOVz-IIlyM&e=>
>>>
>>>
>>>
>>>
>>> *Skills and Experience Required *
>>>
>>>
>>>
>>> The IOT has very important work remaining, including the finalization of
>>> a set of Updated Supplementary Procedures that will define the conduct of
>>> IRPs and assure that the purposes of the IRP are upheld. These Procedures
>>> must also align with principles of international arbitration. As a result,
>>> those members of our community that you identify and encourage to join the
>>> IOT, should have the necessary legal or judicial skills and experience in
>>> disputes such as IRPs, arbitrations, or other alternate dispute resolution
>>> processes. Specific familiarity with ICANN’s accountability mechanisms is
>>> another important skill that we hope to see amongst new members. No single
>>> candidate must bring all of this experience, but as we look at the IOT as a
>>> whole, we are striving for a variety of experiences that, taken together,
>>> make the IOT well-suited to finalize a set of procedures to conduct IRP
>>> proceedings. IOT members must also have the time and availability to attend
>>> at least a one hour call each week to participate on IOT telephonic
>>> meetings, as well as sufficient availability to contribute to the work
>>> online.
>>>
>>>
>>>
>>>
>> --
>> Farzaneh
>>
>
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