Hi,
 
I wanted to share with everyone an e-mail I received from ICANN Ombudsman Chris LaHatte. Chris was helping me with some technical problems I was having with the ICANN website, took at look at my public comment on accountability and made what I thought were some interesting observations about the Ombudsman’s role at ICANN currently and going forward.
 
I note that Chris was “taken” with the idea that the NomCom, rather than the Board, appoint and renew the contract of the Ombudsman. With the changes currently proposed for the NomCom I’m not sure that remains a good idea from our perspective, but I would be interested in what Brenden (who is doing a great job on NomCom and I hope is returned), Maria, Rafik, Norbert or anyone else who has served on NomCom think of the possibility. Is NomCom well positioned to select the Ombudsman? Is it better positioned than the Board is?
 
In granting me permission to share his e-mail Chris noted “the current discussion on accountability is important for me, because of my future role and the impact on the operation of the office of the ombudsman”. I’d like to thank Chris for his contribution and suggest that staff input of this nature is potentially more valuable than that which the staff representative will bring to the Accountability CG. ICANN’s staff has a plurality of views that can’t possibly be represented by a single individual selected by upper management.
 
Thanks,
 
Ed
 
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TO: [log in to unmask];
CC:
 
Dear Edward
 
The web people at ICANN have now fixed the link, and you can now see the paper. I took the opportunity to read this and was most interested in your comments on my role. I was taken by the concept of the NomCon appointing the Ombudsman, which may be worth considering.An ombudsman does not necessarily ever have coercive powers. The model as developed originally has only ever had the power to recommend that there should be changes to resolve issues of unfairness, and you will find that throughout the world, most ombudsmen operate under a model of persuasion, mediation and recommendation.
 
Generally the power which is strongest is that of access to information, which I do have under my bylaw. I do sometimes get involved in DIDP complaints, but do note your observation that very few of these result in further disclosure.
 
The issue of how to isolate my office from the politics at the board level is something of considerable importance. You may have noted however that I cannot be removed except by a majority of 75%. Where there is potential for interference is at the time of renewal however. Some ombudsman officers are appointed for reasonable periods of time, but at ICANN we have tended to have shorter term renewals.
 
But I am glad that these issues are being debated and discussed and I found your perspective valuable and thoughtful.
 
Regards
 
Chris LaHatte
Ombudsman
Blog  https://omblog.icann.org/
Facebook http://www.facebook.com/ICANNOmbudsman
Webpage http://www.icann.org/en/help/ombudsman