Ombudsman

Ombudsman is a term given to someone who is in charge of neutrally handling and replying to all the complaints about a particular organization.

The current ombudsman is Chris LaHatte; he assumed this position in July, 2011. He can be contacted at ombudsman[at]icann.org.

ICANN Ombudsman

Responsibilities of the ICANN ombudsman include dispute resolution, filing complaints and taking actions in response to ICANN staff, board or supporting organization decisions. ICANN is required to have a fair and impartial ombudsman. ICANN first filled the position of ombudsman in late 2004. The Ombudsman can only be removed by a three-fourths vote of the entire board.

Responsibilities

The ICANN ombudsman has the powers to access all documents and files. He can take action if there is any behavior by ICANN board members and staff that is perceived as unfair, inappropriate, or inconsistent with the organization's Articles and ICANN Bylaws. He is required to submit an annual report to the ICANN Board. The ICANN ombudsman must adhere to the standard rules of The Ombudsman Association.

Criticism

The independence of the ICANN Ombudsman has been questioned given the fact that is hired and fired by the ICANN Board and reports to the ICANN Chairman. There were also complaints that some of the first complaints that Frank Fowlie dealt with were not handled with anonymity and in accordance with the required privacy rules. There were also complaints that Mr. Fowlie had an indefinite tenure and was not expected to re-apply or held to any form of term limits.

Previous Ombudsmen

First Ombudsman

Frank Fowlie was selected to be the first ombudsman of ICANN in November, 2004. Mr. Fowlie is a native Canafian; he has over 20 years of experience as an ombudsman and conflict resolution officer for different companies in Canada and The USA. After 6 years of service, Frank Fowlie resigned from his post in early 2011, he said that he was tired of the traveling requirements.

Mr Fowlie was known for his ongoing campaign to imbue ICANN's discourse, both from community participants and members of the organization, with greater civility.

Herb Waye served as the Interim Ombudsman following Mr. Fowlie's resignation.

Second Ombudsman

On July 28th, 2011, ICANN appointed Chris LaHatte as its new ombudsman. Chris is a senior mediator and lawyer. He obtained his graduate degree in law from University of Auckland. He also studied dispute resolution from Massey University. He lives in New Zealand where he practices law. He is a Fellow of the Arbitrators and Mediators Institute of New Zealand and a mediator for the New Zealand Law Society. He is also a construction law adjudicator.

When assuming the position of Ombudsman, Mr. LaHatte said that he hoped to help work on effective cross-cultural communication within ICANN, and was also noted that he was preparing for disputes related to the new gTLD program.

Chris LaHatte was dealing with twice as many complaints as his predecessor as of January, 2012, though many of these are issues that he must refer elsewhere as they fall outside his own jurisdiction.

External Links

• Reports and publications of Ombudsman Office
• ICANN ombudsman blog
• ICANN ombudman speeches