ICANN Resolutions » Acceptance of the Second Organizational Review of the NomCom – Final Report and Recommendations
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Whereas, the second Organizational Review of the Nominating Committee (NomCom) commenced in June 2017, in accordance with the ICANN Bylaws, Article 4, Section 4.4.
Whereas, the independent examiner that conducted the second NomCom Review produced an assessment report that was published for public consultation on 10 January 2018, a draft final report that was published for public comment on 27 March 2018, and a final report, containing twenty-seven (27) recommendations, that was published on 5 June 2018.
Whereas, the NomCom Review Implementation Planning Team analyzed the independent examiner's recommendations for feasibility and usefulness, considered provisional budget implications, and anticipated resources to propose a prioritized implementation timeline.
Whereas, the NomCom Review Implementation Planning Team prepared a draft Feasibility Assessment and Initial Implementation Plan (FAIIP), and presented it to interested community groups during ICANN63, receiving broad support from recipients.
Whereas, having consulted regularly with the community as well as the 2018 and 2019 NomComs, the Implementation Planning Team, approved the final FAIIP with full consensus on 14 December 2018.
Whereas, the Board notes that the FAIIP approval process did not fully reflect the procedure detailed in the organizational flow chart, where it is stated that the Supporting Organization/Advisory Committee (SO/AC) under review approves the FAIIP. This deviation is due to the NomCom's role and membership structure that differs significantly from that of the councils and leaderships of those SOs and ACs that are subject to organizational reviews.72 The Implementation Planning Team's unanimous support for the FAIIP, the representativeness of its membership, the transparency of its work, and the accountability of its outreach efforts throughout its work, including during ICANN63, all compensate for the lack of the formal approval by an advisory committee or council that occurs during the organizational review of a SO or an AC.
Whereas, the NomCom Review Implementation Planning Team supported all 27 recommendations of the independent examiner, while providing minor modifications to four of the 27 recommendations, as detailed in the FAIIP.
Whereas, the Organizational Effectiveness Committee (OEC) of the ICANN Board received briefings from the independent examiner on its final report and the NomCom Review Implementation Planning Team on its FAIIP during the OEC meeting on 8 January 2019.
Whereas, the OEC considered the final report, the FAIIP, and the public comment input in order to reach a recommendation to the Board for how to proceed with the second NomCom Review. The OEC recommended that the Board accepts both the NomCom Review independent examiner's final report and the Implementation Planning Team's FAIIP. The OEC also recommended that the Board instruct the NomCom Review Implementation Planning Team to convene an implementation working group to develop a detailed implementation plan for the recommendations, as detailed in the FAIIP, within six months from the adoption of this resolution, and for that implementation working group to oversee the implementation of these recommendations, once the Board has approved said detailed implementation plan.73
Resolved (2019.03.14.13), the Board acknowledges the independent examiner's diligent work and thanks it for producing a comprehensive final report aimed at improving the NomCom's effectiveness, transparency, and accountability.
Resolved (2019.03.14.14), the Board acknowledges the work and support of the NomCom Review Working Party and the NomCom Review Implementation Planning Team during the review process. The Board thanks the NomCom Review Implementation Planning Team for their diligent and insightful work in producing the Feasibility Assessment and Initial Implementation Plan that was approved with full consensus by the NomCom Review Implementation Planning Team on 14 December 2018.
Resolved (2019.03.14.15), the Board accepts the final report from the independent examiner.
Resolved (2019.03.14.16), the Board accepts the Feasibility Assessment and Initial Implementation Plan from the NomCom Review Implementation Planning Team, subject to appropriate implementation costing. The Board directs the ICANN President and CEO, or his designee(s), to support the NomCom Review Implementation Planning Team in the development and submission to the Board, through the OEC, of a plan for the implementation of the accepted recommendations. The ICANN President and CEO, or his designee(s), is directed to report back to the Board on the plan and any community input.
Resolved (2019.03.14.17), to support this action the Board requests that the NomCom Review Implementation Planning Team convene a working group that drafts a detailed implementation plan of the recommendations, as detailed in the FAIIP. The detailed implementation plan shall be submitted to the Board as soon as possible, but no later than six months after the adoption of this resolution. The implementation plan should contain a realistic timeline for the implementation, a definition of desired outcomes, an explanation of how the implementation addresses underlying issues identified in the final report, and a way to measure current state as well as progress toward the desired outcome. The working group shall also work with ICANN organization to include expected budgetary implications for each of the implementation steps into its detailed implementation plan. The implementation plan shall incorporate a phased approach that allows for easy-to-implement and least costly improvements to be implemented first, with those items with more significant budget implications to be addressed later in the implementation process.
Resolved (2019.03.14.18), the Board directs the NomCom Review implementation working group to oversee the implementation process, once the Board has accepted the detailed implementation plan. Any budgetary requests resulting from the implementation shall be made in line with ICANN org's annual budgeting processes.
Resolved (2019.03.14.19) The Board directs the NomCom Review implementation working group to provide to the OEC with six-monthly written implementation reports on progress against the implementation plan, including, but not limited to, progress toward metrics detailed in the implementation plan and use of allocated budget.
Why is the Board addressing the issue?
To ensure ICANN's multistakeholder model remains transparent and accountable, and to improve its performance, ICANN conducts Organizational Reviews of its Supporting Organizations (SOs), Advisory Committees (ACs) (other than the Governmental Advisory Committee) and the Nominating Committee (NomCom), as prescribed in Article 4, Section 4.4 of its Bylaws. The second NomCom Review commenced in June 2017. The independent examiner conducting the review produced a final report that was published in June 2018. Based on its detailed review of the independent examiner's final report, the NomCom Implementation Planning Team prepared a Feasibility Assessment and Initial Implementation Plan (FAIIP), adopted by full consent on 14 December 2018.
This action is also in recognition that the approach ICANN has historically taken in evaluating and implementing recommendations from review processes is not sustainable, and that prior to acting on the Final Report recommendations ICANN needs to engage with the community about processes by which ICANN and the community can collectively identify priorities and develop a sustainable cadence for implementing recommendations out of reviews.
What is the proposal being considered?
The proposal being considered is for the Board to accept the final report, to accept the Feasibility Assessment and Initial Implementation Plan (FAIIP), and to direct the NomCom Review Implementation Planning Team to convene a NomCom Review implementation working group that oversees the implementation the recommendations, as detailed in the FAIIP.
Which stakeholders or others were consulted?
During its work on the NomCom Review, the independent examiner conducted more than 60 interviews with current and former members of the NomCom, the wider ICANN community, the ICANN Board and the ICANN organization, and gathered 85 individual responses to its online survey. The independent examiner held regular meetings with the NomCom Review Working Partythroughout the review, including public meetings at ICANN61 and ICANN62 and meetings with community groups at ICANN63, public consultation on the assessment report, and webinar on the draft final report.
The independent examiner published its assessment report for public consultation and its draft final report for Public Comment. Ten comments were submitted to the public comment forum – one from an individual and nine on behalf of organizations. (see Summary Report of Public Comment Proceeding). The NomCom Review Working Party, also provided direct feedback to the independent examiner on initial drafts of the assessment report, draft final report and final report.
The OEC received briefings from the independent examiner on its final report and the NomCom Review Implementation Planning Team on its FAIIP during the OEC meeting on 8 January 2019. The OEC also considered community feedback on the independent examiner's assessment report and draft final report.
What concerns or issues were raised by the community?
While the NomCom Review Implementation Planning Team agreed with the spirit of all of the independent examiner's recommendations, it noted concerns with the wording of four recommendations. The NomCom Implementation Planning Team resolved the concerns by making semantic modifications to these four recommendations.
In general, contributors to the public comment proceedings on the independent examiner's draft final report, expressed overall support for the findings and recommendations included in the report.
In addition, the community also supported the draft Feasibility Assessment and Initial Implementation Plan that the Implementation Planning Team presented to interested community groups during ICANN 63.
What significant materials did the Board review?
The Board has considered the relevant Bylaws provisions, the independent examiner's final report, the NomCom Review Implementation Planning Team's FAIIP, and community feedback on the independent examiner's assessment report and draft final report, and took onboard the OEC's considerations in making this recommendation.
What factors did the Board find to be significant?
The Board notes the NomCom Review Implementation Planning Team's and community's overall support for the independent examiner's draft final report and final report and has considered them together with all other community input received throughout the NomCom Review process.
In the four instances where the NomCom Review Implementation Planning Team agreed with the spirit of recommendation but made wording modifications, the Board believes that the modifications proposed, and the rationale provided in the FAIIP are appropriate to address the issues identified by the independent examiner in the final report. Therefore, the Board accepts the final report and the FAIIP.
Implementing the proposed improvements is a significant step in assuring that the post-review NomCom is able and capable to fulfill its Bylaws-mandated role and responsibilities.
Are there positive or negative community impacts?
This Board action is expected to have a positive impact on the community as it supports the continuing process of facilitating periodic review of ICANN's SOs and ACs, as mandated in the Bylaws. Moreover, implementation of the recommendations will lead to improvements in the transparency, accountability, and effectiveness of the NomCom.
Are there fiscal impacts or ramifications on ICANN (strategic plan, operating plan, budget); the community; and/or the public?
This Board action will have fiscal implications, which will be catalogued in the forthcoming detailed implementation plan, which in itself will be subject to a future Board consideration. The detailed implementation plan shall outline how any budgetary requirements are going to be incorporated into future ICANN budgeting cycles.
Are there any security, stability or resiliency issues relating to the DNS?
This Board action is not expected to have a direct effect on security, stability or resiliency issues relating to the DNS.
How is this action within ICANN's mission and what is the public interest served in this action?
The Board's action is consistent with ICANN's Mission and its commitment pursuant to Section 4 of the Bylaws to ensure ICANN's multistakeholder model remains transparent and accountable, and to improve the performance of its supporting organizations and advisory committees.
This action will serve the public interest by contributing to the fulfillment of ICANN's commitment to maintaining and improving its accountability and transparency.
Is public comment required prior to Board action?
The independent examiner's draft final report was published for public comment. The draft final Feasibility Assessment and Initial Implementation Plan was presented to interested community groups during ICANN63. No additional public comment prior to Board action is required.