ICANN Resolutions » Appointment of Board Designee to the Third Accountability and Transparency Review Team
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Whereas, the ICANN Bylaws specify that the Board shall cause a periodic review of ICANN's execution of its commitment to maintain and improve robust mechanisms for public input, accountability, and transparency to ensure that the outcomes of its decision-making reflect the public interest and are accountable to the Internet community ("Accountability and Transparency Review").
Whereas, the third Accountability and Transparency Review process (ATRT3) began with a call for volunteers for review team in January 2017.
Whereas, the proposed next steps after consultation with the community include community reconfirmation of review team nominees and the appointment of the review team by the SO/AC chairs by 30 November 2018. The third Accountability and Transparency Review Team is proposed to commence its substantive work in January 2019.
Whereas, under Section 4.6 of the Bylaws, the Board may appoint a Director or Liaison to serve as a member of the Accountability and Transparency Review Team and the Board has considered the skills and experience relevant to the third Accountability and Transparency Review Team.
Whereas, the Board Governance Committee has recommended that the Board designate Maarten Botterman to serve as a member of the third Accountability and Transparency Review Team.
Whereas, the Organizational Effectiveness Committee recommended that the Board request ATRT3 to adopt its Terms of Reference and Work Plan within 60 days of convening its first meeting and submit these documents to the Board and to the leadership of the Supporting Organizations and the Advisory Committees, to confirm compliance with Bylaws provisions and ICANN community expectations.
Whereas, the Bylaws specify that the Accountability and Transparency Review Team should issue its final report within one year of convening its first meeting, which informs the timing requested by the Board.
Resolved (2018.10.25.14), the Board hereby appoints Maarten Botterman to serve as a member of ATRT3.
Resolved (2018.10.25.15), the Board requests that ATRT3 adopt its Terms of Reference and Work Plan within 60 days of convening its first meeting, and submit these documents to the Board and to the leadership of the Supporting Organizations and the Advisory Committees, to confirm that the team's scope and timeline are consistent with the requirements of the ICANN Bylaws and ICANN community expectations.
Why is the Board addressing the issue?
On 1 October 2016, new Bylaws became effective following the IANA Stewardship Transition that introduced new commitments to enhance ICANN's accountability. These Bylaws incorporated the reviews that previously were found in the Affirmation of Commitments, and specified new selection procedures for convening them, now referred to as "Specific Reviews." This created an opportunity for the Board to designate a representative to participate as a member of each of the Specific Review teams.
ICANN organization launched a Call for Volunteers for ATRT3 on 31 January 2017. The community nomination process was still open when ICANN organization posted a public comment proceeding on Short-term Options for Specific Reviews (May – July 2018) to invite feedback on options on whether and how to adjust the timeline for ATRT3. ICANN organization then posted Next Steps for Reviews in September 2018, setting the proposed path forward for ATRT3 (community appointment of ATRT3 members by 30 November 2018; first meeting in January 2019).
With the launch of the third Accountability and Transparency Review in January 2017, the Board has chosen to appoint a representative for this important review. Additionally, the Board is requesting that the third Accountability and Transparency Review Team (ATRT3) provide the Board with its adopted Terms of Reference and Work Plan within 60 days of convening its first meeting.
What is the proposal being considered?
The proposal being considered is that Maarten Botterman be appointed by the Board to serve as a member of ATRT3, based on skill and experience relevant to this review. In line with established best practices for all Specific Reviews and because the Bylaws specify that ATRT3 should issue its final report within one year of convening its first meeting, the Board is requesting ATRT3 to adopt its Terms of Reference and Work Plan on a timely basis and submit these documents to the Board and to the leadership of the Supporting Organizations and the Advisory Committees.
The Terms of Reference should demonstrate at a high level how the objective of the review will be accomplished within the required time frame and with specified resources. It should provide a clear articulation of work to be done and a basis for how the success of the project will be measured. The Work Plan should detail the specific tasks to be performed to effectively complete the scope of work of the review (the topics ATRT3 will address, within the bounds of ICANN Bylaws), with clear deadlines, milestones and task owners. The Board is responsible for confirming that the Bylaws provisions for Specific Reviews are adhered to and that there are adequate resources available for ATRT3 to complete its work on a timely basis.
Which stakeholders or others were consulted?
The Board consulted with the Board Governance Committee (BGC) and the Organizational Effectiveness Committee (OEC). The BGC recommended a suitable Board designee based on the Bylaws-mandated broad scope of this review, and the skills and experience detailed in the Call for Volunteers. Based on its oversight of reviews, the OEC recommended good practices for conducting effective reviews on a timely basis. While no consultation with the community was required for this Board action, the Board took into consideration community input on Draft Operating Standards and on Short-term Options for Specific Reviews.
What concerns, or issues were raised by the community?
The community expressed strong support for all Specific Review Teams (including ATRT3) to set their own scope without prior community consultation but agreed that the Board has a responsibility to ensure adherence to the Bylaws. Additionally, the community has been supportive of ATRT3 providing timely information to the SO/AC leadership to gather community input and confirmation that their needs are addressed by the review team.
What significant materials did the Board review?
The Board reviewed relevant Bylaws sections, Specific Review Process documentation, Call for Volunteers to serve on ATRT3, public comments on Short-term options for Specific Reviews, and the proposed Next Steps for Reviews.
What factors did the Board find to be significant?
The Board found several factors to be significant:
skill and experience required to conduct this review,
importance of timely and clearly-formulated Terms of Reference and Work Plan, and
the need for ICANN Community to be informed about the work of the review team on a timely basis.
Are there positive or negative community impacts?
This Board action is expected to have a positive impact on the community by adding useful skills and expertise to this important review and by encouraging timely completion of the third Accountability and Transparency Review, within the bounds of the ICANN Bylaws.
Are there fiscal impacts or ramifications on ICANN (strategic plan, operating plan, budget); the community; and/or the public?
This Board action is anticipated to have a positive fiscal impact, by encouraging timely and efficient completion of the third Accountability and Transparency Review work within the Bylaws-specified 12-month period. The expenses associated with conducting the third Accountability and Transparency Review are included in the ICANN Budget for Fiscal Year 2019.
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 commitment pursuant to section 4.6 of the Bylaws to maintain and improve robust mechanisms for public input, accountability, and transparency so as to ensure that the outcomes of its decision-making reflect the public interest and that ICANN is accountable to all stakeholders.
This action will serve the public interest by fulfilling ICANN's commitment to maintaining and improving its accountability and transparency.
Is public comment required prior to Board action?
This decision is an Organizational Administrative Function that does not require public comment.