ICANN Resolutions » Approval of GNSO Noncommercial Users Constituency Bylaws Amendments
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Whereas, the ICANN Bylaws (Article 11, Section 11.5 c) state, "Each Stakeholder Group identified in Section 11.3(a) and each of its associated Constituencies, where applicable, shall maintain recognition with the ICANN Board";
Whereas, the Board has established a Process For Amending GNSO Stakeholder Group and Constituency Charters (hereinafter "Process");
Whereas, the GNSO Noncommercial Users Constituency (NCUC), ICANN organization, and the Organizational Effectiveness Committee (OEC) have completed all steps identified in the Process to date, including a determination that the proposed changes will not raise any fiscal or liability concerns for the ICANN organization, and the OEC has recommended that the Board approve the proposed changes.
Resolved (2018.05.13.03), the ICANN Board approves the NCUC Charter Amendments as documented in this paper and attachments.
Resolved (2018.05.13.04), the Board directs the ICANN President and CEO, or his designee(s), to communicate this resolution with the leadership of the NCUC, and the NCUC and the ICANN President and CEO, or his designee(s), is directed to provide access to the updated NCUC Charter on the appropriate ICANN and NCUC web pages.
Why is the Board addressing this issue now?
The ICANN Bylaws (Article 11, Section 11.5 c) state, "Each Stakeholder Group identified in Section 11.3(a) and each of its associated Constituencies, where applicable, shall maintain recognition with the ICANN Board." The ICANN Board follows a process through which it formally approves any GNSO Stakeholder Group and/or Constituency Charter amendments in order to support the maintenance of recognition.
In September 2013, the Board established a Process For Amending GNSO Stakeholder Group and Constituency Charters ("Process") to provide a streamlined methodology for compliance with the Bylaws requirement.
In May 2017, the Noncommercial Users Constituency (NCUC) of the GNSO approved amendments to its governing documents and availed itself of the Process.
What are the proposals being considered?
The NCUC has substantially amended its existing Charter document to adjust to an evolving composition of membership and to enable it to more effectively undertake its policy development responsibilities. Among a number of amendments, the most substantial charter changes are in the following areas:
Align various provisions with the charter of the Non-Commercial Stakeholders Group;
Addition of a complete new chapter that thoroughly details new mechanisms to help the NCUC fulfill its obligations as part of the new ICANN empowered community;
Clarified areas of NCUC membership eligibility – particularly the definition of eligible membership organizations and matters regarding non-eligible organizations;
Expanded provisions obliging NCUC members to disclose instances of support from ICANN or specific parts of the ICANN community;
Expanded details on NCUC Executive Committee including: added details on the duties and expectations for regional representatives on the NCUC Executive Committee; expanded provisions for the removal of NCUC officers; creation of a new Vice Chair role – replacing the Secretary-Treasurer role; and additional details provided about the role of the NCUC Treasurer.
What stakeholders or others were consulted?
In addition to extensive community deliberations within the NCUC, the proposed amendments were subjected to a 41-day Public Comment period (24 August – 3 October 2017). When the period was completed, ICANN org produced a Summary Report for community and Board OEC review on 4 October 2017.
What significant materials did the Board review?
Board members reviewed of the proposed charter amendments, a copy of the red-lined version of the proposed charter amendments following the initial staff review prior to the public comment proceeding, and a copy of the Staff Summary Report summarizing community comments.
What factors did the Board find to be significant?
The NCUC , ICANN organization, and the Organizational Effectiveness Committee (OEC) completed all steps identified in the Process including a determination that the proposed charter amendments will not raise any fiscal or liability concerns for the ICANN organization and publication of the amendments for community review and comment. The OEC has recommended to the Board that the NCUC Charter amendments be approved.
Are there Positive or Negative Community Impacts?
The NCUC has amended its existing Charter document to adjust to an evolving composition of membership and to enable it to more effectively undertake its policy development responsibilities.
Are there fiscal impacts/ramifications on ICANN organization (Strategic Plan, Operating Plan, Budget); the community; and/or the public?
There are no anticipated fiscal impact/ramifications on ICANN organization or individual community members within the amendments supplied. The amendments supplied align with ICANN's mission and meet the public interest by way of updating the fundamental governance document for one of the ICANN Board-recognized constituency groups.
Are there any Security, Stability or Resiliency issues relating to the DNS?
There is no anticipated impact from this decision on the security, stability and resiliency of the domain name system as a result of this decision.
Is this either a defined policy process within ICANN's Supporting Organizations or ICANN's Organizational Administrative Function decision requiring public comment or not requiring public comment?
The proposed amendments were subjected to a 41-day Public Comment period (24 August to 3 October 2017).