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ICANN Resolutions » Consideration of Board Governance Committee's Advice to form a Board Accountability Mechanisms Committee

Important note: The Board Resolutions are as reported in the Board Meeting Transcripts, Minutes & Resolutions portion of ICANN's website. Only the words contained in the Resolutions themselves represent the official acts of the Board. The explanatory text provided through this database (including the summary, implementation actions, identification of related resolutions, and additional information) is an interpretation or an explanation that has no official authority and does not represent the purpose behind the Board actions, nor does any explanations or interpretations modify or override the Resolutions themselves. Resolutions can only be modified through further act of the ICANN Board.

Consideration of Board Governance Committee's Advice to form a Board Accountability Mechanisms Committee


Resolution of the ICANN Board
Meeting Date: 
Fri, 3 Feb 2017
Resolution Number: 
2017.02.03.17 – 2017.02.03.19
Resolution Text: 

Whereas, the Board Governance Committee (BGC) was established by the ICANN Board at its 12 March 2003 meeting.

Whereas, the BGC's Charter defines the BGC's Purpose and Scope of Responsibilities.

Whereas, in 2008, the Board delegated to the BGC the responsibility for considering Reconsideration Requests, a responsibility that was previously delegated to a stand-alone committee of the Board.

Whereas, the volume of Reconsideration Requests has increased exponentially in recent years with the introduction of the New gTLD Program in 2012.

Whereas, as a result of the increased volume of Reconsideration Requests, the BGC has focused more of its time on its Reconsideration duties and less on its other governance duties.

Whereas, the new Bylaws in effect on 1 October 2016 expanded the scope of the Reconsideration process, as well as ICANN's other accountability mechanisms and therefore, it is anticipated that the volume and complexity of accountability mechanisms filed, including Reconsideration Requests, will likely increase.

Whereas, ICANN is committed to meeting the community's call for enhanced accountability, and to supporting the enhanced accountability mechanisms put in place in the new Bylaws.

Whereas, the BGC recommends that the Board's performance would be enhanced through the development of a Board committee specifically charged with oversight of ICANN Accountability Mechanisms, as the Board deems appropriate.

Whereas, the BGC also recommends that to enhance its own performance and focus on core governance activities, that a new committee dedicated to oversight of ICANN's accountability mechanisms might be better suited to take on the BGC's Reconsideration responsibilities, while keeping other governance responsibilities with the BGC.

Whereas, the redesignation of the BGC's Reconsideration responsibilities set forth under Article 4, Section 4.2(e) requires an amendment to the Fundamental Bylaws in accordance with Article 25, Section 25.2 of the ICANN Bylaws.

Whereas, after consideration, the Board agrees with the BGC's recommendations.

Resolved (2017.02.03.17), the Board hereby approves the initiation of the process to amend the Fundamental Bylaws to redesignate the Reconsideration responsibilities vested in the Board Governance Committee (BCG) under Article 4, Section 4.2(e) of the ICANN Bylaws to another Board committee.

Resolved (2017.02.03.18), the Board directs the President and CEO, or his designee(s), to take all steps necessary in accordance with Bylaws Article 25.2 to initiate the process to amend Bylaws Article 4, Section 4.2 to redesignate the Reconsideration responsibilities vested in the BGC under Article 4, Section 4.2(e) to another Board committee.

Resolved (2017.02.03.19), if the proposed amendment to the Fundamental Bylaws is approved in accordance with Article 25.2 of the Bylaws, the Board will constitute the Board Accountability Mechanisms Committee (BAMC).

Rationale for Resolution: 

The Board Governance Committee (BGC) is responsible for assisting the Board to enhance its performance. (Charter, I.A, at https://www.icann.org/resources/pages/charter-06-2012-02-25-en). In 2008, the Board designated the to the BGC the responsibility for considering Reconsideration Requests, a responsibility that was previously designated to a stand-alone committee of the Board. Over the past several years, the BGC's work relating to Reconsideration Requests have increased exponentially, particularly with the New gTLD Program. As a result of the increased volume of Reconsideration Requests, the BGC was required to focus more of its time on Reconsideration Requests and less on its other governance duties. Given that the new Bylaws in effect on 1 October 2016 expanded the scope of the Reconsideration process, as well as ICANN's other accountability mechanisms and therefore, it is anticipated that the volume and complexity of accountability mechanisms filed, including Reconsideration Requests, will likely increase. Thus, the BGC's workload on Reconsideration Requests will not likely lessen.

As part of its responsibilities, the BGC is tasked with "periodically review[ing] the charters of the Board Committees, including its own charter and work with the members of the Board Committees to develop recommendations to the Board for any charter adjustments deemed advisable." (BGC Charter, I.A, at https://www.icann.org/resources/pages/charter-06-2012-02-25-en) In this role, the BGC has identified that Board's performance would be enhanced through the development of a Board committee specifically charged with oversight of ICANN Accountability Mechanisms, as the Board deems appropriate. The BGC also recommends that to enhance its own performance and focus on core governance activities, that a new committee dedicated to oversight of ICANN's accountability mechanisms might be better suited to take on the BGC's Reconsideration responsibilities, while keeping other governance responsibilities with the BGC.

This action will have no financial impact on the organization and no direct impact on the security, stability or resiliency of the domain name system.

This is an Organizational Administrative Action not requiring public comment.