Sorry, you need to enable JavaScript to visit this website.

ICANN Resolutions » Extension of Ombudsman Contract

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.

Extension of Ombudsman Contract


Resolution of the ICANN Board
Topic: 
Extension of Ombudsman Contract as ICANN's Ombudsman
Summary: 

The Board approves the extension of Herb Waye's contract to serve as ICANN's Ombudsman for an additional year

Category: 
Administration and Budget
Meeting Date: 
Thu, 18 May 2017
Resolution Number: 
2017.05.18.11 – 2017.05.18.15
Resolution Text: 

Whereas, the current Ombudsman's contract concludes on 27 July 2017.

Whereas, the scope and breadth of the Ombudsman's office is still being reviewed by the Community through its Work Stream 2 work.

Whereas, in order to ensure that the Office of the Ombudsman remains operational, the BGC has recommended that the Board extend the Ombudsman's contract for another year following the conclusion of his current contract, which expires on 27 July 2017; the extension will cover the period from 28 July 2017 through 27 July 2018, or until the Board selects ICANN's next Ombudsman, whichever is sooner.

Resolved (2017.05.18.11), the Board approves the extension of Herb Waye's contract to serve as ICANN's Ombudsman for an additional year, covering the time period from 28 July 2017 through 27 July 2018, or until the Board selects ICANN's next Ombudsman, whichever is sooner.

Resolved (2017.05.18.12), the Board asks the Compensation Committee to evaluate the Ombudsman's compensation package to determine if any revisions might be appropriate before the contract extension is effectuated.

Resolved (2017.05.18.13), the Board directs the President and CEO, or his designee(s), to take all steps necessary to effectuate the Ombudsman's contract extension.

Resolved (2017.05.18.14), the Board directs the President and CEO, or his designee(s), to continue monitoring the community work relating to the Ombudsman, and ensure that, following the community work, the search for the next Ombudsman begins as soon as feasible and practicable.

Resolved (2017.05.18.15), specific items within this resolution shall remain confidential pursuant to Article III, section 5.2 of the ICANN Bylaws until the President and CEO determines that the confidential information may be released.

Rationale for Resolution: 

ICANN's Bylaws require ICANN to maintain an Office of the Ombudsman. (See Article V of the Bylaws at http://www.icann.org/en/general/bylaws.htm#V.) Having an ICANN Ombudsman positively affects the transparency and accountability of ICANN as the Ombudsman is one of the three main accountability mechanisms within ICANN.

Currently, the Community is involved in discussing ICANN's accountability mechanisms, including the scope and breadth of the Ombudsman's office. Once the Community work is completed, there will be changes to the role and responsibilities of ICANN's Ombudsman, which could significantly impact the position description for the role.

The current Ombudsman, Herb Waye, was appointed as ICANN's Ombudsman in July 2016, and his current contract expires on 27 July 2017. A new Ombudsman has not yet been selected since searching for ICANN's next Ombudsman before the Work Stream 2 work relating to the scope of the Ombudsman's office is completed may prove inefficient and premature. However, ICANN must ensure that the Ombudsman's office remains operational during this time period. Mr. Waye, has been serving as the Ombudsman for approximately nine months, and served as the Adjunct Ombudsman for 10 years prior to that. He is extremely familiar with and well versed in the complex issues facing ICANN, including the New gTLD Program and other initiatives currently under way. By all accounts, Mr. Waye has been serving ICANN well as the Ombudsman since his term began in July 2016.

The Board also notes that there are discussions to possibly add a new Adjunct Ombudsman, a role that the current Ombudsman served for 10 years. This is in specific response to concerns raised during the Board's discussion about the need to evaluate the workload of the Ombudsman Office to make sure the Office can deal with complaints that may be submitted pursuant to this new Community Anti-Harassment Policy. If the Ombudsman's Office were to be expanded with an Adjunct Ombudsman, this could be an opportunity to consider gender diversity, as well as deal with any short-term issues in terms of workload of the Office.

As there has been a budget for an ICANN Ombudsman since 2004 when the first Ombudsman was appointed, this decision does not have a financial impact on ICANN, the community, or the public that was not already anticipated or included in the budget, outside of the anticipated potential costs of the search for the new Ombudsman. This decision will not have any impact on the security, stability or resiliency of the domain name system.

This decision is an Organizational Administrative Function that does not require public comment.