ICANN Resolutions » Independent Review of the NomCom Detailed Implementation Plan
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.
Whereas, ICANN Bylaws Article IV, Section 4.4 calls on the ICANN Board to "cause a periodic review of the performance and operation of each Supporting Organization, each Supporting Organization Council, each Advisory Committee (other than the Governmental Advisory Committee), and the Nominating Committee (NomCom) by an entity or entities independent of the organization under review. The goal of the review, to be undertaken pursuant to such criteria and standards as the Board shall direct, shall be to determine (i) whether that organization has a continuing purpose in the ICANN structure, and (ii) if so, whether any change in structure or operations is desirable to improve its effectiveness."
Whereas, the independent examiner of the second NomCom Review produced a Final Report in June 2018. That report was received by the Board in March 2019, and at the same time the Board accepted the NomCom Review Implementation Planning Team's Feasibility Assessment and Initial Implementation Plan.
Whereas, in response to that March 2019 resolution, the NomCom Review Implementation Working Group was created. That Working Group developed and approved with full consensus the NomCom Review Detailed Implementation Plan on 3 September 2018.
Resolved (2019.11.07.32), the Board acknowledges the NomCom Review Implementation Working Group's work and thanks the members of that Group for their efforts.
Resolved (2019.11.07.33), the Board accepts the NomCom Review Detailed Implementation Plan, including the implementation approach contained within.
Resolved (2019.11.07.34), the Board directs the NomCom Review Implementation Working Group to commence implementation, in accordance with the NomCom Review Detailed Implementation Plan and to provide updates to the Organizational Effectiveness Committee of the ICANN Board (OEC) through six-monthly written implementation reports on progress, including, but not limited to, progress toward metrics and use of allocated budget. It is during these updates that the NomCom Review Implementation Working Group shall provide, if necessary, more details on the measurability of implementation progress including resource needs and budgetary implications. The Board, through the OEC will review those detailed plans when released.
Resolved (2019.11.07.35), that any budgetary implications of the second NomCom Review implementation shall be considered as part of the applicable annual budgeting processes.
Why is the Board addressing the issue?
To ensure ICANN's multistakeholder model remains transparent and accountable, and to improve its performance, the ICANN Bylaws mandate independent reviews of each Supporting Organization, each Supporting Organization Council, each Advisory Committee (other than the Governmental Advisory Committee), and the Nominating Committee, as detailed in Article IV, Section 4.4 of the ICANN Bylaws. The independent examiner conducting the NomCom Review produced a final report that was published in June 2018. Based on its detailed review of the independent examiner's findings and recommendations, the NomCom Implementation Planning Team prepared a Feasibility Assessment and Initial Implementation Plan (Implementation Plan), adopted with full consensus on 14 December 2018. Subsequently, the NomCom Review Implementation Planning Team convened a working group that drafted and submitted on 13 September 2019 the NomCom Review Detailed Implementation Plan.
The NomCom Review recommendations as noted in the NomCom Review Detailed Implementation Plan have the potential to advance ICANN's and the NomCom's effectiveness, transparency and accountability objectives and have been considered carefully by the Board's Organizational Effectiveness Committee as well as by the full Board.
The Board resolution will have a positive impact on ICANN as it reinforces ICANN's commitment to maintaining and improving its accountability, transparency and organizational effectiveness throughout the implementation process.
Why is the Board addressing the issue?
This resolution moves the NomCom Review into the implementation phase. Following the assessment of the Plan and the feedback from the OEC, the Board is now in a position to consider the NomCom Review Detailed Implementation Plan and instruct the NomCom Review Implementation Working Group to commence the implementation process as set out in the Plan. This step is an important part of the Organizational Review process of checks and balances, to ensure that the Board-accepted recommendations will be implemented, while being mindful of all relevant resources constraints.
What is the proposal being considered?
The proposal the Board is considering is the Organizational Effectiveness Committee's recommendation of the adoption of the NomCom Review Implementation Plan, drafted and adopted by the NomCom Review Implementation Working Group.
Which stakeholders or others were consulted?
The Chair and Vice-Chairs of the NomCom Review Implementation Working Group contacted community leaders to invite feedback on the implementation process of the 27 recommendations. Community feedback informed the NomCom Review Implementation Working Group's drafting of the NomCom Review Detailed Implementation Plan. The NomCom Review Implementation Working Group also conducted a community-wide webinar in the run-up to ICANN65 to provide an update to the Community on the NomCom Review Implementation Working Groups' work and solicit feedback.
What concerns, or issues were raised by the community?
The NomCom Review Implementation Working Group received community input on Recommendations 10 (ten), 14 (fourteen), sixteen (16), twenty-four (24), twenty-five (25) and twenty-seven (27) The input provided was mostly on the desired outcome of implementation, rather than the processes the NomCom Review Implementation Working Group should use to implement the recommendations. While community views on the implementation process varied in some cases, the feedback helpfully informed the NomCom Review Implementation Working Group's work. Community feedback on implementation outcome did not feed into the Plan but the NomCom Review Implementation Working Group has kept a record of all input, including on desired implementation outcome, and it will inform the Group's work during the implementation process.
What significant materials did the Board review?
The Board reviewed the NomCom Review Detailed Implementation Plan, as adopted by the NomCom Review Implementation Working Group. The Board had previously considered the relevant Bylaws provisions, the independent examiner's final report, the NomCom Review Implementation Planning Team's Feasibility Assessment and Initial Implementation Plan, 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.
Are there fiscal impacts or ramifications on ICANN, the Community, and/or the Public (strategic plan, operating plan, or budget)?
This Board action will have some fiscal implications and this resolution does not authorize any specific funding for those implementation efforts. As detailed in the Plan, implementation of some recommendations is dependent on successful future budget requests, and the Plan outlines which recommendations are impacted as well as the need to make budget requests during future ICANN budget cycles.
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 4.4 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.
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.
Is public comment required prior to Board action?
The independent examiner's draft final report was published for public comment. A status update on the work of the NomComRIWG was provided during a webinar prior to ICANN65, and Chair and Vice-Chairs of the NomCom Review Implementation Working Group contacted SO/ACs chairs and received feedback on implementation of the 27 recommendations, which informed the drafting of their NomCom Review Detailed Implementation Plan. No additional public comment prior to Board action is required.