Decisions Reached | Action Items: Tracking Tool

ICANN org to prepare draft Final Implementation Status Report for NomComRIWG review during the next meeting, #96.

Legal will slightly adjust language in the Proposed Statement on "Unaffiliated Directors": 1) IRS definitions in footnote, 2) Move around paragraphs, modify language on independence, 3) Take away brackets around "3". In addition, Sam/Legal will draft proposed transition article.

The NomComRIWG completed the draft NomCom Standing Committee Charter and will submit it as it currently stands to the OEC as part of its Implementation Report.

Recommendation 27

• Next step with Legal to finalize wording regarding Rec. 27; will propose amendment process. in progress

NomComRIWG to continue discussion on period between completing implementation work and forming the Standing Committee; one idea proposed was to set up an interim Standing Committee to begin work in January; another idea was to reconvene after the Bylaws change to support the Standing Committee set up

ICANN org NomCom support staff to inform the NomCom Associate Chair of the additional responsibility outlined in the current NomCom Standing Committee charter

Next meeting

• According to the approved work plan, the next NomComRIWG meeting #95 will be scheduled on 21 April. Evin will liaise with the Co-Chairs before then, regarding updates on action items in progress.

Recommendation 27

• ICANN org to come back to the NomComRIWG with proposed wording for the Unaffiliated Director recommendation. 

NomCom Standing Committee Charter

• NomComRIWG consensus that the Charter will be shared publicly in the eventual Public Comment proceeding to include all proposals from the NomComRIWG, est. June 2022. 
• NomComRIWG consensus to change wording in Charter according to OEC feedback [docs.google.com]: "leave of absence" to "unexcused absence", remove "majority" from "majority vote" and potentially change to "justified vote", with footnote to define "justified vote" as all people in the Committee participate in the vote. In terms of removing members, the NomComRIWG confirmed they do not need OEC/Board to participate in the process.
• ICANN org to come back to the NomComRIWG with proposed wording changes to the Standing Committee Charter to address the possibility of no Associate Chair of the NomCom.

NomCom Standing Committee Charter

• Staff to provide OEC comments to NomComRIWG within the next week or so for feedback. 

Work plan and meeting cadence

• Next NomComRIWG meeting to be scheduled on 24 March. Separately scheduled Leadership Meeting after ICANN73 (before 24 March) to be confirmed, including debrief on the Prep Week webinar and preparation for next NomComRIWG meeting (#94).

ICANN73 Prep Week Webinar

No NomComRIWG meeting to be scheduled on 24 February; community-led Prep Week webinar only. Staff/Evin will take notes of the webinar for later debrief of the NomComRIWG.

ICANN73 Prep Week Webinar 

• Evin to update Rec. 27 slide with information from 17 Feb feedback from Legal. 
• Evin to share updated ICANN73 Webinar slide deck with NomComRIWG for final review. 
• NomComRIWG to provide final comments/revisions, if any, to the ICANN73 Webinar slide deck by Friday, 18 February at 19 UTC (2pm ET). 

NomCom Standing Committee Charter

Comments to be resolved in the Charter, and preamble added with support of the NomComRIWG.

Staff to send to NomComRIWG for approval that the Charter may proceed to Legal for review, and then OEC. 

NomComRIWG will reconvene in January to take stock of remaining work items and develop a work plan 

ICANN org will review additional proposed redline changes from the NomComRIWG to the final draft Standing Committee charter 

NomComRIWG to consider proposed considerations from ICANN Legal including whether there could be potential guidance to accompany the definition

ICANN Legal will make proposed changes and considerations for the NomComRIWG on Rec. 27 

ICANN org NomComRIWG support staff will consult with ICANN Legal on proposed changes to the charter with the aim of creating a final, clean agreed upon version by early December.

The NomComRIWG confirmed approach to December Status Reporting, ICANN org will complete a first draft for the NomComRIWG to review

ICANN org to clarify the expected timing of proposed Bylaws changes

ICANN org will update language in the Standing Committee charter to refer to the Associate Chair, and to clarify that Associate Chairs serving in their liaison capacity on the Standing Committee are not precluded from different roles in the future

Discussion on Recommendation 23 (candidate pool data) is tabled for the next RIWG meeting on 23 September.

Draft SC charter decision-making process (facilitated by ICANN Org)

Summarize SC actions/roles from implementation steps to cross-reference with the final draft SC charter (facilitated by NomComRIWG & ICANN Org)

Draft RIWG candidate pool metrics (facilitated by ICANN Org)

Agreed evaluation metrics document (facilitated NomComRIWG & ICANN Org)

Draft - guide for metrics. 

Recruitment firm project/process. 

Org to continue working on charter revisions, present these on the 29th - delayed until end of October 2021.

Highlights of Standing Committee Charter Discussion (action items)

Scope and Reach:

• Preamble with clear demarcation line over SC – need for clarity in drafting. This is drafting within the charter; some was in the preamble to the charter. (done)

Discussion on Main Categories of Legal Feedback:

• Relationship with Other Entities:
  • Agree oversight needs to be clarified.  (done)

• Governance:
  • Agree self-reinforcing is not the best. Already defined diversity, give OEC responsibility for staffing the SC. Key area for the Board. (in progress)
  • Role of the Board in charter amendments, there’s a role of the Board in change in charter amendments in all parts of ICANN.  (done)

ICANN org will update the Action Item on Rec. 1 from Plenary Call #78 to read: 

• Option for Revised Wiki Action Item: Rec. 1 Job Description: RIWG to request SO/ACs regularly post their final job descriptions for their respective NomCom delegates on their respective SO/AC websites, for transparency. The RIWG agreed that with this action, the implementation of Rec. 1 is complete.

RIWG will make adjustments to the Charter based upon feedback from ICANN Legal then share with ICANN Legal. 

Rec 10:  ICANN org will send the RIWG a clean version of the summary document that reflects feedback from the call. The working group may wish to review before finalizing and sharing with the OEC in response to the questions raised during the 29 April call.

1. Rec 10 Gap Analysis implementation step- NomComRIWG to revisit and examine gap analysis from Rec. 10 to confirm whether this step was completed and if so, consider whether to include a brief description of the gap analysis in the summary document.

Rec 27:  Considering the discussion and the takeaways, ICANN Legal will review the proposed definition and engage with the NomComRIWG to discuss a way forward.

Rec 24:  ICANN org to provide to the RIWG consolidated feedback from the OEC and org on the Draft Standing Committee Charter for RIWG consideration.

75

RIWG will draft Operating Standards for the Standing Committee to complement the draft charter. 

RIWG will consider adding language to the Standing Committee draft charter to convey "guard rails" for the work of the Standing Committee, and to add language regarding its accountability and transparency. 

Recs. 11, 12: Send questions as an email request to office of the CEO and Finance Department, and ask for a meeting in January, potentially during one of the NomComRIWG meetings

NomCom Standing Committee Charter:

• III. 1. Tom to add more sentences to this.

• VI. ICANN org to follow-up with ICANN org legal department on question on “the members of the Standing Committee will select a conveyor at the Annual Meeting to lead the committee, rotating every year.

• VI. NomComRIWG to define somewhere the role of the Convenor, add a footnote

• VIII. Tom to wordsmith text.

Tom Barrett/ NomComRIWG/ ICANN Staff

NomComRIWG to review of all the recommendations to see if we have to adjust any dates or metrics for the year-end report.

ICANN org to add metrics from the detailed implementation plan to the Progress and Implementation status report

Rec. 10: NomComRIWG to review narrative and make sure it explains why doing a holistic review prior to this bylaw update is not the right approach

Recs. 11, 12: NomComRIWG to prepare questions for two future calls – one with Göran, one with Finance Department.

Bylaws update: Section 8.3: NomComRIWG to include transition article (section 27 of the Bylaws) as part of the redline they give to the OEC.

Plan an outreach effort to the community for January 2021, including recommendation 27.

Rec. 15: ICANN org/NomCom Support Staff to specifically reach out to ALAC, ccNSO, to help on building a job description. 

Rec. 15: Jay Sudowski to take the lead on seeing whether GNSO could provide an outline 

Rec. 11: NomCom Support Staff reach out and find out who are the appropriate parties that the NomCom should contact or address your communication to, to schedule a meeting. Potentially identify whether they would be happy to participate in one of the upcoming plenary calls. 

ICANN org to submit draft of the second progress and implementation progress report by December 1 , incorporating today’s updates on completion dates

Update all dates to 2021 throughout the document

Rec. 21 – 26 – update dates to 2021

Rec. 20 – update dates to 2021

Rec. 19 – create link for timeline for group to access offline

Rec. 18 – publish detailed timeline – change dates to 2021

Rec. 16 – publish timeline and input for receiving bodies

Rec. 6 – update due dates to Q1 – 2021

ICANN org to submit draft of the second progress and implementation progress report by December 1 , incorporating today’s updates on completion dates

Rec. 12 – change dates to 2021

1. Change first item to Q1 – 2021
2. Quarters stay the same for the rest – change year to 2021

Look at the 3 recommendations (2, 3, and 4) – ICANN Org - provide a suggested list of courses for onboarding, pertinent to the recommendations 2, 3, 4

Invite Legal to provide input on bylaws update and charter for our next meeting

Circulate charter with Legal

Send out letter to GNSO SGs/Cs chairs.

Review and provide input on the draft replies to the IPC, BC, ISPCP, RySG: GDOC [docs.google.com]

Review all the roles and responsibilities listed for the standing committee:  GSHEET [docs.google.com]

Rec. 27: ICANN org to check with Legal whether updating the operating procedures would also mean updating the ICANN Bylaws considering “the Nominating Committee shall adopt such operating procedures as it deems necessary, which shall be published on the website”

Rec. 27: Wordsmith "Should strongly consider" in “ During each NomCom appointment cycle, the NomCom should strongly consider nominating at least one director to the ICANN Board who has no or very limited prior involvement with ICANN and who would have no or very limited chances of being appointed to the Board through any of the SO/AC-appointed seats. The goal of this stipulation is that the NomCom’s goal appoints at least one director each year who brings an outside perspective to ICANN and who provides loyalty to ICANN as a whole with limited or no prior loyalty to one or more of ICANN’s SO/ACs.”

Question from Raoul:

“In the NomCom review assessment report that was published in 2018, it says that "traditionally the GAC has not appointed a person to the NomCom. A GAC working group is currently evaluating if, and how, the GAC can participate in the NomCom."

RIWG will next meet on 4 November, putting a pause on October meetings due to ICANN72

The NomComRIWG considered its extensive efforts toward Rec. 10, noting that their proposed solution provided a streamlined approach as compared to a more fundamental restructuring of the NomCom. Recognizing that the GNSO continues to express strong opposition to the NomComRIWG proposal, rather considering a more fundamental assessment of the NomCom as more appropriate, the NomComRIWG plans to withdraw its proposed Bylaws changes on Rec.10 rebalancing. This will help progress the package of proposed Bylaws changes and other important implementation work.

Rec. 23 is complete, noting the future role for the Standing Committee

Recommendation 12 (budget and staffing resources) is considered complete, noting the role outlined in the Standing Committee charter to represent NomCom interests and resource needs in the annual planning and budgeting cycle, in addition to the NomCom, which can also weigh in on planning and budgeting.

Recommendation 11 (staff reporting) is considered complete, noting that NomCom support staff report to the Office of the CEO (per the meeting with ICANN’s CEO).

Rec. 1: Job Description. Working group agreed with NomCom Support Staff suggested approach:

1. This year | Current Bylaws: Modify the draft NomCom job description to reflect the current Bylaws - NomCom Operations Team to distribute and be able to implement this recommendation this year.
2. Going forward | Revised Bylaws: Revise the NomCom job description when the Bylaws have been revised - NomCom Operations Team to implement going forward