2009-09-30 - Bylaws Change For Structural Reviews

  • Category: ICANN Structures
  • Topic: Changed the schedule for review of ICANN Structures from every 3 to every 5 years.
  • Board meeting date: 30 September 2009
  • Resolution number: 2009.09.30.04
  • URL for Board minutes/resolution: http://www.icann.org/en/minutes/prelim-report-30sep09.htm
  • Status: Completed

Summary
The Board agreed that periodic reviews of ICANN's Supporting Organisations and Advisory Committees (except for the Governmental Advisory Committee) would be done no less frequently than every five years, based on feasibility as determined by the Board.  The Governmental Advisory Committee is to provide its own review mechanisms.
 
Text
Whereas, Article IV of ICANN Bylaws, Section 4 rules the organizational review processes in ICANN;

Whereas the Structural Improvements Committee has the duty of 'Reviewing, and suggesting changes as warranted to, ICANN's policies and processes governing organizational review';

Whereas the Structural Improvements Committee, based on lessons learned during the first cycle of organizational reviews of key structures of ICANN, has proposed a new formulation of Article IV of ICANN Bylaws, Section 4, and the Board has directed staff to organize a public comment period on this text;

Whereas the Structural Improvements Committee has accepted a recommendation formulated during the public comment period, suggesting a revision in the original text that better renders its meaning;

Whereas the Structural Improvements Committee recommended to the Board to adopt the following text of Article IV of ICANN Bylaws, Section 4 in replacement of the present one:Section 4. PERIODIC REVIEW OF ICANN STRUCTURE AND OPERATIONS

1. The Board shall 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 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.

These periodic reviews shall be conducted no less frequently than every five years, based on feasibility as determined by the Board. Each five?year cycle will be computed from the moment of the reception by the Board of the final report of the relevant review Working Group.

The results of such reviews shall be posted on the Website for public review and comment, and shall be considered by the Board no later than the second scheduled meeting of the Board after such results have been posted for 30 days. The consideration by the Board includes the ability to revise the structure or operation of the parts of ICANN being reviewed by a two?thirds vote of all members of the Board.

2. The Governmental Advisory Committee shall provide its own review mechanisms.

Resolved (2009.09.30.04) that the Article IV of ICANN Bylaws, Section 4 is modified as recommended by the Structural Improvements Committee.

Implementation Actions

  • Revise Bylaws to include amended text
    • Responsible entity: ICANN Office of the General Counsel
    • Due date: None specified
    • Completion date: 30 September 2009

Other Related Resolutions

Additional Information

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