- Category: Board
- Topic: Academic Representation On Nominating Committee
- Board meeting date: 24 June 2011
- Resolution number: 2011.06.24.12, 2011.06.24.13
- URL for Board minutes/resolution: http://www.icann.org/en/minutes/resolutions-24jun11-en.htm#1.10
- Status: Ongoing
Board approves deletion of Bylaws provisions regarding academic representation and directs CEO to ensure that staff monitors and reports on academic representation on nominating committees.
Whereas, Article VII, Section 2.8.c of the ICANN Bylaws requires the Nominating Committee (NomCom) to include a voting member selected by "an entity designated by the Board to represent academic and similar organizations" (a "Selecting Entity").
Whereas, despite attempts to identify a Selecting Entity, the Board has not defined the proper criteria to do so, and instead has made direct recommendations of delegates to represent academia on the NomCom. In addition to the Board-selected delegate, there have consistently been multiple delegates on each NomCom from academia.
Whereas, the Board Governance Committee (BGC) recommended and the Board approved seeking community input on an appropriate process for identifying a Selecting Entity and input was sought from the community. A public comment forum was opened from 30 April 2011 through 30 May 2011 <http://www.icann.org/en/announcements/announcement-30apr11-en.htm>.
Whereas, the BGC has reviewed the public comment received, and determined that no viable process for identifying, selecting or evaluating a Selecting Entity was recommended by the community.
Whereas, because no viable process has been identified, the BGC has recommended that the Board approve the deletion of the relevant Bylaws provision, subject to continued monitoring of academia representation on the NomCom.
Whereas, if the academic sector becomes under-represented on the NomCom in the future, consideration should be given to the creation of a mechanism to ensure that academia has a continuing voice on the NomCom.
Resolved (2011.06.24.12), the Board approves the deletion of Article VII, Section 2.8.c of the Bylaws.
Resolved (2011.06.24.13), the Board directs the CEO to ensure that staff monitors the composition of future NomComs and periodically report to the BGC the staff findings as to academia representation among the NomCom delegates.
- Ensure that staff monitors the composition of future NomComs and periodically report to the BCG the staff findings as to academic representation among the NomCom delegates.
- Responsible entity: CEO
- Due date: None provided
- Completion date: Ongoing
Since the 2002 introduction of the current form of the ICANN Bylaws, there has been a provision for the NomCom to include a voting delegate appointed by "an entity designated by the Board to represent academic and similar organizations" (Selecting Entity). See Article VII, section 2.8.c. The Board has not been successful in identifying such a Selecting Entity; despite a 2003 identification of a Selecting Entity, by 2005, no designees had been identified and the BGC has been making a direct recommendation of a voting NomCom delegate after soliciting nominees. In 2007, the Chair noted that the BGC had not been successful in identifying a Selecting Entity, and in 2010, the Board directed that a process for choosing the Selecting Entity be created through the BGC and proposed to the Board.
After attempting to develop criteria, the BGC determined that community input should be sought. The BGC further recommended that if the community failed to suggest a method for identifying, selecting and evaluating a Selecting Entity then the relevant Bylaws provision should be deleted. A public comment forum was opened, but no viable process for identifying, selecting or evaluating a Selecting Entity was recommended by the community. While one party did make a suggestion of a few entities that could serve as the Selecting Entity, there was no process identified to inform how that selection could be made. Another party suggested staying a decision on the Bylaws provision pending the potential development of an academia constituency, which might be the right group to identify a Selecting Entity. However, there are no pending constituency petitions proposing to form such a group.
The Board has determined that as no process for identifying, selecting or evaluating a Selecting Entity has been identified, the relevant Bylaws provision should be deleted, subject to continued monitoring to ensure there is academia representation on the NomCom. If the academic sector is under-represented in the future, a review of how best to assure academic representation on the NomCom will be initiated.
Deleting this NomCom Bylaws provision will have an extremely minor financial impact on ICANN and will have no impact on the security, stability and resiliency of the domain name system.
Other Related Resolutions
- Resolution 2011.04.21.03, approving public comment period for BCG's efforts to find Selecting Entity to select academic representation on NomCom and Bylaws amendments deleting provisions regarding academic representation, available at: http://www.icann.org/en/minutes/resolutions-21apr11-en.htm#2.4 .
- Other resolutions TBD.
- ICANN Bylaws updated with this amendment deleting the prior Section 2.8c of Article VII regarding the Selecting Entity for academic representation is available at: http://www.icann.org/en/general/bylaws.htm#VII .
- Text of former Bylaws provision 2.8c deleted by this amendment is available at: http://www.icann.org/en/general/archive-bylaws/bylaws-18mar11-en.htm#VII .
- Summary of public comments received in response to this resolution is available at: http://forum.icann.org/lists/academia-nomcom/pdfvGfgDB2rwY.pdf .
- ALAC statement on NomCom Academic Representation is available at: https://community.icann.org/display/alacpolicydev/ALAC+Statement+on+the+Academia+Representation+on+NomCom .
- The resolution does not address funding for the items identified therein.
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