Page History
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Sub-Group Members: Cheryl Langdon-Orr, Chuck Gomes, Elise Gerich, Paul Kane, Mary Uduma, Olivier Crepin LeBlond, Xavier Calvez (7)
Apologies: Alan Greenberg
Staff: Brenda Brewer, Grace Abuhamad, Marika Konings, Trang Nguyen,
Please let Brenda know if your name has been left off the list (attendees or apologies).**
Transcript
Recording
The Adobe Connect recording is available here: https://icann.adobeconnect.com/p4sbw3tw1af/
The audio recording is available here:
Proposed Agenda:
- Roll call
- Confirm agenda
- Ensuring multi-year continuity of IANA Services fundingBylaws language proposed by Sidley:
“To maintain ongoing operational excellence and financial stability of the IANA functions (so long as they are performed by ICANN or pursuant to contract with ICANN), ICANN shall be required to plan for and allocate funds sufficient for the future expenses and contingencies reasonably related to the performance of those functions.” Input from Mary:
“I think the wordings of the bylaw language very much captured the DT-O recommendations.
I also think we can give thoughts to making PTI funding a first charge to ICANN's revenue, i.e., a percentage of registration fees (domain name, IP and service charges from IETF) is transferred to PTI operations fund either monthly or quarterly. In addition, a kick off fund from Current ICANN reserve be transferred to PTI operations fund as you thought aloud in your mail. I am assuming the PTI funds account would be independently operated from ICANN funds accounts.
In my understanding, this is the way to go if we are to achieve the stated objectives of financial sustainability of the IANA Function operation.”Other reactions to Sidley language?
Discussion
Possible ideas for multi-year funding
- Ensuring multi-year continuity of IANA Services fundingBylaws language proposed by Sidley:
i. Feedback from Sidley:
ii. Using the reserve fund
- Chuck’s suggestion – Transfer amount of 1-year PTI expenses from ICANN reserve fund to PTI reserve fund
- Other ideas for using reserve fund?
f. Edits to proposed Bylaws language?
g. Next steps4steps
4. Possible DT-O or CWG comments on the Draft FY17 ICANN Operating Plan & Budget
- Note the draft comments sent by Chuck on Sunday, April 3.
- Discuss/edit comments
- Suggested next step: Send the comments to Xavier for short term response before developing comments further.
- Update from Xavier regarding meeting with Elise
- Next steps?
- Update from Xavier regarding his ideas
- Question for discussion: Should vetoing the PTI budget trigger both the PTI Caretaker Budget and the ICANN caretaker budget?
- Next steps?
8. Next meeting: Thursday, 7 April, 20:00 UTC (4 pm EDT, 1 pm PDT)
Notes
1. Roll call -- all in Adobe Connect room
2. Confirm agenda -- confirmed
3. Ensuring multi-year continuity of IANA Services funding
- Review of Bylaws language proposed by Sidley
- Revised Bylaw: To maintain ongoing operational excellence and financial stability of the IANA functions (so long
as they are performed by ICANN or pursuant to contract with ICANN), ICANN shall be required to plan for and
fund sufficiently the future expenses and contingencies to ensure uninterrupted performance of those IANA functions. - In email to Sidley: Is it possible to capture the concept of multi-year funding? language around "allocation of funds" vs "fund"?
Action: Chuck to send email to Client Committee (Greg, Lise, Maarten, Jonathan) to request legal advice.
4. Possible DT-O or CWG comments on the Draft FY17 ICANN Operating Plan & Budget -- Draft comments sent by Chuck on Sunday, April 3.
Action: Chuck to send the comments to Xavier for short term response before developing comments further.
5. Develop a process for development and approval of the IANA Services budget -- tabled for next meeting
6. Developing a Caretaker Budget -- tabled for next meeting
7. AOB
8. Next meeting: Thursday, 7 April, 20:00 UTC (4 pm EDT, 1 pm PDT)
Chat Transcript
Brenda Brewer: (4/5/2016 15:32) Good day all and welcome to DT-O Meeting #13 on Tuesday, 5 April @ 21:00 UTC!
elise.gerich (epg): (16:01) Hi,
elise.gerich (epg): (16:01) apparently I can hear, but cannot speak.. Some may think that is a feature :-) Anyway, I will type when I want to add a comment. Thanks,
Chuck Gomes: (16:02) Hi all.
Chuck Gomes: (16:03) Elise: We could have staff call you if you like.
elise.gerich (epg): (16:03) That would be fine. +1-310-463-1108. Thank you.
Mary Uduma: (16:03) Hi All
Chuck Gomes: (16:04) Thanks Grace.
elise.gerich (epg): (16:04) OK. I can dial in based on the explanation. Thanks.
elise.gerich (epg): (16:04) it is a race condition.......
Brenda Brewer: (16:05) Calling Elise now.
Cheryl Langdon-Orr (CLO): (16:05) Sorry the CCWG will wrap in a moment *I HOPE*
Brenda Brewer: (16:05) I will call you when over Cheryl.
Olivier Crepin-Leblond: (16:06) tell then Chuck said so.
Brenda Brewer: (16:06) Recordings are started! Thanks!
elise.gerich (epg): (16:07) I am in
Grace Abuhamad: (16:07) Great! welcome
Xavier: (16:08) we can see it in your email
Grace Abuhamad: (16:09) Brenda loaded it separately for you!
Grace Abuhamad: (16:09) Thanks Brenda :)
Xavier: (16:18) Chuck, you sound very faint
Paul Kane: (16:19) Sorry I missed the CWG call yesterday
Xavier: (16:20) contracting with ICANN.
elise.gerich (epg): (16:20) IETF and RIRs are contracting with ICANN
Paul Kane: (16:22) Escrow - not necessarily controlled by ICANN - there are Escrow Agents who act/hold
Paul Kane: (16:23) (not that I am advocating an Escrow Agent) ... I think it is better to have seperate bank account with cash under the control of PTI Directors and one external
Olivier Crepin-Leblond: (16:31) great description/summary Chuck!
Paul Kane: (16:38) Financial Accountability differs depending on which model is selected
Xavier: (16:40) I am actually concerned that we can not address the "how" very "quickly" as it is technically loaded question.
Olivier Crepin-Leblond: (16:46) we need to spend some serious time on the safeguarding of the funds.
Olivier Crepin-Leblond: (16:47) The bylaws language at present in fine with 1 of the situations.
Cheryl Langdon-Orr (CLO): (16:47) Agreed
Xavier: (16:47) @OCL agree on spending "serious time" as this is a technically challenging exercise.
Paul Kane: (16:52) any and all afiliate companies associated with ICANN shall be required to prepare a multi-year budget for the stable operation of the affiliate and submit such budget to ICANN to allocate and attribute funds to the affilaite sufficient ......
Olivier Crepin-Leblond: (16:53) Xavier: is you suggestion: "ICANN shall be required to plan for and fund sufficiently for future expenses and contingencies reasonably related to the performance of those functions."
Xavier: (16:55) I like the notion of "uninterrupted [IANA] functions"
Cheryl Langdon-Orr (CLO): (16:57) Works for me Huck as intent for drafters
Olivier Crepin-Leblond: (16:58) I was repeating what Wavier has said
Olivier Crepin-Leblond: (16:58) Grace/Brenda have captured this in the meeing notes
Xavier: (16:58) Yes at OCL,w ith Chuck's addition of "uniterrupted".
Mary Uduma: (16:58) +1 @ Chuck
Paul Kane: (16:59) Thanks Grace
Xavier: (17:00) Agree with Chuck on too much detail. Reference to the multiyear budget into the bylaws is unhelpful.
Cheryl Langdon-Orr (CLO): (17:01) For ByLaw purposes the 1st option works for me Chuck, the budget detailing etc., is really more implementation from My POV
Cheryl Langdon-Orr (CLO): (17:01) That said the term allcate into the 1st option As Paul is now outllining
Xavier: (17:02) fund is stronger in the sense that, whether you allocate or not, you need to cover the expenses.
Paul Kane: (17:07) Exaclty which is why it needs to be in the Bylaws
Olivier Crepin-Leblond: (17:09) We ned to get advice from Sidley & their bankruptcy partners if this language fulfills our goals
Cheryl Langdon-Orr (CLO): (17:10) yes OCL
Xavier: (17:10) @Paul, which is why Chuck and I are suggesting to use "fund" rather than "allocate funds".
Paul Kane: (17:11) Yes ... agree. Thanks Xavier
Grace Abuhamad: (17:11) So, is this text the agreed text? To maintain ongoing operational excellence and financial stability of the IANA functions (so long as they are performed by ICANN or pursuant to contract with ICANN), ICANN shall be required to plan for and fund sufficiently the future expenses and contingencies to ensure uninterrupted performance of those IANA functions.
Paul Kane: (17:12) Grace - I'm happy - would be good to have Sidleys revew. I don't speak Californian
Paul Kane: (17:12) :-)
Grace Abuhamad: (17:12) Thanks Paul
Xavier: (17:13) I find that it is good as suggested.
Paul Kane: (17:13) The only element is missing is the multi-year - so providing that can come it at some point, we have covered the intent that CWG were advocating
Paul Kane: (17:14) (later date)
Xavier: (17:15) and I speak French english.
Cheryl Langdon-Orr (CLO): (17:16) what chance for an Aussie speaker then!
Olivier Crepin-Leblond: (17:16) For the record, I am of the view that Sidley will come back to us and say that as long as a trust, an escrow agent or an irrevocable letter of credit drawn from a reputable bank is not part of the equation, nothing would be safe from creditors in case of an ICANN bankcurptcy. BUT let's get Sidley to give us their view. I plead my incompetence here. :-)
Cheryl Langdon-Orr (CLO): (17:18) I suspect so OCL
Cheryl Langdon-Orr (CLO): (17:18) I would still keep any ByLa language as "light as possibe"
Cheryl Langdon-Orr (CLO): (17:18) leaving the rest to SOPs and IMplementation
Xavier: (17:19) agree with CLO.
Cheryl Langdon-Orr (CLO): (17:20) :-) notsbl Xavier You agreeing with me! :-)
Olivier Crepin-Leblond: (17:20) no objection
Cheryl Langdon-Orr (CLO): (17:22) yes 'tis "kinda important" Chuck
Cheryl Langdon-Orr (CLO): (17:31) THX EVERYONE>>> TALK LATER THIS WEE Bye for now
Xavier: (17:31) Thank you Chuck and everyone.
Paul Kane: (17:31) Thanks - bye
Mary Uduma: (17:31) Bye