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The AOC in recommendation 9.1 requires an ongoing assessment of various aspects of ICANN transparency.  At the current time no mechanism exists for such an ongoing assessment beyond the periodic ATRT reviews.    Full transparency requires an ability for Employees to safely report irregualties in a safe and reliable manner.  While ICANN has a hotline that is meant to serve the wistleblowing activities, evidence does not indicate that this program has been used effectively.      

 Background research undertaken

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While the Ombudsman’s charter does not currently include employee issues, discussions with the Ombudsman indicated that the current ombudsman sees a role for the office in dealing with such issues.  Not only are the ICANN employees members of the ICANN comunity, but their issues, especially when related to functioning of ICANN in relation to ICANN processes and procedures are relevant to the Ombudsman’s yearly report on the state of stakeholder issues with ICANN.

 Relevant ICANN bylaws

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  • Article V Sections 2,3 Ombudsman charter and Operations

Relevant ICANN published policies

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It is apparent that current processes and procedures are not effective.  Further investigation is necessary.  Several confidential conversations by several members of the ATRT2 confirm reports of:

  • Employees being unwilling for fear of retribution to use the current hotline to report problems
  • Serious accusation of improprieties that have never been made nor vetted and acted upon.
  • A continuing culture of fear in several departments at ICANN.

Draft recommendation

  • Improvement to be made to employee whistle-blowing process to meet the best practices for transparency. 
  • Special attention to be paid to employee protection.
  • Processes for ICANN employee transparency and whistleblowing to be made public
  • ICANN must arrange for a an annual professional review audit of its whistleblower policy to insure that the ICANN program meets the highest standards as established by tbd
    • This report to be made public
    global best practices as established by:
  • Information on whistleblower program to be include in anual Transparency report (Recommendation 35), including:
    • Results of annual whistleblower audit
    • Basic Metrics including
    Processes for ICANN employee transparency and whistleblowing to be made public
    • ICANN should include a yearly transparency report as part of its yearly report.  
    • ICANN Transparency report needs to include a section on Employee whistleblowing activity including metrics on:
      • Reports submitted
      • Reports verified as contaiing issues requiring action
      • Reports that resulted in change to ICANN practices
  • This report should be created under the supervision of  the ICANN Ombudsman.
    • This would require a change to By-laws on the Ombudsman scope

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Public Comment on Draft Recommendations

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