Board Governance Committee (BGC) Meeting Minutes 4 September 2014

BGC Attendees:  Cherine Chalaby, Olga Madruga-Forti, Chris Disspain, Mike Silber, Ram Mohan, and Bruce Tonkin – Chair

BGC Member Apologies: Ray Plzak

Other Board Member Attendees: Steve Crocker

Executive and Staff Attendees: John Jeffrey (General Counsel and Secretary), Wendy Profit (Board Support Specialist), and Amy Stathos (Deputy General Counsel)

The following is a summary of discussions, actions taken, and actions identified:

  • Minutes – The BGC approved the minutes from the meeting on 22 August 2014.

  • Reconsideration Request 14-36 – Staff briefed the BGC regarding Asia Spa and Wellness Promotion Council's ("Requester's") request for reconsideration of ICANN's denial of the Requester's change request seeking to revise portions of its application for .SPA and to supplement its application with a letter of support from the mayor of the city of Spa, Belgium. On 25 July 2014, the Requester filed Reconsideration Request 14-36, claiming that: (i) ICANN's rationale was "unfounded"; (ii) ICANN violated provisions of the Applicant Guidebook; (iii) ICANN contravened advice of the GAC; and (iv) ICANN failed to consider applicable factors in evaluating the change request. After discussion and consideration of the Request, the BGC concluded that the Requester has not demonstrated that ICANN's denial of the change request violates any Applicant Guidebook provision or any established ICANN policy or procedure and, therefore, determined that Request 14-36 be denied. The Bylaws authorize the BGC to make a final determination on Reconsideration Requests brought regarding staff action or inaction and the BGC concluded that its determination on Request 14-36 is final; no consideration by the NGPC is warranted.

  • Reconsideration Request 14-37 – Ram Mohan abstained from participation in this matter noting conflicts.  Staff briefed the BGC regarding I-Registry Ltd.'s ("Requester's") request seeking reconsideration of the NGPC's 30 July 2014 Resolution (Resolutions 2014.07.30.NG01 – 2014.07.30.NG04) (the "Resolution") adopting the Name Collision Occurrence Management Framework (the "Framework"). On 13 August 2014, the Requester filed Reconsideration Request 14-37 claiming that the NGPC failed to sufficiently involve the public in its decision to adopt the Framework. The Requester further contended that the Framework will lead to confusion amongst registrants, leading to a lower volume of registrations, and thus adversely impact the Requester financially. After discussion and consideration of the Reconsideration Request, the BGC concluded that the Requester has not demonstrated that the NGPC failed to consider any material information or relied on false or inaccurate material information in passing the Resolution. The BGC approved a motion recommending that the NGPC deny Reconsideration Request 14-37.

    • Action: Staff to prepare materials for consideration by the NGPC.

  • Expressions of Interest for Nominating Committee 2015 Leadership – Bruce Tonkin provided a brief overview of the status of the current Expressions of Interest ("EOIs") for 2015 Nominating Committee ("NomCom") Leadership. The BGC will be recommending to the Board a Chair and a Chair-Elect position for the NomCom. In its 24 July 2014 meeting, the BGC decided to seek additional information from each of the interested applicants in order to make determinations regarding candidate interviews, and to allow for the conclusion of a 360-degree review of the 2014 NomCom Leadership before proceeding.  The committee chair noted that the 360-degree review of the 2014 NomCom Leadership has been completed. The BGC reviewed the information provided by the applicants and discussed timing considerations regarding the submission of recommendations for the Chair and Chair-Elect positions. The BGC approved a motion recommending that the current Chair-Elect, Stephane Van Gelder, be appointed as Chair of NomCom, and that the BGC conduct interviews in the coming weeks of a short list of candidates for the Chair-Elect position.

    • Action: Staff to schedule interviews with some candidates for Chair-Elect.

Published on 12 October 2014