Board Governance Committee (BGC) Meeting Minutes 23 October 2014

BGC Attendees: Cherine Chalaby, Mike Silber, Erika Mann, Suzanne Woolf, Gonzalo Navarro, Bruce Tonkin, and Chris Disspain – Chair

Executive and Staff Attendees: John Jeffrey (General Counsel and Secretary), Megan Bishop (Board Support Coordinator), and Amy Stathos (Deputy General Counsel)

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

  1. Minutes – The BGC approved the minutes from the meeting on 11 October 2014.

  2. Reconsideration Request 14-40 – Bruce Tonkin abstained from participation in this matter noting potential perception of conflict; Bruce indicated that his employer provided consulting services for UK Creative Ideas Limited which is an applicant for .ART, and, while not material to this particular decision, he would abstain to prevent any perception of bias. Staff briefed the BGC regarding Dadotart, Inc.'s ("Requester's") request seeking reconsideration of the Community Priority Evaluation ("CPE") Panel's Report ("CPE Report"), and ICANN's acceptance of the CPE Report, which found that the Requester did not prevail in the CPE for .ART. On 25 September 2014, the Requester filed Reconsideration Request 14-40 claiming that the CPE Panel failed to comply with established ICANN policies and procedures in rendering the CPE Report. Specifically, the Requester contends that policies or procedures were violated because: (i) the CPE Panel was comprised of two panelists, which the Requester claims was contrary to the "original intent" set forth in the Applicant Guidebook; (ii) the Economic Intelligence Unit ("EIU"), the CPE provider, declined to identify the panelist who rendered the CPE Report; (iii) the CPE Report allegedly demonstrates a lack of objectivity; and (iv) ICANN declined to produce "any communication between itself and EIU" or the results of "test/pilot evaluations" conducted by the EIU with respect to its panels. After discussion and consideration of the Reconsideration Request, the BGC concluded that the Requester has not demonstrated that the EIU, the CPE Panel, or ICANN acted in contravention of established policy or procedure and, therefore, determined that Request 14-40 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 14-40 is final; no consideration by the NGPC is warranted.

  3. BGC 2015 Workplan – Staff provided the BGC with an overview of the 2015 BGC Workplan, including Charter items, additional non-Charter items, and the preliminary schedule of BGC Meetings (both telephonic and in-person). The BGC discussed the schedule of upcoming meetings, the designated tasks, and the timeline for coordination and completion of those tasks. The BGC also discussed the coordination of the term-ending Board member evaluations, as well as Board-level evaluations.

    • Action: Staff to prepare an overview for the BGC of the potential process and cost of the coordination of Board-level evaluation through an online questionnaire and through the use of an independent review firm.

Published on 18 November 2014