This Public Comment proceeding was scheduled to remain open from 17 April through 29 May 2023. The Public Comment proceeding was extended to 12 June 2023 in response to multiple requests for additional time to submit input.
Thirteen (13) submissions addressing the Bylaws amendments and documents to implement the NomCom2 Review were received. ICANN org will review the input received and will in turn inform the ICANN Board on the conclusions of this Public Comment, and will address any necessary updates to the proposed Bylaws amendments and documents.
What We Received Input On
ICANN is seeking Public Comment on a group of related documents that are all part of the implementation of recommendations from the NomCom2 Review. The ICANN Board initiated Bylaws amendment processes over these proposed updates to the Bylaws, that are necessary to complete the implementation.
The proposed amendments would:
- Require that three of the NomCom’s eight selections to the ICANN Board of Directors meet a new qualification requirement of being “Unaffiliated” (Article 7 of the Bylaws).
- Change NomCom delegates’ terms to serve two-year terms, instead of one year (Article 8).
- Transform all NomCom delegates into voting delegates, except for leadership (Article 8).
- Create a NomCom Standing Committee to provide continuity across annual NomCom cycles and to build the institutional memory of the NomCom, since the NomCom itself operates on a tight timeline and needs to focus on its recruiting and evaluation activities. (Article 8).
- Define how these new requirements will be transitioned into practice (Article 27).
A proposed amendment to Article 12 of the ICANN Bylaws is also presented at the request of the Root Server System Advisory Committee (RSSAC). The RSSAC requests that if its appointed delegate becomes a voting member through this process, that the ICANN Board’s role in appointment of RSSAC membership and leadership be removed.
There are additional proposed documents that are necessary to view in order to give context to the proposed Bylaws amendments:
- First, the proposed amendments to Article 7 reference a new standard for “Unaffiliated” Directors, and the NomCom2 Review Implementation Working Group’s (NomComRIWG) proposed statement defining that standard is provided for Public Comment.
- Second, the NomComRIWG also produced a draft Charter for the NomCom Standing Committee referenced in the proposed Bylaws. That document is also available for Public Comment.
The ICANN Board will have to approve each of these documents in order for them to go into force, and future amendments of each will be subject to Public Comment and Board approval. Because of the dependency between these documents and the related Bylaws amendments, the documents will be considered by the Board alongside the proposed Bylaws amendments.
The following questions are designed to aid in the drafting of submissions to this Public Comment proceeding. Please provide input on the proposed amendments to the ICANN Bylaws, the proposed NomCom Standing Committee Charter, and the proposed statement defining “Unaffiliated” Directors:
- Do you have input on the Fundamental Bylaws amendment proposed for Article 7 of the ICANN Bylaws and the related proposed statement defining “Unaffiliated” Directors?
- Do you have input on the proposed Standard Bylaws amendments proposed to Article 8 of the ICANN Bylaws as well as the Transition Clause proposed for Article 27? These would:
- Change NomCom delegates’ terms to serve two-year terms, instead of one year.
- Transform all NomCom delegates into voting delegates to be able to vote, except for leadership.
- Create a NomCom Standing Committee to provide continuity across annual NomCom cycles and to build the institutional memory of the NomCom.
- Do you have input on the NomCom Standing Committee Charter?
- Do you have input on the requested changes to Article 12 related to the RSSAC?
28 April 2023 Update
Section 8.2.(e) on p. 4 of the proposed ICANN Bylaws Amendments removed the redline change to include the original text regarding the number of delegates from each GNSO constituency, (i)-(vi). The correction reflects the withdrawn NomComRIWG rebalancing proposal (resulting from Recommendation 10).
|Proposals For Your Input
The NomCom2 Review concluded in 2018 with the publication of the Independent Examiner’s Final Report, after the related Public Comment proceeding. The NomComRIWG drafted a detailed implementation plan for NomCom2 Review recommendations, which was accepted by the ICANN Board in 2019. The NomComRIWG submitted regular implementation status reports to the ICANN Board via the Organizational Effectiveness Committee (OEC), including its final implementation report in 2022.
The NomComRIWG concluded its role in implementation efforts on all 27 recommendations, as noted in its final implementation report in 2022. Having reviewed relevant documents, the ICANN Board directed ICANN organization (org) to initiate both a Standard and Fundamental ICANN Bylaws Amendment Process, which includes initiation of a Public Comment proceeding over the proposed amendments. On 16 March 2023, the ICANN Board also accepted the final implementation report of the NomComRIWG.
The proposed amendments to the ICANN Bylaws are included in the Proposals for Your Input section of this Public Comment proceeding, and are related to the following NomCom2 Review recommendations:
- Two-year terms (recommendation 7): “NomCom members, except for leadership positions, should serve two-year terms, and be limited to a maximum of two terms.”
- All voting members (recommendation 9): “All NomCom members should be fully participating and voting members, except for NomCom leadership.”
- Standing Committee (recommendation 24): “An empowered body of current and former NomCom members should be formed to ensure greater continuity across NomComs, and in particular, to recommend and assist in implementing improvements to NomCom operations.”
- Unaffiliated Board Directors (recommendation 27): “Provide clarity on desire for independent directors and designate three specific seats for ‘Unaffiliated’ Directors.”
The proposed Bylaws amendments and documents submitted for Public Comment are the result of the work of the NomComRIWG to implement the NomCom2 Review recommendations. The NomComRIWG convened over 100 meetings, including 60 to develop the proposed Bylaws amendments and documents for NomCom2 Review implementation. As part of its development of these proposals, the NomComRIWG regularly conducted outreach to the ICANN community and the OEC, including nine community webinars and regular implementation status reports. This Public Comment proceeding provides the community with an opportunity for input on these proposed Bylaws amendments and documents for implementation.