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Minutes | Organizational Effectiveness Committee (OEC) Meeting 10 August 2018

OEC Attendees: Khaled Koubaa - Chair, Avri Doria, Lito Ibarra, George Sadowsky, Leon Sanchez and Matthew Shears

Other Board Member Attendee: Cherine Chalaby

Executive and Staff Attendees: Michelle Bright, Xavier Calvez, Franco Carrasco, Aaron Jimenez, Samantha Eisner, Negar Farzinnia, Larisa Gurnick, Lars Hoffmann, Wendy Profit, Theresa Swinehart

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

  1. Agenda – The Chair established the agenda for the meeting and gave an overview of the items to be discussed.
  2. Discussion on the Assessment and Selection of the Independent Examiner for the Second ccNSO Review ("ccNSO2 Review") – ICANN organization provided a brief update on the procurement, selection process and outcomes regarding the selection of the independent examiner in connection with the preparations for the ccNSO2 Review.

    The RFP for an independent examiner was launched in April 2018. The ccNSO2 Review is scheduled to take place from 31 August 2018 to end July 2019. The ccNSO2 Review Working Party (RWP) has been assembled.

    ICANN organization completed its evaluation of the responses to the RFP in July 2018 and requested the OEC to confirm the selection of the finalist to serve as the independent examiner for the ccNSO2 Review. ICANN organization presented an overview of the proposals received, as well as the key selection criteria employed for the evaluation. The selection of the independent examiner adhered to ICANN's procurement process, which includes an independent evaluation of submissions, presentations by the highest scoring proposals, follow-up interviews, and reference checks.

    Pursuant to an in-depth discussion on this topic, and upon reviewing the evaluation process, the OEC affirmed that ICANN organization has adhered to the prescribed procurement process and selection criteria; demonstrated due diligence in the selection of the independent examiner; and took into consideration past experiences and lessons, to conduct the ccNSO2 Review.

    The OEC confirmed the selection of the independent examiner.

    • Action Item:
      • ICANN organization to proceed with the contracting process with the selected independent examiner and thereafter make the necessary announcement.
  3. Update on the Public Comments on Short-Term and Long-Term Options for Streamlining Reviews – ICANN organization provided a brief update on the feedback received from the community for the short-term and long-term options for streamlining Reviews. The timing of Bylaws-mandated Specific and Organizational Reviews resulted in multiple reviews occurring simultaneously, with eleven reviews currently in various stages of work. ICANN community was encouraged to provide additional thoughts and recommendations to make the review schedule more manageable and sustainable, with the aim of improving efficiency and efficacy of Reviews in the future.

    The public comment period on short-term options was open for 78 days, having been extended at the community's request. Eight submissions (seven group comments and one individual comment) addressed the three options presented with regard to the start date for ATRT3. ICANN organization highlighted some observations based on the feedback received, including:

      • The community does not share consensus on when ATRT3 should begin: there is diverse support for all three options, such that no clear choice emerges as having gained community support.
      • The sooner the Board can confirm the timing for ATRT3, the sooner the SO/ACs can proceed with the appointment of ATRT3 and preparations for review: there is community perception that ICANN may be delaying the start date for ATRT3.

    The long-term options, focusing on longer term principles for balancing the work of reviews, was also out for a 78-day public comment period, which generated a total of ten comments (nine group comments and one individual comment). ICANN organization provided a brief overview of the comments received:

    • Organizational and Specific Reviews should be handled separately due to their differences;
    • Effectiveness of Reviews demands considerations beyond timing;
    • For Organizational Reviews, there is general support for reconsidering the objective of Reviews and how they should be conducted in the future; and suggestions to not initiate any new Reviews until a new way forward is defined.
    • For Specific Reviews, there is support for some of the proposed principles enumerated in the long-term options document; Specific Reviews are recognized as the community's tools to assess ICANN organization's accountability and transparency, and any change to the process should include a more in-depth involvement from the community.
    • There is support for prompt adoption of the Operating Standards to provide guidance to Review Teams.

    Next steps and proposed timelines for the short-term and long-term options:

    The OEC discussed and agreed that due to the limited number of public comments received on the short-term and long-term options, the next step is for ICANN organization to draft a consultation paper consolidating the outcomes of the public comment proceedings on short-term and long-term proposals, with the objective of confirming the proposed next steps for addressing the reviews. The proposed consultation paper would enable ICANN organization to ascertain whether the responses received to date are broadly representative of the community's views; and to harmonize the varied responses received.

    Once the consultation paper is drafted, the OEC will review and circulate it to the Board for their information and/or comments. Thereafter, the consultation paper will be posted for public comments for a 30-day period. Relevant dates/milestones might be appropriate to include in the consultation paper (for example, the proposed start date for ATRT3, the timeline for selection of Review Team members, date for Board action to initiate ATRT3, etc.). ICANN organization confirmed that a Board action would be appropriate to initiate ATRT3.

    • Action Item:
      • ICANN organization to prepare and furnish the OEC with a draft consultation paper based on the public comments received for the short-term and long-term proposals approximately two (2) weeks from this meeting (24 August 2018).

The Chair called the meeting to a close.

Published on 12 September 2018