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INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS | MINUTES OF SPECIAL MEETING

A meeting of the Transition Board of Directors of the Internet Corporation for Assigned Names and Numbers (ICANN) was held by teleconference on 25 April 2003. The following Directors of the Corporation were present by telephone: Karl Auerbach, Lyman Chapin, Jonathan Cohen, Mouhamet Diop, Masanobu Katoh, Hans Kraaijenbrink, Andy Mueller-Maguhn, Jun Murai, Alejandro Pisanty, Nii Quaynor, Francisco da Silva, Paul Twomey, and Linda S. Wilson. Director Vint Cerf (chairman) joined the call while it was in progress. Also present on the teleconference was Louis Touton, ICANN's Vice-President, Secretary, and General Counsel.

The meeting was called to order by Vice-Chairman Alejandro Pisanty at 11:13 UTC (4:13 am U.S. Pacific Standard Time).

Approval of Minutes

Dr. Pisanty began the meeting with the approval of minutes of the Old Board's meetings in Montevideo, Uruguay, of 10 September 2001; in Bucharest, Romania, of 28 June 2002; and in Amsterdam, the Netherlands, of 15 December 2002; and of the Transition Board's telephone meetings of 29 January, 25 February, 12 March, and 18 March 2003. Draft versions of those minutes had been previously provided to the Board members.

Dr. Wilson moved, with Mr. Cohen's second, that the Board adopt the following resolution:

Resolved [03.59] that the minutes of the meeting of the Board held on 10 September 2001 are hereby approved and adopted by the Board as presented.

The motion carried by a 10-0-3 vote, with Mr. Auerbach, Mr. da Silva, and Dr. Twomey abstaining.

Mr. Kraaijenbrink moved, with Dr. Wilson's second, that the Board adopt the following resolution:

Resolved [03.60] that the minutes of the meeting of the Board held on 28 June 2002 are hereby approved and adopted by the Board as presented.

The motion carried by a 10-0-3 vote, with Mr. Auerbach, Mr. da Silva, and Dr. Twomey abstaining.

At this point, Dr. Cerf joined the meeting. Mr. Kraaijenbrink moved, with Mr. Cohen's second, that the Board adopt the following resolution:

Resolved [03.61] that the minutes of the meeting of the Board held on 15 December 2002 are hereby approved and adopted by the Board as presented.

The motion carried by a 10-0-4 vote, with Mr. Auerbach, Dr. Murai, Mr. da Silva, and Dr. Twomey abstaining.

Dr. Cerf moved, with Mr. da Silva's second, that the Board adopt the following resolution:

Resolved [03.62] that the minutes of the meeting of the Board held on 29 January 2003 are hereby approved and adopted by the Board as presented.

The motion carried by a 13-0-1 vote, with Dr. Twomey abstaining.

Dr. Wilson moved, with Mr. Kraaijenbrink's second, that the Board adopt the following resolution:

Resolved [03.63] that the minutes of the meeting of the Board held on 25 February 2003 are hereby approved and adopted by the Board as presented.

The motion carried by a 13-0-1 vote, with Dr. Twomey abstaining.

Dr. Cerf moved, with Mr. Cohen's second, that the Board adopt the following resolution:

Resolved [03.64] that the minutes of the meeting of the Board held on 12 March 2003 are hereby approved and adopted by the Board as presented.

The motion carried by a 12-0-2 vote, with Mr. Auerbach and Dr. Twomey abstaining.

Dr. Wilson moved, with Mr. da Silva's second, that the Board adopt the following resolution:

Resolved [03.65] that the minutes of the meeting of the Board held on 18 March 2003 are hereby approved and adopted by the Board as presented.

The motion carried by a 13-0-1 vote, with Dr. Twomey abstaining.

At this point in the meeting, Dr. Cerf assumed the role of chair from Dr. Pisanty.

Inter-Registrar Transfers

Dr. Cerf and Mr. Touton noted that the Board at its Rio de Janeiro meeting on 27 March 2003 instructed the President, on behalf of the Board, to notify the chair of the Governmental Advisory Committee (GAC) of the Board's consideration of the policies recommended in the Final Report of the GNSO Transfers Task Force. At the same time, the Board scheduled action on the GNSO Council's recommendation to adopt the recommendations in the Final Report of the GNSO Transfers Task Force at its late-April 2003 telephone meeting.

The GAC chair was informed of the Board's consideration of the recommendations on 30 March 2003. On 23 April 2003, the GAC chair advised the Board to support and implement the GNSO Task Force's recommendations without amendment and urged that the implementation of the recommendations be monitored so that improvements could be made based on experience.

Mr. Mueller-Maguhn moved, with Dr. Wilson's second, that the Board adopt the following resolutions:

Whereas, at its meeting on 20 February 2003, the GNSO Council voted unanimously to accept the Final Report and Recommendations of the GNSO Council's Transfers Task Force and to forward it to the ICANN Board as a consensus-policy recommendation;

Whereas, the report was posted on the ICANN web site on 4 March 2003, with a call for public comment;

Whereas, various public comments were received and considered by the Board;

Whereas, the report was discussed at the ICANN Public Forum session held on Wednesday, 26 March 2003, with public comment received;

Whereas, the Governmental Advisory Committee was notified of the Board's consideration of the GNSO Council's recommendations;

Whereas, the Governmental Advisory has stated that its "Advice to the ICANN Board is to support and implement the GNSO Task Force's recommendations, without amendment";

Resolved [03.66] that the Board adopts the recommendations set forth in the 29 numbered paragraphs within the Final Report and Recommendations of the GNSO Council's Transfers Task Force the under the heading "Consensus Policy Recommendations"; and

Further resolved [03.67] that the President and General Counsel are authorized to take steps to implement those policy recommendations by consulting as appropriate with registry operators, registrars, and other knowledgeable parties and through amendments and notices, as appropriate, pursuant to ICANN’s agreements with gTLD registry operators and registrars.

The motion carried by a 14-0-0 vote.

Nominating Committee Funding

Dr. Wilson reported on her request for the Nominating Committee for funding during the 2002-2003 fiscal year. The Committee has requested US$147,525 in funding for that year. This consists of:

US$ 93,125 A face-to-face Nominating Committee meeting, including estimated costs for travel, lodging, food, meeting room, connectivity and use of some basic equipment.
US$ 4,400 For courier service, long distance telephone, etc.
up to US$ 50,000 For search-consultant assistance

If granted, this request would increase the level of authorized spending for implementation of reform in the 2002-2003 ICANN budget, effectively reducing the amount that would be placed in ICANN's reserves

Dr. Wilson noted that the members of the Nominating Committee in general had never met each other, so that a face-to-face meeting was vital for them to build the working relationships needed to perform their task effectively. The search consultant assistance is needed in view of the very aggressive schedule the Nominating Committee is attempting to meet (completing Board selections by the first week of June).

Mr. Mueller-Maguhn inquired about the levels at which travel reimbursements would be made. Dr. Wilson responded that it is contemplated that the Nominating Committee would follow the same travel reimbursement policies that apply to ICANN Directors.

On behalf of the Finance Committee, Mr. Cohen spoke in support of the request. The Finance Committee recognizes the importance of properly funding the Nominating Committee, particularly in its initial year. ICANN's President, Dr. Twomey, also endorsed the request.

Dr. Wilson moved, with Mr. Cohen's second, that the Board adopt the following resolutions:

Whereas, Article VII of the New Bylaws that came into effect on 15 December 2002 establishes a Nominating Committee to fill positions on ICANN's Board, GNSO Council, and At-Large Advisory Committee;

Whereas, on 20 January 2003 the Board appointed Linda Wilson to be Chair of the Nominating Committee, and since then nearly all delegates and non-voting liaisons have been appointed to the Nominating Committee and the Nominating Committee has begun its work for 2003;

Whereas, the Nominating Committee is striving to make appointments of individuals to the ICANN Board so that the New Board can be seated at the Montreal meeting in June 2003;

Whereas, the Chair of the Nominating Committee has submitted to the President a request for funding to support the 2003 and 2004 Nominating Committee's work;

Whereas, the request for the 2003 Nominating Committee is for funding in a total amount of up to US$147,525, consisting of $93,125 for expenses associated with a face-to-face meeting of the Nominating Committee, US$4,400 for courier service and long-distance telephone (other than teleconference calls, which are already funded by ICANN), and up to US$50,000 for assistance of a search consultant;

Whereas, although it is uncertain whether the above expenses will be incurred in 2002-2003 fiscal year (ending 30 June 2003) or in the 2003-2004 fiscal year, if the Nominating Committee is able to follow its current schedule most of the expenses will be incurred in the 2002-2003 fiscal year;

Whereas, the President has recommended that the Board increase the spending authorized from the 2002-2003 budget for implementation of reform by the amount US$147,525, for the purpose of funding operations of the 2003 Nominating Committee during the 2002-2003 fiscal year;

Whereas, the Finance Committee has reviewed the request and supports the expenditure of funds up to the requested amount for support of the Nominating Committee;

Whereas, the Board is of the view that authorizing the requested funding is important to the successful achievement by the initial Nominating Committee of its important mission;

Resolved [03.68] that the Board increases the level of authorized spending for implementation of reform in the 2002-2003 ICANN budget by US$147,525 to cover funding of the 2003 Nominating Committee;

Further resolved [03.69] that the Nominating Committee Chair's request for funding from future budgets will be considered in the framework of the development of those budgets.

Mr. da Silva noted that the request is a ceiling, and that if spending at a lower-than-authorized level would be effective, there is no requirement that all the funds be spent. In response to Mr. Auerbach's question about whether this level of funding would be recurring, Dr. Wilson stated that subsequent Nominating Committees would have fewer positions to fill and more time to fill them, so that they may have a diminished need for search consultant assistance. Mr. Cohen recommended that the New Board consider in detail the appropriate level of funding for future Nominating Committees, based on the first year's experience.

Dr. Cerf and Mr. Auerbach noted the need for an effective verification process for candidates' qualifications. Mr. Kraaijenbrink stated that the intent in establishing the Nominating Committee was to accord it independence in operation; the Board should set the budgetary envelope and not micromanage the Committee's work.

Mr. Mueller-Maguhn moved to divide the motion into two parts: (a) the request to fund the face-to-face meeting, courier services, and telephone expenses and (b) the request to fund search-consultant assistance. The motion to divide was defeated by a voice vote, with Dr. Wilson abstaining.

A vote was then taken on the resolutions. They were adopted by a 12-0-2 vote, with Mr. Auerbach and Mr. Mueller-Maguhn abstaining.

President's Report

Dr. Twomey gave a report on his first four weeks as ICANN's CEO. He identified the following priorities for his efforts so far: (a) improving day-to-day ICANN operations; (b) completing the reform process; (c) fulfilling the requirements of ICANN's Memorandum of Understanding with the United States Department of Commerce; (d) developing and implementing better defined and more transparent processes in ICANN's work; (e) improving operational efficiency; (f) enhancing ICANN's financial security; and (g) improving dissemination of information to ICANN's stakeholders.

He noted that ICANN has understandably operated as a start-up in the past, and that as ICANN matures it is appropriate to formalize structures and processes. He described plans for improvements to ICANN's financial systems that will allow more refined tracking of expenses due to particular activities. He also reviewed plans for process development and enhancement of the management structure for the staff.

Plans for Further Bylaws Corrections

Mr. Touton described his plans for another round of proposed corrective amendments to the bylaws, to be posted in early May for consideration by the Board at its next telephone meeting. He invited Board members to point out any areas they identify where corrections are needed.

There being no further business, the meeting was adjourned at 12:18 UTC (5:18 am U.S. Pacific Standard Time).

_______________________
Louis Touton
ICANN Secretary

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