Minutes | Organizational Effectiveness Committee (OEC) Meeting
OEC Attendees: Khaled Koubaa - Chair, Avri Doria, Danko Jevtovic, Lito Ibarra and Leon Sanchez
Executive and Staff Attendees: Franco Carrasco, Samantha Eisner, Negar Farzinnia, Larisa Gurnick, Vinciane Koenigsfeld, Lars Hoffmann, Cyrus Namazi, Wendy Profit, Laena Rahim, Benedetta Rossi, Lisa Saulino, Theresa Swinehart and Mary Wong
The following is a summary of discussions, decisions, and actions identified:
- Agenda – The Chair established the agenda for the meeting and gave an overview of the items to be discussed.
Proposed OEC Charter Modifications - Oversight over IANA Naming Functions Review – The OEC continued its discussion on the proposed amendment of the OEC Charter, to include the OEC's oversight of the IANA Naming Function Reviews. Section 18 of the ICANN Bylaws require that the Board "cause periodic and/or special reviews (each such review, an "IFR") of PTI's performance of the IANA naming function against the contractual requirements set forth in the IANA Naming Function Contract and the IANA Naming Function SOW to be carried out by an IANA Function Review Team ("IFRT")." The OEC had previously agreed that the OEC Charter would be revised to include its oversight of the IFRs.
ICANN organization presented to the OEC a proposed draft revision to the OEC Charter to illustrate how the OEC Charter may be expanded to include oversight responsibility for IFR.
Some observations and feedback from the OEC in connection with this topic include:
- The OEC sought clarification as to whether the establishment of an IANA Naming Function Separation Process (SCWG) under Section 19.1 of the ICANN Bylaws would fall under the OEC's expanded oversight role of the IFR. ICANN organization clarified that the creation of a SCWG is a potential outcome arising out of a recommendation from an IFR, and such process will be initiated by the Board under the oversight mechanisms deemed appropriate at such time.
- The OEC noted that while the Accountability and Transparency Review (ATRT) involves a periodic review of ICANN's execution of its commitment to maintain and improve robust mechanisms for accountability and transparency to the community, the OEC's responsibility comprises ongoing review and oversight of Organizational and Specific Reviews.
The OEC concluded its discussion and adopted the OEC Charter modifications to be submitted to the Board Governance Committee (BGC) for its further action.
- ICANN organization to provide the BGC with the proposed charter revision for consideration and further processing.
Registrar Stakeholder Group (RrSG) Proposed Charter Amendment – The OEC continued its discussion on the RrSG proposed charter amendment. The OEC oversees the review of GNSO constituent body charters, which requires the OEC's endorsement and recommendation to the Board.
As part of its Phase II process responsibilities, ICANN organization conducted a review of the document and provided feedback to the RrSG of potential fiscal or liability concerns. While most issues were addressed, ICANN organization identified that there are some potential fiscal or liability concerns that persist.
At this juncture, the RrSG is formally requesting approval from the OEC to open the public comment process. In line with its oversight function, the OEC reviewed all relevant documents, including the legal and fiduciary concerns raised by ICANN organization, the RrSG's response, as well as an additional document outlining the specific provisions that ICANN organization identified as part of its review of potential legal or fiscal concerns.
Given the legal and fiduciary concerns raised by ICANN organization, coupled with the fact that the RrSG has indicated that it intends to move forward with the charter amendments without any further amendment, the OEC agreed that it would be prudent and timely to seek feedback and input from the community, before proceeding with the next steps.
The documents which were circulated to the OEC on 27 November 2018 will be published for public comment. The OEC will receive a report based on the community feedback thirty (30) calendar days after the public comment closes.
- ICANN organization to post the proposed Registrar Stakeholder Group proposed charter amendment for public comment along with identification of the fiduciary concerns raised by the ICANN organization, and bring the summary of comments back to the OEC for further consideration.
- Action Item:
The Chair called the meeting to a close.
Published on 14 January 2019