Minutes | Meeting of the Governance Committee of the Board (BGC) | 11 April 2023

BGC Attendees: Becky Burr, Edmon Chung, Sarah Deutsch (Chair), Avri Doria, Danko Jevtović, and Matthew Shears

BGC Member Apologies: León Sánchez

Other Board Member Attendees: Patricio Poblete and Katrina Sataki

ICANN org Attendees: Franco Carrasco (Board Operations Specialist), John Jeffrey (General Counsel and Secretary), Elizabeth Le (Associate General Counsel), Becky Nash (VP, Planning), Amy Stathos (Deputy General Counsel), and Theresa Swinehart (SVP, Global Domains and Strategy)

Invited Guests: Representatives from VU Amsterdam & University of Gothenburg and Leiden University & University of Duisburg-Essen

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

1. ICANN Legitimacy Study Presentation – The Committee received a presentation on the results of an independent research that was performed on how far and on what grounds does multistakeholderism as a model of global governing gain legitimacy. The research aimed to measure the levels of legitimacy beliefs toward ICANN and to identify what generates or limits those beliefs. The study evaluated possible drivers of legitimacy including organizational, procedural, and societal drivers. The consultants noted that additional follow up research relating to some legitimacy perceptions is still ongoing.
2. Agenda review – The Chair reviewed the remaining agenda for the meeting.
3. Discussion re Board Member Peer Evaluation Process – The Committee acknowledged the value in peer evaluations but noted that the process should be reviewed and restructured to allow for constructive feedback and less repetition. The Committee asked that ICANN org consult the third-party provider that administers the evaluations on ways to modify the questionnaires and the methods by which they are responded to for the next evaluation tranche. The BGC also asked ICANN org to evaluate ways to improve the evaluation process in the long term.
   • Actions:
     • ICANN org to consult the third-party provider that administers the evaluations on ways to modify the questionnaires and the methods by which they are responded to for the next evaluation tranche.
     • ICANN org to evaluate ways to improve the evaluation process in the long term.
4. General Discussion re Board Member Conflicts of Interest and New gTLD – The Committee discussed how Board member conflicts of interest related to the New gTLD Program should be managed. The Committee received a briefing on the conflicts management process that was utilized by the Board for the 2012 round. The BGC noted that further discussion is required and agreed to discuss the matter with the full Board.
   • Action: BGC to discuss matter with full Board during April workshop.
5. Discussion re BGC Questionnaire Exercise – The Committee discussed the responses received from the questionnaire that the BGC issued to Board Committees, Working Groups, Caucuses, and Ad-hoc groups regarding key governance issues. The Committee asked ICANN org to follow up reminders to each group regarding related action items.
   
   • Action: ICANN org to follow up reminders to each group regarding related action items.
6. Final Discussion re Outline for the Consideration of Future ccPDP Recommendations – The Chair noted that at the last meeting, the Committee received a briefing from the Board Ad-Hoc Working Group on the ccNSO Retirement Recommendations on a proposed process for handling future ccNSO policy development recommendations. The proposed process tracks the Framework for Establishing Board Working Groups and Caucuses, which was codified by the BGC in 2020 and amended in 2021. The BGC had no concerns with the proposed process being used informally as a template for ccNSO related matters going forward.