[NomComRIWG] NomCom Review: Call for Action

[Tom Barrett]

Dear Heather, Wolf-Ulrich, Jennifer, Dean, Barbara, Claudia, Stephanie,
Bruna, Joan, Graeme, and Donna,



*Re: Proposed Bylaws change on NomCom composition; response requested by 30
July 2020.*



As you may recall, the ICANN Board accepted the Independent Examiner’s
NomCom Review Final Report [link
<https://www.icann.org/en/system/files/files/nomcom-review-final-05jun18-en.pdf>]
and the NomCom Review Implementation Working Group’s (NomComRIWG) Detailed
Implementation Plan [link
<https://www.icann.org/resources/board-material/resolutions-2019-11-07-en#2.b>]
in November 2019. The Board directed the NomComRIWG to commence
implementation of the twenty-seven (27) recommendations. As the Chair and
Vice Chairs of the NomCom Review Implementation Working Group (NomComRIWG),
we are contacting you in relation to implementation of Recommendation 10,
which states that: *“[r]epresentation on the NomCom should be re-balanced
immediately and then be reviewed every five years.”*



This recommendation was based on the Independent Examiner’s finding that
the NomCom “*may not accurately represent constituencies (both across
SOs/ACs and within SOs/ACs)*. It entails “*periodically reviewing and
re-balancing the NomCom makeup [to ensure] that it appropriately reflects
the ICANN community, both from a historic and prospective vantage
point”.* Five-year
intervals for such reviews were set by the Independent Examiner *“based on
ICANN’s typical review requirements for organizations, as well as the
Independent Examiner experience with other similar, volunteer-based
organizations*.”[1]



Please note that Recommendation 10 needs to be viewed in the context of
Recommendation 8, which is to *“Maintain the current size of NomCom”*, in
view of the Independent Examiner’s finding that the NomCom’s current
membership size is appropriate.



In our discussion and analysis of these two recommendations, the NomComRIWG
has agreed on a number of points:

   - Considering Recommendation 10 (see above), we are of the view that the
   current allocation of nineteen (19) NomCom seats across the various SO/ACs
   should remain unchanged.
   - *The GNSO has evolved over time. In addition, Bylaws describing GNSO’s
   current allocation do not allow for growth and flexibility.*
   - The NomComRIWG believes that, in relation to rebalancing the GNSO’s
   allocation of 7 seats, it should be the GNSO’s constituencies and
   stakeholder groups that decide how these seats are distributed.
   - NomComRIWG would like to recommend to the Board that the ICANN Bylaws
   be revised to eliminate language referring to specific seats for
   stakeholder groups. With such a Bylaws change, the GNSO could then
   rebalance itself periodically without requiring Bylaw changes.
   - The GNSO should then undertake a rebalancing exercise for its 7 NomCom
   seats.  Possible outcomes, among others, include maintaining the status quo
   or rotating the 7 seats among its constituencies and stakeholder groups.



The NomComRIWG would like to hear from the GNSO’s constituencies and
stakeholder groups whether they support such a Bylaws change. *We have
attached a proposed redline draft*. If you are not supportive, the
NomComRIWG welcomes your explanation and suggestion on an alternative.



To be clear, we are not asking for the GNSO to undertake the actual
rebalancing exercise until the Bylaws changes are approved.



As the NomComRIWG is working on overseeing the implementation of several
recommendations that require amendments to the Bylaws, we would like to
bundle all these into a single Bylaw amendment process. Therefore, we would
value your input on the proposed Bylaw changes *by 30 July 2020*.



If you have any questions or concerns, we will be very pleased to schedule
a call to discuss Recommendation 10 or any other recommendation.



Many thanks and best regards,



Tom Barrett (Chair), Cheryl Langdon-Orr (Vice-Chair), Zahid Jamil-IG
(Vice-Chair)


------------------------------

[1] Independent Review of the ICANN Nominating Committee: *Final Report *(5
June 2018), p25-26,
https://www.icann.org/en/system/files/files/nomcom-review-final-05jun18-en.pdf
.



-- 
Thomas Barrett
President
EnCirca, Inc
+1.781.942.9975 (office)
400 W. Cummings Park, Suite 1725
Woburn, MA 01801 USA
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