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Reconsideration Committee Recommendation on RR 04-1

[RC 04-1] On Monday, 15 September 2003, Bret Fausett sent a request for reconsideration via e-mail to <reconsider (at) icann.org>* noting that a preliminary report had not yet been posted for a Special Meeting of the Board (by teleconference) that had taken place on 9 September 2003. The request sought the prompt posting of the preliminary report for that meeting, an instruction to the staff "on the importance of complying with the transparency provisions of the bylaws", and that the Board should "consider making the audio of all of its meetings, including teleconferences, promptly available following the close of each meeting."

Under the bylaws provision then in effect, the preliminary report was due to have been posted on Sunday, 14 September 2003 (within five days following the meeting). The preliminary report for that meeting was posted in the afternoon of 15 September 2003 <http://www.icann.org/minutes/prelim-report-09sep03.htm>.

On 23 September 2003, ICANN posted "Proposed Corrections to Bylaws" <http://www.icann.org/legal/proposed-bylaws-corrections-23sep03.htm>. One proposed correction was to grant staff some additional flexibility in the deadline for posting preliminary reports by changing the prescribed time period to be calculated in “business days” rather than “calendar days”. That proposal was approved in Board resolution 03.149, which was adopted by the Board on 13 October 2003 <http://www.icann.org/minutes/prelim-report-13oct03.htm>.

Despite that added flexibility in the deadline for posting preliminary reports, the committee notes the continuing importance of operating "to the maximum extent feasible in an open and transparent manner" <http://www.icann.org/general/bylaws.htm#III>. Subsequent to the modification to the bylaws, external circumstances have caused some continuing difficulty with timely posting of the preliminary reports.

Based on the above, the Reconsideration Committee recommends that if difficulties with posting the preliminary reports continue, the full Board should consider the suggestion to make available audio recordings of all Board meetings. Also, the Committee will forward to the Board a proposed resolution recommending that staff pay all due attention to the Bylaws' transparency provisions, and urging staff to dedicate all necessary resources to ensure compliance with the prescribed timelines.

* Note: This request was reportedly submitted on 15 September 2003, but the original e-mail was lost and has not been located. The Reconsideration Committee decided to accept the text of the reconsideration request as posted at <http://blog.lextext.com/blog/_archives/2003/10/15/4576.html> as RC 04-1. ICANN Staff is investigating the implementation of a web-based form that would improve the ability to verify and track incoming requests for reconsideration.

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