2009-06-26 - President's Strategy Committee's Recommendations on Improving Institutional Confidence

Whereas, the President's Strategy Committee ("PSC") was established in 2006 to advise the President and the Board on strategic issues facing ICANN.

Whereas, during the Midterm Review by the National Telecommunications and Information Administration in February 2008 of the Joint Project Agreement, the PSC was identified by ICANN's Chairman, Peter Dengate Thrush, as the group to facilitate discussions with the community about the issues raised regarding ICANN's planned transition to the private sector.

Whereas, the PSC was asked to outline a plan for developing a transition framework.

Whereas, the PSC conducted several public meetings around the world and ran two online consultations on successive drafts of its documents.

Whereas, the PSC delivered a draft Implementation Plan on Improving Institutional Confidence to the Board at ICANN's Mexico City meeting in March 2009.

Whereas, at the Board meeting on 6 March 2009, the Board thanked the PSC for its work and posted the report for public comment for 60 days.

Whereas, the Board resolution also directed staff to evaluate implementation of the proposals and report its findings to the Board.

Whereas, "Improving Institutional Confidence: The Way Forward," a set of proposed staff implementation recommendations was published on 1 June 2009 <http://www.icann.org/en/announcements/announcement-2-01jun09-en.htm> for community review.

Whereas, a range of community feedback has been received throughout the Sydney ICANN meeting.

Whereas, the Governmental Advisory Committee has proposed a joint Board-GAC working group to initiate a process to consider the role of the GAC within ICANN.

Whereas, the Board has reviewed the recommendations mentioned below from the PSC and considered the public input offered on the recommendations, the consequent staff recommendations and the GAC communiqué of the Sydney meeting.

Resolved (2009.06.26.23), the Board resolves to:

1. Establish a Board-GAC joint working group to review the GAC's role within ICANN and ask this working group to also engage the ICANN community in a fully consultative process on GAC's role within ICANN. ("Improving Institutional Confidence: The Way Forward," Appendix A, Recommendation 1.6) Invite the GAC to nominate a Co-Chair of the joint working group, and request the BGC to nominate five directors, one of whom to serve as Co-Chair, to serve on the joint working group by 31 July 2009.
2. Request the Board-GAC joint working group to consider measures to enhance support of the GAC's work, including interpretation of meetings, translation of documents, extension of travel support for GAC members from the Least Developed Countries, and remote participation at GAC meetings. (1.6.1, 1.6.3)
3. Request the Board-GAC joint working group to propose better ways for governments to be informed about ICANN and for enhanced opportunities for the GAC to meet with the ICANN Board and community. (1.6.2)
4. Approve staff working with the leadership of the SOs and ACs to establish guidance on disclosing and handling conflicts of interest across the SOs and ACs. (1.13.1)
5. Task staff to explore further improvements in coordination and potentially increased cross-participation between SOs and ACs, especially during the issue-identification stage of a new policy initiative. (1.13.4)
6. Task the CEO to develop a staff code of conduct. (1.14.1)
7. Task the staff to develop procedures and guidelines for implementing the practice of producing executive summaries of all substantive, published documents. (2.5.1)
8. Continue progress towards attaining operational management excellence, including in revenue and expense planning and management, strategic and operational planning, and accountability for operational and financial results. (4.3.1, 4.3.2, 4.6, 4.6.1, 4.6.2)

Resolved (2009.06.26.24), that the following proposals, including the possible Bylaws amendments proposed in the "Improving Institutional Confidence: The Way Forward" report, be posted for 60 days for public comment:

• Establishment of a special mechanism for the community to require the Board to re-examine a Board decision, invoked by a two-thirds majority vote of two-thirds of the Councils of all Supporting Organizations and two-thirds of members of all the Advisory Committees.
• Establishment of a new independent review body with powers to review the exercise of decision-making powers of the ICANN Board under three general rubrics of fairness, fidelity and rationality.

The Board encourages active community consideration and comment on these proposals, including by legal experts on judicial review mechanisms and including enhancements of these PSC proposals. Further, the Board directs staff to commission input by independent experts on the proposal for a new independent review body.