Dear All,

 

As per Alejandra’s request, regarding item 5 in Bart’s email (draft strawman to ICANN legal), please add any comments or suggestions to this google doc.

 

https://docs.google.com/document/d/1lt8m8Mbs8FTYUrtv66Spjjey_p1fjBmabakDTWV7Vbo/edit?usp=sharing

 

Thank you.

 

Best regards,

 

Joke Braeken

joke.braeken@icann.org

 

 

From: Ccnso-council <ccnso-council-bounces@icann.org> on behalf of ccnso-council <ccNSO-Council@icann.org>
Reply to: Bart Boswinkel <bart.boswinkel@icann.org>
Date: Tuesday, 23 August 2022 at 10:28
To: ccnso-council <ccNSO-Council@icann.org>
Subject: [ccnso-council] Decision Timeline NomCom 2023 Selection Process and appointment Joke as Selection Process Manager

 

Dear all,

Please find included for your consideration the decision on call for expression of interest, timeline for selection process and appointment selection process manager

If you have any questions or comments please use the list. Your decision is required by Thursday 25 August 2022, 2359 UTC. As you will see the deadline is fairly tight. Goal is to select Chris’s replacement by the start of ICANN75.

Kind regards,

Bart

 

Decision for call for expression of interest to serve as ccNSP appointed delegate on 2023 Nomcom

 

  1. Chris Disspain, ccNSO Councillor since January 2022, was selected by the Council to serve on NomCom 2023 in April 2022.
  2. ICANN org was informed accordingly.
  3. Chris’s term as Councillor ends in March 2023, at the end of the Council meeting during ICANN76.
  4. It is the understanding of Council that according to ICANN Bylaw Article 8.8, a person who serves on the NomCom may not be selected for the ccNSO Council by the members, while serving on the NomCom.
  5. To ensure the interpretation is correct and to include a provision in the ccNSO internal procedure, post iCANN 75  ICANN legal will be asked to share their opinion on the interpretation on the scope of ICANN Bylaw Article 8.8 ( see below strawman for your consideration)   
  6. To avoid any issues, Chris has stepped down as ccNSO appointed delegate to the 2023 NomCom and the chair of the NomCom, has been informed accordingly.
  7. The 2023 NomCom has not yet been convened. This is expected to take place after closure of ICANN75. All delegates to the NomCom, including the ccNSO appointed delegate are expected to attend the first NomCom meeting.
  8. According to the procedures of the NomCom “Vacancies that may occur in the NomCom may be filled for the remainder of the term by the same means through which the position was initially filled.” (https://www.icann.org/resources/pages/nomcom2021-operating-procedures-2021-02-02-en#vacancies-removal)
  9. The ccNSO Council selects a delegate to the NomCom according to the internal ccNSO procedure: Guideline: ccNSO Appointment Procedures ( https://ccnso.icann.org/sites/default/files/field-attached/guidelines-ccnso-appointees-version-1-procedures-22mar21-en.pdf [ccnso.icann.org])
  10. Accordingly (section 8.8 Vacancy)

For purposes of this procedure, a vacancy shall be deemed to exist in the event of the death, resignation, or removal of a ccNSO Council appointed member. This vacancy shall be filled by the ccNSO Council using the selection procedure as described above (emphasis added). 

  1. The Council discussed the possibility to select the second most preferred candidate, from the 2023 NomCom call for Expression of interest. However, the internal procedure states that a vacancy has to be filled using the general selection procedure. This could be mitigated if – as stated in section 9.2 of the Guideline - the procedure does not provide guidance and/or the impact is unreasonable to conduct the business of the ccNSO. However, the impact of using the procedure would effectively only increase fairness and the acceptability of the result.  
  2. Following section 8.1 of the same ccNSO internal procedure, the Council is expected to  “initiate a process i.e. whenever a position needs to be filled, the ccNSO Council shall appoint a member of the secretariat to manage the process (the Process Manager) and adopt a timeline, which includes the major milestones.

After the process is initiated, the ccNSO Council instructs the ccNSO Secretariat to issue the call for Expression of Interest for membership.”

  1. To fill the vacancy after Chris’s resignation. on the 2023 NomCOm, the ccNSO Council will need to appoint the selection process manager and adopt a timeline and instruct the selection process manager to launch the call for expression of interest.
  2. It is proposed to appoint Joke Braeken as  selection process manager.
  3. The following timeline is suggested: 

 

Pre-alert call for expression of Interest: 24 August 2022  (Secretariat, announcement to include note that Chris stepped down as ccNSO appointed delegate, note on requirements, including expectation that delegate is available during constitutive meeting of 2023 NomCom meeting.

 

    1. Call for expression of Interest: from Friday 26 August  until 2 September 2022
    2. Selection process Councillors: Monday 5- Thursday 8 September 2022
    3. Inform Council of results: Friday 9 September 2022
    4. Formal appointment: email decision 12- 14 September
    5. Inform ICANN Org and Chair of NomCom: 15 September 2022.

 

Decision

The ccNSO Council appoints joke Braeken as selection process manager for the 2nd  selection process 2023 NomCom ccNSO appointed delegate. The ccNSO Council adopts the proposed timeline, starting with the call for expression of interest as the ccNSO appointed delegate on the 2023 NomCom, starting with the call for expression of interest on Friday 26 August 2023.

 

 

 

------------  

Strawman draft letter to ICANN legal

 

Dear John,

 

Recently the ccNSO Council has run into the issue that one of its members was selected to serve on the NomCom and this person’s term on Council would end in March 2023 halfway through the expected term of service on the NomCom. As a result, and to avoid any potential issues when made aware of Article 8.8,  this person stepped down from serving on the NomCom in the hope to be elected as Councillor again by the ccNSO membership.

 

Further, in the past the ccNSO Council has selected a Councillor to serve, however that person’s term did not conclude while serving on the NomCom.

 

Going forward, the ccNSO Council would appreciate your opinion on the scope of Article 8.8 to ensure the ccNSO internal selection procedure will be aligned with the Bylaws again, specifically,

 

Would Article 8.8 preclude the selection of a Councillor to serve on the NomCom? Would it make a difference if this person was selected by the ccNSO members or appointed by NomCom?

 

Would Article  8.8 preclude a person from being selected (nominated and if needed elected) as a ccNSO Councillor by the ccNSO members, while serving on the NomCom?  Would it make a difference if that person was already a Councillor?