Hi everyone, I would like to wrap things up on this if we can. I went through the comments shared on this, and I think/hope the discussion we had on the nuance between present affiliation and past experience was sufficient and consistent with the proposed updates, and we can share the revised job description. If someone feels strongly about this and considerer we are clearly on the wrong track here, please say so, otherwise we’ll share with nomcom on Wednesday COB. Thank you, Regards, Philippe From: council <council-bounces@gnso.icann.org> On Behalf Of philippe.fouquart--- via council Sent: Thursday, September 23, 2021 4:20 PM To: Flip Petillion <fpetillion@petillion.law>; Carlton Samuels <carlton.samuels@gmail.com>; council@gnso.icann.org Cc: gnso-secs@icann.org Subject: Re: [council] Review of the GNSO job description for NomCom Hi Flip, Thanks for reminder about the on-going work within the CCOCI. Here’s a couple of observations. If "this" is the proposed changes (or motivation thereof) to the job description, in my understanding, the remit of the review of the SoIs by the task Force is limited to the data (possibly the rationale for having more/less information in those SoIs) but I don’t think it goes as far as providing guidance on how the data is used, either in general, or specifically like here, to NomCom on how it may use it for a appointment. (so we’re back to the good old distinction bw data & policy) In fact, the current affiliation, which is the underlying element in the proposed changes, is already there anyway. My apologies if I missed the point, unless we are talking about a new CCOICI initiated TF to review the job description. Given the nature of the pilot that’s an entirely different topic, I assume that’s not what you meant. Hope this helps. Regards, Philippe From: Flip Petillion [mailto:fpetillion@petillion.law] Sent: Thursday, September 23, 2021 3:47 PM To: FOUQUART Philippe INNOV/NET <philippe.fouquart@orange.com<mailto:philippe.fouquart@orange.com>>; Carlton Samuels <carlton.samuels@gmail.com<mailto:carlton.samuels@gmail.com>>; council@gnso.icann.org<mailto:council@gnso.icann.org> Cc: gnso-secs@icann.org<mailto:gnso-secs@icann.org> Subject: Re: [council] Review of the GNSO job description for NomCom Thanks Philippe, Why not send this to the CCOICI Task Force on EOI ? Best Flip Flip Petillion fpetillion@petillion.law<mailto:fpetillion@petillion.law> +32484652653 www.petillion.law<http://www.petillion.law> [id:image001.png@01D3691D.DA7539C0]<https://www.petillion.law/> Attorneys – Advocaten – Avocats From: "philippe.fouquart@orange.com<mailto:philippe.fouquart@orange.com>" <philippe.fouquart@orange.com<mailto:philippe.fouquart@orange.com>> Date: Wednesday, 22 September 2021 at 09:34 To: Carlton Samuels <carlton.samuels@gmail.com<mailto:carlton.samuels@gmail.com>>, Flip Petillion <fpetillion@petillion.law<mailto:fpetillion@petillion.law>>, "council@gnso.icann.org<mailto:council@gnso.icann.org>" <council@gnso.icann.org<mailto:council@gnso.icann.org>> Cc: "gnso-secs@icann.org<mailto:gnso-secs@icann.org>" <gnso-secs@icann.org<mailto:gnso-secs@icann.org>> Subject: RE: [council] Review of the GNSO job description for NomCom Dear Flip, Dear Carlton, Dear Tomslin, Thank you all for your feedback. The proposed changes are intended to ensure independence and diversity of the candidates/appointees to the Council. We believe these attributes are more likely to be found in unaffiliated candidates (i.e., people from outside of "the ICANN bubble" or no longer affiliated with an ICANN community group). While affiliation may bring more experiences, it could also result in perceived or actual conflicts of interest. It may also come at the cost of diversity. So it is a balancing act and we certainly expect non-affiliated candidates, if selected by NomCom, will be able to learn and grow during their tenure on the Council. We would probably all agree on the difficulty of finding people totally devoid of any past records of prior work in existing or past structures. Although we appreciate that the corresponding missions are somewhat different, you will see below excerpts from the guidance from ICANN Board and specific requirements from the ccNSO Council, which are much more explicit than our proposed changes: ICANN Board: Guidance from the ICANN Board to the Nominating Committee Regarding Important Skills for Board Members<https://www.icann.org/en/system/files/correspondence/botterman-to-jacobsen-11jan21-en.pdf> "Independence. It is important that the Board has some members who come from outside of the ICANN sector and industry, while having the necessary skills to come up to speed with DNS industry nuances and ICANN-specific issues, and to connect to the community." ccNSO Council: Specific Requirements for the NomCom appointee to the ccNSO Council<https://ccnso.icann.org/sites/default/files/field-attached/nomcom-appointee-specific-requirements-18dec20-en.pdf> "Requirements for NomCom Appointees In order to preserve the balance and diversity of Council, the ccNSO needs the Nominating Committee to refrain from appointing to the Council any persons who are directly or indirectly associated with a ccTLD Manager (whether that Manager is a ccNSO Member or not). For the same reason, the ccNSO needs the Nominating Committee to refrain from appointing a Board Member or employee of a ccTLD Regional Organisation to the Council." Of course, NomCom may not have a list of unaffiliated persons to draw from but we understand it embarks upon a significant outreach effort every year. It also engages a recruitment firm to help search potential candidates outside of ICANN, but in light of others’ requirements, ours would strike a good balance for what’s expected of Council. Finally, we are proposing to delete the wording that "an applicant must act in the larger public interest" because this requirement seems neither realistic nor meaningful, as there is no agreed definition what "the larger public interest" is in the GNSO Council context. In fact, it seems inconsistent with Council's view on the ICANN Board-proposed global public interest framework, see the excerpt below from Council correspondence to ICANN Board https://gnso.icann.org/sites/default/files/file/field-file-attach/drazek-to-.... "In considering the impact of a formalized global public interest framework on the GNSO, we note that the GNSO is a very diverse group with a range of interests and views, which creates an environment for possible disagreement around what an adequate global public interest framework within our PDP working groups, within the Council itself, and on a topic-by-topic basis would be." We hope you find this helpful. Let us know if you still have other questions, would like to propose any further changes or whether you think more discussion on this is warranted. Best regards, Philippe From: council [mailto:council-bounces@gnso.icann.org] On Behalf Of Carlton Samuels via council Sent: Wednesday, September 22, 2021 5:35 AM To: Flip Petillion <fpetillion@petillion.law<mailto:fpetillion@petillion.law>> Cc: gnso-secs@icann.org<mailto:gnso-secs@icann.org>; council@gnso.icann.org<mailto:council@gnso.icann.org> Subject: Re: [council] Review of the GNSO job description for NomCom I wondered about this but focused on the meaning of 'unaffiliated' in context. I took the meaning to be applied as 'being independent and not taking the 'whip' from any other person or group'. I chose to reject an Orwellian interpretation. But at the risk of being accused of special pleading, I cannot see how one can avoid some history in one or other ICANN group/constituency/gathering/special interest and come to Council ready to fully participate. I submit that a neophyte to the ICANN environment would be totally disadvantaged. I do not have a pecuniary interest in names and numbers policy development; no money invested in registry or registrars. Neither do I work for a registry or registrar. But I do have permanent interests. I came to the names and numbers policy development in supporting the public interest; that of the people in my home region on any matter that impinges on the access to and provident use of the Internet for their social and economic development. My antecedents and experience in the At-Large constituency socialized me to the ICANN ways. If you look at the issues surrounding my interests - ICANN in the global IG framework, equitable access to registration data services, privacy, applicant support for expanding opportunities for businesses in the Global South participating in the domain name business - you will find my investments in knowledge and time. Yes, matters pertaining to those issues could and have come before Council; defining charters for WGs; adopting policy recommendations for WGs, even deciding if an issue is worthy of examination. I argue my convictions but will always leave room for constructive alliances to objective. This is the imperative that I should think is the essence of the vaunted multistakeholder framework we say we are severally committed to. I do not take the whip ever. But in an organization whose entire being is based on interests represented - and I'm speaking of the Council - one would be dumber than...well, let's say it would be counterintuitive not to seek allies for advancing those interests consistent with one's objective. Carlton ============================== Carlton A Samuels Mobile: 876-818-1799 Strategy, Process, Governance, Assessment & Turnaround ============================= On Mon, Sep 20, 2021 at 3:07 AM Flip Petillion via council <council@gnso.icann.org<mailto:council@gnso.icann.org>> wrote: All: I am puzzled about the proposed addition ‘preferences will be given to candidates who are not affiliated with a SO/AC or GNSO Stakeholder Group or Constituency’, especially as you propose to delete that an applicant must act in the larger public interest, which is a key goal of ICANN. Can Council Leadership articulate with greater precision and detail the precise nature of their concerns? Also, it seems a rarity to find someone with the appropriate depth of experience within ICANN needed to be effective at Council who is also unaffiliated with any of ICANN’s various groups. Is there a list of such unaffiliated persons from which to draw future nominations? The IPC is not aware of any such list. Isn’t there a risk that appointed candidates with no apparent connection, refrain from playing an active role ? Are we not better served if members show up and actively engage ? Thanks Best Flip Flip Petillion fpetillion@petillion.law<mailto:fpetillion@petillion.law> +32484652653 www.petillion.law<http://www.petillion.law> [id:image001.png@01D3691D.DA7539C0]<https://www.petillion.law/> Attorneys – Advocaten – Avocats From: council <council-bounces@gnso.icann.org<mailto:council-bounces@gnso.icann.org>> on behalf of Olga Cavalli via council <council@gnso.icann.org<mailto:council@gnso.icann.org>> Reply to: Olga Cavalli <olgacavalli@gmail.com<mailto:olgacavalli@gmail.com>> Date: Friday, 17 September 2021 at 22:29 To: Marie Pattullo - AIM <marie.pattullo@aim.be<mailto:marie.pattullo@aim.be>> Cc: "gnso-secs@icann.org<mailto:gnso-secs@icann.org>" <gnso-secs@icann.org<mailto:gnso-secs@icann.org>>, "council@gnso.icann.org<mailto:council@gnso.icann.org>" <council@gnso.icann.org<mailto:council@gnso.icann.org>> Subject: Re: [council] Review of the GNSO job description for NomCom Hi Philippe, I agree with the changes included in the document you shared and also agree with those changes suggested by Marie. Best regards Olga El vie, 17 sept 2021 a las 12:54, Marie Pattullo - AIM via council (<council@gnso.icann.org<mailto:council@gnso.icann.org>>) escribió: Thanks, Philippe. Some very minor suggestions from the BC: Responsibilities ● Attend monthly GNSO Council meetings held remotely. Qualifications ● Willingness, ability, and commitment to travel to and actively participate in ICANN's three Public Meetings per year, or participate virtually, if applicable, as well as attend all monthly remote Council meetings, and serve as a volunteer on the Council throughout the term. (specifying these are calls and do not require travel) Wishing you all a wonderful weekend! Marie From: council <council-bounces@gnso.icann.org<mailto:council-bounces@gnso.icann.org>> On Behalf Of philippe.fouquart--- via council Sent: Monday, 13 September 2021 19:13 To: council@gnso.icann.org<mailto:council@gnso.icann.org> Cc: gnso-secs@icann.org<mailto:gnso-secs@icann.org> Subject: [council] Review of the GNSO job description for NomCom Dear Councilors, Some of you may be aware that in recent years, the GNSO Council is invited on an annual basis to review the job description that the ICANN Nominating Committee uses in order to fulfil its appointments to the GNSO Council. The job description is a critical piece of guidance for the NomCom to ensure that it appoints GNSO Councilors that will succeed in their role. In an effort to try and make the job descriptions consistent across the various community organization, ICANN org made non-substantive updates to the job description structure. Council leadership has used this as the starting point for this review cycle. There is a window of opportunity for such a review, so we would like to use it lest this be deferred to a much later stage. The GNSO Council has made incremental improvements to the criteria each year, and it is with the goal to continually refine the guidance to the NomCom that Council leadership has made suggested redlines in the attached. You will see that the redlines focus primarily on the affiliation of candidates, where leadership believes that preference should be given towards non-affiliated candidates. This is of particular importance when the appointee will serve as a voting Councilor, where the balance of the Council needs to be considered; voting NomCom appointees may be in position to provide deciding votes, so it is important that they act independently. I want to stress that the suggested redlines are absolutely not in reaction to any particular appointees, recent or not, but rather a conclusion reached over the course of several cycles. 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