[NCSG-EC] Fwd: Board Seat 14 Nomination Procedures and Timeline

Tue Feb 28 08:44:20 EET 2023

So CSG won't support Matthew.

	Julf

-------- Forwarded Message --------
Subject: 	Board Seat 14 Nomination Procedures and Timeline
Date: 	Mon, 27 Feb 2023 18:38:30 +0000
From: 	Lori Schulman <lschulman at inta.org>
To: 	Johan Helsingius <julf.helsingius at gmail.com>
CC: 	Cole, Mason (Perkins Coie) <MCole at perkinscoie.com>, Tim Smith 
<tim.smith at cipa.com>, csg-excomm at ICANN.org <csg-excomm at icann.org>, Mohr, 
Susan <Susan.Mohr at lumen.com>, 'Brian King' <brian.king at clarivate.com>, 
philippe.fouquart at orange.com <philippe.fouquart at orange.com>

Dear Julf,

Thank you for the very productive call.  This is the first of 2 emails 
that I will send confirming our conversation.  The second will focus on 
the “building bridges” aspect of our conversation, NCPH common 
priorities and a proposal for a virtual intersessional sometime between 
April and July of this year.  Below, is the link to the agreed upon 
Board selection process.  This is the formalized document from 2018.  
Also, below is the timeline for Board selection. We did not do 
background checks on the candidates.  I think it makes more sense to 
agree on the nominee and then ask ICANN for the check as it will save 
time and money.

The 2018 procedures do not envision alternating nominating 
responsibilities for each side of our house.  However, my understanding 
is that an informal agreement was made in 2020 to renew Matthew Shears 
based on the agreement that the CSG would be responsible for the 2023 
nominee.  This is because, initially, there was no consensus on renewing 
Matthew.  CSG agreed to the renewal in order to give Matthew a change to 
improve and grow even if we had reservations about his performance.    I 
was not on the CSG ExComm in 2020 so I do not have any direct knowledge 
or emails to this effect.  However, I do remember the issue being 
discussed with the IPC membership at the time.  We agreed that to keep 
in peace in the house, we would give Matthew a second chance. Matthew 
made promises that he did not fulfill and, to his credit, admitted so in 
our interview process this year.  CSG does not support Matthew for 
renewal in 2023.

CSG offers Mark Datysgeld and Damon Ashcraft as an alternate slate of 
candidates for Board Seat 14.  CSG supports both candidates strongly as 
they are proven ICANN leaders and consensus builders.  Both bring 
considerable skills to the table.  Mark is a young entrepreneur, sitting 
GNSO counselor and deeply committed to GNSO policy work.  Mark 
represents the population that ICANN is trying to reach to ensure its 
future.  Damon has had leadership positions on NomCom and has received 
outstanding 360 reviews.  Damon is a natural leader, consensus builder 
and consistent ICANN volunteer.  He is committed to civil society 
engagement through his community volunteering, numerous board positions 
and pro bono work.  Both are excellent options.  We wanted NCSG to have 
a fair choice.  We believe that we are offering one.  We do not wish to 
reach stalemate as that does not serve either side well.

As a point of information, CSG interviewed 5 candidates and asked all of 
them the same questions.  A copy of those questions is attached.  The 
CSG ExCom met on 2 calls to discuss rankings and overall results and 
came to our conclusion as to the proposed slate.  Once that process was 
completed, I reached out to you as Chair of CSG.

The candidates that were in considered in alphabetical order were:

Damon Ashcraft

Mark Datysgeld

Heather Forrest (withdrawn)

Matthew Shears

Christine Willett

In order to improve the process moving forward CSG proposes amending the 
2018 procedure to include a review and nominating process that makes 
more sense for our mutual interests.  Below is a framework which we 
would like to implement for 2026 and moving forward.   It provides for a 
review of the sitting Board 14 member and more balanced process for 
nominations which should minimize stalemate.

_Proposal for selecting a Seat 14 Board Candidate in 2026 and Beyond_

__

This proposal would serve as an Amendment to the 2018 agreement 
referenced here: 
https://gnso.icann.org/sites/default/files/file/field-file-attach/annex-7-ncph-election-procedures-seat-14-24oct19-en.pdf 
<https://gnso.icann.org/sites/default/files/file/field-file-attach/annex-7-ncph-election-procedures-seat-14-24oct19-en.pdf> 
and provide a more fair way of picking candidates including reviewing 
the performance of the incumbent.  We happy to discuss with NCSG as part 
of an intersessional

__

   * Align on selection and performance criteria for the Seat 14 Board
     position.
       o Selection criteria could include background, ICANN experience,
         Board experience, etc.
       o Performance criteria could include regular engagement with the
         CSG and NCSG, understanding of CSG and NCSG priorities, ability
         to advance these priorities while also considering the overall
         priorities of the Board, etc.

   * Conduct annual reviews of the current Seat 14 Board member’s
     performance – provide feedback to the Board member.   The NomCom
     model for performance reviews could be considered or a modification
     thereof.

   * Meet 3 months in advance of 3-year Seat 14 election to reach
     majority/consensus on whether the current Seat 14 Board member’s
     performance supports re-election to a 2^nd or 3^rd term (what is the
     preferred standard – majority or consensus or something else?)
       o When the /consensus/majority/ conclusion is that the current
         Seat 14 Board member /is performing well /based on objective
         criteria, the current member will be the candidate for another
         term unless they are termed out.
       o When the /consensus/majority/ conclusion is that the current
         Seat 14 Board member is /not performing/ and an alternative
         should be selected, then selection of alternative candidates
         will rotate between the CSG and NCSG.  All alternative
         candidates proposed will be interviewed by both the CSG and NCSG
         ex comm.  The CSG and NCSG will nominate a final candidate based
         on a consensus/majority outcome.
   * When Board members are termed out, the selection of proposed
     candidates by either the CSG or NCSG will depend on which group last
     selected a candidate.
   * The Secretariat will keep a record of performance review outcomes
     and the candidate selection “turn” of the CSG and NCSG.
With kind regards,

Lori S. Schulman

Senior Director, Internet Policy

*International Trademark Association (INTA)*

+1-202-704-0408, Skype:  LSSchulman

lschulman at inta.org <mailto:lschulman at inta.org>, www.inta.org 
<blocked::http://www.inta.org>

*From:*Nathalie Peregrine <nathalie.peregrine at icann.org>
*Sent:* Thursday, November 3, 2022 6:17 PM
*To:* Johan Helsingius <julf at Julf.com>; Benjamin Akinmoyeje 
<benakin at gmail.com>; Raoul Plommer <plommer at gmail.com>; 
philippe.fouquart at orange.com; Lori Schulman <lschulman at inta.org>; Cole, 
Mason (Perkins Coie) <MCole at perkinscoie.com>
*Cc:* gnso-secs at icann.org; Brenda Brewer <brenda.brewer at icann.org>; 
Andrea Glandon <andrea.glandon at icann.org>
*Subject:* Board Seat 14 timeline

Dear Non Contracted Party House Chairs,

As per theICANN Bylaws[icann.org] 
<https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Furldefense.proofpoint.com%2Fv2%2Furl%3Fu%3Dhttps-3A__www.icann.org_resources_pages_governance_bylaws-2Den-23VI-2D8.4%26d%3DDwMGaQ%26c%3DFmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM%26r%3DPDd_FX3f4MVgkEIi9GHvVoUhbecsvLhgsyXrxgtbL10DTBs0i1jYiBM_uTSDzgqG%26m%3DvQsdfuD5PAFi7ZqA8J-kf5fBuo9PeoBIsWVsGHh0AkM%26s%3DDVrXZ-Q2n7QzK-zkgttiirdC9ZYNujb8mdeVI0Z8D7I%26e%3D&data=05%7C01%7Clschulman%40inta.org%7C07c74a57b172486d641308dabdbf3d87%7C1b6dad14b17645319562fdf3080f9d47%7C0%7C0%7C638030926325475421%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=MhVT8r%2FUqU6uloIDdoTJHwErkwIhfqIS5uAubLz8O7M%3D&reserved=0>, 
Section 7.8.d. “At least six months before the date specified for the 
commencement of the term as specified in _Section 7.8(a)(iv)_ through 
_Section 7.8(a)(vi)_ above, any Supporting Organization or the At-Large 
Community entitled to nominate a Director for a Seat with a term 
beginning that year shall give the EC Administration (with a copy to the 
Secretary and the Decisional Participants) written notice of its 
nomination of Directors for seats with terms beginning at the conclusion 
of the annual meeting, and the EC Administration shall promptly provide 
the Secretary (with a copy to the Decisional Participants) with written 
notice of the designation of those Directors. All such notices shall be 
posted promptly to the Website.”

With that in mind, staff has prepared a tentative Board Seat 14 election 
timeline below in accordance with the GNSO Operating Procedures 2.4.2. 
Please note this has been produced taking into account maximum duration 
possible for each time slot.*Election results need therefore to be 
communicated _before the _**_29^th March 2023 for the results to be 
confirmed during the April 2023 GNSO Council meeting_. *

*Board seat 14 timeline***

*Deadline:***

*Not Later Than:***

*Activity Commences:***

*Maximum Duration:***

26 December 2022

T – 4 Months

Call for Nominations

1 Month

26 January 2023

T – 3 Months

Candidate Interviews

2 Weeks

15 February 2023

T – 10 Weeks

First Round of Voting

2 Weeks

1 March 2023

T – 8 Weeks

Second Round of Voting (if needed)

2 Weeks

15 March 2023

T – 6 Weeks

Third Round of Voting (if needed)

2 Weeks

29 March 2023

T – 4 Weeks

GNSO Secretariat Reports Election Results

3 Days

20 April 2023

Next Council Meeting

Confirmation of Election

3 Days

26 April 2023

T

_GNSO Chair Notifies Empowered Community Administration with a copy to 
the Secretary of the election results as prescribed by Section 7.25 of 
the ICANN Bylaw
s. 
<https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.icann.org%2Fresources%2Fpages%2Fgovernance%2Fbylaws-en%23article7.25&data=05%7C01%7Clschulman%40inta.org%7C07c74a57b172486d641308dabdbf3d87%7C1b6dad14b17645319562fdf3080f9d47%7C0%7C0%7C638030926325475421%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=%2Bis6vVL1oyggjEzS9JY1pcUI38vqbyiaBvsfl529WpQ%3D&reserved=0>_

3 Days
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