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

Johan Helsingius julf at julf.com
Thu Mar 2 11:17:57 EET 2023


FYI...



-------- Forwarded Message --------
Subject: 	Re: Board Seat 14 Nomination Procedures and Timeline
Date: 	Thu, 2 Mar 2023 10:16:30 +0100
From: 	Johan Helsingius <julf.helsingius at gmail.com>
To: 	Lori Schulman <lschulman at inta.org>
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 Lori,

Thank you for the followup of our informative call.

It was of course disappointing to hear that you didn't
find Matthew a viable candidate, but we understand the
situation.

We really appreciate the effort you have taken in finding
and interviewing suitable candidates, and we will now do
the same. We are very keen to interview all the candidates
(apart from Heather who unfortunately withdrew), and will
also in parallel look for alternative candidates in case
it turns out none of the candidates you interviewed are
acceptable to the NCSG (in which case we will have to follow
the process set down in 2018 and try to come up with a
mutually acceptable candidate.

We also really appreciate the initiative to amend and extend
the procedure, and totally agree that we should properly
document our mutual understanding and agreement rather than
rely on verbal, undocumented discussions that are easy to
misinterpret or misremember.

We will discuss your suggested amendments in our executive and
policy committees and get back to you.

With kind regards,

     Julf Helsingius, NCSG Chair



On 27/02/2023 19:38, Lori Schulman wrote:

> 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 
> 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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