[council] Minutes from the ICANN Board Governance Committee held on 18 Oct

[Bruce Tonkin <Bruce.Tonkin@xxxxxxxxxxxxxxxxxx>]

From:  https://www.icann.org/resources/board-material/minutes-bgc-2016-10-18-en

Minutes | Board Governance Committee (BFC) Meeting

18 Oct 2016


BGC Attendees: Rinalia Abdul Rahim, Cherine Chalaby, Chris Disspain (Chair), 
and Bruce Tonkin 

BGC Member Apologies: Erika Mann, Mike Silber, and Suzanne Woolf

Other Board member Attendees: Steve Crocker, and Göran Marby

ICANN Executive and Staff Attendees: Akram Atallah (President, Global Domains 
Division), Michelle Bright (Board Operations Content Manager), John Jeffrey 
(General Counsel and Secretary), Melissa King (VP, Board Operations), Vinciane 
Koenigsfeld (Board Operations Content Manager), Wendy Profit (Board Operations 
Specialist), Amy Stathos (Deputy General Counsel), and Christine Willett (VP of 
gTLD Operations)


The following is a summary of discussions, actions taken, and actions 
identified:

1. Consideration of Presentation Request Regarding Reconsideration Request 
16-11 – At the BGC’s request, it was provided an overview of Reconsideration 
Request 16-11 (Request 16-11), which seeks reconsideration of Board Resolutions 
2016.08.09.14 – 2016.08.0-9.15 (determining that cancellation of Hotel 
Top-Level Domain S.a.r.l’s (HTLD’s) application for .HOTEL was not warranted, 
and directing that HTLD’s application for .HOTEL move forward). Request 16-11 
also raises issues relating to alleged discrepancies between the Dot Registry 
IRP Panel Declaration and the Despegar (.HOTEL) IRP Panel Declaration. The BGC 
discussed that the Requesters have asked for the opportunity to make a 
presentation to the BGC regarding the Board Resolutions at issue in Request 
16-11. The BGC noted that previous presentations allowed related to the New 
gTLD Program have been presented by applicants that have failed to prevail in 
Community Priority Evaluation (CPE) and focused on the CPE report at issue. The 
BGC also discussed setting parameters and expectations regarding such 
presentations, both for the presenters and the BGC. The BGC discussed the 
request and agreed to allow the Requesters to make a presentation to the BGC 
regarding Request 16-11. The BGC asked that the Requesters be notified that the 
BGC has accepted their presentation request and explain that the presentation 
should be limited to the claims set forth in Request 16-11 and the 
reconsideration criteria. The BGC also asked for an overview of Request 16-11 
and BGC response options in advance of the presentation, so that the BGC is 
able to review the materials in advance and ask any necessary questions during 
the presentation. 

◾ Actions: 

◾Notify the Requesters that the BGC has accepted their presentation request and 
explain that the presentation should be limited to the claims set forth in 
Request 16-11 and the reconsideration criteria. 
◾Provide the BGC with overview of Request 16-11 and BGC response options in 
advance of the presentation.


2. Next Steps Regarding Review of CPE Results (.GAY, Dot Registry Applications, 
Reconsideration Request Standard) – The BGC discussed potential next steps 
regarding review of certain CPE results. The BGC noted that several 
complainants have alleged that certain of the CPE criteria have been applied 
inconsistently or unfairly across the various CPE reports. In addition, from a 
transparency standpoint, certain complainants have requested production of the 
evidence that the CPE panels used to form their decisions and, in particular, 
the independent research that the panels conducted. In evaluating the pending 
Reconsideration Requests, the BGC discussed ensuring that the results of the 
CPEs currently under review are reported respecting the principle of 
transparency. The BGC decided to request from the CPE provider the materials 
and research relied upon by the CPE panels in making their determinations with 
respect to certain pending CPE reports so that the BGC will be in a position to 
make determinations regarding certain recommendations or pending 
Reconsiderations Requests related to CPE (see 
https://www.icann.org/resources/pages/accountability/reconsideration-en.) 

◾ Action: 

◾Request from the CPE provider the materials and research relied upon by the 
CPE panels in making their determinations with respect to the pending CPE 
reports.


3. Board Committee Activity Reports – The BGC discussed methods for handling 
the Board Committee Activity Reports that are submitted by the Board Committees 
twice per year. The BGC decided to recommend to the Board that the Board 
Committee Activity Reports be publicly posted. 

◾ Action: 

◾Prepare Board paper recommending that the Board Committee Activity Reports be 
publicly posted.


4. Board Member Exit Questionnaire – The BGC discussed methods for handling the 
Board member exit questionnaires and ways in which to use the information 
provided to improve Board work and operations. The BGC decided that, along with 
the exit questionnaires, departing Board members would be informed that their 
responses will be summarized and anonymously submitted to the Board for 
consideration.

5. Committee Slating Update – The Chair provided an update on Committee slating 
and indicated that the questionnaires seeking input from Committee members 
regarding the current Committee Chairs are nearly complete. The information in 
the questionnaires will be summarized and sent to the BGC for consideration in 
recommending a slate of Committee leadership for Board approval. The BGC also 
discussed options for determining Chair recommendations for each of the Board 
Committees, and decided to seek input from the individual Committees regarding 
the Chair recommendations.

6. Any Other Business – The BGC discussed aspects of the Reconsideration 
process under the new Bylaws and whether a separate Board Committee should be 
established to consider Reconsideration Requests. The BGC decided to continue 
the discussion at a later meeting and asked that a report be prepared regarding 
the Reconsideration process under the new Bylaws. 

◾ Action: 

◾Prepare report regarding the Reconsideration process under the new Bylaws for 
BGC’s consideration