Rod on NomCom

Carlos A. Afonso ca at CAFONSO.CA
Sun Mar 18 18:16:07 CET 2012


Dear people,

I think we (diplomatically, or olympically as we usually say in Brazil,
and probably might be prohibited from doing so by the IOC) ignored this
in our joint NCSG-NomCom meeting (I was there and I am part to blame),
and it seems Icann as a whole ignored this as well.

In short, Rod proposes (and I agree with him) that the entire NomCom
approach be revamped to ensure true independence in nominating occupiers
of Icann posts.

fraternal regards

--c.a.

======================
[part of Rod Beckstrom's speech in the ICANN43 opening ceremony, on
Icann's NomCom]

[...]
A significant threat lies within ICANN's existing structure. Let's
consider the nominating committee as an example. Preserving ICANN's
ability to act independently in the public interest is paramount to the
future of the Internet and this institution.

In view of the need for broad representation within ICANN's governance,
inclusion of industry representatives on the board and in our work
supports the multistakeholder model, our means of ensuring independence.

In the years since ICANN was formed, the number of Internet users has
grown from 146 million to some 2.3 billion today around the world.

The effects have been dramatic, bringing wholesale governance change and
greater transparency to the entire world.

I believe that ICANN, its board, and our community must keep pace with
the growing diversity and expanding scope of the Internet.

We must seize the opportunity to embrace the transparency and good
governance that this precious resource deserves. ICANN must be able to
act for the public good while placing commercial and financial interest
in the appropriate context.

How can it do this if all top leadership is from the very domain name
industry it is supposed to coordinate independently? A more subtle but
related risk is the tangle of conflicting agendas within the board that
would make it more difficult for any CEO to meet the requirements of
this deeply rewarding and sometimes frustrating job.

Progress has been solid since I addressed ethics and conflict issues in
my Singapore opening remarks. Along with greater engagement with the
community, a subcommittee on conflicts and ethics of the Board
Governance Committee was formed to help directors evaluate their
potential conflicts. And as a result, this has increased instances where
potentially conflicted members have left board discussions. I applaud
this change and believe it is time to further tighten up the rules that
have allowed perceived conflicts to exist within the board. This is
necessary not just to be responsive to the growing course of criticism
about ICANN's ethics environment but to ensure the absolute dedication
to the public good always supersedes other priorities.

ICANN has long been blessed with leaders of exceptional technical
expertise. Now, we are poised to consolidate and strengthen our position
among leading world organizations to better serve the global public
interest. To do that, we must broaden the pool from which our leaders
are drawn. I believe this is as true for the board -- board members as
well as for the next CEO. There is value in having
community members with domain name industry experience, but it is
equally valuable to avoid even the perception of a conflict of interest.
It is also important that new and occasionally dissenting voices from
outside this world and this industry be given a shot at a seat at the
table in our boardroom.

And as the Internet's global users become more diverse in their
backgrounds, so too must our board. The Nominating Committee was created
to ensure independence and diversity by balancing industry
representation with genuinely independent directors representing a wide
range of views. Have we lived up to this challenge? I believe candidates
proposed by the NomCom should be fully independent and unconflicted.

To ensure the truly independent selection of directors, it would seem
desirable for NomCom members themselves to also come from outside the
stakeholder groups already represented on our board through the
stakeholder seats. It is my strong view that all members of the NomCom
should be free of conflicts and all directors selected by them should be
independent of the domain name industry. This is a clear and simple
bright line that should be drawn and enforced. To ensure the highest
degree in professionalism and skills, nominees for the board should also
have board-level experience in organizations, whether governments,
business, or the non-profit world that are of comparable size, staffing,
global reach and complexity.

As ICANN grows and changes, the board must also. The board selection
process is not just desirable, I believe it is imperative. Ideally a
fully independent and non-conflicted NomCom should be in place before
the next nomination cycle begins we continue to take steps to strengthen
ICANN's conflict of interest procedures to address these issues.

With the board's strong support, we have engaged a group of highly
respected international experts to advise on reviewing ICANN's code of
conduct. This team consists of German Brooks, Aron Cramer, and Mervin
King, each renowned for his significant contributions in the field of
ethics.

A key challenge for my successor will be to find his or her place in
this environment and to continue the drive to clarify and cast sunlight
on the sometimes murky relationships that exist among the board, staff,
community and industry. I've already shared my views with the selection
committee about the qualities that I feel a new CEO should bring to
ICANN and the challenges that person is likely to face.

I've committed to the board and I commit to you that I will do my utmost
to ensure a smooth and successful transition, including helping my
successor to navigate the complexities of these existing relationships,
if that assistance is requested.

I believe the next CEO must accept that ICANN's place in the world has
fundamentally changed. It is on a higher public stage, engaged at a much
more influential level than at any time in its history.
[...]
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