Second NomCom Organizational Review

The Second NomCom Organization Review was initiated in 2016 and concluded in 2019, with implementation of improvements continuing throughout 2020.

Background

Article 4.4 of the ICANN Bylaws requires periodic review of all supporting organizations and advisory committees, as well as the Nominating Committee. The bylaws state three objectives for the review:

1. to determine whether that organization, council or committee has a continuing purpose in the ICANN structure;
2. if so, whether any change in structure or operations is desirable to improve its effectiveness; and
3. whether that organization, council or committee is accountable to its constituencies, stakeholder groups, organizations and other stakeholders.

Organizational reviews are conducted by independent examiners, selected through a competitive bidding process. The independent examiner works in consultation with a working group assembled by the board, who will act as implementation shepherds once the final report of the independent examiner is submitted. The review parameters are set by the ICANN Board, and those parameters as well as other avenues of inquiry are typically included in the request for proposals (RFP) for independent examiners. Reviews can take anywhere from three to five years to complete. The full review process includes seven phases, including the implementation of recommendations from the review. Reviews must be conducted at least every five years, measuring from the date that the final report of the previous review was accepted by the ICANN Board. The Nominating Committee is one of the organizations subject to the review requirements of Article 4.4.

The Nominating Committee's structure and operations has been altered or improved through Article 4.4 organizational review, as well as in the context of other review processes, including the 2002 Evolution and Reform Process as well as the ATRT1 and ATRT2 reviews.

Initiation

The 2016 NomCom published a call for volunteers for the review working party (RWP) in September 2016, laying out the timeline for the review and describing desired skills of volunteers and the application process. The working party membership was announced in October.

The original plan was for the RWP to meet for the first time at ICANN 56. However, perhaps because of the relocation of that meeting to Helsinki from Panama City, the meeting was postponed until ICANN 58 in Copenhagen on March 12, 2017. The meeting had intended to include ITEMS International, who had just wrapped up the ALAC2 review, which impacted the NomCom. Unfortunately, ITEMS was presenting to ALAC at the same time. The recommendation in question proposed that members to the ALAC be selected at random from a NomCom-vetted list of nominees. A brief discussion of the recommendation led to a general consensus that there was no need to worry that any such change would be implemented.

In the meantime, the RFP for an independent examiner was posted in January 2017. The RFP received an "above average" number of submissions.

Independent Examiner

In June 2017, the Analysis Group was selected to conduct the independent review.

Methodology

Following the revised guidelines for organizational reviews, the Analysis Group first prepared and presented a report on its assessment of the NomCom, and then incorporated public comment into a final report that included recommendations for improvement. In conducting its assessment, the Analysis Group interviewed over sixty individuals within the ICANN community, both in-person at ICANN 59 and ICANN 60, as well as by telephone. The group audited NomCom meetings at ICANN 60 to observe the NomCom's work in action. They also conducted a community survey that was prepared in association with the RWP. The survey received eighty-five responses. The group also conducted a review of ICANN and NomCom documentation, as well as the NomCom1 review. In its Assessment Report, the reviewers took pains to note that the goal of the interview and survey outreach was to ensure as diverse a set of viewpoints as possible:

It is important to emphasize that our approach to this assessment report, and to the final report, does not require perfect representation across the ICANN community from either those interviewed or those surveyed. We have not, for example, drawn conclusions based principally on the frequency with which we heard a particular opinion during our interviews and through the survey instrument. Rather, the interviews and online survey were methods for gathering diverse perspectives across ICANN with the goal of ensuring we have heard and considered many diverse opinions before making our assessment and our recommendations.

Assessment Report: Findings

Analysis Group provided an executive summary of its findings within two broad categories - people and processes:

• People
  • NomCom members have significant technical and policy-related experience in their fields but have difficulty fully understanding the role of Board members and the skills and attributes needed to be a successful Board member at ICANN.
  • NomCom members have exerted, and continue to exert, tremendous effort and time to the activities of the committee. On average, NomCom members lack substantive recruiting and selection experience for an organization the size and complexity of ICANN.
  • The extent to which NomCom appointees and members are independent and prioritize the interests of the global internet community in their decision-making is an area of concern within ICANN.
• Processes
  • The NomCom is generally seen as performing its role effectively, but there is room to improve the functioning of the NomCom.
  • The NomCom has made progress in increasing the extent to which it preserves policies and procedures from year to year, however, it still “reinvents the wheel” on many process issues and exhibits a lack of continuity.
  • There is a lack of communication between the NomCom and SO/ACs regarding the desired skills and qualities of potential candidates. In addition, the Board and SO/ACs sometimes struggle to reach consensus on what they need and do not have an effective way to communicate to the NomCom if current appointees should be re-appointed.
  • NomCom’s recruiting processes are generally effective, especially in recent years, but there is room for improvement. The NomCom should continue to increase the diversity of the candidate pool.
  • There is a lack of understanding around the role of, and consensus regarding, the effectiveness of the professional recruitment firm OB Brussels.
  • The NomCom’s interactions with candidates has improved significantly over the past five years and is generally viewed positively. However, several candidates expressed negative experiences regarding their interactions.
  • The NomCom does not always evaluate candidates in a consistent manner.
  • The role and effectiveness of the professional evaluation firm, OB Frankfurt, generates some disagreement within the ICANN community.
  • The NomCom has made significant progress in becoming more transparent, but transparency of its processes is still a concern within parts of the ICANN community.
  • Diversity requirements for NomCom appointees are currently appropriate.
  • The NomCom itself is not seen as sufficiently diverse, particularly with respect to gender.
  • The current size of the NomCom is appropriate.
  • There is concern that the NomCom may not accurately represent constituencies (both across organizations and within organizations) and over the role and participation of non-voting members.
  • The NomCom term length of one year, even if often renewed for a second year, may not allow for sufficient learning and engagement of members.
  • The leadership structure of the NomCom generally works well, although the effectiveness of the NomCom depends heavily on the effectiveness of the Chair.
  • The NomCom is highly dependent on ICANN Staff support. There is concern that the NomCom Staff is under-resourced, which has affected the functioning of the NomCom.

These findings were discussed in detail in the body of the report. Of note among the opinions gathered regarding the people who serve on the NomCom was a growing belief that "independence" of both NomCom members and the appointments that the NomCom makes went beyond ICANN's traditional interpretation of "conflict of interest."

Many people viewed the concept of independence as going beyond the requirement that appointees are free from conflicts of interest, which is covered by policies of the bodies to which the NomCom appoints people, and instead encompasses a more general view that the NomCom should appoint people that address issues without strong personal bias in favor of a particular viewpoint even if such a person did not stand to gain from that viewpoint financially... ...A common concern raised by both interviewees and survey respondents was that NomCom members too often voted as blocs based on the organization that sent them to the NomCom or some other common interest. As a result, these people felt that sending delegates to the NomCom was seen as a way for those organizations to advance an agenda instead of appointing people that acted in the best interest of the broader ICANN community.

Other areas of common concern were the diversity of the NomCom and its candidate pools, consistency in decision-making and evaluation of candidates, and improved communication between the NomCom, the ICANN Board, and other ICANN organizations regarding the needs of those groups whose members are selected by the NomCom.

Public Comment on the Assessment Report

Public comment on the assessment report was gathered through a webinar with Analysis Group in mid-January 2018, and an open consultation call in the week following the webinar, as well as written submissions to the RWP listserv. There was initially an additional call scheduled for February 1, just before the close of the public comment period; however, the first call was well attended and provided an opportunity to gather diverse feedback, and the second call was deemed redundant.

The webinar largely focused on an overview of the findings and process of public consultation. The Q&A period generated largely clarifying questions from attendees. One question inquired whether the Analysis Group had done any investigation into alternatives to the NomCom. The reviewers responded that they would certainly consider that in its final report, but that the assessment work involved largely comparing and contrasting the NomCom to similar mechanisms in other organizations. The reviewers stated that, to the extent possible, they examined comparable large, multi-stakeholder, organizations for possible best practices.

The subsequent consultation call generated more comment. The first part of the call was again devoted to a presentation of the findings. Mark Engle from Analysis Group noted that "I think there's a recognition that the committee is doing as well as they can with the experience and skillset that they have." However, Engle noted that there were critical gaps in training and experience that reflected the volunteer nature of the ICANN structure.

The Analysis Group also held a meeting with the ICANN community at ICANN 61 following the close of public comments on the assessment report. The presentation highlighted changes based on public comment, as well as a preview of recommendations to be presented in the final report.