[ALAC] ALAC Decision on Fundamental Bylaw Change

[Alan Greenberg]

The ICANN Board has requested Empowered Community approval for a 
change to an ICANN Fundamental Bylaw as documented at 
https://www.icann.org/public-comments/bylaws-bgc-2017-03-31-en.

The change creates a new Board Committee (Board Accountability 
Mechanisms Committee - BAMC) and assigns responsibilities associated 
with ICANN Accountability Mechanisms to it.

Following the Community Forum on the change held during the 
Johannesburg meeting, we have 21 day following the close of the 
meeting during which we may approve or reject the Bylaw change.

For the change to take effect, at least three of the five Empowered 
Community Members (GNSO, ccNSO, ASO, ALAC, GAC) must approve the 
change and no more than one may reject the change.

The ALAC comment said that we would have appreciated more detail in 
the charter (which is pointed to by the link above). The response was 
only that this would be done by the Board in due time. At the 
Community Forum, I made it clear that this answer was not an 
encouraging one. The Board member representing the Board, Chris 
Disspain agreed that the staff reply was not good. That being said, I 
beleive that the Charter that was provided does give sufficient 
information to allow me to feel comfortable in recommending that the 
ALAC approve the Bylaw change.

During discussion in Johannesburg, Sebastien raised the issue of why 
it was essential to make this change now, and not to wait until the 
CCwG Accountability had completed. During the Community Forum in 
Johannesburg, the rational was described in some detail. The core of 
it being that the current committee had a lot on its plate, and the 
Accountability actions were diverting it from its core work. 
Moreover, there is little dependency on other CCWG activities, so 
there is not a lot of linkage. Moreover, although not the reason for 
acting now, but an added benefit is the ability to "test" the 
Empowered Community processes on an issue that is not as onerous as 
some of the powers.

With this message, I am requesting that Staff initiate, a BigPulse 
vote of the ALAC on the motion below. The vote should start as soon 
as possible and must end no later that 12:00 UTC on 20 July 2017.

To pass, in accordance with ALAC RoP 24.1, the motion must receive 
the support of at least 10 ALAC Members.

Motion:

Whereas:

- The ICANN Board has proposed a revision to the ICANN Fundamental Bylaws;
- As prescribed by the ICANN Bylaws on the Empowered Community, the 
revision was discussed at a Community Forum held in Johannesburg on 
26 June 2017

Therefore:

- The ALAC wishes to exercise its power as a Decisional Participant 
in the ICANN Empowered Community by supporting the Fundamental Bylaw 
revision creating the Board Accountability Mechanisms Committee.