On 04/05/2016 07:43, Mathieu Weill wrote:
Dear Colleagues,
As a follow up from the call yesterday, please find below a note from our lawyers regarding one of the points we discussed. This is related to the requirement to provide rationale when initiating a community power escalation process.
*From:*Grapsas, Rebecca *Sent:* Tuesday, May 03, 2016 05:24:00 PM *To:* Gregory, Holly *Subject:* Rationale Requirement in Annex D, Section 2.2(c)(i)(A)
(A) the rationale upon which rejection of the Rejection Action is sought. Where the Rejection Action Petition Notice relates to an ICANN Budget, an IANA Budget, an Operating Plan or a Strategic Plan, the Rejection Action Petition Notice shall not be valid and shall not be accepted by the EC Administration unless the rationale set forth in the Rejection Action Petition Notice is based on one or more significant issues that were specifically raised in the applicable public comment period(s) relating to perceived inconsistencies with the Mission, purpose and role set forth in ICANN’s Articles of Incorporation and Bylaws, the global public interest, the needs of ICANN’s stakeholders, financial stability, or other matter of concern to the community;
So the Empowered Community will not be able to reject the Budget, Operating Plan or Strategic Plan unless per a rationale identified in the Public Comment period for that budget/plan? What if the reason for rejecting the budget/plan is that ICANN failed to hold a public comment period? -- Malcolm Hutty | tel: +44 20 7645 3523 Head of Public Affairs | Read the LINX Public Affairs blog London Internet Exchange | http://publicaffairs.linx.net/ London Internet Exchange Ltd Monument Place, 24 Monument Street, London EC3R 8AJ Company Registered in England No. 3137929 Trinity Court, Trinity Street, Peterborough PE1 1DA