Malcolm raises a fair question, but I would apply it more generally. The current bylaw stipulates that the EC can’t reject to the ICANN Budget, an IANA Budget, an Operating Plan or a Strategic Plan except in the specified circumstances. I acknowledge that the listed criteria cover the most likely reasons for a rejection petition and the final clause (“or other matter of concern to the community”) is rather open ended.

 

But on principle I think the EC should be able to reject those budgets and plans for any reason as long as they provide a rationale. If the rationale is weak or caters to the concerns of a small slice of the ICANN community, it won’t receive sufficient support from the EC to pass the threshold. If it passes the EC rejection threshold, then I think that alone would demonstrates that the rationale has merit regardless of its basis and should lead the Board to reconsider.  

 

 

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
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