Dear Empowered Community Administration representatives,
In accordance with the timelines and procedures set out in Annex D of the ICANN Bylaws, staff notes that the 21-day Rejection Action Petition Period pertaining to the FY20 Operating Plan and Budget and Updates
to Five Year Operating Plan 2020 that were approved by the Board expired almost two hours ago (at 06.59 UTC). No Rejection Action Petition Notices (as defined in Annex D, Section 2.2(c)(i)) were received by the Empowered Community Administration within the
prescribed timeframe.
As such, under Annex D, Section 2.2(c)(ii), the Rejection Process for the FY20 Operating Plan and Budget and Updates to Five Year Operating Plan 2020 is thus automatically terminated. The next step is for
the Empowered Community Administration to, within twenty-four (24) hours of the expiration of the Rejection Action Petition Period, deliver to the ICANN Secretary a notice certifying that the Rejection Process has been terminated with respect to these particular
Rejection Actions. ICANN will then be obliged to promptly post the Rejection Process Termination Notices on the ICANN website.
Please let staff know if the Empowered Community Administration wishes for staff to draft the requisite Rejection Process Termination Notices for your sign-off, and if you require any other assistance.
Best regards,
Ozan Sahin (on behalf of the staff supporting Empowered Community Administration)
From: ECAdmin <ecadmin-bounces@icann.org> on behalf of Mary Wong <mary.wong@icann.org>
Date: Thursday, May 9, 2019 at 7:07 PM
To: Samantha Eisner <Samantha.Eisner@icann.org>, "Stephen Deerhake @ ASNIC" <sdeerhake@nic.as>
Cc: "katrina@nic.lv" <katrina@nic.lv>, Goran Marby <goran.marby@icann.org>, Cherine Chalaby <cherine.chalaby@board.icann.org>, "ecadmin@icann.org" <ecadmin@icann.org>, "chair@nro.net" <chair@nro.net>
Subject: Re: [ECAdmin] Secretary's Notice to Empowered Community of Board Approval of FY20 Operating Plan and Budget and Secretary's Notice to Empowered Community of Board Approval of Updates to Five Year Operating Plan 2020
Thank you, Stephen and Sam.
Dear Empowered Community Administration representatives,
Under the ICANN Bylaws, delivery of the Board Notices on 8 May: (1)
requires Decisional Participants to “promptly inform their constituents” of the delivery of such notice; and (2)
triggers the 21-day Rejection Action Petition Period, during which (and subject to the procedures and requirements of each Decisional Participant) an individual may submit a petition to any Decisional Participant, seeking to reject the Board action(s).
This 21-day period commenced on 8 May 2019 and will end at 23:59 p.m. Los Angeles time (LA being the location of ICANN's principal office) on 29 May 2019, or
06.59 UTC on 30 May 2019. Please refer to Annex D of the ICANN Bylaws for additional details on the Rejection Process, including all pertinent deadlines and requirements for Rejection Action Petitions:
https://www.icann.org/resources/pages/governance/bylaws-en/#annexD [icann.org]
Please do not hesitate to contact staff if you or your community groups have any questions, or if we may be of further assistance. We will add the relevant information and dates to upcoming issues of the Community
Leadership Digest for your easy reference.
Best regards,
Mary (on behalf of staff supporting the Empowered Community Administration)
From: ECAdmin <ecadmin-bounces@icann.org> on behalf of Samantha Eisner <Samantha.Eisner@icann.org>
Date: Thursday, May 9, 2019 at 00:16
To: "Stephen Deerhake @ ASNIC" <sdeerhake@nic.as>
Cc: "katrina@nic.lv" <katrina@nic.lv>, Goran Marby <goran.marby@icann.org>, "ecadmin@icann.org" <ecadmin@icann.org>, "chair@nro.net" <chair@nro.net>, Cherine Chalaby <cherine.chalaby@board.icann.org>
Subject: Re: [ECAdmin] Secretary's Notice to Empowered Community of Board Approval of FY20 Operating Plan and Budget and Secretary's Notice to Empowered Community of Board Approval of Updates to Five Year Operating Plan 2020
To confirm, the notice provided includes a link to where each of the documents is located. This is the same manner of notice and reference to the adopted documents as has been delivered for each notice period since the Empowered Community
went into effect. If any member of the EC Administration or Decisional Participant requires a PDF of any of the documents, please let us know and we will have those forwarded from the Secretary’s office.
Best regards,
Sam Eisner
Deputy General Counsel, ICANN
Sent from my iPhone
On May 8, 2019, at 6:53 PM, Stephen Deerhake @ ASNIC <sdeerhake@nic.as> wrote:
Greetings Peg,
On behalf of the Empowered Community Administration, I thank you for providing us with the ICANN Corporate Secretary’s formal notification of the recent ICANN Board action with respect to their adoption of the FY20 Operating Plan and Budget and their adoption of the Updates to the Five Year Operating Plan 2020, thus initiating a Rejection Action Petition Period per Annex D, Section2.2(a) of the ICANN Bylaws.
However, on behalf of the Empowered Community Administration, I also note that this formal notification from the ICANN Secretary is deficient with respect to ICANN’s obligations under Section 22.4(a)(v) of the ICANN Bylaws, which require that “…the Secretary shall provide a Board Notice to the EC Administration and the Decisional Participants , which Board Notice shall enclose a copy of the Operating Plan that is the subject of the Operating Plan Approval.” (https://www.icann.org/resources/pages/governance/bylaws-en/#article22 [icann.org]).
For the record, the Empowered Community Administration was NOT provided in the notification email to which I am responding with a “…copy of the Operating Plan that is the subject of the Operating Plan Approval”, as specified under Section 22.4(a)(v) of the ICANN Bylaws.
Also for the record, and again on behalf of the Empowered Community Administration, this will not be a hinderance to our acceptance of the formal notification with regards to the ICANN Board’s adoption of the FY20 Operating Plan and Budget, as well as their adoption of the Updates to the Five Year Operating Plan 2020.
However, going forward, the Empowered Community Administration expects that ICANN will fully comply with their obligations with respect to Empowered Community Administration notification as expressed in Section 22.4(a)(v) of the ICANN Bylaws.
Best Regards,
Stephen Deehake
ccNSO representative to the Empowered Community Administration
From: ECAdmin <ecadmin-bounces@icann.org> on behalf of Peg Rettino <peg.rettino@icann.org>
Date: Wednesday, May 8, 2019 at 17:46
To: "ecadmin@icann.org" <ecadmin@icann.org>, "chair@nro.net" <chair@nro.net>, Maureen Hilyard <maureen.hilyard@gmail.com>, "katrina@nic.lv" <katrina@nic.lv>, "Drazek, Keith" <kdrazek@verisign.com>, Manal Ismail <manal@tra.gov.eg>
Cc: Goran Marby <goran.marby@icann.org>, Cherine Chalaby <cherine.chalaby@board.icann.org>
Subject: [ECAdmin] Secretary's Notice to Empowered Community of Board Approval of FY20 Operating Plan and Budget and Secretary's Notice to Empowered Community of Board Approval of Updates to Five Year Operating Plan 2020
Greetings,
Attached please find the Secretary’s Notice of Board Approval of FY20 Operating Plan and Budget and Secretary’s Notice of Board Approval of Updates to Five Year Operating Plan 2020 sent on behalf of John Jeffrey.
Best,
Peg
--
Peg Rettino
Project Specialist & Executive Assistant to John Jeffrey
General Counsel and Secretary
ICANN
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Skype: peg.rettino
Direct: 310-301-3868
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