[CCWG-ACCT] TR: Rationale Requirement in Annex D, Section 2.2(c)(i)(A)

[Malcolm Hutty]

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?


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            Malcolm Hutty | tel: +44 20 7645 3523
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