[ECAdmin] Secretary¹s Notice of Board Approval of FY19 IANA Operating Plan and Budget

Fri Feb 9 17:44:19 UTC 2018

Dear Mary,

Thank you very much for your quick and detailed response! The process is unbelievably complicated but fairly clear!

The thing is, as a non-native English speaker, if I read “Secretary’s Notice of Board Approval of...”, it does not sound much like “Board Notice for a Rejection Action (“Rejection Action Board Notice”)” to me. I almost overlooked this notice because of the wording used to describe it. By now I am well aware that I must react to “Board Notice…” but it turned out I was absolutely unprepared for “Secretary’s Notice” even though I knew that the Board Notices are supposed to be delivered by the Secretary. Many people at the ICANN community are non-native English speakers (even worse – many are non-lawyers). Therefore, I would like to propose that in the future we stick to the terminology used in the Bylaws. A notice saying 1) that it is a Rejection Action Board Notice, 2) it is delivered by the ICANN Secretary, 3) it triggers Rejection Process, 4) would be great to add some highlights as you provided in your email (when one period starts, when it ends, etc.). It would help to avoid any misunderstandings and miscalculations.

Thank you for your understanding!

Kind regards,

]{atrina

From: Mary Wong [mailto:mary.wong at icann.org] 
Sent: Friday, February 09, 2018 7:11 PM
To: Katrina Sataki <katrina at nic.lv>; ecadmin at icann.org
Cc: Goran Marby <goran.marby at icann.org>; 'Cherine Chalaby' <cherine.chalaby at board.icann.org>; David Olive <david.olive at icann.org>
Subject: Re: [ECAdmin] Secretary¹s Notice of Board Approval of FY19 IANA Operating Plan and Budget

Dear Katrina,

Under Section 22.4(b) of the Bylaws, the ICANN Secretary (i.e. John Jeffrey, General Counsel) is required to provide a Board Notice to the Empowered Community Administration and the five Decisional Participants following Board approval of the IANA budget (see https://www.icann.org/resources/pages/governance/bylaws-en/#article22). The notice that was sent was therefore titled “Notice of Board Approval of FY19 IANA Operating Plan and Budget”, and signed by John in his capacity as ICANN Secretary.

As you noted, however, delivery of this Notice of Board Approval launches the Rejection Process set out in Annex D of the Bylaws. The 21-day Rejection Action Petition Period relating to the FY19 IANA Budget and Operating Plan has thus been initiated and will end at 23:59 Pacific time on 1 March 2018 (or 07:59 UTC on 2 March 2018). Should a Decisional Participant in the Empowered Community receive and decide to accept such a petition within this 21-day period, the 8-day period to obtain the support of at least one other Decisional Participant will end at 23:59 Pacific time on 8 March 2018 (or 07:59 UTC on 9 March). 

In the event that a petition is accepted by a Decisional Participant and supported by at least one other Decisional Participant, the Empowered Community Administration may direct ICANN organization to convene a Community Forum on the topic. In this case, the period for any such Community Forum (including any that may be held at ICANN61) will expire at 23:59 Pacific time on 29 March 2018 (or 07:59 UTC on 30 March).

Please note that as this Empowered Community power relates to the IANA Budget and Operating Plan, a  Rejection Action Petition is not valid unless it includes a rationale “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”.

Please see Article 2, Annex D of the ICANN Bylaws for the full details of the Rejection Process: https://www.icann.org/resources/pages/governance/bylaws-en/#annexD.

Finally, staff notes that the Empowered Community Administration webpage and mailing list has been updated to reflect the most recent appointments to the Empowered Community Administration from each Decisional Participant (see https://www.icann.org/resources/pages/ec-administration-2017-05-25-en), and we will post the Secretary’s Notice shortly to the Empowered Community Administration Correspondence web page.

Thank you.

Best regards,

Mary

Mary Wong

Senior Policy Director & Special Adviser for Strategic Policy Planning

Internet Corporation for Assigned Names and Numbers (ICANN)

Email: mary.wong at icann.org <mailto:mary.wong at icann.org>  

Telephone: +1-603-5744889

From: ECAdmin <ecadmin-bounces at icann.org <mailto:ecadmin-bounces at icann.org> > on behalf of Katrina Sataki <katrina at nic.lv <mailto:katrina at nic.lv> >
Date: Friday, February 9, 2018 at 11:29
To: Peg Rettino <peg.rettino at icann.org <mailto:peg.rettino at icann.org> >, "ecadmin at icann.org <mailto:ecadmin at icann.org> " <ecadmin at icann.org <mailto:ecadmin at icann.org> >, "chair at nro.net <mailto:chair at nro.net> " <chair at nro.net <mailto:chair at nro.net> >, "alan.greenberg at mcgill.ca <mailto:alan.greenberg at mcgill.ca> " <alan.greenberg at mcgill.ca <mailto:alan.greenberg at mcgill.ca> >, "haforrestesq at gmail.com <mailto:haforrestesq at gmail.com> " <haforrestesq at gmail.com <mailto:haforrestesq at gmail.com> >, "manal at tra.gov.eg <mailto:manal at tra.gov.eg> " <manal at tra.gov.eg <mailto:manal at tra.gov.eg> >
Cc: Goran Marby <goran.marby at icann.org <mailto:goran.marby at icann.org> >, 'Cherine Chalaby' <cherine.chalaby at board.icann.org <mailto:cherine.chalaby at board.icann.org> >
Subject: Re: [ECAdmin] Secretary¹s Notice of Board Approval of FY19 IANA Operating Plan and Budget

Dear All,

Although this is called Secretary’s Notice of Board Approval of FY19 IANA Operating Plan and Budget it looks to me that this is a Board Notice for a Rejection Action (“Rejection Action Board Notice”) as defined in Section 2.2. (a) of the Annex D of the Bylaws. Am I correct? If yes, could we stick to the terminology used in the Bylaws? Otherwise it might get very confusing. Thank you!

Kind regards,

]{atrina

ccNSO

From: Peg Rettino [mailto:peg.rettino at icann.org] 
Sent: Friday, February 09, 2018 3:22 AM
To: ecadmin at icann.org <mailto:ecadmin at icann.org> ; chair at nro.net <mailto:chair at nro.net> ; alan.greenberg at mcgill.ca <mailto:alan.greenberg at mcgill.ca> ; katrina at nic.lv <mailto:katrina at nic.lv> ; haforrestesq at gmail.com <mailto:haforrestesq at gmail.com> ; manal at tra.gov.eg <mailto:manal at tra.gov.eg> 
Cc: Cherine Chalaby <cherine.chalaby at board.icann.org <mailto:cherine.chalaby at board.icann.org> >; Goran Marby <goran.marby at icann.org <mailto:goran.marby at icann.org> >
Subject: Secretary¹s Notice of Board Approval of FY19 IANA Operating Plan and Budget

Greetings,

Attached please find the Secretary’s Notice of Board Approval of FY19 IANA Operating Plan and Budget 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

peg.rettino at icann.org <mailto:peg.rettino at icann.org> 

Skype: peg.rettino

Direct: 310-301-3868

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