Empowered Community Overview of Procedures | XX March 2017
Agenda 2 1 Overview Appendix • Empowered Community • Procedures for Approval (EC) Actions • EC Administration • Procedures for Rejection Actions • Decisional Participants • Procedures for Director Removal and Board Recall • Procedures for Mediation, Community IRP and Reconsideration Requests | 2
Overview • Empowered Community (EC) • EC Administration • Decisional Participants
EC, EC Administration, and Decisional Participants Empowered Community (“EC”) ALAC ASO ccNSO GAC GNSO Decisional Decisional Decisional Decisional Decisional Participant Participant Participant Participant Participant Empowered Community Administration ALAC’s EC ASO’s EC ccNSO’s EC GAC’s EC GNSO’s Admin Rep Admin Rep Admin Rep Admin EC Admin Rep Rep | 4
Overview of EC and EC Administration Empowered Community (“EC”) The EC is a nonprofit association consisting of the ALAC ASO ccNSO GAC GNSO ICANN ALAC, ASO, ccNSO, GAC, and GNSO— each a Decisional Decisional Decisional Decisional Decisional Decisional Participant. The five Participant Participant Participant Participant Participant Decisional Participants together comprise the EC. The EC’s sole purpose is to exercise its rights and Empowered Community Administration perform its obligations under the ICANN Bylaws. ALAC’s EC ASO’s EC ccNSO’s EC GAC’s EC GNSO’s Admin Rep Admin Rep Admin Rep Admin EC Admin Rep Rep | 5
Overview of EC and EC Administration Empowered Community (“EC”) Under the Bylaws, the EC has the following powers and rights: ALAC ASO ccNSO GAC GNSO • Appoint and remove Directors • Recall the entire Board • Reject ICANN and IANA budgets, and ICANN operating Decisional Decisional Decisional Decisional Decisional and strategic plans Participant Participant Participant Participant Participant • Reject standard Bylaw amendments • Approve fundamental Bylaw and Articles amendments, and asset sales • Reject PTI governance actions Empowered Community Administration • Require the ICANN Board to review its rejection of IFR, special IFR, SCWG creation, and SCWG recommendation decisions • Initiate community reconsideration request, mediation, or IRP ALAC’s EC ASO’s EC ccNSO’s EC GAC’s EC GNSO’s • Enforce its powers and rights Admin Rep Admin Rep Admin Rep Admin EC Admin in court Rep Rep | 6
Overview of EC and EC Administration Empowered Community (“EC”) Each Decisional Participant shall adopt procedures for ALAC ASO ccNSO GAC GNSO exercising the rights of the individual Decisional Participant. Decisional Decisional Decisional Decisional Decisional Participant Participant Participant Participant Participant Empowered Community Administration ALAC’s EC ASO’s EC ccNSO’s EC GAC’s EC GNSO’s Admin Rep Admin Rep Admin Rep Admin EC Admin Rep Rep | 7
Overview of EC and EC Administration Empowered Community (“EC”) The EC Administration is the administrative body ALAC ASO ccNSO GAC GNSO through which the Decisional Participants act collectively. Decisional Decisional Decisional Decisional Decisional Participant Participant Participant Participant Participant Empowered Community Administration ALAC’s EC ASO’s EC ccNSO’s EC GAC’s EC GNSO’s Admin Rep Admin Rep Admin Rep Admin EC Admin Rep Rep | 8
Overview of EC and EC Administration Empowered Community (“EC”) In representing a Decisional Participant on the EC ALAC ASO ccNSO GAC GNSO Administration, the individual representative acts solely as directed by Decisional Decisional Decisional Decisional Decisional the represented Decisional Participant Participant Participant Participant Participant Participant and in accordance with processes developed by such Decisional Participant. Empowered Community Administration In representing the EC Administration, the representatives act as required for the EC to follow the applicable procedures to exercise its rights. ALAC’s EC ASO’s EC ccNSO’s EC GAC’s EC GNSO’s Admin Rep Admin Rep Admin Rep Admin EC Admin Rep Rep | 9
Procedures Each Decisional Participant Needs to Adopt Who can submit a petition & process for submission How the Decisional Participant will determine whether to accept a petition How the Decisional Participant will determine whether an issue subject to petition has been resolved How the Decisional Participant determines whether to support, or object actions supported by another Decisional Participant How the Decisional Participant notifies its constituents of relevant matters | 10
EC Administration Actions Receives and sends notifications Moderates conference calls and community forums Tallies decisions of Decisional Participants Mediation Appoints representatives to represent the Empowered Community in mediation (“Mediation Admin”) Selects slate of 5 potential mediators from Mediation Admin and Board Mediation Representatives NOTE: The EC Administration is not responsible for monitoring activities, and only needs to act when notified by either ICANN org, or a Decisional Participant. | 11
EC Rights and Thresholds Community Initiated ICANN Board Threshold for Threshold to Exercise Actions Triggered Actions Community Forum EC Right • Fundamental Bylaw Support from 3 Decisional Amendments N/A Participants and no more than 1 • Articles Amendments objection • Asset Sales • PTI Governance Actions • IFR/Special IFR/SCWG Recommendation Decisions Support from 4 Decisional • SCWG Creation Decisions Support from 2 Decisional Participants and no more than 1 Participants • ICANN/IANA Budgets objection • ICANN Operating and Strategic Plans • Standard Bylaws Amendments Support from 3 Decisional Support from 2 Decisional • NomCom Director Removal Participants and no more than 1 Participants objection ¾ majority within nominating • SO/AC Director Removal Majority within nominating SO/AC SO/AC to remove Director Support from 4 Decisional Support from 3 Decisional • Board Recall Participants and no more than 1 Participants objection • Mediation Support from 3 Decisional Support from 2 Decisional • Community IRP Participants* and no more than 1 Participants objection • Community Reconsideration | 12
Fundamental Bylaw Amendment Procedures Approval Action Board Notice – 7 days ICANN Board approves ICANN Secretary sends amendment to Fundamental Approval Action Board Notice Bylaw (after public comment to EC Admin and Decisional period has been held). Participants. Community Forum Period – 30 days Decision Period – 21 days EC Admin directs ICANN org ICANN org schedules EC Admin moderates to convene Community Forum conference call (if requested) conference call (if scheduled) (may also request to hold and Community Forum. and Community Forum. ICANN conference call prior to org staff and Board Directors Community Forum). ICANN org, SOs/ACs attend to answer questions. (including Decisional Participants) submit written views/questions to EC Admin with copy to ICANN Secretary. Decisional Participants decide whether to (i) support amendment to Fundamental Bylaw; (ii) reject amendment to Fundamental Bylaw; (iii) abstain, and notify EC Admin with copy to ICANN Secretary. EC Admin Notice – 24 hours EC Admin tallies decisions from Decisional Participants. If 3 support and no more than 1 reject, send ICANN Secretary EC Approval Notice. If approval threshold not met, send ICANN Secretary Approval Process Termination Notice. | 13
ICANN and IANA Budget Rejection Action Procedures Rejection Action Board Notice Petition Period – 21 days Support Period (7 days) ICANN Board approves the ICANN Secretary sends In accordance with procedures Petitioning Decisional ICANN and IANA budgets. Rejection Action Board Notice of Decisional Participant, an Participant contacts EC Admin to EC Admin and Decisional individual may submit a and other Decisional Participants. petition. Participants to determine whether any other Decisional Decisional Participant decides Participants support petition. If whether to accept petition. If at least one other Decisional accept, notify EC Admin and Participant supports, notify EC ICANN Secretary. Admin and ICANN Secretary. Decision Period – 21 days Community Forum Period – 21 days EC Admin directs ICANN org ICANN org schedules EC Admin moderates to convene Community Forum conference call (if requested) conference call (if scheduled) (may also request to hold and Community Forum. and Community Forum. ICANN conference call prior to org staff and Board Directors Community Forum). ICANN org, SOs/ACs attend to answer questions. (including Decisional Participants) submit written views/questions to EC Admin with copy to ICANN Secretary. Decisional Participants decide whether to (i) support petition; (ii) reject petition; (iii) abstain, and notify EC Admin with copy to ICANN Secretary. EC Admin Notice – 24 hours EC Admin tallies decisions from Decisional Participants. If 4 support and no more than 1 reject, send ICANN Secretary EC Approval Notice. If approval threshold not met, send ICANN Secretary Approval Process Termination Notice. | 14
Appendix
Procedures for Approval Actions • Fundamental Bylaw Amendments • Articles Amendments • Asset Sales
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