[members-discuss] [exec-board] ripe-ncc-executive-board-election-task-force-report
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Alex de Joode
adejoode at idgara.nl
Wed Oct 28 10:56:55 CET 2020
Thanks Piotr for clarifying this, It does raise the following question: Say person 1 becomes a nominee, and self certifies "I have never committed any fraud or other financial misconduct in any jurisdiction". And say person 2 informs the board (at a later state) that a certain IPv4 IP address transaction (by person 1) was done with fraudulent means. How will the board proceed?-- IDGARA | Alex de Joode | alex at idgara.nl | +31651108221 On Wed, 28-10-2020 10h 44min, Piotr Strzyzewski <Piotr.Strzyzewski at polsl.pl> wrote: > Dear Alex, Members, > > You are right that the wording of the statement "that he/she has never > committed any fraud or other financial misconduct in any jurisdiction" > is very broad. This was deliberately done. > > In principle, RIPE NCC will assume the correctness of the statements > provided by the nominees. Therefore, RIPE NCC will not become an arbiter > whether or not a certain action of a nominee constitutes fraud. > > Best regards, > Piotr Strzyżewski > RIPE NCC Executive Board > > On Tue, Oct 27, 2020 at 05:00:44PM +0100, Alex de Joode wrote: > > ???Thanks Christian, > > > > I missed those. > > > > > > "(b) a signed statement in which > > he/she declares that he/she shall > > adhere to the Code of Conduct for > > candidates for the Executive Board > > as adopted by the Executive Board > > and published on the Association???s > > website, and that he/she has never > > committed any fraud or other > > financial misconduct in any > > jurisdiction" > > > > This is extremely broad. It also opens the possibility that RIPE NCC has to become an arbiter wether or not a certain action of a nominee constitutes fraud (with all the possible liabilities for RIPE NCC in civil court). Legally it would be preferable to just focus on 'outcomes': has there been any verdict against a nominee. Court cases can be won by nominees .. > > > > Is the wording deliberate (ie as broad as possible) Ifso have you thought about the above scenario ? > > ???-- > > IDGARA | Alex de Joode | alex at idgara.nl | +31651108221 > > > > > > On Tue, 27-10-2020 16h 36min, " target="_blank">"Kaufmann, Christian" <ckaufman at akamai.com> wrote: > > > > > > > > > > > > > > > > > > > > > > > > > Dear Alex, > > Dear Members, > > > > > > > > Here you can find the exact wordings and details: > > https://www.ripe.net/participate/meetings/gm/meetings/october-2020/proposed-amendments-to-the-ripe-ncc-articles-of-association.pdf > > > > and here is the rest of the supporting documents we have sent out before. > > https://www.ripe.net/participate/meetings/gm/meetings/october-2020/supporting-documents > > > > Hope this helps, > > > > Best, > > > > Christian Kaufmann > > RIPE NCC Executive Board > > > > > > > > > > > > > > > > > > > > From: > > Alex de Joode " target="_blank"><adejoode at idgara.nl> > > > > > Reply to: Alex de Joode " target="_blank"><adejoode at idgara.nl> > > > > > Date: Tuesday, 27. October 2020 at 14:31 > > > > > To: " target="_blank">"members-discuss at ripe.net" <members-discuss at ripe.net>, " target="_blank">"exec-board at ripe.net" <exec-board at ripe.net> > > > > > Subject: [exec-board] ripe-ncc-executive-board-election-task-force-report > > > > > > > > > > > > > > > > The report states: > > > > > > > > > > > > > > > > 7. Other requirements of nominees Recommendation It was agreed that the candidates must agree to follow the code of conduct at all times (see point 6 above). > > The nominee should also sign a statement certifying that they have not committed fraud or other financial misconduct in any jurisdiction. This requirement should be added to the Articles of Association.??? > > > > > > > > > > > > > > > > This is very broad as it pertains to behaviour. Normally this is stated as "not being convicted for fraud or other financial misconduct in any jurisdiction". > > > > > > > > > > > > So in order to know what we are voting on tomorrow, can the Board show us the exact textual changes we are voting on? > > > > > > > > > > > > Thanks. > > > > > > Alex/(as-spectre) > > > > > > > > > > ???-- > > > > > > > > > > IDGARA | Alex de Joode | alex at idgara.nl | +31651108221 > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > _______________________________________________ > > Exec-board mailing list > > Exec-board at ripe.net > > https://lists.ripe.net/mailman/listinfo/exec-board > > > -- > Piotr Strzyżewski > -------------- next part -------------- An HTML attachment was scrubbed... URL: <https://lists.ripe.net/ripe/mail/archives/members-discuss/attachments/20201028/27955241/attachment-0001.html>
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