[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 17:36:18 CET 2020
Dear Piotr, That is an outcome, the question is what will happen if a third person raises the issue of fraud wrt the nominee. Will the Board/RIPE NCC investigate? If there is no verdict will the Board come a conclusion of their own (yes/no fraud in this case) and thus act as an arbiter?-- IDGARA | Alex de Joode | alex at idgara.nl | +31651108221 On Wed, 28-10-2020 17h 03min, Piotr Strzyzewski <Piotr.Strzyzewski at polsl.pl> wrote: > Dear Alex, Sascha, Members, > > If it turns out a member of the Executive Board committed fraud, while > he or she signed a statement saying that he/she had never committed any > fraud or other financial misconduct in any jurisdiction, the Executive > Board will ask this member to resign. If this member refuses to step > down, the Executive Board should propose to the General Meeting that he > or she will be suspended or dismissed. A resolution to suspend or > dismiss a member of the Executive Board shall require a majority of at > least two thirds of the votes cast (article 9.3 AoA). > > Best regards, > Piotr Strzyżewski > RIPE NCC Executive Board > > On Wed, Oct 28, 2020 at 10:56:55AM +0100, Alex de Joode wrote: > > ???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 " target="_blank"><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">" 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">" target="_blank"><adejoode at idgara.nl> > > > > > > > > > Reply to: Alex de Joode " target="_blank">" target="_blank"><adejoode at idgara.nl> > > > > > > > > > Date: Tuesday, 27. October 2020 at 14:31 > > > > > > > > > To: " target="_blank"members-discuss at ripe.net" target="_blank">">"members-discuss at ripe.net" " target="_blank"><members-discuss at ripe.net>, " target="_blank"exec-board at ripe.net" target="_blank">">"exec-board at ripe.net" " target="_blank"><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 > > > > > > > -- > Piotr Strzyżewski > -------------- next part -------------- An HTML attachment was scrubbed... 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