[members-discuss] [ncc-announce] [GM] Executive Board Meeting to Discuss Charging Scheme Input from Members

What a special turn of events. First you give the members (after 
confirmation from your side) the opportunity to come to a vote to add 
this to the agenda, then you withdraw the matter and say that "oops, it 
wasn't allowed after all"?

> We will add this as a topic to the agenda as required by the Articles 
> of Association. However, this will not be added as a proposed 
> resolution for members to vote on. Articles 15.4, 15.5 and 15.6 of the 
> RIPE NCC Articles of Association do not allow members to propose a 
> Charging Scheme, as reaffirmed by the external law firm that gives us 
> expert advice on Dutch corporate law. 
Can you quote the part where this is stated, I have just read through 
the articles and cannot come to the same conclusion. Nowhere is a 
subject excluded in Article 15.6 to which it relates;

> On the application In Writing of a group of Members who are jointly 
> entitled to cast at least two percent (2%) of the total number of 
> possible votes, other subjects will be added to the agenda. Such an 
> application, accompanied by the verbatim text of the resolutions 
> proposed by the said Members, shall have to be sent to the Executive 
> Board at least two weeks before the Meeting.
As you can read here, there are no specific restrictions as you now 
claim. The fact that Articles 15.4 and 15.5 state that the board will 
make a proposal does not rule this out either, if you are referring to 
the word 'other' here, then this is really far too vague and not 
exclusionary.

If this is supposed to mean that subjects from Articles 15.4 and 15.5 
are to be excluded, then this should have been immediately clear when 
the question came up (apparently this was also unclear to the board and 
had to find a way out through the lawyers), and it should have been 
explicitly stated that the subjects in the intended/above paragraphs are 
excluded.

Given the amount of votes, it would send out a very bad signal if the 
Board would decide proceed in this way.


Wieger Bontekoe
Principal Site Reliability Engineer

On 5/7/24 3:54 PM, Ondřej Filip wrote:
> We will add this as a topic to the agenda as required by the Articles 
> of Association. However, this will not be added as a proposed 
> resolution for members to vote on. Articles 15.4, 15.5 and 15.6 of the 
> RIPE NCC Articles of Association do not allow members to propose a 
> Charging Scheme, as reaffirmed by the external law firm that gives us 
> expert advice on Dutch corporate law. 
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