int-koordination AT lists.piratenpartei.de
Betreff: Internationale Koordination
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Re: [Int-koordination] [pp-leaders.discussion] [Board] Fwd: [pp-leaders] CoA complaint: motions relating to affiliation fees
Chronologisch Thread
- From: "Irene Labner PPT" <irene.labner AT piratenpartei-tirol.at>
- To: "Denis Simonet" <denis.simonet AT piratenpartei.ch>, "Andrew Norton" <ktetch AT ktetch.co.uk>, <pp-leaders.discussion AT lists.pp-international.net>, <int-koordination AT lists.piratenpartei.de>
- Subject: Re: [Int-koordination] [pp-leaders.discussion] [Board] Fwd: [pp-leaders] CoA complaint: motions relating to affiliation fees
- Date: Sun, 21 Dec 2014 21:51:48 -0000
- List-archive: <https://service.piratenpartei.de/pipermail/int-koordination>
- List-id: Internationale Koordination <int-koordination.lists.piratenpartei.de>
Hy there!
As representant of the Pirate Party of Tyrol (Observer Member of the PPI) I am wondering about this conversation.
I thougt this conversation was about membership fees, but now there´s accusations, but no facts.
What´s up there?
Is there a problem about the PPI in general or only about Thomas Gaul.
I can´t get the point. Please tell me.
Yours
Irene
Pirate Party of Tyrol
----- Original Message ----- From: "Denis Simonet" <denis.simonet AT piratenpartei.ch>
To: "Andrew Norton" <ktetch AT ktetch.co.uk>; <pp-leaders.discussion AT lists.pp-international.net>; <int-koordination AT lists.piratenpartei.de>
Sent: Saturday, December 20, 2014 12:51 AM
Subject: Re: [pp-leaders.discussion] [Board] Fwd: [pp-leaders] CoA complaint: motions relating to affiliation fees
Dear Andrew,
As a board member for which there is still a pending complaint about
violations of practices and procedures (against the Board prior to this
one, for their actions leading up to Paris, which you were a member, as
was Thomas), and as another of the group that has been at the center of
the consistent mismanagement of PPI, I will decline for the exact same
reasons as for Thomas, in that you are similarly as tainted he is.
Did I get right that your accusations are also addressed to my person?
Seriously, could he not find someone not involved in the PPI's mass
incompetence to try and repeat his question.
He did not contact me, it was my own will to ask the same. As PP
Germany, also PP Switzerland is interested in details on your claims -
and I am quite sure that many other PPI members would like to know the
details.
I understand the concept of 'conflict of interest' seems to be one
current and recent board members of PPI have a difficult time
understanding, Nevertheless, that is the case. You don't have the
accused leading the "investigation". I assume both PP-DE and PPCh know
this, and so suspect that both your request, and Thomas' are done not on
the basis of official requests from the party leadership, but on the
basis of your own determination.
The concept of 'conflicht of interest' is about taking decisions, not
about being informed of details about accusations.
Likewise, I'd also think that if the "Party" (specifically the
leadership) were interested in the accusations, they'd contact me
directly, rather than send a go-between that may be implicated. That
just doesn't sound 'smart'. Does it sound smart to you? No, didn't think so.
I am also a board member of PP-CH, so part of the leadership. Or do you
also make a difference there? If yes: We have a tresurer, a president,
some vice presidents and other board members. Whom of them are you
willing to reply?
Denis
Andrew
"As this is massive. Could you please elaborate your accusations? In
broad and in details as well."
Thank you in advance.
Kind regards,
Denis
Sent from my Samsung Galaxy smartphone.
-------- Original message --------
From: Andrew Norton <ktetch AT ktetch.co.uk>
Date:19/12/2014 23:12 (GMT+01:00)
To: pp-leaders.discussion AT lists.pp-international.net,
"int-koordination AT lists.piratenpartei.de >> 'internationale
Koordination'" <int-koordination AT lists.piratenpartei.de>
Cc:
Subject: Re: [pp-leaders.discussion] [Board] Fwd: [pp-leaders] CoA
complaint: motions relating to affiliation fees
Frankly, I don't care if you're swapping hats at will. Unless Thomas
Gaul the PPI Board member at person-at-issue is not just physically
different from Thomas Gaul the PP-DE 'rep', but not closely tied with
them either, then there is a clear conflict of interest.
Your demands despite this underscore your unsuitability for any kind of
role.
As you yourself note, you're not even the 'only' representative, but
just "one of the official representatives of PP-DE." in your own words.
Thus there is no requirement that it involve you in any capacity as
representing the PP-DE in this regards.
Also, forgive me for saying, but your credibility with me (and others)
is completely spent. You have constantly said one thing, and done
another. So to your 'take it or leave it', I've 'leave' your demand.
In fact, any and all of your emails will now be kill-filed. I have no
time for habitual liars, whose emails are nothing but self-serving
missives. As such your emails are not even worth the storage space.
If anyone with a shred of competency, and credibility at PP-DE wishes to
enquire about the issues, They know how to contact me. But I do not
answer to you, no matter how important you *think* you are, or how many
demands you make, or whatever names you *claim* to represent. I've
fallen for that from you before, and will no longer make that mistake.
Andrew
On 12/19/2014 4:09 PM, Thomas Gaul wrote:
Dear Andrew!
Take it or leave it. I am acting on behalf of PP-DE.
And if PP-DE asks through me, please answer. Here and now!
Me being part of the board of PPI is a different matter (Rolesissues). If it shows me as a member of the board in a way not being
appropriate as a member of the board of PPI - so it is. The Pirate
Party of Germany is interested in your accusations and I asked on behalf
of the Pirate Party! And afair I am one of the official representatives
of PP-DE.
Any answer you deliver is appropriate. That's one of the reasons Iintegrated an internal German ML. Please deliver your elaboration about
the accusations. It is deemed to be public!
And aside from PP-DE - the accusation had been against the board ofPPI. Of the more interest is there for PP-DE to receive the information
and if necessary the board of PP-DE will see fit to act.
And just to let you know, the ones responsible within the board ofPP-DE are actively involved on this specific mailing list.
Please deliver the information! ASAP!
Thank you very much for your help in advance!
Thomas Gaul
internationaler Koordinator - international CoordinatorD-10115 Berlin, Germany
Piratenpartei Deutschland - Pirate Party of Germany, Pflugstraße 9a,
Die Piratenpartei Deutschland wird gemeinschaftlich vertreten vonStefan Körner (Vorsitzender) Carsten Sawosch (Stellvertretender
Vorsitzender) Stefan Bartels (Schatzmeister) Stepanie Schmiedke
(Generalsekretärin) Kristos Thingilouthis (Politischer Geschäftsführer)
Lothar Krauß (Stellvertretender Schatzmeister) Mark Huger
(Stellvertretender Generalsekretär) Bernd Schreiner (Stellvertretender
politischer Geschäftsführer) und Michael Ebner (Zweiter
Stellvertretender Generalsekretär)
-----Ursprüngliche Nachricht-----[mailto:pp-leaders.discussion-bounces AT lists.pp-international.net] Im
Von: pp-leaders.discussion
Auftrag von Andrew Norton
Gesendet: Freitag, 19. Dezember 2014 20:42motions relating to affiliation fees
An: Thomas Gaul; pp-leaders.discussion AT lists.pp-international.net
Cc: 'internationale Koordination'
Betreff: Re: [pp-leaders.discussion] Fwd: [pp-leaders] CoA complaint:
On 12/19/2014 2:36 PM, Thomas Gaul wrote:
Dear Andrew!
organisation that is fundamentally corrupt, inept, and devoid of purposeYou wrote concerning PPI: "Currently, it is not. It is an
or accountability."
broad and in details as well. I am asking this on behalf of the PirateAs this is massive. Could you please elaborate your accusations? In
Party of Germany.
Dear Thomas,
Since you are one of those at the very center of the issue, I hardlythink it's appropriate. By all means if the Pirate Party of Germany
wants to know, then by all means have them contact me. Your enquiry
would be a significant conflict of interest, no? A lot like a police
department "investigating" the misconduct of its own officers.
Andrew
Best regards
Thomas
internationaler Koordinator - international Coordinator Piratenpartei
Deutschland - Pirate Party of Germany, Pflugstraße 9a, D-10115 Berlin,
Germany
Die Piratenpartei Deutschland wird gemeinschaftlich vertreten von
Stefan Körner (Vorsitzender) Carsten Sawosch (Stellvertretender
Vorsitzender) Stefan Bartels (Schatzmeister) Stepanie Schmiedke
(Generalsekretärin) Kristos Thingilouthis (Politischer
Geschäftsführer) Lothar Krauß (Stellvertretender Schatzmeister) Mark
Huger (Stellvertretender Generalsekretär) Bernd Schreiner
(Stellvertretender politischer Geschäftsführer) und Michael Ebner
(Zweiter Stellvertretender Generalsekretär)
On 12/19/2014 5:54 AM, Josef Ohlsson Collentine wrote:
Hi,
I can only see bad things coming from CoA dealing with it no matter
what they decide... We all know PPI statutes are a complete mess so
leaning on them as hard as has been done here is just abusing the
current mess PPI is in. The complaint might definitely hold true but
what is accomplished? Would encourage PPAU to withdraw this complaint
for the greater good of PPI.
they had turned around on, say, ACTA and said 'hey, everyone protestingCan you imagine what the press would say about Pirate Parties, if
about ACTA, hush up, I can only see bad things coming from making a lot
of noise on it - we know it's a complete mess, and the complaint's
probably true, but what will be accomplished? We encourage people to
withdraw their complaints against ACTA for the greater good of the EU"
They'd string you up!
democratic methods, evidence-based principles, and accountability andOne of the fundamental principles of the Pirate movement is open
transparency. You are suggesting we (as a whole) abandon these
principles, 'for the greater good of PPI'. WHAT GREATER GOOD? To whose
benefit?
past 3 years? I don't know about you, Josef, but as an elected officerFor that matter, what 'good'? Name one good thing PPI has done in the
of a PPI member (A Governor of PPUK), and officer relating to another
(Vice chair of USPP, which includes the Observer-member PPFlorida) it's
my duty to investigate if PPI is compatible with the basic ideals and
fundamentals of these parties.
corrupt, inept, and devoid of purpose or accountability. I believe PPAUCurrently, it is not. It is an organisation that is fundamentally
has come to the same conclusions, and has given the PPI one last chance
to redeem itself by acting in the way it should.
It reminded me of the film Hot Fuzz. You know, where the 'cabal' at theHowever, one thing really insulted me. "for the greater good of PPI".
center did whatever they could to preserve the ideal they had at
everyone else's expense "for the greater good".
have said over the last week about the CIA Torture, that it was "for theAlso the same thing Dick Cheney, and Rep. Peter "IRA supporter" King
greater good". If any phrase has ever underscored that something is
"wrong" (and they know it), it's that something is "for the greater
good", and has been used to justify pretty much every 'major bad thing',
EVER. Should probably qualify as Godwin-ing on its own.
continue to act in direct defiance of the Pirate movement?So, the question remains. Is PPI a 'pirate" organisation, or will it
Andrew
Governor, PPUK
Vice Chairman, USPP
Vice Chairman, PPGa(US)
(speaking as myself, and not as an official statement from those
parties)
What is the real motive for bringing this up now? Causing more
internal chaos within PPI? Avoiding PPAU fees?
Kindly,
Josef
*International Contact for PPSE*
Contact me for any questions/concerns or if you need to get hold of
someone in Piratpartiet or internationally.
/Other contact:/
mail: international AT piratpartiet.se
<mailto:international AT piratpartiet.se>
Twitter: @collentine
Skype: josef.ohlsson.collentine (only important conversations)
Cel: +46 73 824 98 49 (text me, if urgent)
---------- Forwarded message ----------
From: *Brendan Molloy* <brendan.molloy AT pirateparty.org.au
<mailto:brendan.molloy AT pirateparty.org.au>>
Date: Fri, Dec 19, 2014 at 2:06 AM
Subject: [pp-leaders] CoA complaint: motions relating to affiliation
fees
To: Court of Arbitration <coa AT pp-international.net
<mailto:coa AT pp-international.net>>
Cc: "pp-leaders AT lists.pp-international.net
<mailto:pp-leaders AT lists.pp-international.net>"
<pp-leaders AT lists.pp-international.net
<mailto:pp-leaders AT lists.pp-international.net>>
Dear Court of Arbitration,
Please accept our following complaint for consideration.
An HTML version of the complaint is available here:
https://gist.github.com/bbqsrc/fc7a05121272a23804f1/730b5ae96e1912ea5
2
bbb3697084e27cc0157a26
Please acknowledge receipt of this email as soon as possible.
Thanks!
## Complaint
PPAU requests that the Court of Arbitration hears a challenge against
motions relating to affiliation fees at the 2014 General Assembly,
specifically due to recent minutes of the PPI Board indicating that
they are likely to move ahead with attempts to acquire fees from
members.
PPAU consents to abide by the decision of the Court of Arbitration.
## Challenge
and PPI Board.This challenge relates to CoA powers [XIVa(3)(a), (b), and
(e)][XIVa], and relates to the functioning of the General Assembly
### Validity of affiliation fee-related motions
The minutes in question can be found here:
http://wiki.pp-international.net/Minutes_of_GA_2014
As there are no titles in the minutes, we cannot link to the relevant
section.
Please search for the following to find it:
delay or not 9.5 in favour, 12 opposed, 2 abstentions Result: we
discuss the hight of the fees now
As the minutes are a complete mess, we have attempted to decipher as
best as possible what the actual proposals were to begin with, and
what the conclusion is.
PPAU would like to note for posterity that these minutes are not of
the quality expected of an international organisation and the members
should seriously consider ensuring that the quality of the minutes is
significantly improved in the future.
Based on our analysis we believe the events to be as follows:
* "Board MOP for Membership fees at PPI" begins
* Discussion occurs.
* A vote to delay voting and discussion does not carry.
* A vote on whether or not to discuss Gregory Engels' proposed
HDI-based fees or a "1/10 proposal", which seems to mean 10% of the
original HDI-based proposal.
* That vote results in a discussion of the 1/10 proposal.
* A motion by PPEE that parties with less than 500 members will choose
their own fees, seems to have carried but is not noted in the
minutes.
* A motion to have voluntary fees for all seem to not carry, not noted.
* A motion whether fees are wanted at all, based on the tenuous phrase
in brackets "based on what we decided for so far" carries with 55.8%
support (not including abstentions).
* The minutes then assert that what had been agreed to is as follows:
There will be membership fees, 1/10th of the original proposal,
parties with less than 500 members can pay as much as they want (but
a minimum of more than 0€), there are no penalties for not paying,
observer membership is also not associated with any costs, the first
fees are due for the next financial year (which begins tomorrow)
PPAU fails to see how such a result could be derived as:
* No conclusive vote as to the mechanism for determining the fees was
carried, specifically no motion carried that meets the requirements
of [XVI(1) or (2)][XVI];
* A feelings-based motion on whether fees are wanted carries, but it
is a tenuous, meaningless motion, that is also not valid as per the
statutes due to [XI(2)][XI], which stipulates that annual affiliation
fee motions must meet a two-thirds threshold;
* PPEE's motion does not specify that the fees must be greater than 0,
and therefore the assertion is again false;
* Notwithstanding the above, due to no fee as per [XVI(1)][XVI] being
determined, PPEE's motion is therefore irrelevant for the time
being;
* "No penalties" was not agreed to nor discussed, and is also false due
to [XI(5)][XI], which stipulates that failure to pay fees can result
in voting rights being suspended;
* No discussion or vote was taken regarding fees for observer members,
and therefore the tenuous assertion is without purpose or merit as
it bears no relevance to the discussion at hand; and
* No vote affirming the complex assertion being questioned here is
recorded within the minutes.
#### Relevant statutes:
XI Voting
[~snip~]
(2) Decisions concerning the admission of new Members (section III.
paragraph 4), the exclusion of Members (section VII, paragraph 2),
the determination of the annual affiliation fee (section XVI,
paragraph 1) and the amendment of this[sic] Statutes (section XX),
shall be passed by a two thirds majority of the votes cast.
[~snip~]
XV. Funding
Pirate Parties International expenditure shall be covered by:
a) affiliation fees from the Ordinary Members parties and those with
Observer status,
[~snip~]
XVI. Affiliation Fees
(1) The amount of the fee is determined annually by the General
Assembly.
(2) The affiliation fees and contributions shall be fixed in
relation to the finances and membership of parties.
[XI(2)][XI] clearly stipulates that motions relating to [XVI(1)][XVI]
must carry with a two-thirds majority of votes cast.
[XV(a)][XV] implies that observer members should be included in any
calculation of affiliation fees in [XVI][XVI].
exception.[XVI][XVI] as a whole seems to imply that (1) should be a fixed
number, and that (2) should apply a formula to that number
consistently in relation to size and finances of a party, without
### Suitability of PPI board accepting affiliation fees at this time
Recent minutes of the PPI board state that the board intends to soon
begin requesting membership fees, but these very same minutes put
into question whether or not the banking situation has been resolved
sufficiently to begin taking large amounts of money from around the
world.
Relevant URLs:
*
http://wiki.pp-international.net/PPI_Minutes_2014-11-29#3_Short_Repor
t
s
*
http://wiki.pp-international.net/PPI_Minutes_2014-12-09#3_Short_Repor
t
s
*
http://wiki.pp-international.net/PPI_Minutes_2014-12-09#7_Financial_S
i
tuation
*
http://wiki.pp-international.net/PPI_Minutes_2014-12-09#8_AOB_.28bein
g
_urgent.29
#### Relevant Statutes:
XVII. Treasurer
[~snip~]
(3) The Board is responsible for the sound financial management of
Pirate Parties International.
question.[XVII][XVII] is an odd place to put a requirement of the PPI board to
be sure, but it is a requirement of the statutes that the board
soundly manages the finances of PPI, and this has been put into
## Requests
We request that the Court of Arbitration does the following:
1. Immediately introduces an injunction against the PPI board regarding
requesting or accepting membership fees until this case is
concluded, as per the powers of [XIVa(1) and (3)(a)][XIVa]; 2.
Makes a determination that "fixed in relation to the finances and
membership of parties" should be interpreted to mean a consistently
applied formula for determining fees based on that criteria, without
exception;
3. Makes a determination that the General Assembly did not approve any
affiliation fee that would meet the requirements of [XVI(1)][XVI],
either due to lack of a motion meeting those requirements, or a
motion failing to carry due to the requirements of [XI(2)][XI]; 4.
Makes a determination that motions relating to affiliation fees must
meet all of the requirements of [XI(2)][XI],
[XVI(1) and XVI(2)][XVI];
5. Makes a determination as to whether or not [XVI][XVI] applies to
observer members, as [XV(a)][XV] seems to imply; 6. Makes a
determination as to whether or not the current PPI board is
meeting the requirements of [XVII(3)][XVII], which is necessary for
the purpose of knowing whether it is safe to send affiliation fees
to the PPI board. Should the board be found to not be meeting these
requirements, they should be required to apply to the CoA for a
determination on whether they meet [XVII(3)][XVII] prior to
requesting any affiliation fees in the future, and; 7. Makes a
determination that any attempt by the PPI board to accrue
affiliation fees to be without authority or basis until a future
General Assembly resolves otherwise.
[XI]: http://wiki.pp-international.net/Statutes#XI._Voting
[XIVa]:
http://wiki.pp-international.net/Statutes#XIVa._Court_of_Arbitration
[XV]: http://wiki.pp-international.net/Statutes#XV._Funding
[XVI]:
http://wiki.pp-international.net/Statutes#XVI._Affiliation_Fees
[XVII]: http://wiki.pp-international.net/Statutes#XVII._Treasurer
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- Re: [Int-koordination] [pp-leaders.discussion] [Board] Fwd: [pp-leaders] CoA complaint: motions relating to affiliation fees, Denis Simonet, 19.12.2014
- Re: [Int-koordination] [pp-leaders.discussion] [Board] Fwd: [pp-leaders] CoA complaint: motions relating to affiliation fees, Andrew Norton, 19.12.2014
- Re: [Int-koordination] [pp-leaders.discussion] [Board] Fwd: [pp-leaders] CoA complaint: motions relating to affiliation fees, Thomas Gaul, 20.12.2014
- Re: [Int-koordination] [pp-leaders.discussion] [Board] Fwd: [pp-leaders] CoA complaint: motions relating to affiliation fees, Denis Simonet, 20.12.2014
- Re: [Int-koordination] [pp-leaders.discussion] [Board] Fwd: [pp-leaders] CoA complaint: motions relating to affiliation fees, Irene Labner PPT, 21.12.2014
- Re: [Int-koordination] [pp-leaders.discussion] [Board] Fwd: [pp-leaders] CoA complaint: motions relating to affiliation fees, Andrew Norton, 19.12.2014
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