JORDI PALET MARTINEZ
jordi.palet at consulintel.es
Fri May 31 11:48:40 UTC 2019
Let’s make it generic, so it is easier to understand for everyone. Note that I’m not a lawyer, but law is generally very logic. So:
In law, you can’t hide documents that are already public.
Moreover, an organization (membership or any other type), can’t have rules that go *against* the law.
An NDA can’t protect public documents.
Organization bylaws or rules can’t act against laws or reduce rights that are provided by law. If a rule is against law, it can be absolutelly ignored. The rest of the rules are still in place.
So, a board, can *NEVER* hide, delay or ask its members to not provide a document to the overall membership, if this document is already public. A board can’t consequently punish members of the board, because they don’t wait for the board decision to publish a *public* document among the membership.
In fact, it will be on the other way around: Board members that don’t release ASAP, a public document related to the membership/organization, may be in fault, acting against the interest of the organization and members.
El 31/5/19 13:34, "Alan Levin" <alanlevin at gmail.com> escribió:
On Fri, 31 May 2019 at 13:21, Badru Ntege <badru.ntege at nftconsult.com> wrote:
>From what I see here
A collective and binding decision was made by board to release information at an appropriate time. That decision would have been bidding to all board members as per procedure.
Clearly this was a poor decision....
One or two members went ahead to release that information outside the board agreed process.
A seriously flawed Board process!
Whether or not that information was already publicly available. The intent of the members that released the information was in response to community asking for the board to release the information.
The proper way for that information to be released would have been through the approved board process.
The members in question that released information did it in their capacity as board members and would have received that information under that capacity.
Every action has consequences and as adults we make decisions having considered the consequences one would assume.
I urge us all to be rational. I somehow believe you all believe you are acting in the best interest of our organisations AfriNIC.
We are being rational Badru, we are all most disappointed at the Board decisions here which have seriously destabilised the already flailing RIR! This was a very poor decision and "the cherry on top"
But blowing a procedural issue like this to this level and even trying to relate or connect it to a personal decision of an employee to resign is reaching and really not in the spirit of the entire community or our organisations.
Lets give the people we elected the respect they deserve, advise them when they need the guidance and allow them to do the job.
Please keep in mind that we DID NOT elect these people... some of us elected some of these people, but they were largely elected on block or by default...
We cannot all be board members at the same time so we choose a few from the wide community to do that role.
Yes, we want a better board - just one that is functiuonal - and a better process...
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