| Legal Question - CoI for Evil Wolf |
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It's come to my attention that the candidate, "Evil Wolf" did not declare a full Conflict of Interests Disclosure.
Here is Evil Wolf's Conflict of Interest Disclosure: [Image: cRsdQNH.png] Quote:9. Conflict of Interest Disclosures must include current World Assembly Nation, all past and present aliases used, all past and present involvement in other regions and organizations, and all current positions held across NationStates. A Conflict of Interest Disclosure must include all past and present involvement in other organisations, not simply regions. Evil Wolf notes he was a 'warlord' in The East Pacific, but not disclose his explicit membership in The Empire or any organisations for that matter (I'm sure there are others). This has consequences for voters because some voters may not have been aware he was a past member of The Empire because the CoI never explictly said he was, nor disclosed his past involvement in organisations. Evil Wolf noted that his alias was 'Condition 13' but did not disclose that he was a past member of The Empire - Condition 13, of course, was his codename in The Empire. My question for the court is: does the failure of an improper filing of a Conflict of Interest Disclosure invalidate Evil Wolf's candidacy? And if so, how should this be resolved? Is the election to be restarted, or is Glen-Rhodes, the victor of the election by default? I would note the precedent of the November 2014 General Elections set when EC Gustave Berr removed both Henn and TUSR from running because of TUSR's incomplete CoI. (03-25-2015, 01:18 PM)Unibot Wrote: Evil Wolf noted that his alias was 'Condition 13' but did not disclose that he was a past member of The Empire - Condition 13, of course, was his codename in The Empire. I did list my involvement in The East Pacific. I clearly listed it as a region I had past involvement in and I listed Condition 13 as a past aliases. I am not a member of The Empire, which is an organization that extends beyond regions. I was part of The East Pacific Empire Government that ruled The East Pacific for a short time. Once that government dissolved, I stopped all involvement with The East Pacific. The Empire later picked up as an organization using the same name as TEP Empire Government, but I was never a member. So, what we have here is a case of nitpicking and trying to intentionally confuse The Empire, an organization, and TEP Empire, which is a defunct government. I deny any wrong doing, and maintain my Conflict of Interest form was filled out correctly and to the best of my abilities. (03-25-2015, 01:18 PM)Unibot Wrote: Is the election to be restarted, or is Glen-Rhodes, the victor of the election by default? Wow, you didn't even attempt to hide the reason for filing this frivolous claim, did you, Unibot? As seen above, Unibot is only doing this as an attempt to get is political ally Glen elected, dispite Glen losing the elections fair and square. Have you no shame, Unibot?
You did not disclosure for former involvement in The Empire. The Empire was an organisation; an organisation with a formal membership who used codenames for its members. You did not disclose you were a former member of The Empire.
The Empire I was involved in was TEP's government.
By your logic, the New Pacific Order, the government of The Pacific, is an organization and needs to be declared as such. Same with the People's Republic of Lazarus and any other regional government that has a name. I disclosed I was a member of The East Pacific and what my nation there was. Beyond that, I am not under any legal obligation to state what the name of the government was, if it has one at all. I did nothing wrong, and this is nothing more than an illicit attempt to reverse a legal election.
The Empire was not TEP's government anymore than the People's Republic was TSP's government. The Empire is a transregional organisation. It needed to be disclosed in your Conflict of Interests and it was not disclosed.
Putting it down as "The East Pacific" obscured the fact that your only relationship with TEP was that you helped coup The East Pacific with The Empire. A Conflict of Interests should be clear and explicit - not mislead voters.
So I couldn't help to notice someone's COI is missing the locales of where they are officially recognized as a diplomat.
As we've had quite a few questions in a short space of time, I thought it would be worthwhile posting just to acknowledge that the question has been seen.
(03-25-2015, 04:56 PM)Unibot Wrote: The Empire was not TEP's government anymore than the People's Republic was TSP's government. It was a contested government, but a government none-the-less, and one that lasted several months and had many members, including former delegate Kandarin, the longest serving Delegate in The Reject Realms' history. I believe he was in charge of Role Play. Is Kandarin part of the organization "The Empire" too?
The Empire was not TEP's legitimately elected native government, nor acknowledged by the legitimate government, but it was a regional government of the region in at least some manner. There were forums for it, members from within the region who joined it at the time, and some of the participants later contributed significantly to TEP's restored government. The region itself was endorsing Lady Phedre, which made resistance difficult. To some extent, that grants some faint legitimacy to the claim of governance.
One might argue that any coup government is not legitimate, Unibot. Just because Milo and Empire failed doesn't mean their governments were not recognized by some. Or are you calling the OFO, PRL, and NPO illegitimate? Wolf was in one part of Empire and was legitimately removed by the core group from the organization during that time. He was only there for the TEP coup. @MallRiva: Pants are like defenders: they stifle all the fun and no one actually wants them around at a party.
<@Zeorus> Xoriet is my favorite fendascum <3
There is a clear distinction between OFO, PRL, NPO and The Empire - The Empire is a transregional organisation of elites with a history of couping; it stemmed from activities in TWP and TNP, with a longer pre-history involving the AA and the ADN. It is an organisation and while it assumed control of The East Pacific, it is an organisation and Evil Wolf was a member of it.
OFO, PRL, NPO are states - sovereign powers. The Empire was never a sovereign power because it did not possess a legitimate monopoly on the use of force in The East Pacific. His residence in The East Pacific was only related to his membership in an organisation which had couped The East Pacific - an organisation that he did not disclose. Noting your regional affiliation ("The East Pacific") without mentioning you were a member of The Empire is a clear failure to disclose. Membership in TEP could mean membership in TEP at any point in time of the Concordat and its pre-historical equivalent. It's misleading to voters who could have read Evil Wolf's CoI and have not known he was a former member of The Empire. Bear in mind, citizens are required to identify their past affiliations when they join: "All past and present regions/organisations in which I have been or am associated with". While Wolf did not disclose his Empire membership, Quote:Present Regions: The North Pacific, The South Pacific, Lone Wolves United Dalimbar and Neenee did... Quote:Present Regions: The East Pacific, Lemuria, Lazarus Quote:Past: The West Pacific in various positions and at various times over the entirety of my NS life, Osiris but I don't recall what positions I held there, Gatesville very briefly, The Meritocracy a long time ago, The East Pacific by way of The Empire, I might have joined Equilism once... not positive about that, though. I might be forgetting the odd region here or there, but in my defense, it's been a long time. This resulted, of course, in Wolf being accepted and Dalimbar and Neenee being rejected - because two of them had disclosed their past membership in The Empire upon requesting citizenship and one of them (Wolf) didn't - which meant the VD didn't look further into their history because there was no red flags. |
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