According to the Criminal Code:

(7) Corruption shall be defined as the misuse of public office for private or personal advantage.

Corruption is defined as a crime by the criminal code. A current Local Councillor, Auphelia, is very corrupt. I originally described this on the RMB. I am now making a criminal complaint. I'll restate what I had originally said on the RMB to be more specific:
Auphelia is always pulling new RMB rules out of thin air. It seems as if she suppresses something that follows every single rule in Midand's etiquette dispatch every single day by now. A great example is when I used "crap" on the RMB. She claimed it was "inappropriate language". While inappropriate language is illegal on the RMB, the term "crap" isn't really inappropriate and she claims it's to protect the children. This, however, isn't a very great example. A better example is when she claims it's exploding in debate and flaming / trolling when somebody disagrees with her. The linked post is only one example, she's done this many times.
The one thing I have yet to explain is how this benefits her. If she "enforces" the rules, then people are obviously going to think more highly of her. A good example is when Erithaca, who moves to different NS regions to score them, gives a higher regional score for double-posting rules. You can find a lot of examples of this, however. A minority of people, which includes me and Techolandia, are the only people that actually attempt to give feedback when she does this. Because me and Techolandia are only a minority, most people seem to think she's just enforcing the rules, especially the origin of the (as of now) 8 upvotes of her LC campaign dispatch.

how am i even still a legislator at this point...?

Reply

Notice of Reception
24 June 2018

---

Notice is given to all interested parties that the High Court has received this case submission, and will consider its justiciability in accordance with the Judicial Act. If either the submitter or a third party have additional arguments or evidence that would inform this consideration of justiciability, they are encouraged to present them with all due haste.

Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator.
I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum.

Legal Resources:
THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System

Reply

Your Honour, I would like to submit another argument for the side of the plaintiff:

Auphelia has shown to have used double standards multiple times in her exercise of her powers of a Local Councillor, i.e. she has been known to suppress nations who role-play (RP) in the main Regional Message Board (RMB) of the South Pacific, which is correct implementation of Section 4 of the RMB Etiquette and Rules, but has also been known to RP in the RMB herself without repercussions.

I present to you my evidence: This is her doing an RP in the RMB of the South Pacific, which as stated above is prohibited. However, her act - which, again, would be prohibited and therefore suppressed - is left without further action taken from anyone else. I believe that this constitutes an act of corruption and therefore must be prosecuted.

The Sakhalinsk Empire, Legislator of the South Pacific
Currently a citizen and legislator of TSP. I am active as Sverigesriket in Europe.

Complete Conflict of Interest

Reply

Your Honourable Justices,

I seek leave to provide comments to support the Court. I will endeavour to post these as soon as possible.

I respectfully remind the Justices that Auphelia is not active on the forums.

Please, however, do no delay any findings on the justiciability on my comments.

With respect,

Beepee

Check my links.....

SWAN 4 Life
https://www.nationstates.net/page=dispatch/id=1086117

Reply

The Court grants you leave to contribute as requested.

Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator.
I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum.

Legal Resources:
THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System

Reply

...but has also been known to RP in the RMB herself without repercussions.

EDIT: To further prove my point that she uses this for her popularity, a lot of other people illegally roleplay with her on the RMB. If you look below the same evidence post that Siames provided, you see Aidenfieeld and Si-topia roleplaying with her.
Yes, this is true. Auphelia breaks her own rules a lot. Here's rule #11 of RMB etiquette:

11. Quoting
When replying to someone, please quote them (by pressing "quote" on the bottom of their post) so they are notified, or if you are calling for someone, telegram them or mention them in the RMB.
Quote editing in a bad way (to slander or make fun of them) is not permitted. It is only allowed if you are snipping it for length or are only leaving the important part in.
Please do not quote a suppressed post, as it makes our job harder.

Auphelia has quote edited in a negative way in an attempt to hurt my Local Council campaign. My original post was a small joke about TSSS, but Auphelia quote edited to make it seem as if I would be the biased LC that she is. I even tried to call her out on it right after by explaining what rule she broke, but she completely ignored it and (likely) thought I was only joking.

how am i even still a legislator at this point...?

(This post was last modified: 06-28-2018, 07:43 PM by New Haudenosaunee Confederacy.)

Reply

Your Honourable Justices,

I provide assistance to the Court in the complaint raised by The Haudenosaunee Confederancy (NHC) ats Auphelia in relation to alleged corruption.

Again, I ask the Justices leniency on the formatting of this assistance due to the mobile version .

Discussion in Regard to Corruption Charge

Corruption is defined in the Criminal Code Article 2(7) as the misuse of public office for private or personal advantage.

I cannot see anything within the complaint which actually constitutes corruption.

There is not detailed definition of what private or personal advantage has be made by Auphelia in the complaint.

I note the following from NHC's original complaint. "Auphelia is always pulling new RMB rules out of thin air." Thus does not constitute corruption, only failure to comply with RMB Etiquette and Rules.

NHC states" The one thing I have yet to explain is how this benefits her. If she "enforces" the rules, then people are obviously going to think more highly of her. A good example is when Erithaca, who moves to different NS regions to score them, gives a higher regional score for double-posting rules. "

Erithaca's scoring cannot represent a private or personal benefit. Particularly when one considers that the scoring system was for the South Pacific as a whole and also includes comments made by Erinor and Midand, and others (including myself) on how the RMB and forums work and operate, including where to find laws and Rules.

NHC continues "You can find a lot of examples of this, however. A minority of people, which includes me and Techolandia, are the only people that actually attempt to give feedback when she does this."

Inability, or otherwise, to gratefully receive feedback is not corrupt behaviour.

NHC concludes "Because me and Techolandia are only a minority, most people seem to think she's just enforcing the rules, especially the origin of the (as of now) 8 upvotes of her LC campaign dispatch."

Upvoting of a dispatch cannot be seen as personal gain. Other LC candidates have between 23 and 2 upvoted for their dispatches, Auphelia's 8 upvotes is neither excessive nor shows particular special behaviour towards Auphelia, particularly as she is a sitting LC, showing personal gain which would indicate corruption.

NHC admits that he is within a minority on these matters, it may be that he is in the minority in these matters due to his failure to adhere to Moderation Policy.

Discussion in regard to Moderation Policy

I draw the Justices attention firstly to the Charter of the Coalition of the South Pacific, which is our primary constitutional law. Article 5 is pertinent here in that it states:

Clause 2 "The Local Council is entitled to self-administration within its jurisdiction on local issues, but may not pass laws or regulations that contradict this Charter or constitutional laws. "

Nothing in NHCs statement suggests a law or regulation has been passed, either unilaterally or multilaterally, by the Local Councillors in breach of this Clause.

Clause 3 states "The Local Council may not be denied the authority to run regional polls, create and pin Dispatches, and to suppress messages on the Regional Message Board according to a standard moderation policy. However, it may not alter the regional flags or tags, and may not send out mass telegrams, without the approval of the Delegate."

Of import here is the statement 'according to a standard moderation policy'.

The relevant policy is within the pinned RMB Etiquette and Rules dispatch, prepared by Midand found at https://www.nationstates.net/page=dispatch/id=991786 , which sets out the rules of posting on the RMB but provides no laws or rules as to the implementation of the rules.

Indeed, the previous version, prepared by Mostly Benevolent Tyranny still official linked in the MATT-DUCK Law Archive at https://www.nationstates.net/page=dispatch/id=885165 , notes "the response [to] any breach of etiquette is at our discretion. "

I state this, as I can find no law relating to the supression of RMB posts except "in accordance with the moderation policy". And with a lack of clarity between the two, the MATT-DUCK Archive must be seen as the definitive repository, rather than the pinned, version.

The examples cited by NHC do not appear to concur, e.g.NHC states
"A great example is when I used "crap" on the RMB. She claimed it was "inappropriate language". While inappropriate language is illegal on the RMB, the term "crap" isn't really inappropriate and she claims it's to protect the children."

Inappropriate language includes vulgarisms. 'Crap' is a vulgarism:
I refer the Justices to http://www.dictionary.com/browse/crap?s=t . It would appear Auphelia has correctly suppressed in this instance, even utilising NHC's interpretation of the Rules.

NHC continues "A better example is when she claims it's exploding in debate and flaming / trolling when somebody disagrees with her. The linked post is only one example, she's done this many times."

The linked post arrives what appears to be mid-conversation, I have summarised the conversation (some elements omitted for brevity) at the end of this statement. It is not in, my view, a breach of moderation, rather a discussion as to the veracity of action.

Discussion in regard to Vexatious Complaints

However, I would suggest that the conversations, this complaint, and additional posts show a concerted effort to undermine the authority of Auphelia as LC.

I draw the attention of the judges to article 2(9) of the Criminal Code on Vexatious Charges which are defined as 'the filing of criminal charges against another player despite the filing party's knowledge that that said charges were meritless, frivolous, repetitive, and/or burdensome.'

At this critical juncture of the LC campaign, the serving of a complaint can be said to simply to (a) place doubt in voters minds as to the veracity of Auphelia's credentials. This is evidenced by the claim of number of upvoted received to Auphelia's campaign or (b) attempt to distract Auphelia from running a capable campaign by forcing time away from Auphelia to answer such a complaint.

As such, I would respectfully ask the Justices to consider whether NHC's complaint falls into the realm of a vexatious complaint.

Respectfully,

Beepee

---
Conversation:

Conservitve systems wrote:
How do you add the line through the words?

Auphelia:
1. Please do not double post.
2. If you quote you should see a [strike]. That is what does it.

Conservatvie Systems: 1 Oh. 2 i double posted because nobody answered me.

Auphelia: No, a double post is two posts by the same person in a row, without anyone else posting in between.

NHC:Actually they have a fair point. NS isn't like Discord, so you can't see posts right when they're posted, meaning it's stupidly easy to accidentally double post.
I can further explain if needed.

Auphelia: If you do double post, you can delete it.You know a good way to not double post? Every time you post, refresh the page.*gasps erupt from the audience*I know, I know, it sounds hard, but it is remarkably easy! Even you should have no trouble doing it!

NHC:
1) You post.
2) Somebody elses posts.
3) You reply.
4) Double post because you didn't notice.
Nobody's perfect, Auphelia.

Auphelia: If someone else posts then it isn't a double post?
???(-_-)???

NHC: FREAKING LOGIC, IT'S NOT THAT HARD. EVEN MY IDIOT MATH TEACHER COULD FIGURE THAT OUT.
They post before you but you don't get the notice until after you post.

Auphelia: Now all, remember that calling people idiots and the like is not very nice!

NHC: 1. I'm not calling you an idiot. I'm calling somebody who isn't on the RMB an idiot. Besides, we can all agree that he's an idiot.

Auphelia: First of all, you should have more respect for your educator's no matter how you feel about them. Additionally, when you say that even an idiot could figure it out, you are implying that I am even less than an idiot.

NHC: Literally everybody disagrees with that. He's lazy as hell, he makes computers do everything for him. I've honestly learned nothing from him.
2. I'm not exploding. Exploding is the point where people say dumb BS in an argument like "ur 8 yrs old" and thinking insults actually are part of the argument. Mine was just figurative language, a very common thing. If that's not the definition of exploding, then your rules are stupidly undefined. It's even more dumb that you define that as flaming and/or trolling, because all I'm doing is criticizing your government. If that's flaming and/or trolling, then you're basically the British Empire hanging me for treason. Also, I should probably note the rule you always break: Plotless RP belongs in Psomewhere. If you can break the rules, then we should all be able to.

Techolandia :
She's still going to break the rules. I say we (as in TSPers before some smart-aleck points out that I don't have Border Control authority) just banject her and appoint 
Si-topia to take her place until the special election has concluded, providing us with a permanent successor. Hail Si-topia!

---

Auphelia wrote:
Please do not use profanity on the RMB.

That word is merely a slightly less vulgar version of another word of faecal matter.

NHC replied NS allows it, but I don't think it allows me to say ****.


South Caleblan wrote:
I think NHC just did something that can threat his campaign

NHC replied:
No, that's only gonna hurt Auphelia.

Check my links.....

SWAN 4 Life
https://www.nationstates.net/page=dispatch/id=1086117

(This post was last modified: 06-25-2018, 09:11 AM by Beepee.)

Reply

Erithaca's scoring cannot represent a private or personal benefit. Particularly when one considers that the scoring system was for the South Pacific as a whole and also includes comments made by Erinor and Midand, and others (including myself) on how the RMB and forums work and operate, including where to find laws and Rules.

Actually, it kinda does. Essentially, Erithaca was thinking more highly of Auphelia. Realistically, you can also look at the current prelim poll for more evidence. Yesterday I had 4 votes. Some of them went to Auphelia, because she's using experience as a campaign point, as well as her "charm":

 

• Experience - I will be the first to admit I don't know everything about how the Local Council works, and a vote for me will not pay off in the future with you having connections to the delegate or anything. I am not the best candidate, nor am I the most passionate (though I like to think I am!). Perhaps this wasn't the best point to make in a campaign dispatch. Still, honesty is key! 
  
• That Auphelian Charm - For some reason, people find me absolutely delightful, and who am I to argue with them? I may be a bit . . . excitable at times, but it has been said that I am something unique to TSP, so shouldn't we raise up our unique aspects to rule over the rest with fists of iron and hearts of ice? After all, wouldn't you vote the TSP Llama to the LC? On a side note, I promise I am working on finding the TSP Llama, but those Alpacan terrorists are very slippery adversaries. Bear with me during these trying times (but please don't maul me with a bear).
  

 

The examples cited by NHC do not appear to concur, e.g.NHC states
"A great example is when I used "crap" on the RMB. She claimed it was "inappropriate language". While inappropriate language is illegal on the RMB, the term "crap" isn't really inappropriate and she claims it's to protect the children."

Inappropriate language includes vulgarisms. 'Crap' is a vulgarism:
I refer the Justices to http://www.dictionary.com/browse/crap?s=t . It would appear Auphelia has correctly suppressed in this instance, even utilising NHC's interpretation of the Rules.

In my opinion it isn't. I've seen teachers use it and I've used it myself in school and other public places, and it wasn't considered vulgarism. You're helping me prove a point that the rules are extremely undefined and need to be more specific to actually work.

Upvoting of a dispatch cannot be seen as personal gain. Other LC candidates have between 23 and 2 upvoted for their dispatches, Auphelia's 8 upvotes is neither excessive nor shows particular special behaviour towards Auphelia, particularly as she is a sitting LC, showing personal gain which would indicate corruption.

If it's upvoted, then more people are likely to see it. I believe on https://www.nationstates.net/page=dispatches I even saw it in the top 20 dispatches a couple days ago.

However, I would suggest that the conversations, this complaint, and additional posts show a concerted effort to undermine the authority of Auphelia as LC.

I draw the attention of the judges to article 2(9) of the Criminal Code on Vexatious Charges which are defined as 'the filing of criminal charges against another player despite the filing party's knowledge that that said charges were meritless, frivolous, repetitive, and/or burdensome.'

At this critical juncture of the LC campaign, the serving of a complaint can be said to simply to (a) place doubt in voters minds as to the veracity of Auphelia's credentials. This is evidenced by the claim of number of upvoted received to Auphelia's campaign or (b) attempt to distract Auphelia from running a capable campaign by forcing time away from Auphelia to answer such a complaint.

If I was aware that I could do this before, then I would've done this weeks ago. I'm just realizing now that I can make a claim to Auphelia being corrupt. It's basically a coincidence that I'm doing it now.

Auphelia: Now all, remember that calling people idiots and the like is not very nice!

NHC: 1. I'm not calling you an idiot. I'm calling somebody who isn't on the RMB an idiot. Besides, we can all agree that he's an idiot.

Auphelia: First of all, you should have more respect for your educator's no matter how you feel about them. Additionally, when you say that even an idiot could figure it out, you are implying that I am even less than an idiot.

NHC: Literally everybody disagrees with that. He's lazy as hell, he makes computers do everything for him. I've honestly learned nothing from him.
2. I'm not exploding. Exploding is the point where people say dumb BS in an argument like "ur 8 yrs old" and thinking insults actually are part of the argument. Mine was just figurative language, a very common thing. If that's not the definition of exploding, then your rules are stupidly undefined. It's even more dumb that you define that as flaming and/or trolling, because all I'm doing is criticizing your government. If that's flaming and/or trolling, then you're basically the British Empire hanging me for treason. Also, I should probably note the rule you always break: Plotless RP belongs in Psomewhere. If you can break the rules, then we should all be able to.

If somebody said exactly that which I said to her to me, then I legit wouldn't be offended. If somebody said that to me, then I wouldn't consider it trolling or anything, I'd just do something that she clearly cannot and accept criticism. The reason why I have to say things like that is because it's the only way to catch her attention. I've tried to simply give feedback but she didn't accept it.

how am i even still a legislator at this point...?

Reply

Actually, it kinda does. Essentially, Erithaca was thinking more highly of Auphelia. Realistically, you can also look at the current prelim poll for more evidence. Yesterday I had 4 votes. Some of them went to Auphelia, because she's using experience as a campaign point, as well as her "charm": 

Let me restate this, actually:
She's basically putting a glorified restatement of "I'll suppress random things!" and restating it. The "I don't know everything about how the Local Council works" only proves this. She doesn't work with other members at all, which you'd think wouldn't be required. If you take a look at this post and the entire RMB page with it, you'll see that another Local Councillor, Havenfell, completely allows swearing. This entire thing happened because I said "dammit" in this post. I even directly tell Auphelia in this post that another LC during the same term had absolutely no problem with it and completely allowed it, but she just doesn't care. She doesn't even work with the other LC members and could probably care less about them.

how am i even still a legislator at this point...?

Reply

A nice Discord conversation that helps further explain:

Beepee: hi NHC, I still don't see anything in your new responses which constitute corruption. Rather it appears you are frustrated with Auphelia and/or her interpretation of rules. At the moment I don't intend to add anything else to my previous statement. You've expressed frustration with the rules, why don't you propse new rules/laws. I'd be happy to assist you in drafting them if you'd like?
NHC: I've basically already tried to do that. What I'm saying does constitute corruption, perhaps I'm just not wording it correctly. My most recent post describes how she basically is the local council because she overrules and ignores the other local councillors. Essentially, that gives her control over the local council and makes her the only voice there, which definitely benefits her.
Bepee: Hi NHC, re new rules: just because something didn't work the last time doesn't mean it won't this time.  Why don't you dm me what you had the last time or send me the link and we can have another go at getting it through.
NHC: DM you what? Oh the rules?
Beepee: You said "I've basically tried that" to getting new rules for LCs  through.  So you must have something drafted up to work from? Yup
NHC: I never actually made a full draft, although I've requested change.
Beepee; Well why don't we have a go?
NHC: That won't work, unless Auphelia isn't elected. If we reelect Auphelia, she's just gonna do the same **** she's doing now. We could try to get to Midand or Havenfell, but then Auphelia won't give a crap and will keep classifying random things and flaming/trolling. Havenfell is also likely offline.
Beepee: I think we want LCs to be active. I think we're all running on a platform of "we're on here all the time". Contradictions are not the same as corruption and the way to deal with that is better rules.  In my statement to the court I said Midand's rules are good but they don't give anyone on RMB recourse.  That's the basis of us needing to change the law. The Charter also allows us to define flaming and trolling, which roavin's done some.work on for forum side, we can pull that in too.
NHC: Yes, I know contradiction isn't corruption. The problem is the stupidly crazy amount of contradiction that basically gives Auphelia control over the LC. I agree with you there too, Midand's rules are good. They just aren't specific enough, so Auphelia can interpret them in stupid ways to the point of tyranny.

how am i even still a legislator at this point...?

Reply