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tim, why so silent ?

findtim

Top Contributor
( i didn't want to mess up the other threads )

tim, why so silent ? a question everyone is asking me so i thought best i'd answer it.
as you can imagine the calling of an sgm is no small matter and i was on the board at the last one, this time its a bit different with the pending gov review.
my wife says " tim, just walk, you don't need this sh*t " and thats certainly true but were does that leave the people who voted for me ?
i have board confidentiality to consider and right now thats probably why its so silent from me, not muzzled, just appropriate.
with now only 2 demand class elected directors its even more important i stay, i'm not going to be a rat deserting a sinking ship as i still feel, like many of you, that the ship can once again float and go on its journey.
i do have the benefit of seeing both sides of the coin, i see what members concerns are and reiterate that to the board, i also see what auda and the board are doing and there are a lot of negatives but there are also a lot of positives.
what i see overall is a culture of misunderstanding, at the bottom of chris's letter is an offer of making contact, i would hope people take it with the view that both you and chris " seek first to understand then be understood equally " , after that chose your path.

tim
 

Bacon Farmer

Top Contributor
Tim, I voted for you and I'd like it if you did desert the ship and let the rats drown.

You aren't achieving anything and you are actually making it worse.

You actually believe their BS? They say they want input and feedback and then they just do whatever they want - have you seen the submissions to the PRP?

You don't represent me anymore if you stand with the Chair.

Why is it taking so long to replace Simon? The demand class is not being represented because you are not standing up.
 

findtim

Top Contributor
i agree to disagree and i think general consensus is its best for me to be on the board right now, thats the feedback i am getting overall.
i know we have a love/hate relationship but seriously?
You actually believe their BS?
i'm sorry, have i said that? but you are entitled to your belief as long as you keep it factual or you change it to " you THINK i believe their BS" ( wow, tim's doing grammar checks now ! )
........they just do whatever they want............
and it would be better if i left? doesn't seem like a good move to me.
Why is it taking so long to replace Simon?
i suppose the answer would be " it just is, but a lot longer if i wasn't on the board "
look at my signature, its been there a while now, it was slightly different before the election but it still rings true
"the events that need to occur to make change occur may have just occurred"
tim connell, 2004"

maybe you'll have a chance to not elect me this year, maybe you won't? until then i'm going to do my best.

as my 85yr old mum says " fight ya bastards, peace is boring" but i'm more for mediation and knowing all the facts first.

tim
 

Bacon Farmer

Top Contributor
Yeah you do believe their BS, you think Chris or the board are actually going to listen? Well let me just mull on this one.

Have they listened to the PRP submissions? Ah NO!

Have they kept the minutes up to date and been transparent? NO! That's on you too.

If you actually stood up and gave them an ultimatum to pull their finger out on the replacement demand class directors they would have to listen, if you just didn't give them a quorum. That's your right and you haven't played that card and the end result is we, the demand class are under represented. That's on you! Stand up and be counted.

This is the same BS we got from you over the exclusive negotiations with Ausregistry.

If you don't believe in the direction the board is headed or feel strongly about a single issue then you tender your resignation. That's how boards work. At the very least you make sure your arguments are noted in the minutes.
 
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findtim

Top Contributor
If you actually stood up............
thats the problem with being on a board, unfortunately you don't see or know what directors actually do, so you end up making statements that are so far from the truth its not funny.

a single issue then you tender your resignation
did you think that through? as i have many times, in every resolution there is a "for" and an " against", not a "for" and "resign" !

so if on ANY board it was the latter it would mean that if you are against something, you leave and get replaced with someone until everyone if FOR, leaving you with just "yes men"

exclusive negotiations with Ausregistry.
at the time based on the knowledge i had and the information given to the board it was the correct decision and i stand by that, hindsight now says i was wrong, so lets move on.

tim
 

Bacon Farmer

Top Contributor
You are blinded and won't listen to your friends anymore. This seems apt.
If you don't stand up to be counted then you are just an ineffectual place holder like you are now. At least if you resign people will give you the credit for standing up.

If you stand for nothing then

 
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Bacon Farmer

Top Contributor
at the time based on the knowledge i had and the information given to the board it was the correct decision and i stand by that, hindsight now says i was wrong, so lets move on.

We can't move on until you learn from your past mistakes.

You didn't listen to US then and you're not listening to US now.
 

findtim

Top Contributor
"US" who's US ?

but i am listening to YOU, and i think i have a good understanding how you feel, thanks

tim
 

snoopy

Top Contributor
auDA know all the issues, they are listed on grumpier.com.au.

They need to take action on those issues, direct registration being the main one. 2nd biggest is not passing on the registry price reduction fully.
 

DomainNames

Top Contributor
Tim, Some very serious allegations have been made by auDA in their Member newsletter release.

It was disgusting to see such a smear campaign put onto the auDA Memner newsletter to try and throw crap onto the SGM. https://lnkd.in/dDxSgmh

The SGM petition apparently has over 100 signatures.... they have so many wanting to sign they stopped taking more signatures! https://grumpier.com.au

100 members signing in just a few days from Both Supply and Demand. is anyone at auDA and the auDA Board listening yet?

People from all areas are pissed off and the antics of auDA is making it worse for auDA's reputation globally.

How much is this costing in legal fee's ... something the new auDA was complaining so much about before as a reason to take over.

It now looks like a desperate game spending a lot of domain name registrant money to hold onto jobs and a tit for tat shi$ fight.

Will we see last minute resignations like the last SGM but at what cost... massive costs.
We now see some parties jumping onto a very serious smear campaign stating "I’d be astounded the whole board would make the decision to refer if there was no substance." Brett Fenton
https://www.linkedin.com/feed/update/urn:li:activity:6389821393273384961/
  1. Did the whole board ( including you) agree to refer ex auDA Directors to the Victorian Police?
  2. On what Grounds?
  3. Which Ex Directors?
  4. When?
  5. Any current Directors?
Tim, I would suggest if you did not agree with this and did not sign off on it personally you state so for the record here so you do not get dragged into it.....legally and reputation wise. IF you support the auDA statement and the accusations then say on the information you where provided you did sign off.

Tim, you may want a real update yourself from the Police directly not just what you have been told by others. If you are a Director and auDA is doing things like this you are also possibly personally liable.

NOTE:
"
Making False Reports to Police etc.
Other Criminal Offences – VIC
Welcome to the VIC Making false reports to police etc. article page. Everything you need to know about Making false reports to police etc. according to VIC law.

What the Law States according to VIC Law for Making false reports to police etc.
According to VIC Law for the charge of Making false reports to police etc.,

Summary Offences Act 1966 – SECT 53
Making false reports to police etc.


53. Making false reports to police etc.

(1) Any person who falsely and with knowledge of the falsity of the report voluntarily reports or causes to be reported to any member of the police force that an act has been done or an event has occurred, which act or event as so reported is such as calls for an investigation by a member of the police force
shall be guilty of an offence.

(2) For the purposes of subsection (1)-

(a) voluntarily, in respect of a report by any person, means-

(i) of that person’s own motion and volition; and

(ii) otherwise than in the course of an interrogation made by a member of the police force; and

(b) causes to be reported includes creating any circumstances or doing any acts for the purpose of inducing or which induce some other person to report to a member of the police force that an act has been done or event occurred which calls for investigation by a member of the police force.

(3) Where a person is charged before a court of summary jurisdiction with an offence against this section the court shall, as soon as the person is charged and before any evidence has been given in support of the charge, cause the person charged to be informed that he may object to being summarily dealt with and may elect to be tried by a jury.

(4) Where a person charged with an offence against this section is not present before the court upon the hearing the court may, if it thinks fit, adjourn the hearing of the charge with a view of securing the attendance of that person, if practicable, at the hearing of the charge, but nevertheless the court shall
have jurisdiction to deal summarily with the case in the absence of the person charged.

(5) If before any evidence is given in support of the charge the person charged objects to the charge being dealt with summarily by the court and elects that he be tried by a jury the court shall hear and inquire into the charge as if it had no jurisdiction finally to determine the matter and may direct the person charged to be tried by a jury as aforesaid or discharge him.

(6) Any person directed to be tried as aforesaid shall notwithstanding any law usage or practice to the contrary be tried upon presentment made as for an indictable offence cognisable by the Supreme Court or the County Court.

(6A) In addition to and without derogating from section 86 of the Sentencing Act 1991, if a court finds a person guilty of, or convicts a person of, an offence against this section, the court may order the person to pay to the informant a reasonable amount for any expenses, including remuneration
payable to any emergency service worker within the meaning of Division 2B of Part 4 of the Sentencing Act 1991, incurred by the State arising out of or incidental to the commission of the offence.

(6AB) In subsection (6A) remuneration, in relation to a person, includes long service leave entitlements, holiday pay, superannuation contributions and any other employment benefits.

(6AC) If a court decides to make an order under subsection (6A), subsections (2), (3), (4), (7), (8) and (9) of section 86 of the Sentencing Act 1991 apply as if-

(a) a reference to an order under subsection (1) were a reference to an order under subsection (6A); and

(b) a reference to compensation were a reference to expenses referred to in subsection (6A).

(6AD) An order under subsection (6A) must be taken to be a judgment debt due by the offender to the informant and payment of any amount remaining unpaid under the order may be enforced in the court by which it was made.

(6B) Any moneys received by the informant under subsection (6A) shall be paid by him to the Consolidated Fund.

The Maximum Penalty – Making false reports to police etc.
According to VIC Law for the charge of Making false reports to police etc., 120 penalty units or imprisonment for 1 year."​

This is why Ned seemed to be always cautious and to seemingly on most occasions ask for his votes and views to be on the minutes.

Tim if you agreed for auDA to blow $12 million of .au domain name registrant money on 'advertising' and to only pass on 10% of the possible wholesale price decrease this is a major problem. When the minutes come out ( if they do ever come out) we better see you not agreeing to this in black and white or your justification to demand class members why you agreed with it sooner rather than later.

auDA has a duty to consumers and to paying .au domain name registrants not just a duty to themselves.

auDA say's they cant emails out to the registrants to tell the registrants who they are, about surveys, about the proposed additional competing .au extension, about the prp, etc... Bullshi$.

Enough Is Enough.
 

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Jimboot

Top Contributor
I understand BF frustration, I really do. But thank goodness we have Tim there. I don't understand enough about secrecy that surrounds the board minutes but at least there is a supply members' view on the record.
 

DomainNames

Top Contributor
Over 100 signed?

Apparently Yes but not all needed to be submitted to meet the buffer number. People did not want to get phone calls hassling them from anyone at auDA....

But there numbers are there already apparently.I do not have access to the signatures but a lot of people are talking and they had signed.

auDA should really stop the Spin. The numbers are in. The result is certain already it seems.

There is no use spending $ millions (and calling the Police... who will do nothing on this at all ) to try and fight it.That will just be bad for auDA and bad for the namespace and individuals concerned.

So now the other auDA Board members and auDA Staff not on the SGM list need to think of how will auDA replace these people with the best possible people for the job and to start that process to be ready when needed.
 

DomainShield

Top Contributor
at the time based on the knowledge i had and the information given to the board it was the correct decision and i stand by that, hindsight now says i was wrong, so lets move on.
tim
Who gave you the wrong information to make this incorrect decision then? Logically you would need to be sure that they are no longer in a position to give you the wrong information or you would need to ensure that you are no longer in a position where they can make you make a decision which you are to be held accountable for based only on their information.
If you neither change your position nor ensure that their position is changed then you are doing the same thing over and over hoping for a different outcome.
 

Shane

Top Contributor
I don't know what else people expect Tim to do. It's a numbers game right? Demand just don't have the numbers to do anything. Tim could be screaming until he's blue in the face, but it won't change a thing.

And yes, Tim could vote against everything and make sure his objections are always noted in the minutes, but what does that really achieve? F#ck all at the end of the day... At least with Tim and Nicole on the board we have some eyes and ears in there, even if they can't say much to us.

If anyone thinks they can do a better job, run for the board this year, get voted in and show us how you can effect change on a board that you'll never have the numbers on...
 

DomainNames

Top Contributor
I don't know what else people expect Tim to do. It's a numbers game right? Demand just don't have the numbers to do anything. Tim could be screaming until he's blue in the face, but it won't change a thing.

And yes, Tim could vote against everything and make sure his objections are always noted in the minutes, but what does that really achieve? F#ck all at the end of the day... At least with Tim and Nicole on the board we have some eyes and ears in there, even if they can't say much to us.

If anyone thinks they can do a better job, run for the board this year, get voted in and show us how you can effect change on a board that you'll never have the numbers on...

Making sure objections are always documented on the minutes is crucial. If not the minutes are not accurate and we again see the same old "unanimous Board decision statements' we saw previously always being stated to affirm and claim some form of auDA decisions legitimacy and process..

Directors have a duty to make it clear on the minutes if they are against something and did not vote for it. Their choice if they choose not to but it then raises doubt over the minutes being fully accurate again .
 

findtim

Top Contributor
Who gave you the wrong information
(1) i didn't say it was wrong information, it was just information, so lets clarify, I said in hindsight I was wrong not the information and hindsight is all to easy, but at the time I was right in my decision.
hands up anyone that has never looked back on a decision ! the path we are now on with afilias I think is going to prove great for the industry.
If anyone thinks they can do a better job
(2) EOI's for demand class directors close Tuesday, put your hand up and be counted.
always documented on the minutes
(3) i'm an advocate for minutes, some things however are can't be disclosed, also as a minority director the way the minutes get published comes down to the company secretary. don't like it? refer to (2)

and that ends my arrogance, guys, I get disappointed that some of you feel I do not have the best interest of all stakeholders at heart, its far from the truth.

I am communicating as much as I am legally allowed. I knew when I posted my head was on a block, but I wanted to communicate, I see why simon stopped posting and erhan has, its a tough gig on this side of the fence.

tim
 

DomainShield

Top Contributor
(1) i didn't say it was wrong information, it was just information, so lets clarify, I said in hindsight I was wrong not the information and hindsight is all to easy, but at the time I was right in my decision.
hands up anyone that has never looked back on a decision ! the path we are now on with afilias I think is going to prove great for the industry.
I am confused. You say that at the time it was the right decision but in hindsight you where wrong but you also also think it is the right path moving forward.
(2) EOI's for demand class directors close Tuesday, put your hand up and be counted.
Before everyone rushes their emails into auDA, please be aware that to be a demand class member you must not qualify as a supply class member. I only mention this as lots of domainers are resellers in order to get better pricing...
https://www.auda.org.au/about-auda/our-org/constitution/
9.4 Qualification for Supply Class Membership
"Any Legal Person that is a Registry Operator, an auDA accredited Registrar, or a reseller appointed by an auDA accredited Registrar, in the .au name space, or an association whose membership comprises a majority of such Legal Persons, qualifies to be a Supply Class Member.”
9.5 Qualification for Demand Class Membership
"Any Legal Person that does not qualify for Supply Class membership may apply to be a Demand Class Member.”

Tim, can you tell us how you got around this with your whitecollarwebsites business so others can be sure to get their ducks in a row before applying? In a post back in 2016 you spoke about being a reseller of WAR
https://www.dntrade.com.au/threads/cheapest-com-au-renewals.10744/

(3) i'm an advocate for minutes, some things however are can't be disclosed, also as a minority director the way the minutes get published comes down to the company secretary. don't like it? refer to (2)
What is a minority director? are you not allowed to vote or to insist something gets put into the minutes?

I am communicating as much as I am legally allowed. I knew when I posted my head was on a block, but I wanted to communicate, I see why simon stopped posting and erhan has, its a tough gig on this side of the fence.
It is a tough line to walk but it is even tougher for us on the outside to follow what you are trying to tell us (or not tell us)
 

DomainNames

Top Contributor
I am confused. You say that at the time it was the right decision but in hindsight you where wrong but you also also think it is the right path moving forward.

Before everyone rushes their emails into auDA, please be aware that to be a demand class member you must not qualify as a supply class member. I only mention this as lots of domainers are resellers in order to get better pricing...
https://www.auda.org.au/about-auda/our-org/constitution/
9.4 Qualification for Supply Class Membership
"Any Legal Person that is a Registry Operator, an auDA accredited Registrar, or a reseller appointed by an auDA accredited Registrar, in the .au name space, or an association whose membership comprises a majority of such Legal Persons, qualifies to be a Supply Class Member.”
9.5 Qualification for Demand Class Membership
"Any Legal Person that does not qualify for Supply Class membership may apply to be a Demand Class Member.”

Tim, can you tell us how you got around this with your whitecollarwebsites business so others can be sure to get their ducks in a row before applying? In a post back in 2016 you spoke about being a reseller of WAR
https://www.dntrade.com.au/threads/cheapest-com-au-renewals.10744/


What is a minority director? are you not allowed to vote or to insist something gets put into the minutes?


It is a tough line to walk but it is even tougher for us on the outside to follow what you are trying to tell us (or not tell us)

People / Companies/ members who are demand class members in their individual capacity ( who are separate to a legal entity to the Registrar/ Reseller) may in some cases run as Demand Class Directors and vote as Demand class members.

This is the problem with the membership model. We appear to still see a lot of Supply related entities people.( their families and friends...) signed up as Demand class members..
9.5 Qualification for Demand Class Membership
"Any Legal Person that does not qualify for Supply Class membership may apply to be a Demand Class Member.”
We have seen people moving around for different board positions in both supply and demand.

I think auDA may have removed some Pets, deceased or non existent people / entities from membership over recent years :)..
 
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johno69

Top Contributor
I see why simon stopped posting and erhan has, its a tough gig on this side of the fence.

tim

I remember Erhan congratulating you when you were elected. He said it’s all different for you now you’re in.

Clearly he knew what he was talking about there.
 

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