[gentoo-project] RFC: Expanding Foundation Bylaws, section 4.9 Termination from Membership

[zlg <zlg@gentoo.org>]

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The Bylaws text[1] currently indicates this:

~~~
Section 4.9. Termination from Membership.

Membership may be terminated by a majority vote of the board of trustees
in the event that any member acts contrary to the purpose(s) of the
Gentoo Foundation.
~~~

I propose a bylaw specifically outlining certain behaviors that will not
be tolerated by the Foundation under any circumstances. Namely, the use
of legal threats to short-circuit established conflict resolution
processes laid out by the Gentoo Foundation (and Comrel), including
threats against Officers.

Here's a rough draft of what I have in mind:

~~~
Section 4.9.1: Aggressive Legal Behavior

Foundation members who engage in aggressive legal behavior shall
surrender their Foundation membership immediately, and may re-apply for
membership no sooner than the end of the current Trustee term, at the
sole discretion of the sitting Trustees.

Aggressive legal behavior includes, but is not limited to:

* Insinuating or implying that legal action may follow if demands are
  not met;
* Threatening legal action against a Foundation member or Officer
  personally;
* Contacting the employer of a Foundation member or Officer in an
  attempt to cut off their source of personal income.
~~~

(Trustees may want to replace "surrender ... immediately" with "per a
vote of Trustees", if a more democratic process is desired)

Rationale
---------

The Gentoo Foundation and its officers have been on the receiving end of
such threats in the past. It is not in the spirit of Gentoo or its Code
of Conduct to legally coerce others into compliance with one's will. By
acting directly against another Foundation member or a Foundation
Officer, the person communicating legal threats is an existential threat
to the Foundation itself and "raises the temperature" [2] of the
community.  This reduces positive community participation and destroys
morale, whether this occurs in public or in private. It is not healthy
for the continued operation of the Foundation, or the community that
supports it, to tolerate aggressive legal behavior. Thus, I ask the
Trustees to consider adding explicit notes about such destructive
conduct to the bylaws.

I believe that the addition and enforcement of such a bylaw will result
in more civil and direct communication among Foundation members, and
encourage us to solve problems on our own instead of threatening to use
law as a weapon against each other. Additionally, such behavior is
counter to the purposes of the Foundation. Legitimate legal concerns can
be communicated in good faith without threatening others, using weasel
words, or attempting to silence other members by force.

Such behavior concerns me due to the growing prevalence of things like
SWATting[3], which has resulted in the deaths of innocent people. [3's
references, 4] I do not think Gentoo is immune to this; a proactive
approach is needed to curb this type of behavior before it has time to
build.

Thank you for reading.

~zlg

[1]: https://wiki.gentoo.org/wiki/Foundation:Bylaws#Section_4.9._Termination_from_Membership.
[2]: http://freenode.net/changuide
[3]: https://en.wikipedia.org/wiki/Swatting
[4]: WARNING: CONTAINS POLICE BODY CAM FOOTAGE. NOT SAFE FOR WORK
     http://www.kansas.com/news/local/crime/article192111974.html

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