* [gentoo-project] RFC: Expanding Foundation Bylaws, section 4.9 Termination from Membership @ 2018-02-08 4:50 zlg 2018-02-08 5:41 ` Daniel Robbins 0 siblings, 1 reply; 29+ messages in thread From: zlg @ 2018-02-08 4:50 UTC (permalink / raw To: gentoo-project, trustees, gentoo-nfp [-- Attachment #1: Type: text/plain, Size: 3298 bytes --] 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 [-- Attachment #2: Digital signature --] [-- Type: application/pgp-signature, Size: 833 bytes --] ^ permalink raw reply [flat|nested] 29+ messages in thread
* Re: [gentoo-project] RFC: Expanding Foundation Bylaws, section 4.9 Termination from Membership 2018-02-08 4:50 [gentoo-project] RFC: Expanding Foundation Bylaws, section 4.9 Termination from Membership zlg @ 2018-02-08 5:41 ` Daniel Robbins 2018-02-08 21:18 ` zlg 0 siblings, 1 reply; 29+ messages in thread From: Daniel Robbins @ 2018-02-08 5:41 UTC (permalink / raw To: gentoo-project; +Cc: trustees, gentoo-nfp [-- Attachment #1: Type: text/plain, Size: 3960 bytes --] The current bylaws are sufficient. Threats should not be tolerated. It seems like right now, all it takes are the trustees to vote on it to remove that member. Your addition leaves it up to interpretation whether specified events fit the criteria you define, which just make it more confusing than a simple vote of trustees in the first place. So I don't think any of this helps; and with the videos at the end, it just kind of seems paranoid. -Daniel On Wed, Feb 7, 2018 at 9:50 PM, zlg <zlg@gentoo.org> wrote: > 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 > [-- Attachment #2: Type: text/html, Size: 5050 bytes --] ^ permalink raw reply [flat|nested] 29+ messages in thread
* Re: [gentoo-project] RFC: Expanding Foundation Bylaws, section 4.9 Termination from Membership 2018-02-08 5:41 ` Daniel Robbins @ 2018-02-08 21:18 ` zlg 2018-02-08 21:34 ` Daniel Robbins 0 siblings, 1 reply; 29+ messages in thread From: zlg @ 2018-02-08 21:18 UTC (permalink / raw To: gentoo-project [-- Attachment #1: Type: text/plain, Size: 2065 bytes --] On Wed, Feb 07, 2018 at 10:41:11PM -0700, Daniel Robbins wrote: > The current bylaws are sufficient. > > Threats should not be tolerated. It seems like right now, all it takes are > the trustees to vote on it to remove that member. Your addition leaves it > up to interpretation whether specified events fit the criteria you define, > which just make it more confusing than a simple vote of trustees in the > first place. All of our policies are written in a natural language, which leaves them open to interpretation by a human. How would you improve the wording of the criteria? > > So I don't think any of this helps; and with the videos at the end, it just > kind of seems paranoid. The intent was to show that the phenomenon is real and poses a threat to us. The all-caps warning was being respectful of the circumstances that people may be reading the list under. I thought I put enough thought and effort into my recommendation to not be written off and disregarded as paranoid. In an age where information is gathered en masse and often misused against people, I hardly consider it paranoid to be concerned about the safety of our members. Which bylaw(s) already cover legal threats? 4.9 is a bylaw with broad, general language that is also subject to interpretation. Our Code of Conduct does not cover this behavior, either. The closest thing is "mean-spirited", which is actually *less* specific than what I outlined. It comes down to this: these events *can* and *do* happen, and some of our members *have* threatened legal action in response to situations they didn't like. There is no denying any of that. What will Gentoo do about it when it's one of our own who loses their job or their life at the hands of an angry person with a phone? Should we stand by and wait until damage is done before acting? I think we can do better than that. As mentioned in my prior mail, it's a draft. Patches welcome. > > -Daniel > > On Wed, Feb 7, 2018 at 9:50 PM, zlg <zlg@gentoo.org> wrote: > > >[snip] > > [-- Attachment #2: Digital signature --] [-- Type: application/pgp-signature, Size: 833 bytes --] ^ permalink raw reply [flat|nested] 29+ messages in thread
* Re: [gentoo-project] RFC: Expanding Foundation Bylaws, section 4.9 Termination from Membership 2018-02-08 21:18 ` zlg @ 2018-02-08 21:34 ` Daniel Robbins 2018-02-08 22:03 ` Rich Freeman 2018-02-08 22:43 ` zlg 0 siblings, 2 replies; 29+ messages in thread From: Daniel Robbins @ 2018-02-08 21:34 UTC (permalink / raw To: gentoo-project [-- Attachment #1: Type: text/plain, Size: 3743 bytes --] I think the "rules" as it stands give the trustees the ability to remove any member that they feel is disruptive or not good for the project. They don't need to provide a reason or justification. It is at their discretion. So disruptive people can be removed. If I am misunderstanding this, let me know. I understand what you are getting at though, but to make it sound better I would take a positive stance, and list expectations in the Code of Conduct. I'll will give you an example: "Foundation members are expected to act in good faith to cooperate with others and resolve problems constructively, including the use of our official channels for dispute resolution. The Foundation reserves the right to remove anyone's membership who they feel is being disruptive to the project or not acting in the spirit of cooperation, and depending on the severity of the behavior, this may not even include a warning. Therefore, it is important that as a Foundation member that you are aware of this. We expect that you will not only cooperate but act in a way that models professionalism and respect -- that is our standard." That's a friendly warning, and if people read it, I think they will feel "Cool - the Foundation is trying to maintain a professional environment. I can get behind that. And I know that they expect that from me and if I deviate from that, I know what the consequences might be." Then I really don't feel like the Trustees have any hoops they need to jump through to remove people -- they can exercise their rights as described in the bylaws. -Daniel On Thu, Feb 8, 2018 at 2:18 PM, zlg <zlg@gentoo.org> wrote: > On Wed, Feb 07, 2018 at 10:41:11PM -0700, Daniel Robbins wrote: > > The current bylaws are sufficient. > > > > Threats should not be tolerated. It seems like right now, all it takes > are > > the trustees to vote on it to remove that member. Your addition leaves it > > up to interpretation whether specified events fit the criteria you > define, > > which just make it more confusing than a simple vote of trustees in the > > first place. > > All of our policies are written in a natural language, which leaves them > open to interpretation by a human. How would you improve the wording of > the criteria? > > > > > So I don't think any of this helps; and with the videos at the end, it > just > > kind of seems paranoid. > > The intent was to show that the phenomenon is real and poses a threat to > us. The all-caps warning was being respectful of the circumstances that > people may be reading the list under. I thought I put enough thought and > effort into my recommendation to not be written off and disregarded as > paranoid. In an age where information is gathered en masse and > often misused against people, I hardly consider it paranoid to be > concerned about the safety of our members. > > Which bylaw(s) already cover legal threats? 4.9 is a bylaw with broad, > general language that is also subject to interpretation. Our Code of > Conduct does not cover this behavior, either. The closest thing is > "mean-spirited", which is actually *less* specific than what I outlined. > > It comes down to this: these events *can* and *do* happen, and some of > our members *have* threatened legal action in response to situations > they didn't like. There is no denying any of that. What will Gentoo do > about it when it's one of our own who loses their job or their life at > the hands of an angry person with a phone? Should we stand by and wait > until damage is done before acting? I think we can do better than that. > > As mentioned in my prior mail, it's a draft. Patches welcome. > > > > -Daniel > > > > On Wed, Feb 7, 2018 at 9:50 PM, zlg <zlg@gentoo.org> wrote: > > > > >[snip] > > > > [-- Attachment #2: Type: text/html, Size: 4532 bytes --] ^ permalink raw reply [flat|nested] 29+ messages in thread
* Re: [gentoo-project] RFC: Expanding Foundation Bylaws, section 4.9 Termination from Membership 2018-02-08 21:34 ` Daniel Robbins @ 2018-02-08 22:03 ` Rich Freeman 2018-02-08 22:17 ` Matthew Thode 2018-02-08 22:29 ` Daniel Robbins 2018-02-08 22:43 ` zlg 1 sibling, 2 replies; 29+ messages in thread From: Rich Freeman @ 2018-02-08 22:03 UTC (permalink / raw To: gentoo-project On Thu, Feb 8, 2018 at 4:34 PM, Daniel Robbins <drobbins@funtoo.org> wrote: > I think the "rules" as it stands give the trustees the ability to remove any > member that they feel is disruptive or not good for the project. They don't > need to provide a reason or justification. It is at their discretion. So > disruptive people can be removed. If I am misunderstanding this, let me > know. Indeed, I'd even go further and simplify the bylaw to say: Section 4.9. Termination from Membership. Membership may be terminated by a majority vote of the board of trustees. And just leave it at that. If you're concerned about somebody threatening to sue, then it is probably better to NOT give them a reason for dismissal, unless specifically required to do so by law. If the law doesn't require a reason, and you don't give a reason, then they don't really have much ground for argument. If you do give a reason, you've now given them something to argue with when there was no need to do so. IMO a better defense against Gentoo volunteers being sued is to join an umbrella that is actually equipped to handle these situations, and which will probably be less likely to give people grounds to sue, especially since they would no longer have standing as members to do so. And keep in mind that kicking somebody out doesn't really diminish their standing to sue, since they can potentially sue based on actions taken while they were a member, and the loss of membership becomes one more cause for action. -- Rich ^ permalink raw reply [flat|nested] 29+ messages in thread
* Re: [gentoo-project] RFC: Expanding Foundation Bylaws, section 4.9 Termination from Membership 2018-02-08 22:03 ` Rich Freeman @ 2018-02-08 22:17 ` Matthew Thode 2018-02-08 22:33 ` Daniel Robbins 2018-02-08 22:29 ` Daniel Robbins 1 sibling, 1 reply; 29+ messages in thread From: Matthew Thode @ 2018-02-08 22:17 UTC (permalink / raw To: gentoo-project [-- Attachment #1: Type: text/plain, Size: 2309 bytes --] On 18-02-08 17:03:07, Rich Freeman wrote: > On Thu, Feb 8, 2018 at 4:34 PM, Daniel Robbins <drobbins@funtoo.org> wrote: > > I think the "rules" as it stands give the trustees the ability to remove any > > member that they feel is disruptive or not good for the project. They don't > > need to provide a reason or justification. It is at their discretion. So > > disruptive people can be removed. If I am misunderstanding this, let me > > know. > > Indeed, I'd even go further and simplify the bylaw to say: > > Section 4.9. Termination from Membership. > > Membership may be terminated by a majority vote of the board of trustees. > > And just leave it at that. > > If you're concerned about somebody threatening to sue, then it is > probably better to NOT give them a reason for dismissal, unless > specifically required to do so by law. > > If the law doesn't require a reason, and you don't give a reason, then > they don't really have much ground for argument. If you do give a > reason, you've now given them something to argue with when there was > no need to do so. > > IMO a better defense against Gentoo volunteers being sued is to join > an umbrella that is actually equipped to handle these situations, and > which will probably be less likely to give people grounds to sue, > especially since they would no longer have standing as members to do > so. > > And keep in mind that kicking somebody out doesn't really diminish > their standing to sue, since they can potentially sue based on actions > taken while they were a member, and the loss of membership becomes one > more cause for action. > I was going to respond more fully, but yes we discussed this a little bit already and this was our conclusion (specifically that 4.9 gives us enough power to act as it is). For those wanting the current text of the bylaw, it's as follows: 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. While this is not quite as open, the people who decide who acts contrary to the purpose of the foundation are the trustees (in my non-lawyer point of view). -- Matthew Thode (prometheanfire) [-- Attachment #2: signature.asc --] [-- Type: application/pgp-signature, Size: 833 bytes --] ^ permalink raw reply [flat|nested] 29+ messages in thread
* Re: [gentoo-project] RFC: Expanding Foundation Bylaws, section 4.9 Termination from Membership 2018-02-08 22:17 ` Matthew Thode @ 2018-02-08 22:33 ` Daniel Robbins 2018-02-08 22:39 ` Matthew Thode 0 siblings, 1 reply; 29+ messages in thread From: Daniel Robbins @ 2018-02-08 22:33 UTC (permalink / raw To: gentoo-project [-- Attachment #1: Type: text/plain, Size: 717 bytes --] I think rich0 is spot-on here where if we make it even shorter, it gets even stronger: Section 4.9. Termination from Membership. Membership may be terminated by a majority vote of the board of trustees. No explanation required. Right now, it sounds like the trustees may need to justify that the member is acting contrary to the purpose(s) of the Foundation. When really, no justification should be required (it just opens the door for endless argument, grumpiness, and thus more likely to lead to legal action). At the very least, it should say that the trustees can remove anyone *they feel* (ie. based on *their opinion*, which can't be argued) is acting poorly. That removes the possibility of debate. -Daniel [-- Attachment #2: Type: text/html, Size: 4009 bytes --] ^ permalink raw reply [flat|nested] 29+ messages in thread
* Re: [gentoo-project] RFC: Expanding Foundation Bylaws, section 4.9 Termination from Membership 2018-02-08 22:33 ` Daniel Robbins @ 2018-02-08 22:39 ` Matthew Thode 2018-02-09 7:32 ` Ulrich Mueller 2018-02-10 17:17 ` Andreas K. Huettel 0 siblings, 2 replies; 29+ messages in thread From: Matthew Thode @ 2018-02-08 22:39 UTC (permalink / raw To: gentoo-project [-- Attachment #1: Type: text/plain, Size: 916 bytes --] On 18-02-08 15:33:02, Daniel Robbins wrote: > I think rich0 is spot-on here where if we make it even shorter, it gets > even stronger: > > Section 4.9. Termination from Membership. > Membership may be terminated by a majority vote of the board of trustees. > > No explanation required. Right now, it sounds like the trustees may need to > justify that the member is acting contrary to the purpose(s) of the > Foundation. When really, no justification should be required (it just opens > the door for endless argument, grumpiness, and thus more likely to lead to > legal action). At the very least, it should say that the trustees can > remove anyone *they feel* (ie. based on *their opinion*, which can't be > argued) is acting poorly. That removes the possibility of debate. > Agreed, this is the only improvement I see us making to that specific bylaw. -- Matthew Thode (prometheanfire) [-- Attachment #2: signature.asc --] [-- Type: application/pgp-signature, Size: 833 bytes --] ^ permalink raw reply [flat|nested] 29+ messages in thread
* Re: [gentoo-project] RFC: Expanding Foundation Bylaws, section 4.9 Termination from Membership 2018-02-08 22:39 ` Matthew Thode @ 2018-02-09 7:32 ` Ulrich Mueller 2018-02-09 7:48 ` Daniel Robbins 2018-02-10 17:17 ` Andreas K. Huettel 1 sibling, 1 reply; 29+ messages in thread From: Ulrich Mueller @ 2018-02-09 7:32 UTC (permalink / raw To: gentoo-project [-- Attachment #1: Type: text/plain, Size: 1840 bytes --] >>>>> On Thu, 8 Feb 2018, Matthew Thode wrote: > On 18-02-08 15:33:02, Daniel Robbins wrote: >> I think rich0 is spot-on here where if we make it even shorter, it gets >> even stronger: >> >> Section 4.9. Termination from Membership. >> Membership may be terminated by a majority vote of the board of >> trustees. >> >> No explanation required. Right now, it sounds like the trustees may >> need to justify that the member is acting contrary to the >> purpose(s) of the Foundation. When really, no justification should >> be required (it just opens the door for endless argument, >> grumpiness, and thus more likely to lead to legal action). At the >> very least, it should say that the trustees can remove anyone *they >> feel* (ie. based on *their opinion*, which can't be argued) is >> acting poorly. That removes the possibility of debate. > Agreed, this is the only improvement I see us making to that specific > bylaw. Have I understood this right, removing the possibility of debate and giving trustees the power to haphazardly kick members is seen as an *improvement* over what there is now? I would rather call it despotism. Just for comparison, look at the corresponding wording in the bylaws of Gentoo e.V. (my attempt of a translation, original German is in https://gentoo-ev.org/w/images/8/86/Satzung.pdf, §4 (5)): "A member may be excluded by decision of the board: for damaging the reputation of the Verein, for failing to pay the membership fee, or for another important reason. The board must communicate the decision to the excluded member in writing, indicating the reasons, and give him hearing on request. The general members' assembly can be invoked for an appeal against the board's decision; membership is suspended until the decision of the general assembly." Ulrich [-- Attachment #2: Type: application/pgp-signature, Size: 490 bytes --] ^ permalink raw reply [flat|nested] 29+ messages in thread
* Re: [gentoo-project] RFC: Expanding Foundation Bylaws, section 4.9 Termination from Membership 2018-02-09 7:32 ` Ulrich Mueller @ 2018-02-09 7:48 ` Daniel Robbins 2018-02-09 8:04 ` Ulrich Mueller 2018-02-09 8:24 ` Michał Górny 0 siblings, 2 replies; 29+ messages in thread From: Daniel Robbins @ 2018-02-09 7:48 UTC (permalink / raw To: gentoo-project [-- Attachment #1: Type: text/plain, Size: 2453 bytes --] Ulm, You are using hyperbole. A majority vote of trustees is required. That is not haphazard, as you state -- it is a process that requires majority consensus of elected officials. We assume that the trustees are looking out for the project. The trustees are there to protect the community so they must have this ability. If you have concerns over potential for abuse, I'd be interested to hear those concerns and discuss those. Best, Daniel On Fri, Feb 9, 2018 at 12:32 AM, Ulrich Mueller <ulm@gentoo.org> wrote: > >>>>> On Thu, 8 Feb 2018, Matthew Thode wrote: > > > On 18-02-08 15:33:02, Daniel Robbins wrote: > >> I think rich0 is spot-on here where if we make it even shorter, it gets > >> even stronger: > >> > >> Section 4.9. Termination from Membership. > >> Membership may be terminated by a majority vote of the board of > >> trustees. > >> > >> No explanation required. Right now, it sounds like the trustees may > >> need to justify that the member is acting contrary to the > >> purpose(s) of the Foundation. When really, no justification should > >> be required (it just opens the door for endless argument, > >> grumpiness, and thus more likely to lead to legal action). At the > >> very least, it should say that the trustees can remove anyone *they > >> feel* (ie. based on *their opinion*, which can't be argued) is > >> acting poorly. That removes the possibility of debate. > > > Agreed, this is the only improvement I see us making to that specific > > bylaw. > > Have I understood this right, removing the possibility of debate and > giving trustees the power to haphazardly kick members is seen as an > *improvement* over what there is now? I would rather call it > despotism. > > Just for comparison, look at the corresponding wording in the bylaws > of Gentoo e.V. (my attempt of a translation, original German is in > https://gentoo-ev.org/w/images/8/86/Satzung.pdf, §4 (5)): > > "A member may be excluded by decision of the board: for damaging the > reputation of the Verein, for failing to pay the membership fee, or > for another important reason. The board must communicate the decision > to the excluded member in writing, indicating the reasons, and give > him hearing on request. The general members' assembly can be invoked > for an appeal against the board's decision; membership is suspended > until the decision of the general assembly." > > Ulrich > [-- Attachment #2: Type: text/html, Size: 3223 bytes --] ^ permalink raw reply [flat|nested] 29+ messages in thread
* Re: [gentoo-project] RFC: Expanding Foundation Bylaws, section 4.9 Termination from Membership 2018-02-09 7:48 ` Daniel Robbins @ 2018-02-09 8:04 ` Ulrich Mueller 2018-02-09 8:20 ` Daniel Robbins ` (2 more replies) 2018-02-09 8:24 ` Michał Górny 1 sibling, 3 replies; 29+ messages in thread From: Ulrich Mueller @ 2018-02-09 8:04 UTC (permalink / raw To: gentoo-project [-- Attachment #1: Type: text/plain, Size: 618 bytes --] >>>>> On Fri, 9 Feb 2018, Daniel Robbins wrote: [Please don't top-post.] > You are using hyperbole. A majority vote of trustees is required. > That is not haphazard, as you state -- it is a process that requires > majority consensus of elected officials. We assume that the trustees > are looking out for the project. The trustees are there to protect > the community so they must have this ability. I don't disagree with this. Still, trustees should not be able to exclude a member without a reason, and they should communicate that reason (not necessarily in public, but at least to the excluded member). Ulrich [-- Attachment #2: Type: application/pgp-signature, Size: 490 bytes --] ^ permalink raw reply [flat|nested] 29+ messages in thread
* Re: [gentoo-project] RFC: Expanding Foundation Bylaws, section 4.9 Termination from Membership 2018-02-09 8:04 ` Ulrich Mueller @ 2018-02-09 8:20 ` Daniel Robbins 2018-02-09 9:00 ` zlg 2018-02-09 14:23 ` Matthew Thode 2 siblings, 0 replies; 29+ messages in thread From: Daniel Robbins @ 2018-02-09 8:20 UTC (permalink / raw To: gentoo-project [-- Attachment #1: Type: text/plain, Size: 1040 bytes --] On Fri, Feb 9, 2018 at 1:04 AM, Ulrich Mueller <ulm@gentoo.org> wrote: > > > I don't disagree with this. Still, trustees should not be able to > exclude a member without a reason, and they should communicate that > reason (not necessarily in public, but at least to the excluded > member) Well, they would need to have a reason to go through the hassle of removing a member. I would be more concerned that they would communicate a general reason to the Gentoo community so that there would be some accountability. Of course, this is a delicate balancing act -- how much information to share, etc. I think it would be highly specific on the circumstances how much information is appropriate to share, which would be hard to predict ahead of time and make rules about. I think that in these circumstances, the more reason/justification that is provided, the more 'ammunition' you are giving to a potentially combative person to continue a conflict that the trustees are desperately trying to end for the sake of the project. Best, Daniel [-- Attachment #2: Type: text/html, Size: 1424 bytes --] ^ permalink raw reply [flat|nested] 29+ messages in thread
* Re: [gentoo-project] RFC: Expanding Foundation Bylaws, section 4.9 Termination from Membership 2018-02-09 8:04 ` Ulrich Mueller 2018-02-09 8:20 ` Daniel Robbins @ 2018-02-09 9:00 ` zlg 2018-02-10 17:29 ` Andreas K. Huettel 2018-02-09 14:23 ` Matthew Thode 2 siblings, 1 reply; 29+ messages in thread From: zlg @ 2018-02-09 9:00 UTC (permalink / raw To: gentoo-project [-- Attachment #1: Type: text/plain, Size: 1998 bytes --] On Fri, Feb 09, 2018 at 09:04:19AM +0100, Ulrich Mueller wrote: > >>>>> On Fri, 9 Feb 2018, Daniel Robbins wrote: > > [Please don't top-post.] > > > You are using hyperbole. A majority vote of trustees is required. > > That is not haphazard, as you state -- it is a process that requires > > majority consensus of elected officials. We assume that the trustees > > are looking out for the project. The trustees are there to protect > > the community so they must have this ability. > > I don't disagree with this. Still, trustees should not be able to > exclude a member without a reason, and they should communicate that > reason (not necessarily in public, but at least to the excluded > member). > > Ulrich From what I've seen, a common approach to conflict resolution is via the bug-tracker, or e-mails to comrel. These create 'paper trails' for us, so I don't think that's much of a problem in terms of discovery. The Trustees could suggest that official channels be used before petitioning them for a decision on Foundation membership. They are not required to do so, but I agree that knowing the reason is helpful. And instead of the reasoning being some sort of rationale, it should be something grounded in fact and fact alone: "You did X, which we have communicated results in Y. Z person went through our official channels and those channels failed to resolve the situation. Thus, the Trustees are taking action to protect the Foundation and community. You may re-apply for Foundation membership on [date]." Anything less is favoritism or double-standard. If we cannot enforce our guidelines evenly, then we lack credibility and don't deserve to be taken seriously. Enforcement is made difficult because we allow our decisions to be impacted by the social status of the person who is being claimed against. Others see this, and it reduces our reputation. Short, fact-oriented messaging I think is the way to go for enforcement. ~zlg [-- Attachment #2: Digital signature --] [-- Type: application/pgp-signature, Size: 833 bytes --] ^ permalink raw reply [flat|nested] 29+ messages in thread
* Re: [gentoo-project] RFC: Expanding Foundation Bylaws, section 4.9 Termination from Membership 2018-02-09 9:00 ` zlg @ 2018-02-10 17:29 ` Andreas K. Huettel 0 siblings, 0 replies; 29+ messages in thread From: Andreas K. Huettel @ 2018-02-10 17:29 UTC (permalink / raw To: gentoo-project [-- Attachment #1: Type: text/plain, Size: 745 bytes --] > > From what I've seen, a common approach to conflict resolution is via the > bug-tracker, or e-mails to comrel. These create 'paper trails' for us, > so I don't think that's much of a problem in terms of discovery. The > Trustees could suggest that official channels be used before petitioning > them for a decision on Foundation membership. You mean something like a "background check"? Well, that might at least prevent that someone becomes foundation member "for contributions to gentoo" while being banned by comrel on gentoo infrastructure "for continous misbehaviour". (Yep that happened in the past.) -- Andreas K. Hüttel dilfridge@gentoo.org Gentoo Linux developer (council, toolchain, perl, libreoffice, comrel) [-- Attachment #2: This is a digitally signed message part. --] [-- Type: application/pgp-signature, Size: 981 bytes --] ^ permalink raw reply [flat|nested] 29+ messages in thread
* Re: [gentoo-project] RFC: Expanding Foundation Bylaws, section 4.9 Termination from Membership 2018-02-09 8:04 ` Ulrich Mueller 2018-02-09 8:20 ` Daniel Robbins 2018-02-09 9:00 ` zlg @ 2018-02-09 14:23 ` Matthew Thode 2 siblings, 0 replies; 29+ messages in thread From: Matthew Thode @ 2018-02-09 14:23 UTC (permalink / raw To: gentoo-project [-- Attachment #1: Type: text/plain, Size: 1188 bytes --] On 18-02-09 09:04:19, Ulrich Mueller wrote: > >>>>> On Fri, 9 Feb 2018, Daniel Robbins wrote: > > [Please don't top-post.] > > > You are using hyperbole. A majority vote of trustees is required. > > That is not haphazard, as you state -- it is a process that requires > > majority consensus of elected officials. We assume that the trustees > > are looking out for the project. The trustees are there to protect > > the community so they must have this ability. > > I don't disagree with this. Still, trustees should not be able to > exclude a member without a reason, and they should communicate that > reason (not necessarily in public, but at least to the excluded > member). > The goal of keeping it open is to remove (as much as we can) the possibility of recourse (legal or otherwise). In practice I think we'd tend to communicate with the community, but there are times where we may need to keep something more private. I don't want to write ourselves into a corner where we HAVE to do something one way, or if something is not listed as a reason to kick someone we can't get rid of them (we missed something). -- Matthew Thode (prometheanfire) [-- Attachment #2: signature.asc --] [-- Type: application/pgp-signature, Size: 833 bytes --] ^ permalink raw reply [flat|nested] 29+ messages in thread
* Re: [gentoo-project] RFC: Expanding Foundation Bylaws, section 4.9 Termination from Membership 2018-02-09 7:48 ` Daniel Robbins 2018-02-09 8:04 ` Ulrich Mueller @ 2018-02-09 8:24 ` Michał Górny 2018-02-09 8:32 ` Daniel Robbins 1 sibling, 1 reply; 29+ messages in thread From: Michał Górny @ 2018-02-09 8:24 UTC (permalink / raw To: gentoo-project W dniu pią, 09.02.2018 o godzinie 00∶48 -0700, użytkownik Daniel Robbins napisał: > Ulm, > > You are using hyperbole. A majority vote of trustees is required. That is > not haphazard, as you state -- it is a process that requires majority > consensus of elected officials. We assume that the trustees are looking out > for the project. The trustees are there to protect the community so they > must have this ability. > You seem to have a very idealistic assumption of who Trustees are and how they are 'elected'. -- Best regards, Michał Górny ^ permalink raw reply [flat|nested] 29+ messages in thread
* Re: [gentoo-project] RFC: Expanding Foundation Bylaws, section 4.9 Termination from Membership 2018-02-09 8:24 ` Michał Górny @ 2018-02-09 8:32 ` Daniel Robbins 0 siblings, 0 replies; 29+ messages in thread From: Daniel Robbins @ 2018-02-09 8:32 UTC (permalink / raw To: gentoo-project [-- Attachment #1: Type: text/plain, Size: 1040 bytes --] On Fri, Feb 9, 2018 at 1:24 AM, Michał Górny <mgorny@gentoo.org> wrote: > W dniu pią, 09.02.2018 o godzinie 00∶48 -0700, użytkownik Daniel Robbins > napisał: > > Ulm, > > > > You are using hyperbole. A majority vote of trustees is required. That is > > not haphazard, as you state -- it is a process that requires majority > > consensus of elected officials. We assume that the trustees are looking > out > > for the project. The trustees are there to protect the community so they > > must have this ability. > > > > You seem to have a very idealistic assumption of who Trustees are > and how they are 'elected'. > I really am not in a position to 'judge' the trustees. I do know that they are elected. So if a trustee does a bad job, they can be voted out by the members. This is the responsibility of the members -- to do research and use their vote wisely. I also know that being a trustee is often a thankless job and involves lots of necessary work that often isn't very fun to do. Best, Daniel [-- Attachment #2: Type: text/html, Size: 1500 bytes --] ^ permalink raw reply [flat|nested] 29+ messages in thread
* Re: [gentoo-project] RFC: Expanding Foundation Bylaws, section 4.9 Termination from Membership 2018-02-08 22:39 ` Matthew Thode 2018-02-09 7:32 ` Ulrich Mueller @ 2018-02-10 17:17 ` Andreas K. Huettel 1 sibling, 0 replies; 29+ messages in thread From: Andreas K. Huettel @ 2018-02-10 17:17 UTC (permalink / raw To: gentoo-project [-- Attachment #1: Type: text/plain, Size: 1102 bytes --] Am Donnerstag, 8. Februar 2018, 23:39:21 CET schrieb Matthew Thode: > > > Membership may be terminated by a majority vote of the board of trustees. > > > > No explanation required. Right now, it sounds like the trustees may need > > to > > justify that the member is acting contrary to the purpose(s) of the > > Foundation. When really, no justification should be required (it just > > opens > > the door for endless argument, grumpiness, and thus more likely to lead to > > legal action). At the very least, it should say that the trustees can > > remove anyone *they feel* (ie. based on *their opinion*, which can't be > > argued) is acting poorly. That removes the possibility of debate. > > Agreed, this is the only improvement I see us making to that specific > bylaw. I agree that this modification of the bylaws makes sense. (Just that I'll mercilessly get back to these e-mails here when I'm ever asked to publicly justify a comrel decision again.) -- Andreas K. Hüttel dilfridge@gentoo.org Gentoo Linux developer (council, toolchain, perl, libreoffice, comrel) [-- Attachment #2: This is a digitally signed message part. --] [-- Type: application/pgp-signature, Size: 981 bytes --] ^ permalink raw reply [flat|nested] 29+ messages in thread
* Re: [gentoo-project] RFC: Expanding Foundation Bylaws, section 4.9 Termination from Membership 2018-02-08 22:03 ` Rich Freeman 2018-02-08 22:17 ` Matthew Thode @ 2018-02-08 22:29 ` Daniel Robbins 1 sibling, 0 replies; 29+ messages in thread From: Daniel Robbins @ 2018-02-08 22:29 UTC (permalink / raw To: gentoo-project [-- Attachment #1: Type: text/plain, Size: 363 bytes --] On Thu, Feb 8, 2018 at 3:03 PM, Rich Freeman <rich0@gentoo.org> wrote: > > If the law doesn't require a reason, and you don't give a reason, then > they don't really have much ground for argument. If you do give a > reason, you've now given them something to argue with when there was > no need to do so. > YES, this ^^^^^^^ is what I am trying to say :) > > [-- Attachment #2: Type: text/html, Size: 820 bytes --] ^ permalink raw reply [flat|nested] 29+ messages in thread
* Re: [gentoo-project] RFC: Expanding Foundation Bylaws, section 4.9 Termination from Membership 2018-02-08 21:34 ` Daniel Robbins 2018-02-08 22:03 ` Rich Freeman @ 2018-02-08 22:43 ` zlg 2018-02-08 23:04 ` Daniel Robbins 2018-02-10 17:39 ` Andreas K. Huettel 1 sibling, 2 replies; 29+ messages in thread From: zlg @ 2018-02-08 22:43 UTC (permalink / raw To: gentoo-project [-- Attachment #1: Type: text/plain, Size: 6020 bytes --] On Thu, Feb 08, 2018 at 02:34:33PM -0700, Daniel Robbins wrote: > I think the "rules" as it stands give the trustees the ability to remove > any member that they feel is disruptive or not good for the project. They > don't need to provide a reason or justification. It is at their discretion. > So disruptive people can be removed. If I am misunderstanding this, let me > know. > > I understand what you are getting at though, but to make it sound better I > would take a positive stance, and list expectations in the Code of Conduct. > I'll will give you an example: > > "Foundation members are expected to act in good faith to cooperate with > others and resolve problems constructively, including the use of our > official channels for dispute resolution. The Foundation reserves the right > to remove anyone's membership who they feel is being disruptive to the > project or not acting in the spirit of cooperation, and depending on the > severity of the behavior, this may not even include a warning. Therefore, > it is important that as a Foundation member that you are aware of this. We > expect that you will not only cooperate but act in a way that models > professionalism and respect -- that is our standard." > > That's a friendly warning, and if people read it, I think they will feel > "Cool - the Foundation is trying to maintain a professional environment. I > can get behind that. And I know that they expect that from me and if I > deviate from that, I know what the consequences might be." Then I really > don't feel like the Trustees have any hoops they need to jump through to > remove people -- they can exercise their rights as described in the bylaws. > > -Daniel That's something I can get behind, in spirit. Perhaps examples could aid understanding. I like the angle of better establishing our expectations, but maybe we could be a little more precise so there's less room for interpretation. (it seems to be a shared goal) I understand that we vote Council and Trustees in to do this interpretation for us, but who among us can nail down what it means to act "professional"? It's a loaded term that means different things to different people and even different cultures. I've seen too many instances of people accused of "unprofessional behavior" and ignored due to said judgment, with no supporting reasoning or even a working definition of the phrase. I would argue that accusations of unprofessionalism without supporting reasoning is unprofessional in itself, but others may disagree. If we can't establish a shared understanding, the text you laid out may not be as effective as we hope. We must also consider that what we do is volunteer work rather than work-for-hire. In that context, none of us are professionals unless a company pays us to work on Gentoo. If we can unpack "professional", we could likely describe the conduct we're after without resorting to such an unclear umbrella term. Additionally, someone could use official conflict resolution channels to overwhelm Comrel or whoever is handling the situation, and try to force engagement with their target using the guise of "cooperation". That, too, needs to be defined. Otherwise, we're giving a free pass to people who use our bureaucracy against other members to force confrontation. I don't mean to nitpick; it's just stuff that I've seen in action, where well-meaning standards of conduct are perverted to suit agendas. Every community will run into that monster sooner or later, so I figure it's better to be explicit than to expect others to intuitively understand what we mean. Comrel? Council? Trustees? > > > > On Thu, Feb 8, 2018 at 2:18 PM, zlg <zlg@gentoo.org> wrote: > > > On Wed, Feb 07, 2018 at 10:41:11PM -0700, Daniel Robbins wrote: > > > The current bylaws are sufficient. > > > > > > Threats should not be tolerated. It seems like right now, all it takes > > are > > > the trustees to vote on it to remove that member. Your addition leaves it > > > up to interpretation whether specified events fit the criteria you > > define, > > > which just make it more confusing than a simple vote of trustees in the > > > first place. > > > > All of our policies are written in a natural language, which leaves them > > open to interpretation by a human. How would you improve the wording of > > the criteria? > > > > > > > > So I don't think any of this helps; and with the videos at the end, it > > just > > > kind of seems paranoid. > > > > The intent was to show that the phenomenon is real and poses a threat to > > us. The all-caps warning was being respectful of the circumstances that > > people may be reading the list under. I thought I put enough thought and > > effort into my recommendation to not be written off and disregarded as > > paranoid. In an age where information is gathered en masse and > > often misused against people, I hardly consider it paranoid to be > > concerned about the safety of our members. > > > > Which bylaw(s) already cover legal threats? 4.9 is a bylaw with broad, > > general language that is also subject to interpretation. Our Code of > > Conduct does not cover this behavior, either. The closest thing is > > "mean-spirited", which is actually *less* specific than what I outlined. > > > > It comes down to this: these events *can* and *do* happen, and some of > > our members *have* threatened legal action in response to situations > > they didn't like. There is no denying any of that. What will Gentoo do > > about it when it's one of our own who loses their job or their life at > > the hands of an angry person with a phone? Should we stand by and wait > > until damage is done before acting? I think we can do better than that. > > > > As mentioned in my prior mail, it's a draft. Patches welcome. > > > > > > -Daniel > > > > > > On Wed, Feb 7, 2018 at 9:50 PM, zlg <zlg@gentoo.org> wrote: > > > > > > >[snip] > > > > > > [-- Attachment #2: Digital signature --] [-- Type: application/pgp-signature, Size: 833 bytes --] ^ permalink raw reply [flat|nested] 29+ messages in thread
* Re: [gentoo-project] RFC: Expanding Foundation Bylaws, section 4.9 Termination from Membership 2018-02-08 22:43 ` zlg @ 2018-02-08 23:04 ` Daniel Robbins 2018-02-08 23:12 ` M. J. Everitt 2018-02-10 17:39 ` Andreas K. Huettel 1 sibling, 1 reply; 29+ messages in thread From: Daniel Robbins @ 2018-02-08 23:04 UTC (permalink / raw To: gentoo-project [-- Attachment #1: Type: text/plain, Size: 9119 bytes --] zlg, I agree somewhat, but I think that people shouldn't get a 'free pass' to engage in unprofessional behavior just because it's a volunteer project. I think that there is a general understanding that in a 'professional' environment, you want to try to be polite and get along with others. I think that this is the underlying principle. You are not free to interact with everyone as you see fit -- the primary purpose of Gentoo communication infrastructure is to create a welcoming and constructive environment for those who participate in it. I think it would be pretty easy to come up with a few bullet points to clarify how strict "professional" is. It is not my decision to make, but I'd suggest maybe something like the following: * Be sensitive to the fact that people come from other cultures and may have other values than you do. If engaging in personal conversation, it is very possible that someone else will find an idea or activity you have as being offensive -- especially when it comes to politics, religion, and other 'hot button' issues -- things you may feel are perfectly appropriate. In these instances, we will ask that you refrain from discussing these personal ideas or activities on gentoo infrastructure (forums, IRC, mailing lists, etc.) and move them to non-Gentoo channels, as the priority for Gentoo is to have a welcoming environment for all people wanting to discuss issues related to Gentoo, first and foremost. Purposely engaging in off-topic 'hot-button' discussion on Gentoo infrastructure is considered trolling and will result in your access to Gentoo infrastructure being limited or removed. * Different cultures have different expectations when it comes to the use of profanity, and good-natured "ribbing" (teasing.) What is acceptable is highly dependent on the specific individuals included in the conversation (both active and passive participants.) We admit that it can be difficult to determine what is "OK" and "not OK" in conversations. Here are some guidelines. We will insist that you do not use profanity directed towards an individual or group. if you are sensitive to profanity, be aware that there are those on our project who will say a 'bad' word from time-to-time. If you are saying something sarcastically, use a smiley-face or other emoji to indicate that. Others will require adjustment of their choice of words. If you have offended someone with your words, we ask that you apologize and make amends. We also ask that those offended forgive and move on, with the understanding that your personal moral standards may not be shared by everyone. Remember that it is everyone's responsibility to try to make people feel welcome here, and the primary goal is not to allow you to act however you want but to create a supportive environment for Gentoo-related discussion and work. Something like that, I think, could be useful. -Daniel On Thu, Feb 8, 2018 at 3:43 PM, zlg <zlg@gentoo.org> wrote: > On Thu, Feb 08, 2018 at 02:34:33PM -0700, Daniel Robbins wrote: > > I think the "rules" as it stands give the trustees the ability to remove > > any member that they feel is disruptive or not good for the project. They > > don't need to provide a reason or justification. It is at their > discretion. > > So disruptive people can be removed. If I am misunderstanding this, let > me > > know. > > > > I understand what you are getting at though, but to make it sound better > I > > would take a positive stance, and list expectations in the Code of > Conduct. > > I'll will give you an example: > > > > "Foundation members are expected to act in good faith to cooperate with > > others and resolve problems constructively, including the use of our > > official channels for dispute resolution. The Foundation reserves the > right > > to remove anyone's membership who they feel is being disruptive to the > > project or not acting in the spirit of cooperation, and depending on the > > severity of the behavior, this may not even include a warning. Therefore, > > it is important that as a Foundation member that you are aware of this. > We > > expect that you will not only cooperate but act in a way that models > > professionalism and respect -- that is our standard." > > > > That's a friendly warning, and if people read it, I think they will feel > > "Cool - the Foundation is trying to maintain a professional environment. > I > > can get behind that. And I know that they expect that from me and if I > > deviate from that, I know what the consequences might be." Then I really > > don't feel like the Trustees have any hoops they need to jump through to > > remove people -- they can exercise their rights as described in the > bylaws. > > > > -Daniel > > That's something I can get behind, in spirit. Perhaps examples could aid > understanding. > > I like the angle of better establishing our expectations, but maybe we > could be a little more precise so there's less room for interpretation. > (it seems to be a shared goal) I understand that we vote Council and > Trustees in to do this interpretation for us, but who among us can nail > down what it means to act "professional"? It's a loaded term that means > different things to different people and even different cultures. I've > seen too many instances of people accused of "unprofessional behavior" > and ignored due to said judgment, with no supporting reasoning or even a > working definition of the phrase. I would argue that accusations of > unprofessionalism without supporting reasoning is unprofessional in > itself, but others may disagree. If we can't establish a shared > understanding, the text you laid out may not be as effective as we hope. > > We must also consider that what we do is volunteer work rather than > work-for-hire. In that context, none of us are professionals unless a > company pays us to work on Gentoo. If we can unpack "professional", we > could likely describe the conduct we're after without resorting to such > an unclear umbrella term. > > Additionally, someone could use official conflict resolution > channels to overwhelm Comrel or whoever is handling the situation, and > try to force engagement with their target using the guise of > "cooperation". That, too, needs to be defined. Otherwise, we're giving a > free pass to people who use our bureaucracy against other members to > force confrontation. > > I don't mean to nitpick; it's just stuff that I've seen in action, where > well-meaning standards of conduct are perverted to suit agendas. Every > community will run into that monster sooner or later, so I figure it's > better to be explicit than to expect others to intuitively understand > what we mean. > > Comrel? Council? Trustees? > > > > > > > > > On Thu, Feb 8, 2018 at 2:18 PM, zlg <zlg@gentoo.org> wrote: > > > > > On Wed, Feb 07, 2018 at 10:41:11PM -0700, Daniel Robbins wrote: > > > > The current bylaws are sufficient. > > > > > > > > Threats should not be tolerated. It seems like right now, all it > takes > > > are > > > > the trustees to vote on it to remove that member. Your addition > leaves it > > > > up to interpretation whether specified events fit the criteria you > > > define, > > > > which just make it more confusing than a simple vote of trustees in > the > > > > first place. > > > > > > All of our policies are written in a natural language, which leaves > them > > > open to interpretation by a human. How would you improve the wording of > > > the criteria? > > > > > > > > > > > So I don't think any of this helps; and with the videos at the end, > it > > > just > > > > kind of seems paranoid. > > > > > > The intent was to show that the phenomenon is real and poses a threat > to > > > us. The all-caps warning was being respectful of the circumstances that > > > people may be reading the list under. I thought I put enough thought > and > > > effort into my recommendation to not be written off and disregarded as > > > paranoid. In an age where information is gathered en masse and > > > often misused against people, I hardly consider it paranoid to be > > > concerned about the safety of our members. > > > > > > Which bylaw(s) already cover legal threats? 4.9 is a bylaw with broad, > > > general language that is also subject to interpretation. Our Code of > > > Conduct does not cover this behavior, either. The closest thing is > > > "mean-spirited", which is actually *less* specific than what I > outlined. > > > > > > It comes down to this: these events *can* and *do* happen, and some of > > > our members *have* threatened legal action in response to situations > > > they didn't like. There is no denying any of that. What will Gentoo do > > > about it when it's one of our own who loses their job or their life at > > > the hands of an angry person with a phone? Should we stand by and wait > > > until damage is done before acting? I think we can do better than > that. > > > > > > As mentioned in my prior mail, it's a draft. Patches welcome. > > > > > > > > -Daniel > > > > > > > > On Wed, Feb 7, 2018 at 9:50 PM, zlg <zlg@gentoo.org> wrote: > > > > > > > > >[snip] > > > > > > > > > [-- Attachment #2: Type: text/html, Size: 11172 bytes --] ^ permalink raw reply [flat|nested] 29+ messages in thread
* Re: [gentoo-project] RFC: Expanding Foundation Bylaws, section 4.9 Termination from Membership 2018-02-08 23:04 ` Daniel Robbins @ 2018-02-08 23:12 ` M. J. Everitt 0 siblings, 0 replies; 29+ messages in thread From: M. J. Everitt @ 2018-02-08 23:12 UTC (permalink / raw To: gentoo-project [-- Attachment #1.1.1: Type: text/plain, Size: 3453 bytes --] On 08/02/18 23:04, Daniel Robbins wrote: > zlg, I agree somewhat, but I think that people shouldn't get a 'free > pass' to engage in unprofessional behavior just because it's a > volunteer project. I think that there is a general understanding that > in a 'professional' environment, you want to try to be polite and get > along with others. I think that this is the underlying principle. You > are not free to interact with everyone as you see fit -- the primary > purpose of Gentoo communication infrastructure is to create a > welcoming and constructive environment for those who participate in it. > > I think it would be pretty easy to come up with a few bullet points to > clarify how strict "professional" is. It is not my decision to make, > but I'd suggest maybe something like the following: > > * Be sensitive to the fact that people come from other cultures and > may have other values than you do. If engaging in personal > conversation, it is very possible that someone else will find an idea > or activity you have as being offensive -- especially when it comes to > politics, religion, and other 'hot button' issues -- things you may > feel are perfectly appropriate. In these instances, we will ask that > you refrain from discussing these personal ideas or activities on > gentoo infrastructure (forums, IRC, mailing lists, etc.) and move them > to non-Gentoo channels, as the priority for Gentoo is to have a > welcoming environment for all people wanting to discuss issues related > to Gentoo, first and foremost. Purposely engaging in off-topic > 'hot-button' discussion on Gentoo infrastructure is considered > trolling and will result in your access to Gentoo infrastructure being > limited or removed. > > * Different cultures have different expectations when it comes to the > use of profanity, and good-natured "ribbing" (teasing.) What is > acceptable is highly dependent on the specific individuals included in > the conversation (both active and passive participants.) We admit that > it can be difficult to determine what is "OK" and "not OK" in > conversations. Here are some guidelines. We will insist that you do > not use profanity directed towards an individual or group. if you are > sensitive to profanity, be aware that there are those on our project > who will say a 'bad' word from time-to-time. If you are saying > something sarcastically, use a smiley-face or other emoji to indicate > that. Others will require adjustment of their choice of words. If you > have offended someone with your words, we ask that you apologize and > make amends. We also ask that those offended forgive and move on, with > the understanding that your personal moral standards may not be shared > by everyone. Remember that it is everyone's responsibility to try to > make people feel welcome here, and the primary goal is not to allow > you to act however you want but to create a supportive environment for > Gentoo-related discussion and work. > > Something like that, I think, could be useful. > > -Daniel > > +1 I think having [worked?!] examples provides people with a good contextual background for establishing a fairly consistent baseline standard for all interactions. ie. something like "do this, will result in this, do This and This is likely to happen" And then enforce it .. clearly and consistently .. you win trust and respect this way. Michael. [-- Attachment #1.1.2: Type: text/html, Size: 4941 bytes --] [-- Attachment #2: OpenPGP digital signature --] [-- Type: application/pgp-signature, Size: 819 bytes --] ^ permalink raw reply [flat|nested] 29+ messages in thread
* Re: [gentoo-project] RFC: Expanding Foundation Bylaws, section 4.9 Termination from Membership 2018-02-08 22:43 ` zlg 2018-02-08 23:04 ` Daniel Robbins @ 2018-02-10 17:39 ` Andreas K. Huettel 2018-02-10 22:31 ` Daniel Robbins 1 sibling, 1 reply; 29+ messages in thread From: Andreas K. Huettel @ 2018-02-10 17:39 UTC (permalink / raw To: gentoo-project [-- Attachment #1: Type: text/plain, Size: 1134 bytes --] Am Donnerstag, 8. Februar 2018, 23:43:29 CET schrieb zlg: > I understand that we vote Council and > Trustees in to do this interpretation for us, but who among us can nail > down what it means to act "professional"? It's a loaded term that means > different things to different people and even different cultures. I've > seen too many instances of people accused of "unprofessional behavior" > and ignored due to said judgment, with no supporting reasoning or even a > working definition of the phrase. Precisely. Given that part of our intended audience is geeks, and part of our intention is to attract fresh talent, I'd say it would be fully professional of us to fill a conference booth with cool and crazy, sci-fi / "Inspector Gadget" like Gentoo related stuff. (Has anyone ever tried installing Gentoo on a Dalek?) That, however, is exactly the opposite of another understanding of professional, which intends to attract seasoned system administrators or company representatives. -- Andreas K. Hüttel dilfridge@gentoo.org Gentoo Linux developer (council, toolchain, perl, libreoffice, comrel) [-- Attachment #2: This is a digitally signed message part. --] [-- Type: application/pgp-signature, Size: 981 bytes --] ^ permalink raw reply [flat|nested] 29+ messages in thread
* Re: [gentoo-project] RFC: Expanding Foundation Bylaws, section 4.9 Termination from Membership 2018-02-10 17:39 ` Andreas K. Huettel @ 2018-02-10 22:31 ` Daniel Robbins 2018-02-10 22:36 ` Daniel Robbins 2018-02-10 22:57 ` Michał Górny 0 siblings, 2 replies; 29+ messages in thread From: Daniel Robbins @ 2018-02-10 22:31 UTC (permalink / raw To: gentoo-project [-- Attachment #1: Type: text/plain, Size: 806 bytes --] On Sat, Feb 10, 2018 at 10:39 AM, Andreas K. Huettel <dilfridge@gentoo.org> wrote: > > > That, however, is exactly the opposite of another understanding of > professional, which intends to attract seasoned system administrators or > company representatives. "Professional" is more defined by its opposite, "unprofessional". Maybe there is more consensus around that word. In a professional environment, people make an effort to be polite, friendly, cooperative. There are consequences for being disruptive, abusive, rude. Likewise, in Gentoo, we should have the same. Maybe not as strict -- but a general understanding that you are part of a community and expected to contribute positively to the community -- not just positive technical work, but make a positive contribution as a HUMAN BEING. -Daniel [-- Attachment #2: Type: text/html, Size: 1172 bytes --] ^ permalink raw reply [flat|nested] 29+ messages in thread
* Re: [gentoo-project] RFC: Expanding Foundation Bylaws, section 4.9 Termination from Membership 2018-02-10 22:31 ` Daniel Robbins @ 2018-02-10 22:36 ` Daniel Robbins 2018-02-10 22:46 ` Andreas K. Huettel 2018-02-10 22:57 ` Michał Górny 1 sibling, 1 reply; 29+ messages in thread From: Daniel Robbins @ 2018-02-10 22:36 UTC (permalink / raw To: gentoo-project [-- Attachment #1: Type: text/plain, Size: 1052 bytes --] On Sat, Feb 10, 2018 at 3:31 PM, Daniel Robbins <drobbins@funtoo.org> wrote: > > > "Professional" is more defined by its opposite, "unprofessional". Maybe > there is more consensus around that word. In a professional environment, > people make an effort to be polite, friendly, cooperative. There are > consequences for being disruptive, abusive, rude. Likewise, in Gentoo, we > should have the same. Maybe not as strict -- but a general understanding > that you are part of a community and expected to contribute positively to > the community -- not just positive technical work, but make a positive > contribution as a HUMAN BEING. > And I will reply to my own post, and say that it is this friendly, cooperative, supportive behavior that quite a few Gentoo Developers just do naturally, but some may go "What!?! Oh, I am expected to actually be pleasant and positively represent Gentoo in the community!?!? Fuck! I just wanted to work on <insert project here> and be an ass 99% of the time." Let's get the message out that this is not OK. -Daniel [-- Attachment #2: Type: text/html, Size: 1539 bytes --] ^ permalink raw reply [flat|nested] 29+ messages in thread
* Re: [gentoo-project] RFC: Expanding Foundation Bylaws, section 4.9 Termination from Membership 2018-02-10 22:36 ` Daniel Robbins @ 2018-02-10 22:46 ` Andreas K. Huettel 0 siblings, 0 replies; 29+ messages in thread From: Andreas K. Huettel @ 2018-02-10 22:46 UTC (permalink / raw To: gentoo-project [-- Attachment #1: Type: text/plain, Size: 1431 bytes --] Am Samstag, 10. Februar 2018, 23:36:06 CET schrieb Daniel Robbins: > On Sat, Feb 10, 2018 at 3:31 PM, Daniel Robbins <drobbins@funtoo.org> wrote: > > "Professional" is more defined by its opposite, "unprofessional". Maybe > > there is more consensus around that word. In a professional environment, > > people make an effort to be polite, friendly, cooperative. There are > > consequences for being disruptive, abusive, rude. Likewise, in Gentoo, we > > should have the same. Maybe not as strict -- but a general understanding > > that you are part of a community and expected to contribute positively to > > the community -- not just positive technical work, but make a positive > > contribution as a HUMAN BEING. > > And I will reply to my own post, and say that it is this friendly, > cooperative, supportive behavior that quite a few Gentoo Developers just do > naturally, but some may go "What!?! Oh, I am expected to actually be > pleasant and positively represent Gentoo in the community!?!? Fuck! I just > wanted to work on <insert project here> and be an ass 99% of the time." > Let's get the message out that this is not OK. No need to discuss that, I think we fully agree on that. (Unless you really, really want to have long e-mail debates with William L. Thompson Jr. ...) -- Andreas K. Hüttel dilfridge@gentoo.org Gentoo Linux developer (council, toolchain, perl, libreoffice, comrel) [-- Attachment #2: This is a digitally signed message part. --] [-- Type: application/pgp-signature, Size: 981 bytes --] ^ permalink raw reply [flat|nested] 29+ messages in thread
* Re: [gentoo-project] RFC: Expanding Foundation Bylaws, section 4.9 Termination from Membership 2018-02-10 22:31 ` Daniel Robbins 2018-02-10 22:36 ` Daniel Robbins @ 2018-02-10 22:57 ` Michał Górny 2018-02-10 23:16 ` Matthew Thode 2018-02-11 5:03 ` Daniel Robbins 1 sibling, 2 replies; 29+ messages in thread From: Michał Górny @ 2018-02-10 22:57 UTC (permalink / raw To: gentoo-project W dniu sob, 10.02.2018 o godzinie 15∶31 -0700, użytkownik Daniel Robbins napisał: > On Sat, Feb 10, 2018 at 10:39 AM, Andreas K. Huettel <dilfridge@gentoo.org> > wrote: > > > > > > That, however, is exactly the opposite of another understanding of > > professional, which intends to attract seasoned system administrators or > > company representatives. > > > "Professional" is more defined by its opposite, "unprofessional". Maybe > there is more consensus around that word. In a professional environment, > people make an effort to be polite, friendly, cooperative. There are > consequences for being disruptive, abusive, rude. Likewise, in Gentoo, we > should have the same. Maybe not as strict -- but a general understanding > that you are part of a community and expected to contribute positively to > the community -- not just positive technical work, but make a positive > contribution as a HUMAN BEING. > I think the key thing in behaving 'professional' is being able to put your private differences and/or conflicts aside, and work with other developers as the situation demands it. The the contrary, examples of 'unprofessional' behavior would include actions such as rudely rejecting requests from a particular developer [1], or escalating personal issues to commit messages [2]. [1]:https://bugs.gentoo.org/627592#c1 [2]:https://gitweb.gentoo.org/repo/gentoo.git/commit/?id=f411e279bcad67780663c7973f0d021da4485159 -- Best regards, Michał Górny ^ permalink raw reply [flat|nested] 29+ messages in thread
* Re: [gentoo-project] RFC: Expanding Foundation Bylaws, section 4.9 Termination from Membership 2018-02-10 22:57 ` Michał Górny @ 2018-02-10 23:16 ` Matthew Thode 2018-02-11 5:03 ` Daniel Robbins 1 sibling, 0 replies; 29+ messages in thread From: Matthew Thode @ 2018-02-10 23:16 UTC (permalink / raw To: gentoo-project [-- Attachment #1: Type: text/plain, Size: 2152 bytes --] On 18-02-10 23:57:02, Michał Górny wrote: > W dniu sob, 10.02.2018 o godzinie 15∶31 -0700, użytkownik Daniel Robbins > napisał: > > On Sat, Feb 10, 2018 at 10:39 AM, Andreas K. Huettel <dilfridge@gentoo.org> > > wrote: > > > > > > > > > That, however, is exactly the opposite of another understanding of > > > professional, which intends to attract seasoned system administrators or > > > company representatives. > > > > > > "Professional" is more defined by its opposite, "unprofessional". Maybe > > there is more consensus around that word. In a professional environment, > > people make an effort to be polite, friendly, cooperative. There are > > consequences for being disruptive, abusive, rude. Likewise, in Gentoo, we > > should have the same. Maybe not as strict -- but a general understanding > > that you are part of a community and expected to contribute positively to > > the community -- not just positive technical work, but make a positive > > contribution as a HUMAN BEING. > > > > I think the key thing in behaving 'professional' is being able to put > your private differences and/or conflicts aside, and work with other > developers as the situation demands it. > > The the contrary, examples of 'unprofessional' behavior would include > actions such as rudely rejecting requests from a particular developer > [1], or escalating personal issues to commit messages [2]. > > [1]:https://bugs.gentoo.org/627592#c1 > [2]:https://gitweb.gentoo.org/repo/gentoo.git/commit/?id=f411e279bcad67780663c7973f0d021da4485159 > I think it's both. You need to act professionally (putting aside differences, etc), AND you need to be disruptive, abusive, rude (at the minimum), at best you should also be polite, friendly, cooperative. The reason I say both are needed is because it's easy to act professional but still be abusive (a coworker going over every commit you make with a fine toothed comb for instance). On the other hand it's also possible to be friendly without being professional about things (a coworker not being focused on work). -- Matthew Thode (prometheanfire) [-- Attachment #2: signature.asc --] [-- Type: application/pgp-signature, Size: 833 bytes --] ^ permalink raw reply [flat|nested] 29+ messages in thread
* Re: [gentoo-project] RFC: Expanding Foundation Bylaws, section 4.9 Termination from Membership 2018-02-10 22:57 ` Michał Górny 2018-02-10 23:16 ` Matthew Thode @ 2018-02-11 5:03 ` Daniel Robbins 1 sibling, 0 replies; 29+ messages in thread From: Daniel Robbins @ 2018-02-11 5:03 UTC (permalink / raw To: gentoo-project [-- Attachment #1: Type: text/plain, Size: 770 bytes --] On Sat, Feb 10, 2018 at 3:57 PM, Michał Górny <mgorny@gentoo.org> wrote: > > The the contrary, examples of 'unprofessional' behavior would include > actions such as rudely rejecting requests from a particular developer > [1], or escalating personal issues to commit messages [2]. > > [1]:https://bugs.gentoo.org/627592#c1 > [2]:https://gitweb.gentoo.org/repo/gentoo.git/commit/?id= > f411e279bcad67780663c7973f0d021da4485159 Wow -- another person on the Gentoo project was rude. Let's stop pointing fingers, everyone. This isn't productive. Just get some good sleep, wake up tomorrow, realize that we all have the capability of being assholes, and be so sick of asshole behavior that we vow to try our best to not be assholes to others! -Daniel [-- Attachment #2: Type: text/html, Size: 1356 bytes --] ^ permalink raw reply [flat|nested] 29+ messages in thread
end of thread, other threads:[~2018-02-11 5:03 UTC | newest] Thread overview: 29+ messages (download: mbox.gz follow: Atom feed -- links below jump to the message on this page -- 2018-02-08 4:50 [gentoo-project] RFC: Expanding Foundation Bylaws, section 4.9 Termination from Membership zlg 2018-02-08 5:41 ` Daniel Robbins 2018-02-08 21:18 ` zlg 2018-02-08 21:34 ` Daniel Robbins 2018-02-08 22:03 ` Rich Freeman 2018-02-08 22:17 ` Matthew Thode 2018-02-08 22:33 ` Daniel Robbins 2018-02-08 22:39 ` Matthew Thode 2018-02-09 7:32 ` Ulrich Mueller 2018-02-09 7:48 ` Daniel Robbins 2018-02-09 8:04 ` Ulrich Mueller 2018-02-09 8:20 ` Daniel Robbins 2018-02-09 9:00 ` zlg 2018-02-10 17:29 ` Andreas K. Huettel 2018-02-09 14:23 ` Matthew Thode 2018-02-09 8:24 ` Michał Górny 2018-02-09 8:32 ` Daniel Robbins 2018-02-10 17:17 ` Andreas K. Huettel 2018-02-08 22:29 ` Daniel Robbins 2018-02-08 22:43 ` zlg 2018-02-08 23:04 ` Daniel Robbins 2018-02-08 23:12 ` M. J. Everitt 2018-02-10 17:39 ` Andreas K. Huettel 2018-02-10 22:31 ` Daniel Robbins 2018-02-10 22:36 ` Daniel Robbins 2018-02-10 22:46 ` Andreas K. Huettel 2018-02-10 22:57 ` Michał Górny 2018-02-10 23:16 ` Matthew Thode 2018-02-11 5:03 ` Daniel Robbins
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