[Osmf-talk] May 2017 use of Code Of Conduct (CoC) for Membership control in HOT US Inc internal governance

Fri Dec 1 21:16:54 UTC 2017

Nico,
I'm responding here but please consider this a response to all of your
posts on multiple threads.

You and Sev bullied the HOT community for years, now subjecting others to
the same bullying all to try and settle old scores. It needs to stop. The
HOT community suffered from these types of posts and false accusations for
years and collectively decided you are wrong. Your vitriol and constant
accusations are devoid of fact, were and are detrimental to the positive
community we are focused on modeling and building. Yes, you've been subject
to Code of Conduct violations in the past, with reason. Not because HOT has
some anti-democratic bent but because you were rude, lied, violated
confidentially and conflict of interest policies, and sought to split the
HOT community.

Sev continually violated his legal obligations as a HOT Board. No one
incident lead to his removal but a pattern of repeated violations of his
legal obligations as a board member, which put HOT in legal risk. I won't
go into detail because I'm under legal obligation not to as a member of
that board. I was on the board and voted to for his removal, it was one of
the hardest things I've had to do in HOT. Following our bylaws, we asked
the membership to vote for his dismissal. The reasons presented to the
membership at that time was sufficient that a 2/3 majority voted to remove
him.

HOT is a better place now that these types of things don't happen. They
don't happen anymore because we enforce our Code of Conduct. Creating a
safe place and kicking out the bullies is hard work. It took HOT years to
recognize the cause of our internal animosity and to work on ways to build
a more inclusive collaborative community. We did this through the creation
of Community and Governance Working Groups (open to all members). We
developed mechanisms, approved by the membership, to help make our
conversations more productive. This is the HOT Code of Conduct
<https://www.hotosm.org/hot_code_of_conduct>. Nothing here is offensive,
nothing here should cause you to not discuss an issue, or speak your mind.
There are positive ways to talk with and respect one another and still have
disagreements. You've shown repeatedly that you cannot, thus the code of
conduct violations.

I'm sad to see that the old wounds, slights, and arguments from HOTs past
continue to be resurrected every year by the same few. I wish and hope that
we could focus on the future of OSM instead of continually looking backward
at the same arguments from the same people.

Dale

On Fri, Dec 1, 2017 at 11:36 AM, nicolas chavent <nicolas.chavent at gmail.com>
wrote:

> Dear all,
>
>
> I expressed a *principled position* about why it's important to balance
> the representation of the "Humanitarian OpenStreetMap Team US Inc" (aka
> HOT US Inc) at the OpenStreetMap Foundation Board (OSMF) Board to favour
> the diversity of OpenStreetMap perspectives in this institutional body
> [1].
>
> Rightly, Code Of Conduct (CoC) has been one topics discussed since the
> beginning of the OSMF election [2] and Heather Leson featured in his
> manifesto [3] her work at the HOT US Inc Governance Working Group to
> deliver a CoC and how CoC would be fundamental for OSMF succeeding in
> achieving its mandate.
>
> How Heather Leson triggered in HOT US Inc the use of CoC after the 2015
> OSMF Board elections against only two (myself and Severin Menard) of many
> “hotties” with a double affiliation at the OSMF who took part in the
> electoral discussions of the Foundation showed how a CoC can be used for
> membership control and constitutes a *specific reason *for balancing the
> presence of HOT US Inc reps at the OSMF Board. [4].
>
>
> In May 2017, the HOT US Inc Board used again CoC to prevent a discussion
> about Conflict Of Interest (CoI) and the solution to replace a Board
> Member who had to resign in order to comply with the CoI polity of its
> organization. That’s another CoC case and another *specific reason *for
> balancing the presence of HOT US Inc reps at the OSMF Board.
>
> After April 2017 HOT US Inc Board election [5], in May 2017 Jorieke Vyckle
> decided to step down from the Board of HOT US Inc. She joined Medecins
> Sans Frontieres (MSF) as TheMissingMap project coordinator. And with Pete
> Masters (MSF) staff there were 2 MSF staffs at the HOT US Inc Board. MSF
> CoI policy is strict and does not allow more than 1 MSF Employee at the
> Board of a partnering organization.
>
> The Board via Mikel Maron, Chair of Voting Members (or Chairman),
> communicated to the members that the Board had decided to call for a
> General Assembly and appoint as Board Officer the first non elected
> candidate of April 2017.
>
> In the past similar situations developed in HOT US Inc (due to compliance
> of Boad Officers with CoI of their organizations World Bank, White House,
> MSF). Never the solution decided at Board level had been implemented.
> Either an election was run (Feb 2013 [6], June 2015 [7])
>
> When I was at the Board with Pierre Beland, the World Bank CoI forced a
> Board Member to step down, and Mikel sought already to enforce the
> appointment of Heather Leson as first non-elected candidate of the 2012
> Election. The rationale for this was to "save time" shall this result into
> a gray democratic legitimacy for someone who had then NO experience in OSM
> and HOT. Pierre and I opposed Mikel and organized an election process which
> brought Heather Leson to the Board.
>
> I therefore emailed the membership on two points :
>
> * Call for discussions on how to best replace the resigning member and
> stick to best past practises so that the membership gave full legitimacy to
> the new Board officer.
>
> * Call for discussions on CoI in HOT US Inc and making clear that we were
> loosing our autonomy as an Org with respect to the partner-organization
> represented at our Board.
> I used the same contents and tone that I used in my 2015 HOT US Inc run up
> for the Board as well as one post on the public hot-mailing list [8] on
> this matter since they had been found acceptable like all election
> communications of this election by Russel Deffner the Chair of Voting
> Members.
>
>
> The result has been two fold :
>
> 1.  Mikel Maron as Chairman warned the members to contribute to the
> discussions that I initiated on the internal hot membership list that
> depending on their writing and contents they would be subject to CoC
>
> Discussions about alternatives to the Board decision were stopped with CoC
> complaints procedures stressed out by the Chair of Voting members ; email
> reads as below:
>
> * ---------- Forwarded message ----------*
>
> * From: <mikel.maron at hotosm.org>*
>
> * Date: Sat, May 13, 2017 at 2:02 AM*
>
> * Subject: Re: [hotosm-membership] Changes on the Board*
>
> * To: Membership <membership at hotosm.org>*
>
> * Members*
>
> * Allow me to clarify after the previous message. HOT maintains a strong
> Conflict of Interest policy that requires disclosure and recusal from any
> decision making that may impact a material interest of a Board member. This
> policy has served HOT well. Other organizations have different requirements
> in handling Conflict of Interest. In the case of Jorieke, she is following
> MSF requirements, and we are sad to see her go but understanding.*
>
> * The Board is recommending a Special Meeting where the membership will
> vote to fill the vacancy left by Jorieke with Slayer. We have only last
> month completed an election process. Slayer was the only additional member
> to run for the Board. Considering this, the sensible decision of the Board
> is to ask the membership to vote on Slayer at an upcoming Special Meeting.
> If a majority of those present at the meeting vote for Slayer, he will be
> elected. This is in accordance with the Bylaws governing HOT.*
>
> * If you have any other questions on Conflict of Interest or the upcoming
> election, please contact me directly at this point, and I will answer any
> questions. Please also keep in mind our Code of Conduct in any further
> posts on this mailing list.*
>
> * -Mikel*
>
>
> 2. I was notified about the initiation of CoC complaint procedure which
> read as follow
>
> Apparently the topics and contents of discussions carried out on the
> internal HOT US Inc membership list which were deemed compliant with CoC
> requirements in 2015 HOT US Inc Election by our Chairman Russell Deffner,
> is no longer compliant with CoC requirements in 2017 by his replacement
> Mikel Maron.
>
> That’s indicative of a significant shrinking of Freedom Of Speech within
> HOT US Inc which singles itself out from other OSM organizations and OSMF
> to start with
>
> *---------- Forwarded message ----------*
>
> * From: Mikel Maron <mikel.maron at hotosm.org>*
>
> * Date: Sun, May 14, 2017 at 4:13 PM*
>
> * Subject: Moderation*
>
> * To: Nicolas Chavent <nicolas.chavent at gmail.com <http://gmail.com>>*
>
> * Cc: HOT Board <board at hotosm.org>*
>
> * Nicolas*
>
> * Code of Conduct complaint procedures have been initiated following your
> post to the HOT membership mailing list. You will be hearing additional
> information as the process takes the next steps. No actions or
> communications are required from you at the moment.*
>
> * During the process, your messages to the membership mailing list will be
> moderated. Messages from you on different topics than the current
> complaint, and that meet the standard for good communication, may be
> approved. The complaint procedures may take into account any subsequent
> communications by you, whether direct, attempted public posts, or public
> posts.*
>
> * Sincerely*
>
> * Chair of Voting Members*
>
>
> So far, I did not hear back from my Chair of Voting Members nor my Board,
> which suggests:
>
> - A basic lack of respect for the person: “moderation” or limitation of
> Freedom of Speeches is not a trivial thing
>
> - A complete lack of the Right of the Defendant in this process
>
> - HOT US Inc CoC freshly released package and its enforcement has its
> flaws.
>
>
> Overall for the OSMF 2017 this episode stresses that:
>
> - CoC has to be approached carefully shall we do not want them to be part
> of membership/community control mechanisms
>
> - The way that CoC has been used in HOT US Inc in 2015 and 2017 to
> sanction, exclude, silent members and prevent discussions to happen on
> given topics (CoI, governance…) is indicative of a specific
> organizational democratic culture which singled it out. This culture
> contradicts the principles of internal democracy (right to information,
> freedom of speech, right of the defendants…) which form the basis of any
> real active and informed membership based organizations that OpenSource,
> OpenData and OpenStreetMap organizations are putting rightfully upfront.
>
> *Hence why there are both principled and specific reasons to balance HOT
> US Inc influence at the OSMF, favor diversity and mitigate the risks that
> go with this HOT US Inc organizational culture*
>
>
>
> Best,
>
> Nicolas
>
>
> [1]: https://www.openstreetmap.org/user/Nicolas%20Chavent/diary/42842
>
> [2]: https://lists.openstreetmap.org/pipermail/osmf-talk/2017-
> November/thread.html
>
> [3]: http://www.openstreetmap.org/user/Heather%20Leson/diary/42706
>
> [4]: https://lists.openstreetmap.org/pipermail/osmf-talk/2017-
> December/004576.html
>
> [5]: http://wiki.openstreetmap.org/wiki/Humanitarian_OSM_Team/
> Board_Elections_2017#Board_Election_Results
>
> [6]: http://wiki.openstreetmap.org/wiki/Humanitarian_OSM_Team/
> Board_Elections_2013_02#Nominations_to_replace_the_vacant_Board_Seat
>
> [7]: http://wiki.openstreetmap.org/wiki/Humanitarian_OSM_Team/
> Board_Elections_June_2015
>
> [8]: https://lists.openstreetmap.org/pipermail/hot/2015-March/007650.html
>
>
>
>
> --
> Nicolas Chavent
> Les Libres Géographes
> Projet OpenStreetMap (OSM)
> Projet Espace OSM Francophone (EOF)
> Projet GeOrchestra
> Mobile (FR): +33 (0)6 52 40 78 20 <+33%206%2052%2040%2078%2020>
> Mobile (Bénin): +22962 55 85 91 <+229%2062%2055%2085%2091>
> Email: nicolas.chavent at gmail.com
> Skype: c_nicolas
> Twitter: nicolas_chavent
>
> _______________________________________________
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>
>

-- 
sent from my mobile device

Dale Kunce
http://normalhabit.com
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