[Osmf-talk] OpenStreetMap Poland Local Chapter Application : status of "paid services" and LC financial resources

Tue Feb 2 15:26:51 UTC 2021

Hi all,

Thanks Rory for opening the community discussion about OSM Polska LC
application.
Thanks for those who chimed in the conversation.
Aside from the points already covered, I'd like to stress another
discussion topic I think we need to consider: it's about the status of
"paid services" within the resources of a LC. This is a point I made
during the community discussion of the MapUganda LC application (it
reads as a diary note [1]).

The part of discussion which relates to paid services within OSMF and
given OSMF LCs, reads below:

"We shall first look back at OSMF and LC and remind ourselves of the
early ages of the OSM project when its ecosystem was nascent and
review some of the strengths that lead to its current affirmation.
Frederik’s question brings us with the non written rule or the
jurisprudence behind the practices under which OSMF and LC from
“developed” countries have been functioning resources-wise so far:
banning paid services from their resources. This is true at OSMF. This
is equally true in given LC like OSMFR where this banning of “paid
services” from the actual resources of the association is collectively
restated year after year at its AGM. This choice in terms of OSMF
resources as well as the choice of keeping the Foundation small (in
its resources, staffing, perimeter of actions) has the benefit to
leave the provision of paid services provision in the hands of
“business” entities of all types (freelancers, associations,
cooperatives, NGOs, business firms…) outside of the OSMF which largely
remains a volunteer-based organization. This allows OSMF neutrality
vis a vis business entities. This limits the room for business logics
as well as conflict of interests in the OSMF which has to handle the
influence of business and business logics without having to operate
with business logics. This efficiently limits the “benefits” members
and especially directors can expect from OSMF. This also safeguards
reasonably the OSMF Board so that professionals or members of business
entities can participate without breaking OSMF neutrality towards
economic operators. These choices contribute essentially to the
autonomy of the OSMF and the OSM sustainability in the long run
allowing for a diversified ecosystem and free interactions of all
actors including business entities of all sorts. This community
discussion about MapUganda LC approval highlights the needs to revise
and consolidate parts of LC and OSMF aspects and processes, these
future discussions shall feature making this “paid services”
jurisprudence a written law as well as defining the essential
perimeter of actions of the OSMF which has been recently enlarged to
system administration, software development, fundraising and human
resources not without yielding questions about possible changes this
can brought to the model of the small OSMF which spearheaded the
growth of the project up to now."

I'd be interested in hearing from you on this topic within:
* the context of this OSM Polska LC application ; but also
* As a practice for consideration/thinking in OSMF which could lead,
if deemed relevant, to codifying good practice, producing LC resource
template, possibly amending AoA.

Excellent day,
Be well and stay healthy,
Best, Nicolas.

[1]: https://www.openstreetmap.org/user/Nicolas%20Chavent/diary/395073

On Tue, Feb 2, 2021 at 11:56 AM Tomasz Ganicz <polimerek at gmail.com> wrote:
>
> Hi,
>
> I am a member of the revision committee of OSM Polska. Regarding membership acceptance:  Actually polish law requires that there is a governing body in any association which is responsible for accepting and removing members, so the point in bylaws stating which body of the association is responsible for membership issues is legally obligatory. OSM Polska has really low requirements for new members in comparison with typical Polish associations. Moreover, if one is rejected he/she can apply to General Assembly to force the Board to change the decision. Moreover Polish law forbids to reject membership on basis not stated in the bylaws (for example if the Board would start selecting people on racist or religious basis). So actually - the only reason when the Board can reject someone is if there are any proves that the given person  acts against the OSM, because it is stated in bylaws.
>
> Regarding presence on General Assembly: till now all Assemblies where physical - but according to Polish law - the member can be represented by another member (it requires written agreement which is added to the minutes) - it is also possible to join the meeting on-line. During previous assemblies there were such cases - I personally was once represented by another member. Actually, most probably this year General Assembly will be completely on-line due to Polish pandemia regulation, as in ,most other Polish associations. The Bylaws do not state the technical form of General Assembly as the regulations regarding it are regulated by general civil law and changes over time. Due to pandemia - these regulations have been changed substantially - to allow and regulatate 100% on-line assemblies.
>
>
> wt., 2 lut 2021 o 10:25 Craig Allan <allan at iafrica.com> napisał(a):
>>
>> Hello,
>>
>> The Polish Local Chapter application seems to be sufficiently in order.  I support it as it stands.
>>
>> It could be a bit better, so some comments on optional changes follow:
>>
>> Noting: The issue about members needing to be approved by the Board is not, in my opinion, an obstacle. I like the idea that the Board should be aware of every new member and should formally note their membership and welcome them - quite similar to how Local Chapters are formally reviewed and welcomed by OSMF.
>>
>> I'd prefer if it explicitly stated that refusal of membership should be for a stated reason, the reason should be provided to the applicant and that refusal does not bar later application if the problems are cleared.
>>
>> It does say that "any person" can join, but it would be good to see a non discrimination clause in the articles of association that covers the usual problems - discrimination by age, race, national origin, language, gender identity, sex, sexual orientation, religion etc. etc.
>>
>> Making the definition of "present" at a general meeting more clear is important. Physical presence, virtual presence or presence by granting proxy voting rights to another member are options.
>>
>> The issue of being specific about fees is not important. It is a local issue. I believe that AoA clauses should be principles not details. There should simply be a clause in the AoA that the Board may set membership fees subject to approval by a general meeting. I would like it if they had a clause that says that fee exemption for a member is possible for good reasons and may be granted by the Board in a closed session.
>>
>> best wishes
>> Craig Allan
>> OSM: cRaIgalLAn
>> Wiki: CRaIgalLAn
>> ============================================================================
>> On 2021/02/01 22:52, Rory McCann (OSMF Board) wrote:
>>
>> Hello,
>>
>> You may be aware that Stowarzyszenie OpenStreetMap Polska has applied to become an official Local Chapter of the OpenStreetMap Foundation for Poland. As part of the application process, we would like to ask you, the OSMF membership, about this. Do you support this application? Do you have any questions, comments or concerns?
>>
>> You can find all the information about this Local Chapter application on the OSMF website:  https://wiki.osmfoundation.org/wiki/Local_Chapters/Applications/Poland
>>
>> We will close this round of discussion two weeks from now (i.e. 14 Feb 2021).
>> You can reply here or contact the OSMF Board privately: board at osmfoundation.org
>> Please tell anyone about this application who might be interested. We want feedback.
>>
>> I am looking forward to hearing your responses.
>>
>> Thank you to the OSM Poland team for this submission.
>>
>>
>> _______________________________________________
>> osmf-talk mailing list
>> osmf-talk at openstreetmap.org
>> https://lists.openstreetmap.org/listinfo/osmf-talk
>
>
>
> --
> Tomek "Polimerek" Ganicz
> http://pl.wikimedia.org/wiki/User:Polimerek
> http://www.ganicz.pl/poli/
>
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-- 
Nicolas Chavent
Les Libres Géographes
Projet OpenStreetMap (OSM)
Projet Espace OSM Francophone (EOF)
Projet GeOrchestra
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