Updates:

On Fri, 11 Jun 2021 at 21:12, Dave Cridland <d...@cridland.net> wrote:

>
>
> On Fri, 11 Jun 2021 at 17:10, Kevin Smith <kevin.sm...@isode.com> wrote:
>
>> I’m just picking at replies here - as I said in the chatroom I think this
>> is a generally positive direction and want to thank the people involved.
>> (I did make two suggestions there)
>>
>>
> For the record (and my notes), I'll paraphrase these here:
>
> * "No person has any automatic right to join a chatroom, or write a XEP."
> in §3 ought to be something else, since writing a XEP doesn't need the
> XSF's permission as such.
>
> I'm not sure what this can be, but I accept that writing private
> extensions using the XEP format and publishing them independently might be
> considered "writing a XEP", and that's not within the XSF's purview.
>
>
I've reworded this slightly to use "the XEP series" as an example of "XSF
documents"


> * There's limitations on what the XSF (via the Board) can sanction a
> member for; in particular removal of any rights stipulated in the bylaws.
>
> The ramifications of this one are really interesting. Is ejecting a member
> from the members mailing list allowed? Probably, but that may mean they're
> not notified about a meeting, which is a bylaw right (or a
> responsibility of the XSF at least). Members can be removed, but with
> difficulty. I wouldn't want this to be made any easier, either.
>
> It may be as simple as noting that XSF Members, while held to a higher
> standard as regards the Code of Conduct, have certain immunities with
> regards to potential sanctions, and so members may have to take that into
> account when voting them in.
>
>

Done something like this.


> On 11 Jun 2021, at 15:18, Dave Cridland <d...@cridland.net> wrote:
>>
>> > The Conduct Team will always hand its recommendation on Sanctions or
>>> > other Actions to the Board. The Board will discuss and vote on these
>>> > "in camera" (ie, not in public and not minuted).
>>>
>>> It seems like there's not much point having a conduct team if the board
>>> also has to relitigate their decisions. I'd just allow the board to
>>> delegate this authority fully (which presumably they could do anyways
>>> and this document doesn't curtail board power?)
>>>
>>>
>> I was in two minds about this, so thanks for raising it.
>>
>> I went for Board ratification of decisions mostly for the ease of
>> managing the authority, but also in part because then the Conduct Team
>> becomes an investigatory and deliberatory team instead of both judge and
>> jury.
>>
>> But you're right in that this might end up with Board relitigating the
>> decisions rather than just providing the final go-ahead decision and acting
>> as a blame deflector.
>>
>>
>> I think that if we were to find that the Board consistently disagrees
>> with decisions made by the Conduct Team, the Board would likely have to
>> look at who they’d put on the Conduct Team.
>>
>> If the Board has to approve the Conduct Team’s decision by really looking
>> at it and considering if it’s reasonable, is that not basically going
>> through the appeals procedure pre-emptively?
>>
>>
> I don't think so.
>
> Where there are valid appeals, this may mean the Conduct Team hasn't done
> its job right in finding the facts, or it may mean that despite their best
> efforts, there was information they were unaware of.
>
> But equally, I don't think most cases will result in any appeal at all,
> and frequently no actions.
>
> As a real example, two (or three, depending how you count) FOSDEMs ago I
> made a comment to Edwin, saying that I'd noticed - and I quote myself as
> best as I can recall after two and a half years - that there seemed to be
> "a much better proportion of girls in cybersecurity than elsewhere in our
> industry". Edwin rightly pointed out that referring to professional women
> as "girls" was more than a bit condescending, and I accepted that and
> nothing more was said. (As Sam suggests, he did so quietly and calmly, and
> didn't dox me on the mailing list, making it much less likely to put me on
> the defensive and escalate the situation).
>
> Under this Code of Conduct, Edwin (and perhaps also me) would drop an
> email to the Conduct Team, more for them to keep a finger on the pulse than
> anything else. Edwin would note that he called me out on it, and that I
> took the criticism in the way he'd intended. I'd expect the Conduct Team to
> do precisely nothing, maybe double check with me that I did now understand
> how my comment could be perceived - but possibly just take Edwin's word for
> it that I do.
>
> And for the record, I do - while referring to "the girls" and "the boys"
> to include adults is perfectly common idiom here, I do realise that in a
> professional context, and particularly with non-native speakers (and for
> all I know, non-UK speakers), it might well come across condescending,
> whatever my intent. By avoiding that idiom, I make our community a little
> more welcoming (see §2.1) for very little effort on my part.
>
> But back to the point - what am I going to appeal? Am I going to complain
> that they should remove me from the stand at FOSDEM? Am I going to say they
> shouldn't have spoken to me (and if so, how are they going to un-speak to
> me?).
>
> I've tried to make the policy "scale down" to quick resolutions and
> course-corrections like this, and I don't see any likelihood that these
> will generate appeals. The introduction of sanctions is, by its nature,
> exclusionary - sanctions may be required to minimize the exclusion, but
> they're a last resort.
>
>
>> I’m not sure I have a strong sensible opinion on this one, it seems
>> non-trivial.
>>
>
> Notwithstanding the above, it's not necessary for the Board to make the
> final decision - I did it that way based on a virtual coin-flip, but fully
> delegating the authority seems fair too.
>
> Or indeed partially - we could involve Board when sanctions or public
> statements are felt to be needed by the Conduct Team, but otherwise let
> them get on with it and just report.
>
> Honestly, I haven't even decided if I'm ambivalent on this point.
>
> Dave.
>
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