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W dniu czw, 31.05.2018 o godzinie 14∶01 -0500, użytkownik Matthew Thode |
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napisał: |
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> On 18-05-31 20:45:32, Michał Górny wrote: |
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> > Hello, everyone. |
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> > |
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> > I have recently noticed that Trustees have been removing active Gentoo |
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> > developers from the Foundation. This has at least taken place before |
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> > the 2017/2018 Trustee election. I would therefore like to request |
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> > Trustees to reply to that in context of Foundation Bylaws. |
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> > |
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> > |
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> > To be more specific, Bylaw 4.4 states (emphasis mine): |
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> > |
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> > Section 4.4. Continuation of Membership |
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> > |
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> > *Full members who remain Gentoo developers shall have their |
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> > membership continued until it is terminated in accordance |
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> > with 4.8 or 4.9.* |
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> > |
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> > Full members who retire from the Gentoo project shall have there |
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> > membership continued while they indicate that they remain interested |
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> > in the affairs of the Foundation unless their membership is terminated |
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> > in accordance with 4.8 or 4.9. |
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> > |
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> > Criteria for loss of interest in the foundation shall be determined by |
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> > the trustees, from time to time. [1] |
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> > |
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> > For the record, 4.8 and 4.9 are, appropriately: |
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> > |
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> > Section 4.8. Voluntary Withdrawal from Membership |
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> > |
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> > Members may withdraw from membership in the foundation at any time |
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> > upon thirty (30) days' written, signed notice delivered to an officer |
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> > of the foundation, which notice may be by cryptographically signed |
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> > electronic mail with a valid signature. |
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> > |
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> > Section 4.9. Termination from Membership. |
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> > |
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> > Membership may be terminated by a majority vote of the board of |
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> > trustees in the event that any member acts contrary to the purpose(s) |
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> > of the Gentoo Foundation. |
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> > |
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> > The Bylaws therefore clearly state that active Gentoo developers remain |
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> > Foundation members until they *voluntarily* withdraw their membership, |
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> > or act contrary to the purposes of Foundation. Removal as a result of |
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> > 'loss of activity' applies only to retired developers. |
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> > |
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> > |
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> > Now, in May of 2015 the Foundation member list have been updated with |
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> > a number of members being removed (with no comment suggesting why |
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> > the update took place) [2]. According to data on file (LDAP), among |
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> > the removed Foundation members there were 10 active Gentoo developers |
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> > at the time: |
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> > |
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> > - deathwing00 |
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> > - djc |
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> > - flameeyes |
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> > - hattya |
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> > - jkt |
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> > - rafaelmartins |
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> > - scarabeus |
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> > - titanofold |
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> > - xmw |
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> > - yngwin |
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> > |
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> > Even if we assume that some of those people were already in process of |
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> > being retired (or considered for retirement) at the time, this leaves 5 |
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> > developers who are still active today. |
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> > |
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> > I have confirmed that the people listed above were also removed from |
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> > voter list for 2017/2018 Trustee election [3]. Apparently the decision |
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> > was made during the 20170326 meeting, and was approved by positive vote |
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> > from all Trustees [4][5]. |
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> > |
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> > |
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> > So why were you removing active Gentoo developers, contrary |
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> > to the Bylaws? Were you unaware of Bylaws by which the Foundation |
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> > operates? Or did you fail to verify the list? |
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> > |
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> > What should be done about developers who were unjustly removed? What |
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> > should be done about Trustees elected in 2017/2018 election whose |
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> > electorate was changed in violation of Bylaws? |
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> > |
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> > |
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> > [1]:https://wiki.gentoo.org/wiki/Foundation:Bylaws |
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> > [2]:https://wiki.gentoo.org/index.php?title=Foundation:Member_List&diff=642628&oldid=627658 |
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> > [3]:https://gitweb.gentoo.org/proj/elections.git/tree/completed/trustees-201707/voters-trustees-201707 |
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> > [4]:https://projects.gentoo.org/foundation/2017/20170326.log.txt |
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> > [5]:https://wiki.gentoo.org/wiki/Foundation_Talk:Meetings/2017/02 |
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> > |
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> |
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> What we did was legal, as it was affirmed by a vote (fulfilling 4.9). |
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> Cause given was given in your 5th link, failure to vote signifying working |
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> against the interests of the foundation. |
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|
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I understand that you feel like you've been put in a corner and are |
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clutching at straws to justify the fact that you've probably violated |
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the law... but how exactly does not voting implies working against |
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the interests of the foundation? |
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Given that the purpose of the Foundation is 'far the advancement and |
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education and promotion of software development in an open |
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environment'... how does not voting in an election go against |
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'advancement and education and promotion of software development |
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in an open environment'? Are you implying that as a result of non- |
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voting the result of the election was harmful to the Foundation? |
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|
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Also, since those people were apparently deliberately working against |
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the interests of the Foundation, are you going to attempt to pursue |
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legal action against them? |
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> https://wiki.gentoo.org/wiki/Foundation_Talk:Meetings/2017/02 |
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> |
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> It can (and likely will) be argued that is not enough for the kicked |
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> people to be kicked, but the Trustees determined that it was enough. |
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> Further, the kicked people were never disallowed from reapplying to the |
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> foundation (but that's beside your point). |
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Were they informed of that? If you tell someone that you're kicking him |
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from some group because of some action, they usually take that as a kind |
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of punishment and don't assume they can immediately reapply. |
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|
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-- |
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Best regards, |
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Michał Górny |