<div dir="ltr">Dear María,<div><br></div><div>I'm glad to see this progressing now the dust has settled from the past FOSS4G where the limits of a CoC were so laid bare. As before, let me know how best to assist in developing the CoC further. I sincerely hope that we can progress as a community in response to this call. </div><div><br></div><div>Best,</div><div><br></div><div>Mark</div></div><br><div class="gmail_quote"><div dir="ltr">On Mon, 10 Dec 2018 at 03:38, María Arias de Reyna <<a href="mailto:delawen@gmail.com">delawen@gmail.com</a>> wrote:<br></div><blockquote class="gmail_quote" style="margin:0px 0px 0px 0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex"><div dir="ltr">Thank you Ben! <br></div><br><div class="gmail_quote"><div dir="ltr">On Mon, Dec 10, 2018 at 1:09 AM Ben Caradoc-Davies <<a href="mailto:ben@transient.nz" target="_blank">ben@transient.nz</a>> wrote:<br></div><blockquote class="gmail_quote" style="margin:0px 0px 0px 0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex">María,<br>
<br>
thank you for taking the lead on this important issue. While in my view, <br>
the majority of OSGeo participants act with consideration and in good <br>
faith, a single malicious act is one too many. We get the behaviour we <br>
tolerate, and a strong code of conduct helps us prevent behaviour that <br>
we do not want. In addition to a code of conduct, we also need a <br>
complaint procedure to enforce it.<br>
<br>
Did we ever hear back from any other foundations about how they handle <br>
code of conduct enforcement?<br>
<br>
Note that I am not at this time available for any OSGeo roles, but I <br>
have subscribed to the coc-discuss list.<br>
<br>
Here are some of my opinions. In them, I will use words like "must" <br>
solely because I think that these words should be used in the OSGeo <br>
procedure, but please remember that these are just my opinions and I do <br>
not claim to be right or an authority on these matters. I am also not a <br>
lawyer. Whenever I refer to complaints, I mean CoC complaints not <br>
general complaints:<br>
<br>
- Everyone who is expected to handle a complaint must first be trained <br>
in the complaint procedure and the OSGeo code of conduct, have access to <br>
psychological and legal support, and be covered by OSGeo legal liability <br>
insurance. The latter likely includes all OSGeo officers.<br>
<br>
- Natural justice must apply to the complaint procedure. At some point, <br>
the respondent will receive the complaint, including the identity of the <br>
complainant and alleged witnesses. This must be disclosed to the <br>
complainant before they submit their complaint. We cannot act on <br>
anonymous complaints nor consider hearsay.<br>
<br>
- Code of Conduct enforcement is a civil matter and the standard of <br>
proof is balance of probability.<br>
<br>
- Do we ask complainants what redress they seek? This could range from a <br>
private or public apology from the respondent, private or public censure <br>
of the respondent by the conduct committee, or expulsion from OSGeo.<br>
<br>
- Complaints must be handled in confidence, except where the complainant <br>
makes them public. Breaches of confidence must be considered a CoC <br>
violation. Nothing in the procedure precludes the respondent from <br>
responding in public to a public complaint, nor shall either party be <br>
considered to have breached confidence if they seek redress through a <br>
legal authority or the courts.<br>
<br>
- María, you have already stated the need to have identified complaint <br>
handlers so that a complainant knows who will receive their complaint, <br>
and I agree. I think that, on receipt of a formal complaint, any <br>
complaint handler or other OSGeo member must forward the complaint to <br>
all complaint handlers who are not a party to the complaint (where <br>
parties include witnesses). Even with a web site form, expect half of <br>
complaints, especially the most serious ones, to be delivered to trusted <br>
individuals. The list of complaint handlers and the policy on who will <br>
receive a complaint must be prominent on the complaint submission form <br>
and information pages.<br>
<br>
- So, who is going to bell the cat? Consider outsourcing complaint <br>
handling to an independent external investigation, mediation, and/or <br>
arbitration service would remove any appearance of conflict of interest <br>
or bias, reduce harm to OSGeo complaint handlers, and protect OSGeo from <br>
legal liability.<br>
<br>
- We need a better term for complaint handler. "Conduct officer"? This <br>
would clarify their role and reduce inappropriate submission of general <br>
complaints. We need more than one. Conduct officers in their role of <br>
enforcing the code of conduct are acting on behalf of OSGeo and not as <br>
individuals.<br>
<br>
- Any complaint that may constitute a criminal offence must in the first <br>
instance be reported to authorities with jurisdiction unless the <br>
complainant is unwilling to do so. Local legal advice will likely be <br>
required. This may cover online activities: for example, the New Zealand <br>
Harmful Digital Communications Act 2015 <br>
<<a href="http://www.legislation.govt.nz/act/public/2015/0063/latest/DLM5711810.html" rel="noreferrer" target="_blank">http://www.legislation.govt.nz/act/public/2015/0063/latest/DLM5711810.html</a>> <br>
<<a href="https://www.consumerprotection.govt.nz/general-help/consumer-laws/online-safety-laws-and-rules/" rel="noreferrer" target="_blank">https://www.consumerprotection.govt.nz/general-help/consumer-laws/online-safety-laws-and-rules/</a>> <br>
prohibits online bullying and harassment and has resulted in successful <br>
prosecutions by NZ Police. Criminal complaints will take priority over <br>
but not supersede OSGeo CoC investigations, which can run concurrently; <br>
our procedure will need rules on how to handle this situation and <br>
protect the rights of both the complainant and the respondent. We should <br>
never ever think that we can handle internally something that should in <br>
the first instance be a police matter.<br>
<br>
Thanks again, María. In my view, CoC enforcement is the dirtiest job in <br>
the open source community, and I commend you for your efforts.<br>
<br>
Happy Human Rights Day! Celebrating the 70th anniversary of the adoption <br>
of the Universal Declaration of Human Rights on 10 December 1948: <br>
<<a href="https://www.un.org/en/universal-declaration-human-rights/" rel="noreferrer" target="_blank">https://www.un.org/en/universal-declaration-human-rights/</a>><br>
<br>
Kind regards,<br>
Ben.<br>
<br>
On 10/12/2018 01:49, María Arias de Reyna wrote:<br>
> Dear OSGeo community,<br>
> <br>
> As you may already know, I have been working for the last months in<br>
> improving our community procedures[1] to make it a safer space. Recent<br>
> events in the community have shown that we have a lot of work ahead.<br>
> <br>
> We all, as OSGeo, must remove the recent bullying and campaigning mentality<br>
> that is unfortunately gradually become a part of our culture. Disclosing<br>
> private data or hinting threats is not helpful and can only make our<br>
> community less comfortable for everyone. We will work on improving actions<br>
> on harmful behavior.<br>
> <br>
> This has been a slow task, but there are some actions taking place:<br>
> <br>
> CoC committee members have become inactive. I volunteered to pick up the<br>
> task and lead a new CoC committee. Right now I am the only CoC member, but<br>
> I am looking for more volunteers. If only, to make sure that if I am<br>
> involved in any CoC incident, someone else can take care of it properly as<br>
> mediator.<br>
> <br>
> I want to change also the way incidents and violations of the CoC are<br>
> reported. I noticed there are reports being done on person and on private<br>
> email, but never through the official channels (which right now is a<br>
> mailing list).To improve this, I will ask the SAC to replace the mailing<br>
> list with an alias and a form on the website. Also, there will be a public<br>
> list of who receives those emails so people reporting incidents will have a<br>
> clear understanding of who is receiving the information and decide to<br>
> contact privately only a subset of the team. Replacing the mailing list by<br>
> an alias that sends the data directly to the inbox of the CoC team is<br>
> important, as sometimes incidents are not reported just because the person<br>
> reporting is scared to leave a trace of the report or is not sure who will<br>
> be reading the report.<br>
> <br>
> Another action I am going to propose is a change on the CoC itself. Our<br>
> community has grown a lot both in diversity and in numbers, and we need a<br>
> strict code of conduct that makes sure marginalized or harrased people is<br>
> always covered by it. We can't rely anymore on just common sense and good<br>
> faith.<br>
> <br>
> Once the new board is settled, I am going to propose to change the current<br>
> CoC for another like the Contributor Covenant[2]. As it is a CoC shared by<br>
> many communities, this has the advantage of receiving the upgrades and<br>
> experience from other communities. As you can see, it fixes some of the<br>
> bugs from our CoC, like the assuming good intent and good faith[3] part<br>
> that made the current CoC useless on most cases. I will propose to add some<br>
> foreword to adapt to specifities for our community, but in my opinion, the<br>
> latest version of the Contributor Covenant is easy to read, simple, and<br>
> cover most of what we need. My hope is that this new CoC can be adapted to<br>
> all OSGeo Projects and Events that don't already have a CoC, so we have<br>
> full OSGeo universe covered by default.<br>
> <br>
> I hope this actions will prove useful in the medium term and we don't have<br>
> to see more members leaving the community. We should remember to be<br>
> empathic and kind. We are all seeking the same goals and we should<br>
> encourage cooperation, not hinder each other. I know that developer<br>
> communities are very used to these bad behaviours, but I'm confident we can<br>
> grow better.<br>
> <br>
> Have a nice day!<br>
> María.<br>
> <br>
> <br>
> [1] <a href="https://lists.osgeo.org/pipermail/board/2018-August/011640.html" rel="noreferrer" target="_blank">https://lists.osgeo.org/pipermail/board/2018-August/011640.html</a><br>
> [2] <a href="https://www.contributor-covenant.org/" rel="noreferrer" target="_blank">https://www.contributor-covenant.org/</a><br>
> [3]<br>
> <a href="https://thebias.com/2017/09/26/how-good-intent-undermines-diversity-and-inclusion/" rel="noreferrer" target="_blank">https://thebias.com/2017/09/26/how-good-intent-undermines-diversity-and-inclusion/</a><br>
> <br>
> <br>
> _______________________________________________<br>
> Discuss mailing list<br>
> <a href="mailto:Discuss@lists.osgeo.org" target="_blank">Discuss@lists.osgeo.org</a><br>
> <a href="https://lists.osgeo.org/mailman/listinfo/discuss" rel="noreferrer" target="_blank">https://lists.osgeo.org/mailman/listinfo/discuss</a><br>
> <br>
<br>
-- <br>
Ben Caradoc-Davies <<a href="mailto:ben@transient.nz" target="_blank">ben@transient.nz</a>><br>
Director<br>
Transient Software Limited <<a href="https://transient.nz/" rel="noreferrer" target="_blank">https://transient.nz/</a>><br>
New Zealand<br>
</blockquote></div>
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