To: sudo-discuss <sudo-discuss(a)lists.sudoroom.org> Cc: Date: Thu, 7 Mar 2013 02:43:28 -0800 Subject: Re: [sudo-discuss] conflict resolution proposal Dear Sudo folk - As now ought to be assumed amongst the illustrious Sudo Room body, dedicated as we are to a deliberative process, a point of contention arose around the process itself. The honest disagreement and confusion, as far as I understand it, is fundamentally about how we agree to approve the establishment of a position deputized to make sure the process is followed and make sure that conflicts move towards fair and efficient resolution. If the previous sentence makes some sense but also makes your head hurt, as it does mine, you won't be surprised to find out there was some confusion in this evening's meeting over what exactly we're supposed to do. The vote on adding the role of constable came up as was announced last week, and it was agreed that Anthony has followed meticulous process as we have it laid out so far, giving everyone plentiful opportunity to discuss and object and to make available in-person and on-line opportunities to improve on the proposal. Discussion over the need for such a role has persistently come up that represented various points of view on several specific aspects of the proposal. Debate was halted at regular intervals to give the less aggressive and talkative folks (in addition to me) around an opportunity to interject; and everyone was reminded of the option for anonymous commenting on the etherpad and for direct editing on the wiki. This took place over a period of about 6 weeks and more, in as formal a method as we've made up along the way so far. The reasonable difference in interpretation to put it simply, is how to add a position to the Articles of Association by: (1) 2/3 vote; or must be done (2) by consensus. There are many other issues implied by this for sure, some of which have been brought up already and other conditionals still to be worked out. I also think re-hashing the play-by-play events of tonight would be unproductive and that considerations on the merits of the constable role be limited to high-level comments and would be best served without delving into too many details about the role. In other words, I'm suggesting we separate out the process by which we (a) find consensus on language amending the articles of association; and (b) decide on whether we need to add a Constable (or related functionary) role. So this is the part where it gets kind of tricky. Here are some questions it seems to me need to be clarified in order to move forward: What does the Amendments section of the Articles ( http://sudoroom.org/wiki/Articles_of_Association#Article_4._Amendments) say about the process by which we approve adding a functionary position? What does the Functionaries section ( http://sudoroom.org/wiki/Articles_of_Association#Section_2.2_Sudo_Functiona…) say about how to amend the Articles to create another position? Do the decision procedures categorized in the dispute resolution process ( http://sudoroom.org/wiki/Articles_of_Association#Section_3.4_Enforcement) give us guidance on the process that should be followed in creating a new functionary role? If so, what process ( http://sudoroom.org/wiki/Articles_of_Association#Sub-Section_3.40_Process) for approving the addition of a Constable (or equivalent) role be followed? What part of the agenda structure ( http://sudoroom.org/wiki/Articles_of_Association#Sub-Section_3.0.1_Agenda) is the most appropriate category for adding a functionary role? How do we go about advancing our values ( http://sudoroom.org/wiki/Articles_of_Association#Values) in making these decisions? I won't represent anyone else's position on their behalf, but will say that I think consensus is not the right process by which the Constable role be approved. This being said, I do think that whatever language is drafted to amend the Articles to include this new role be done by consensus. Having a common understanding of how this ought to be done in detail is crucial, in my opinion, to avoid further misunderstandings and wide divergence of interpretation. I propose as I did at the meeting tonight that these two parts of the decision need to be disentangled for any progress to be made. Upon reflection, I would have presented that proposal differently and with more specific reference to the Articles. Suffice it to say that we're figuring out how to do this stuff in some ways we're not used to, and that we all have a lot to learn from each other. In sum, I propose that there be a vote next week on adding a Constable (or equivalent) to the functionaries in the Articles, and that the vote require 2/3 approval, our highest threshold thus far. Since there are so many ancillary issues, I'd rather hear other Sudo folks' perspective before making too much of a case for this way of moving forward. Seems to me that the complications of getting to this vote make the greatest case for the need for such a role, to keep things moving in a productive direction. The constable (or ombudsperson as I had proposed), is not an ultimate judge of conflicts in my understanding. In fact, rotating ombudspeople and/or a jury of peers is more along the lines of what I've heard proposed. Rather, I think we need someone like a Constable to make sure we get unstuck when trying to resolve disputes and decide on things. May God Bless Sudo Room. sent from eddan.com ---- On Feb 22, 2013 11:17 PM, "Anthony Di Franco" <di.franco(a)gmail.com> wrote: Sudyo, I have edited in a more advanced draft of my proposal for a rigorous conflict resolution process and for the role of a Constable to facilitate the keeping of open and transparent records about conflicts and where their resolution stands. I emailed a bit about this a few weeks ago in response to the long and unsatisfactory non-process the group had just spent a lot of time in, and I presented a much briefer version of this proposal at last week's meeting. I intend to have it up for a vote at the next eligible meeting. I have tried to incorporate the feedback I received during the meeting and to think through a process that would capture the original intent of the sketchy previous language but flesh it out with comprehensive detail and precision, and I had firmly in mind the memories of the shortcomings of the old process in practice. While I was there mucking around in the articles I fixed a few other odd things that were lying around. (It also still seems to me that the numbering is off.) The whole draft, with my and other changes, is, as usual, here: http://sudoroom.org/wiki/Articles_of_Association/Draft Highlights: Emphasize horizontality in the Functionaries in general and in the Constable in particular: section 2.2: "Any member of sudoroom may perform any of the functions of any of the Functionaries, but the Functionaries are expected to perform their duties regularly and must perform them if no one else can or will." and section 3.4.1 below. Define role of Constable (section 2.2) Point person for facilitating the conflict resolution process according to the Articles, but not necessarily a moderator. Stewards selection of a moderator and schedules meetings among conflicting parties and moderator. Documents all meetings and communications relevant to the conflict resolution process. Promotes good-faith participation in the process by conflicting parties on a basis of mutual respect and growth towards better relationships and a stronger community. If conflict resolution goes before the whole group, co-facilitates with Facilitator, and handles points of information about conflict resolution with reference to the documentation. Does not act as Constable in conflicts involving self. Precise and comprehensive conflict resolution procedure: Section 3.4 Enforcement [edit]Sub-Section 3.4.0 Process The resolution of disputes and disagreements within sudo room is encouraged through informal process and the spirit of a collaborative environment. There is a process, however, by which issues that are not resolved informally and that arise within the scope of these articles of association: The party who seeks resolution finds someone to act as Constable in the matter, and works with this Constable to find a Mediator. The Mediator is an impartial and uninvolved third party who consents to assist, and with whom all conflicting parties consent to work with towards a solution. The Constable organizes meetings for conflict resolution and maintains records of all meetings and relevant communications among the conflicting parties. The Constable, Mediator, and the conflicting parties arrange to meet to work out a resolution to the conflict that all conflicting parties consent to. If at least one conflicting party does not consent to meet, or if at least one conflicting party is unavailable to meet in a reasonable time, all relevant circumstances considered, or if the Constable and Mediator agree after at least one meeting that further meetings would not be likely to lead to resolution, the issue is brought before the group in the following way: The issue is added to the agenda of the next official meeting scheduled at least one week in the future, and all relevant documentation is gathered together by the Constable and made available to the group at least one week beforehand, preferably on the wiki, and notice is broadcast to the group, preferably on the mailing list, but information that would compromise anyone's privacy or dignity is not made public. In the description of the issue, the form of redress sought in by the plaintiff(s) is included. Both the Constable and Mediator must give their approval of the factual content of the documentation before it is posted. Both the Constable and Mediator must expressly affirm that the form of redress sought by the plaintiff(s) is consistent with sudo room's values. During each meeting's agenda item on Conflict Resolution, all unresolved issues on the wiki are brought up for discussion followed by a vote. First, the Constable presents all relevant documentation about the issue. Then, a category of severity is established by consensus according to sudo room's values and the facts of the case. The category determines the voting threshold for sustaining a sanction against any party to the conflict. The categories are (in order of decreasing severity): Any matter calling for membership suspension or termination. Decision Procedure: 2/3 vote Other serious conflict. Decision Procedure: 2/3 vote Conflict where only fiscal issues are involved and only fiscal redress is sought. Decision Procedure: 1/2 vote All other conflicts. Decision Procedure: Consensus Positive feedback. Decision Procedure: Auto-approval Then, the opportunity to represent perspective is granted to each conflicting party and to the Mediator, and general discussion may be held about the issue if any member wishes. The Constable co-facilitates with the Facilitator in order to answer questions specific to the conflict and provides information about the history of the conflict by referring to the documentation. Then, a brief period of deliberation of definite time is held, during which members are free to consider the issue or discuss it directly with others. Then, members may propose alternative remedies to the conflict, which are added to a list of potential remedies if neither the Constable nor the Mediator objects. They may be overruled in their objections if a second member supports the proposal. Finally, a vote is held on the plaintiff(s)' proposed remedy, and then alternative remedies are voted upon in the order they were proposed, but only if at least one member indicates that the one under consideration is still relevant. After all remedies have been considered in this way, the matter is considered resolved. Any conflicting party unsatisfied with the decision may place an appeal on the agenda in the same way that conflicts are placed on the agenda, except that a majority of the group must vote to accept the appeal during a meeting, and the process begins anew. The appeal must propose an alternative remedy and refer to values that were not served by the original decision. If at the end of any step in the process more than an hour has passed during the current meeting in considering the conflict, any member may request that a majority vote be held on whether to table the conflict until the next meeting. [edit]Sub-Section 3.4.1 Principles and Values Specific to Conflicts The accused are presumed innocent unless and until proven otherwise beyond reasonable doubt. Respect for the privacy and dignity of all members is consistently maintained. Proportional and effective remedies should be sought. Restorative remedies are strongly preferred over retributive remedies. More precise language about functionaries: Facilitator Maintains the agenda for meetings, ensures topics are dealt with, and recognizes speakers in a fair and inclusive way. Ensures that all group business is handled and all group decisions are made in the way described in these Articles of Association, by bearing them in mind and referring to them whenever needed. Uses own best judgment to resolve ambiguity in the Articles of Association about how business is handled in meetings, but may be challenged in this by anyone who does not consent, which results in a majority vote on sustaining or overturning the Facilitator's judgment. Scribe Takes notes during meetings and collaborates with others to include their notes in final meeting minutes. Posts notes publicly after each meeting. Exchequer Presents the budget during meetings, as articulated in the budget process below. Receives dues and donations and pays expenses on behalf of the group, using the group's accounts. Maintains accurate budget documentation and makes it available to the group. Constable Point person for facilitating the conflict resolution process according to the Articles, but not necessarily a moderator. Stewards selection of a moderator and schedules meetings among conflicting parties and moderator. Documents all meetings and communications relevant to the conflict resolution process. Promotes good-faith participation in the process by conflicting parties on a basis of mutual respect and growth towards better relationships and a stronger community. If conflict resolution goes before the whole group, co-facilitates with Facilitator, and handles points of information about conflict resolution with reference to the documentation. Does not act as Constable in conflicts involving self.