[Linux-aus] Announcing Everything Open - Conference 2023

Sun Oct 23 08:20:24 AEDT 2022

Hi Kathy,

Thanks for the information. 

> On 22 Oct 2022, at 12:00 pm, Kathy Reid via linux-aus <linux-aus at lists.linux.org.au> wrote:
> I'd like to address your proposals from a constitutional perspective. 
> 

What do you propose if Council, or one member, does not do as the Constitution states must be done?

On the 17th at 9:30am I made a request of the Secretary (via email to secretary at linux.org.au as I was advised to use) for specific information, under the constitution.
As of Friday no response has been received, nor has there been a reply or any indication that they are working on it. 
I will leave you (and everyone else) to consider if Friday was the 5th business day. 
I look forward to reporting soon whether I receive it. 
> you can only make change if you're able to know the structures through which power is wielded.
> 
And if they choose to respond. 
> Moreover, the Council is now in the busiest period of their working year,
> 
They chose to put on a new event, so that is their choice and the members do not need to make exceptions for their choice. 
If they couldn’t deal with it and there is a conflict of time (or interests) their position on the LA Council comes first, with regards to LA and OE. 

> and is dealing with a significant additional workload as a result of these discussions
> 
I fail to see how it is “significant” besides reading some emails. They don’t respond to each email, nor do they have to. 
> 3. Assigning primacy to Linux Conference Australia in the mission statement, statement of values or other guiding principles of the organisation
> 
> There is nothing constitutionally to stop the LA Council from assigning primacy to a particular event, purpose or activity in the guiding principles of the organisation. 
> 
And there is nothing to stop the LA Council from entering a penguin in a dog show. (Except getting the penguin.) 

> However, you may wish to consider whether LCA actually does have primacy in the way that Linux Australia currently operates. For example, in terms of gross revenue, LCA over the last two reporting periods accounted for about only a third of Linux Australia's profit.
> 
That’s a significant amount. 

> I've taken the liberty of visualising this in this quick and dirty spreadsheet: 
> 
> https://docs.google.com/spreadsheets/d/1ZHfmUTpvxZJSYigyBTCtNlEhG0t7g9mtF5NxR7kapfg/edit?usp=sharing
> 
> This may have changed given the pandemic - and will likely change with PyConAU, which is a significant revenue contribution, not running in 2022.
> 
Can you go back five years rather than 2 years?
Also, to further murky your point we must consider, as an association and not a profit driven business, does the fact that it makes a profit drive primacy? 

LCA is the largest income AND expense. 
In 2021 it produced ~$117k and cost $78k (50% being AV/network equipment). 
So while it is (barely) the largest contributor it is also the largest event by expense and still turns a significant profit. 
That makes it a rather significant undertaking and one LA was created for, as you state further down. 
> But my point is valid - LCA does not have financial primacy. It's a significant event - absolutely - it's the largest single contributor to revenue.
> 
I find it hard to parse this statement. 
Single largest contributor but not of primacy. 
> But it's far from the only one. Does this ascribe it primacy? I don't think so. 
> 
So what will OE be if it is replacing LCA as the largest financial contributor in 2023?
The single largest contributor but not of primacy?

> LA was founded to auspice LCA, certainly.
> 
Well that seems weird - it was founded for the LCA. 
A patron is there to shepherd, guide and promote, but in this case it’s not of primacy. 
> But over time, like with most organisations, it has adapted and diversified. Time and again history shows us that survival equates to adaptability. 
> 
> 
> 
Adapt or die huh?

So LA was founded to “auspice” the LCA and by this definition the LA council has failed as they did not “auspice” it for 2023 - they replaced it. 
Nor have they “auspiced” LCA 2024 because they are too busy. 
Seems like maybe the LA Council is there to run OE. 

So was LCA dying? 
One could ask is LA dying instead. 

> 4. Special General Meetings 
> 
> The constitutional arrangements for SGMs are outlined in S(25) of the constitution,
> 
> In practice, SGMs have been used to propose constitutional amendments. 
> 
And they can be used for other things. 
> I don't know what Linux Australia's current membership # are, and the Secretary will be able to advise if requested.
> 
And they have 5 business days to reply. 
But what if they don’t reply? 

> 5. Updating Membership details 
> 
> Marcus Herstik previously identified an issue with the Membership login to https://linux.org.au - thank you Marcus for identifying this. This has now been resolved (with many thanks to Neill Cox and Steve Walsh). 
> 
Thanks. 
> The Register of Members is dealt with in S(7) of the Constitution, and the Members module within CiviCRM on the website provides compliance with these requirements. 
> 
> 
> 
Pity the Council does not operate by the rules except for when they are using it as a shield. 

> Regards, 
> 
> Kathy Reid 
> 
> 
> 
> [0] https://www.fairtrading.nsw.gov.au/associations-and-co-operatives/associations/starting-an-association/model-constitution
> 
> [1] https://linux.org.au/about-us/values/
> 
> [2] https://linux.org.au/wp-content/uploads/2022/01/annual-report-2022-combined-hires.pdf
> 
> 
> 
> 
> 
> On 21/10/2022 1:07 pm, Craige McWhirter via linux-aus wrote:
>> On Thu, Oct 13, 2022 at 18:39:19 +1100, Tim Serong via linux-aus wrote:
>>> On 13/10/22 10:29, Craige McWhirter wrote:
>>>> [...]
>>>> This no longer looks like a community event but rather a hollow vessel for
>>>> sponsors.
>>> Really Craige?  REALLY?  I honestly can't believe you'd even *think* LA
>>> would be involved in something like that, let alone put it in print.
>> Hey Tim :-)
>> 
>> "Looks" is doing a lot of heavy lifting in my quote above.
>> 
>> At the time of writing I had a single announcement and a website (that I went
>> through) both of which showed no trace of community involvement you'd expect
>> but here was conference that is LCA in format but uses a diferent name.
>> 
>>> As for the rest of your comments, I'm pretty sure they're largely
>>> addressed by Russell Stuart's subsequent email (thanks Russell, BTW).
>> Yes, largely although not completely. Stuart's response was excellent. Thanks
>> Stuart :-)
>> 
>> As other commentators have mentioned, there are significant issues around
>> transparency, process and other things.
>> 
>> My current take is that some members of the council admirably stepped into the
>> "no LCA" breach with a line of thought that looks a like "what if LCA but named
>> OE?"
>> 
>> The LA constitution has no mission statement because it's assumed by the
>> community that we know what that mission is. I'll take these notes from the
>> website:
>> 
>> "facilitates internationally-renowned events including linux.conf.au -
>> Australasia’s grassroots Free and Open Source Software Conference."
>> 
>> "facilitates the organisation of linux.conf.au, a premier international Linux
>> conference, in a different Australasian city each year."
>> 
>> "undertakes to operate at all times in an open, transparent and democratic
>> manner"
>> 
>> https://linux.org.au/about-us/
>> 
>> That's pretty much the reason LA exists, it's the 1 job we have.
>> 
>> Some of the council have technically fulfilled that assumed mission but called
>> it something else.
>> 
>> This feels pretty close to SGM territory to me.
>> 
>> That the overlap between LCA and OE should have been addressed at the council
>> level but wasn't is of concern to me. "This is LCA, just call it that".
>> 
>> At the very least we should consider adopting a mission statement - as over the
>> last 6 years or so it's become an increasingly obvious the membership and
>> subsequent councils (including myself and councils I've served on) are not
>> entirely clear on LA's purpose.
>> 
>> That's why we find ourselves in this position.
>> 
>> A mission statement will at least laser our focus in on whether we are
>> "Linux Australia" or "Conference Australia".
>> 
>> A suggested mission statement could read something like:
>> 
>> "Linux Australia facilitates the internationally-renowned conference -
>> linux.conf.au - Australasia’s première grassroots Free and Open Source Software
>> Conference in an open, transparent and democratic manner.
>> 
>> Linux Australia also facilitates conferences that share the common values of Free
>> and Open Source Software"
>> 
>> Such a mission statement makes it clear what we do and what our priorities are:
>> LCA first, others as a nice bi-product of LCA's success.
>> 
>> It also makes it clear that "OE" should have been named LCA or rejected because
>> it is LCA by another name and as such would represent a conflict of interest.
>> 
>> --
>> Craige McWhirter
>> Signal: +61 4685 91819
>> Matrix: @craige:mcwhirter.io
>> 
>> 
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