MESSAGE
DATE | 2002-10-14 |
FROM | Ruben Safir
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SUBJECT | Subject: [hangout] Board Report on NYLXS.org Matter
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NYLXS disciplinary Board Meeting October 14th, 2002
The NYLXS had a closed board meeting on October 14th at Rosenzweig and Maffia, 845 3rd Avenue, at 6:30PM to address the issue of events relating to the Free Software institute and the actions of Instructor Brett Wynkoop both directly relating to the FSI and NYLXS in general.
It was determined that on October 10th, 2002, there was scheduled a class for Unix 2, which has 4 students, at the NYLXS headquarters at 1600 East 17th street, in Brooklyn, NY. The class was scheduled at 7:00PM. At 6:30 PM Mr Wynkoop was called by NYLXS President, Ruben Safir, who was also a member of the class, to find out if Brett would make the class. Brett proceeded to pretend that his phone was broken while on his way to a secret location for the class. Mr Safir, not aware of the class change, tried to contact Mr Wynkoop repetitively during the next hour, and finally went to Mr Wynkoop's residence to discover what happened to the class. Mr Wynkoop's wife confirmed that the class had been secretly relocated to one of Mr Wynkoop's clients in midtown Manhattan. At around 9PM, Mr Wynkoop finally answered his cell phone, and while the phone was on speaker, and in front of the class, he proclaimed that the class voted to move to a new location after a class was missed in the prior week when Mr Safir wasn't available to open the door to the Building the week prior.
Mr Safir noted that he missed the previous weeks appointment after over sleeping when he had spent the previous 48 hours up traveling to Washington DC at 2AM in order to present arguments person to person to Congressman Weiner. He then reminded Mr Wynkoop that he called him immediately after awaking, and apologies and explained his absence. Furthermore, Mr Safir noted to Mr Wynkoop that Mr Wynkoop seemed to have the matter in hand and in no way indicated any major problems or issues. Furthermore, Mr. Safir asked Mr Wynkoop to take the conversation off speaker phone. Mr Wynkoop reluctantly took the call off speaker phone, but conducted the rest of the conversation in public and in such a way to make the conversation public to the class.
Mr Safir asked Mr Wynkoop if either he or Paul Rodriguez, the FSI Chairman, was informed of the move. Mr Wynkoop then admitted that he didn't know Mr. Rodriguez, for whom he worked. Mr Safir then explained that he was not authorized to move a class without the consent of NYLXS or the FSI. Mr Wynkoop explained that the class voted to move after the events of the week prior. Mr Safir asked Mr Wynkoop, rhetorically, if he was either in charge or the students. Mr Safir further added that Mr Wynkoop's behavior, in pretending that his phone wasn't working, was not acceptable behavior or professional. Mr Wynkoop then said he felt uncomfortable talking to Mr Safir of late, in the last 9 months. Mr Safir then told Mr Wynkoop that, this issue was not important. That Mr Wynkoop was not allowed to just hijack a class because he was uncomfortable, or for any other reason, and that acts of rebellion are not an acceptable means of resolving problems in a Democratic organization. Furthermore, he was told there was both means and time to resolve any issues in the previous week, and that Mr Wynkoop was way out of line. Mr Wynkoop proceeded to say that indeed rebellion was acceptable means of change, and that's why their was a 'right to bear arms' in the constitution.
It became apparent that Mr Wynkoop was more addressing the class than the NYLXS representative. Mr Safir then ended to conversation.
On the next morning, The NYLXS President reiterated that Mr. Wynkoop acted irresponsibly in this matter. He informed him he has been relieved of any duties relating to instruction under the FSI, and should have checked formal procedure with NYLXS prior to his actions. In addition, he was told to get a copy of the NYLXS Constitution from the Treasurer, Joe Maffia. He was also asked to hand over the NYLXS.org domain, which when Mr Wynkoop said he wanted to register said domain, was told that he should do so only if he was to hand the domain to NYLXS.
Mr Wynkoop, to date, has refused to hand the NYLXS.org domain to NYLXS. In addition, he has run a parallel mailing list to the official lists of NYLXS under the NYLXS.org domain, and has used the list as a tool to further erode support for the organization. Lastly, Mr. Wynkoop has largely undermined the NYFAIRUSE.org domain, which, as an organization, has mostly been run by NYLXS members and monies for over a year.
The board, in reviewing these events, have taken the following actions. Mr. Wynkoop has been released as an instructor for NYLXS. Since he has taken unilateral action in regard to the class, he has had his stipend suspended, and might be help accountable for monetary damages to the students. In addition, Mr Wynkoop has had his primary domains, wynn.com, blocked from access to network services provided by NYLXS.
The board currently rejected barring Mr Wynkoop from membership pending attempts to mediate the outstanding issue of the domain, NYLXS.org, and the alternate mailing list which Mr Wynkoop has set-up.
Board Members will try to settle the matter with Mr Wynkoop and review to issue again in one week on IRC.
of the class, or the students? He was ____________________________ New Yorker Free Software Users Scene Fair Use - because it's either fair use or useless....
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