JoomlaLeaks

Leaks, Drips, and Spills

Saturday, 07 January 2012 11:02

Nothing Has Yet Been Resolved!

Let's see, where are we? Oh, yes, it's the end of the first week of January 2012.

So according to some speculators, the Mayan calendar foretells an apocalyptic event. It even gives us a potential date for the theoretical downfall: Dec. 21, 2012. Around 11 months and two weeks away. It is now my fervent belief that if OSM actually holds to their previous promises to publish the financial reports on time as well as the board minutes, it is likely to be on December 20, 2012 and we will only have one day to enjoy it!

End of the first week in January, 2012. Financial reports for the end of November, 2011 and the end of December, 2011 have not been published. Nor has there been any communication concerning the holdup. So, Paul Orwig's dismal record in posting OSM's financial reports for the Joomla! Community to review is at 16.6% for the year (2 out of twelve months).

Published in Joomla

I have blogged quite a bit about OSM's failure not only to keep it's promises of transparency (essentially resolutions of transparency) but also its failure to follow its own bylaws and the not for profit laws of the state of New York under which OSM is incorporated. If we think of OSM's failures to keep resolutions as similar to the failures of those of us who make New Year's resolutions to lose weight maybe we can put OSM's continued failures in perspective. You know what I mean - the elliptical machines and free weights will be occupied from dusk to dawn in January with people who made the New Year's Resolution to "get in shape." But by February, the gym will be nearly empty again.

So, OSM, a new year is about to start. Should you make a resolution to keep your previous resolutions? Here's a New Year's resolution OSM can keep: Resolve not to make any more New Year's resolutions (goals) or any resolutions.

Now, wasn't that easy? And, doesn't it fit the actual performance of OSM this past two years?

Published in Joomla
Wednesday, 14 December 2011 09:13

Maybe OSM Is Just Confused?

Today (December 14, 2011), the New York Charities Bureau published the Open Source Matters 2010 tax filings on their website. OSM filed both a CHAR500 and an IRS 990. The date these were received by the New York Attorney General's Charities Bureau was November 15, 2011. In the November 15, 2011 board meeting minutes:

a. CHAR500 (Ryan)
Ryan confirms that our 2010 CHAR500 NY filing has been submitted on time.

Yet, according to the New York Charities Bureau FAQs:

Q: When are Annual Filings due?

A: Filing due dates depend on an organization's registration type (see following question for more information on registration types). Article 7-A and Dual registrants are required to file within 4.5 months after the end of their fiscal year. EPTL registrants are required to file within 6 months after the end of their fiscal year.
Published in Joomla
Wednesday, 07 December 2011 13:48

OSM's Paul Orwig Abducted By Aliens?

That's gotta be it!

What other explanation would there be for failure to post the OSM financials for November - now seven days (one week) after the end of November and soon to start the second week of December? Update: Now three weeks after the end of November and still no OSM financial reports for November available. In addition, the Attorney General of New York posted OSM's New York tax reports but OSM has failed to post their IRS 1120 tax return. Transparency - bah, humbug seems to be OSM's mantra this past year and a half.

I mean, after all, Paul Orwig's record for posting the financial reports is already dismal. Failure to post the November financials in a timely manner (within one week is certainly timely from my point of view) will keep him at only a 20% record of posting the financials at all for the entire year. Posting November and December would only get him to 33% for the year.

Published in Joomla

It takes so long to get OSM to release the minutes of their board meetings and then when they finally do, they make freshman mistakes. Like this first item on the August 29, 2011 minutes.

I. Approval of previous meeting's minutes Dianne brings the motion to approve the minutes from the June 21st board meeting. Jacques seconds. The motion passes by unanimous consent.

Of course, that is the EXACT same approval - even down to the minutes from June 21st - that appeared in the July 18, 2011 board minutes! You would think in three months they might have proofed it just a tad bit better.

Attendance by Altansukh Tumenjargal has not improved any. Counting the August meeting as one meeting even though it continued on another day which he also missed gives him an attendance record now of 12.5% (1 out of the last 8 board meetings). And Akarawuth Tamrareang has missed 4 of the eight board meetings. That is a 50% attendance record.

Published in Joomla
Sunday, 06 November 2011 09:51

Now You See It...Now You Don't

That’s definitely the tag line for every magician during his or her magic show. They somehow try to convince you that an object once seen by you has now somehow vanished into thin air. Of course we all know that is not true. With carefully crafted cues, skilled assistants and perfect timing they briefly redirect your focus for a mere millisecond and poof….Now you see it and now you don’t.

 Back around March 11, 2011 in response to a question raised by Jennifer Marriott, Paul Orwig replied "It has been my decision as Treasurer to not publish our unaudited financial statements until I am satisfied that they are reasonably accurate, and I still have some unanswered questions along those lines. I have been in touch with our accountants to get their assistance on that, and they have said they hope to have time next week to help get those questions answered." So, a reasonable person would conclude with the publishing of these financial statements some 7 months later that they are now deemed sufficiently accurate to have passed the tough Paul Orwig test. Right? Not so, young Obi-Wan Kenobi. Now we find with some certainty that these reports contain significant inaccuracies in reporting revenue received and that Paul Orwig, the OSM Treasurer is well aware of it!

Published in Joomla
Wednesday, 02 November 2011 14:03

No Accounting For It.

So our quick look at the published financial reports raised questions aboout whether the OSM Board and the rest of the Joomla! Leadership teams have actually been seeing accurate financial reports as described recently by Jaques Rentzke "... I can confirm that the OSM auto-generated un-audiited financial reports are shared weekly with the OSM list,..." It appears that the question I raised about why they show $2,000 per month from Demo Site hosting which indicates that the demo site is not exceeding the basic minimum number of subscribers may have hit a nerve. It has been confirmed by the Demo Site operators that they are doing significantly over the minimum subscribers which means that they are paying more then the $2,000 per month that shows up in the current financial reports. Yet, where is the money? One source indicates that the amount paid monthly is now $8,000. I don't know how many months that amount might have been paid but let's assume 6 months just for the sake of discussion. Then the missing amount would be in the neighborhood of $36,000 more or less depending upon the accuracy of the source and the number of months of payment. According to the Treasurer they will change the total at the end of the year. That is not how you do accounting - especially accrual accounting which is what OSM is on. If he didn't actually receive the money it should show up in his Accounts Receivable.

Published in Joomla
Tuesday, 01 November 2011 14:13

Breaking OSM Financial News!

For the second time this calendar and fiscal year, OSM has released most of the financial reports originally promised to be released monthly.  If my math is correct (and it should be as it is a simple calculation of 2 divided by 10), then OSM has achieved its commitment 20% of the time so far this year. And if they do it 2 more times they will hit a 33% compliance rate. I wouldn't bet on even that poor of a record given their history  in the last couple of years. Truth be told, this is the first time this year we have been privileged to see the monthly budget versus actual figures.

So, what stands out in a quick review?

Published in Joomla

On December 4, 2009, Ryan Ozimek, then Secretary of OSM, Inc. posted this blog in which he promised that the minutes of the OSM board meetings would be published in a reasonable time frame. In fact, he stated: "Our meeting minutes have been recorded internally, and more often than not, sent to the board members for approval shortly after the completion of board meetings." which would imply at least publication during the month following the meeting. Unfortunately the publications of OSM minutes has been very inconsistent with the current state as of today having minutes only available through the July, 2011 board meeting. This kind of delay makes it impossible to have a somewhat current discussion with OSM board members on any decisions that might have been made in the past month. The current board secretary frequently refers to the OSM bylaws when someone pushes the issue of why the minutes are not published in a more timely fashion:

Published in Joomla
Page 4 of 4