Leaks, Drips, and Spills

Tuesday, 07 February 2012 11:43

OSM - Say Nothing...Do Nothing...Be Nothing!

Back from the 75-85° weather in Costa Rica, Panama, Antilles, Bahamas, Aruba, and Cura?ao to face the 6 to 12" of snow that fell just a few days ago. Yccch! Nice and relaxing cruise though. And, what do I find? Why, absolutely nothing at all. Nothing has changed at the OSM camp.

  • No meeting minutes since November 15, 2011. Ought to have at least December's minutes and, I would argue, January, 2012 as well. Update: Somebody is reading something. December minutes were published today 2/8/2012.
  • No financial reports since October, 2011. How about November and December. Or, for that matter, January?
  • No 1120 Federal income tax report since 2009. Come on, let's see 2010 at least.

So, OSM's method of avoidance is silence. See the comment from Peter on the previous blog. Come on OSM, don't you think we recognize what you have been doing or to put it another way - not doing?

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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).

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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?

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I must have missed the Open Source Matters, Inc. publication of the 2010 Federal Corporate Tax Return (Form 1120) and the New York State CHAR500 return. And, depending on the contents of the CHAR500 return, maybe even a Form 990. Oh no I didn't, I just checked here on the OSM Federal Filings page and there are no links to the 1120 nor are there any filed CHAR500 in the New York State charities database. That's interesting!

Let's see, OSM, last I checked, operates on a calender year fiscal year. So that means they must file the 1120 by the 15th day of the third month after the end of their tax year. Hmm, that would make it due on March 15. A review of the available published OSM minutes (only published through July, 2011 as of this date) shows that in the March 2011 minutes, an automatic extension of 6 months was requested (note that it was not specific that this was just a Federal extension. There isn't a 6 month extension available in New York). Nothing wrong with that. Gives the accountants time to review and correct the books. But, wait a minute. That would make the the date the Federal taxes had to be filed by as September 15, 2011. So, supposedly the taxes forms have been filed but just like the other missing financial reports there hasn't been any publication of this information to the Joomla Community. I could be wrong, of course. Would love to see some communication from OSM about these issues. Nothing anywhere so far though.

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Alice Grevet started maintaining the minutes for the OSM board meetings starting in December, 2010 and has been completing all minutes available since then. In the March 21, 2011 board meeting there was a motion and no discussion to include an officer position of Assistant Secretary and Alice was installed by unanimous consent. According to the Bylaws, OSM can create additional Officer positions as it sees fit. One would ask, however, why the Secretary suddenly could not handle the workload of completing one set of board minutes per month and indeed has not since December, 2010. Now, if there had been open discussion about needing to train a replacement for the Secretary, I could see such a development but not a word was documented. What else is being withheld from the Joomla Community?

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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:

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