Anyone Wanting to Moderate this Board Should Consider This

[James H. Bushart]

While the ESOP Committee may not have jurisdiction over the activities of non-members and their ethical behavior, you should know that a significant number of complaints that come to the committee are filed against members by non-members.

Some are clients, some are realtors, some are seller....and some may begin to originate from the message board.

I'll explain....

If you, a member, delete or change the post of someone posting to the board for libel, slander or personal attack (the three criteria listed by Chris) the burden of proof is on you. Libel and slander can only exist if the statements were untrue AND were made with malicious intent. Untrue statements, by themselves, are NOT libelous or slanderous. TRUE statements that are damaging...are neither libelous or slanderous.

From this one post, you must be able to prove the malicious intent of the author and you must prove that the information is false.

If you are wrong and you have publicly officially represented his post as such, he may wish to file an ethics complaint against you for bias, malicious interference, or slander against him.

These complaints will fall under the jurisdiction of the ESOP Committee and will be reviewed and acted upon.

I will venture to say this this is one job that no one in his right mind will want...and those who aren't, will only have for a little while.

[Michael Larson]

Originally Posted by jbushart

While the ESOP Committee may not have jurisdiction over the activities of non-members and their ethical behavior, you should know that a significant number of complaints that come to the committee are filed against members by non-members.

Some are clients, some are realtors, some are seller....and some may begin to originate from the message board.

I'll explain....

If you, a member, delete or change the post of someone posting to the board for libel, slander or personal attack (the three criteria listed by Chris) the burden of proof is on you. Libel and slander can only exist if the statements were untrue AND were made with malicious intent. Untrue statements, by themselves, are NOT libelous or slanderous. TRUE statements that are damaging...are neither libelous or slanderous.

From this one post, you must be able to prove the malicious intent of the author and you must prove that the information is false.

If you are wrong and you have publicly officially represented his post as such, he may wish to file an ethics complaint against you for bias, malicious interference, or slander against him.

These complaints will fall under the jurisdiction of the ESOP Committee and will be reviewed and acted upon.

I will venture to say this this is one job that no one in his right mind will want...and those who aren't, will only have for a little while.

You have described a potential problem well.

What do you see as a solution?

[rmaday]

Originally Posted by jbushart

If you, a member, delete or change the post of someone posting to the board.

The way I understand it is that the moderation will not be in the form of deletion.

The moderation will take the form of "not approved" and the subject posts will not see the mesage board at all.

[James H. Bushart]

Originally Posted by rmaday

The way I understand it is that the moderation will not be in the form of deletion.

The moderation will take the form of "not approved" and the subject posts will not see the mesage board at all.

The complaint will be written by the non-member and he will describe his action as having written a post that was not allowed on the board...deletion, disapproval, etc.

The burden of proof for libel, slander or personal attack will rest upon the person who "disapproves" it by whatever means he is given to moderate.

Think about this before you act against the man who is about to become your enemy.

Can you prove it was false AND written with malicious intent? The "personal attack" claim is so subjective it is impossible to believe that anyone would set themselves up to moderate someone else's arguement.

Let the guy "attacked" make his complaint to Chris and let Chris make the call. With a complaint, there is proof. Without a complaint, a "personal attack" is totally subjective and destined to get someone in trouble for "disapproving" it.


I must underscore a very important point. For any reason they want, NACHI leadership can ban a non-member and answer to no one for it. This is fine. And all attempts made by banned people can be discarded.

Those who have done nothing worthy of banishment...many of whom are regular and valuable contributors to the technical threads....should have quick, unfettered access.

[James H. Bushart]

All posts by banned members should be disapproved.

All other non-member posts should be posted and, when a complaint is filed regarding it by a member, a moderator or Chris can act on the complaint using the complaint as their source of proof for personal attack and asking the complainer for his proof of libel/slander. Then, act accordingly.

[klott]

Why are you showing up as a member again? Did you re up?

[James H. Bushart]

Originally Posted by klott

Why are you showing up as a member again? Did you re up?

No. I paid off a moderator.

[Blaine Wiley]

Originally Posted by jbushart

All posts by banned members should be disapproved.

All other non-member posts should be posted and, when a complaint is filed regarding it by a member, a moderator or Chris can act on the complaint using the complaint as their source of proof for personal attack and asking the complainer for his proof of libel/slander. Then, act accordingly.

Nothing more needs to be stated about this inane policy. Except, the more difficult we make it for professionals to post, the more they will take their time to post helpful information elsewhere.

[rmaday]

Originally Posted by bwiley

the more difficult we make it for professionals to post, the more they will take their time to post helpful information elsewhere.

Worth repeating.

Greenie for you (retroactive to the old system, of course).

[Michael Larson]

Originally Posted by jbushart

No. I paid off a moderator.

Shhhhh. Not so loud

[Frank Magdefrau]

Originally Posted by klott

Why are you showing up as a member again? Did you re up?

Ken, it's amazing how these clowns just can't stay away. I guess we are all they have.

[James H. Bushart]

Originally Posted by fmagdefrau

Ken, it's amazing how these clowns just can't stay away. I guess we are all they have.

I've also been reinstated to the ESOP Committee.

Take a break, Frank.

[Frank Magdefrau]

Originally Posted by jbushart

All posts by banned members should be disapproved.

All other non-member posts should be posted and, when a complaint is filed regarding it by a member, a moderator or Chris can act on the complaint using the complaint as their source of proof for personal attack and asking the complainer for his proof of libel/slander. Then, act accordingly.

I think Chris has more important things to do James, so IMO lets keep his time free of in-house disputes.

Once a dispute rises, it should be IMO bounced to a private chat room for those involved along with monitors and away from everyone else. For this to be affective it has to be done within a very short time. Kinda like a fender bender- just pull your cars off the side of the road so others can pass without delay.

[Frank Magdefrau]

Originally Posted by jbushart

I've also been reinstated to the ESOP Committee.

Take a break, Frank.

Unbelievable

[klott]

Originally Posted by jbushart

No. I paid off a moderator.

I am going to start a blog and report you on AR!