[Noisebridge-board] Moving, liability, etc (was Re: To Geoff Re: Buildout cost estimates)
Geoff Schmidt
geoff at geoffschmidt.com
Mon Jul 20 22:46:16 UTC 2009
Thanks for your email, David. I've thought about what you said and
tried to infer from it what kind of response you might like from me.
Here's an attempt, though I don't know if I've done a good job at
inferring:
If you can really keep the buildout to $6k, then it sounds like you've
found a great solution. But that's going to mean taking the space with
only minor changes (for example, not much in the way of walls.) Based
on my own experience pricing out work, I wonder if the membership
understands that at $6k, they won't get a lot of what they've been
dreaming of. I also wonder if the $6k really includes a sufficient
contingency margin, as this is often a mistake that people make when
writing construction budgets. Also, I worry that a particular failure
scenario could happen. In this scenario, everyone agrees on a $6k-
style plan, and budgets the $6k. But everyone imagines that the rest
of the work they want will be done later; they don't mentally accept
the disappointment of not getting the full buildout they want at the
same time as the mentally congratulate themselves for having made a
financially reasonable plan. The lease is signed and $6k is spent.
Then, one of two things happen. Either the additional work is never
done and people have to deal with the disappointment of not getting
the space they were hoping for. Or attempts are made to do the work
later, and things come out not as well as if a fully understood plan
had been made up front that was realistic about what people wanted to
eventually make happen. "Not as well" could mean that the work has to
be done on the cheap to a point that doesn't make sense in a price/
performance context, because the financial implications of the
buildout weren't understood up front and dealt with head-on. Maybe
people would look back and say, "if we had understood how much it was
realistically going to cost in total to get what we want, we would
have made a different decision." The different decision might have
been to delay the move, to raise dues, to have a membership drive, to
move to a smaller space, to make a different buildout plan -- I don't
know; this a hypothetical situation. Or "not as well" could mean that
the work is done bit by bit over a long period of time, finished only
just as the lease expires. In that case people might look back and
say, "I wish we had understood up front what the scope of the work
was, because had we done so, we would have hunkered down, worked
really hard on making detailed plans even though it was frustrating,
been creative, and come up with some way to get the buildout done in
the first month. Some sacrifices or compromises might have had to be
made, but in retrospect, we can see that they would have been worth
it." Again, a hypothetical.
You can do the work legally, or not. I'll define "legally" to mean "an
anonymous phone call by a disgruntled troll cannot cause Noisebridge
to get evicted or incur more than $10k of unexpected expenses." If
Noisebridge is to do the work illegally, I hope that everyone fully
understands the consequences of that. I worry that because of their
background living on the fringe of society, some members tend to see
Noisebridge as a legally second-class organization that doesn't
deserve the same protection of law that other organizations in America
enjoy. I hope that before a decision is made, someone ensures that the
membership understands that (1) disasters like the anonymous phone
call scenario happen with distressing frequency in SF to semi-
underground organizations that take these risks, more than many people
realize, so that the question is closer to when than if, and (2)
Noisebridge is not so different from other organizations that it
cannot have legal protection if it is willing to study and follow the
standard ways of getting it, that it doesn't "not deserve" protection
for being countercultural. Those standard ways include a bunch of
things that are designed to fit together: following the law or
understanding it well enough to bound the penalties, bringing in
subject area experts to help you, using financing tools to manage your
cash situation, recruiting business advisors to help you put it
together.
I've tried to insert enough qualifying phrases in the above paragraph
to make it clear that I'm not advocating for a legal or an illegal
approach. I just hope that someone is able to get enough information
to understand the full advantages and disadvantages of each option
(which I don't think anyone has yet, though I could be wrong.. on the
contrary, I think there is actually more to be understood here than
many people realize, and I'm worried that that misconception is
getting in the way of full understanding), and that that someone is
then able to educate the membership prior to pursuing consensus.
With respect to my comments about management, perhaps it's helpful to
engage in a thought exercise. Let's imagine an alternate-reality
version of Noisebridge called Racketlink. Racketlink is just like
Noisebridge and has the same values and membership of Noisebridge, but
alternate-reality Executive Director Jake Appelbaum has a different
life history. Instead of being an anarchist and satanist, Alt-Jake had
been the CEO of mid-sized financial services dotcom, sat on the boards
of several 501(c)3s dedicated to mundane community outreach programs,
and generally was a tool of the establishment if not the establishment
himself. (Not that this incompatible with anarchism and satanism.. but
I digress.) While fully invested in the doocracy and the consensus
process, Alt-Jake takes the role of ED very seriously. He thinks that
his role in the doocracy is to hold Racketlink to the same operational
standards that his VCs insisted on, and that as a board member he
requires of the management of the c(3)s he helps to oversee. So when
Racketlink decides that it wants to expand to a new building, he
guides it through a process that is just like the process that a low-
income legal counseling charity he advises had gone through in the
previous quarter. Alt-Jake doesn't take it upon himself to manage the
process like a traditional ED would, but with a suggestion here, a
word of thanks there, a cogent argument in another place, he helps
people see the practical advantages of the structures he's learned,
and he subtly encourages people to volunteer for certain roles and
massages the occasional interpersonal conflict. A systematic attempt
is made to solicit everyone's desires in a new space; a small group
synthesizes this into a document, then works with everyone to refine
it until they are all happy and pleased with the group's work. It's
determined how much Racketlink can afford to spend under several
different financing scenarios. An architect familiar with city
requirements and friendly to Racketlink's goals is recruited as an
informal advisor. Someone takes point in working with brokers.
Informal estimates are obtained from contractors on each of several
spaces to understand what is within Racketlink's budget. Finally,
three representative plans are written up, involving two different
locations. Each includes a sketch of the built-out space and major
renovation items; a buildout and operating budget accurate to 20%; a
rough timeline with a two-week margin of error, based on quick chats
with contractors and people who've done DIY builds; a financing or
fundraising scenario; an understanding of the required membership
growth to support the space; a list of special risk factors -- but
nothing in great detail, totaling maybe 3-4 pages. Even before the
plans are discussed, all the members feel that their ideas have been
included in the plans, so they're grateful for the work that was done
to prepare them rather than anxious that others might be trying to
exert authority over them. This is because of active work that was
done to solicit comments, identify interested people, and build
consensus among them. After a period of discussion, the membership
agrees to proceed with a combination of elements from two plans.
When I think about Racketlink, I think about the huge amount of work
that Alt-Jake did. When (hypothetically) Alt-Jake did a similar
expansion at his dotcom, it was much easier, because (1) he had
employees instead of volunteers; (2) he got to pick which employees he
hired; (3) people's expectations were different and he didn't have to
do as much work to emotionally reassure them; (4) if people were ever
uncooperative or unhelpful, he had the option of using the big hammer.
On the other hand, his work wasn't wasted; it had benefits beyond the
expansion that were very much in the scope of Racketlink's mission.
Maybe Alt-Jake can never be real because there is no one who put in
that amount of time when they could be working on more objectively
rewarding problems. To see how much work it is, I only need to look at
how hard several people have been working on building consensus for
the move. Meanwhile on the other hand, surely Alt-Jake would look at
Noisebridge and think, "these guys sure have a long way to go before
they will be able to put forth a plan that I will not block, yet
they've already put so much time and effort into the project. I wonder
what factors have led to this and if they are addressable." I suspect
that many observers would encourage Noisebridge to keep the phone
number of someone like Alt-Jake around so that it could be aware of
this perspective, even if it did not want or could not induce Alt-Jake
to participate.
Racketlink is just a thought experiment, and Noisebridge might be
better off as Noisebridge. Certainly it is more interesting and breaks
more ground as Noisebridge. It's my hope that as time passes,
Noisebridge will acquire more and more of the good planning and
operational efficiency of Racketlink, without losing the structure and
culture that makes it Noisebridge. On the other hand, I suspect that
some people prefer that Noisebridge not change in this way, or at
least would prefer it to change slowly so that they feel more
comfortable. It seems like Noisebridge should do whatever is the best
fit for the needs of its members, but I hope that that's determined
with the broadest possible perspective and awareness of the
alternatives.
Geoff
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