California blocks online non-disparagement clauses.

(Nick Gromicko, CMI) #21

One more example: You can post an off-color joke that might be viewed as inappropriate by some. But if it is overtly racist or if you post an image of something pornographic (I know porn when I see it), your post is going to be deleted. If you start re-posting it in protest to the moderation, you’re probably going to get expelled.

Hope that helps explain.

(James H. Bushart) #22

Quite a few examples of how you do not moderate the message board by moderating the message board.

When Thornberry, the dishonest lead broker you befriended, was making even more offensive posts attacking members of your association … you defended his right to do so. You even overturned a decision by the former Ethics Committee to sanction him.

If you had not done this, your decision to moderate others would not appear to be so obviously one-sided and self serving, IMO.

(Nick Gromicko, CMI) #23

That’s not entirely true but not entirely false. We believed it was in our members’ (not his) best interest to let those exchanges go on and play out before putting a stop to it. One of the primary purposes of this message board is to critique vendors, their companies, their products and their services. Allowing a vendor to be subjected to this message board helps our members make their purchase decisions within our industry.

(Christopher Currins, CMI) #24

Boy, this thread sure has drifted, rather quickly.

(Nick Gromicko, CMI) #25

No one is ever happy about where or when a line is drawn.

(Stephen W. Stanczyk, WA License #221) #26

I call shenanigans. Went through all JJ’s posts and nothing there was worth moving a thread. You seem to cast a blame on those you have personal issues with instead of others that are causing much greater problems for the reputation of InterNACHI and your beloved CMI. JMHO.

(Nick Gromicko, CMI) #27

Stephen you’ve got mail. I sent it to you it in private so that you can confirm that the aggrieved member is filing complaint with government attorneys and other orgs.

Like I said, one man’s joke is another man’s reason to file charges. I trust you will confirm upon review.

(Stephen W. Stanczyk, WA License #221) #28

Received your email. It had nothing to do with Jeff Jonas, but another member. So your statement in post #19 was incorrect and reflected on Jeff in a negative manner. I am sure you will apologize to him since he was not the member involved, correct?

(Nick Gromicko, CMI) #29

Corrected.

Now what about your “I call shenanigans” post #26? Do you concede the member took strong offense to it, enough to complain to organizations/agencies outside of InterNACHI?

(Stephen W. Stanczyk, WA License #221) #30

I never said there weren’t posts that may have cause complaints. My call of shenanigans was in regards to you attributing the issue to one member that was not involved on an open forum. You were wrong and changing your post does not relieve you of an apology to the person.

(Michael Larson, WI Lic. # 1672-106) #31

Does changing the post remove the slander?

(Nick Gromicko, CMI) #32

I didn’t mean to imply that I was attributing the issue to one complaint. I was using it as an example of something that happened just the night before (that no one really knew about, which is why I forwarded you proof privately). I merely used this ONE very recent example to make my point. Issues like this happen almost daily.

Again, one man’s joke is another man’s reason to file complaints demanding moderation (deletions of other member’s comments), so I ask everyone to self-moderate.

It really bogs us down because we have a lot of work to do every day www.nachi.org/whats_new.htm and can’t afford to spend so much time on this stuff. It’s a waste of precious staffer time that could otherwise be used productively to help members.

(Stephen W. Stanczyk, WA License #221) #33

Didn’t mean to imply? Then why did you write and name a specific person, THE WRONG PERSON : " I’m actually having to deal with some comments you made"

I am sure he is not holding his breath for an apology while you dance your dance around the fact that YOU SCREWED UP and don’t seem to be man enough to admit your error and apologize.

(Nick Gromicko, CMI) #34

I don’t want to use his real name, but I sincerely apologize to XXXX. I get so many complaints about certain members (you can probably guess which ones) that I mix them all up sometime. But for some reason (must be cultural) the Canadians take the cake for complaints about other members posts. Anyway, watch what you say (especially about other members) please. Dealing with this stuff sucks staffer (and my) time away from our work.

(John McKenna, CMI) #35

Nick just made an apology for a mistake. He explained why he had no intentions to cause harm. Normal people would see this as tolerable and then move on. Sometimes we all have to correct a mistake.

But, I detect malice in the insults that are thrown at Nick from many of you. It amazes me that Nick so patiently takes these insults about his character (not just pointing out a mistake) from people using the very forum that Nick created.

It would be so easy for Nick to remove this little group of nay sayers with a simple click. Yet, he continues to allow you to post on his forum. I am not the only one who feels this way. It makes Nick look big and you look small.

Some of you exhibit the classic behavior traits of someone who is still arguing with your parents in order to prove you adolescent independence. It must be a tragic bondage to grow old and find yourself trapped and absorbed into the alternate reality of this forum. Each conflict you engage in is an attempt to feel better about yourself and the real world has passed you by. Talk about the twilight zone.

If someone says something positive, it is many times attacked on this forum. Many of my students are afraid to ask questions on this forum for the fear of being humiliated and mocked. It’s a unthankful job to be the one who tries to balance free speech with the need for a healthy forum, that allows people to feel safe during public discussion. I would not want Nick’s job. It would be easier to keep peace with a room full of toddlers, I suspect.

(Frank Rotte, , CPI, San Diego Home Inspector) #36

Well said John! And needed to be said. As for your students, you need a thick skin for just about any forum.

(Nick Gromicko, CMI) #37

Also, I may have erred in claiming that a certain vendor had such a clause in his agreement. What he had was a non-defamation clause, not a non-disparagement clause. Non-defamation clauses are legal everywhere.

(James H. Bushart) #38

Considering your loyalty to the dishonest lead broker you emulate (to certain degrees), your spin on the content of his contract is understandably inaccurate.

There is no title to any clause. There is simply wording in his contract that reads, as follows:

Any slanderous, libelous, or negative campaigning of the property, products, and services of RWS during or after the term of this agreement are not permitted, and Inspector agrees to pay RWS’ legal fees in implementing any actions in response to such activities regardless of the outcome.

The ambiguous term “negative campaigning” can fall just as easily under the term “disparagement” as it could “defamation”.

I invite home inspectors in California who oppose the trafficking of personal information belonging to home buyers to share this with any appropriate official at the appropriate time.

(James H. Bushart) #39

Considering your loyalty to the dishonest lead broker you emulate (to certain degrees), your spin on the content of his contract is understandably inaccurate.

There is no title to any clause. There is simply wording in his contract that reads, as follows:

Any slanderous, libelous, or negative campaigning of the property, products, and services of RWS during or after the term of this agreement are not permitted, and Inspector agrees to pay RWS’ legal fees in implementing any actions in response to such activities regardless of the outcome.

The ambiguous term “negative campaigning” can fall just as easily under the term “disparagement” as it could “defamation”.

I invite home inspectors in California who oppose the trafficking of personal information belonging to home buyers to share this with any appropriate official at the appropriate time.

(Frank Rotte, , CPI, San Diego Home Inspector) #40

Okay, thanks.