Hm, a lot of the text has been reworded and re-ordered, but without that
much difference in practical content. Complex enough that
automatically-generated diffs aren't much use, so I put together a (quite
messy) diff by hand:
https://meta.wikimedia.org/wiki/Conflict_of_interest_policy/2021_updates/Di…
(Disclaimer: IANAL.) Some changes of note:
* Rules on Covered transactions now apply to transactions/employment/etc
with those who have been trustees/executives/"key employees" at any time in
the prior 12 months. (Such transactions may still be approved by the Board,
following procedure.)
* This was added: "In order to approve a Covered Transaction, the Board
must conclude that: [...] the Covered Transaction does not involve the
Foundation hiring as an employee or contractor an individual who had been a
Wikimedia Foundation Trustee within the preceding 6 months." That seems ...
overly specific. It doesn't apply any of the other normal rules on CoIs to
recent trustees, like those dealing with
other transactions/agreements/contracts, etc.
* Situations with "perceived conflict of interest" ("in which the
interests
of a Covered Person may be seen as competing or at odds with the interests
of the Foundation") are no longer covered by the policy.
* Re when the Board is determining whether a transaction counts as
self-dealing/etc, a part of the procedure was changed from "[The Board]
shall consult with the Foundation’s legal advisor as necessary" to "The
Board may consult legal counsel and other outside advisors as part of its
determination.", which seems to make it more optional?
* The policy goes into somewhat more detail on the procedure for assessment
of CoIs, and dealing with violations of the policy.
I really wish that the WMF itself could provide summaries of changes to its
rules. Unfortunately, it often doesn't, and even when it does, it often
leaves out critical modifications (e.g. certain things in the last bylaws
changes), requiring volunteer effort to determine what the WMF is doing.
-- Yair Rand
בתאריך יום ג׳, 2 בנוב׳ 2021 ב-12:02 מאת Philip Kopetzky <
philip.kopetzky@gmail.com>:
I would also find that helpful (if this isn't a
policy that's been
completely rewritten). The legal text isn't especially easy to read and
understand either, so my only question would be if this new policy would
prevent past events that happened because this kind of policy did not exist
back then.
On Mon, 1 Nov 2021 at 14:44, Andy Mabbett <andy(a)pigsonthewing.org.uk>
wrote:
On Mon, 1 Nov 2021 at 13:00, Amanda Keton
<aketon(a)wikimedia.org> wrote:
The Wikimedia Foundation legal team has posted a
draft of an updated
conflict of interest policy on Meta-Wiki:
https://meta.wikimedia.org/wiki/Conflict_of_interest_policy/2021_updates
We are collecting feedback on the policy for the next three weeks:
today until 22
November.
Is there a version which highlights the changes from the current policy?
--
Andy Mabbett
@pigsonthewing
http://pigsonthewing.org.uk
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