Hello SJ,
Thank you very much for those words, and for help dispelling the idea that
we are fatally bound to de-recognizement. I do hope we are not, but when
everything is done by the chapter according to what is asked, even ahead of
time and in a overzealous way, and we receive a new message from AffCom
with yet a new set of obscure accusations by unstated actors, that scenario
do come to mind. And seeing what Teles wrote here[1] about the affiliate he
belonged to being de-recognized with no warning from the AffCom, really did
rang all bells that we could be next in line if something was not done.
Anyway, from my part I just want this to end, so that we can return to
normality here, the way we were back in April before AffCom had come into
the scene. To the extent that it is still possible, after all the heavy
burnout caused by this whole situation.
Warm regards,
Paulo
[1] -
Samuel Klein <meta.sj(a)gmail.com> escreveu no dia quarta, 10/10/2018 à(s)
18:32:
Gonçalo, Goethe, and all: Thank you for your work,
which I appreciate
dearly, and for the public discussion. I can also imagine this was a very
hard letter to write.
Paulo, to your concerns:
for a Foundation-run committee[3] that apparently
wants to kill us at all
costs.
Euh... surely not .v_v.
These troubles can come up in good faith, when two groups work intently and
separately on the same issue, ando d not talk openly to one another for
reasons of imagined duty + propriety. Tossing insults back and forth just
makes it easier for people to shut down communication.
Somehow I suspect that invocations of The Law and the intervention of legal
anxieties (with their preoccupations with secrecy) has led to much of the
trouble here. So Pine, to your point: /more/ legal counsel reporting to
only one of the parties involved might not help. On the other hand, we as
a movement deciding to share more openly our internal discussions around
legal concerns — even if this means taking on slightly more legal risk —
would reduce some of these evident social risks.
Warmly,
SJ
On Wed, Oct 10, 2018 at 8:47 AM Paulo Santos Perneta <
paulosperneta(a)gmail.com> wrote:
Some time ago, a Wikimedian friend told me AffCom
is like the physician
that comes to help with the cure when an Affiliate is ill. But that's
really what they were in this WMPT case? This is a very bizarre
situation,
of which I'm personally having a lot of
difficulties finding rational
answers to it, let alone any conclusion. All I can offer is a personal
account of the situation, to those who would be kind enough to have an
interest on this case.
Last May we at WMPT were really not expecting seeing AffCom bursting
through the room in an emergency intervention, fixing what didn't need to
be fixed, and willing to moderate what didn't need any moderation. As in
the proverbial Monty Phyton scene[1], they quickly became the problem
themselves.
Many of us at WMPT are long-term Wikimedian volunteers, some of us for
more
than a decade already, in perfect good standing
in our communities, where
we hold and held responsibility roles. It includes current and former
bureaucrats, sysops, ArbCom members, very active contributors to a number
of Wikimedia projects. Most of us are founding members or directly
connected to WMPT since its inception in 2009.
Last March, when we took on ourselves this mission of fix and rebuild
Wikimedia Portugal, who had been dormant for about 5 years, we were not
expecting to face such a mighty and impenetrable adversary as AffCom has
proven to be.
For six months already we have been embroiled by AffCom in this Kafkian
suspension process, where we are generally not told what the accusations
are, and much less who is accusing us. It has been extremely painful,
exhausting, and frustrating for everyone involved.
We reached our limit. A number of us are now seriously considering
abandoning not only the chapter, but the Wikimedia projects entirely, if
we
continue not being treated with the fairness and
transparency we deserve.
It truly begs the existential question of what are we all doing here,
dedicating countless and very valuable hours of our lives for a Movement
that lets this happen, for a Foundation-run committee[3] that apparently
wants to kill us at all costs.
Personally, I'm still confident that we'll successfully pass through this
probation, and everything will become again the very optimistic scenario
we
all had last April, when we successfully elected
a working board, and
started working with great dedication in the many projects we have now
running here in Portugal. I can only imagine how painful it was and is
being for Gonçalo, to came here making this situation public and sharing
it
with everybody. We all have our dignity, nobody
at WMPT likes this at
all.
For many months we tried to cope with this
discreet and silently. But
everything has a limit.
Regards,
Paulo
[1] -
https://en.wikipedia.org/wiki/The_Spanish_Inquisition_(Monty_Python)
[2] - As AffCom seems to be, despite what is
written in their Meta page(
https://meta.wikimedia.org/wiki/Affiliations_Committee)
GoEthe.wiki <goethe.wiki(a)gmail.com> escreveu no dia terça, 9/10/2018
à(s)
11:13:
> The original message was rejected due to a filter rule match, but you
can
https://lists.wikimedia.org/pipermail/wikimediapt/2018-October/002698.html
> I am sending it below without the links.
Please access the link above
for
> the full version.
> __________
>
> Sorry in advance for the lengthy email – the tl;dr version is:
Wikimedia
> Portugal has done all it was asked to do, so
the suspension that was
held
> conditional to performing those steps must
be lifted accordingly. For
the
sake of
transparency, we are sending this out to not only the AffCom
mailing list, but also Wikimedia-l and WikimediaPT-l.
_________
Dear members of AffCom,
(cc to the Wikimedia Portugal mailing list, Wikimedia mailing list)
Last 5th October we were again surprised by the content of your email
(quoted below) in response to us completing the roadmap we had agreed
upon
> in order to remove the suspension of Wikimedia Portugal. On that
message,
you say
you have once more received information whose substantiation is
not
> mentioned, from sources that are not disclosed. And still you seem to
> accept it as the truth without even providing us with the opportunity
to
> get properly acquainted with it, let alone
rebate or contradict it.
While
you speak
of transparency, that message is unsettlingly opaque, as have
been multiple such messages relayed to us in the course of this whole
process.
As you are well aware, Wikimedia Portugal was faced in March with a
situation where the president of the Board, João Vasconcelos, became
demissionary without any previous warning [1]. It should be noted that
when
> Vasconcelos was elected as president of the Board back in 2015, he
wasn’t
elected
based on any background as a Wikimedia editor, as he has no
history
> of contribution to any of the Wikimedia projects, but rather on his
self
> proclaimed merits on organisational and
conflict management (!).
Despite
the best
efforts of several people from Wikimedia Portugal over the
years,
> Vasconcelos sadly never really integrated well neither on Wikimedia
> Portugal, nor in the Portuguese Wikimedia community.
>
> So, in light of what looked like an existential threat for WMPT, I and
a
> number of other WMPT members have publicly
and transparently mobilized
> ourselves to organize an extraordinary General Election to elect the
new
> Board. Vasconcelos was probably
expecting/hoping that we would ask him
to
> stay. But we have seen this sort of behavior
elsewhere [a].We didn't.
> Instead, we handled the situation cooperatively, as a group, openly.
> Vasconcelos never voiced any desire to take part on this collective
> solution-building, as evidenced by his silence from the discussion on
the
Wikimedia
Portugal mailing list in March [2] and April [3]. He was
welcome
> to do so. His only message to the mailing list was two days (13 April)
> before the 15 April General Assembly, announcing that he considered the
> planned General Assembly null [4]. Given the lack of legal standing for
> that claim, we carried on with the General Assembly (the transparent,
> inclusive, democratic governing body of associations), summoned
according
> to our by-laws. This General Assembly
successfully elected new
governing
> bodies, including the Board of Directors.
>
> In May we were surprised by a message from AffCom demanding that we
stop
> taking part in a conflict, and "refrain
from representing ourselves as
> representatives of Wikimedia Portugal" (see quoted message in [5]
> <
https://lists.wikimedia.org/pipermail/wikimediapt/2018-May/002621.html
> >).This
> was the very first time the Committee contacted Wikimedia Portugal
about
> this case. The message provided no legal
precedent or framework for
this
demand,
no indication of what this conflict was, or why AffCom thought
the
> Board was a part of it.
>
> From what we understood, Vasconcelos went to the Wikimedia Conference
in
> Berlin, where he seems to have convinced
AffCom that our General
Assembly
> of 15 April was legally void.
>
> We have repeatedly provided concrete evidence that t it was not the
case,
including
quoting relevant court decisions backing this [6]
<
https://mail.google.com/mail/u/0/(https://lists.wikimedia.org/mailman/priva…
> >.
> In response, AffCom reported having no time to read through legal
texts,
> and therefore not being able to assess the
validity of our
declarations,
but that
is beyond our control. And yet AffCom accepted Vasconcelos’
version without question. It is a legal imperative to be held innocent
until proven guilty, and until it is legally proven there was some
wrongdoing, General Assemblies are valid and binding.
After the April General Assembly we were working, in addition to our
activities and programs, to put the association in order in terms of
obligations to the Portuguese state and the tax authorities, providing
access to WMPT’s bank account to the persons designated on the 15 April
GA,
and so on. Things were getting on track...
We were surprised again in July by a message from AffCom temporarily
suspending Wikimedia Portugal’s recognition as a Wikimedia chapter [7].
In
> that message for the first time you laid out a concrete roadmap that,
if
followed
(as we understood), would lead to lifting the suspension. The
roadmap set out a list of demands from AffCom which we diligently
fulfilled, even well ahead of the required deadlines. We organized and
held
a new General Assembly in September, summoned
according to the
interpretation of the Portuguese Civil Code that AffCom relayed to us
(with
> the exception of anything we believed would make the proceeding
illegal,
> which was communicated in due time to
AffCom). This General Assembly
had
the same
result as before [8]. The Assembly was normally held, despite
severe attempts of sabotage from Vasconcelos, reported in due time to
AffCom, Legal and the Safety team. In addition to the minutes [9], an
audio
> recording of the assembly is available in Commons [10] ; video
recording
is
> also available on request.
>
> We then submitted our overdue Financial Report [11], demonstrated
support
> from the community to the continuation of
the chapter [12], and wrote a
> plan for improved chapter capacity [13]. All should be good now...
>
> Having done all this, despite our disagreement that a new Assembly was
> needed in the first place, we are now again surprised by the reception
of
> the opaque message I mention in the
beginning, sent by AffCom to my
email
> (quoted below) affirming that the Committee
had received reports from
> unstated persons with unspecified concerns about the General Assembly
and
the
capacity of Wikimedia Portugal to run as a chapter. The message
claims
> that "there were a number of issues with lack of transparency [as well
as
> with] providing an opportunity to
participate in an open,
organizational
> process" while not specifying these
issues at all. Your message
questions
> whether we are "prepared as an
Affiliate to prevent disruption in [our]
> organization's collective pursuit of the movement’s mission", even
though
> we have so far been able to handle every
attempt at disruption from
> Vasconcelos.
>
> If we rolled up our sleeves to activate the scattered energies of a
stale
> organization in order to prepare and execute
April’s General Assembly,
it
> was because we were convinced that Wikimedia
Portugal had a viable
future
ahead,
and was of value to the Wikimedia movement. At the time, the
actions
> of Vasconcelos were so absurd that the reaction to them even spurred
some
> founders and (by then) inactive members of
WMPT to offer their help in
> reestablishing a functional organization. Along with the help of a
number
> of historic as well as new members who have
been steadily returning and
> joining our ranks, that’s precisely what we are achieving.
>
> That’s why we’ve been working on fulfilling the AffCom roadmap
requests,
> even if we didn’t like or agree with some
aspects of it. All things
> considered, it was a clear path to resolving our situation, and we
found
> that parts of it could be useful to the
chapter. But AffCom’s
validation
of
> Vasconcelos’ actions and claims, even if unintentional, have real
> consequences for the mental state and safety of our members.
>
> Back in March, when Vasconcelos claimed he had requested our bank to
lock
> the chapter’s bank account, started a
process at the Public Prosecution
> Service, and he had talked with an attorney on that subject, can you
> imagine what André, our treasurer, felt waiting in line in the bank
until
> he found what really happened? In the end,
the bank account had not
been
> locked because of any court order or legal
reason as Vasconcelos
implied,
but
rather because someone had tried to access the bank account without
the
> proper credentials, and the system automatically locked the account.
>
> Before the General Assembly in September, Vasconcelos sent out legal
> threats and even menaces of police intervention to anyone
participating.
We
> still went through with it, but can you imagine how we felt, the
pressure
that was
under some of us? It was all a bluff in the end, but this is
what
you put us through.
Notwithstanding, WMPT activities were happening in parallel. They are
listed on our activities plan for anyone to see [14], and more are
planned.
After several years of inactivity, we are happy
to be on a sustainable
growth path, gradually building capacity and doing the best we can with
the
resources available to us. We’ve also been using
our personal contacts
with
other movements in order to increase our
organization’s capacity. Ana,
newly appointed to the Board, has just returned from Wiki Takes Zamora,
where she was learning from Wikimedia Spain, relaunching the
collaboration
> between both chapters. Two of the events we have planned for November
are
> using this paradigm. We’ll celebrate
Wikidata’s sixth anniversary with
a
local
group of data enthusiasts in Porto, and near Lisbon we’re helping
with the organization and will participate in a FOSS event, so in both
cases we’ll also acquire event organization skills. This growth path is
in
> peril if you continue to undermine our efforts.
>
> Over the last half year we’ve been attacked, offended, insulted,
received
> multiple threats of judicial action by
Vasconcelos, and even an actual
> intimidatory letter from a lawyer working for him (but purportedly on
> behalf of WMPT); and during this entire time we’ve tried not to
escalate
> the situation, not to engage with such
attempts at direct
confrontation,
> nor make them public. You force us now to
disclose this in order to
clear
> our name and set the record straight. With
the help and support of the
> legal and security departments of the Wikimedia Foundation, we have
dealt
with the
actions of Vasconcelos so far. And we will follow the
disciplinary
procedures foreseen for these situations in our
bylaws which may result
in
> his removal from the chapter.
>
> We’ve repeatedly complied in unusually strict terms with legal
> requirements, and with AffCom’s roadmap, while dealing with
Vasconcelos’
> actions as privately as we could in order
not to affect the public
image
of
> the Wikimedia movement, nor its community – but honestly, we’re
reaching
> the point of exhaustion in light of AffCom’s
puzzling behavior along
this
process.
We understand that AffCom may have reserves regarding our
future,
but the way it is dealing with the situation is
clearly
counterproductive.
> How can AffCom keep making new accusations without at least asking us
for
information or confirmations?
Currently, our major source of disruption, distress and anxiety is each
new
> message we receive from AffCom, as they repeatedly defy our
expectations
of
> a partner claiming to be attempting to help us getting back on our
feet.
We
> are actually wary that the next address could be an announcement that
> Wikimedia Portugal has been de-recognized, even after we have passed
our
“road of
trials”, due to the ever moving goalposts. Several of our key
people have reported insomnia, including myself, after receiving your
communications. We’re reaching our physical, psychological, and
motivational limit, in great part due to AffCom’s actions and
inexplicable
lack of support and transparency.
It is time to stop this! Despite what we still believe were your best
intentions, AffCom has inadvertently caused significant destabilization
for
> Wikimedia Portugal.
>
> Please honor your part of the compromise, lift this suspension and let
us
proceed
in the productive pursuit of our collective mission.
Regards,
Gonçalo
Gonçalo Themudo
*Presidente*
*Wikimedia Portugal*
*Email: *goethe.wiki(a)gmail.com
*Website: *http://pt.wikimedia.org <
https://sites.google.com/view/themudo>
*Imagine um mundo onde cada ser humano pode
partilhar livremente a soma
de
todo o conhecimento, na sua própria língua.*
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