Hello,
**
*To the members of Wikimedia Portugal struggling with the ambiguity of
the situation, we offer our sincere sympathy and appreciation for your
continued efforts to find a healthy path forward for your community.
These issues are very close to the heart and the challenges the chapter
is facing can be burdensome to address without additional support. The
future of the chapter community is very important to the AffCom as well
and we are sincere in wanting to help the group to find resolution to
the current issues. There is no predetermined outcome intended by the
committee’s actions. We are continuing to attend to these issues
carefully in order to respect all of the different parties involved. We
are also continuing to examine the details as well as full situation. *
*
Importantly, the last message sent was indeed to ensure what
transparency we can in the process and to identify that we have had
concerns surface around the process from different parties and that we
are continuing to look into these, as well as review the plans you have
submitted, and all other facts regarding the matter. This will take time
however. It was becoming apparent that you may be expecting a more
immediate release from the suspension and we wanted to update you as to
where we are at in the process.
As communicated originally in the July 2018 suspension notice [1] “If
Wikimedia Portugal fully and completely resolves the issues and
requirements listed above and is otherwise in compliance with the
Chapter Agreement and board resolution on organizational best practices
[2], the suspension will be lifted.” however if they failto address
these issues by the datesdescribed above, in accordance with terms of
the Chapter Agreement, we will send a notice of revocationby October 30,
2018.”To review the current status of the requirements set by the
suspension notice:
Requirement
Status
Submit an Action Plan. ByAugust 15, 2018 the Chapter must submit an
updated Action Plan to the Affiliations Committee and Wikimedia
Foundation, including a timeline with dates for calling a new meeting
and elections to ensure the Chapter has a valid Boardby September 15, 2018.
Assembly was relocated in order to be held September 1, 2018. The
committee is currently investigating the issues and concerns raised by
various parties during the course of planning and holding the event.
Submit a plan for active contributor involvement and improved chapter
capacity. By October 15, 2018 the chapter must submit a plan, via email
or posted online, demonstrating how the chapter meets the two specific
chapter requirements, or alternatively a plan and timeline for how you
will correct the issues.
Plan received October 1, 2018 and currently under review.
Complete and submit the required overdue chapter financial reporting. By
September 15, 2018 the chapter must post the required financial reports
to its meta reports page
<https://meta.wikimedia.org/wiki/Wikimedia_chapters/Reports>
2017 Financial report submitted September 2, 2018.
Regarding our last message, our goal was to be transparent about the
continued concerns without getting into the specific details that we are
having to sort through and investigate. It was not our intention to be
too vague to understand what those concerns are. For clarity, they are:
(1) Reputationstandardsand concerns related to ability to manage
conflicts and (2) Concerns related to fulfilling the basic transparency
and disclosure commitments of your jurisdiction and your governing
documents in order to ensure open participation. As stated in the last
message to the chapter, we are currently reviewing the group’s capacity
plan and the situation overall in order to identify needed next steps.
We will be in touch regarding any additional information we need.
Sincerely,
Maor
**
On behalf of the Affiliations Committee
*
On 13/10/2018 8:40 a.m., Paulo Santos Perneta wrote:
I don't think there is little hope neither for
WMPT, not for AffCom.
WMPT is, by all accounts, an healthy chapter - or at least in frank
recovery - which, for about one year is having intermittent problems
with a single associate, in what can be well described as a growing
pain. Since the long dormancy period was broken early this year, we
have already successfully realized two well participated General
Assemblies, both of them successfully reported and validated to the
Portuguese state tax authority. Since we have been dedicatedly and
actively following the mission and objectives of the Wikimedia
Movement, I don't believe there's any rational reason to fear AffCom
concerning the legality and compliance of the chapter.
Due to all the obscurity surrounding AffCom procedures, only they can
know for sure the reasons that led them to act in such a bizarre way
during all this time. My impression is AffCom initially attempted to
play a "moderation process" on the WMPT case similar to those
generally used in editorial conflicts, where both parts are assumed to
have some reason, and then consensus is attempted to reach between
them, usually by mutual concessions. However, this was all but an
"editorial"-like conflict. It's quite hard to imagine how a
negotiation could be envisaged with an individual who kept presenting
himself as chair of the Portuguese chapter "in representation of the
Wikimedia Foundation" (sic), sending legal and personal threats left
and right, and constantly claiming everything done by the WMPT
associates at the General Assemblies was illegal. What would WMPT have
to "negotiate" with him? How could the chapter appease this person? I
can't see.
Anyway, I believe that with all goodwill AffCom may have had dealing
with this case, since the beginning it was impossible to solve without
requesting specialized legal advice, as what was in question was
exactly a judicial dispute, or the threat of that happening. Either
request legal advice, or ignore the threatening party would be
options. Try to decide on legal maters using common sense - the
proverbial IANAL - seems to be not advisable at all. I'm very glad
that, at last, AffCom seems to have recognized that, so we finally may
move on, and see some way out of this conundrum we have unwillingly be
stuck in for the last six months.
Despite the AffCom decision about WMPT, which I'm confident will be
favorable, I frankly do hope that productive and constructive public
discussion on AffCom continues, as it is happening now. I'm a member
of my local chapter, but also a member of the movement, and I fully
recognize the very positive role that a well prepared and functional
AffCom has for the movement. From this experience, as well as other
situations like the one Teles described, it seems probable that AffCom
would gain a lot if it would became more professional. I concur with
Pine that the movement would gain a lot if some money is spent by the
Foundation with the preparation of AffCom. It's basically an
investment, as it would work with efficiency in preventing crisis that
end up both wasting precious Foundation resources, but also
potentially damaging the fundraising potential on the region the
crisis is happening.
I also concur and fully agree that AffCom role should be essentially
for interaffilliate relations, and very limited on internal affiliate
intervention. My personal understanding is that this WMPT case, for
instance, should have gone directly to the legal department of the
Foundation, as we were dealing with a person that was (is?) constantly
misrepresenting himself both locally and abroad not only as chair of
the chapter, but also as a representative of the Wikimedia Foundation
itself. I've never understood why we had to deal with AffCom, when
this seemed something for the legal department.
Regards,
Paulo
Chico Venancio <chicocvenancio(a)gmail.com
<mailto:chicocvenancio@gmail.com>> escreveu no dia sexta, 12/10/2018
à(s) 13:24:
I am not surprised by the lack of follow through by Affcom. In the
Brazilian case we were told a few times we met all requisites for
chapter recognition, but the existence of another user group in
the country was something they felt was enough to disqualify us
until they figured out their rules. Upon us insisting on a formal
evaluation of our request we had a promise of a site visit to make
an evaluation, another promise that was never fulfilled.
When I and others decided to report harassment the result was very
much worse. Affcom demanded, on less than a week notice, that an
onperson meeting with the reported harrasser and a few of the
reported harassed. Upon resistance to that plan, Affcom held
separate meetings with each group. Nonetheless did nothing to
actually evaluate the matter and maintained the position that we
would not achieve chapter status despite meeting the requirements.
WMF trust and safety then had the brilliant idea of pushing the
harassment matter to Affcom, which did absolutely nothing despite
promising mediation and now stating a mediation has taken
place.[1] In fact, when we managed to secure a community led
mediation, Affcom and WMF managed to quickly torpedo it after the
first meeting.
To be honest, I have very little hope for WMPT at this point, it
is an obviously manufactured crisis with sides that have acted in
very different ways but Affcom and WMF do not care. As Brazil did,
Portugal is rocking the boat, and Affcom does not tolerate boat
rocking.
Chico Venancio
[1]
https://meta.wikimedia.org/wiki/Affiliations_Committee/Brazil_Next_Steps
Em sex, 12 de out de 2018 05:56, Paulo Santos Perneta
<paulosperneta(a)gmail.com <mailto:paulosperneta@gmail.com>> escreveu:
Since the first reports about Vasconcelos from WMPT to AffCom,
before the 15 April General Assembly, we were asking AffCom
for legal support to deal with the situation caused by
Vasconcelos, as we are all volunteers and, unlike AffCom, we
have no easy access to lawyers - or at least are unable to pay
them. It was never provided. Instead, AffCom chose to put WMPT
on the freezer for six months already, while continuously
listening to the legal gibberish coming from the "other side",
meaning Vasconcelos, a person that was repeatedly reported to
AffCom for severe harassment against WMPT members. And during
the whole process, AffCom was taking their own conclusions
from that legal gibberish, and trying to reach a "middle
point" between WMPT and Vasconcelos in a situation which is
ruled by the law, like if that would ever be possible, or even
advisable at all.
We had to do everything by ourselves with our limited
resources, without any legal support facilitated by AffCom. We
have extensively read the country law and many court cases
dealing with associations General Assemblies, we have
informally consulted lawyers and jurisconsults, we have done
the best we could to appease AffCom without breaking any
country laws. But, to me, everything would have been
incredibly much easier, clearer and smoother if AffCom had
since the beginning requested the legal expertise we were
asking for.
But apparently, at last, after six months of this purgatory,
we finally are on the right path.
Regards,
Paulo
Em 12/10/2018 04:46, "Kirill Lokshin"
<kirill.lokshin(a)gmail.com <mailto:kirill.lokshin@gmail.com>>
escreveu:
The Affiliations Committee has no intention whatsoever of
changing the
process; rather, we are simply trying to determine whether
the conditions
that we originally set out have in fact been met.
It would, perhaps, have been easier for everyone if we
could have done this
without having to solicit specialized legal expertise,
but the
circumstances seem to have unfortunately precluded a
procedure whose
validity is obvious from a simple reading of the
applicable rules.
Regards,
Kirill
On Thu, Oct 11, 2018 at 8:17 PM Nathan <nawrich(a)gmail.com
<mailto:nawrich@gmail.com>> wrote:
Thank you for acknowledging the existence of this
thread
and the fact that
AffCom is still making some effort to bring the
problem
to a resolution. It
doesn't seem like it should be all that
challenging, if
one disputant is a
single individual and the other is a community of
people
led by those for
whom they have repeatedly expressed support.
If, as described, AffCom laid out a procedure by which
one side could
legitimize itself and then decided to revoke that
procedure after much work
by those trying to follow it... AffCom could
acknowledge
an error and
apologize. That you have described your proposed
next
step is at least
progress in the right direction.
In any case, I'm sure we all look forward to AffCom
sharing the
results of
its solicitation of advice with the Wikimedia
public.
On Thu, Oct 11, 2018 at 8:07 PM Kirill Lokshin
<kirill.lokshin(a)gmail.com <mailto:kirill.lokshin@gmail.com>>
wrote:
> As I believe we mentioned the last time this
particular topic
came up, we
> are unlikely to resolve the intricacies of
Portuguese
nonprofit law by
> debating them on a mailing list.
>
> Gonçalo and his colleagues have quite clearly
expressed their
position:
> they believe that the process by which they
came to
control Wikimedia
> Portugal complies with the applicable
provisions of
Portuguese law. At
the
> same time, the other side in this conflict has
expressed a
contrary
> position: that the process in question does
*not*
comply with those
> provisions.
>
> The Affiliations Committee has obviously been unable
to make any
real
> headway here, particularly as the dispute
hinges in no
small part on
> interpretations of case law rather than a
plain
reading of the applicable
> legal codes; consequently, we've
solicited advice from
actual Portuguese
> legal experts, which we hope to receive in
the near
future. Until that
> happens, however, we are not going to be
able to bring
this to closure,
one
way or the other.
Regards,
Kirill
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--
*"Jülüjain wane mmakat ein kapülain tü alijunakalirua jee wayuukanairua
junain ekerolaa alümüin supüshuwayale etijaanaka. Ayatashi waya junain."*
Maor Malul
Socio, A.C. Wikimedia Venezuela | RIF J-40129321-2 |
Member, Wikimedia Foundation Affiliations Committee
Phone: +972-52-4869915
Twitter: @maor_x
---
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