[Foundation-l] Foundation Discretion Regarding Personnel Matters
Mike Godwin
mgodwin at wikimedia.org
Fri Dec 14 12:20:16 UTC 2007
Nathan writes:
> It seems as though it would have benefited the organization to
> have simply stated at the time of separation between WMF and Ms. Doran
> that there were personnel issues which the Board was bound to
> disclose.
We could not have stated such a thing because it would have been
legally incorrect to do so.
> Additionally, a heads up about imminent disclosure would also have
> been in order given the fact that you consented to an interview with
> the Register (of all publications) and presumably were aware that the
> story would be published.
You may be sure that the question of whether to respond at all to the
Register was fully discussed internally. Part of the problem here, I
think, is that you are presuming we knew enough about what the
Register was going to write to provide you with adequate information
to respond to the story. I believe, for various reasons, that this
was not the case. Please believe me when I say that I prefer to
disclose pretty much everything, and that I prefer that responses to
attacks of this sort come from the community in general rather than
from me in particular.
Please also understand that I retitled this thread for a sound legal
reason. You needn't take my word for it. Talk to any other lawyer
who handles personnel matters.
> If the WMF is unable to comment any further because of
> continuing legal constraints (which is completely possible) that too
> would be pertinent information.
I believe that's what I said.
> If you intended to convey this in your
> response below, it isn't clear to me.
Here's what I wrote:
>> Now,
>> you may disagree about this, and I respect your disagreement, but
>> please understand that even a community-oriented, volunteer-driven
>> enterprise can't always share all the information it has regarding a
>> personnel matter. There are legal constraints that apply to the
>> Board,
>> to staff, and to anyone acting formally on the Foundation's behalf.
I actually used the words you used -- "legal constraints."
But I'll say it again. There are legal constraints on what we can say
about a personnel matter.
--Mike
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