[Foundation-l] Future board meeting (5-7 april 08)

[Geoffrey Plourde]

Is this better?


NON-DISPARAGEMENT AND CONSIDERATION. 
I. Both Employer and Employee agree that the free and open exchange of ideas and information among employees, contractors, and agents of the Foundation is to be encouraged.

II. Employee agrees that, during the term of employment and for three years thereafter, Employee shall not, in any communications with the press or other media, or any customer, client or supplier of company, or any of company affiliates, ridicule or make any statement that personally disparages or is derogatory of Employer or its affiliates or any of their respective directors, trustees, or senior officers. 

III. Additionally, and in consideration of Employee's covenants in this agreement, no directory senior officer of Employer or member of the Board of Trustees of the Employer will, during the same time period, personally criticize, ridicule or make any statement that personally disparages or is derogatory of Employee.

IV. No provision of this agreement shall be considered to supersede the whistleblower protection laws of the United States of America and the whistleblower protection policy of this Organization.

V. No provision of this agreement shall be considered to preclude complaints to appropriate supervisory personnel   

----- Original Message ----
From: Dan Rosenthal <swatjester at gmail.com>
To: Wikimedia Foundation Mailing List <foundation-l at lists.wikimedia.org>
Sent: Sunday, April 13, 2008 5:15:16 PM
Subject: Re: [Foundation-l] Future board meeting (5-7 april 08)

Agree. That's a godawful policy. For instance, "shall not....make any  
statement that ....is derogatory of employer" means that they cannot  
say "Wikimedia Foundation is not good at this". The reciprocal  
agreement is just as bad. For instance, it only prevents "directory  
senior officer[s] of Employer or member[s] of the Board of Trustees"  
from criticizing the employee. It does not prevent, for instance,  
independent contractors from being critical and disparaging of  
employees, something that, according to some accounts that I've heard,  
has been an issue before.

-Dan
On Apr 13, 2008, at 7:40 PM, Thomas Dalton wrote:

>> - begin quote -
>> NON-DISPARAGEMENT AND CONSIDERATION. Both Employer and Employee
>> agree that the free and open exchange of ideas and information  
>> among employees,
>> contractors, and agents of the Foundation is to be encouraged.
>> Employee agrees that, during the term of employment and for three
>> years thereafter, Employee shall not, in any
>> communications with the press or other media, or any customer, client
>> or supplier of
>> company, or any of company affiliates, ridicule or make any statement
>> that personally
>> disparages or is derogatory of Employer or its affiliates or any of
>> their respective directors,
>> trustees, or senior officers. Additionally, and in consideration of
>> Employee's covenants in
>> this agreement, no directory senior officer of Employer or member of
>> the Board of Trustees
>> of the Employer will, during the same time period, personally
>> criticize, ridicule or make any
>> statement that personally disparages or is derogatory of employee.
>> - end quote -
>
> That's lawyerspeak for "You mustn't say bad things about your boss
> (and vice versa)." I would never have signed that. It doesn't even
> acknowledge the Whistleblowing policy, which is directly contradicts
> (presumably that policy takes precedence, but I would have expected it
> to be made explicit). The Whistleblowing policy only applies if what
> you're complaining about is actually illegal. If you just think your
> boss has been doing an appalling job, you're not allowed to do
> anything about it. Saying untrue, or purely hurtful things is clearly
> unacceptable, but anyone should be able to stand up and tell the truth
> as they see it.
>
> _______________________________________________
> foundation-l mailing list
> foundation-l at lists.wikimedia.org
> Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/foundation-l


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