[Foundation-l] A local chapter without Wikimedians

[Bence Damokos]

On Mon, Nov 24, 2008 at 1:59 PM, Michael Bimmler <mbimmler at gmail.com> wrote:

> On Mon, Nov 24, 2008 at 1:50 PM, Béria Lima <berialima at gmail.com> wrote:
>
> > Someone said for we change the bylaws to protect Wikimedia Brasil. We try
> > that, but every time when we tried... We have been silenced with the
> > argument: "The Wikimedia approved the bylaws of the way that is"
> >
>
> Let me just make this clear: Wikimedia Brasil is absolutely free to
> change its bylaws as much and as often as it wants. However, it would
> be good practice to submit the proposed changes (before the vote!) to
> ChapCom and we will give notice if we intend to "veto" them (I mean,
> obviously we can't veto them in a legal sense but we can put the
> chapter on notice that if the chapter *does* make the changes, we
> might have to review their chapter status). Mind you, ChapCom is
> unlikely to veto procedural rearrangements like "The budget needs to
> be approved by 2/3 vote" instead of simple majority vote, but if a
> chapter changes its main aim to "support the independence of province
> X", we will presumably want to interfere. This does NOT mean that
> chapters cannot change their bylaws.
>
> But good point actually, I think we're not actively soliciting notices
> of bylaws changes at the moment. I'll bring this up...


I believe under the Chapters Agreement the WMF and the chapters have to
notify each other if there are substantial changes planned in their bylaws,
but not of all changes [in my interpretation].

"7.2. The Chapter shall be required to advise the Foundation of any planned
or actual change in the bylaws or status of the Chapter which might affect
the Foundation or the continued existence or effectiveness of this contract.

7.3. The Foundation shall be required to advise the Chapter of any planned
or actual change in the bylaws or status of the Foundation which might
affect the Chapter or the continued existence or effectiveness of this
agreement."

In the period between the Board approval (or even ChapCom approval) and the
signing of the Chapters Agreement there is currently no explicit mention of
such notifications to be necessary; although they should constitute good
practice.

(In my view the to-be chapters might be afraid to mention any changes to the
ChapCom  after they have approved them and the Board have not yet, not to
extend the approval process with some more months until the next scheduled
Board meeting takes place. I know, speed should not be an issue, but seeing
as all members of the ChapCom need to vote on the bylaws any re-vote would
significantly extend the approval time, and [following the proposed
procedure] postpone the registration of the chapter with the authorities,
and this in time would have a detrimental effect on the community [who have
to wait a loger time before they can actually start working on chapter
business])
I would not object if it was explicitly stated on the ChapCom's page on meta
that the ChapCom should be notified of changes to the bylaws even after they
have approved a version of it, on the other hand it should be clearly stated
as well what authorisation the ChapCom would have to revoke their
approval (before and after the Board's resolution of actual approval) after
such a notification, if they do not like it.

Best regards,
Bence Damokos