[Foundation-l] Fwd: Wikimedia India Program Trust

[Liam Wyatt]

On 12 November 2011 06:53, Bishakha Datta <bishakhadatta at gmail.com> wrote:

> This thread started out with questions about the legal and practical
> differences between chapter and trust, but has veered much more into the
> terrain of funding and money.
>
> In addition, there have been numerous emails on bank accounts, grants,
> fellowships and what not.
>
> I'm glad we're talking about money and funding, but it's seeming like this
> is of greater concern than programs and activities - surely, funding is
> just a means to an end, rather than an end in itself?
>
> Funding is being discussed almost as if funding is an 'end' in itself - as
> if money is of greater importance than the huge amounts of work needed to
> build editing communities. This is both ironical in a volunteer community,
> and a source of worry, and I would like to place this on record.
>
> Best
> Bishakha
>

I understand what you mean, and agree with the sentiment, but I think the
"funding question" you're referring to is the practical application of the
broader issue of "organisational roles".

What I still don't understand, despite the fast and helpful answers from
both yourself and Hisham (thank you) is the differentiation of the
organisational roles between the Trust and the Chapter. I had originally
assumed that the Trust was set up because it provided a legal way for the
WMF India Team to be a 'branch' organisation of the WMF (not just
individual contractors). But, from reading the description of the legal
setup of the Trust, it seems that the Trust is, in fact, legally
independent. Presumably this means that Hisham and the rest of the team are
now employees of the Trust and no longer contractors to the WMF directly.
If that is the case, then presumably the WMF has basically the same amount
of legal and financial control over the Trust than it has over the Chapter.
Namely, it provides project funds (one-off or ongoing) and provides
trademark permission. Both organisations, presumably, also have the right
to seek funding and undertake projects independently from the WMF so long
as they meet their organisation's mission.

Therefore... I'm confused about the differentiation of organisational roles
because it seems we now have two, independent from each other, non-profit
organisations in India that are both also equally independent from the WMF.
The only difference, as I understand it from what Bishakha explained
earlier, is that the Chapter is legally a "Society" (with an elected board
and members) and the Trust has two appointed trustees.

Is that the case? As a practical question - to make it more concrete and
less abstract - what can the Trust do that the Chapter cannot? And, if the
Chapter can legally do all the things that the Trust can do (and the WMF
has the same amount of control either way), why do we need two
organisations?

-Liam
p.s. and yes, to support Erik's point, let's please focus on what actual
work can be done rather than arguing about who was present at which meetups
and whether contractors are "outsiders".