I don't think wordsmithing a boilerplate email footer to solve a hypothetical problem is really a worthwhile use of staff and trustee time.
Dan On Wed, 23 Jan 2019 at 11:35, Fæ <[email protected]> wrote: > On Tue, 22 Jan 2019 at 15:26, Michael Maggs <[email protected]> wrote: > > > > The disclaimer has been carefully worded and is correct: WMUK is > legally independent from the Foundation. The two entities co-operate of > course, and have contractual understandings, but they are nevertheless > independent. Indeed, it is an essential requirement of our English and > Scottish charitable status that we are and that we remain independent. > > > > Michael > > Thanks Michael, that is what a trustee would explain to the Charity > Commission, and it's how we pitched our world view when we applied for > charity status, many years ago. However we are discussing an email > footer, that the public and unpaid volunteers are supposed to make > plain English sense of, not a narrowly scoped legal position statement > for charity lawyers to scrutinize. > > The murky realpolitik, is that the UK Chapter signed a Chapters > Agreement with the Wikimedia Foundation. It is legally binding, and a > firm requirement if the UK Chapter wishes to use any Wikimedia > branding in any of its publications, such as the Wikipedia logo. Among > other implications, the UK Chapter is not allowed to do any > fundraising using the Wikimedia websites. The past few years have > demonstrated very clearly that the WMF will never again allow any > Chapter to do any fundraising this way, regardless of how well they do > in any year, or ever improve in the future.[1] > > WMF management can choose to remove WMUK's Chapter status, and > consequently deny any future central funding at any time for any > reason (regardless of existing FDC decisions), including the WMF > suddenly deciding it does not like the idea of having Affiliates any > more, or vaguely deciding that something about the UK Chapter does not > sufficiently align with the WMF's organizational goals. > > In the mind of any casual reader of WMUK's email footer, the claim > that the UK Chapter is "independent", when the Foundation has full > control of these core aspects of the operation of the Chapter is not a > plain English use of the word "independent". Good UK Charity practice > is to use common sense plain English and avoid misleading its members > with legal jargon. As there is no actual real benefit to this email > footer, the Chapter can drop these without any risk to its operations. > Anyway, you are probably are all too keenly away that boilerplate > disclaimers in public emails from charities offer no protection in the > case of a legal action, so these extra sentences have no value apart > from a faux sense of comfort to the writer. Including them in every > email is irrelevant to addressing, say, the ECommerce Regulations, > which do not apply to these types of public discussion.[2] > > Links > 1. Probably because WMF senior management really like having full > control of the money in their own U.S. bank account. Despite the tax > and exchange costs of taking a UK donation, holding the cash in the > USA, then paying it back to an affiliate in the UK via an FDC funding > decision. The end to end avoidable costs and administrative burden of > doing fundraising this roundabout way have not been published by the > WMF in recent years, as they have avoided publishing almost any > appropriately detailed statements of expenses. > 2. https://en.wikipedia.org/wiki/Electronic_Commerce_Regulations_2002 > > Thanks, > Fae > > > On 22 Jan 2019, at 15:16, Lucy Crompton-Reid < > [email protected]> wrote: > > > > Hi Fae and all > > > > Yes indeed, happy to publish the draft on meta. > > > > I see what you mean about the disclaimer...pretty sure it's just what I > inherited but will certainly review. > > > > Thanks and best > > Lucy > > > > On Tue, 22 Jan 2019 at 13:32, Fæ <[email protected]> wrote: > >> > >> Hi Lucy, > >> > >> For as long as the Chapter has created strategic plans, these have > >> been published and developed on-wiki, with all the normal benefits of > >> being open for consultation. > >> > >> In the light of issues with the local chapter wiki, and the fact that > >> funding related reports are already published on the (WMF operated) > >> meta wiki, could the draft be published on meta this time? Doing this > >> will make it much easier for non-London and even non-UK resident > >> Wikimedians to provide early feedback. For example, all those active > >> volunteers that help other WMF Associations with reviewing strategies > >> and budgets. > >> > >> P.S. Could you revisit the disclaimer on the UK Chapter email footer? > >> This states "The Wikimedia projects are run by the Wikimedia > >> Foundation (who operate Wikipedia, amongst other projects). Wikimedia > >> UK is an independent non-profit charity with no legal control over > >> Wikipedia nor responsibility for its contents", which most readers > >> would presume means that WMUK is independent of the Wikimedia > >> Foundation, though the Chapters Agreement means that it legally, and > >> literally, is not. > >> > >> Thanks, > >> Fae > >> > >> On Mon, 21 Jan 2019 at 12:50, Lucy Crompton-Reid > >> <[email protected]> wrote: > >> > > >> > Dear all > >> > > >> > This is just a reminder about the meeting on Wednesday 30th January > from 4pm - 7pm to discuss and develop Wikimedia UK's new strategic plan, > for the period February 2019 - January 2022. This is a key opportunity for > volunteers and other stakeholders to input into the development of the > charity's future direction, and so we'd love to see as many of you there as > possible. We can cover travel costs, subject to prior approval, as we don't > want cost to be a barrier to anyone's attendance. > >> > > >> > Please do email [email protected] if you are planning to attend > next week, and let her know if you need Wikimedia UK to cover your travel > costs. We need to know who's coming so that we can ensure we have a > suitably sized space (and pizza), and also so that we can let attendees > know of any changes to the schedule or venue. I will be sharing an agenda > for the meeting and the draft strategic framework later in the week. > >> > > >> > Thanks and best > >> > Lucy > >> > > >> > > >> > > >> > > >> > -- > >> > Lucy Crompton-Reid > >> > Chief Executive > >> > Wikimedia UK > >> > +44 (0) 203 372 0762 > >> > > >> > Wikimedia UK is the national chapter for the global Wikimedia open > knowledge movement, and a registered charity. We rely on donations from > individuals to support our work to make knowledge open for all. Have you > considered supporting Wikimedia? https://donate.wikimedia.org.uk > >> > > >> > Company Limited by Guarantee registered in England and Wales, > Registered No. 6741827 > >> > Registered Charity No.1144513 > >> > Registered Office Ground Floor, Europoint, 5 - 11 Lavington Street, > London SE1 0NZ > >> > > >> > The Wikimedia projects are run by the Wikimedia Foundation (who > operate Wikipedia, amongst other projects). Wikimedia UK is an independent > non-profit charity with no legal control over Wikipedia nor responsibility > for its contents. > >> > >> -- > >> [email protected] https://commons.wikimedia.org/wiki/User:Fae > >> > >> _______________________________________________ > >> Wikimedia UK mailing list > >> [email protected] > >> https://lists.wikimedia.org/mailman/listinfo/wikimediauk-l > >> WMUK: https://wikimedia.org.uk > > > > > > > > -- > > Lucy Crompton-Reid > > Chief Executive > > Wikimedia UK > > +44 (0) 203 372 0762 > > > > Wikimedia UK is the national chapter for the global Wikimedia open > knowledge movement, and a registered charity. We rely on donations from > individuals to support our work to make knowledge open for all. Have you > considered supporting Wikimedia? https://donate.wikimedia.org.uk > > > > Company Limited by Guarantee registered in England and Wales, Registered > No. 6741827 > > Registered Charity No.1144513 > > Registered Office Ground Floor, Europoint, 5 - 11 Lavington Street, > London SE1 0NZ > > > > The Wikimedia projects are run by the Wikimedia Foundation (who operate > Wikipedia, amongst other projects). Wikimedia UK is an independent > non-profit charity with no legal control over Wikipedia nor responsibility > for its contents. > > > > _______________________________________________ > > Wikimedia UK mailing list > > [email protected] > > https://lists.wikimedia.org/mailman/listinfo/wikimediauk-l > > WMUK: https://wikimedia.org.uk > > > > _______________________________________________ > > Wikimedia UK mailing list > > [email protected] > > https://lists.wikimedia.org/mailman/listinfo/wikimediauk-l > > WMUK: https://wikimedia.org.uk > > > > -- > [email protected] https://commons.wikimedia.org/wiki/User:Fae > Personal and confidential, please do not circulate or re-quote. > > _______________________________________________ > Wikimedia UK mailing list > [email protected] > https://lists.wikimedia.org/mailman/listinfo/wikimediauk-l > WMUK: https://wikimedia.org.uk
_______________________________________________ Wikimedia UK mailing list [email protected] https://lists.wikimedia.org/mailman/listinfo/wikimediauk-l WMUK: https://wikimedia.org.uk
