[Wikimedia-l] Wikimedia CH staff changes in 2013

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[Wikimedia-l] Wikimedia CH staff changes in 2013

Charles Andrès-2
Dear all,
We have the pleasure to announce the hiring of 2 new employees and one long-term contractor in 2013. On the other hand, Chantal Ebongué, our Chief Administrative Officer, will leave her job at the end of July.
The three hiring are:
 - Manuel Schneider, as Chief Information Officer and Event Manager, who has started on 1st January 2013 (so this announcement is long overdue !)
 - Muriel Staub, as German-speaking Community manager, who will start on 1st May 2013
 - Ilario Valdelli, Italian-speaking Community and GLAM manager, who will start on 1st may 2013.
Muriel Staub will be our new German-speaking Community manager a 50% position. Muriel is preparing a Master in Management, Organization Studies and Cultural Theory at the University of Sankt Gallen. The subject of her Master Thesis is "How does the use of Wikipedia affect the production and sourcing of knowledge at Swiss Universities". She has a strong experience as community manager for Apple, as well as having managed academic events as a personal assistant of the Chancellor and Vice President of the Leuphana University in Lüneburg, Germany.
Ilario Valdelli is hired as our Italian-speaking Community and GLAM manager, also a 50% position. Ilario has a Master in Arts and worked for many years in the IT field. He is a well-known member of the Wikimedia community; he is founding member of Wikimedia CH as well as a current Board member (he was of course not involved in the hiring process, and will not remain on the board when his new job starts). He knows very well the Ticinese community and has already developed strong partnerships with GLAMs in this area.
The Community managers will work actively with the German or Italian-speaking community to support them in accomplishing projects and get in touch with Wikimedia entities and officials. They help the community by gathering requests and ideas, communicating them to all relevant parties and translating information wherever needed. This includes support to bring formal requests and motions to WMCH by helping to prepare them, translate them and present them to the Board. It's their responsibility to make sure the community voices are heard inside the association and that activities and communications of Wikimedia movement entities are also replicated into the communities. As a GLAM Manager, Ilario will continue to contact GLAMs in Ticino and create various partnerships aiming to develop GLAM collaborations in Switzerland.
Manuel Schneider, another well-known member of the community, has been hired in January 2013 as a long-term part-time contractor to support Wikimedia CH with its technical infrastructure, help with technical questions in our projects and manage events. Manuel has been a Wikipedian since 2004. A co-founder of Wikimedia CH, he has technically supported both our chapter and the wider community for many years, helping in particular to organize several Wikimanias. Currently, Manuel has a lot to do working on our internal infrastructure (servers, backups, donation process, etc), but he should soon be able to spend more time supporting our actual projects, something that will benefit the wider community.
Chantal Ebongué is WMCH’s CAO since July 2012. She was hired as our first employee to make the step for professionalization and gave a more solid administrative basis to our association. Thanks to her, after almost one year, the results are positive : WMCH has 4 staff members, an office in Lausanne, the 2012-2013 fundraiser was a success, new projects have started or are in the, and reporting and communication have been improved even if it’s not perfect yet.
Chantal decided to resign from her position on July 31 2013, after having completed the transition phase. The success of Chantal's work can be seen by the increasing number of appeals we receive from cultural or education institution; the dark side of the success is that she has no time left for her for doing actual work on cultural or educational content, which was her initial motivation when joining WM CH. She will move to a new job where she will be able to create original work.
Chantal will support us in the hiring strategy for the next step and we wish her the best for the future.
As an important lesson, we are more than ever convinced that the professionalization of a chapter must go by leaps and bounds, and should involve several hirings at the same time. It is impossible for a single employee to handle the management of projects and the  administrative overheads, especially during the setup phase. We also believe that we need a good balance between members of the community and "external" people: it is likely a good thing to have administrative staff who is not from the community, but he/she needs to be able to rely on a day-to-day basis on someone who knows the community, something impossible to achieve when hiring only one person at a time.
As such, while the limitation of growth for established chapters is certainly a good thing, chapters that hires their first employees should be allowed to increase their budget drastically at once (with appropriate oversignt, of course).
Charles
___________________________________________________________
Charles ANDRES, Chairman
"Wikimedia CH" – Association for the advancement of free knowledge –
www.wikimedia.ch
Skype: charles.andres.wmch
IRC://irc.freenode.net/wikimedia-ch
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Re: [Wikimedia-l] Wikimedia CH staff changes in 2013

Thomas Dalton
Charles,

Thank you for sharing this information. Can you elaborate on how the
conflict of interest of hiring a current board member was managed?

You say Ilario wasn't involved in the hiring process, but appropriately
managing such a conflict is more difficult than that. Did Ilario recuse
from all discussions and decisions about the job from the early planning
stages (ie. well before the job was advertised)? Did you seek professional
advise on how to manage the conflict?

In the UK, I think it is normal for a trustee to resign at least before
they apply for the job, ideally sooner.
On 9 Apr 2013 18:08, "Charles Andrès" <[hidden email]> wrote:

> Dear all,
> We have the pleasure to announce the hiring of 2 new employees and one
> long-term contractor in 2013. On the other hand, Chantal Ebongué, our Chief
> Administrative Officer, will leave her job at the end of July.
> The three hiring are:
>  - Manuel Schneider, as Chief Information Officer and Event Manager, who
> has started on 1st January 2013 (so this announcement is long overdue !)
>  - Muriel Staub, as German-speaking Community manager, who will start on
> 1st May 2013
>  - Ilario Valdelli, Italian-speaking Community and GLAM manager, who will
> start on 1st may 2013.
> Muriel Staub will be our new German-speaking Community manager a 50%
> position. Muriel is preparing a Master in Management, Organization Studies
> and Cultural Theory at the University of Sankt Gallen. The subject of her
> Master Thesis is "How does the use of Wikipedia affect the production and
> sourcing of knowledge at Swiss Universities". She has a strong experience
> as community manager for Apple, as well as having managed academic events
> as a personal assistant of the Chancellor and Vice President of the
> Leuphana University in Lüneburg, Germany.
> Ilario Valdelli is hired as our Italian-speaking Community and GLAM
> manager, also a 50% position. Ilario has a Master in Arts and worked for
> many years in the IT field. He is a well-known member of the Wikimedia
> community; he is founding member of Wikimedia CH as well as a current Board
> member (he was of course not involved in the hiring process, and will not
> remain on the board when his new job starts). He knows very well the
> Ticinese community and has already developed strong partnerships with GLAMs
> in this area.
> The Community managers will work actively with the German or
> Italian-speaking community to support them in accomplishing projects and
> get in touch with Wikimedia entities and officials. They help the community
> by gathering requests and ideas, communicating them to all relevant parties
> and translating information wherever needed. This includes support to bring
> formal requests and motions to WMCH by helping to prepare them, translate
> them and present them to the Board. It's their responsibility to make sure
> the community voices are heard inside the association and that activities
> and communications of Wikimedia movement entities are also replicated into
> the communities. As a GLAM Manager, Ilario will continue to contact GLAMs
> in Ticino and create various partnerships aiming to develop GLAM
> collaborations in Switzerland.
> Manuel Schneider, another well-known member of the community, has been
> hired in January 2013 as a long-term part-time contractor to support
> Wikimedia CH with its technical infrastructure, help with technical
> questions in our projects and manage events. Manuel has been a Wikipedian
> since 2004. A co-founder of Wikimedia CH, he has technically supported both
> our chapter and the wider community for many years, helping in particular
> to organize several Wikimanias. Currently, Manuel has a lot to do working
> on our internal infrastructure (servers, backups, donation process, etc),
> but he should soon be able to spend more time supporting our actual
> projects, something that will benefit the wider community.
> Chantal Ebongué is WMCH’s CAO since July 2012. She was hired as our first
> employee to make the step for professionalization and gave a more solid
> administrative basis to our association. Thanks to her, after almost one
> year, the results are positive : WMCH has 4 staff members, an office in
> Lausanne, the 2012-2013 fundraiser was a success, new projects have started
> or are in the, and reporting and communication have been improved even if
> it’s not perfect yet.
> Chantal decided to resign from her position on July 31 2013, after having
> completed the transition phase. The success of Chantal's work can be seen
> by the increasing number of appeals we receive from cultural or education
> institution; the dark side of the success is that she has no time left for
> her for doing actual work on cultural or educational content, which was her
> initial motivation when joining WM CH. She will move to a new job where she
> will be able to create original work.
> Chantal will support us in the hiring strategy for the next step and we
> wish her the best for the future.
> As an important lesson, we are more than ever convinced that the
> professionalization of a chapter must go by leaps and bounds, and should
> involve several hirings at the same time. It is impossible for a single
> employee to handle the management of projects and the  administrative
> overheads, especially during the setup phase. We also believe that we need
> a good balance between members of the community and "external" people: it
> is likely a good thing to have administrative staff who is not from the
> community, but he/she needs to be able to rely on a day-to-day basis on
> someone who knows the community, something impossible to achieve when
> hiring only one person at a time.
> As such, while the limitation of growth for established chapters is
> certainly a good thing, chapters that hires their first employees should be
> allowed to increase their budget drastically at once (with appropriate
> oversignt, of course).
> Charles
> ___________________________________________________________
> Charles ANDRES, Chairman
> "Wikimedia CH" – Association for the advancement of free knowledge –
> www.wikimedia.ch
> Skype: charles.andres.wmch
> IRC://irc.freenode.net/wikimedia-ch
> _______________________________________________
> Wikimedia-l mailing list
> [hidden email]
> Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l
>
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Re: [Wikimedia-l] Wikimedia CH staff changes in 2013

Charles Andrès-2
Hello Thomas,
 
Thanks for asking!

In fact, it was as easy as said :-)  Ilario has just never been involved in the recruitment process. In WMCH we believe that the conflict of interest is not solved with the resignation, but giving the whole process in the hands of a committee.

The use of the committees are usual in Wikimedia (i.e the FDC) exactly to avoid this kind of problems.

To make a long story short, the recruitment process was not a Board process. Chantal was involved from the start, the job descriptions have been realized by French-speakers  (Chantal , me and Yann, a professional community manager). The interviews have been conducted by a committee of four people: Chantal, Yann, Patrick (Board member and active in both languages) and Manuel (our CIO).

The board continued to work normally side by side with the selection committee without any interference or pressure. The same communication was split in different channels.

The selection committee provided a report to the Board (less Ilario) and we just validated their conclusions.

Please have in mind that the meaning of "Board member" is not the same in all countries. In Switzerland all Board members are elected for one year only, with no appointed member, and we try to split as much as possible executive duties and board duties. For some countries it can seem hard to avoid a COI, for others its easier.

Cheers

Charles
___________________________________________________________
I use this email for mailing list only.

Charles ANDRES, Chairman
"Wikimedia CH" – Association for the advancement of free knowledge –
www.wikimedia.ch
Skype: charles.andres.wmch
IRC://irc.freenode.net/wikimedia-ch

Le 9 avr. 2013 à 20:55, Thomas Dalton <[hidden email]> a écrit :

> Charles,
>
> Thank you for sharing this information. Can you elaborate on how the
> conflict of interest of hiring a current board member was managed?
>
> You say Ilario wasn't involved in the hiring process, but appropriately
> managing such a conflict is more difficult than that. Did Ilario recuse
> from all discussions and decisions about the job from the early planning
> stages (ie. well before the job was advertised)? Did you seek professional
> advise on how to manage the conflict?
>
> In the UK, I think it is normal for a trustee to resign at least before
> they apply for the job, ideally sooner.
> On 9 Apr 2013 18:08, "Charles Andrès" <[hidden email]> wrote:
>
>> Dear all,
>> We have the pleasure to announce the hiring of 2 new employees and one
>> long-term contractor in 2013. On the other hand, Chantal Ebongué, our Chief
>> Administrative Officer, will leave her job at the end of July.
>> The three hiring are:
>> - Manuel Schneider, as Chief Information Officer and Event Manager, who
>> has started on 1st January 2013 (so this announcement is long overdue !)
>> - Muriel Staub, as German-speaking Community manager, who will start on
>> 1st May 2013
>> - Ilario Valdelli, Italian-speaking Community and GLAM manager, who will
>> start on 1st may 2013.
>> Muriel Staub will be our new German-speaking Community manager a 50%
>> position. Muriel is preparing a Master in Management, Organization Studies
>> and Cultural Theory at the University of Sankt Gallen. The subject of her
>> Master Thesis is "How does the use of Wikipedia affect the production and
>> sourcing of knowledge at Swiss Universities". She has a strong experience
>> as community manager for Apple, as well as having managed academic events
>> as a personal assistant of the Chancellor and Vice President of the
>> Leuphana University in Lüneburg, Germany.
>> Ilario Valdelli is hired as our Italian-speaking Community and GLAM
>> manager, also a 50% position. Ilario has a Master in Arts and worked for
>> many years in the IT field. He is a well-known member of the Wikimedia
>> community; he is founding member of Wikimedia CH as well as a current Board
>> member (he was of course not involved in the hiring process, and will not
>> remain on the board when his new job starts). He knows very well the
>> Ticinese community and has already developed strong partnerships with GLAMs
>> in this area.
>> The Community managers will work actively with the German or
>> Italian-speaking community to support them in accomplishing projects and
>> get in touch with Wikimedia entities and officials. They help the community
>> by gathering requests and ideas, communicating them to all relevant parties
>> and translating information wherever needed. This includes support to bring
>> formal requests and motions to WMCH by helping to prepare them, translate
>> them and present them to the Board. It's their responsibility to make sure
>> the community voices are heard inside the association and that activities
>> and communications of Wikimedia movement entities are also replicated into
>> the communities. As a GLAM Manager, Ilario will continue to contact GLAMs
>> in Ticino and create various partnerships aiming to develop GLAM
>> collaborations in Switzerland.
>> Manuel Schneider, another well-known member of the community, has been
>> hired in January 2013 as a long-term part-time contractor to support
>> Wikimedia CH with its technical infrastructure, help with technical
>> questions in our projects and manage events. Manuel has been a Wikipedian
>> since 2004. A co-founder of Wikimedia CH, he has technically supported both
>> our chapter and the wider community for many years, helping in particular
>> to organize several Wikimanias. Currently, Manuel has a lot to do working
>> on our internal infrastructure (servers, backups, donation process, etc),
>> but he should soon be able to spend more time supporting our actual
>> projects, something that will benefit the wider community.
>> Chantal Ebongué is WMCH’s CAO since July 2012. She was hired as our first
>> employee to make the step for professionalization and gave a more solid
>> administrative basis to our association. Thanks to her, after almost one
>> year, the results are positive : WMCH has 4 staff members, an office in
>> Lausanne, the 2012-2013 fundraiser was a success, new projects have started
>> or are in the, and reporting and communication have been improved even if
>> it’s not perfect yet.
>> Chantal decided to resign from her position on July 31 2013, after having
>> completed the transition phase. The success of Chantal's work can be seen
>> by the increasing number of appeals we receive from cultural or education
>> institution; the dark side of the success is that she has no time left for
>> her for doing actual work on cultural or educational content, which was her
>> initial motivation when joining WM CH. She will move to a new job where she
>> will be able to create original work.
>> Chantal will support us in the hiring strategy for the next step and we
>> wish her the best for the future.
>> As an important lesson, we are more than ever convinced that the
>> professionalization of a chapter must go by leaps and bounds, and should
>> involve several hirings at the same time. It is impossible for a single
>> employee to handle the management of projects and the  administrative
>> overheads, especially during the setup phase. We also believe that we need
>> a good balance between members of the community and "external" people: it
>> is likely a good thing to have administrative staff who is not from the
>> community, but he/she needs to be able to rely on a day-to-day basis on
>> someone who knows the community, something impossible to achieve when
>> hiring only one person at a time.
>> As such, while the limitation of growth for established chapters is
>> certainly a good thing, chapters that hires their first employees should be
>> allowed to increase their budget drastically at once (with appropriate
>> oversignt, of course).
>> Charles
>> ___________________________________________________________
>> Charles ANDRES, Chairman
>> "Wikimedia CH" – Association for the advancement of free knowledge –
>> www.wikimedia.ch
>> Skype: charles.andres.wmch
>> IRC://irc.freenode.net/wikimedia-ch
>> _______________________________________________
>> Wikimedia-l mailing list
>> [hidden email]
>> Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l
>>
> _______________________________________________
> Wikimedia-l mailing list
> [hidden email]
> Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l

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Re: [Wikimedia-l] Wikimedia CH staff changes in 2013

Thomas Dalton
On 10 April 2013 08:10, Charles Andrès <[hidden email]> wrote:
> Hello Thomas,
>
> Thanks for asking!
>
> In fact, it was as easy as said :-)  Ilario has just never been involved in the recruitment process. In WMCH we believe that the conflict of interest is not solved with the resignation, but giving the whole process in the hands of a committee.

Thank you for clarifying, but it really isn't that easy... Did you
seek professional advice from either a charity lawyer or a charity
governance expert?

I don't know how these things work in Switzerland, but the relevant
guidance from the UK Charity Commission can be found here:

http://www.charitycommission.gov.uk/Charity_requirements_guidance/Charity_governance/Good_governance/conflicts.aspx#8a

"In the case of a trustee also being employed in a separate post
within the charity, or a trustee being paid for a service provided to
the charity, the conflict of interest may result in a liability to
repay salary or other related benefits. It should not be assumed that
such conflict can be overcome merely by the person concerned resigning
as a trustee, either before or after taking up the post. The only
instance where authority may not be needed is where, practically, the
trustees can show that there is no conflict of interest. In our view,
this is confined to the fairly narrow circumstance where the trustee
concerned:

* has had no significant involvement with the trustees’ decision to
create or retain the post, or with any material aspect of the
recruitment process
* where that person resigns as a trustee in order to apply for the
employed post in advance of a fair and open competition for it

All other circumstances require an express authority. "

"Authority" in this context means either an express authority in the
governing documents of the charity, a court order or permission from
the Charity Commission.

Under UK guidance, the approach you took would not be at all acceptable.

This is a very serious matter. A charity paying a trustee (other than
to reimburse actual expenses incurred) is probably the biggest
conflict of interest you can get. It needs to be handled extremely
carefully.

Can you elaborate on how the decision to create the post was carried
out (presumably it was part of your annual planning process)? Was
Ilario involved in that?

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Re: [Wikimedia-l] Wikimedia CH staff changes in 2013

Ilario Valdelli
Personal answer...

You are giving examples and references not compatible with this case.

For instance you give a link of paragraph entitled "payment of a trustee",
but I have not received any payment and I am still a volunteer.

You refer to this specific case: "In the case of a trustee *also being
employed* in a separate post within the charity, or *a trustee being paid
for a service provided* to the charity, the conflict of interest may result
in a liability to repay salary or other related benefits", but *I am not
employed yet and I received no payments for my service.

*It has been unclear that Wikimedia CH will have the General Assembly the
27th April and in that date the board will change. I will start to work
from 1st May.

As per Swiss bylaws I have been a board member and I did it as volunteer.

I suppose that you have misunderstood

Please be careful of speaking about COI and please do it using the right
examples.

Regards


On Wed, Apr 10, 2013 at 1:13 PM, Thomas Dalton <[hidden email]>wrote:

> On 10 April 2013 08:10, Charles Andrès <[hidden email]>
> wrote:
> > Hello Thomas,
> >
> > Thanks for asking!
> >
> > In fact, it was as easy as said :-)  Ilario has just never been involved
> in the recruitment process. In WMCH we believe that the conflict of
> interest is not solved with the resignation, but giving the whole process
> in the hands of a committee.
>
> Thank you for clarifying, but it really isn't that easy... Did you
> seek professional advice from either a charity lawyer or a charity
> governance expert?
>
> I don't know how these things work in Switzerland, but the relevant
> guidance from the UK Charity Commission can be found here:
>
>
> http://www.charitycommission.gov.uk/Charity_requirements_guidance/Charity_governance/Good_governance/conflicts.aspx#8a
>
> "In the case of a trustee also being employed in a separate post
> within the charity, or a trustee being paid for a service provided to
> the charity, the conflict of interest may result in a liability to
> repay salary or other related benefits. It should not be assumed that
> such conflict can be overcome merely by the person concerned resigning
> as a trustee, either before or after taking up the post. The only
> instance where authority may not be needed is where, practically, the
> trustees can show that there is no conflict of interest. In our view,
> this is confined to the fairly narrow circumstance where the trustee
> concerned:
>
> * has had no significant involvement with the trustees’ decision to
> create or retain the post, or with any material aspect of the
> recruitment process
> * where that person resigns as a trustee in order to apply for the
> employed post in advance of a fair and open competition for it
>
> All other circumstances require an express authority. "
>
> "Authority" in this context means either an express authority in the
> governing documents of the charity, a court order or permission from
> the Charity Commission.
>
> Under UK guidance, the approach you took would not be at all acceptable.
>
> This is a very serious matter. A charity paying a trustee (other than
> to reimburse actual expenses incurred) is probably the biggest
> conflict of interest you can get. It needs to be handled extremely
> carefully.
>
> Can you elaborate on how the decision to create the post was carried
> out (presumably it was part of your annual planning process)? Was
> Ilario involved in that?
>
> _______________________________________________
> Wikimedia-l mailing list
> [hidden email]
> Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l
>



--
Ilario Valdelli
Wikimedia CH
Verein zur Förderung Freien Wissens
Association pour l’avancement des connaissances libre
Associazione per il sostegno alla conoscenza libera
Switzerland - 8008 Zürich
Tel: +41764821371
http://www.wikimedia.ch
_______________________________________________
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Re: [Wikimedia-l] Wikimedia CH staff changes in 2013

Thomas Dalton
Read what I quoted more carefully, please. It specifically says that
leaving the board before taking up the position isn't enough.

On 10 April 2013 14:23, Ilario Valdelli <[hidden email]> wrote:

> Personal answer...
>
> You are giving examples and references not compatible with this case.
>
> For instance you give a link of paragraph entitled "payment of a trustee",
> but I have not received any payment and I am still a volunteer.
>
> You refer to this specific case: "In the case of a trustee *also being
> employed* in a separate post within the charity, or *a trustee being paid
> for a service provided* to the charity, the conflict of interest may result
> in a liability to repay salary or other related benefits", but *I am not
> employed yet and I received no payments for my service.
>
> *It has been unclear that Wikimedia CH will have the General Assembly the
> 27th April and in that date the board will change. I will start to work
> from 1st May.
>
> As per Swiss bylaws I have been a board member and I did it as volunteer.
>
> I suppose that you have misunderstood
>
> Please be careful of speaking about COI and please do it using the right
> examples.
>
> Regards
>
>
> On Wed, Apr 10, 2013 at 1:13 PM, Thomas Dalton <[hidden email]>wrote:
>
>> On 10 April 2013 08:10, Charles Andrès <[hidden email]>
>> wrote:
>> > Hello Thomas,
>> >
>> > Thanks for asking!
>> >
>> > In fact, it was as easy as said :-)  Ilario has just never been involved
>> in the recruitment process. In WMCH we believe that the conflict of
>> interest is not solved with the resignation, but giving the whole process
>> in the hands of a committee.
>>
>> Thank you for clarifying, but it really isn't that easy... Did you
>> seek professional advice from either a charity lawyer or a charity
>> governance expert?
>>
>> I don't know how these things work in Switzerland, but the relevant
>> guidance from the UK Charity Commission can be found here:
>>
>>
>> http://www.charitycommission.gov.uk/Charity_requirements_guidance/Charity_governance/Good_governance/conflicts.aspx#8a
>>
>> "In the case of a trustee also being employed in a separate post
>> within the charity, or a trustee being paid for a service provided to
>> the charity, the conflict of interest may result in a liability to
>> repay salary or other related benefits. It should not be assumed that
>> such conflict can be overcome merely by the person concerned resigning
>> as a trustee, either before or after taking up the post. The only
>> instance where authority may not be needed is where, practically, the
>> trustees can show that there is no conflict of interest. In our view,
>> this is confined to the fairly narrow circumstance where the trustee
>> concerned:
>>
>> * has had no significant involvement with the trustees’ decision to
>> create or retain the post, or with any material aspect of the
>> recruitment process
>> * where that person resigns as a trustee in order to apply for the
>> employed post in advance of a fair and open competition for it
>>
>> All other circumstances require an express authority. "
>>
>> "Authority" in this context means either an express authority in the
>> governing documents of the charity, a court order or permission from
>> the Charity Commission.
>>
>> Under UK guidance, the approach you took would not be at all acceptable.
>>
>> This is a very serious matter. A charity paying a trustee (other than
>> to reimburse actual expenses incurred) is probably the biggest
>> conflict of interest you can get. It needs to be handled extremely
>> carefully.
>>
>> Can you elaborate on how the decision to create the post was carried
>> out (presumably it was part of your annual planning process)? Was
>> Ilario involved in that?
>>
>> _______________________________________________
>> Wikimedia-l mailing list
>> [hidden email]
>> Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l
>>
>
>
>
> --
> Ilario Valdelli
> Wikimedia CH
> Verein zur Förderung Freien Wissens
> Association pour l’avancement des connaissances libre
> Associazione per il sostegno alla conoscenza libera
> Switzerland - 8008 Zürich
> Tel: +41764821371
> http://www.wikimedia.ch
> _______________________________________________
> Wikimedia-l mailing list
> [hidden email]
> Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l

_______________________________________________
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Re: [Wikimedia-l] Wikimedia CH staff changes in 2013

Charles Andrès-2
In reply to this post by Thomas Dalton
The need for community/project managers was identified by Chantal, our director, who prepared the proposal herself (in collaboration with me)

Then there was a time when anyone could propose projects for 2013 and/or comment on the proposed projects; at this point, it would make no difference if someone making a comment was a board member or an outsider. In any case, Ilario did not participate in any discussion about the new positions -- neither pushing for or against them. The board later approved the final budget proposal without any objection (and without discussing any particular detail about these position), so that Ilario could not have influenced the positions at this step either.

When the job description prepared by Chantal, Yann and Myself was ready to be published, Ilario told us that he may be interested in applying for the italian position. This allowed us to build the recruitment committee without including Ilario (as the main Italian-speaking member of the board, he would indeed have been part of this committee otherwise).

As mentioned before, Ilario was not involved at all with the hiring process. The board (minus Ilario) held a phone meeting in order to discuss the recommandations of the hiring committee, which it approved. In order to formally register the decision and Ilario's absention, a voting page was open on our board wiki, which saw an approval by 5 board members and one abstention because of a conflict of interest.

We haven't use donors money to have "professional advice from either a charity lawyer or a charity governance expert", because it wasn't necessary.

All in all, the only influence that Ilario had in the process was when he submitted his application.

According to the UK Charity Commission we are in the case where Ilario " has had no significant involvement with the trustees’ decision to create or retain the post, or with any material aspect of the recruitment process"

Charles

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Charles ANDRES, Chairman
"Wikimedia CH" – Association for the advancement of free knowledge –
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Le 10 avr. 2013 à 13:13, Thomas Dalton <[hidden email]> a écrit :

> On 10 April 2013 08:10, Charles Andrès <[hidden email]> wrote:
>> Hello Thomas,
>>
>> Thanks for asking!
>>
>> In fact, it was as easy as said :-)  Ilario has just never been involved in the recruitment process. In WMCH we believe that the conflict of interest is not solved with the resignation, but giving the whole process in the hands of a committee.
>
> Thank you for clarifying, but it really isn't that easy... Did you
> seek professional advice from either a charity lawyer or a charity
> governance expert?
>
> I don't know how these things work in Switzerland, but the relevant
> guidance from the UK Charity Commission can be found here:
>
> http://www.charitycommission.gov.uk/Charity_requirements_guidance/Charity_governance/Good_governance/conflicts.aspx#8a
>
> "In the case of a trustee also being employed in a separate post
> within the charity, or a trustee being paid for a service provided to
> the charity, the conflict of interest may result in a liability to
> repay salary or other related benefits. It should not be assumed that
> such conflict can be overcome merely by the person concerned resigning
> as a trustee, either before or after taking up the post. The only
> instance where authority may not be needed is where, practically, the
> trustees can show that there is no conflict of interest. In our view,
> this is confined to the fairly narrow circumstance where the trustee
> concerned:
>
> * has had no significant involvement with the trustees’ decision to
> create or retain the post, or with any material aspect of the
> recruitment process
> * where that person resigns as a trustee in order to apply for the
> employed post in advance of a fair and open competition for it
>
> All other circumstances require an express authority. "
>
> "Authority" in this context means either an express authority in the
> governing documents of the charity, a court order or permission from
> the Charity Commission.
>
> Under UK guidance, the approach you took would not be at all acceptable.
>
> This is a very serious matter. A charity paying a trustee (other than
> to reimburse actual expenses incurred) is probably the biggest
> conflict of interest you can get. It needs to be handled extremely
> carefully.
>
> Can you elaborate on how the decision to create the post was carried
> out (presumably it was part of your annual planning process)? Was
> Ilario involved in that?
>
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Re: [Wikimedia-l] Wikimedia CH staff changes in 2013

Federico Leva (Nemo)
In reply to this post by Thomas Dalton
This just to say that it's not so direct to transfer some suggestions to
other countries.

Thomas Dalton, 10/04/2013 13:13:
 > [...] "Authority" in this context means either an express authority
in the
 > governing documents of the charity, a court order or permission from
 > the Charity Commission. [...]

For instance, such "authority" doesn't exist in Italy, so it's easy to
see that this part wouldn't apply, unless of course the bylaws say
something in contrary.

Thomas Dalton, 10/04/2013 16:32:
> Read what I quoted more carefully, please. It specifically says that
> leaving the board before taking up the position isn't enough.

You've already been answered you that it's not the only thing they did,
and you interpret your own quoted text in a very personal way if you
forget that it says the purpose is a "fair and open competition" and you
focus solely on the conjunction "in advance of" instead of commenting
whether the actual purpose was pursued correctly.

Nemo

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Re: [Wikimedia-l] Wikimedia CH staff changes in 2013

Christophe Henner
Hi everyone,

Though UK Charity Commission recommendations can't apply everywhere,
from what I can see, they do provide interesting ideas.

I believe here the discussion is not "is there a COI" but "what was
done to prevent the perception of a COI". WMFr did hire former board
members, every time said board members were not part of the board
discussions and decisions about.

That being said, with the time, if that situation would happen now we
would do things differently I think. In order to lower the perception
of a potential COI (though I have no idea how we'd do it, having the
process overseen by an independant third body could be an idea :))

Best,

--
Christophe


On 10 April 2013 17:55, Federico Leva (Nemo) <[hidden email]> wrote:

> This just to say that it's not so direct to transfer some suggestions to
> other countries.
>
> Thomas Dalton, 10/04/2013 13:13:
>> [...] "Authority" in this context means either an express authority in the
>
>> governing documents of the charity, a court order or permission from
>> the Charity Commission. [...]
>
> For instance, such "authority" doesn't exist in Italy, so it's easy to see
> that this part wouldn't apply, unless of course the bylaws say something in
> contrary.
>
> Thomas Dalton, 10/04/2013 16:32:
>
>> Read what I quoted more carefully, please. It specifically says that
>> leaving the board before taking up the position isn't enough.
>
>
> You've already been answered you that it's not the only thing they did, and
> you interpret your own quoted text in a very personal way if you forget that
> it says the purpose is a "fair and open competition" and you focus solely on
> the conjunction "in advance of" instead of commenting whether the actual
> purpose was pursued correctly.
>
> Nemo
>
>
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Re: [Wikimedia-l] Wikimedia CH staff changes in 2013

Thomas Dalton
In reply to this post by Charles Andrès-2
On 10 April 2013 16:13, Charles Andrès <[hidden email]> wrote:
> We haven't use donors money to have "professional advice from either a charity lawyer or a charity governance expert", because it wasn't necessary.

When dealing with a situation that can give rise to a serious conflict
of interest (which hiring a trustee always will be) it is always a
good use of money to get professional advice.

> According to the UK Charity Commission we are in the case where Ilario " has had no significant involvement with the trustees’ decision to create or retain the post, or with any material aspect of the recruitment process"

It isn't written very clearly, but from context I am confident that
those bullet points are intended to be an "and" not an "or".
Nevertheless, voting on the plan which included creating these posts
is "significant involvement".

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Re: [Wikimedia-l] Wikimedia CH staff changes in 2013

Federico Leva (Nemo)
Thomas Dalton, 10/04/2013 18:05:
>> According to the UK Charity Commission we are in the case where Ilario " has had no significant involvement with the trustees’ decision to create or retain the post, or with any material aspect of the recruitment process"
>
> It isn't written very clearly, but from context I am confident that
> those bullet points are intended to be an "and" not an "or".
> Nevertheless, voting on the plan which included creating these posts
> is "significant involvement".

By this logic, we should exclude all members (a rule I voted for in some
other cases, but not necessarily appropriate here). There are several
possible issues and countermeasures here but yours doesn't seem the most
relevant to me.

Resigning before a decision in COI is rarely an effective measure.
Resigning with smart timing can easily be a more subtle and effective
way to gain an advantage over someone else.
Or how about a board member directly discussing and approving a
process/framework for hiring an ED and then applying for said ED position?

Nemo

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