[Wikimedia-l] simple and effective creation process for chapters

2014-05-03 Thread rupert THURNER
hi,

out of the experiences of creating 50 chapters, and the recent
frustrated feedback from persons involved in the creation of new
chapters, e.g. belgium and ghana, could we please find a simple and
effective way to organize the chapters creation process? existing
chapters not meeting the requirements have 3 years to adjust their
bylaws.

target and purpose of chapters:
chapters match a country as defined by the league of nations defined
in 1939 and reaffirmed by the united nations in 1945 [1], to follow
local jurisdiction. they are membership organizations.

requirements to be a chapter in the bylaws:
* support the mission of the wmf
* be a membership organization, i.e. the highest body is
  the assembly of members
* be a member must be possible for everybody who
  contributes (i.e. edits, writes software used by wmf projects)
  at zero cost (or low cost, e.g. price of one meal?)
* meet the tax exemption criteria. justification needed
  if not possible, reviewed regularly.
* an audit committee, consisting of members, who are also
  allowed to seek professional help

this means chapters can created within days, not years. the rules are
clear right from the beginning. measures are already in place if
something goes wrong.

problems addressed:
* creating a chapter is possible immediately one
  finds the legal minimum number of contributors in a
  country, most of the time 2 or 3.
* the bylaw requirements guarantee contributors can
  easily join any time and no lockout can happen.
  negative example: german football federation,
  allowing a red bull club (rb leipzig) with 7 members, exorbitant
  membership fee, existing rb leipzig board decides who can
  become member.
* proper names may be used immediately, current negative
  example: planning wikimedia ghana registers facebook, and
  other social accounts with a temporary name to gather
  people. the risk is that it is planning forever. later change
  of such accounts is nearly impossible without breaking history.
* bank accounts with limited liability are used immediately,
  allowing to properly pursue misuse in local jurisdiction. negative
  example: kenya, where money disappeared from a
  personal account.
* the bylaw requirements allow the inclusion or lockout of people
  not contributing at the chapters discretion. example: germany,
  switzerland allowing persons and even legal entities to become
  member.
* it allows to organize itself in some federal way within a country,
  at the discretion of a chapter.
* it guarantees to have the highest level of local jurisdiction control
  by meeting tax exemption criteria. examples: germany, uk.
  there critieria are in place which can be fulfilled, austria. criteria
  exist what cannot be matched, but discussions are ongoing to
  change the law.
* initial signing of policies and contracts with the wmf is not required.
  using trademarks without approval is easily controlled by established
  procedures (legal, fdc, etc). the movement is used to deal with
  people and organizations trying to do that every day, in many
  countries.
* contributing is easily and globally defined by commits, and edits,
  as currently used for elections [2]
* no block is there by enforcing auditing costs, as well preventing a
  chapters board to appoint a best friend auditing firm. negative
  examples: enron, which was audited by arthur anderson, and
  anyway exploded. positive examples: wmf, using volunteers and
  kpmg, most chapters.
* there is no different treatment of newborn chapters, chapters with
  experienced boards, and chapters who just changed the whole board.

[1] https://en.wikipedia.org/wiki/Country
[2] https://meta.wikimedia.org/wiki/Wikimedia_Foundation_elections_2013

kind regards,
rupert.

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Re: [Wikimedia-l] simple and effective creation process for chapters

2014-05-03 Thread Federico Leva (Nemo)

rupert THURNER, 03/05/2014 09:02:

requirements to be a chapter in the bylaws:
* support the mission of the wmf
* be a membership organization, i.e. the highest body is
   the assembly of members
* be a member must be possible for everybody who
   contributes (i.e. edits, writes software used by wmf projects)
   at zero cost (or low cost, e.g. price of one meal?)
* meet the tax exemption criteria. justification needed
   if not possible, reviewed regularly.
* an audit committee, consisting of members, who are also
   allowed to seek professional help


Considering that 4 of your 5 proposed requirements don't make sense to 
me, I question the ability of your proposal to reach the declared goal.


Nemo

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Re: [Wikimedia-l] simple and effective creation process for chapters

2014-05-03 Thread Leigh Thelmadatter
I would settle for an open process, rather than a secretive AffComm.

 Date: Sat, 3 May 2014 10:08:22 +0200
 From: nemow...@gmail.com
 To: wikimedia-l@lists.wikimedia.org
 Subject: Re: [Wikimedia-l] simple and effective creation process for chapters
 
 rupert THURNER, 03/05/2014 09:02:
  requirements to be a chapter in the bylaws:
  * support the mission of the wmf
  * be a membership organization, i.e. the highest body is
 the assembly of members
  * be a member must be possible for everybody who
 contributes (i.e. edits, writes software used by wmf projects)
 at zero cost (or low cost, e.g. price of one meal?)
  * meet the tax exemption criteria. justification needed
 if not possible, reviewed regularly.
  * an audit committee, consisting of members, who are also
 allowed to seek professional help
 
 Considering that 4 of your 5 proposed requirements don't make sense to 
 me, I question the ability of your proposal to reach the declared goal.
 
 Nemo
 
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Re: [Wikimedia-l] simple and effective creation process for chapters

2014-05-03 Thread Everton Zanella Alvarenga
2014-05-03 11:56 GMT-03:00 Leigh Thelmadatter osama...@hotmail.com:

 I would settle for an open process, rather than a secretive AffComm.


In Brazil, even trying to push an open process for years, even before
AffComm existed, that didn't work. The problem is deeper. I am aware some
simply gave up and jumped into other more
pragmatic/do-ocratichttp://www.communitywiki.org/cw/DoOcracygroups
to open up knowledge. :)

-- 
Estamos na final do Desafio de Impacto Social Google | Brasil! Quer saber
para onde vai o dinheiro dos nossos impostos? Ajude e vote
http://goo.gl/EzcfhP 

We are a finalist of the Google Impact Challenge | Brazil. Where does the
money from the Brazilian taxes go? Please, support us voting
http://goo.gl/EzcfhP 

Everton Zanella Alvarenga (also Tom)
Open Knowledge Brasil - Rede pelo Conhecimento Livre
http://br.okfn.org
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Re: [Wikimedia-l] simple and effective creation process for chapters

2014-05-03 Thread Bence Damokos
Thanks Rupert for thinking about this. The chapter creation process[0]
is indeed under-going review following the Board's November decision,
and all comments, input is welcome.

There are some reasons that make it a bit difficult to enact your
suggestions or to come to the results you suggest in the chapter
creation process. Just to take one practical limiting factor, setting
up an incorporated entity takes some time and money[1] even if
Wikimedia itself did not add any further burdens.

This was one of the reasons the non-incorporated user group concept
was envisioned largely following along the lines you draw. (Membership
organisations with wide trademark use rights, etc.)

Best regards,
Bence

[0] https://meta.wikimedia.org/wiki/Step-by-step_chapter_creation_guide
[1] http://www.doingbusiness.org/data/exploretopics/starting-a-business
- not sure if there is an equivalent easily accessible study for
membership organisations, but this is a good proxy

On Sat, May 3, 2014 at 9:02 AM, rupert THURNER rupert.thur...@gmail.com wrote:
 hi,

 out of the experiences of creating 50 chapters, and the recent
 frustrated feedback from persons involved in the creation of new
 chapters, e.g. belgium and ghana, could we please find a simple and
 effective way to organize the chapters creation process? existing
 chapters not meeting the requirements have 3 years to adjust their
 bylaws.

 target and purpose of chapters:
 chapters match a country as defined by the league of nations defined
 in 1939 and reaffirmed by the united nations in 1945 [1], to follow
 local jurisdiction. they are membership organizations.

 requirements to be a chapter in the bylaws:
 * support the mission of the wmf
 * be a membership organization, i.e. the highest body is
   the assembly of members
 * be a member must be possible for everybody who
   contributes (i.e. edits, writes software used by wmf projects)
   at zero cost (or low cost, e.g. price of one meal?)
 * meet the tax exemption criteria. justification needed
   if not possible, reviewed regularly.
 * an audit committee, consisting of members, who are also
   allowed to seek professional help

 this means chapters can created within days, not years. the rules are
 clear right from the beginning. measures are already in place if
 something goes wrong.

 problems addressed:
 * creating a chapter is possible immediately one
   finds the legal minimum number of contributors in a
   country, most of the time 2 or 3.
 * the bylaw requirements guarantee contributors can
   easily join any time and no lockout can happen.
   negative example: german football federation,
   allowing a red bull club (rb leipzig) with 7 members, exorbitant
   membership fee, existing rb leipzig board decides who can
   become member.
 * proper names may be used immediately, current negative
   example: planning wikimedia ghana registers facebook, and
   other social accounts with a temporary name to gather
   people. the risk is that it is planning forever. later change
   of such accounts is nearly impossible without breaking history.
 * bank accounts with limited liability are used immediately,
   allowing to properly pursue misuse in local jurisdiction. negative
   example: kenya, where money disappeared from a
   personal account.
 * the bylaw requirements allow the inclusion or lockout of people
   not contributing at the chapters discretion. example: germany,
   switzerland allowing persons and even legal entities to become
   member.
 * it allows to organize itself in some federal way within a country,
   at the discretion of a chapter.
 * it guarantees to have the highest level of local jurisdiction control
   by meeting tax exemption criteria. examples: germany, uk.
   there critieria are in place which can be fulfilled, austria. criteria
   exist what cannot be matched, but discussions are ongoing to
   change the law.
 * initial signing of policies and contracts with the wmf is not required.
   using trademarks without approval is easily controlled by established
   procedures (legal, fdc, etc). the movement is used to deal with
   people and organizations trying to do that every day, in many
   countries.
 * contributing is easily and globally defined by commits, and edits,
   as currently used for elections [2]
 * no block is there by enforcing auditing costs, as well preventing a
   chapters board to appoint a best friend auditing firm. negative
   examples: enron, which was audited by arthur anderson, and
   anyway exploded. positive examples: wmf, using volunteers and
   kpmg, most chapters.
 * there is no different treatment of newborn chapters, chapters with
   experienced boards, and chapters who just changed the whole board.

 [1] https://en.wikipedia.org/wiki/Country
 [2] https://meta.wikimedia.org/wiki/Wikimedia_Foundation_elections_2013

 kind regards,
 rupert.

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Re: [Wikimedia-l] simple and effective creation process for chapters

2014-05-03 Thread Richard Farmbrough
I am involved with a charity that sets up regional charities.  We have a 
nominally clean procedure which can set up a charity in a few days.  
However a constantly changing legislative and regulatory environment can 
send the whole system back to square one.


When we are dealing with a new legislative and regulatory environment 
for each chapter, the plan for a cookie-cutter approach is likely to 
founder at the first hurdle.   Moreover cultural and demographic 
differences are even more diversifying.


Regulatory constraints limit the sense in which a chapter, if it is to 
benefit from charitable, non-profit or tax exempt status, can be a 
membership organisation.


On the other hand a simple association may meet most of the needs of a 
chapter, and they should not be weighed down with excess regulatory 
burden if that is all they need.


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Re: [Wikimedia-l] simple and effective creation process for chapters

2014-05-03 Thread Leigh Thelmadatter
If this process is indeed really being revamped, may I ask why we give 
established chapters such dominance, even to the exclusion of the creation of 
less formal groups (user groups). As it stands, a chapter can (and in the case 
of Mexico, does) marginalize people and at least one educational institution 
which has issues with the way the chapter is run. This long-running saga has 
even resulted in COI problems with AffComm. These issues have not been 
addressed adequately (or at all) despite three years of what one board member 
called  some friction.


 From: bdamo...@gmail.com
 Date: Sat, 3 May 2014 19:49:20 +0200
 To: wikimedia-l@lists.wikimedia.org
 Subject: Re: [Wikimedia-l] simple and effective creation process for chapters
 
 Thanks Rupert for thinking about this. The chapter creation process[0]
 is indeed under-going review following the Board's November decision,
 and all comments, input is welcome.
 
 There are some reasons that make it a bit difficult to enact your
 suggestions or to come to the results you suggest in the chapter
 creation process. Just to take one practical limiting factor, setting
 up an incorporated entity takes some time and money[1] even if
 Wikimedia itself did not add any further burdens.
 
 This was one of the reasons the non-incorporated user group concept
 was envisioned largely following along the lines you draw. (Membership
 organisations with wide trademark use rights, etc.)
 
 Best regards,
 Bence
 
 [0] https://meta.wikimedia.org/wiki/Step-by-step_chapter_creation_guide
 [1] http://www.doingbusiness.org/data/exploretopics/starting-a-business
 - not sure if there is an equivalent easily accessible study for
 membership organisations, but this is a good proxy
 
 On Sat, May 3, 2014 at 9:02 AM, rupert THURNER rupert.thur...@gmail.com 
 wrote:
  hi,
 
  out of the experiences of creating 50 chapters, and the recent
  frustrated feedback from persons involved in the creation of new
  chapters, e.g. belgium and ghana, could we please find a simple and
  effective way to organize the chapters creation process? existing
  chapters not meeting the requirements have 3 years to adjust their
  bylaws.
 
  target and purpose of chapters:
  chapters match a country as defined by the league of nations defined
  in 1939 and reaffirmed by the united nations in 1945 [1], to follow
  local jurisdiction. they are membership organizations.
 
  requirements to be a chapter in the bylaws:
  * support the mission of the wmf
  * be a membership organization, i.e. the highest body is
the assembly of members
  * be a member must be possible for everybody who
contributes (i.e. edits, writes software used by wmf projects)
at zero cost (or low cost, e.g. price of one meal?)
  * meet the tax exemption criteria. justification needed
if not possible, reviewed regularly.
  * an audit committee, consisting of members, who are also
allowed to seek professional help
 
  this means chapters can created within days, not years. the rules are
  clear right from the beginning. measures are already in place if
  something goes wrong.
 
  problems addressed:
  * creating a chapter is possible immediately one
finds the legal minimum number of contributors in a
country, most of the time 2 or 3.
  * the bylaw requirements guarantee contributors can
easily join any time and no lockout can happen.
negative example: german football federation,
allowing a red bull club (rb leipzig) with 7 members, exorbitant
membership fee, existing rb leipzig board decides who can
become member.
  * proper names may be used immediately, current negative
example: planning wikimedia ghana registers facebook, and
other social accounts with a temporary name to gather
people. the risk is that it is planning forever. later change
of such accounts is nearly impossible without breaking history.
  * bank accounts with limited liability are used immediately,
allowing to properly pursue misuse in local jurisdiction. negative
example: kenya, where money disappeared from a
personal account.
  * the bylaw requirements allow the inclusion or lockout of people
not contributing at the chapters discretion. example: germany,
switzerland allowing persons and even legal entities to become
member.
  * it allows to organize itself in some federal way within a country,
at the discretion of a chapter.
  * it guarantees to have the highest level of local jurisdiction control
by meeting tax exemption criteria. examples: germany, uk.
there critieria are in place which can be fulfilled, austria. criteria
exist what cannot be matched, but discussions are ongoing to
change the law.
  * initial signing of policies and contracts with the wmf is not required.
using trademarks without approval is easily controlled by established
procedures (legal, fdc, etc). the movement is used to deal with
people and organizations trying to do that every