The statement by the Board that "The Board is committed to making our
communities safer" is very welcome.  Perhaps the Board will turn its
attention to the process for developing the *Code of conduct for Wikimedia
technical spaces* which has been under discussion in draft form at [
https://www.mediawiki.org/wiki/Code_of_Conduct/Draft] since *July 2015* and
is still not agreed.  The Board was asked to involve itself in this
discussion in August 2015 [
https://meta.wikimedia.org/w/index.php?title=Wikimedia_Foundation_Board_noticeboard&diff=prev&oldid=13317211]
but the only response was from one member whose view then was "It makes me
feel sad to see that Board involvement is asked for. This is exactly the
place where I thing the affected community should deliberate, find a
consensus, agree on wording and implement such a policy. A code of conduct
only works if it is backed up by those who have to follow it. A
top-down-manner is not the best idea to create this ownership feeling." [
https://www.mediawiki.org/w/index.php?title=Talk:Code_of_Conduct/Draft&diff=1870478&oldid=1870425].
I am glad to see that the Board's position is now very different.

It is worth the Board's while considering why this initiative has stalled.
In my view, apart from the Board's regrettable lack of interest in it at
the time, this process has been over-managed and overwhelmed by a small
group of developers almost all of whom are members of the WMF staff and who
have chosen to run this process as as if it were a WMF project rather than
a community initiative, and who chose to take various parts of the
discussion to other venues without notification or the possibility of
effective community-wide involvement.

One significant obstacle to an effective and timely completion of this
process has been the ineffective handling of a contract with two
consultants to advise on the form that the process should take (see the
extended discussions at [
https://www.mediawiki.org/wiki/Talk:Code_of_Conduct/Draft/Archive_2] at "Done,
down or defunct?" and [
https://www.mediawiki.org/wiki/Talk:Code_of_Conduct/Draft] at "Advice
provided by consultants Valerie Aurora and Ashe Dryden").  It appears that
the consultants were paid out of WMF (ie donors') funds but did not engage
widely with the community, and their report, if any, has never been made
public.  (Indeed, I have no reason to believe that a formal report was ever
presented -- certainly none has ever been published.)   As a completely
independent question, the Board may wish to assure thmselves that this
consultancy was properly tendered and procured; that it was effectively
managed; and that the contracted-for outputs were satisfactorily
delivered.  This less-than-effective process delayed rather than
accelerated the completion of the Code.

A second and major obstacle, which in my view has delayed the drafting
process for over a year, is an intransigent attitude on the part of WMF
Legal towards a requirement that persons operating this Code to handle
situations involving members of the WMF staff should be under an absolute
obligation to notify the WMF of the details of any complait irrespective of
the wishes of the other parties for privacy, the legal requirements for
confidentiality applicable in the relevant jurisdictions and the personal
or professional ethical positions of the people handling these potentially
very sensitive incidents.  Astonishingly, a Legal Counsel for the WMF has
recently issued a determination [
https://www.mediawiki.org/w/index.php?title=Talk:Code_of_Conduct/Draft&diff=2318454&oldid=2312411]
which appears to forbid the community at large to discuss the issue
further.  This intransigence is quite incomprehensible and is certainly
quite destructive of the community engagement that is required to deliver
this Code initially or to make it a workable document.  It seems very
likely that the obllgation being imposed is unworkable in itself, that the
community will not endorse any Code that formally creates two classes of
participant with two distinct levels of protection and treatment, and that
formally instituting a two-tier community is a matter that the Board might
wish to consider as a specific, important and urgent question of policy.

It is a matter of considerable surprise that with this Code not yet in
place, with no clear timeline for delivery ever proposed, the Board have
been informed [https://wikimediafoundation.org/w/index.php?curid=24446]
that this Code is due to be completed in a specific timeframe and that
there will be a budget of around $25K per annum required to train the
Committee who will oversee it.  Is the Board quite confident that the Code
will be completed at that (or indeed any) time, and more importantly, that
when put to the community, it will command their acceptance?

Since the Board quite rightly regard this area as a matter of importance,
perhaps they will review the status of this project, take the steps
necessary to bring to to an effective conclusion acceptable to the
Community as a whole, ensure that approriate lessons are learnt from the
unsatisfactory history -- and engage the Commuity fully in their
deliberations and in the communication of their conclusions.

"Rogol"
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