Guidelines on potential conflicts of interest

Introduction

We are asking for community opinion on these five movement-wide guidelines that would help identify potential conflicts of interest when asking for resources belonging to the Wikimedia movement. The proposed draft of these guidelines is set out below for community review. We welcome your comments at the meta discussion page. After community consultation, we expect to finalize the guidelines and propose them to the WMF Board of Trustees for adoption by resolution.

Generally, mismanaged personal interests resulting in potential conflicts of interest can hurt our movement, both in reputation and financially. The proposed guidelines seek to encourage full disclosure of personal and financial interests with respect to people’s requests for movement resources. The guidelines help ensure that those movement resources -- like grants, staff time, scholarships, trademark licenses, travel reimbursements, fellowships, employment, and conference resources -- are used in pursuit of our mission. The guidelines apply to requests for resources from any movement entities, groups, associations, or persons, such as the Wikimedia Foundation, chapters, thematic organizations, movement partners, user groups, Wiki Loves Monuments, GLAM organizations, and Wikipedians in Residence. The guidelines are not comprehensive or exhaustive. They are intended to support existing movement values and conflict of interest policies, which may require recusal or other ways of managing the conflict.

Importantly, the guidelines are not intended to address directly more specific controversial topics, like paid editing. We understand that the community is engaged in that discussion in other venues. That said, these guidelines may serve as a foundation upon which to build more specific policies in the future. For now, however, we simply want to suggest some simple, hopefully uncontroversial guidelines to help people know when they should be disclosing their personal or financial interests in their requests for and use of movement resources.

We would like to hear what you think. Feel free to leave your comments or propose edits on the meta discussion page. We are not seeking consensus or an RfC. This is to help us hear where we need to improve the document. To help ensure global understanding and easier translations, we are proposing that the guidelines be short and confined to one page. The WMF legal department greatly appreciates the opportunity to hear your thoughts and benefit from your wisdom there. We of course will read and respond to your comments and take them into consideration in drafting a final version for proposal to the Board.

We anticipate closing the comment period on January 15, 2013. This may allow for a proposal to the Board during its February 1-2, 2013, meeting. Otherwise, we may extend the comment period and ask the Board to approve the guidelines at another time. We encourage international participation, and, if more time is needed to allow for translations or comments, we want to take that into consideration.

Many thanks, as always, for your comments and active participation.

Geoff Brigham
General Counsel
Wikimedia Foundation

Proposed Board resolution on the guidelines

RESOLVED, that the Board of Trustees of the Wikimedia Foundation hereby approves and adopts the Wikimedia Guidelines on Potential Conflicts of Interest in Requesting Movement Resources as set out below. These guidelines are meant to complement the Resolution on Organizational Best Practices, passed by this Board on March 31, 2012. Both Wikimedia organizations and community members are encouraged to adhere to these guidelines in their requests for and use of resources belonging to the Wikimedia movement.

This resolution will be effective as of XXXX.

[SEE BELOW FOR THE GUIDELINES]

Five Wikimedia guidelines on potential conflicts of interest in requesting movement resources

Mismanaged personal interests resulting in potential conflicts of interest can hurt our movement, both in reputation and financially. The five guidelines below seek to promote honesty and transparency in requests by anybody for movement resources. These resources belong to the movement and must always be used to support its mission. Such resources include, for example, grants, staff time, scholarships, trademark licenses, fellowships, employment opportunities, travel reimbursements, and conference resources. The guidelines apply to requests for these resources from movement entities, groups, associations or persons, such as the Wikimedia Foundation, chapters, thematic organizations, movement partners, user groups, Wiki Loves Monuments, GLAM organizations, and Wikipedians in Residence. The guidelines are not comprehensive or exhaustive. They are intended to support existing conflict of interest policies, which may require recusal or other ways of managing the conflict.

Guideline one

If you are being paid by or receiving anything of value from another person or organization, you should disclose proactively that relationship and interest when you make a request for movement resources that may benefit that other person or organization.

Guideline two

If you are requesting movement resources that may benefit your family member, spouse, partner, business associate, significant other, close friend, or their organizations or employers, you should disclose proactively that interest when you make the request.

Guideline three

You should answer fully and honestly any relevant and appropriate questions when requesting and using movement resources.

Guideline four

If your request or use of movement resources could be perceived by others or the public as improper, you should disclose proactively why in your request for those resources. Even the perception of a conflict or unauthorized personal gain needs to be disclosed.

Guideline five

You should not request or use movement resources for unauthorized personal gain.

Practical examples

• Example one: Wikimedian asks to post a blog on the Wikimedia Foundation’s site, which will involve work by the Foundation’s communications team. The blog will feature a specific artist. The Wikimedian is also employed by that artist’s estate. The Wikimedian should disclose proactively this paid relationship right away in her first contact with the communications team. The team can assess independently whether the blog reflects an appropriate use of Foundation resources and whether it should disclose the Wikimedian’s interest.
• Example two: A community member applies for funding from a local chapter to work on a photography project for Wikimedia Commons. His funded work on the project would result in his travelling to a city where he plans to visit his significant other. The community member should disclose this relationship and potential benefit when he makes the request. The chapter’s conflict of interest policy may require an independent review of the need for the trip.
• Example three: In a grant request from the FDC, a chapter trustee has a potential financial conflict of interest. Though her conflict of interest is stated on the local chapter’s blog and she believes the FDC may be aware of it, she should proactively disclose the potential conflict to ensure the FDC is aware.
• Example four: One of the chapters makes a grant to a consulting firm for an open source project. The firm is also doing work, for a fee, for a for-profit company owned by two of the chapter’s trustees. That business relationship should be disclosed during the grant request process and resolved under the chapter’s conflict of interest policy.
• Example five: A member of the FDC committee receives a gift of valuable World Cup tickets from a trustee of a chapter that is applying for the next round of funding. The FDC committee member should disclose the gift. The FDC should manage the conflict according to its conflict of interest policy and best practices.