Policy talk:Conflict of interest policy

From Wikimedia Foundation Governance Wiki

Significant Relationship: missing entities

There are other significant relationships, notably:

  • legal tutors (replace partially or totally the responsability of a Concerned person, e.g. because of illness or incapacity, and taking some decisions for them, including any due payments; full tutorship generally takes years before termination, limited tutorship may take just the time for recovery but that person may be still able to make some decisions, with restricted resources and sometimes only with assistance of their legal tutor or administrator),
  • designated legal administrators (e.g. after a condamnation that restricts or prohibits some actions or communications, even if this has nothing to do with affairs with the Foundation),
  • an authorized proxy for the Concerned person themselves (e.g. their lawyer),
  • legators (e.f. after the death of a significant relative that was a Concerned person),
  • legal auditors or experts (that may be designated by a court order, generally professionals with their own commercial interests, and which may be the only reliable and responsible party durint their mandate, to disclose or assert the informations required under the policy, instead of the Concerned person;
  • a concerned person may also be restricted or forbidden to do some actions themselves, especially if that Concerned person is held in custody, or in any position making them unable to complete their obligations. E.g. as an hostage, or with strict travel restrictions from remote areas like during the Covid-19 lockdowns or after major natural or industrial disasters, wars or civil conflicts, and left there with limited communications, reduced local resources and absence of a sufficient legal assistance (so that they could designate a proxy or could be forced to accept one without real choice, e.g. coming from their own home government or a designated embassy/consulate in the remote country or region where they are forced to remain for some undetermined time: their first priority and interest is effectively to find a way to get back home and in security). In such situation, that person may even be unable to disclose themselves information about their current state and condition.

For all such situation, the Foundation should inspect what is available, proofs (like certified copies of court orders), check the identity and roles of proxies and their own conflicts of interests, and if it is needed to revoke the role of the Concerned person temporarily or indefinitely by finding or nominating a replacement, even in case of total absence of fault of that person regarding this policy. Later, if possible, that person may be granted back to their role (or another one), after inspecting their new situation and if they still desire to apply for it. Verdy p (talk) 16:45, 17 June 2023 (UTC)[reply]

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