Wikimedia movement affiliates/Protocol for noncompliant Wikimedia movement affiliates/Derecognition Process Mapping

From Meta, a Wikimedia project coordination wiki

As the posted protocol does not give specific enough detail to the process, this is a breakdown of steps and communications for de-recognition of affiliates.

Stage Goal for Compliance Step Task(s)
Status Quo

(Proactive monitoring and notification of basic non compliance)

Keeping up-to-date on affiliate work and keeping up-to-date with required reporting in order to allow monitoring of activities and spending Proactive monitoring of compliance Monitor compliance with reporting requirements, review annual activities and financial reporting, and regularly check-in on grants compliance
(If out of compliance with reporting) Notify affiliate (If out of compliance with annual or grants reporting) Notify affiliate first by mark-up on meta Reports page and affiliate's meta talk page, for non-responsiveness to talk page notice, send via email.
Basic Intervention/Remediation 

(Remediation Planning)

Communicate clearly the issues of non-compliance and/or governance needing addressed allowing noncompliant affiliates some autonomy in planning for how to return to compliance. Communicating support needs to the relevant WMF teams and AffCom, exploring the severity of the governance issues as WMF monitors attempts to improve practices and return to compliance (If Applicable - For grants noncompliance) Notify affiliate they are no longer eligible for grant funding Affiliate, as an organization will not be eligible for future grants from the Wikimedia Foundation.
(If funds owed) In order to apply for reallocation of any portion of remaining funds owed to be considered you are required to first resolve all grants reporting issues. The affiliate will be required to provide a detailed budget with specific expenses, responsible parties, and specific dates for any potentially funded activities related to wind down or returning to compliance. Based on that, any remaining grant funds that may be reallocated will be communicated to the affiliate and all other remaining funds must be returned to the WMF within 5 business days following such notification as evidence by proof of transfer within 5 business days of notice.
We would welcome requests for support from other individuals or groups in [COUNTRY NAME].
(If prolonged inactivity or noncompliance) Set call with affiliate board or key contacts to initiate basic intervention/mediation process Review the observed compliance issues line by line and request proposal for remediation to be submitted within 30 days to include a potential plan for winding down if the affiliate is a legal entity.
Follow-up call or email messaging following plan submission Review Remediation Plan for compliance issues line by line & provide feedback.
Monitoring Period Depending on plan and target dates, check-in on how affiliate is progressing. Message to alert to missed deadlines or remaining needs
Back to Status Quo Support the existing volunteers to continue organizing Wikimedia activities with adequate community support and competence without concerns of financial mismanagement or poor governance If successfully meeting approved targets for remediation Set check-in call to update plans
Advanced Intervention/Remediation 

(Suspension)

Communicate clearly the current and pending consequences of noncompliance and affilaite-specific timeline and required tasks for returning to compliance If failing to set or meet reasonable targets for remediation Notify internal affiliates stakeholders (ED, CFO, CE Chief, Legal Liaison, CR Driector) about pending decision to recommend suspension and check there are no concerns or objections
(Unless it is an urgent need) Notify WMF Board via quarterly Affiliate Status Report (or addendum to most recent report if necessary)
Notify full AffCom of draft communications and allow at least 72 hours for sharing concerns or objections
Proceed with the following communications for official suspension of affiliate
Communication Plan: Suspension Notice Send suspension notice outlining all past due reporting, governance, and/or capacity issues to be addressed. Sent via email to affiliate board or primary contacts in the case of most user groups.
General Summary of Issues List the failings of audit results and/or performance toward proposed remediation targets
Requirements for Compliance List required reporting, funds due, or other steps required for their local legal requirements
State the timeline This suspension is to notify you that, should you fail to address these issues by [DATE] we will move forward with official de-recognition as outlined in our protocol. (Date is aligned to agreement and notification requirements)
Monitoring Period Depending on plan and target dates, check-in on how affiliate is progressing. Message to alert to missed deadlines or remaining needs
Probation Support the existing volunteers to continue organizing Wikimedia activities with adequate community support and competence without concerns of financial mismanagement or poor governance If successfully returns to compliance Set check-in call to update on status and plans. Set mid-term reporting expectations and monitor more closely in their first year back in compliance. (May require additional transparency of financial reporting or otherwise depending on the originating causes of noncompliance).
Final Intervention

(De-Recognition)

Winding down of any legal entity and possible reorganization of community as a new user group. If failing to return to compliance by deadlines set out in Suspension Notice Communicate with internal affiliates stakeholders (ED, CFO, CE Chief, Legal Liaison, CR Director) about pending decision to recommend de-recognition and check there are no concerns or objections
(Unless it is a more urgent need) Notify WMF Board via quarterly Affiliate Status Report (or addendum to most recent report if necessary)
Notify full AffCom of draft communications and allow at least 72 hours for sharing concerns or objections
Proceed with the following communications for derecognition of the affiliate
Communication Plan: Revocation Notice Send notice based on progress on the remediation plan outlined and hose requirements which were not met. Send via email to affiliate board or primary contacts in the case of most user groups. (except where mailing via post is required)
General Summary of Issues Outline progress against deadlines outlined in their suspension letter and serve notice that their affiliate will not be renewed and no longer cease to have affiliate status as of their renewal date.
Offer support in coming back into compliance and reapplying as a user group While we realize this may not be the future you envisioned, we offer the support of the Affiliations Committee and staff Liaisons to help you to continue to return to compliance so that you can wind down the current legal entity and reapply as a new user group. If your group wishes to seek guidance on how to communicate this decision and next steps with your community members, please do not hesitate to reach out.
Support affiliate in communicating to community members As needed. Communications planning and/or direct communications.
State the transition timeline & how to proceed Aligned to current affiliate agreements and any relevant steps for closing down legal entity (Unique to each)