CON:UFOP Constitution: Difference between revisions

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# For purposes of determining simulation location, all locations, irrespective of whether they are starships, smaller spacecraft, planetary installations or starbases shall be referred to herein as "ships."
# For purposes of determining simulation location, all locations, irrespective of whether they are starships, smaller spacecraft, planetary installations or starbases shall be referred to herein as "ships."
# All officers placed in command of a ship are considered "captains" for purposes of command tradition and shall have the powers of captains as defined herein unless specific prohibitions or limitations are herein discussed limiting the powers of acting captains who have not formally achieved the rank. Notwithstanding this article and subsection, the acting captain must obtain the formal rank of captain through the normal course in order to have the full privileges of that rank.
# All officers placed in command of a ship are considered "captains" for purposes of command tradition and shall have the powers of captains as defined herein unless specific prohibitions or limitations are herein discussed limiting the powers of acting captains who have not formally achieved the rank. Notwithstanding this article and subsection, the acting captain must obtain the formal rank of captain through the normal course in order to have the full privileges of that rank.
# Traditional Powers: Unless otherwise treated in this CONSTITUTION, and unless other specific powers of a captain are dealt with, any matters not herein discussed which arise on a ship are left to the sound discretion of the captain or acting captain or command officer. Exercise of such discretion, however, as well as all specifically granted powers, are subject to the disciplinary provisions hereafter related.
# Captain's Traditional Powers: Unless otherwise treated in this CONSTITUTION, and unless other specific powers of a captain are dealt with, any matters not herein discussed which arise on a ship are left to the sound discretion of the captain or acting captain or command officer. Exercise of such discretion, however, as well as all specifically granted powers, are subject to the disciplinary provisions hereafter related.


===ARTICLE IV: AMENDMENTS===
===ARTICLE IV: AMENDMENTS===
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# This CONSTITUTION shall be amended only in the following manner and in no other.
# This CONSTITUTION shall be amended only in the following manner and in no other.
# A call for an amendment shall be deemed raised when made to any officer of captain rank or above who shall learn of such a request, in whatever manner. Said officer shall in turn inform the EC (Executive Council) in writing of the nature of the request. Such notice shall be deemed to have taken place if passed to an acting EC member if not to the entire committee.
# A call for an amendment shall be deemed raised when made to any officer of captain rank or above who shall learn of such a request, in whatever manner. Said officer shall in turn inform the EC (Executive Council) in writing of the nature of the request. Such notice shall be deemed to have taken place if passed to an acting EC member if not to the entire committee.
# When such a request has been made to the EC, it shall, within 72 hours and barring extraordinary emergency affecting a majority of its members, propose the matter for formal discussion amongst membership for a period not to exceed 21 calendar days. The EC shall then vote on the matter.
# When such a request has been made to the EC, it shall, within 72 hours and barring extraordinary emergency affecting a majority of its members, propose the matter for formal discussion amongst it's membership for a period not to exceed 21 calendar days. The EC shall then vote on the matter.
# Before such vote takes place, the EC shall by any procedure it deems appropriate assure itself that, irrespective of comments received, at least three fifths of its membership have either commented or had the opportunity to comment by having received and acknowledged notice of the discussion. If fewer than three fifths of the EC have not thus debated or given written notice of their declination to do so, the 21 day time period shall not begin until three fifths can so assemble via electronic mail and remain so for the requisite time period.
# Before such vote takes place, the EC shall by any procedure it deems appropriate assure itself that, irrespective of comments received, at least three fifths of its membership have either commented or had the opportunity to comment by having received and acknowledged notice of the discussion. If fewer than three fifths of the EC have not thus debated or given written notice of their declination to do so, the 21 day time period shall not begin until three fifths can so assemble via electronic mail and remain so for the requisite time period.
# At the close of the above period, a vote shall take place. The amendment shall advance if four fifths of its membership shall favorably vote. The form of the proposed amendment shall be as closely related to the raised request as practicable and as enlarged or modified by discussion in the EC.
# At the close of the above period, a vote shall take place. The amendment shall advance if four fifths of its membership shall favorably vote. The form of the proposed amendment shall be as closely related to the raised request as practicable and as enlarged or modified by discussion in the EC.
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# All UFOP members shall have a rank at all times, though they may serve in capacities other than officers on vessels or installations, or may perform administrative tasks of various types. Such officers shall be, regardless of rank or station, members in good standing. If for whatever reason a member desires an identity regarded as "civilian" that person shall still carry an unused but official rank as they continue to participate. (i.e.- a civilian engineer character may be a Lt. or a Commander for purposes of determining their rights, disciplinary issues, etc.)
# All UFOP members shall have a rank at all times, though they may serve in capacities other than officers on vessels or installations, or may perform administrative tasks of various types. Such officers shall be, regardless of rank or station, members in good standing. If for whatever reason a member desires an identity regarded as "civilian" that person shall still carry an unused but official rank as they continue to participate. (i.e.- a civilian engineer character may be a Lt. or a Commander for purposes of determining their rights, disciplinary issues, etc.)
# Such a member may petition the EC for status as an inactive member in good standing or as a non-stationed member in good standing, in which case said member shall be entitled to all the rights, benefits and privileges of membership until their status changes.
# Such a member may petition the EC for status as an inactive member in good standing or as a non-stationed member in good standing, in which case said member shall be entitled to all the rights, benefits and privileges of membership until their status changes.
# An inactive member in good standing is one for whom various conditions are present which prevent active participation in the UFOP at certain times. Such an inactive period may extend for up to one standard year from the date it begins; before such a time period lapses, the member shall inform his commanding officer (and through said officer the EC) of whether he wishes for the period to continue, alter or end. If no such contact is so initiated by the expiration of one standard year from the official start date of the inactive period, the member shall be deemed to have resigned from the UFOP and re-admission shall proceed in accord with article V, section 12. If the contact is made, the wishes shall be honored without impairment absent good cause for otherwise, at the discretion of the commanding officer and with due regard to this CONSTITUTION. However, the only thing preserved by inactive status in good standing is rank and placement on a vessel, not a particular position on any said vessel.
# An inactive member in good standing is one for whom various conditions are present which prevent active participation in the UFOP at certain times. Such an inactive period may extend for up to one standard year from the date it begins; before such a time period lapses, the member shall inform his commanding officer (and through said officer the EC) of whether he wishes for the period to continue, alter or end. If no such contact is so initiated by the expiration of one standard year from the official start date of the inactive period, the member shall be deemed to have resigned from the UFOP and re-admission shall proceed in accord with article V, section 12. If the contact is made, the member's wishes shall be honored without impairment absent good cause for otherwise, at the discretion of the commanding officer and with due regard to this CONSTITUTION. However, the only thing preserved by inactive status in good standing is rank and placement on a vessel, not a particular position on any said vessel.
# A non-stationed member in good standing is one for whom various conditions are present which prevent full participation in the UFOP as either a member of a vessel or installation or as an active administrative member (ie, a nonassigned Lt who assists the Admiral in charge of training but does not also serve on a crew). Such status may begin, alter and end as described in section 5, above.
# A non-stationed member in good standing is one for whom various conditions are present which prevent full participation in the UFOP as either a member of a vessel or installation or as an active administrative member (ie, a nonassigned Lt who assists the Admiral in charge of training but does not also serve on a crew). Such status may begin, alter and end as described in section 5, above.
# Nothing in this article shall be deemed to preempt those portions of this CONSTITUTION which shall apply to dealing with the real people attached to character and officer ranks.
# Nothing in this article shall be deemed to preempt those portions of this CONSTITUTION which shall apply to dealing with the real people attached to character and officer ranks.
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===ARTICLE VI: THE EXECUTIVE COUNCIL===
===ARTICLE VI: THE EXECUTIVE COUNCIL===


# The governing body of the UFOP is composed of the Executive Council and the Council, which shall determine and administrate such matters as from time to time may be required to operate the UFOP and effectuate the purposes of this CONSTITUTION in the manner hereafter related.
# The governing body of the UFOP is composed of the Executive Council and the Captain's Council, which shall determine and administrate such matters as from time to time may be required to operate the UFOP and effectuate the purposes of this CONSTITUTION in the manner hereafter related.
# The EC shall be composed at all times of five members. If at some future time the UFOP has grown to the point where fairness and demographic considerations suggest additional members, the number shall be increased by amendment of this CONSTITUTION in accord with article IV.
# The EC shall be composed at all times of five members. If at some future time the UFOP has grown to the point where fairness and demographic considerations suggest additional members, the number shall be increased by amendment of this CONSTITUTION in accord with article IV.
# The Membership of the EC shall be composed only of flag officers, to wit, admirals (any), fleet captains or commodores, or by captains with at least one full year of service at that official rank.
# The Membership of the EC shall be composed only of flag officers, to wit, admirals (any), fleet captains or commodores, or by captains with at least one full year of service at that official rank.
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# The function of the magistrate for each year shall be to administrate votes and assure that first, sufficient numbers of the council in question have participated; and, secondly, that the votes were validly counted.
# The function of the magistrate for each year shall be to administrate votes and assure that first, sufficient numbers of the council in question have participated; and, secondly, that the votes were validly counted.
# The magistrate shall in the exercise of their discretion set a specific time period during which all votes are to be transmitted via e-mail on any issue and the time by when if not received, no further votes will be counted. Once the tally is completed, the magistrate shall inform the council in question of the final decision and shall make a notation in a permanent log the entirety of which shall be turned over to the executive council at the end of each year for permanent storage.
# The magistrate shall in the exercise of their discretion set a specific time period during which all votes are to be transmitted via e-mail on any issue and the time by when if not received, no further votes will be counted. Once the tally is completed, the magistrate shall inform the council in question of the final decision and shall make a notation in a permanent log the entirety of which shall be turned over to the executive council at the end of each year for permanent storage.
# During the period of the time set by the magistrate for the purpose of the vote, which in the exercise of discretion should be no more than twenty days, nor less than ten, any and all members of the involved council may comment as often as they deem necessary and proper and may exchange ideas and debate the matter as fully as they may deem proper. Any votes may be officially transmitted by any voting member during that time period for recordation and may be changed before the deadline as often as desired. A vote shall be distinguished from a colloquy or commentary on the issue by utilizing the specific format of: "(member) votes or votes on the question" shall be utilized so that there is no confusion.
# During the period of the time set by the magistrate for the purpose of the vote, which in the exercise of discretion should be no more than twenty days, nor less than ten, any and all members of the involved council may comment as often as they deem necessary and proper and may exchange ideas and debate the matter as fully as they may deem proper. Any votes may be officially transmitted by any voting member during that time period for recordation and may be changed before the deadline as often as desired. A vote shall be distinguished from a colloquy or commentary on the issue by utilizing the specific format of: "(member) votes 'yes' or votes 'no' on the question" shall be utilized so that there is no confusion.
# The magistrate shall assign a sequential number to each separate question or issue which is to be subject to a vote, and the number sequence shall progress from year to year for the purpose of accurate history.
# The magistrate shall assign a sequential number to each separate question or issue which is to be subject to a vote, and the number sequence shall progress from year to year for the purpose of accurate history.
# When there is a vote called for, the magistrate shall inform the assembled membership of the council in question via electronic mail and shall announce the time during which the tabulation and registration of all votes shall begin and end.
# When there is a vote called for, the magistrate shall inform the assembled membership of the council in question via electronic mail and shall announce the time during which the tabulation and registration of all votes shall begin and end.
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# All captains or higher ranks properly on leave or inactive (and not AWOL) have the power to vote.
# All captains or higher ranks properly on leave or inactive (and not AWOL) have the power to vote.


===ARTICLE VII: COUNCIL===
===ARTICLE VII: CAPTAIN'S COUNCIL===


# The CC shall be composed at all times of all officers who have formally been frocked as a captain, which is defined as having passed the exam and having been officially recognized and awarded said rank.
# The CC shall be composed at all times of all officers who have formally been frocked as a captain, which is defined as having passed the captain's exam and having been officially recognized and awarded said rank.
# The CC shall allow at all times all individuals who have been officially frocked with the rank of commander, access to all votes and debate of its deliberations on any matter but shall make clear to the assembled commanders that while they may feel free to comment or participate in any debate or discussion, they may not vote on any matter.
# The CC shall allow at all times all individuals who have been officially frocked with the rank of commander, access to all votes and debate of its deliberations on any matter but shall make clear to the assembled commanders that while they may feel free to comment or participate in any debate or discussion, they may not vote on any matter.
# Reserved powers for the CC. These powers have been reserved specifically to the CC and may be exercised by majority vote as described hereafter but be it known that an exercise of any of these granted powers may be vetoed by the CC if four fifths of the EC membership so desire as related heretofore:
# Reserved powers for the CC. These powers have been reserved specifically to the CC and may be exercised by majority vote as described hereafter but be it known that an exercise of any of these granted powers may be vetoed by the CC if four fifths of the EC membership so desire as related heretofore:
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===ARTICLE VIII: DISCIPLINE OF ALL OFFICERS===
===ARTICLE VIII: DISCIPLINE OF ALL OFFICERS===


# Discipline Generally: It is anticipated that from time to time, it will be necessary to discipline officers for both in-character (IC) and out-character (OOC) acts. Discipline is to be administrated and shall take place in accord with the provisions of this section. Failure to abide by the provisions of this section, either procedurally or substantively shall be grounds for review by the appropriate body or individual and itself an actionable offense if a particular individual is responsible for an intentional breach of this article in the administration or enforcement of discipline.
# Discipline Generally: It is anticipated that from time to time, it will be necessary to discipline officers for both in-character (IC) and out-of-character (OOC) acts. Discipline is to be administrated and shall take place in accord with the provisions of this section. Failure to abide by the provisions of this section, either procedurally or substantively shall be grounds for review by the appropriate body or individual and itself an actionable offense if a particular individual is responsible for an intentional breach of this article in the administration or enforcement of discipline.
# Discipline of Cadets, Ensigns, Lt. Jr. Grade, Lt., and Lt. Commanders (as well as all corresponding marine ranks): The discipline of such officers is left to the Sole Discretion of the vessel command officer, as long as said officer officially holds the rank of commander or above and has been officially recognized as being the command officer of said vessel. It is recognized that in the course of commanding vessels, such decisions must be made on an expedited basis to preserve discipline and for that reason the command officers are vested with extraordinary discretion in this regard. Discipline levied in this fashion is subject to the appeals processes discussed hereafter.
# Discipline of Cadets, Ensigns, Lt. Jr. Grade, Lt., and Lt. Commanders (as well as all corresponding marine ranks): The discipline of such officers is left to the Sole Discretion of the vessel command officer, as long as said officer officially holds the rank of commander or above and has been officially recognized as being the command officer of said vessel. It is recognized that in the course of commanding vessels, such decisions must be made on an expedited basis to preserve discipline and for that reason the command officers are vested with extraordinary discretion in this regard. Discipline levied in this fashion is subject to the appeals processes discussed hereafter.
# Discipline of Commanders. The discipline of a full commander is the sole province of the vessel command officer appointed above him unless the commander is himself solely in charge of a vessel or installation. In the former case, the appeals process is as discussed hereafter and as set forth in the subsection above. In the latter case, the discipline shall be in all manners conducted as if the officer in question held the rank of captain as discussed in subsections hereafter. Although formal approval or ratification by the EC of a disciplinary decision herein contemplated shall not be required, the actions of the captain shall themselves be subject to discipline if they so merit.
# Discipline of Commanders. The discipline of a full commander is the sole province of the vessel command officer appointed above him unless the commander is himself solely in charge of a vessel or installation. In the former case, the appeals process is as discussed hereafter and as set forth in the subsection above. In the latter case, the discipline shall be in all manners conducted as if the officer in question held the rank of captain as discussed in subsections hereafter. Although formal approval or ratification by the EC of a disciplinary decision herein contemplated shall not be required, the actions of the captain shall themselves be subject to discipline if they so merit.
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## Expulsion from UFOP.
## Expulsion from UFOP.
# Characters expelled are, it is recognized, linked to real people and it is the real person as well as to the character that the admonitions in Article V apply.
# Characters expelled are, it is recognized, linked to real people and it is the real person as well as to the character that the admonitions in Article V apply.
# Appeals may be made in writing via e-mail to either the disciplining authority who shall immediately and on his honor forward notice of said appeal to the appropriate reviewing individual or authority or such appeals may be made directly to the appeal authority if such is known to the disciplined individual. In the case of all officers of commanders rank or below, the appeal of a decision to discipline shall be made to the counsel.
# Appeals may be made in writing via e-mail to either the disciplining authority who shall immediately and on his honor forward notice of said appeal to the appropriate reviewing individual or authority or such appeals may be made directly to the appeal authority if such is known to the disciplined individual. In the case of all officers of commanders rank or below, the appeal of a captain's decision to discipline shall be made to the captain's counsel.
# For all officers below the rank of captain, appeal of first resort shall be to the CC, whose appeal decision shall not be disturbed upon further review by the EC unless it shall appear that the CC acted in a manner to create a clear and convincing miscarriage of justice.
# For all officers below the rank of captain, appeal of first resort shall be to the CC, whose appeal decision shall not be disturbed upon further review by the EC unless it shall appear that the CC acted in a manner to create a clear and convincing miscarriage of justice.
# For all captains (or commanders acting as captains but not under the direct command of a captain) who may be disciplined by the CC, appeal shall be to the EC. If said captain or commander acting as a captain has been disciplined directly by the EC, the appeal shall be to that body for a petition of reconsideration.
# For all captains (or commanders acting as captains but not under the direct command of a captain) who may be disciplined by the CC, appeal shall be to the EC. If said captain or commander acting as a captain has been disciplined directly by the EC, the appeal shall be to that body for a petition of reconsideration.
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###The candidate shall be promoted officially.
###The candidate shall be promoted officially.
## Promotion to the rank of Fleet Captain, Commodore, Rear Admiral, Vice Admiral or Admiral shall be accomplished in the following manner:
## Promotion to the rank of Fleet Captain, Commodore, Rear Admiral, Vice Admiral or Admiral shall be accomplished in the following manner:
###The candidate shall be proffered by any flag officer of equal rank (to the current rank) or above to the EC;
###The candidate shall be proffered by any flag officer of equal rank (to the candidate's current rank) or above to the EC;
###The EC shall convene a vote to decide the matter;
###The EC shall convene a vote to decide the matter;
###The candidate shall be promoted officially.
###The candidate shall be promoted officially.
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