UFOP Constitution/Bylaws/7: Difference between revisions

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===BYLAW 8: DECOMMISSIONING OF VESSELS AND DISCIPLINE OF CAPTAINS (EC2391-08)===
===BYLAW 7: MEMBERSHIP OF THE CAPTAIN’S COUNCIL (CC2383-01/EC2383-10)===
It is necessary that the Executive Council have the power to protect the community’s members, and assets, from harmful influence of captains who are undermining the ability of the group to develop and retain members, or are no longer abiding to group rules. However, the group also recognizes that captains should be treated in a just and fair manner that allows for their concerns to be heard when drastic action is taken. This bylaw seeks to codify the process by which decommissioning takes place, in accordance with that goal.
INTRODUCTION: The Constitution defines membership of the captain’s council as including all officers who have been frocked as Captain, and also gives debate allowances (but no vote) to those of Commander rank. The bylaw below will expand the official membership allowances of the council.
 
#'''Voting and discussion rights.''' As of the passing of this bylaw, the following officers will officially have access to the Captain’s Council discussion areas:
# '''Decommissioning due to ship viability:''' The Executive Council is empowered to take immediate and non-appealable action to decommission a vessel if the ship is deemed to be no longer viable.
##'''Member of the Executive Council: 1 vote.''' Any officer who is officially recognized as a member of the Executive Council will have one vote on the council, which comes with full discussion rights, regardless of the rules below;
## Before a decommissioning of this nature occurs, the Executive Council should make every effort to warn a captain and urge correction.
##'''Captains acting as Commanding Officer: 1 vote.''' Any officer who has been frocked as a captain by the Executive Council will have one vote on the council, which comes with full discussion rights;
## At least one of the following conditions must exist before a decommissioning of this nature can take place:
##'''Captains: 1 vote.''' Any officer who is not acting as the Commanding Officer of a vessel, but has been officially recognized as a Captain, will have one vote on the council, which comes with full discussion rights;
### A ship’s number of submitted sims drops below 112 a month for two sequential months, or three months out of six;
##'''Commanders acting as Commanding Officers: 1 vote.''' Any officer who is acting in the official capacity of Commanding Officer of a vessel, as recognized by the Executive Council, will have one vote on the council, which comes with full discussion rights;
#### For ships with 9-11 members, the standard is 100 sims.
##'''Commanders: Discussion rights.''' Any officer who is not acting as the Commanding Officer of a vessel, but has officially been recognized as a Commander, has full discussion rights;
### Fewer than 40% of roster members are simming at a pace of 12 sims per month for two out of the last three months;
##'''Lieutenant Commanders acting as First Officers: Discussion rights.''' Any officer who is acting in the official capacity of First Officer of a vessel, as recognized by the ship’s official Commanding Officer, has full discussion rights.
### The commanding officer has simmed less than 12 times a month for three of the last six months.
#'''Active status.'''
## The Council may only act after a motion to decommission is proposed, seconded, and passed by a majority vote.
##For an officer to maintain their voting or discussion rights on the Captain’s Council, they must be considered in “active status,” which is defined as follows:
# '''Decommissioning due to disciplinary action:''' The Executive Council is empowered to expel a commanding officer from his or her ship, placing it temporarily in the command of the First Officer or another officer of commander rank or above, if the council believes that the commanding officers has committed any of the acts listed in Article VIII, Section 5 of the Constitution.
###Actively participating on a vessel, as defined by the vessel’s Commanding Officer, OR;
## '''Notification:''' The Executive Council is only obligated to notify the commanding officer at the time the expulsion occurs.
###Actively participating on the Captain’s Council by participating (“vote yes,” “vote no,” “vote abstain”) in at least 60% of all votes proffered, AND responding to roll call when requested.
## '''List removal:''' The Executive Council is empowered, but not obligated, to remove the commanding officer from the ship’s email lists, and suspend the commanding officer’s forum and wiki account.
##If an officer is ineligible to vote, and is not actively participating on a vessel, he or she must place him or herself on LOA status until which point they are able to regain active status. If this officer fails to place him or herself on LOA status, actions will be taken per section
## '''Due process:''' The Council may only act after a motion to expel the commanding officer is proposed, seconded, and passed by a majority vote.
#'''Irregularities:''' Should an officer not adhere to the regulations above, he or she will be removed from the Captain’s Council list and be placed on “retired” status. He or she will be subject to other bylaws and rules regarding return to active status, as necessary.
### If the commanding officer in question is a member of the Executive Council, the Council may convene a private session which does not include the commanding officer in question, to consider and vote upon expulsion.
#All Captains with “active status” (as defined in article II) retain their right to vote. However, for a CC motion to pass, the required quorum will be 60% of the commanding officers currently running a sim site.
#### In this situation, the vote on a motion to expel the commanding officer from his or her should include the participation of the Captain at Large.
## '''Appeal:''' If the commanding officer believes that the Executive Council has acted unfairly, he or she is allowed — per the terms of Article VIII — to submit to the Executive Council a petition for reconsideration.
### This petition must be delivered to the Council within 72 hours of expulsion.
#### If the petition is not delivered by that point, the council is empowered, but not obligated, to proceed with permanently removing the commanding officer from the origination ship.
### The Council may not act to irrevocably change the ship’s construction — splitting the crew, reassigning the crew elsewhere, etc. — until the appeal has been processed and merit has been decided.
### The Executive Council has seven days to review the appeal and vote on whether it is with, or without merit. The vote must pass in the majority.
#### '''If the appeal is judged to have merit,''' the Council should then return the captain to his or her ship, and enact a set of guidelines or recommendations for avoiding further disciplinary action.
#### '''If the appeal is judged to not have merit,''' it will be dismissed, the commanding officer will be permanently removed from the origination ship, and the Council will decide whether to permanently place the acting commanding officer in charge of the ship, or take other action as necessary to secure the future of the crew.


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Bylaws of the UFOP Constitution
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BYLAW 7: MEMBERSHIP OF THE CAPTAIN’S COUNCIL (CC2383-01/EC2383-10)

INTRODUCTION: The Constitution defines membership of the captain’s council as including all officers who have been frocked as Captain, and also gives debate allowances (but no vote) to those of Commander rank. The bylaw below will expand the official membership allowances of the council.

  1. Voting and discussion rights. As of the passing of this bylaw, the following officers will officially have access to the Captain’s Council discussion areas:
    1. Member of the Executive Council: 1 vote. Any officer who is officially recognized as a member of the Executive Council will have one vote on the council, which comes with full discussion rights, regardless of the rules below;
    2. Captains acting as Commanding Officer: 1 vote. Any officer who has been frocked as a captain by the Executive Council will have one vote on the council, which comes with full discussion rights;
    3. Captains: 1 vote. Any officer who is not acting as the Commanding Officer of a vessel, but has been officially recognized as a Captain, will have one vote on the council, which comes with full discussion rights;
    4. Commanders acting as Commanding Officers: 1 vote. Any officer who is acting in the official capacity of Commanding Officer of a vessel, as recognized by the Executive Council, will have one vote on the council, which comes with full discussion rights;
    5. Commanders: Discussion rights. Any officer who is not acting as the Commanding Officer of a vessel, but has officially been recognized as a Commander, has full discussion rights;
    6. Lieutenant Commanders acting as First Officers: Discussion rights. Any officer who is acting in the official capacity of First Officer of a vessel, as recognized by the ship’s official Commanding Officer, has full discussion rights.
  2. Active status.
    1. For an officer to maintain their voting or discussion rights on the Captain’s Council, they must be considered in “active status,” which is defined as follows:
      1. Actively participating on a vessel, as defined by the vessel’s Commanding Officer, OR;
      2. Actively participating on the Captain’s Council by participating (“vote yes,” “vote no,” “vote abstain”) in at least 60% of all votes proffered, AND responding to roll call when requested.
    2. If an officer is ineligible to vote, and is not actively participating on a vessel, he or she must place him or herself on LOA status until which point they are able to regain active status. If this officer fails to place him or herself on LOA status, actions will be taken per section
  3. Irregularities: Should an officer not adhere to the regulations above, he or she will be removed from the Captain’s Council list and be placed on “retired” status. He or she will be subject to other bylaws and rules regarding return to active status, as necessary.
  4. All Captains with “active status” (as defined in article II) retain their right to vote. However, for a CC motion to pass, the required quorum will be 60% of the commanding officers currently running a sim site.


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