UFOP Constitution/Bylaws/8

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Bylaw 8: Decommissioning of Vessels and Discipline of Captains

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.

  1. 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.
    1. Before a decommissioning of this nature occurs, the Executive Council should make every effort to warn a captain and urge correction.
    2. At least one of the following conditions must exist before a decommissioning of this nature can take place:
      1. A ship’s number of submitted sims drops below 112 a month for two sequential months, or three months out of six;
        1. For ships with 9-11 members, the standard is 100 sims.
      2. Fewer than 40% of roster members are simming at a pace of 12 sims per month for two out of the last three months;
      3. The commanding officer has simmed less than 12 times a month for three of the last six months.
    3. The Council may only act after a motion to decommission is proposed, seconded, and passed by a majority vote.
  2. 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.
    1. Notification: The Executive Council is only obligated to notify the commanding officer at the time the expulsion occurs.
    2. 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.
    3. Due process: The Council may only act after a motion to expel the commanding officer is proposed, seconded, and passed by a majority vote.
      1. 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.
        1. 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.
    4. 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.
      1. This petition must be delivered to the Council within 72 hours of expulsion.
        1. 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.
      2. 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.
      3. 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.
        1. 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.
        2. 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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