Difference between revisions of "Articles of Association/Constable"

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(Changes proposed in Articles ... /Draft as of Mar 7 2013 http://sudoroom.org/mediawiki/index.php?title=Articles_of_Association/Draft&oldid=2625)
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==Article 1. Purpose==
==Article 1. Purpose==
* '''sudo room''' is an association of individuals (called "sudoers") established to collectively support a [[Sudo_room|creative community and hacker space]] with [[Sudo_room/methodology|corresponding values]].
'''sudo room''' is an association of individuals ("sudoers") established to collectively sustain a [[Sudo_room|creative community and hacker space]] with a [https://www.noisebridge.net/wiki/Do-ocracy do-ocracy] foundation.


===Values===
===Values===
'''sudo room''' is an open, collaborative community of creators and practitioners working toward positive social change. '''sudo room''' chooses to:
'''sudoers''' are an open, transparent, inclusive community of creators working collaboratively to be constructive members of society.
#Value open, public discourses over closed, proprietary processes.
#Value access and transparency over exclusivity.
#Value solving real problems over hypotheticals, while respecting visions of the future.
#Value community and collaboration over isolation and competition.
#Value human judgment over automation and efficiency.
#Value do-ocracy over bureaucracy.
#Value safe space over ideology.


==Article 2. Membership==
==Article 2. Membership==
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===Section 2.0 Definition===
===Section 2.0 Definition===


'''sudo room''' is a deliberative collective, meaning there is horizontal democratic control and participatory management of the organization, which is composed of all individual members. However, the group actively strives to substantially incorporate interested community participants and beneficiaries who are non-members. Members agree to decisions made by '''sudo room''' as well the terms of these Articles of Association and all future ammendments.
'''sudo room''' is a deliberative collective, meaning there is horizontal democratic control and participatory management of the organization, which is composed of all individual members. However, the group actively strives to substantially incorporate interested community participants and beneficiaries who are non-members. Members agree to decisions made by '''sudo room''' as well the terms of these Articles of Association and all future amendments.


By using spaces or services operated by '''sudo room''', community participants and beneficiaries are obligated to respect all decisions by '''sudo room''' as well as the terms of these articles of association and all future amendments.
By using spaces or services operated by '''sudo room''', community participants and beneficiaries are obligated to respect all decisions by '''sudo room''' as well as the terms of these Articles of Association and all future amendments.


===Section 2.1 Qualifications for Membership===
===Section 2.1 Qualifications for Membership===
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===Section 2.2 Sudo Functionaries===
===Section 2.2 Sudo Functionaries===


As a collective, functionary positions are voluntary roles taken on by willing members and intended to change regularly. No person may hold more than one position simultaneously, unless permitted by '''sudo room'''. The positions and respective duties are listed below:
As a collective, functionary positions are voluntary roles taken on by willing members and intended to change regularly. No person may hold more than one position simultaneously, unless permitted by '''sudo room'''. Any member of sudoroom may perform any of the functions of any of the Functionaries, but the Functionaries are expected to perform their duties regularly and must perform them if no one else can or will. Any Functionaries can voluntarily cede the role to another member any time, and is replaced if another member is voted into the function by a simple majority vote.
The positions and respective duties are listed below:
 
* Facilitator
* Facilitator
** Facilitate meetings by maintaining the agenda and ensuring topics are dealt with.
** Maintains the agenda for meetings, ensures topics are dealt with, and recognizes speakers in a fair and inclusive way.
** Can be replaced at any time by some other member through friendly resignation or a simple majority vote. This is a non-confrontational aspect of the role to help facilitation proceed as fluidly as possible.
** Ensures that all group business is handled and all group decisions are made in the way described in these Articles of Association, by bearing them in mind and referring to them whenever needed.
** Uses own best judgment to resolve ambiguity in the Articles of Association about how business is handled in meetings, but may be challenged in this by anyone who does not consent, which results in a majority vote on sustaining or overturning the Facilitator's judgment.
 
* Scribe
* Scribe
** Takes notes during meetings, collaborates with others to include their notes in final meeting minutes.
** Takes notes during meetings and collaborates with others to include their notes in final meeting minutes.
** Posts notes publicly after each meeting
** Posts notes publicly after each meeting.
** Can be replaced at any time by some other member through friendly resignation or a simple majority vote. This is a non-confrontational aspect of the role to help note-taking proceed as fluidly as possible.
 
* Exchequer
* Exchequer
** Presents the budget during meetings, as articulated in the budget process below.
** Presents the budget during meetings, as articulated in the budget process below.
** Coordinates with Scribe to ensure budget-related information is accurate with respect to the budget process below.
** Receives dues and donations and pays expenses on behalf of the group, using the group's accounts.
** Can be replaced at any time by some other member through friendly resignation or a simple majority vote. This is a non-confrontational aspect of the role to help budget-reporting proceed as fluidly as possible.
** Maintains accurate budget documentation and makes it available to the group.
 
* Constable
** Point person for facilitating the conflict resolution process according to the Articles, but not necessarily a moderator.
** Stewards selection of a moderator and schedules meetings among conflicting parties and moderator.
** Documents all meetings and communications relevant to the conflict resolution process.
** Promotes good-faith participation in the process by conflicting parties on a basis of mutual respect and growth towards better relationships and a stronger community.
** If conflict resolution goes before the whole group, co-facilitates with Facilitator, and handles points of information about conflict resolution with reference to the documentation.
** Does not act as Constable in conflicts involving self.


===Section 2.3 Benefits===
===Section 2.3 Benefits===
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** Items are up to the discretion of '''sudo room''' to determine through its budgeting and decision-making processes.
** Items are up to the discretion of '''sudo room''' to determine through its budgeting and decision-making processes.
* A ''safe space,'' which is defined as:
* A ''safe space,'' which is defined as:
** "A place where anyone can relax and be fully self-expressed, without fear of being made to feel uncomfortable, unwelcome, or unsafe on account of biological sex, race/ethnicity, sexual orientation, gender identity or expression, cultural background, age, or physical or mental ability; a place where the rules guard each person's self-respect and dignity and strongly encourage everyone to respect others."  [https://en.wikipedia.org/wiki/Safe-space on Wikipedia].
** "A place where anyone can relax and be fully self-expressed, without fear of being made to feel uncomfortable, unwelcome, or unsafe on account of biological sex, race/ethnicity, sexual orientation, gender identity or expression, cultural background, age, or physical or mental ability; a place where the rules guard each person's self-respect and dignity and strongly encourage everyone to respect others."  [https://en.wikipedia.org/wiki/Safe-space — Advocates for Youth via Wikipedia].


==Article 3. Decision-Making==
==Article 3. Decision-Making==
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====Sub-Section 3.0.1 Agenda====
====Sub-Section 3.0.1 Agenda====
Agendas will be initiated with a default structure left open to addition until the beginning of the next meeting. Additions to the agenda during the meeting require a simple majority to be added, otherwise they are tabled to the next meeting.
Agendas will be initiated with a default structure left open to addition until the beginning of the next meeting. Additions to the agenda during the meeting require a simple majority to be added, otherwise they are tabled until the next meeting.


Agenda structure:
Agenda structure:
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===Section 3.4 Enforcement===
===Section 3.4 Enforcement===
====Sub-Section 3.4.0 Process====
====Sub-Section 3.4.0 Process====
The resolution of disputes and disagreements within '''sudo room''' is encouraged through informal process and the spirit of a collaborative environment. There is a process, however, by which issues that are not resolved informally and that arise within the scope of these articles of association, should be considered:
The resolution of disputes and disagreements within '''sudo room''' is encouraged through informal process and the spirit of a collaborative environment. There is a process, however, by which issues that are not resolved informally and that arise within the scope of these articles of association:
# Conflict resolution is attempted through the facilitation of a consenting, neutral, mutually agreed-upon third-party.
# The party who seeks resolution finds someone to act as Constable in the matter, and works with this Constable to find a Mediator.
# The issue is added to the official '''sudo room''' wiki to be added to the agenda of the next official meeting, save any issues with significant privacy concerns.
## The Mediator is an impartial and uninvolved third party who consents to assist, and with whom all conflicting parties consent to work with towards a solution.
# At the beginning of each meeting's agenda item on Enforcement and Conflict Resolution, all unresolved issues on the wiki will be categorized into one of several types. They will be categorized using '''consensus''' and reflecting '''sudo room''''s above values. The categories are (in order of decreasing severity):
## The Constable organizes meetings for conflict resolution and maintains records of all meetings and relevant communications among the conflicting parties.
## Membership suspension or termination.
## The Constable, Mediator, and the conflicting parties arrange to meet to work out a resolution to the conflict that all conflicting parties consent to.
##* '''Decision Procedure:''' 2/3 vote
# If at least one conflicting party does not consent to meet, or if at least one conflicting party is unavailable to meet in a reasonable time, all relevant circumstances considered, or if the Constable and Mediator agree after at least one meeting that further meetings would not be likely to lead to resolution, the issue is brought before the group in the following way:
## Safe space.
## The issue is added to the agenda of the next official meeting scheduled at least one week in the future, and all relevant documentation is gathered together by the Constable and made available to the group at least one week beforehand, preferably on the wiki, and notice is broadcast to the group, preferably on the mailing list, but information that would compromise anyone's privacy or dignity is not made public. In the description of the issue, the form of redress sought by the plaintiff(s) is included. Both the Constable and Mediator must give their approval of the factual content of the documentation before it is posted. Both the Constable and Mediator must expressly affirm that the form of redress sought by the plaintiff(s) is consistent with '''sudo room's''' values. The request for redress must include an implementation plan approved by the Constable and the Mediator if it is not obvious how to implement it.
##* '''Decision Procedure:''' 2/3 vote
## During each meeting's agenda item on Conflict Resolution, all unresolved issues on the wiki are brought up for discussion followed by a vote.
## Purely fiscal.
### First, the Constable presents all relevant documentation about the issue.
##* '''Decision Procedure:''' 1/2 vote
### Then, a category of severity is established by '''consensus''' according to '''sudo room''''s values and the facts of the case. The category determines the voting threshold for sustaining a sanction against any party to the conflict. The categories are (in order of decreasing severity):
## Default.
#### Conflict calling for membership suspension or termination.
##* '''Decision Procedure:''' Consensus
####* '''Decision Procedure:''' 2/3 vote
## Positive feedback.
#### Conflict where only material compensation is sought.
##* '''Decision Procedure:''' Auto-approval
####* '''Decision Procedure:''' 1/2 vote
# The opportunity to represent their perspective is granted to each relevant person, and general discussion may be held about the issue.
#### All other conflicts.
# A decision is made by '''sudo room''' to resolve the issue as best as possible, according to the values constituting these articles of association.
####* '''Decision Procedure:''' Consensus
### Then, the opportunity to represent perspective is granted to each conflicting party and to the Mediator, and general discussion may be held about the issue if any member wishes. The Constable co-facilitates with the Facilitator in order to answer questions specific to the conflict and provides information about the history of the conflict by referring to the documentation.
### Then, a brief period of deliberation of definite time is held, during which members are free to consider the issue or discuss it directly with others.
### Then, members may propose alternative remedies to the conflict, preferably but not necessarily along with implementation plans if appropriate, which are added to a list of potential remedies if neither the Constable nor the Mediator objects. They may be overruled in their objections if a second member supports the proposal.
### Finally, a vote is held on the plaintiff(s)' proposed remedy, and then alternative remedies are voted upon in the order they were proposed, but only if at least one member indicates that the one under consideration is still relevant. After all remedies have been considered in this way, the matter is considered resolved. The Constable then works with all relevant parties to implement the remedy or remedies that passed according to their implementation plans, and also to develop plans for remedies proposed during the meeting without plans if needed.
### Any conflicting party unsatisfied with the decision may place an appeal on the agenda in the same way that conflicts are placed on the agenda, except that a majority of the group must vote to accept the appeal during a meeting, and the process begins anew. The appeal must propose an alternative remedy and refer to values that were not served by the original decision.
### If at the end of any step in the process more than an hour has passed during the current meeting in considering the conflict, any member may request that a majority vote be held on whether to table the conflict until the next meeting.


====Sub-Section 3.4.1 Fairness====
====Sub-Section 3.4.1 Principles and Values Specific to Conflicts====
Due process in the resolution of conflicts must include:
# The accused are presumed innocent unless and until proven otherwise beyond reasonable doubt.
# the right to an appeal and a fair tribunal
# Respect for the privacy and dignity of all members is consistently maintained.
# the presumption of innocence and the respect for privacy; and
# Proportional and effective remedies should be sought.
# proportionality and effective remedies.
# [https://en.wikipedia.org/wiki/Restorative_justice Restorative] remedies are strongly preferred over [https://en.wikipedia.org/wiki/Retributive_justice retributive] remedies.


===Section 3.5 Corporate and Tax Status===
===Section 3.5 Corporate and Tax Status===
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===Section 4.1 Process===
===Section 4.1 Process===
The process to amend these articles of association entails:
Amendments shall be made by:
# Announcing the proposed amendment, posted:
# Announcing the proposed amendment by posting:
#* On the official '''sudo room''' wiki.
#* On the official '''sudo room''' wiki.
#* On the '''sudo room''' ''discussion'' email  list
#* On the '''sudo room''' ''discussion'' email  list
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#* On any '''sudo room''' email list.
#* On any '''sudo room''' email list.
# Adding an agenda item to an official meeting's agenda.
# Adding an agenda item to an official meeting's agenda.
#* The agenda item includes time to review the feedback, recieve in-person feedback, and discuss.
#* The agenda item includes time to review the feedback, receive in-person feedback, and discuss.
#*'''Decision procedure:''' Consensus
#*'''Decision procedure:''' Consensus


===Section 4.2 Dissolution / Termination of Association===
===Section 4.2 Dissolution / Termination of Association===
Dissolution must be proposed in the same manner as all other amendments to these articles. For clarity, the decision procedure will use '''consensus'''.
Dissolution must be proposed in the same manner as all other amendments to these articles. For clarity, the decision procedure will use '''consensus'''.
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