[PROPOSAL] New Addition/Revision to OWBN Disciplinary Policy

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Proposal Type: Bylaw Revision
Opened: 25-Jul-2013 12:00AM EDT
Closing: 31-Jul-2013 11:58PM EDT


I, Bruce Lindsay, Council Member of UTR- Under the Rock, Rockland, NY, in accordance with Administrative Bylaw 3.A.i. do hereby Propose to Council an amended, revised, and more straightforward revision to Administrative Bylaw 6.B.ii


As a Result of the proposed Amendment, a Necessary addition Must also be Made to Coordinators Bylaw 3.A.i.


The purpose of this proposal, is to ensure due diligence be performed when something as serious as a Disciplinary Action be Proposed, and also make the process streamlined in cases of people not responding to their notifications.


Currently, Administrative Bylaw 6.B.ii Reads as Follows:


  1. Disciplinary Policy

…....

B. Issuing a OWBN Disciplinary Action

    1. To initiate an OWBN Disciplinary Action a proposal must be submitted to Council proposing an action against a member, where a member is defined as an individual who participates in OWBN.

    2. The member to be issued with an OWBN Disciplinary Action must be sent notification within twenty-four (24) hours of the beginning of the discussion period of the proposal. The member is permitted to state a case in their defense.

      1. This defense must be given within seven (7) days of the beginning of the discussion period of the proposal.

      2. The Head Coordinator may extend this period up to twenty-one (21) days by to a total of twenty-eight (28) days from the beginning of the discussion period. Any further extension requires a council vote. The voting period shall not begin until the discussion period has passed.

      3. If no response has been received from the member within the allotted time, then the member shall have forfeited the right to a response.

….................…...................................................................................................................................................


Below (SEE THIS LINK: https://docs.google.com/document/d/12frpYk1BF07pwHuhr0yzf71ik0bIbHbUT0EzMzrav-g/edit?usp=sharing), you will find the revisions proposed utilizing the Black Strikethrough and Red Font, symbolizing what is being Removed and Added.


B. Issuing a OWBN Disciplinary Action

    1. To initiate an OWBN Disciplinary Action a proposal must be submitted to Council proposing an action against a member, where a member is defined as an individual who participates in OWBN.

    2. The individual member to be issued with an OWBN Disciplinary Action must be sent notification within twenty-four (24) hours of the beginning of the discussion period of the proposal. at the same time the Proposal is made to council, via email, or any other acceptable means of notification, and that must be documented within the Proposal and done so by the person Proposing the Disciplinary action. The member is permitted to state a case in their defense.

    1. This defense must be given within seven (7) days of the beginning of the discussion period of the proposal.If after 24 Hours of the notification  of the proposal, the Individual has not responded in any fashion that they have been made aware of the proposal, it becomes the Head Coordinator's responsibility to make sure the person becomes aware of the proposal in a timely manner, and all attempts must be documented and presented to council for review.

    2. The Individual Member has the right to defend themselves via their Council Member during the Discussion Period which is normally 7 days unless extended by the Head Coordinator. If the Individual chooses to not have their own Council Member defend them and be their connection to the Discussion of the Proposal, the individual may choose another Council Member or a member of the Executive Team to come forth and act in their defense.The Head Coordinator may extend this period of discussion for any reason, up to twenty-one (21) days by to a total of twenty-eight (28) days from the beginning of the discussion period. Any further extension requires a council vote. The voting period shall not begin until the discussion period has passed.

    3. If no response has been received from the member within the allotted time, and due diligence has been made by the Head Coordinator in an attempt to do so, then the member shall have forfeited the right to a response. Defense.

…........................................................................................................................................................................


The Revision to Coordinators Bylaw 3.A.i. would be to empower the ability and designate the responsibility to the Head Coordinator to contact  those who have a Disciplinary Action Proposal who have not responded, or a council member not responded on their behalf.


The Bylaw As is Is fine, No need to Revise anything, just to add a Section 6.

  1. Coordinator Duties

    1. Administrative Coordinators

      1. Head Coordinator

        1. The Head Coordinator shall be responsible, to the best of their ability, for duties assigned to the position as outlined within the bylaws of the network.

        2. The Head Coordinator may be sought as a binding arbiter in a disputed between parties with the consent of all involved, as opposed to taking the matter directly to Council. The HC has the right to refuse.

          1. This responsibility may not be delegated without prior permission from all parties involved.

        3. The Head Coordinator may, at their discretion, delegate responsibilities to the Assistant Head Coordinators or duly appointed sub-coordinator.

        4. The Head Coordinator may appoint an Interim Coordinator to temporarily fill the position of an Elected or Appointed Coordinator until said Coordinator can return to their duties. The appointee will be treated as an official Coordinator.

          1. This Interim Coordinator may fill the position as appointed by the Head Coordinator for up to thirty days. Any extension beyond those thirty days must be approved by Council. If the extension is unapproved by Council, Special Elections will then begin, per Administrative Bylaw 4.C.

          2. The appointment of an Interim Coordinator will be announced to Council and ST lists, and that announcement may be distributed to the players from there.

          3. The appointed Interim Coordinator must fill out a Coordinator Report, per Administrative Bylaw 8.D.iv upon leaving office.

        5. The Head Coordinator, when presented with legal demands, threats of legal action, or other legally related situations which present an immediate, clear, and present danger to the organization, is empowered to take whatever emergency and prophylactic actions are required to avoid the adverse consequences. This emergency action is authorized without passing a specific proposal through Council, provided that within two weeks of the emergency action, the Head Coordinator must present to Council, for approval, a formal proposal stating the nature of the emergency and the action taken.

        6. The Head Coordinator, or a member of the Executive Team, designated by the Head Coordinator, must make sure that anyone who is on the receiving end of a Disciplinary Action Proposal is notified of such. The Head Coordinator must also make sure that the Individual has a Council Member to represent them if a conflict of interest may be there or the Head Coordinator’s office must find an agreeable representative,  agreed upon by both parties. The Head Coordinator’s office is responsible for providing accurate and documented attempts at contacting the individual in the event that the individual has chosen to ignore the proceedings . Such attempts should include, but are not limited to, emailing the individual, contacting other members of a chronicle to obtain verifiable methods of communication, Social Media attempts, or anything else within reason and not in violation with any  federal or state laws.


......................................................................................................................................

For Linear continuity sake, These are what the new bylaw would look like:


Administrative Bylaw 6.B.ii

B. Issuing a OWBN Disciplinary Action

    1. To initiate an OWBN Disciplinary Action a proposal must be submitted to Council proposing an action against a member, where a member is defined as an individual who participates in OWBN.

    2. The individual member to be issued with an OWBN Disciplinary Action must be sent notification at the same time the Proposal is made to council, via email, or any other acceptable means of notification, and that must be documented within the Proposal and done so by the person Proposing the Disciplinary action.

    1. If after 24 Hours of the notification  of the proposal, the Individual has not responded in any fashion that they have been made aware of the proposal, it becomes the Head Coordinator's responsibility to make sure the person becomes aware of the proposal in a timely manner, and all attempts must be documented and presented to council for review.

    2. The Individual Member has the right to defend themselves via their Council Member during the Discussion Period which is normally 7 days unless extended by the Head Coordinator. If the Individual chooses to not have their own Council Member defend them and be their connection to the Discussion of the Proposal, the individual may choose another Council Member or a member of the Executive Team to come forth and act in their defense.The Head Coordinator may extend this period of discussion for any reason, up to twenty-one (21) days by to a total of twenty-eight (28) days from the beginning of the discussion period. Any further extension requires a council vote. The voting period shall not begin until the discussion period has passed.

    3. If no response has been received from the member within the allotted time, and due diligence has been made by the Head Coordinator in an attempt to do so, then the member shall have forfeited the right to a Defense.

 


.............................................................................................................................................

 

And Coordinators Bylaw 3.A.i.

 



  1. Coordinator Duties

    1. Administrative Coordinators

      1. Head Coordinator

        1. The Head Coordinator shall be responsible, to the best of their ability, for duties assigned to the position as outlined within the bylaws of the network.

        2. The Head Coordinator may be sought as a binding arbiter in a disputed between parties with the consent of all involved, as opposed to taking the matter directly to Council. The HC has the right to refuse.

          1. This responsibility may not be delegated without prior permission from all parties involved.

        3. The Head Coordinator may, at their discretion, delegate responsibilities to the Assistant Head Coordinators or duly appointed sub-coordinator.

        4. The Head Coordinator may appoint an Interim Coordinator to temporarily fill the position of an Elected or Appointed Coordinator until said Coordinator can return to their duties. The appointee will be treated as an official Coordinator.

          1. This Interim Coordinator may fill the position as appointed by the Head Coordinator for up to thirty days. Any extension beyond those thirty days must be approved by Council. If the extension is unapproved by Council, Special Elections will then begin, per Administrative Bylaw 4.C.

          2. The appointment of an Interim Coordinator will be announced to Council and ST lists, and that announcement may be distributed to the players from there.

          3. The appointed Interim Coordinator must fill out a Coordinator Report, per Administrative Bylaw 8.D.iv upon leaving office.

        5. The Head Coordinator, when presented with legal demands, threats of legal action, or other legally related situations which present an immediate, clear, and present danger to the organization, is empowered to take whatever emergency and prophylactic actions are required to avoid the adverse consequences. This emergency action is authorized without passing a specific proposal through Council, provided that within two weeks of the emergency action, the Head Coordinator must present to Council, for approval, a formal proposal stating the nature of the emergency and the action taken.

        6. The Head Coordinator, or a member of the Executive Team, designated by the Head Coordinator, must make sure that anyone who is on the receiving end of a Disciplinary Action Proposal is notified of such. The Head Coordinator must also make sure that the Individual has a Council Member to represent them if a conflict of interest may be there or the Head Coordinator’s office must find an agreeable representative,  agreed upon by both parties. The Head Coordinator’s office is responsible for providing accurate and documented attempts at contacting the individual in the event that the individual has chosen to ignore the proceedings . Such attempts should include, but are not limited to, emailing the individual, contacting other members of a chronicle to obtain verifiable methods of communication, Social Media attempts, or anything else within reason and not in violation with any  federal or state laws.



Thank You all who gave me input and suggestions and to those that felt this was needed. 



-- 
-Bruce Lindsay

Under The Rock Council Rep. / LST
IC Rockland County NY

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