Difference between revisions of "Bylaw amendment 5"

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* Proposed: April 3, 2012
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* Proposed: May 1, 2012
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* Voted on: April 24, 2012
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* Voted on: May 29, 2012
 
* Vote result: Passed
 
* Vote result: Passed
  
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This proposed bylaw would eliminate the Board Secretary position, rolling its duties into the Vice President's duties. It would create a new position, "Project Coordinator", whose responsibilities would cover the organization of larger projects, including the renovations, Hackathon group projects and any other projects that need member support to accomplish. This amendment will result in additional changes to the bylaws which are not shown below, consisting solely of rewording instances of ''Secretary'' to instead indicate the ''Vice President''.
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It has come to light that we need some truly official documentation in place to protect the organization and its members in the event that a criminal act is committed and prosecuted that involves SkullSpace property in some way. I propose that we add the following to the '''Membership in SkullSpace''' section of the bylaws. I feel that this is the ''bare minimum'' that we can enact and still have a defensible legal stance against prosecution (IANAL). The goal here is to have something we can point to if we ever need and say "No, we didn't enable that criminal act! It's against our bylaws and everything!".
  
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Here are the current and suggested bylaw revisions:
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I would like to point out the use of the word ''may'' in the '''Illegal activities''' section is designed to account for the varying severity, intention, and provability of the acts in question. Adding a ''must'' to the bylaws is rarely a good idea. Finally note that the activity in question must be covered by federal law to enact these provisions.
  
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==Current==
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'''The wording of the proposed amendment is subject to review by a lawyer.'''
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<blockquote>The board is to appoint persons, from among the directors, to the following offices:
 
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{|
 
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! Office
 
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! Mandate
 
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|-
 
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| style="background-color:#dddddd;" | President
 
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| style="background-color:#dddddd;" |  Calls and chairs meetings of the board. Acts as public spokesperson for SkullSpace. Subject to this by-law and any direction by the board, assigns functions and duties. Prepares reports on matters other than finances.
 
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|-
 
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| Vice-president
 
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| Carries out the duties of the president in his or her absence. Performs other duties as assigned by the board or the President.
 
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|-
 
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| style="background-color:#dddddd;" |  Secretary
 
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| style="background-color:#dddddd;" |  Keeps the corporate minute book up to date. Records minutes of meetings of the board and of members. Assists the President with internal communications.
 
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|-
 
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| Treasurer
 
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| Prepares the annual budget for approval by the board. Prepares monthly financial reports and annual financial statements. Manages the membership database. Has signing authority on banking transactions (one of two cosigners).
 
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|-
 
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| style="background-color:#dddddd;" |  Operations Manager
 
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| style="background-color:#dddddd;" |  Manages the use, safety and security of the Hackerspace.
 
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|}
 
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The officer must either perform the duty as stated above, or delegate the stated duty to another individual or organization. It is ultimately the responsibility of each officer to ensure that his duties are completed.
 
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Except for the President and the Vice-president, an officer may be appointed to more than one office. For example, the offices of Secretary and Treasurer may be held by one person.</blockquote>
 
  
 
==Proposed==
 
==Proposed==
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<blockquote>The board is to appoint persons, from among the directors, to the following offices:
 
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−
{|
 
−
! Office
 
−
! Mandate
 
−
|-
 
−
| style="background-color:#dddddd;" |  President
 
−
| style="background-color:#dddddd;" |  Calls and chairs meetings of the board. Acts as public spokesperson for SkullSpace. Subject to this by-law and any direction by the board, assigns functions and duties. Prepares reports on matters other than finances.
 
−
|-
 
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| Vice-president
 
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| '''''Carries out the duties of the president in his or her absence. Keeps the corporate minute book up to date. Records minutes of meetings of the board and of members. Assists the President with internal communications.'''''
 
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|-
 
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| style="background-color:#dddddd;" |  '''''Project Coordinator'''''
 
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| style="background-color:#dddddd;" |  '''''Coordinates and facilitates the organization of projects and events, as needed, including food, resources (e.g. materials, tools, and personnel), guidance, and advertising.'''''
 
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|-
 
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| Treasurer
 
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| Prepares the annual budget for approval by the board. Prepares monthly financial reports and annual financial statements. Manages the membership database. Has signing authority on banking transactions (one of two cosigners).
 
−
|-
 
−
| style="background-color:#dddddd;" |  Operations Manager
 
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| style="background-color:#dddddd;" |  Manages the use, safety and security of the Hackerspace both physically and digitally.
 
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|}
 
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The officer must either perform the duty as stated above, or delegate the stated duty to another individual or organization. It is ultimately the responsibility of each officer to ensure that his duties are completed.
 
−
 
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Except for the President and the Vice-president, an officer may be appointed to more than one office. For example, the offices of '''Project Coordinator''' and Treasurer may be held by one person.</blockquote>
 
  
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===Result===
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<blockquote>
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'''Illegal activities''' — Any person, be they a member or a guest, known to have committed a criminal act as defined by the Criminal Code of Canada either at the Hackerspace or with any SkullSpace resources may be declared persona non grata by a board decision.
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The membership voted in favour of this amendment.
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<br />
 +
<br />
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'''Persona non grata''' — An individual declared persona non grata shall not:
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* Be permitted to apply for membership nor continue to be a member;
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* Be permitted to possess keys or other devices that would grant them access to the Hackerspace;
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* Be permitted to enter the Hackerspace;
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* Be permitted to possess any SkullSpace property;
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* Be welcome at any SkullSpace event;
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* Be welcome to interact with any of SkullSpace's electronic manifestations.
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</blockquote>
  
 
[[Category:Legal]]
 
[[Category:Legal]]
 
[[Category:Bylaws]]
 
[[Category:Bylaws]]
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[[Category:Pending bylaws]]
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[[Category:Bylaw amendments]]
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Members and guests are strictly forbidden from committing in the space, or using SkullSpace property or resources to commit acts that are illegal according to the Canada Criminal Cod.
 

Latest revision as of 21:29, 4 October 2017

  • Proposed: May 1, 2012
  • Voted on: May 29, 2012
  • Vote result: Passed

It has come to light that we need some truly official documentation in place to protect the organization and its members in the event that a criminal act is committed and prosecuted that involves SkullSpace property in some way. I propose that we add the following to the Membership in SkullSpace section of the bylaws. I feel that this is the bare minimum that we can enact and still have a defensible legal stance against prosecution (IANAL). The goal here is to have something we can point to if we ever need and say "No, we didn't enable that criminal act! It's against our bylaws and everything!".

I would like to point out the use of the word may in the Illegal activities section is designed to account for the varying severity, intention, and provability of the acts in question. Adding a must to the bylaws is rarely a good idea. Finally note that the activity in question must be covered by federal law to enact these provisions.

The wording of the proposed amendment is subject to review by a lawyer.

Proposed

Illegal activities — Any person, be they a member or a guest, known to have committed a criminal act as defined by the Criminal Code of Canada either at the Hackerspace or with any SkullSpace resources may be declared persona non grata by a board decision.

Persona non grata — An individual declared persona non grata shall not:

  • Be permitted to apply for membership nor continue to be a member;
  • Be permitted to possess keys or other devices that would grant them access to the Hackerspace;
  • Be permitted to enter the Hackerspace;
  • Be permitted to possess any SkullSpace property;
  • Be welcome at any SkullSpace event;
  • Be welcome to interact with any of SkullSpace's electronic manifestations.
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