Bylaw amendment 5

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  • 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.