Pirate Party UK

User:AndrewTindall/constitutional amendments

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Below is a list of draft constitutional amendments, which I hope to put before The Board for discussion and debate (not necessarily adoption of these particular amendments).

[edit] Amendment 1

An amendment to codify the naming conventions of the party.

This amendment brings the official welsh translation, and the other description of Pirate Party Scotland, as registered with the electoral commission, into the constitution. it also specifically defines PPUK as our primary initialism.

The Amendment reads as follows:

s1: Replace s1 with the words below:

  1. NAME
    1. The official name of the party shall be “Pirate Party UK”.
    2. The official Welsh translation is Plaid Mor-leidr DU.
    3. The Party may also use the name Pirate Party Scotland, therein.
    4. The Party name shall be abbreviated as PPUK.


[edit] Amendment 2

An amendment to seek to clarify the aims of the party, by changing the wording to better match the slightly broader reach of party policy than presently suggested in the constitution.

The amendment reads as follows:

s2: Replace s2 with the words as printed below:

  1. AIMS
    1. The principal aim of the Party is that the United Kingdom reforms its laws in a manner consistent with the opinions of The Party’s members.
    2. Such reforms are limited to the areas of:
      1. Copyright;
      2. Patents;
      3. Privacy;
      4. Freedom of expression;
      5. Any areas directly related to the above.


[edit] Amendment 3

An amendment seeking to codify the administrative structure of the party in a more defined manner.

This amendment represents a major overhaul of the formatting of the constitution.

The amendment focuses heavily on powers of The board and surrounding processes. It formalises the committee allowed for under s4(5) and brings responsibility for this to the board.

It also reduces the requirement for a Vote of No Confidence motion from 25% to 15% to better reflect the activity of members.

I have also attempted to integrate the ideas put forward in the draft proposal by glambert/azrael: http://piratepad.net/Ia6UpmHri3

Note: the removed part of s4(5) is essentially moved to the proposed s5(2)(3), and s8 becomes s5(1)(2).

The amendment reads as follows:

s4(5): Remove the words "If a member is suspected of behaving in such a fashion he/she will be asked to explain their actions to the NEC or a designated sub-committee to explain their actions. Their party membership may be suspended or removed by said committee. "

s8: Remove in its entirety.

s5: Replace s5 with the words printed below:

  1. PARTY ADMINISTRATION
    1. STRUCTURES
      1. THE NATIONAL EXECUTIVE COMMITTEE (NEC)
        1. COMPOSITION
          1. The NEC shall include the Elected Officers (Party Leader, Treasurer, Campaigns Manager, Data Controller and Nominating Officer); and
          2. Any members appointed (Appointed Officers) by the Elected Officers of the NEC in accordance with the constitution. Such members do not have a vote in regards to NEC decision making, but may express their views and may be taken into account accordingly.
        2. DUTIES
          1. ADMINISTRATION
            1. The NEC shall be responsible for the administration of the party; and
            2. All work as required by the Electoral Commission and law; and
            3. Activities related to the area for which they are elected; and
          1. MEETINGS
            1. The NEC shall hold meetings on a regular basis to discuss issues relating to their duties and The Party; and
            2. Such meetings shall be minuted and the minutes shall be made available to members within a reasonable time frame.
          2. OTHER RESPONSIBILITIES
            1. The NEC shall also be responsible for any obligations as prescribed throughout the constitution of The Party; and
            2. Any other executive responsibilities required for the effective and legal running of The Party.
        3. ELECTION
          1. Elections for each Elected Officer role must occur no less frequently than every 2 years and 1 month.
          2. Elections will consist of a minimum of a 2 week nomination period, followed by a minimum of 1 week voting of Party Members, via a voting system of the NEC's choosing.
          3. An election may be called by the NEC at any time, and in addition will be triggered by resignation of an officer; a successful Vote of No Confidence; or any other circumstance that prevents said officer performing their duties.
      2. THE BOARD
        1. COMPOSITION
          1. The Board will consist of up to 12 Governors (Board Members) elected by members of The Party.
          2. The Board shall not elect or otherwise appoint a permanent Chairman.
        2. DUTIES
          1. CONSTITUTIONAL AMENDMENTS
            1. The Board will be responsible for proposing constitutional amendments; and
            2. Presenting such amendments for ratification by a full vote of members at such times as they feel appropriate.
          1. ARBITRATION
            1. The Board shall also consider whether to grant an appeal against a decision by an Arbitration Committee; and
            2. Select Governors to serve on an Arbitration Committee.
          2. MEETINGS
            1. The Board shall hold meetings on a quarterly basis to discuss proposals, and issues relating to their duties and The Party; and
            2. Such meetings shall be minuted and the minutes shall be made available to members within a reasonable time frame.
            3. A Governor may call an unplanned meeting when he reasonably believes there is an need to resolve an issue before the next scheduled meeting.
              1. Such meetings shall only be binding when at least 7 Governors are in attendance.
          3. OTHER RESPONSIBILITIES
            1. The Board shall also have any other governance responsibilities required for the effective long-term administration of The Party, subject to the approval of the NEC.
        3. ELECTION
          1. Elections for The Board of Governors must be held no less frequently than every 5 years.
          2. Elections of The Board in its entirety shall be conducted via STV.
        4. DISSOLUTION
          1. The Board shall be immediately dissolved, and an election shall be held for The Board in its entirety within 28 days of dissolution if -
            1. The Board falls below 7 Governor; or
            2. The NEC unanimously votes for its dissolution; or
            3. A simple majority of Governors vote for its dissolution.
      3. REGIONAL ADMINISTRATION
        1. COMPOSITION
          1. Regional Administration shall consist of an elected Regional Administrative Officer (RAO) for each region; and
          2. Any delegates appointed by an RAO
        2. DUTIES
          1. RAOs shall be responsible for the effective operation of The Party at a regional level, including the organisation of meetings, local campaigns and fund raising, supporting candidates in their region, co-ordinating with the national campaigns team, etc.
          2. RAOs may appoint delegates as they deem necessary to attain such operation.
        3. ELECTION
          1. Voting for an RAO shall be restricted to members within the respective region.
      4. ARBITRATION COMMITTEE
        1. COMPOSITION
          1. The Arbitration Committee shall be an ad-hoc committee consisting of -
            1. At least 3 Governors; OR
            2. At least 3 Elected Officers of the NEC, when The Board itself, or Governors are the subject of disciplinary action, or where the committee is handling an appeal against a decision.
          2. The Committee shall only exist when required for the execution of its duties, and shall immediately dissolve upon the completion of such tasks.
        2. DUTIES
          1. The Committee shall be responsible for internal dispute resolution as prescribed in s5(2)(4); and
          2. Disciplinary Action as prescribed in s5(2)(5).
    2. SYSTEMS AND PROCEDURES
      1. ELECTIONS
        1. Elections will consist of a minimum of a 2 week nomination period, followed by an online vote of all eligible Party Members for a minimum of 1 week.
        2. Duration and voting method for elections must follow those specified in the appropriate sections of the constitution for that election.
        3. Any member in good standing who meets any specified requirements may stand as a candidate in an internal election.
          1. A member is held to be in good standing if they have not been held by committee to have acted contrary to s4(5).
          2. Members may also be excluded from candidacy if they are already holding a position within The Party and there is held by the NEC or Board to be a conflict of interest
      2. VOTES OF NO CONFIDENCE
        1. A Vote of No Confidence against any member holding a position outlined in s5(1) shall be triggered if 15% of Party Members or 50% of the Elected Officers of the NEC make their desire for a vote of no confidence known to the NEC.
        2. The NEC will then organise a vote of Party Members to retain or dismiss the member, which will conclude within at most 28 days, and the member will be dismissed if a simple majority of party members who take part in that vote, vote in favour of dismissal.
      3. RESIGNATION
        1. Any member holding a position outlined in s5(1) may resign from their position at any time for any reason.
        2. Any member who resigns must take reasonable steps to avoid major disruption to The Party as a result of their resignation.
      4. DISPUTE RESOLUTION
        1. Where a member of The Party has expressed an issue or complaint with regards to another member, or The Party, an Arbitration Committee shall investigate the dispute, and arbitrate between the involved parties and any others it considers relevant.
        2. Any decisions made shall be binding on members of The Party and shall be published accordingly.
      5. DISCIPLINARY ACTION
        1. Where a member of The Party is suspected of behaving contrary to s4(5), the member shall be asked to explain their actions to an Arbitration Committee to explain their actions.
        2. Said Committee may suspended or revoke the membership status of the member if it is held that the member has acted contrary to s4(5).
      6. APPEALS
        1. Any affected member may appeal against a decision made by an Arbitration Committee in the course of dispute resolution or disciplinary action.
          1. An appeal may be made no later than 30 days after the original decision.
        2. If an appeal is accepted by The Board, than an Arbitration Committee shall be formed to re-evaluate the original decision, and in doing so shall consider any arguments put forward by the appellant.
        3. The Committee shall then decide whether to uphold the original decision, or overrule it and state a new resolution, and the results shall be published accordingly.
          1. A decision must be reached within 30 days of the appeal being made.
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