Author Topic: The Constitution of Exilian  (Read 10521 times)

Jubal

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The Constitution of Exilian
« on: October 27, 2008, 09:28:10 AM »
MAGNA CARTA EXILIANIS

Introduced on 27 October 2008
First amendment approved by a vote of the citizens, completed on 28 December 2009
Second amendment approved by a vote of the citizens, completed on 1 February 2011
Third amendment approved by a vote of the citizens, completed on 11 December 2011
Fourth amendment approved by a vote of the citizens, completed on 19 April 2012
Fifth amendment approved by a vote of the citizens, completed on 6 July 2013
Sixth amendment approved by a vote of the citizens, completed on 13 October 2014
Seventh amendment approved by a vote of the citizens, completed on 19 April 2015
Eighth amendment approved by a vote of the citizens, completed on 27 March 2016


1. Mission Statement

a) Exilian website and forum exists to;
- Promote a friendly atmosphere among all its citizens and members
- Promote the creation and releases of our own free, independent and community-made games and software.
- Help with and facilitate modifying games owned and used by its citizens and members
- Give help, advice and a place to talk about said games
- Help with and facilitate other projects and creations undertaken by its members
- Give its members and citizens a place to talk about things of their choosing.

2. Democratic Rights

a) Exilian is governed by democratic representation of its citizens. Some administrators will be elected and accountable to citizens and/or those who elected or promoted them, as will all other ranks of staff.
b) A section of the Exilian website is provided where members of citizen rank or above may propose changes to Exilian, its website and its activities, which then can be put to a vote of all the citizens. This is an inalienable right of all members of citizen rank and above. This website section is named the Hidden Plaza.
c) Unless covered by this constitution, all votes of citizens are fully binding on the Administrators and they may not, except under the provisions set down in the constitution, remove the right of the citizens to rule.
d) Citizenship is a privilege granted by those who already are citizens. The procedure for granting citizenship is decided by a vote of the citizens. Citizenship may be removed by a vote of citizens.

3. Business of the Hidden Plaza

a) At any time, without requiring prior consent from any staff member or administrator, any member of citizen rank or above may table a motion pertaining to any aspect of the site or its governance. That motion should be posted in a poll in the Hidden Plaza.
b) If there are several options on a subject to be considered, then a poll should be posted marked DECISION; before the topic title. Decision polls should last four days to one week. Decisions are not binding and are just considered a means of gauging opinion. After the Decision has been made, a second poll should be posted giving the most popular option as a motion.
c) Motions should be signified by marking MOTION; before the thread title. The options in the poll must be Aye, Nay, and Abstain, or to that effect. Motions are binding to all staff members, citizens and members. Motions last a week and are passed by simple majority vote. When motions are finished, the poll title should be edited to have after the end of the topic title either PASSED or FAILED, along with the vote count in brackets in the format (aye-nay-abstain) e.g. FAILED (1-5-0). The decision of the motion should be put into effect as soon as possible - this is the duty of the Sebastokrator, but any administrator may do it.
d) Motions changing the Terms of Service or the Constitution must be marked ToS change: or Constitution Change: as part of the topic title. The specific section should be posted before and after the proposed edits with removals in bold and red and additions in bold and green. Terms of Service or Constitutional amendments require a 75% majority to pass.
e) Any member may request that the Tribunal review a bill that is in progress or has passed, to ensure that it does not contradict or oppose the Terms of Service, Constitution, or older legislation. If any of these things are found to be the case, the tribunal should make a full report to the plaza detailing the problems and recommending amendments or other legislative action to solve them. Any legislation that is the subject of an unresolved tribunal report is nullified and inactive until resolution occurs.

4. Items not changeable by the Hidden Plaza

a ) Some items are not changeable either due to constraints of board software, lack of time, or legality.
b ) Legal restrictions will at the least include that Exilian must abide by the laws of any country in which Exilian buys regular and necessary services or holds assets such as its bank account.

5. Non-Staff Ranks

a) Exilian has a ranks system that defines the roles of different types of staff and members and their relationship with Exilian.
b) Member is the most basic rank. They may not view and have no right to vote in the Hidden Plaza. They may post on any non-citizen and/or non-staff forums.
c) Citizen (Voting Member) is the next rank up, as voted in by the current citizens. Citizens have the full rights to use the Hidden Plaza, as well as any other perks given to them. Citizens are the more active and useful members of the site.
d) The next non-staff rank up is Patrikios. These members have made a distinguished contribution, and are often former staff officers. They have no special powers, but are more respected members who should be considered more qualified to serve in staff positions. Patrikioi may be proposed by any citizen, with the vote requiring a simple majority and lasting a week.
e)The final and highest non-staff rank is that of Megas Domestikos. The ultimate mark of respect on the site, Megas Domestikoi must have served as a Spatharios or administrator for at least three months and have made an outstanding contribution to the site. They must be proposed and seconded by two other citizens, at least one of whom must be a Patrikios or staff member. They must win their vote to the rank, which lasts one week, by 75% or more.

6. Staff roles

a) Exilian's staff roles are of three types: elected, permanent and appointed. Staff roles described as administrators confer full rights to administer the website; these roles together comprise Exilian's administrative council. Non-administrator roles may confer lesser administration rights, as necessary for their duties.
b) Administrators have full control over the site for a reason; they are there to run it effectively.
c) Unless directed by a vote of the citizens, administrators have the right to act as they see fit to aid in the running of the site.
d) Administrators may unilaterally create or delete forums as they see fit.
e) Administrators may act to circumvent the usual procedures for granting citizenship if they feel this will help the site overall.

7. Elected staff and elections

a) The Basileus (Head of Staff) is an elected administrator, with responsibility as the head of the administrative council.
b) The Sebastokrator (Citizens' Officer) is an elected administrator, with responsibility for managing the Hidden Plaza and upholding the rights of citizens.
c) The Spatharioi (Senior Moderators) are elected staff, with responsibility for moderation of the website forums. The number of these may be set and changed by the citizens as needed, with a minimum of one.
d) The Tribounoi (Site Magistrates) are elected staff, with responsibility for hearing moderation cases and challenges to staff actions or legislation, and for scrutiny of financial matters. These powers are further set out in sections 3, 11, 12, and 14 of this constitution. The number of these may be set and changed by the citizens as needed, with a minimum of one. The collective body of Tribounoi is referred to as the Tribunal.
e) Elections will be held every New Year (between 25 December and 15 Jan, approximately), and every June (any time in that month. All elected roles are elected at these times of year.
f) When an election starts, all candidates have a week to declare their candidacy. The vote will last for a week, including all candidates and the option to re-open nominations. A simple first-past-the-post win is needed for victory.
g) Where multiple posts are up for election, voters gain a number of votes equal to the number of posts (so for 2 posts, they may vote for 2 candidates on the list).
h) Where there are the same number of candidates as posts up for election for a particular role, or fewer, after candidacies have been announced, then instead of the above procedure there shall be a one week ratification vote for each candidate.
i) Other than a permanent staff member becoming Basileus, no member of the site may hold multiple staff roles.

8. Permanent staff

a) The Megadux (executive officer) is a permanent administrator, with responsibility for upholding the constitution and managing the creation and promotion of Exilian's projects and services.
b) The Technikos (technical officer) is a permanent administrator, with responsibility for building and maintaining the site.
c) The Sakellarios (financial officer) is a permanent administrator, with responsibility for managing Exilian's money and other assets.
d) Heteriarches and Despotes are permanent administrators; each one has responsibility for administration and content of a major section of Exilian’s website and activities. The title of Heteriarch or Despot may be chosen by each holder on their gaining the role. Changing the number of these section administrators may only be done by a vote of the citizens.
e) When a permanent staff role becomes vacant, the citizens will be invited to apply to take up the post. If the administrative council see fit, applicants for the post may also be sought outside Exilian, subject to approval of this by the citizens. Applications for any permanent staff role will be open for at least a week.
f) Once applications for a permanent staff role have closed, the applicants will be submitted to a vote of the citizens. The vote will be open for a week, including all candidates and the option to re-open nominations. A simple first-past-the-post win is needed for victory. If there is only one applicant, the vote will be a ratification vote.

9. Appointed staff

a) Administrators may appoint Logothetes (minor staff roles), and remove them, as they see fit.
b) The Spatharioi may appoint Hekatontarchoi (junior moderators) for certain forum areas, and remove them, as they see fit.
c) In all cases, such staff appointments will be subject to approval by the citizens, before they take effect.

10. Terms of Citizenship

a) Citizens must abide by the rules given below or risk being voted out of the citizens. Any citizen may initiate a vote to remove a citizen at any time.
b) Misconduct for a citizen includes:
- Breaking the Terms of Service
- Improperly pressuring another citizen or staff member to use their citizen rights or staff powers in a certain way
- Conspiring or being party to any attempt to subvert the proper processes of voting or elections
- Bringing the citizen body or the site into disrepute

11. Rights of Members and Rights of Citizens

a) Any member or citizen who has been warned, banned from posting, or otherwise removed may have their appeal heard with all evidence open by the Tribunal.
b) If the Tribounoi cannot reach a majority verdict, the Sebastokrator will have the casting vote.
c) Members and citizens may require all available evidence to be handed over by staff; if they or the Tribunal believe that staff have failed to do this is a breach of the staff terms of office.
d) Sentences for members given on the spot by moderators may not exceed a week's posting ban or warning without the written agreement of administrators.
e) All citizens have the freedom of the site, and may not be prevented from posting without the written agreement of administrators.
f) Even where the agreement in clauses D and E is given, it may be overturned by the Tribunal.

12. Terms of Staff Office

a) Staff must abide by the rules given below or risk being voted out of their post. Any citizen may initiate a vote to remove a staff member at any time. A two-thirds majority is required to remove a permanent administrator; a simple majority is required to remove any other staff member.
b) Misconduct for a staff member includes:
- Breaking the Terms of Service
- Discriminating against members on grounds of gender, sexuality or race
- Discriminating against members on grounds of private political or religious beliefs
- Attempting to take control of the site
- Arbitrarily restricting the freedoms of the citizens
- Arbitrarily taking moderation actions against members where there is no reason to believe that said members have breached the Terms of Service
- Bringing the site, or the citizens, or their fellow staff into disrepute by their public or private actions
- Neglecting their post for a full month without leave
- Using their power for personal ends such as the influence of elections
- Failing repeatedly to do tasks allotted to them by the constitution
c) Staff misconduct may in some cases count additionally as citizen misconduct - where this is the case votes of no confidence may also request that the staff officer is removed from the citizen body.
d) Outside the procedures for removal of staff, individual staff actions may be challenged by requesting a review by the Tribunal. This may occur when actions are thought to either breach the misconduct terms in section b, or more broadly conflict with the constitution or any bill passed by the citizens. If a staff action is found to fall under these categories the Tribounoi have full powers to require that the action be reversed.

13. Provisions in emergencies

a) In emergencies, if all of the Administrators present publicly agree, then any of the following steps may be taken to ensure the safety of the site:
- The board being temporarily offline (for up to 48 hours)
- The rule of the citizens being temporarily suspended (for up to a week and no more)

14. Finance

a) The Sakellarios is responsible for presenting a statement of Exilian's finances (including income, expenditure and assets) to the citizens twice each year, shortly before the election times detailed above.
b) The Tribunal may request further details on any financial transactions relating to Exilian at any point to ensure full transparency.
c) Any money and other assets raised on behalf of Exilian will only be used for the purposes of this community, in accordance with the objectives in section 1 of this constitution. Any expenditure which is not essential for the maintenance of Exilian's website must be approved by the citizens, either by a direct vote or by authority delegated to the administrative council by a vote.
d) Exilian may hold one or more bank accounts, or accounts with money transfer services. Each account shall have at least two signatories or managers. All such signatories or managers must be staff members, and one will normally be the Sakellarios. Any one signatory or manager alone may validly administer any such account, and sign instructions, including cheques. The signatories or managers of any account must be of such age and nationality as are acceptable to the bank or service provider concerned.
« Last Edit: March 27, 2016, 07:18:20 PM by Glaurung »
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Andalus

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The Constitution of Exilian
« Reply #1 on: October 27, 2008, 11:19:07 AM »
Sounds good. And I certainly agree with those rules about abusing power...
Du bist kein Schmetterling! Du bist nur eine kleine Raupe in Verkleidung!

Jubal

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The Constitution of Exilian
« Reply #2 on: October 27, 2008, 11:35:35 AM »
Crap, I'm screwed now...
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Jubal

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The Constitution of Exilian
« Reply #3 on: November 05, 2008, 07:30:56 PM »
Passed!
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Private Clark

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The Constitution of Exilian
« Reply #4 on: November 06, 2008, 05:39:32 AM »
I was just about to vote yes as well :P

Jubal

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The Constitution of Exilian
« Reply #5 on: December 28, 2009, 03:30:11 PM »
Amendment added.
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Jubal

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The Constitution of Exilian
« Reply #6 on: February 01, 2011, 09:31:15 PM »
Second amendment added. For reference, here's the pre-amendment constitution:

Spoiler: click to toggle
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Jubal

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Re: The Constitution of Exilian
« Reply #7 on: December 07, 2011, 04:47:31 PM »
Third Amendment added.
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Jubal

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Re: The Constitution of Exilian
« Reply #8 on: April 19, 2012, 05:30:15 PM »
Fourth Amendment added.
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Jubal

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Re: The Constitution of Exilian
« Reply #9 on: July 06, 2013, 10:52:31 PM »
Fifth amendment added.
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Jubal

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Re: The Constitution of Exilian
« Reply #10 on: October 19, 2014, 11:20:39 PM »
Majorly updated as of the sixth amendment.
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Cuddly Khan

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Re: The Constitution of Exilian
« Reply #11 on: October 23, 2014, 07:20:36 AM »
Yay! Newness!
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Jubal

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Re: The Constitution of Exilian
« Reply #12 on: October 23, 2014, 01:40:57 PM »
Much newness :)

And lots of fixes of spelling and grammar issues that I didn't sort out when I was like 14 and writing this.  :P
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Cuddly Khan

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Re: The Constitution of Exilian
« Reply #13 on: November 12, 2014, 12:03:27 PM »
Maybe the constitution could do with some stuff on the Triumph points and the houses/families. Just a suggestion. Not sure if it would go there or what.
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Re: The Constitution of Exilian
« Reply #14 on: November 12, 2014, 12:37:16 PM »
Nah, that's all in "Active Legislation". The constitution just sets out the very basics of how the system works and needs to be kept (relatively) simple, all the extra stuff on top of that and clarifying bits is kept here:

http://www.exilian.co.uk/forum/index.php?board=130.0
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