The Constitution of Exilian

[Cuddly Khan]

Aaa yep. I understand now.

[Lucian]

Oh dear! This seems very complicated. Too many rules make the forum experience a bit less enjoyable.

Are signatures allowed or nah?

[comrade_general]

Yes of course, many people have signatures here. The constitution seems complex, but our basic rules aren't really that different from any other forum, so don't stress it.

[Clockwork]

The rules are basically: don't be a dick. The rest of it is specifically how not to be a dick.

[Jubal]

Also, the constitution here isn't "the rules" in that sense - that's the Terms of Service. The Constitution is our set of rules for how we run ourselves as a community, which don't impact much on day to day use, it's more about how we pick staff and what they're allowed to do and so on

[Glaurung]

Seventh Amendment added.

[Jubal]

I've been wondering whether we should keep the Magna Carta title bit at the top - we've had it for ages, but it doesn't make too much sense or indeed translate correctly into or from anything at all...

[Jubal]

Updated. If anyone can double check that I've got all the amendments in correctly that would be greatly appreciated. Version below copied for records as the pre-eighth amendment text.

Spoiler

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.

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 ) These include that no pornographic images may ever be posted, no hate speech against anyone may ever be posted, and no cracks, key hacks or similar for any computer games may ever be posted.

5. Non-Staff Ranks

a) Exilian has a clear ranks system, dealing with four distinct areas; Content, Citizens, Staff, and Moderation.
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 is the next rank up, as voted in by the current citizens. Citizens' names are in white. 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 is an elected administrator, with responsibility as the head of the administrative council.
b) The Sebastokrator is an elected administrator, with responsibility for managing the Hidden Plaza and upholding the rights of citizens.
c) Two Spatharioi are elected staff, with responsibility for moderation of the website forums.
d) Two Tribounoi are elected staff, with responsibility for hearing appeals and scrutiny of financial matters, as set out in sections 11 and 14 of this constitution.
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 be a week. A simple first-past-the-post win is needed for victory. 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).
g) Other than a permanent staff member becoming Basileus, no member of the site may hold multiple staff roles.

8. Permanent staff

a) The Megadux (root admin) 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, with a simple first-past-the-post win needed for victory. If there is only one applicant, the vote will be Yes/No.

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
- Abusing their right to post in the Hidden Plaza to advocate ridiculous stuff

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 in a tribunal.
b) The Tribounoi will decide on such appeals; where they disagree, the Sebastokrator will have the casting vote. If no Tribounoi are in office the decision is the sole responsibility of the Sebastokrator.
c) Members and citizens may require all available evidence to be handed over by staff; if they and the Tribounoi 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 Tribounoi.

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
- Abusing their right to post in the Hidden Plaza to advocate ridiculous stuff
- Abusing their power to discriminate against members on grounds of gender, sexuality or race
- Abusing their power to discriminate against members on grounds of private political or religious beliefs
- Abusing their power to attempt to take control of the site
- Abusing their power to restrict the freedoms of the citizens
- 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

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 Tribounoi 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.

[Glaurung]

I've checked it. I found one small thing: the "ridiculous stuff" clause was still there for staff. I have now removed it.

[Jubal]

Updated again as the ninth amendment now comes into force - any checks that I've implemented the amendment correctly would be gratefully recieved.

[Glaurung]

Updated again, following the tenth amendment.

15/09/21: another very minor update - to correct the date of the tenth amendment.