Bylaws

Under-construction monkies.gif This document is a work in progress. Everything in this document is subject to change.


NOTE: This is not (yet) a legal document. This is a working draft and the final version will be voted upon.

[edit suggestions in brackets]

Preamble

[just in case we want one]

Name

The name of this organization is “The Fork Together Administrative Body” [name pending, obv]

The location of the organization

[this point may or may not be necessary to situate the organization within a particular legislation; legal input is appreciated][ I would reach out to Switter and see where they have organized their group -PF]

Purpose

The purpose of this organization is to administrate and facilitate the Fork Off Project, and to ensure that its work can continue under constructive, transparent, and democratic conditions. [discuss and edit this paragraph at length] [ Ideas for what it’s work will be:

  • Setting up the Code of Conduct (from here on, referred to as CoC).
  • Setting up the structure and rules for the board in the FOP.
  • Identify which branch we should fork from.
  • Setting up sub-groups (Accessibility, Development, Training, UI/UX). -PF]

Members

Members are those who participate in the project, either through coding, conversation or caring. These criteria for participation are to be understood in a charitable manner, so as to foster inclusion and confidence conducive to constructive contributions. Participants are eligible for voting member status if they have attended at least two meetings, or made substantial contributions to a working group. Non members who qualify may become a member by stating their intent to join

Members are assumed to agree to the spirit of these bylaws, the Code of Conduct, and any other Forktogether governance documents. Members who cause substantial harm to the project or community can have their membership revoked along with their access to member resources, by feat of a vote of the board. [possible bit about community mediation here maybe]

Non-members are welcome to attend meetings and participate in meeting discussions if they wish. They are also welcome to use and contribute to shared resources including, but not limited to, the code repo and the wiki. Non-member's participating in ForkTogether Organization projects or making use of shared resources are expected to abide by the bylaws, CoC, and other supplementary governing documents for the duration of their participation.

Time of Operation

The time of operation begins on January 1 and ends on December 31. [having the bylaws give a definition of what a year is is amusing, to be sure, but also potentially mandatory, depending on where the organization is situated]

The Board

The Board is responsible for executing decisions made during general assemblies, as well as handling the ongoing operations of the project.

The Board consists of a chairperson, a treasurer, a secretary, and between two to six board members. If needed, a deputy chairperson can be appointed by the board from among its numbers. A single individual can not have two roles at once.

Elections for the board is detailed under section 10.1: Elections

Economic audits

During election assemblies, one or two auditors are appointed. An Auditor cannot be on the board, or hold any other formal position of authority within the organization. Auditors do not have to be members of the organization. [here is room for discussion re whether auditors should be accredited or not]

Nomination committee

In order to locate and nominate potential candidates for the elections mentioned above, a nomination committee can be elected during general assembly. Every member of the organization is eligible, except board members.

See also: Nominating committee

General assemblies

The Board decides time and place of general assemblies. A general assembly must be announced, to all members at least two weeks beforehand. This announcement must include a specific list points to be discussed at the meeting. [here, there is room to include provisions for how often general assemblies can be called]

Following points must always be discussed during general assembly meetings:

  • Formal declaration that meeting has begun
  • Vote on whether the meeting was properly announced
  • Recording of members present (Roll Call)
  • The Board gives an account of what has happened since last assembly
  • An account of the economic state of the organization
  • Auditor’s statement
  • Ansvarsfrihet [Swedish legal term for discharging the board; accepting that no foul play transpired; may or may not be relevant in international contexts]
  • The Board gives an account of what it aims to accomplish until next assembly
  • New budget
  • Other points
  • Formal declaration that the meeting has concluded

Elections

Elections for the positions of board members and auditors are held yearly in a general assembly on the third Saturday in July. There must be an announcement reminding members of the date of the election meeting at least two weeks beforehand and this announcement must specify that elections will be taking place. [If we'd prefer twice a year elections for certain positions, the midterm would be the third Saturday in January, which is far enough after the winter solstice holidays that everyone should be free --Satsuma (talk) 02:34, 8 July 2018 (UTC) ]

Extraordinary general assemblies

If the Board, auditors or at least half of the members of the organization demand it, the Board must call for an extraordinary general assembly. Extraordinary general assemblies must be announced at least two weeks beforehand and take place within six weeks of the vote for an extraordinary general assembly. Only those points that are included in the announcement can be discussed during extraordinary general assemblies.

Recall assembly

If one third or more of the membership, excluding board members, call for a recall assembly one shall be assembled within two weeks time. During this assembly there will be discussion and a vote solely on recalling and replacing one or more members of the board.

Signatories

The chairperson and secretary are signatories for the organization. If circumstances make it necessary, the organization can appoint others as signatories.

Right to vote

Only those who are present at the general assemblies have the right to vote in general assemblies. During board meetings, only members of the boards have the right to vote. All members have the right to vote in votes taking place asynchronously. Voting Procedure is is defined in a supplemental governance document.

Unless specified in the bylaws, all votes are decided through simple majority and abstaining votes are not counted. [ In event of a tie? -PF]

Changing the bylaws

These bylaws can only be altered by a general assembly. In order to take effect, these changes have to be approved by a two thirds majority. Proposals to alter bylaws must be included in the announcement.

Changes to the organization as pertains to §1, §3 or §14 have to be ratified by two consecutive general assemblies.

Dissolution

Proposals to dissolve the organization can only be discussed during ordinary general assemblies. Proposals to dissolve the organization must be clearly specified on the summons. Upon being dissolved, all debts are to be paid. Remaining funds are to be donated to a charity in good standing. [ The board members must not have an active administrative position within said charity - to prevent potential claims of embezzlement. -PF]