By-Laws

Archived discussion for bylaws changes

Moderator: Mekoot Gorlock

By-Laws

Postby Mekoot Gorlock » Mon Apr 21, 2008 12:03 pm

Here are the current by-laws to my knowledge (including this vote from last voting period). Please read them and make posts about what you think needs clarified as well as suggestions for the clarifications. Feel free to start a new thread concerning individual changes.

* 2.1. To stimulate greater public interest in and public understanding of the techniques and goals of the BMCS.
* 2.2. To disseminate educational information to the public about the purpose and creative ideas behind the organization.
* 2.3. To emulate battles and ideas set forth by the Realms and members of BMCS.


Article 3: Recognition

* 3.1. The BMCS shall adhere to all state, local and federal regulations under the laws set forth by the government of said state, county, and federal government.


Article 4: Membership

* 4.1. Membership in BMCS shall be open to all individuals and institutions that support the objectives of the BMCS and the Code of Ethical Guidelines established in the Bylaws of the organization, and/or the Realm in which the individual lives.
* 4.2. Only a Member shall have the privilege and responsibility of holding office, of nominating and electing the Officers of the organization, and of being a representative at War Council. Members of each realm determine the representatives from their realm for the War Council.
* 4.3. Members in the BMCS shall affirm and adhere to the Code of Ethical Guidelines established in the Bylaws of the organization set forth by the War Council.
* 4.3.1. A Member whose acts are contrary to the objectives of the BMCS or the Code of Ethical Guidelines established in the Bylaws of the BMCS may be expelled or excluded from Membership by a three-quarters (3/4) vote of the War Council.
* 4.3.2. This may take place only after the Member has been given 15 days prior notice of the pending action together with the reasons and has been given the opportunity to be heard, orally or in writing, by the War Council at least five days before the effective date of expulsion.


Article 5: Dues

* 5.1. The BMCS will not charge any dues to any member. That recourse is left to the separate realms in the BMCS to determine if they so choose. The BMCS may however charge a fee for any national event in order to establish a fund to run the said event or the said event next year.

[edit]
Article 6: Officers and Their Duties

* 6.1. The Officers of the BMCS shall be:


6.1.1. President

*
o 6.1.1.1. Will work with the WC to insure that all BMCS rules are observed at all national events.
o 6.1.1.2. Will select Marshals for said events if the hosting realm has not already done so or in case of problems. In this case, the President has the final veto right on national Marshals.
o 6.1.1.3. Shall oversee the progress of all Officers and issue any web site changes to the Webmaster should any need to be made.
o 6.1.1.4. Will ‘Chair” and oversee the running and rulings of the War Council. He/she is responsible for calling a vote once the WC’s discussion is complete and will tally the votes. The President may also call for a speaking limit on the representatives of the War Council.
o 6.1.1.5. Will be responsible for the voting on the UBB and must be able to tally votes accordingly.
o 6.1.1.6. Will be a contact person for new realms.
o 6.1.1.7. Will insure that Belegarth’s non-profit corporation status is maintained.
o 6.1.1.8. Will perform all other duties usually associated with this office.


6.1.2. Vice President

*
o 6.1.2.1. Will fulfill any obligation that the President is unable to accomplish or any task that the President delegates.
o 6.1.2.2. The office will be able to assume control of all Presidential powers & responsibilities at a national event should the President not be able to attend.
o 6.1.2.3. Will work with BMCS Realms and National BMCS Events concerning BMCS Rules.


6.1.3. Treasurer

*
o 6.1.3.1. Accurately records all financial records for the National BMCS.
o 6.1.3.2. Collect all receipts from the National BMCS.
o 6.1.3.3. File any appropriate tax information as needed.
o 6.1.3.4. Prepare a quarterly Belegarth financial report for public release.
o 6.1.3.5. Prepare & publish an annual financial report for the public release.
o 6.1.3.6. Establish and maintain a corporate checking account (Need the articles of incorporation for this)
o 6.1.3.7. Review and remit payment for debts accrued by the BMCS.


6.1.4. Secretary

*
o 6.1.4.1. Will be responsible for keeping the minutes of the WC meetings and all paperwork that needs to be filed for the BMCS. (If not in attendance, the WC may elect another to fulfill this obligation for the meeting)
o 6.1.4.2. Will be responsible for filing of needed paperwork as well as post the War Council minutes to the BMCS UBB.
* 6.1.4.3. Will be responsible for insuring the corporate paperwork is filed on a timely basis. The secretary may delegate this task as needed.


6.1.5. Webmaster

*
o 6.1.5.1. Will be in charge of the national web page, making any and all changes to the page that the President has mandated.
o 6.1.5.2. Report to the President so that the President may report to the WC any and all issues dealing with the page in question.


6.2. War Council Representatives

*
o 6.2.1. Each Realm shall determine their Representatives of the War Council.
o 6.2.2. The WC shall consist of two delegates from each Realm. However only one may vote on any issue. Each Realm has only one vote. Realm War Council representatives must have the means to access the internet at least one per week.
o 6.2.3. The WC shall determine the rules, and safety procedures that BMCS is in need of.
o 6.2.4. The WC shall elect the National Officers.
o 6.2.5. The WC shall determine the BMCS Bylaws.
o 6.2.6. If the Secretary is not present, WC will elect someone to take accurate notes from the WC Meeting.


Article 7: Removal of an individual from a National Office

* 7.1. A person may hold a national-level position of the BMCS (excluding realm leaders) only as long as the individual can maintain the job.
* 7.1.1. If the War Council feels that a person is not doing the job according to the criteria set by the War Council, then said person might be removed from office by having a vote of no confidence issued by the WC.
* 7.1.2. The vote will carry only a simple majority of the WC quorum voting yes to the removal of the person.
* 7.2. The BMCS War Council will do its best to support and represent the Members and Officers of BMCS.


Article 8: Meetings

* 8.1. The War Council shall hold a Meeting no less than once a year.
* 8.2 Emergency Meetings may be held as needed and/or online as needed.
* 8.3. Robert's Rules of Order (revised) shall govern the proceedings of meetings of the War Council insofar as such rules are not inconsistent or in conflict with the Bylaws, with the Articles of Incorporation, or with provisions of the law.

[edit]
Article 9: Referendum or Vote

* 9.1. Referendum vote may be held through the UBB at any time upon the initiation of the War Council or President. A Referendum petition must request and receive permission from said War Council.


Article 10: Online Voting Rules

* 10.1. The following rules are ONLY to be used for online meetings of War Council. These guidelines do not apply anywhere other than online in the War Council forums. All voting must take place in the War Council forum; no votes by phone or word-of-mouth will be allowed.
* 10.2. Contact List: It will be the Secretary's responsibility to create and maintain an updated list of contact information for realm leaders of voting realms and/or their appointed designees. Phone information should also be obtained, in case it is necessary. An email mailing list may be made for this purpose.
* 10.3. Motions: Only voting realms may put forward or second a motion.
* 10.4. Seconds: Once a motion is made, it must be seconded within 7 days. If a motion is not seconded within 7 days, a new motion will need to be made.
* 10.5. Call to Vote: After a vote is seconded, a discussion thread is created in the private war council forum and a vote date set for 7 days after the motion was seconded. The Secretary must notify the realm leader or appointed designee of every voting realm via email that a vote has been called. The original proposer of the motion may withdraw their motion at any time prior to the vote.
* 10.6. It is assumed that all realms are in attendance during any online War Council business.
*10.7. Additions: As with normal War Council proceedings, votes on new rules in the Bylaws or Book of War, adding voting realms, and election of officers require a 2/3rds majority. Speaking Realms need only a simple majority vote.
* 10.8. Changes: As with normal War Council proceedings, changes to the Book of War or to the Bylaws, removal of voting realms, and votes of no-confidence for the corporate officers require a 2/3 majority.
* 10.9. Voting Period: After a vote begins, the vote will remain open for 21 days, unless extended. 10.9.1. A realm may change its vote at any time during this period.
* 10.9.2. Votes or changes on the 22nd day or afterwards are discarded.
* 10.10. Attending Realms: A voting realm that participates must vote Yes, No, or Abstain. An abstention but will neither count for nor against the motion.
* 10.11. Non-voting Realms: A realm that does not respond at all within the voting period is still considered to be in attendance.
* 10.12. Close of Voting: At the end of the designated voting period, the President (or another Corporate Officer if the President has delegated this duty) will count the vote tally and declare the outcome.
* 10.13. Extensions: Any voting realm may request an extension on a vote on or before the 21st day of voting. They must provide a viable reason for this request.
* 10.13.1. It must be seconded on or before the 21st day of voting to take effect.
* 10.13.2. If the motion is made and seconded, voting will continue for 7 days past the end of the original voting period, making the voting period a total of 28 days.
* 10.13.3. A vote may only be extended once.
* 10.14. Emergency Votes: If a vote has been called on a motion and a quorum has not been reached by the close of voting, an emergency vote may be called at the President's discretion (or Vice President's if and only if the issue is a Vote of No Confidence on the President) within 7 days, so long as it meets the requisite criteria. The President may only call emergency votes for the following reasons:
* 10.14.1. Election of Corporate officers
* 10.14.2. Votes of No Confidence on Corporate Officers.
* 10.14.3. Votes required due to pending litigation
* 10.14.4 Changes required to resolve a persistent deadlock situation which has lasted over at least 6 months and 3 votes where no quorum has been reached on any vote, other than previously called emergency votes. This may include votes for the addition of new voting realms or temporary removal of negligent realms from the War Council, but under no circumstances may an emergency vote be called for dissolution of the War Council.
* 10.15. In the event an emergency vote has been called, all realms will be contacted by the Secretary immediately and approximately 2 weeks into the voting period if they have not yet responded. 10.15.1. If necessary, alternate methods of contact such as telephone calls will be used. The emergency voting period will last for exactly 28 days.
* 10.15.2. So long as these procedures have been followed, all realms will be considered in attendance for the Emergency Vote.
* 10.15.3. Non-responding realms will be considered as abstaining.
* 10.16. Proxy votes will not be allowed. War Council votes must be submitted by the designated realm representatives.
* 10.17. Parliamentary Authority. The Roberts Rules of Order, latest revision, shall be the governing authority in any matter not specifically covered by these by-laws.


Article 11: Finances

* 11.1.Each Realm is responsible for its own finances and is must adhere to the appropriate state and federal laws.
* 11.2. In case of dissolution of the corporation, the assets will pay off all indebtedness and all creditors. Any remaining monies shall be given to a non-profit organization(s) in Illinois, the state of incorporation. And no part of the net income or assets of this organization shall inure to the benefit of any private persons. Upon the dissolution or winding up of the corporation its assets remaining after payment, or provision for payment, of all debts and liabilities of this corporation, shall be distributed to a nonprofit fund, foundation, or corporation which is organized and operated exclusively for charitable and educational purposes meeting the requirements for exemption provided by Section 214 of the Revenue and Taxation Code and which has established its tax exempt status under Section 501 (c) (3) of the Internal Revenue Code.


Article 12: Amendments

* 12.1. Any that may arise can be reported to the realm heads and then the War Council may take action. Any individual that wishes to be heard may meet with the President and ask to be heard at the council on any topic he/she wishes.


Article 13: Code of Ethical Guidelines

* 13.1. The following guidelines shall be adhered to by the BMCS to advise the most ethical course of action in the various matters which may arise.
* 13.2. Ethical Responsibility to the Public
o 13.2.1. BMCS members shall:
o 13.2.1.1. Recognize a primary commitment to present the public with any information that will promote the BMCS.
o 13.2.1.2 Actively support the BMCS by any means available under law.
o 13.2.1.3 Encourage the members of the BMCS to uphold the involvement of educational awareness of local realms and the disposition of materials for the growth of the BMCS.
o 13.2.1.4. Realm leaders are responsible for contacting local park services to insure all aspects of local law and codes are being maintained by their respective realms.
o 13.2.1.5. Encourage careful compliance with procedures specified in state and federal law regarding the use of lands or facilities for the purpose of the BMCS populace.
* 13.3. A BMCS member shall not:
o 13.3.1 Advocate destruction of any site or cause damage to any area in which the BMCS is using.
o 13.3.2. Allow his or her name to be used in the support of illegal or unethical activity in which any BMCS event is taking place.
o 13.3.3. Knowingly misrepresent oneself as "qualified" in matters for which there is a reasonable doubt of qualification such as weapons checker, marshal, medical personnel, or any other office at the Realm or National levels.
o 13.3.4. Violate any local or federal laws while at a BMCS event.

[edit]
Article 14: Policy of non-discrimination

* 14.1. Belegarth shall be non-profit and nonsectarian. There shall be no discrimination in membership, employment or services due to race, color, sex, age, lifestyle, religion, national origin, sexual orientation, or physical disability.

[edit]
Article 15: Realms

* 15.1. What is a Realm: A community or territory that has an active status in the BMCS.
* 15.2. An active realm in BMCS:
o 15.2.1. Must have and maintain at least ten (10) active members for a one-year period. An active member is defined as a person who participates in realm activities and represents the realm during inter-realm events.
o 15.2.2. Must register with the BMCS. Either contacting an Officer of BMCS, and/or the BMCS UBB.
o 15.2.3. Must use the rules for combat based on those contained within the Book of War of the BMCS. A realm may develop realm-specific rules. However, the national rules will be used during any inter-realm event.
o 15.2.4. Must not be within 20 miles of another BMCS realm. Alternatively, if within 20 miles of another BMCS realm then must have at least ten (10) active members separate from the other realm.
o 15.2.5. A realm must have a regularly scheduled practice at least once per month.
o 15.2.6. A realm must have a written constitution and/or bylaws. These will be submitted to the War Council for review prior to being granted voting status.
* 15.3. Becoming a Voting Realm.
o 15.3.1 Meet all the criteria from section B of section 15.2.
o 15.3.2. An Officer of BMCS, and/or voting member of the BMCSWC must sponsor a new realm before they are granted a seat on the BMCSWC.
* 15.4. Duties and responsibilities of a sponsor realm.
o 15.4.1. Designate points of contacts for both the sponsor and sponsored realms.
o 15.4.2. Exchange contact information including names, addresses, phone numbers, and email.
o 15.4.3. Make an attempt to visit the sponsored realm practice or event at least once every six months.
o 15.4.4. Bring the sponsored realm up for speaking rights at the Belegarth War Council.
o 15.4.5. Once this is done, the sponsorship needs to be addressed by the BMCSWC and a vote taken. It will be a 2/3rds majority vote. Once passed, the new realm will have its voting rights.
* 15.5. Removal of a Realm:
o 15.5.1. If for some reason a realm does not fulfill the requirements of section 15.2 the BMCSWC may remove that realm’s voting status until such requirements are met. A 2/3 majority of all voting realms is required.
o 15.5.2. If a Realm knowingly violates local or federal law, the realm may lose voting rights by order of the BMCSWC.
o 15.5.3. If a realm is dissolved, or states its wish to no longer be associated with the BMCS, the BMCSWC may revoke its voting rights.
o 15.5.4. A realm may voluntarily choose to reduce its status from voting to speaking rights. To regain its voting rights, it must follow the procedures in sections 15.2 and 15.3 of this article.
o 15.5.5. To remove a realm from its right to vote is a voluntary action by the BMCSWC and therefore is not mandated.
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Postby Mekoot Rowan » Mon Apr 21, 2008 1:25 pm

I'm not sure whether or not this is a mistake, but the section on membership contains the following
* 4.2. Only a Member shall have the privilege and responsibility of ... of nominating and electing the Officers of the organization


To my knowledge (and in practice) this is not true. War Council Reps both nominate and elect officers by proxy for their realm constituents. However, this would mean a change to the bylaws rather than a simple edit.

Next 5.1 has a sentence reading
The BMCS may however charge a fee for any national event in order to establish a fund to run the said event or the said event next year.


Edit: The BMCS may, however, charge a fee for any national event in order to establish a fund to run that event, or the same event in a following year.

I feel this clarifies the intent of this by-law, though it is still a bit fuzzy and may need an overhaul by itself. To my knowledge, money from Armageddon currently funds this board, which would appear to be a violation of this particular by-law.


I would propose eliminating 6.1.4.2 which says that the Secretary will post War Council minutes to the UBB. Since there are not longer official meetings of the War council in person at any national event there is no need for this by-law.

6.2.2 add a comma after "However" in the second sentence.

As mentioned before, I am unaware of any "official" meeting of the War Council. If I am wrong about this please disregard all references to it. However, if this is the case then 8.1 is also outdated.

12.1. Any that may arise can be reported to the realm heads and then the War Council may take action. Any individual that wishes to be heard may meet with the President and ask to be heard at the council on any topic he/she wishes.


Edit: Any issue relevant to these by-laws may be reported by any member to the War Council through a War Council representative.

There are three problems I see with this. First that this doesn't spell out what is to be amended. Are we talking about by-law amendments, BoW amendments or what? The edit shown above assumes that this section pertains specifically to the bylaws. Second is that the wording "realm heads" isn't really defined anywhere. I believe it is meant to be "War Council Representatives" who would actually be able to propose an amendment. I am aware that realm heads often are the war council reps, but that is not always the case. Third, the entire second sentence is again outdated by the move of War Council from a physical setting to an online forum. Currently, any forum member can address the WC by posting the War Council Disscussion forum without the approval of the president.

o 13.3.2. Allow his or her name to be used in the support of illegal or unethical activity in which any BMCS event is taking place


I find the wording here to be so confusing that I really can't tell what the intent is. If someone could please take a look at this or inform me what it means? The way it is written it seems to imply that BMCS would already be part to said illegal or unethical activity and that members should not let that activity use their name and... nope I have no idea what this is trying to say.

o 15.3.1 Meet all the criteria from section B of section 15.2.


Edit: 15.3.1 Meet all criteria laid out in section 15.2

There is no "section B." All criteria are merely laid out as subordinates of 15.2


That's all I have for my first read through. I would like to propose that someone volunteer to keep track of edits in a seperate document which can then be submitted for War Council approval.
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Postby Elebrim » Mon Apr 21, 2008 2:08 pm

Copied from "A More Constructive Thread."




Original Bylaws:

Article 7: Removal of an individual from a National Office

7.1. A person may hold a national-level position of the BMCS (excluding realm leaders) only as long as the individual can maintain the job.

7.1.1. If the War Council feels that a person is not doing the job according to the criteria set by the War Council, then said person might be removed from office by having a vote of no confidence issued by the WC.

7.1.2. The vote will carry only a simple majority of the WC quorum voting yes to the removal of the person.

7.2. The BMCS War Council will do its best to support and represent the Members and Officers of BMCS.



Proposed Changes:

Article 7: Installation and Removal of an individual from a National Office

7.1. A person may hold a national-level position of the BMCS (excluding realm leaders) only as long as the individual can maintain the position.

7.1.1. Installation of New Officers

7.1.1.1. A person may be nominated for a National Office with a nomination and second from any two Voting Realms.

7.1.1.2. In the event that only one individual is successfully nominated, the motion shall adhere to the standard 7-day discussion period to allow for other nominations. If no other nominations or objections are raised during that time, the motion is considered passed with no vote necessary.

7.1.1.3. In the event that more than one individual is nominated for a National Office, all seconded candidates shall be considered during the same vote. A simple majority of half of the responding realms shall be considered a successful election. If a nominee withdraws his or her candidacy, votes cast in said candidates favor are considered as abstentions until those realms change their vote.

7.1.1.4. In the event that a plurality of candidates causes no single candidate to receive half of the responding realms’ votes by the end of the voting period, a secondary election shall be called in the manner of an emergency vote. Only the two candidates from the original election with the greatest number of votes shall be considered in this secondary election.

7.1.2. Removal of Officers

7.1.2.1. If the War Council feels that a person is not doing the job according to the criteria set by the War Council, said person might be removed from office by means of a Vote of No Confidence motioned and seconded by members of the War Council.

7.1.2.2. The vote will carry by a simple majority of the WC quorum voting yes to the removal of the person.

7.2. The BMCS War Council will do its best to support and represent the Members and Officers of BMCS.



Also, to address questions of fluidity in the bylaws and issues of quorum, I present the following alterations to Article 10, emphasizing the importance of Bylaw 10.5. I italicized the key passage below in the quotation.

Belegarth Bylaw 10.5 wrote:10.5. Call to Vote: After a vote is seconded, a discussion thread is created in the private war council forum and a vote date set for 7 days after the motion was seconded. The Secretary must notify the realm leader or appointed designee of every voting realm via email that a vote has been called. The original proposer of the motion may withdraw their motion at any time prior to the vote.


(Edited based on upcoming approval of simple majority vote for Speaking Realms - 4/2/08 )


Original Bylaws:

10.6. It is assumed that all realms are in attendance during any online War Council business.

10.7. Additions: As with normal War Council proceedings, votes on new rules in the Bylaws or Book of War, adding new speaking or voting realms, and election of officers require a 2/3rds majority.

10.8. Changes: As with normal War Council proceedings, changes to the Book of War or to the Bylaws, removal of voting realms, and votes of no-confidence for the corporate officers require a 2/3 majority.

10.11. Non-voting Realms: A realm that does not respond at all within the voting period is still considered to be in attendance.



Proposed Changes:

10.6. So long as rule 10.5 is adhered to, it is assumed that all realms are in attendance during any online War Council business. If rule 10.5 is for any reason not adhered to, a quorum of 2/3 of all Voting Realms must respond during the voting period in order for the motion to pass.

10.7. Additions: As with normal War Council proceedings, votes on new rules in the Bylaws or Book of War, and adding new voting realms require a 2/3rds majority. New speaking realms need only a simple majority vote. The election of corporate officers is outlined in Article 7 above.

10.8. Changes: As with normal War Council proceedings, changes to the Book of War, changes to the Bylaws, and removal of voting realms require a 2/3 majority. Votes of No-Confidence for corporate officers are outlined in Article 7 above.

10.11. Non-voting Realms: A realm that does not respond at all within the voting period is still considered to be in attendance so long as rule 10.5 has been adhered to. Their vote shall be counted as an abstention.
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Postby Sir Par » Mon Apr 21, 2008 4:07 pm

I like all of Elebrim's and Rowan's changes so far. I will give them a run through here within the week after I finish some of my papers.
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Postby Mekoot Rowan » Tue Apr 22, 2008 9:07 am

Can someone tell me what 13.3.2 is supposed to mean?
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Postby Angmarth » Tue Apr 22, 2008 9:55 am

I do not like the wording for Article 14.1.

Article 14: Policy of non-discrimination

* 14.1. Belegarth shall be non-profit and nonsectarian. There shall be no discrimination in membership, employment or services due to race, color, sex, age, lifestyle, religion, national origin, sexual orientation, or physical disability.


I do not think it would be safe for some disabilities to be on our field. I am not just talking about the safety of the person involved, but the safety of the entire group. Some disabilities are temporary (pregnancey, broken limb, etc.) Before you all jump on the bandwagon and start flaming, yes pregnancy would be considered a disability if it keeps you from doing an activity you aspire to do. You can not tell me in good conscience that it would be safe for someone ....

1) who is legally blind
2) who is in a wheelchair
3) has a broken limb
4) has cerebral palsy
5) who is pregnant

etc.

This is a legitimate concern of mine. I know that the marshal has ultimate power on what they deem to be safe/unsafe, but I really just don't like the wording here. Is this necessary for legal reasons, or did it just sound good?
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Postby Derian » Tue Apr 22, 2008 10:10 am

I agree with Angmarth. I think it should be reworded into some fashion that would say that we don't discriminate based on those factors as long as it does not jeopardize the safety of other participants on the field.

There's no reason people with any of the conditions Angmarth listed cannot be part of the sport in every other fashion.
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Postby Mekoot Gorlock » Tue Apr 22, 2008 10:39 am

Rowan-I think it means that a member will not support anything illegal or unethical that is happening at an event. I think that is what it is talking about. It needs reworded.
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Postby Mekoot Rowan » Tue Apr 22, 2008 11:33 am

I'm fairly sure there is at least one blind archer in belegarth. I haven't met him, but I've heard stories. Apparently he has a spotter who tells him where to shoot and he gets more kills than is easily believed.

That having been said, if you're concerned about safety I offer the following:

Edit: 14.1.1 Belegarth shall be non-profit and nonsectarian. There shall be no discrimination in membership, employment or services due to race, color, sex, age, lifestyle, religion, national origin, sexual orientation.
14.1.2 BMCS shall also not discriminate on basis of physical disability, providing that disability does not physically endanger the participant in question or other participants on the field. This determination is left to marshals on the scene in the case of national events or the discretion of realm authorities at local gatherings. This ruling shall apply only to combat and not to any other aspect of BMCS.


or

Edit: 14.1.1 BMCS shall be non-profit and nonsectarian. There shall be no discrimination in membership, employment or services due to race, color, sex, age, lifestyle, religion, national origin, sexual orientation or physical disability.
14.1.2 BMCS retains the right to refuse participation in simulated combat to members with medical conditions that would pose a safety risk to themselves or other members. (Insert something about who makes this ruling here). This ruling shall apply only to simulated combat and will bar any person from any other aspect of participation


That's my shot at it, but I'm not sure how that will hold up against the Americans with Disabilities Act.

Also, I would support adding the word "species" to the list of non-discrimination. If you can teach your dog to hold a weapon and take combat hits then there is no reason he/she shouldn't be able to play.

Taking a stab at 13.3.2:

Edit: 13.3.2 No member shall actively or passively be involved in or support any illegal or unethical activity taking place at a National BMCS event

I think this is a much better wording that what was pased before. By previous wording it would seem that if someone selling crack at an event name-dropped by using a well known moniker (i.e. Sir Kegg) then it would be the name holder's fault that said crack-dealer did so even though it may be well known that the person would never have anything to do with drugs.

If this rewording is acceptable then I think it would also eliminate the need for 13.3.4.
Last edited by Mekoot Rowan on Tue Apr 22, 2008 3:22 pm, edited 1 time in total.
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Postby Angmarth » Tue Apr 22, 2008 2:04 pm

I like both of those wordings much better.
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Postby Mekoot Rowan » Tue Apr 22, 2008 3:23 pm

I like the second one myself, but we need to figure out who would make the safe or not safe judgement call.
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Postby Old Horse » Wed Apr 23, 2008 9:37 am

Greetings everyone,

My good wife has made some proof-reading and has a few suggestions. I'll pass the keyboard to her so she can explain better:

Hello everyone,

You will find clarifications and explanations in brackets like these.[xx]


[you may consider making a "glossary of terms" type list at the beginning of the Bylaws under the heading "definitions". You do use a lot of acronyms that are familiar to your longstanding membership, but could be confusing to novices, and could be misinterpreted in the event of litigation.]

Sections:

3.1. Add: Country, Province, Township and or any other pertinent government entity. [Since you have international membership, and may have some more countries joining up in the future, you should begin broadening the geographical scope of the Bylaws.]

4.3.1. Requirements for quorum need to be defined more specifically. ["in toto" or specific percentage of attendance, or the specific percentage necessary to establish quorum]

6.1.3.1. [Should read] record, not records.

6.2.2. The word once appears to have been omitted before the phrase per week.

6.2.3. In need of should be changed to requires

Article 7 should include Installation procedures.

7.1. [Consider rewriting, suggested new text follows:]
A person may hold a national level position in BCMS (excluding Realm Leaders) only as long as the individual is able to properly perform the duties required for the fulfillment of said position.

7.1.2. [Consider rewriting, suggested text follows:]
A simple majority of the WC quorum voting "yes" (affirmative) will render the removal vote as approved.

10.10. [Consider rewriting, suggested new text follows:]
An abstention will not count as a vote in support (for) or refusal (against) the motion in question.

13.3.2. [Consider rewriting, suggested text follows:]
Allow his or her name to be used in the support of illegal or unethical activities during or in relation to any event, associated with BCMS. [You may wish to extend the scope to enterprises, forums of expression etc.]

14.1. Mental disability has been omitted. [may leave you vulnerable to lawsuits under the "Americans with Disabilities Act" (ADD)]

That is all for now.
Hope it helps.

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Postby savetuba » Wed Apr 23, 2008 6:40 pm

Rowan wrote:Edit: 13.3.2 No member shall actively or passively be involved in or support any illegal or unethical activity taking place at a National BMCS event


13.3.2 No member shall actively or passively be involved in/or support any illegal and/or unethical activity taking place at a National BMCS event or location that BMCS utilizes.

Define: BMCS UBB in the following:

15.2. An active realm in BMCS:

* 15.2.1. Must have and maintain at least ten (10) active members for an one-year period. An active member is defined as a person who participates in realm activities and represents the realm during inter-realm events.
* 15.2.2. Must register with the BMCS. Either contacting an Officer of BMCS, and/or the BMCS UBB.
* 15.2.3. Must use the rules for combat based on those contained within the Book of War of the BMCS. A realm may develop realm-specific rules. However, the national rules will be used during any inter-realm event.
* 15.2.4. Must not be within 20 miles of another BMCS realm. Alternatively, if within 20 miles of another BMCS realm then must have at least ten (10) active members separate from the other realm.
* 15.2.5. A realm must have a regularly scheduled practice at least once per month and place information on the BMCS UBB.

15.3. Becoming a Voting Realm.

* 15.3.1 Meet all the criteria from section 15.2.
* 15.3.2 An Officer of BMCS, and/or voting member of the BMCSWC must sponsor the realm.
* 15.3.3 Speaking rights are granted before Voting rights.
* 15.3.4 An additional one-year period must pass before a Speaking Realm may be sponsored for voting rights.
* 15.3.5 A realm must have a written constitution and/or bylaws. These will be submitted to the War Council for review prior to being granted voting rights.

6.1.5. Webmaster

* 6.1.5.1. Will be in charge of the national web page, making any and all changes to the page that the President has mandated.
* 6.1.5.2. Will be in charge of the national UBB. Moderating, making any and all changes and updating the UBB as necessary.
* 6.1.5.3. Report to the President so that the President may report to the WC any and all issues dealing with the page in question.
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Postby Derian » Wed Apr 23, 2008 7:37 pm

As long as we're working on sections containing "UBB", I need to raise issue with the term.

UBB is a specific type of forum software that we no longer use. All instances of "UBB" should be changed to "online message boards" or something of the like.
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Postby Elebrim » Wed Apr 23, 2008 8:41 pm

On the issue of discriminatory clauses, this is an example that I wrote into the constitution of the campus realm I have been building over the past year. (Emory Medieval Combat Society is the technical name, E.M.C.S. for short.) The enforcement or application of this rule is left unspecified; in other portions of the constitution, I clearly defined the role of the herald as the ultimate authority on and adjudicator of rules and safety on the battlefield.


Article V: Non-Discriminatory Clause

E.M.C.S. shall not discriminate against any individual on the basis of race, nationality, creed, gender, sexual orientation, religious affiliation, political views, physical or mental disability, or any other factor so long as that individual is able to safely participate within the boundaries of E.M.C.S. and Belegarth, Medieval Combat Society. In the event that an individual who wishes to participate is unable to safely participate within the bounds of the organization, E.M.C.S. shall make every reasonable effort to find a means of at least partial participation for that individual.
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Postby Derian » Wed Apr 23, 2008 8:44 pm

I like it.
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Postby Big King Jimmy » Thu Apr 24, 2008 1:16 am

Elebrim wrote:mental disability


This is the one thing I have a problem with.

We had a situation arise in our realm, and I talked to my father about it at length. He's worked with people with Mental Disablities for... 30 years? Some rediculasly long time.

You've got to gut check this kind of thing. If someone approaches you, and you get the firm sense that something is not normal with said individual, you should find out what that is before you go let them participate in a violent sport with potentially lethal repercussions.

An individual with a mental disability could be okay 99% of the time, but ;that 1% where he gets hit in the head, he could react like a perfectly abnormal human being, with terrible results.

I'm not saying that people with mental disabilities should not be allowed to participate in Belegarth, I'm just saying I don't want anything in the By-laws that could stop me from acting in a way that I feel is for the safety of the members of my realm.

Of course, I could be totally reading this wrong, I might still have that authority, it might be in the BoW under that "heralds are mini-gods omni-rule. I don't know. That just jumped out at me.

PS/EDIT: I guess what I'm trying to say, is whose call is it that an 'individual is able to safely participate within the boundaries of E.M.C.S. and Belegarth, Medieval Combat Society'? We're not psycologists. Phsycial disabilities are one thing, you can see them, and they usually are things you can provide a crutch for. Mental disabilities is just a whole big bag of worms.
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Postby Elebrim » Thu Apr 24, 2008 9:11 am

Elebrim wrote:The enforcement or application of this rule is left unspecified; in other portions of the constitution, I clearly defined the role of the herald as the ultimate authority on and adjudicator of rules and safety on the battlefield.


I've fought with a number of autistic people. They are often clunky starting out, but safe. I have only seen one instance where this or any other mental disability has forced a herald to sit someone out, but the herald did and handled it well. It's completely in their power to make the call if need be. Plus, the same 1% where there are problems could be said of any non-disabled fighter, as well.
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Postby Mekoot Gorlock » Mon Apr 28, 2008 1:00 pm

Everyone has put a lot of good work into the things they thought needed fixed. Please continue with revision and replacement in the by-laws. We should shoot to have a working copy by the 20th so that they can be sent to WC in June.
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Postby Mekoot Gorlock » Mon May 05, 2008 7:55 pm

Par-did you get a chance to look over them and revise what you thought needed revised?
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Postby Mekoot Rowan » Tue May 06, 2008 5:19 am

savetuba wrote:13.3.2 No member shall actively or passively be involved in/or support any illegal and/or unethical activity taking place at a National BMCS event or location that BMCS utilizes.



First of all I don't think the first slash is at all necesarry the "or" already does the same thing making it superfluous.

Second, I don't think we should be trying to regulate the behavior of members at every second of their lives, which is a step the "or location that BMCS utilizes" head toward. If someone wants to go to a state park that belegarth uses once a year and do something unethical then that's their business.

I believe the intent of this rule is to govern the behavior of people when they are acting as members, not at any other time.

Personally, I like old horse's version of this bylaw better than I like either of mine. It's vague enough to be molded to a situation, but still clear enough to tell what it's supposed to mean.
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Postby Elebrim » Wed May 07, 2008 11:22 am

Rowan wrote:
savetuba wrote:13.3.2 No member shall actively or passively be involved in/or support any illegal and/or unethical activity taking place at a National BMCS event or location that BMCS utilizes.


Second, I don't think we should be trying to regulate the behavior of members at every second of their lives, which is a step the "or location that BMCS utilizes" head toward. If someone wants to go to a state park that belegarth uses once a year and do something unethical then that's their business.


This is a good point, but I think the one problem with making the rule too vague is that people will be able to work around it. I would think that editing out "or location that BMCS utilizes" would be appropriate, or adding "for that event" afterward to narrow the timeframe.

13.3.2 No member shall actively or passively be involved in/or support any illegal and/or unethical activity taking place at a National BMCS event or at the location that BMCS utilizes for that event.
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Postby Mekoot Gorlock » Mon May 12, 2008 11:32 pm

I want to move

10.15.3. Non-responding realms will be considered as abstaining.

and make it into 10.6.1

This would put it under normal voting rather than just emergency voting.
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Postby Derian » Tue May 13, 2008 10:00 am

Something that was brought up at the BoD meeting:

There should be something that specifies that realms may be removed from voting status after two consecutive periods where no votes are cast.

This is good, however, we should also add that if a realm goes four 4 periods consecutively (1 year) without a single vote, it is mandatory that they be bumped down to speaking rights. They can reapply for voting status at any time.

The idea behind this is that it's not uncommon for realms to go through leadership changes/problems, especially college based realms over the summer. The war council should be able to remove realms at six months of inactivity if the circumstances dictate it, however, after a full year, the realm in question is obviously not helping anything and doesn't need to be on the war council at that time.

Once the realm in question has sorted out their leadership, they can let the war council know and be voted back into voting rights.
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Postby Mekoot Rowan » Wed May 14, 2008 7:42 am

Derian- I don't think the scope of this project covers the adding of new by-laws. Such an action would need to go through the proper channels. What I think we're trying to do here is to rewrite what is already there to eliminate redundancy and increase clarity.
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Postby Mekoot Gorlock » Fri May 23, 2008 1:33 pm

I think that we need a term length for officers to be added. I think that board members have been acting under the assumption that they had either a one or two year term. It needs to be added to the officers section.

I would also ask that one of the volunteers prepare a document with the changes in it to go to WC in the June voting period.
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Postby Mekoot Gorlock » Fri May 30, 2008 1:15 pm

I have put all of the changes in the by-laws in bold. Please look over them and see if I have missed anything. These will be presented to the WC during the June voting period. Par I would still like your input.


Article 1: Name
The name of this organization shall be Belegarth Medieval Combat Society, henceforth referred to as BMCS.
Article 2: Objectives
2.1. To stimulate greater public interest in and public understanding of the techniques and goals of the BMCS.
* 2.2. To disseminate educational information to the public about the purpose and creative ideas behind the organization.
* 2.3. To emulate battles and ideas set forth by the Realms and members of BMCS.


Article 3: Recognition
* 3.1. The BMCS shall adhere to all state, local and federal regulations under the laws set forth by the government of said State, Country, Province, Township, County, and Federal government and or any other pertinent government entity.


Article 4: Membership

* 4.1. Membership in BMCS shall be open to all individuals and institutions that support the objectives of the BMCS and the Code of Ethical Guidelines established in the Bylaws of the organization, and/or the Realm in which the individual lives.
* 4.2. Only a Member shall have the privilege and responsibility of holding office, of nominating and electing the Officers of the organization, and of being a representative at War Council. Members of each realm determine the representatives from their realm for the War Council.
* 4.3. Members in the BMCS shall affirm and adhere to the Code of Ethical Guidelines established in the Bylaws of the organization set forth by the War Council.
* 4.3.1. A Member whose acts are contrary to the objectives of the BMCS or the Code of Ethical Guidelines established in the Bylaws of the BMCS may be expelled or excluded from Membership by a three-quarters (3/4) vote of the War Council. Quorum shall be ¾ of attending realms.
* 4.3.2. This may take place only after the Member has been given 15 days prior notice of the pending action together with the reasons and has been given the opportunity to be heard, orally or in writing, by the War Council at least five days before the effective date of expulsion.


Article 5: Dues

* 5.1. The BMCS will not charge any dues to any member. That recourse is left to the separate realms in the BMCS to determine if they so choose. The BMCS may, however, charge a fee for any national event in order to establish a fund to run that event, or the same event in a following year.

[edit]
Article 6: Officers and Their Duties

* 6.1. The Officers of the BMCS shall be:


6.1.1. President

*
o 6.1.1.1. Will work with the WC to insure that all BMCS rules are observed at all national events.
o 6.1.1.2. Will select Marshals for said events if the hosting realm has not already done so or in case of problems. In this case, the President has the final veto right on national Marshals.
o 6.1.1.3. Shall oversee the progress of all Officers and issue any web site changes to the Webmaster should any need to be made.
o 6.1.1.4. Will ‘Chair” and oversee the running and rulings of the War Council. He/she is responsible for calling a vote once the WC’s discussion is complete and will tally the votes. The President may also call for a speaking limit on the representatives of the War Council.
o 6.1.1.5. Will be responsible for the voting on the UBB and must be able to tally votes accordingly.
o 6.1.1.6. Will be a contact person for new realms.
o 6.1.1.7. Will insure that Belegarth’s non-profit corporation status is maintained.
o 6.1.1.8. Will perform all other duties usually associated with this office.


6.1.2. Vice President

*
o 6.1.2.1. Will fulfill any obligation that the President is unable to accomplish or any task that the President delegates.
o 6.1.2.2. The office will be able to assume control of all Presidential powers & responsibilities at a national event should the President not be able to attend.
o 6.1.2.3. Will work with BMCS Realms and National BMCS Events concerning BMCS Rules.


6.1.3. Treasurer

*
o 6.1.3.1. Accurately record all financial record for the National BMCS.
o 6.1.3.2. Collect all receipts from the National BMCS.
o 6.1.3.3. File any appropriate tax information as needed.
o 6.1.3.4. Prepare a quarterly Belegarth financial report for public release.
o 6.1.3.5. Prepare & publish an annual financial report for the public release.
o 6.1.3.6. Establish and maintain a corporate checking account (Need the articles of incorporation for this)
o 6.1.3.7. Review and remit payment for debts accrued by the BMCS.


6.1.4. Secretary

*
o 6.1.4.1. Will be responsible for keeping the minutes of the WC meetings and all paperwork that needs to be filed for the BMCS. (If not in attendance, the WC may elect another to fulfill this obligation for the meeting)
o 6.1.4.2. Will be responsible for filing of needed paperwork as well as post the War Council minutes to the BMCS UBB.
* 6.1.4.3. Will be responsible for insuring the corporate paperwork is filed on a timely basis. The secretary may delegate this task as needed.


6.1.5. Webmaster

*
o 6.1.5.1. Will be in charge of the national web page, making any and all changes to the page that the President has mandated.
6.1.5.2. Will be in charge of the national online web board. Moderating, making any and all changes and updating the online web board as necessary.
o 6.1.5.3. Report to the President so that the President may report to the WC any and all issues dealing with the page in question.


6.2. War Council Representatives

*
o 6.2.1. Each Realm shall determine their Representatives of the War Council.
o 6.2.2. The WC shall consist of two delegates from each Realm. However only one may vote on any issue. Each Realm has only one vote. Realm War Council representatives must have the means to access the internet at least once per week.
o 6.2.3. The WC shall determine the rules, and safety procedures that BMCS requires.
o 6.2.4. The WC shall elect the National Officers.
o 6.2.5. The WC shall determine the BMCS Bylaws.
o 6.2.6. If the Secretary is not present, WC will elect someone to take accurate notes from the WC Meeting.



Article 7: Installation and Removal of an individual from a National Office

7.1. A person may hold a national level position in BCMS (excluding Realm Leaders) only as long as the individual is able to properly perform the duties required for the fulfillment of said position.

7.1.1. Installation of New Officers

7.1.1.1. A person may be nominated for a National Office with a nomination and second from any two Voting Realms. Nominations for new officers may be made in either the Spring voting session or in the event of either a successful vote of no-confidence or the resignation of a current National Officer.

7.1.1.2. In the event that only one individual is successfully nominated, the motion shall adhere to the standard 7-day discussion period to allow for other nominations. If no other nominations or objections are raised during that time, the motion is considered passed with no vote necessary.

7.1.1.3. In the event that more than one individual is nominated for a National Office, all seconded candidates shall be considered during the same vote. A simple majority of half of the responding realms shall be considered a successful election. If a nominee withdraws his or her candidacy, votes cast in said candidates favor are considered as abstentions until those realms change their vote.

7.1.1.4. In the event that a plurality of candidates causes no single candidate to receive half of the responding realms’ votes by the end of the voting period, a secondary election shall be called in the manner of an emergency vote. Only the two candidates from the original election with the greatest number of votes shall be considered in this secondary election.

7.1.1.5 BoD terms will be a minimum of one year; after one year has passed, the position will be opened for a vote at the next voting period. If an officer's term expires during a voting period, the vote will take place at the beginning of that voting period.

7.1.2. Removal of Officers

7.1.2.1. If the War Council feels that a person is not doing the job according to the criteria set by the War Council, said person might be removed from office by means of a Vote of No Confidence motioned and seconded by members of the War Council.

7.1.2.2. The vote will carry by a simple majority of the WC quorum voting yes to the removal of the person.

7.2. The BMCS War Council will do its best to support the National Officers as well as general members of BMCS


Article 8: Meetings

* 8.1. The War Council shall hold a Meeting no less than once a year.
* 8.2 Emergency Meetings may be held as needed and/or online as needed.
* 8.3. Robert's Rules of Order (revised) shall govern the proceedings of meetings of the War Council insofar as such rules are not inconsistent or in conflict with the Bylaws, with the Articles of Incorporation, or with provisions of the law.

[edit]
Article 9: Referendum or Vote

* 9.1. Referendum vote may be held through the UBB at any time upon the initiation of the War Council or President. A Referendum petition must request and receive permission from said War Council.


Article 10: Online Voting Rules

* 10.1. The following rules are ONLY to be used for online meetings of War Council. These guidelines do not apply anywhere other than online in the War Council forums. All voting must take place in the War Council forum; no votes by phone or word-of-mouth will be allowed.
* 10.2. Contact List: It will be the Secretary's responsibility to create and maintain an updated list of contact information for realm leaders of voting realms and/or their appointed designees. Phone information should also be obtained, in case it is necessary. An email mailing list may be made for this purpose.
* 10.3. Motions: Only voting realms may put forward or second a motion.
* 10.4. Seconds: Once a motion is made, it must be seconded within 7 days. If a motion is not seconded within 7 days, a new motion will need to be made.
* 10.5. Call to Vote: After a vote is seconded, a discussion thread is created in the private war council forum and a vote date set for 7 days after the motion was seconded. The Secretary must notify the realm leader or appointed designee of every voting realm via email that a vote has been called. The original proposer of the motion may withdraw their motion at any time prior to the vote.
10.6. So long as rule 10.5 is adhered to, it is assumed that all realms are in attendance during any online War Council business. If rule 10.5 is for any reason not adhered to, a quorum of 2/3 of all Voting Realms must respond during the voting period in order for the motion to pass.
10.6.1.Non-responding realms will be considered as abstaining.

10.7. Additions: As with normal War Council proceedings, votes on new rules in the Bylaws or Book of War, and adding new voting realms require a 2/3rds majority. New speaking realms need only a simple majority vote. The election of corporate officers is outlined in Article 7 above.

10.8. Changes: As with normal War Council proceedings, changes to the Book of War, changes to the Bylaws, and removal of voting realms require a 2/3 majority. Votes of No-Confidence for corporate officers are outlined in Article 7 above.

* 10.9. Voting Period: After a vote begins, the vote will remain open for 21 days, unless extended. 10.9.1. A realm may change its vote at any time during this period.
* 10.9.2. Votes or changes on the 22nd day or afterwards are discarded.
* 10.10. Attending Realms: A voting realm that participates must vote Yes, No, or Abstain. An abstention will not count as a vote in support (for) or refusal (against) the motion in question. .
10.11. Non-voting Realms: A realm that does not respond at all within the voting period is still considered to be in attendance so long as rule 10.5 has been adhered to. Their vote shall be counted as an abstention.

* 10.12. Close of Voting: At the end of the designated voting period, the President (or another Corporate Officer if the President has delegated this duty) will count the vote tally and declare the outcome.
* 10.13. Extensions: Any voting realm may request an extension on a vote on or before the 21st day of voting. They must provide a viable reason for this request.
* 10.13.1. It must be seconded on or before the 21st day of voting to take effect.
* 10.13.2. If the motion is made and seconded, voting will continue for 7 days past the end of the original voting period, making the voting period a total of 28 days.
* 10.13.3. A vote may only be extended once.
* 10.14. Emergency Votes: If a vote has been called on a motion and a quorum has not been reached by the close of voting, an emergency vote may be called at the President's discretion (or Vice President's if and only if the issue is a Vote of No Confidence on the President) within 7 days, so long as it meets the requisite criteria. The President may only call emergency votes for the following reasons:
* 10.14.1. Election of Corporate officers
* 10.14.2. Votes of No Confidence on Corporate Officers.
* 10.14.3. Votes required due to pending litigation
* 10.14.4 Changes required to resolve a persistent deadlock situation which has lasted over at least 6 months and 3 votes where no quorum has been reached on any vote, other than previously called emergency votes. This may include votes for the addition of new voting realms or temporary removal of negligent realms from the War Council, but under no circumstances may an emergency vote be called for dissolution of the War Council.
* 10.15. In the event an emergency vote has been called, all realms will be contacted by the Secretary immediately and approximately 2 weeks into the voting period if they have not yet responded.
10.15.1. If necessary, alternate methods of contact such as telephone calls will be used. The emergency voting period will last for exactly 28 days.
* 10.15.2. So long as these procedures have been followed, all realms will be considered in attendance for the Emergency Vote.
* 10.16. Proxy votes will not be allowed. War Council votes must be submitted by the designated realm representatives.
* 10.17. Parliamentary Authority. The Roberts Rules of Order, latest revision, shall be the governing authority in any matter not specifically covered by these by-laws.


Article 11: Finances

* 11.1.Each Realm is responsible for its own finances and is must adhere to the appropriate state and federal laws.
* 11.2. In case of dissolution of the corporation, the assets will pay off all indebtedness and all creditors. Any remaining monies shall be given to a non-profit organization(s) in Illinois, the state of incorporation. And no part of the net income or assets of this organization shall inure to the benefit of any private persons. Upon the dissolution or winding up of the corporation its assets remaining after payment, or provision for payment, of all debts and liabilities of this corporation, shall be distributed to a nonprofit fund, foundation, or corporation which is organized and operated exclusively for charitable and educational purposes meeting the requirements for exemption provided by Section 214 of the Revenue and Taxation Code and which has established its tax exempt status under Section 501 (c) (3) of the Internal Revenue Code.


Article 12: Amendments

* 12.1. Any issue relevant to these by-laws may be reported by any member to the War Council through a War Council representative.


Article 13: Code of Ethical Guidelines

* 13.1. The following guidelines shall be adhered to by the BMCS to advise the most ethical course of action in the various matters which may arise.
* 13.2. Ethical Responsibility to the Public
o 13.2.1. BMCS members shall:
o 13.2.1.1. Recognize a primary commitment to present the public with any information that will promote the BMCS.
o 13.2.1.2 Actively support the BMCS by any means available under law.
o 13.2.1.3 Encourage the members of the BMCS to uphold the involvement of educational awareness of local realms and the disposition of materials for the growth of the BMCS.
o 13.2.1.4. Realm leaders are responsible for contacting local park services to insure all aspects of local law and codes are being maintained by their respective realms.
o 13.2.1.5. Encourage careful compliance with procedures specified in state and federal law regarding the use of lands or facilities for the purpose of the BMCS populace.
* 13.3. A BMCS member shall not:
o 13.3.1 Advocate destruction of any site or cause damage to any area in which the BMCS is using.
o 13.3.2. Allow his or her name to be used in the support of illegal or unethical activity during or in relation to any event, associated with BCMS.
o 13.3.3. Knowingly misrepresent oneself as "qualified" in matters for which there is a reasonable doubt of qualification such as weapons checker, marshal, medical personnel, or any other office at the Realm or National levels.
o 13.3.4. Violate any local or federal laws while at a BMCS event.

[edit]
Article 14: Policy of non-discrimination

* 14.1. Belegarth shall be non-profit and nonsectarian. There shall be no discrimination in membership, employment or services due to race, color, sex, age, lifestyle, religion, national origin, sexual orientation, mental disability, or physical disability.
14.1.2 BMCS retains the right to refuse participation in simulated combat to members with medical conditions that would pose a safety risk to themselves or other members. The risk is to be determined by the head herald of the event being participated in. This ruling shall apply only to simulated combat and will not bar any person from any other aspect of participation.
[edit]
Article 15: Realms

* 15.1. What is a Realm: A community or territory that has an active status in the BMCS.
* 15.2. An active realm in BMCS:
o 15.2.1. Must have and maintain at least ten (10) active members for a one-year period. An active member is defined as a person who participates in realm activities and represents the realm during inter-realm events.
o 15.2.2. Must register with the BMCS. Either contacting an Officer of BMCS, and/or the BMCS online message boards .
o 15.2.3. Must use the rules for combat based on those contained within the Book of War of the BMCS. A realm may develop realm-specific rules. However, the national rules will be used during any inter-realm event.
o 15.2.4. Must not be within 20 miles of another BMCS realm. Alternatively, if within 20 miles of another BMCS realm then must have at least ten (10) active members separate from the other realm.
o 15.2.5. A realm must have a regularly scheduled practice at least once per month.
o 15.2.6. A realm must have a written constitution and/or bylaws. These will be submitted to the War Council for review prior to being granted voting status.
* 15.3. Becoming a Voting Realm.
o 15.3.1 Meet all the criteria from section B of section 15.2.
o 15.3.2. An Officer of BMCS, and/or voting member of the BMCSWC must sponsor a new realm before they are granted a seat on the BMCSWC.
* 15.4. Duties and responsibilities of a sponsor realm.
o 15.4.1. Designate points of contacts for both the sponsor and sponsored realms.
o 15.4.2. Exchange contact information including names, addresses, phone numbers, and email.
o 15.4.3. Make an attempt to visit the sponsored realm practice or event at least once every six months.
o 15.4.4. Bring the sponsored realm up for speaking rights at the Belegarth War Council.
o 15.4.5. Once this is done, the sponsorship needs to be addressed by the BMCSWC and a vote taken. It will be a 2/3rds majority vote. Once passed, the new realm will have its voting rights.
* 15.5. Removal of a Realm:
o 15.5.1. If for some reason a realm does not fulfill the requirements of section 15.2 the BMCSWC may remove that realm’s voting status until such requirements are met. A 2/3 majority of all voting realms is required.
o 15.5.2. If a Realm knowingly violates local or federal law, the realm may lose voting rights by order of the BMCSWC.
o 15.5.3. If a realm is dissolved, or states its wish to no longer be associated with the BMCS, the BMCSWC may revoke its voting rights.
o 15.5.4. A realm may voluntarily choose to reduce its status from voting to speaking rights. To regain its voting rights, it must follow the procedures in sections 15.2 and 15.3 of this article.
o 15.5.5. To remove a realm from its right to vote is a voluntary action by the BMCSWC and therefore is not mandated.
Last edited by Mekoot Gorlock on Sat Jun 07, 2008 1:43 pm, edited 2 times in total.
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Postby Derian » Fri May 30, 2008 2:51 pm

I gave it a quick scan and all looks good to me.
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Postby Sir Par » Fri May 30, 2008 11:46 pm

I went throught the additions with a fine tooth comb. They look great, and are worded correctly. At this time I can see no way that they could be misinterperted or abused. Sorry I couldn't have been more help. With moving and finishing up with college I've been hella busy.
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Postby Kyrian » Sat May 31, 2008 12:09 am

I hope I'm not barging but is this:

This ruling shall apply only to simulated combat and will bar any person from any other aspect of participation.


supposed to read:

"This ruling shall apply only to simulated combat and will not bar any person from any other aspect of participation."?

Based on the wording with "only", I'm assuming that a person might be allowed to participate in other aspects of Belegarth.
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Postby Derian » Sat May 31, 2008 1:15 am

Good catch, Kyrian. I'm sure it's simply a typo. Regardless, nothing official has happened to it yet, so I've edited Gorlock's post.
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Postby Elebrim » Sun Jun 01, 2008 2:49 pm

Caught one: Make sure all references to quorum match the initial 3/4 cited at the beginning of the bylaws in 4.3.1. It is mentioned as 2/3 in 10.6

Also, will we include guidelines for election/nomination of national officers, or just for removal? With a little tweak (bolded), they could to an extent correct the lack of defined Officer terms. My earlier suggestions in case we still want to integrate them:

Article 7: Installation and Removal of an individual from a National Office

7.1. A person may hold a national level position in BCMS (excluding Realm Leaders) only as long as the individual is able to properly perform the duties required for the fulfillment of said position.

7.1.1. Installation of New Officers

7.1.1.1. A person may be nominated for a National Office with a nomination and second from any two Voting Realms. Nominations for new officers may be made in either the Winter voting session or in the event of either a successful vote of no-confidence or the resignation of a current National Officer.

7.1.1.2. In the event that only one individual is successfully nominated, the motion shall adhere to the standard 7-day discussion period to allow for other nominations. If no other nominations or objections are raised during that time, the motion is considered passed with no vote necessary.

7.1.1.3. In the event that more than one individual is nominated for a National Office, all seconded candidates shall be considered during the same vote. A simple majority of half of the responding realms shall be considered a successful election. If a nominee withdraws his or her candidacy, votes cast in said candidates favor are considered as abstentions until those realms change their vote.

7.1.1.4. In the event that a plurality of candidates causes no single candidate to receive half of the responding realms’ votes by the end of the voting period, a secondary election shall be called in the manner of an emergency vote. Only the two candidates from the original election with the greatest number of votes shall be considered in this secondary election.

7.1.2. Removal of Officers

7.1.2.1. If the War Council feels that a person is not doing the job according to the criteria set by the War Council, said person might be removed from office by means of a Vote of No Confidence motioned and seconded by members of the War Council.

7.1.2.2. The vote will carry by a simple majority of the WC quorum voting yes to the removal of the person.

7.2. The BMCS War Council will do its best to support the National Officers as well as general members of BMCS.
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Postby Mekoot Gorlock » Sun Jun 01, 2008 10:20 pm

I see a problem with having voting in the winter season for officers.

The main one being that the winter voting season this year had very low participation. Most college realms are out on vacation for the better part of the voting season and don't end up voting.

The other being that right now we have 3 officers who were voted in during that season because of resignations. The other 2 officers are still ending their term in June. We need to find a way to get all of the officers back on the same schedules.
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Postby Mekoot Gorlock » Mon Jun 02, 2008 11:57 am

Some comments on my last post would be very welcome everyone. We need to get this done very fast the voting period is open.
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Postby Elebrim » Mon Jun 02, 2008 12:24 pm

I added that in to provide some sort of cohesive "we can change officers at XYZ time" point that you had pointed out we were lacking. I originally put Spring, but had thought that winter would be more of an evenly broken stopping/starting point. I really don't care when it happens, but as it has been said some point needs to be assigned.
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Postby Derian » Mon Jun 02, 2008 1:21 pm

How about we say something like "BoD terms will be a minimum of two years; after two years have passed, the position will be opened for a vote at the next voting period. If an officer's term expires during a voting period, the vote will take place at the beginning of that voting period."

If we do this, we can keep track of when people are voted in in the Officer's sticky in the WCGD forum.
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Postby Mekoot Gorlock » Mon Jun 02, 2008 2:46 pm

right now we are operating under the thought that people are voted in for 1 year. This is because Arm war council voted on new officers every year.
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Postby Derian » Mon Jun 02, 2008 3:00 pm

Oh, I didn't realize that. Just replace "two years" with "one year" then.
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Postby Mekoot Gorlock » Mon Jun 02, 2008 3:04 pm

Elebrim I changed around what you had a little bit. Switching back to the original spring that you mentioned that were thinking of. I also added a 1 year term period.

Article 7: Installation and Removal of an individual from a National Office

7.1. A person may hold a national level position in BCMS (excluding Realm Leaders) only as long as the individual is able to properly perform the duties required for the fulfillment of said position.

7.1.1. Installation of New Officers

7.1.1.1. A person may be nominated for a National Office with a nomination and second from any two Voting Realms. Nominations for new officers may be made in either the Spring voting session or in the event of either a successful vote of no-confidence or the resignation of a current National Officer.

7.1.1.2. In the event that only one individual is successfully nominated, the motion shall adhere to the standard 7-day discussion period to allow for other nominations. If no other nominations or objections are raised during that time, the motion is considered passed with no vote necessary.

7.1.1.3. In the event that more than one individual is nominated for a National Office, all seconded candidates shall be considered during the same vote. A simple majority of half of the responding realms shall be considered a successful election. If a nominee withdraws his or her candidacy, votes cast in said candidates favor are considered as abstentions until those realms change their vote.

7.1.1.4. In the event that a plurality of candidates causes no single candidate to receive half of the responding realms’ votes by the end of the voting period, a secondary election shall be called in the manner of an emergency vote. Only the two candidates from the original election with the greatest number of votes shall be considered in this secondary election.

7.1.1.5 BoD terms will be a minimum of one year; after one year has passed, the position will be opened for a vote at the next voting period. If an officer's term expires during a voting period, the vote will take place at the beginning of that voting period.

7.1.2. Removal of Officers

7.1.2.1. If the War Council feels that a person is not doing the job according to the criteria set by the War Council, said person might be removed from office by means of a Vote of No Confidence motioned and seconded by members of the War Council.

7.1.2.2. The vote will carry by a simple majority of the WC quorum voting yes to the removal of the person.

7.2. The BMCS War Council will do its best to support the National Officers as well as general members of BMCS[/b]
Last edited by Mekoot Gorlock on Sat Jun 07, 2008 1:34 pm, edited 1 time in total.
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Postby Derian » Mon Jun 02, 2008 3:55 pm

I don't like how that's worded. It leaves ambiguity as to when a nomination can take place. Theoretically, nominations for a position can take place in March after an officer took their position in December.
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Postby Mekoot Gorlock » Mon Jun 02, 2008 4:04 pm

I see what you mean. It would probably be a good idea to leave the positions staggered so that the whole BOD doesn't change all at once, this way someone will always have been around for the last meeting.

what suggestions do you have for revision.
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Postby Elebrim » Tue Jun 03, 2008 12:48 am

Individual bylaws could be added to each officer description stating when their normal nomination/election period should take place. For example:

(President) 6.1.1.8. Will be considered up for election in the Spring voting term of each year.

(Vice-President) 6.1.2.8. Will be considered up for election in the Summer voting term of each year.

... and so forth. The only rub is that there are 5 Officers, meaning that at least one voting period would have to double up. I would suggest that this doubling be Vice-President and Webmaster, as President, Secretary and Treasurer handle specific enumerated functions that could become problematic if transitioned alongside a fellow officer. Though equally important, VP is more generic and could be more easily transitioned in tandem.
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Postby Derian » Tue Jun 03, 2008 9:46 am

I think my original suggestion still works:

How about we say something like "BoD terms will be a minimum of one year; after one year has passed, the position will be opened for a vote at the next voting period. If an officer's term expires during a voting period, the vote will take place at the beginning of that voting period."

If we do this, we can keep track of when people are voted in in the Officer's sticky in the WCGD forum.
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Postby Mekoot Gorlock » Tue Jun 03, 2008 12:39 pm

I like both ideas. I think that I will put derians into the draft that will go to WC because it is a bit simpler and will not effect the officers who are currently in office.
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