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Hard Fork Bylaws
Article 1. Name
- The name of the Organization shall be Hard Fork, hereafter referred to as "the Organization."
Article 2. Purpose, Mission Statement and Fiscal Year
- The mission of the Organization shall be to be a democratic community and organization supporting creative technologists.
- The purposes of this organization are limited exclusively to exempt purposes within the meaning of § 501(c)(3) of the Internal Revenue Code of the United States of America.
- The fiscal year of the Organization shall correspond with the calendar year.
Article 3. Membership
- Membership in the Organization shall be open to any natural person whose membership has not been terminated previously.
- Eligibility for membership or officer positions in this organization may not be limited on the basis of race, sex, gender, religion, national origin, sexual orientation, physical or mental handicap, ancestry, or medical condition.
- The Organization shall operate a membership directory and allow members to join and renew their membership, which shall hereafter be referred to as "the Membership Directory."
- Membership is defined by any person who is listed in the Membership Directory and meets the eligibility criteria set forth in the bylaws herein.
- The term of each membership shall be one (1) year commencing on the date when the member registers with the Membership Directory.
- Memberships may be renewed within 30 days of the expiration date, or any time after the membership has expired by contacting the Leadership Committee or by renewing their membership through the Membership Directory.
- For the purposes of calculating some vote thresholds in the rest of the document, we define "Active Members" as members who have attended at least 50% of the last four meetings (or however many meetings have been had, whichever is lower).
- Any membership may be terminated or reinstated by the Leadership Committee at any time, unless two-thirds (2/3) of members present at a regular meeting vote to reinstate or terminate the membership.
- The Organization shall provide members with written or electronic notice of upcoming membership expirations at least thirty (30) days prior to the expiration date.
Article 4. Leadership Committee
§ 4.1. Powers and Actions
- The Leadership Committee shall be the Board of Directors of the Organization, shall oversee the operations of the Organization and further democracy in the Organization.
- Leadership Committee members are permitted to enter binding contracts and speak publicly on behalf of the Organization.
- Leadership Committee members that are under 18 years of age may enter binding contracts on behalf of the Organization, that shall not be voided due to their minority.
- The Leadership Committee shall be permitted to take action without a meeting, provided that a majority of the Leadership Committee approves of the action in an electronic message (including but not limited to Matrix, Git Pull Request comments & reviews and electronic mail) or in writing.
- Leadership Committee is permitted to conduct votes without a meeting through an online platform available for 48 (forty-eight) hours
§ 4.2. Composition and Duties
- The Leadership Committee shall be composed of at least two (2) Co-Chairs, one (1) Secretary, (1) Treasurer and one (1) Infrastructure Coordinator. The total number of seats shall not exceed seven (7) persons.
- To be eligible for the Leadership Committee, candidates must be members of the Organization. Minors under 18 years of age shall be eligible for the Leadership Committee, provided they meet the other criteria set forth in the bylaws herein.
- General duties: These are duties that should be completed by the Leadership Committee, but are not defined to someone special. The members of the Leadership Committee can decide themselves, based on skills and capacities who performs these actions. The Duties here are not an exhaustive list, and are only a small fraction of what Leadership Committee does, citing only the strictly necessary ones. a. To lead Hard Fork in the right direction following members intents in the best way, while also coren intents. b. To write updates to send via email to everyone on the Organization's email list at least once per month.
- The duties of the Co-Chairs shall be: a. To facilitate meetings.
- The duties of the Secretary shall be: a. To take minutes at general meetings. b. To send meeting minutes to everyone on the Organization's email list within ninety-six (96) hours of a meeting's end. c. To maintain the Membership Directory and build an email list.
- The duties of the Treasurer shall be: a. To manage any funds of the Organization. b. To maintain an active log of the Organization's income and expenditures that shall be available for members to review at any time. c. To serve as the lead organizer for all fundraisers. d. To supervise the budget and spending
- The duties of the Infrastructure Coordinator shall be: a. To chair the Infrastructure Committee and make sure the duties of the committee are properly executed. b. To coordinate regular meetings for the Infrastructure Committee and encourage member involvement in the infrastructure for the Organization.
§ 4.3. Elections, Terms and Vacancies
- Candidates will nominate themselves no later than two (2) weeks prior to the date of the election.
- Leadership Committee elections shall occur at the Membership Convention.
- All elections shall be Scottish single-transferable-vote, with voters ranking all candidates. a. In the event of a tie in the final round, a runoff will take place between the top candidates immediately afterward.
- The term of the Leadership Committee shall last one fiscal year.
- Leadership Committee vacancies shall be filled via a special election, to be announced within one week of a Leadership Committee seat becoming vacant, and held no later than two weeks after the announcement.
- Membership shall be notified in all cases of a change in the composition of the Leadership Committee, at a minimum doing the following: a. Announced at the next regular meeting following the change of composition. b. An email be sent to all members by the Leadership Committee upon change of composition.
§ 4.4. Recalls
- Leadership Committee members may be subject to recall by petition with signatures of one-third (⅓) of the Organization's membership or two-thirds of Active Members. a Submission of such a valid petition shall trigger a recall election to be held no later than 30 days from receipt of that petition by the Leadership Committee. b. The meeting for a recall vote shall be properly noticed to the membership, at a minimum doing the following: 1. Announced at one (1) regular meeting, at least one (1) week, in advance of the election. 2. An email be sent to all members by the Leadership Committee upon receipt of the petition.
- Along with the recall process which may be initiated by members, members of the Leadership Committee may be removed as a result of a grievance when they have been found to be negligent or mishandle their power and responsibilities. a. Unilateral decision making, abuse of power, domineering discussion/coercing decisions in conversations, breaches of confidentiality or discretion and/or any other actions which constitute the need for an investigation into undemocratic behavior fall under the category of malicious mishandling of vested power. b. The accused party(ies) of the Leadership Committee shall not be present in any meetings discussing their supposed transgression or the resolutions to follow any investigations they are involved in.
Article 5. Standing Committees
- The Standing Committees defined in these bylaws are permanent subcommittees of the Leadership Committee.
- The Committees shall be comprised of member volunteers and operate according to democratic principles and elect their leadership. Where applicable, certain Leadership Committee officers shall hold seats.
- Standing Committees shall abide to the fullest extent possible by feminist process in their operations, as defined in Addendum 2 of these Bylaws.
- Standing Committees shall hold regular meetings (bi-weekly, monthly, etc.), as determined by the respective committees’ Leadership Committee members, to ensure an open and engaging forum for democratic life within the Organization. Failure to hold regular meetings without written notice to the rest of the Leadership Committee shall be considered grounds for a removal or recall as defined by §§ 4.4.1 and 4.4.2.
§ 5.1. Infrastructure Committee
- The Infrastructure Committee duties shall include: a. To operate and maintain the technology infrastructure for the Organization. This may include the Membership Directory, website, git forge, email, and chat rooms. b. To ensure the proper handling of all of a member's personally identifiable information, including but not limited to contact information in the Membership Directory. c. To ensure the Organization complies with Ireland's privacy and data handling law, including the General Data Protection Regulation, for all members regardless of their current residence. d. To ensure the Organization complies with all local privacy and data handling laws for the area that the member resides in. e. To ensure the Organization complies with United States and the state of California privacy and data handling law.
- The Infrastructure Coordinator shall chair the Infrastructure Committee.
- The membership of the Committee shall be comprised of volunteers from amongst the Leadership Committee and the general membership.
- At least one of the two Co-Chairs shall serve on this Committee.
Article 6. Membership Convention
- The Organization shall hold a Membership Convention each fiscal year during the month of June.
- Leadership Committee members shall be elected at the Membership Convention.
- Votes at the Membership Convention shall be conducted through an online platform available for 48 hours.
- Debate, discussion, and resolutions about the future and vision of the Organization may be held/introduced at the Membership Convention.
- The Membership Convention shall be deemed a regular meeting for the purposes of these Bylaws.
Article 7. Funding
- The Organization shall be funded through the following means: fundraisers, contributions from any organization or individual that supports the Organization's mission, fundraisers, and any approved financial assistance granted by the Organization's Leadership Committee.
- All negative money transactions must be approved by the Treasurer.
- All negative money transactions over $100 must be approved by a majority vote at a regular meeting.
- The Leadership Committee shall maintain a record of all financial transactions and accounts. These records shall be made available at any time by the request of any member of the Organization and the general public.
- The Organization may fiscally sponsor other organizations as approved by the Organization's Leadership Committee. a. The fiscally sponsored organizations shall further the mission of the Organization and shall strictly abide by the exempt purposes of the Organization.
Article 8. Meetings
- Regular meetings of the Organization shall be held every three (3) calendar months on the first Saturday of the month.
- Special meetings may be called by the Leadership Committee. Elections may not occur at such meetings.
- Agendas for meetings shall be prepared by the Leadership Committee and will be available at the request of members before a meeting.
- Votes shall be conducted through an online platform available for forty-eight (48) hours.
- Two-thirds of the number of Active Members shall constitute a quorum and is required for the transaction of business (i.e. voting) at any meeting of the Organization. a. If a quorum is ever not present, votes may be taken by means of an online platform available for 48 hours. b. Should a meeting fail to meet quorum on three consecutive meetings with formal motions, the Leadership Committee shall be permitted to modify this formulation, subject to a majority vote of the members present at the next planned regular meeting.
Article 9. Powers
- The Organization shall have committees created if deemed necessary by membership. The formation of such committees shall be approved by a majority vote of the membership at a regular meeting.
- The Organization shall operate as a non-profit association, and no profits may accrue to any individual within the Organization.
- Unless otherwise provided in these bylaws, decisions of the organization shall be made by a simple majority of those present and voting, with those abstaining from the vote not figuring into the determination of the majority required.
- For purposes of any vote, the determination of the current eligible voting membership shall be private ballot. Votes will be counted immediately by the Leadership Committee in the presence of members.
- The rules contained in the 12th edition of Robert's Rules of Order Newly Revised shall govern the Organization in all cases to which they are applicable and in which they are not inconsistent with this Constitution, the Bylaws, or standing rules of the Organization.
Article 10. Amendment of Bylaws
- These bylaws may be amended by a two-thirds (⅔) vote at the Membership Convention or a regular meeting.
- The amendment shall be submitted in writing at least (2) weeks in advance of the vote. If it is not submitted in time, the amendment shall be ruled out of order.
- The vote must be available for 48 hours and conducted through an online platform.
Article 11. Code of Conduct
- All members, contributors, and guests of the Organization are expected to abide by the Code of Conduct, as defined in Addendum 1 of these Bylaws. Additionally, all members, contributors, and committees of the Organization shall abide to the extent possible by Feminist Process for all operations, as defined in Addendum 2 of these Bylaws.
- The Leadership Committee shall investigate grievances brought to them by any member. If the grievance concerns a member of the Leadership Committee, that member shall recuse themselves.
- The chapter's grievance process shall aim to uphold principles of fairness, inclusivity and respect for all parties.
- In the case of serious or pressing grievance allegations, the Leadership Committee may authorize immediate, temporary suspensions of accused members, including those on the Leadership Committee which may be overturned, extended, or otherwise altered after an investigation takes place.
Article 12. Dissolution
- Should the Organization be dissolved due to lack of interest or other reasons, the Treasurer is responsible for ensuring all fundraising dollars are appropriately reallocated to an IRS § 501(c)(3) organization or the United States government as specified in the dissolution motion. Dissolution of the Organization must be approved by a three-quarters vote of the Active Members at a regularly-scheduled meeting.
- The Leadership Committee shall inform all members in the Membership Directory upon dissolution.
Article 13. Grievances
- Claims and disputes arising under or relating to these Bylaws may be settled by binding arbitration in the state of California or another location mutually agreeable to the parties, provided that the parties mutually agree to binding arbitration. An award of arbitration may be confirmed in a court of competent jurisdiction.
- Claims and disputes arising under or relating to these Bylaws may be settled through a vote of the Membership at a regular meeting, provided both parties mutually agree to a vote of Membership to resolve the dispute.
- An arbitrated or membership vote decision may not be challenged later in any court of law unless both parties mutually agree to waive this provision.
Addendum 1. Contributor Covenant Code of Conduct
Our Pledge
We as members, contributors, and leaders pledge to make participation in our community a harassment-free experience for everyone, regardless of age, body size, visible or invisible disability, ethnicity, sex characteristics, gender identity and expression, level of experience, education, socio-economic status, nationality, personal appearance, race, caste, color, religion, or sexual identity and orientation.
We pledge to act and interact in ways that contribute to an open, welcoming, diverse, inclusive, and healthy community.
Our Standards
Examples of behavior that contributes to a positive environment for our community include:
- Demonstrating empathy and kindness toward other people
- Being respectful of differing opinions, viewpoints, and experiences
- Giving and gracefully accepting constructive feedback
- Accepting responsibility and apologizing to those affected by our mistakes, and learning from the experience
- Focusing on what is best not just for us as individuals, but for the overall community
Examples of unacceptable behavior include:
- The use of sexualized language or imagery, and sexual attention or advances of any kind
- Trolling, insulting or derogatory comments, and personal or political attacks
- Public or private harassment
- Publishing others' private information, such as a physical or email address, without their explicit permission
- Other conduct which could reasonably be considered inappropriate in a professional setting
Enforcement Responsibilities
Community leaders are responsible for clarifying and enforcing our standards of acceptable behavior and will take appropriate and fair corrective action in response to any behavior that they deem inappropriate, threatening, offensive, or harmful.
Community leaders have the right and responsibility to remove, edit, or reject comments, commits, code, wiki edits, issues, and other contributions that are not aligned to this Code of Conduct, and will communicate reasons for moderation decisions when appropriate.
Scope
This Code of Conduct applies within all community spaces, and also applies when an individual is officially representing the community in public spaces. Examples of representing our community include using an official email address, posting via an official social media account, or acting as an appointed representative at an online or offline event.
Enforcement
Instances of abusive, harassing, or otherwise unacceptable behavior may be reported to the community leaders responsible for enforcement at conduct@hardfork.obl.ong.
TODO: Create code of conduct email
All complaints will be reviewed and investigated promptly and fairly.
All community leaders are obligated to respect the privacy and security of the reporter of any incident.
Enforcement Guidelines
Community leaders shall follow these Community Impact Guidelines in determining the consequences for any action they deem in violation of this Code of Conduct:
1. Correction
Community Impact: Use of inappropriate language or other behavior deemed unprofessional or unwelcome in the community.
Consequence: A private, written warning from community leaders, providing clarity around the nature of the violation and an explanation of why the behavior was inappropriate. A public apology may be requested.
2. Warning
Community Impact: A violation through a single incident or series of actions.
Consequence: A warning with consequences for continued behavior. No interaction with the people involved, including unsolicited interaction with those enforcing the Code of Conduct, for a specified period of time. This includes avoiding interactions in community spaces as well as external channels like social media. Violating these terms may lead to a temporary or permanent ban.
3. Temporary Ban
Community Impact: A serious violation of community standards, including sustained inappropriate behavior.
Consequence: A temporary ban from any sort of interaction or public communication with the community for a specified period of time. No public or private interaction with the people involved, including unsolicited interaction with those enforcing the Code of Conduct, is allowed during this period.
Violating these terms may lead to a permanent ban.
4. Permanent Ban
Community Impact: Demonstrating a pattern of violation of community standards, including sustained inappropriate behavior, harassment of an individual, or aggression toward or disparagement of classes of individuals.
Consequence: A permanent ban from any sort of public interaction within the community.
Attribution
This Code of Conduct is adapted from the Contributor Covenant, version 2.1, available at https://www.contributor-covenant.org/version/2/1/code_of_conduct.html.
Community Impact Guidelines were inspired by Mozilla's code of conduct enforcement ladder.
For answers to common questions about this code of conduct, see the FAQ at https://www.contributor-covenant.org/faq. Translations are available at https://www.contributor-covenant.org/translations.
Addendum 2. Feminist Process
The principles of feminist process for holding decision-making meetings and discussions includes the following principles:
Respect the Facilitator(s). Members should be aware of the facilitator(s) and their responsibility to ensure a comradely and productive meeting.
Identify Goals and Objectives for the Meeting. Friction is more likely where meetings do not have clear purposes and outcomes, so agendas should state what the objectives and goals of a particular meeting are.
“Share the Air.” Members should be aware of how often they are speaking or interjecting, and make an effort to save their comments or questions if they are interrupting or dominating the conversation.
Make “I” Statements. Rather than objective assertions, statements framed as “I think…” and “I feel….” and “In my experience…” should be used in political discussions.
Address Behavior, Not Individuals. If the course of a conversation or discussion has become contentious, address the behavior causing the problem rather than attack the individual(s) involved.
Do Not Be Afraid to Apologize or Ask for an Apology. Comrades should be comfortable asking for resolution through apology, and comrades should freely offer apologies with the understanding that cooperation is built through mutual understanding and trust.
Do Not Assign Motives. Assuming good faith includes not assuming you understand other people’s motives for taking or supporting a particular position.
Mindfulness of Jargon. Everyone should feel comfortable expressing themselves- try to avoid use of jargon or in-group speak.