Merge pull request #1 from nzpug/2020-changes

Charter changes proposal 2020 - part 1

Author: rhyven

README.md

@@ -1,22 +1,26 @@
 # Rules of New Zealand Python User Group Incorporated
 
-
 ## Rule 1
+
 The name of this charitable society is New Zealand Python User Group Incorporated ("the Charity").
 
 ## Rule 2
+
 The Charity is being established with following purpose and aims in mind:
 
 ### Rule 2a
+
 * To advance education by providing meetups, courses, conferences, and written information around the Python programming language to the public.
 * As a support community for the Python programming language.
 * As a vector for the promotion of the Python programming language within non-profit, commercial and industrial organisations.
 * As a vector for the promotion of the Python programming language within government bodies, including but not limited to educational bodies of all levels, medical bodies, local and national government, and political parties.
 
 ### Rule 2b
-* To support its members in the organisation of local Python networking events ("Regular Meetings") in their area, either through provision of software and, where possible, financially (e.g., food and drinks), or in other ways the Charity's committee sees fit.
+
+* To support the Python community in the organisation of local Python networking events in their area, either through provision of software and, where possible, financially (e.g., food and drinks), or in other ways the Charity's committee sees fit.
 
 ### Rule 2c
+
 The Charity aims to organise an annual conference ("Kiwi PyCon"). This means:
 
 * The Charity pays for any costs associated with hosting the conference website.
@@ -25,29 +29,52 @@ The Charity aims to organise an annual conference ("Kiwi PyCon"). This means:
 * Any profits from running the conference shall be retained by the Charity.
 * The Charity committee shall override decisions by the organising committee where it deems these to not adhere to the Charity's charter.
 
+### Rule 2d
+
+New Zealand Python User Group aims to foster an inclusive community which invites diverse groups of people from all backgrounds, regardless of age, body size, race, gender, gender identity and expression, sexuality, disability or religion to discuss and learn about all things Python in an environment of mutual respect, tolerance and encouragement.  Everyone has the right to feel safe and to be safe.
+
+### Rule 2e
+
+Rule 2d, and the New Zealand Python User Group Code of Conduct, shall be applied universally at all times to behaviour within Charity spaces and activities.
+
 ## Rule 3
+
 In order to join the Charity one must complete a membership form, and payment for the yearly fees must be received within 90 days of the submission of the form. Failure to pay the fees within this time will result in the membership, and all membership benefits, being revoked. The fee is determined by the committee of the Charity and can be changed as the needs of the Charity change.
 
-Membership is for the current financial year of the Charity. This is presently defined as being the year from the 1st of June to the 31st of May.
+Membership is for the current financial year of the Charity. This is presently defined as being the year from the 1st of September to the 31st August.
 
-Membership is encouraged but not required: regular meetings are open to all and casual requests for assistance or information are allowed. Only members will have access to the areas outlined in Rule 2b above.
+The Charity may designate certain benefits, areas, events, or other resources as Members Benefits, and restrict access to these for the benefit of current members.
 
-Membership of the NZPUG mailing list and membership of the New Zealand Python User Group Incorporated are independent.
+Subscription, membership, or presence in any area operated by the New Zealand Python User Group does not imply membership of the Charity itself.
 
 ## Rule 4
+
+### Rule 4a
+
 A member can choose to leave the Charity at any time, without refund of their fees. The member wishing to leave must submit written notice (email or letter) to the committee to this effect. Non-payment of subscription fees will result in termination of membership and all associated benefits.
 
+### Rule 4b
+
 A member can be expelled from the Charity at the decision of the committee, for reasons including but not limited to:
 
-* Serious misconduct of a personal or professional nature towards another member of the Charity.
+* Serious misconduct of a personal or professional nature towards another member of the Python community. This extends to any other person providing services either to the Charity or to members on behalf of the Charity.
 * Serious misconduct of a personal or professional nature towards an external body, while acting as a representative of the Charity.
-* Any illegal activities conducted within the Charity
+* Any illegal activities conducted within the Charity.
 * Attempting to exploit or misuse the Charity or members of the Charity for pecuniary gain.
 
+If a member of the Committee is expelled from the Charity under this rule, a by-election will be held to fill that position, unless the AGM is due to occur within two calendar months.
+
+A former member who has been expelled from the Charity for serious misconduct can only be re-admitted if a General Meeting approves that member’s return, by a majority vote of two thirds.
+
+Any committee member who is found to be in breach of the Code of Conduct will immediately cease their office, and will be ineligible to sit on the committee for a period of two years, to be counted from the following AGM.  A by-election will be held to fill the vacated position, unless the AGM is due to occur within two calendar months.
+
+The committee may review any member’s membership if they are prosecuted for a crime.
+
 "Serious misconduct" is held at the discretion of the committee of the Charity, and any grievances should be brought before the committee.
 
 ## Rule 5
-The Rules of the Charity may be altered, added to or rescinded at an annual general meeting (AGM) or, in special circumstances, at a special meeting held for the purpose. Such meetings must be announced ahead of time and are open to all members of the Charity. Only members of the Charity can vote.
+
+The Rules of the Charity may be altered, added to or rescinded at an annual general meeting (AGM) or, in special circumstances, at a special meeting held for the purpose. These meetings will be conducted in accordance with Rule 6. Only members of the Charity can vote.
 
 In either case, a vote is taken on each modification to the Rules, with a two-thirds majority indicating the successful modification to the Rules.
 
@@ -58,76 +85,52 @@ No addition to or alteration of the non-profit aims, personal benefit clause or
 The provisions and effect of this clause shall not be removed from this document and shall be included and implied into any document replacing this document.
 
 ## Rule 6
-Meetings
-Any meeting - including the AGM - may be conducted online. The intention of holding a meeting online needs to be clearly expressed beforehand and in all invitations.
 
-Throughout New Zealand, monthly meetings may be held in multiple locations.
+Any meeting - including the AGM - may be conducted either in-person or online, and either synchronously or asynchronously, or any combination thereof.  The venue or method selected for the meeting must be clearly expressed beforehand and in all invitations.
 
-### Annual General Meetings
-Annual General meetings are to be held in the month of September.
+### Rule 6a
 
-Annual General Meetings shall be announced on the Charity's electronic mailing list a month before they occur, and at the previous months meeting. A reminder shall be posted to the mailing list at suitable intervals prior to the event, such as two weeks, one week, two days, one day, etc.
+General Meetings
 
-Annual General Meetings will cover topics including but not limited to:
+The Annual General Meeting (AGM) will be held in the first half of the financial year.  Special General Meetings (SGM) can occur at any time of the year.
 
-* the state of the Charity with respect to membership changes;
-* results of actions conducted as Charity actions pursuant to the purposes and aims of the Charity outlined in Rule 2 above
-* methods to improve the standing or membership of the Charity in the following year
-* methods to fulfill the purposes and aims of the Charity as outlined in Rule 2 above
-* Any decisions to be made will be made by vote, with a simple majority indicating a success.
+General Meetings must be announced to all current members via the Charity's direct email facilities, as well as any other current means of membership communication.  The first announcement must be made at least one month before the meeting; reminders shall be sent out at suitable intervals prior to the event using the same channels.
 
-The president of the Charity (or acting president if the president is unable to be present) has a casting vote.
+An AGM will cover topics including but not limited to:
 
-At an AGM, a quorum shall be 50% of the Charity membership, or 15 people, whichever number is smaller. Only those people who are paid members in the current financial year will be considered eligible to vote.
+* The state of the Charity with respect to membership changes.
+* Methods to improve the standing or membership of the Charity in the following year.
+* The state of the Charity with respect to its finances.
+* Results of actions conducted by the Charity pursuant to the purposes and aims of the Charity outlined in Rule 2 above.
+* Methods to fulfill the purposes and aims of the Charity as outlined in Rule 2 above.
+* Changes to the charter or rules of the Charity.
 
-Note that this clause does not preclude the guidelines in Rule 5 for changing the Rules or charter of the Charity: decisions which change the Rules or charter of the Charity still require a two-thirds majority.
+An SGM can be called to conduct any urgent Charity business that cannot wait until the AGM, and is of such significance that it requires the involvement of the all the members, including but not limited to:
 
-### Regular Meetings
-Regular meetings are to be held at a monthly interval. Announcement of meetings and the topic of the meeting will be made on the Charity mailing list at suitable intervals prior to the event, such as one week, two days, one day etc.
+* conducting any financial activity which cannot wait until the next general meeting.
+* disciplinary action to be taken against a Charity member.
+* changes to the charter or rules of the Charity.
+* any other matters requiring the attention of all members of the society which cannot wait until the next AGM.
+* An SGM can be called at the request of any committee member.  Any member of the Charity may call an SGM if backed by at least 10% of the Charity's membership.
+* Any decisions to be made at a General Meeting will be made by vote.  The method of voting will be defined in the announcement of the General Meeting.  Only paid members in the current financial year are eligible to vote.
 
-Regular meetings shall conduct of such content as is discussed by the Charity, including but not limited to:
+A simple majority will indicate the success of any motion put to vote, except in the cases specified in Rule 5. The president of the Charity (or the vice president in their absence) has a casting vote.  In the event of a draw, the motion must be deferred to a following General Meeting.
 
-* presentations on a suitable topic, preferably one which fits within the purposes and aims of the Charity
-* "hands on" technical assistance for all attendees. Such meetings are designed to help members and non-members alike with software written in the Python programming language.
-* other topics considered suitable by the Charity members, as indicated by a simple consensus.
-* Members and non-members alike can give or organise presentations or discussions.
+At a General Meeting, quorum shall be 50% of the Charity membership, or 15 people, whichever number is smaller.
 
-Additional regular meetings may be announced, if such a need arises.
+### Rule 6b
 
 ### Committee Meetings
-The Charity's committee shall meet once per month, either at the Regular Meeting for the month, or a separate date, time and location, at the discretion of the committee. Committee meeting details and a tentative agenda will be published to the Charity mailing list seven days prior to a committee meeting.
-
-The purpose of the Committee Meeting is to discuss matters pertaining to the ongoing running of the Charity. If a Charity member wishes to raise an issue at a committee meeting, they can give at least two day's notice to the Secretary, who will then put the item on the agenda and invite the member to the meeting if appropriate. Otherwise, committee meeting attendance is restricted to committee members.
-
-Only Committee members are allowed to vote at a Committee Meeting. The quorum will be four members of the committee.
-
-Minutes of committee meetings shall be made available via the Charity's electronic mailing list as soon as practical after the committee meeting.
-
-### Special General Meetings
-Special meetings are given notice to the Charity mailing list as is suitable to the nature of the meeting.
-
-The purposes of a special meeting is to conduct any urgent Charity business, including but not limited to:
-
-* conducting any urgent financial activity which cannot wait until the next general meeting
-* disciplinary action to be taken against a Charity member
-* changes to the charter or Rules of the Charity
 
-The committee can call a special general meeting by the request of any committee member. A member may call a SGM if backed by at least 10% of the Charity's membership.
+The committee shall meet on a regular basis (at least 10 times a year), to discuss matters pertaining to the ongoing running of the Charity.  Only committee members may vote at a Committee Meeting, with quorum being four members of the committee.
 
-At a SGM, a quorum shall be 50% of the Charity membership, or 15 people, whichever is smaller.
+If quorum is not reached after two attempts to convene a meeting, three Officers of the Charity - at least one of which must be the president or vice-president - may temporarily make quorum.  In this event, any decisions made must be unanimous, and the exercise of this power must be announced to the membership at each instance.
 
-### Electronic Mailing List
-The Charity will continue in its activities outside of organised meetings, in that its primary form of communication is via an electronic mailing list. This electronic mailing list (referred to as 'electronic mailing list' or 'mailing list' elsewhere in this document) is intended to be used for discussion including but not limited to:
-
-* discussion of activities falling under the objects of the Charity
-* official notification of meetings of all types
-* discussion of activities not included under, but directly and indirectly related to the goals and objects of the Charity
-* as a social environment for members and non-members of the Charity alike.
-
-An "acceptable use" policy is maintained by the committee of the Charity, and decisions on what are acceptable topics for the mailing list are made by the committee. The List Administrator of the Charity is responsible for enforcing these decisions.
+If a Charity member wishes to raise an issue at a committee meeting, they can give at least 3 business day’s notice to the Secretary, who will add the item to the agenda and invite the member to the meeting, if appropriate. Otherwise, attendance is restricted to committee members.
 
 ## Rule 7
-The officers of the Charity shall consist of a president, vice-president, secretary, and treasurer. The committee of the Charity shall include the above named officers, as well as 3 (three) extra members. The electronic mailing list is the primary means of communication and activity within the Charity. As the mailing list requires some administration, an ex-officio position of 'list administrator' will be appointed by the committee.
+
+The officers of the Charity shall consist of a president, vice-president, secretary, and treasurer. The committee of the Charity shall include the above named officers, as well as 3 (three) extra members.
 
 The officers and committee members shall be elected at an AGM or at a special meeting called for this purpose.
 
@@ -138,11 +141,13 @@ The standard term of appointment is one year, or until the next AGM, whichever i
 All officers must qualify under section 16 of the Charities Act, and corresponding forms must be signed to certify this.
 
 ## Rule 8
+
 The common seal of the Charity shall be held with the secretary.
 
-The seal can be used to verify documents on behalf of the Charity, either by the committee or officers of the committee at an AGM or special meeting, or by the president of the Charity if s/he deems it appropriate.
+The seal can be used to verify documents on behalf of the Charity, either by the committee or officers of the committee at an AGM or special meeting, or by the president of the Charity if they deem it appropriate.
 
 ## Rule 9
+
 The funds of the Charity shall be held under the control of the officers of the committee. The treasurer and secretary shall have joint required signing rights, and operate the bank accounts, handle investments, and make payments as needed.
 
 For the purpose of online credit/debit card payments - which require a bank account with a single signatory - a separate bank account can be operated by the treasurer alone. This account shall only be used for the purpose of making specific payments via credit/debit card, and only receives the required funds from the jointly operated bank accounts when necessary.
@@ -154,9 +159,13 @@ No member of the organisation or any person associated with a member shall parti
 Any such income paid shall be reasonable and relative to that which would be paid in an arms length transaction (being the open market value). The provisions and effect of this clause shall not be removed from this document, and shall be included and implied into any document replacing this document.
 
 ## Rule 10
-If the Charity ever needs to borrow money, the matter should be raised at an AGM for resolution. The purpose of the loan should be checked to ensure it lies within the objects of the Charity.
+
+If the Charity ever needs to borrow money, the matter must be raised at a General Meeting for resolution. The purpose of the loan must be checked to ensure it lies within the objects of the Charity.
+
+In this meeting, two proposals shall be voted upon: that the purpose is compatible with the objects of the Charity; and, separately, that the membership approves the Charity to seek the loan.
 
 ## Rule 11
+
 If upon the winding up or dissolution of the New Zealand Python User Group (Incorporated) there remains after the satisfaction of all its debts and liabilities any property whatsoever the same shall not be paid to or distributed among the members of the Charity but shall be given or transferred to some other organisation or body having charitable objects similar to the objects of the New Zealand Python User Group (Incorporated), or to some other charitable organisation or purpose, within New Zealand.
 
-_as of 05 February 2016_
+_as of 16th September 2020