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PPI Conference 2015/Statutes Amendments

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The deadline is June 5th 2015 23:59 CET

The current statutes and how they are voted on can be found here.

SAP-1 Admittance of Members

Title Admittance of Members
Sponsor Pirate Party of Germany (PPDE)
member of Pirate Party Thomas Gaul (Int. Coord. PPDE)

Gregory Engels (Int. Coord. PPDE)

Contact data thomas.gaul at piratenpartei . de

gregory.engels at piratenpartei . de

proposal ballot(s) Admittance of Members

Proposal:

Delete: "b) use the inflection of the word Pirate in their name," and change into:

IV. Ordinary Members

(1) The Ordinary Members are the founding Members and those accepted by the General Assembly according to section III, paragraph (4). To Ordinary Membership are eligible Members that

a) adhere to these statutes and the goals of the association as laid down by these statutes, and

b) have an inner order based on democratic principles.

__________________________________________________________

Current wording:

IV. Ordinary Members

(1) The Ordinary Members are the founding Members and those accepted by the General Assembly according to section III, paragraph (4). To Ordinary Membership are eligible Members that

a) adhere to these statutes and the goals of the association as laid down by these statutes,

b) use the inflection of the word Pirate in their name, and

c) have an inner order based on democratic principles.

reasoning and motivation

The sad reality has shown that some parties have trouble being registered with the name Pirates. So it had happened in the past with the Pirate Party of Russia [1] and also the Pirate Party of Taiwan [2]. There should be a way for such Parties that are "Pirate Parties by heart" to join as ordinary members of the Pirate Parties International without the need of bearing the "pirate" in their name. More important than the self inflicted label "Pirate Party" is the political compatibility of the applicants. Therefore we should and must examine such candidates with all scrutiny.

[1] https://torrentfreak.com/russia-orders-pirate-party-to-drop-pirate-from-its-name-140107/

[2] http://www.taipeitimes.com/News/taiwan/archives/2012/02/27/2003526490


SAP-1a eligible Ordinary members

Title Admittance of Members
Sponsor Czech Pirate Party (PPCZ)
member of Pirate Party Vojtěch Pikal (1. vice-chairman PPCZ)
Contact data vojtech.pikal at pirati . cz
proposal ballot(s)

Proposed wording with changes:

IV. Ordinary Members

(1) The Ordinary Members are the founding Members and those accepted by the General Assembly according to section III, paragraph (4).
(2) To Ordinary Membership are eligible Members organisations that

  • a) adhere to these statutes and the goals of the association as laid down by these statutes,
  • b) are established political party in their country,
  • b)c) use the inflection of the word Pirate in their name, and
  • c)d) have an inner order based on democratic principles.

Requirements b) and c) need not to be fulfilled by applicants if their country or state does not allow them to be fulfilled (or makes it very difficult for them).
(2)(3) There can be multiple Ordinary Members per sovereign state. In this case, the voting power of this sovereign state is split between these Members.
(3) The General Assembly is authorized to grant Member status in Pirate Parties International to any Pirate party , which subscribes to the association’s principles and accepts its statutes and internal regulations.
(4) Ordinary Members have the right to

  • a) sit and vote in the General Assembly,
  • b) nominate candidates for any body of the association, and
  • c) submit motions to the General Assembly.
reasoning and motivation

We understand the sad reality of troubles registering an Pirate party, or even a Party in some countries. But that does not mean, that we should overall resign to the idea that this is an Umbrella organisation for political Pirate Parties. More-over, when there is no definition of Pirate politics anywhere in the statutes. On what ground would we deny Membership to non-Pirate parties?
Works on the proposed manifesto (MO-8) has not yet even started.

SAP-2 Supportive Membership

Title Supportive Membership
Sponsor Pirate Party of Germany (PPDE)
member of Pirate Party Thomas Gaul (Int. Coord. PPDE)

Gregory Engels (Int. Coord. PPDE)

Contact data thomas.gaul at piratenpartei. de

gregory.engels at piratenpartei .de

proposal ballot(s) Supportive Membership

Proposal:

  • to ammend paragraph III as following:

III.

(4) The General Assembly is authorized to grant, at its own discretion, the applicant one of the following Member status in Pirate Parties International

a) Ordinary Member

b) Observer Member

c) Supporting Member

  • To include a new paragraph V.a after the current paragraph V with following wording:

V. a. Supporting Member

(1) Individuals and other organizations who care to actively support Pirate Parties International can become Supporting Member.

(2) Supporting Members shall be entitled to attend the General Assembly as non-voting participant. They shall not be entitled to vote unless they are appointed as delegates by a member organisation.

(3) The minimum annual subscription for Supporting Members shall be fixed by the Board.

(4) No Supporting member shall be accepted against the objections of an Ordinary Member of the country of applicants residence or of the Board of Pirate Parties International. In the case that no Ordinary Member exists in the country of applicants residence, admission is decided directly by the Board of Pirate Parties International. Details of the application and admission process shall be regulated in the Rules of Procedures of the Board.

(5) Member Parties are encouraged to solicit PPI supporting membership during their own regular campaigns.

  • To change the wording of the Paragraph VIII as following:

VIII

The Board keeps a Membership register at the PPI Headquarters of Pirate Parties International. This register lists the name, legal form, address of the registered office, identity of the representative and, where applicable, the registration number in accordance with existing legislation and regulations. All Members may consult the register of organizations at the registered office of the PPI Headquarters. "

__________________________________________________________

Current wording:

III.

(4) The General Assembly is authorized to grant, at its own discretion, the applicant one of the following Member status in Pirate Parties International

a) Ordinary Member

b) Observer Member

V. a.

Does not yet exist.

VIII

All Members may consult this register at the registered office of the PPI Headquarters.

VIII

The Board keeps a Membership register at the PPI Headquarters of Pirate Parties International. This register lists the name, legal form, address of the registered office, identity of the representative and, where applicable, the registration number in accordance with existing legislation and regulations. All Members may consult this register at the registered office of the PPI Headquarters.

reasoning and motivation

As decided at the online GA 2015:

"The PPI General Assembly should consider the inclusion of individuals and individual organizations as supporter members of PPI.

Individual ‘Global Pirate Membership’ from supporters. PPI should cultivate a global identity amongst Pirate supporters by soliciting individual membership fees equivalent to €10 per year. Member Parties should solicit PPI supporter membership during their own regular campaigns."

We were due to deliver a SAP to get individual people and other organisations involved.

We still think this this to be a good idea to get even more people involved in the work up front. Even a financial contribution - if so decided by the GA - will help PPI in its actual work.

SAP-3 Termination of Membership

Title Termination of Membership
Sponsor Pirate Party of Germany (PPDE)
member of Pirate Party Thomas Gaul (Int. Coord. PPDE)

Gregory Engels (Int. Coord. PPDE)

Contact data thomas.gaul at piratenpartei . de

gregory.engels at piratenpartei . de

proposal ballot(s) Termination of Membership

Proposal:

Change:

VII. Termination of Membership

(1) Any Member may resign from Pirate Parties International at any time. The Member gives notice to the Board of the decision to resign. This shall be done in a traceable way. Members that resign are obliged to fulfill their financial obligations toward the association for all previous years.

Add:

VII. Termination of Membership

(4) Resigning, deceased / dissolved / bankrupt or excluded members and their successors or rightful claimants shall have no entitlement to the assets of the Association.

(5) They may not claim restitution or reimbursement of membership fees or payments made.

(6) They may not demand or claim a report, statement of accounts, sealing or inventory.

__________________________________________________________

Current wording:

(1) Any Member may resign from Pirate Parties International at any time. The Member gives notice to the Board of the decision to resign by registered letter. Members that resign are obliged to fulfill their financial obligations toward the association for all previous years.

-

reasoning and motivation

Legal liabilty protection is given to PPI with adding these paragraphs. Also the requirement of sending a "registered letter" was to high of an obstacle for some former PPI Members, it is no real need for such a hurdle, in the age of electronic communication.

SAP-4 One Chair, one vice-Chair

Title One Chair, one vice-Chair
Sponsor Pirate Party of Germany (PPDE)
member of Pirate Party Thomas Gaul (Int. Coord. PPDE)

Gregory Engels (Int. Coord. PPDE)

Contact data thomas.gaul at piratenpartei . de

gregory.engels at piratenpartei . de

proposal ballot(s) Composition of Board

Proposal:

  • Change the wording of Paragraph XXII section (3) and (4) as following:

XXII. Board

(3) The Board is composed of:

a) one Chairperson,

b) one Vice-Chairperson,

c) five additional Board Members

(4) The Board elects among the Board Members

a) a Treasurer and

b) a Chief of Administration

c) a Chairperson or Vice-Chairperson if the seat became vacant

No Board Member shall fulfil more than one office.

__________________________________________________________

Current wording:

XXII. Board

(3) The Board is composed of:

a) two Co-Chairmen,

b) five Board Members

(4) The Board elects among the Board Members

a) a Treasurer and

b) a Chief of Administration

No Board Member shall fulfil more than one office.

reasoning and motivation

Out of living practice among the PPI board there had had been no positive outcome from having two chairs. On the contrary the situation that two co-chairs have shared responsibilities have led sometimes to conflict situation, where any responsible action was avoided. A living and vital leadership is necessary to have a working board.

From the experience from last year some regulation has to be found if a Chair becomes vacant.

SAP-4a Board composition fix

Title Further board members
Sponsor Czech Pirate Party (PPCZ)
member of Pirate Party Vojtěch Pikal (1. vice-chairman PPCZ)
Contact data vojtech.pikal at pirati . cz
proposal ballot(s)

Subsidiary motion to change proposal:

change: "XXII. (3) c) five Board Members" -> "XXII. (3) c) five additional Board Members"

reasoning and motivation

Adding a word to the composition of board will make it understandable, that:

  • a) Chairman (and vice chairman, Treasurer) are board members
  • b) when we do speak about all board members and when about the additional


SAP-4b Composition of the Board

Title Composition of the Board
Sponsor Pirate Party Norway
member of Pirate Party Raymond Johansen
Contact data
proposal ballot(s) The Motion SAP-4 is amended as follows:

(5) To safeguard the diversity and the international character of the organisation only one officer of the same nationality may be elected in the board of PPI. If two nominees of the same nationality would receive the needed votes to be appointed in the board only the nominee first elected in case of sequential elections or the nominee with the most votes in case of a simultaneous election will be appointed.

An alternative member can only take his place in the board if no other member in the board has the same nationality.

reasoning and motivation see SAP-6

SAP-5 Term of Office

Title Term of Office
Sponsor Pirate Party of Germany (PPDE)
member of Pirate Party Thomas Gaul (Int. Coord. PPDE)

Gregory Engels (Int. Coord. PPDE)

Contact data thomas.gaul at piratenpartei . de

gregory.engels at piratenpartei . de

proposal ballot(s) Term of Office

Proposal:

Change and add XII. Board

XII. Board

(2) The Board and the Alternate Members are elected for two years by the General Assembly at the regular sessions or if an extraordinary session is requested for that purpose.

(2a) This rule applies only once: At the next regular session, every secondary seat of the Board and the Alternate Board - according to the number of their previous votes - will be new elected due to establish a rotating system. In case of a tie at the previous votes a decision is taken by drawing lot.

__________________________________________________________

Current wording:

XII. Board

(2) The Board and the Alternate Members are elected by the General Assembly at the regular sessions or if an extraordinary session is requested for that purpose

reasoning and motivation

Given the complex task of running the PPI as an international organization requires the transfer of know-how and skills among the board members. It is good practice to introduce a rotation among the board members by electing every year only a part of it (as practiced for example by the Pirate Party of Sweden). For the first year that we want to introduce this rotation, its brings some challenges of how to transit to the new regulation, for that a "one time" provision is needed.

SAP-5a Board Terms counter proposal

Title Further board members
Sponsor Czech Pirate Party (PPCZ)
member of Pirate Party Vojtěch Pikal (1. vice-chairman PPCZ)
Contact data vojtech.pikal at pirati . cz
proposal ballot(s)

The general assembly decided:

  1. to change article XXI. Board of its statutes as follows:
    • Number XXI.(2) now reads: (2) The Board and the Alternate Members are elected for two years by the General Assembly at the regular sessions or if an extraordinary session is requested for that purpose.
    • Number XXI.(6) now reads: (6) If one seat of the Board becomes vacant, one of the Alternate Members shall follow-up according to order on a list; the order shall be determined by Board election results.
  2. to change Article 6a) of its Rules of Procedure as follows:
    • letter Art. 6a. 6(c) now reads:
      • c) Election consists of two rounds of voting.
        • i) If fewer candidates than to be elected receives a majority of the votes, they are elected. Abstentions are not taken into account. Otherwise, a second round is held.
        • ii) In the second round each voter may give preferential vote to as many candidates as should be elected. Candidates are elected in order of the number of preferential votes, in case of equality in the number of votes from the first round and then by lot.
    • new number 7 of Art. 6a. is added that reads: 7. Candidates for board members, that has been selected for second round(Art. 6a (6(c)i))) but not elected, are elected as Alternate Members of the Board and added to the end of Alternate Members list in determined order from second round of elections(Art. 6a (6(c)ii))). If person from the list is later elected to Board, they are omitted from the list.
    • current number 7 of Art. 6a. is renumbered to 8.
  3. to establish the rotating system, that persons elected as Chairman and last three additional Board members and second half of Alternate Members of the board on this assembly are elected only for an year.

__________________________________________________________

Proposed wording with changes:

Statutes

XII. Board
(2) The Board and the Alternate Members are elected for two years by the General Assembly at the regular sessions or if an extraordinary session is requested for that purpose.
(6) There shall be four Alternate Members of the Board. If one seat of the Board becomes vacant, one of the Alternate Members shall follow-up according to order on a list; the order shall be determined by Board election results. The position of the Alternate Members on the list shall be determined by approval voting.

Rules of Procedure

Art. 6a Elections
6. Election Method

  • a) Before the voting, the number of elected positions should be decided, if Statutes require to do so.
  • b) Every Ordinary Member may vote "yes" for any number of candidates.
  • c) The candidates that has achieved a simple majority of the "yes" votes from Ordinary Members present or represented and voting on them are elected in the order determined by number of "yes" votes accumulated. Abstentions are not taken into account. In event of a tie where order matters, deciding elections are held, where only one "yes" vote per Ordinary Member can be cast.
  • c) Election consists of two rounds of voting.
    • i) If fewer candidates than to be elected receives a majority of the votes, they are elected. Abstentions are not taken into account. Otherwise, a second round is held.
    • ii) In the second round each voter may give preferential vote to as many candidates as should be elected. Candidates are elected in order of the number of preferential votes, in case of equality in the number of votes from the first round and then by lot.
  • d) If the decided number(Art. 6a (6(a))) of positions is not filled, additional round of elections is held unless decided otherwise.

7. Candidates for board members, that has been selected for second round(Art. 6a (6(c)i))) but not elected, are elected as Alternate Members of the Board and added to the end of Alternate Members list in determined order from second round of elections(Art. 6a (6(c)ii))). If person from the list is later elected to Board, they are omitted from the list.
7.8. Other provisions from Art. 6 apply accordingly.

reasoning and motivation

The original proposal would create two (or more) buffers of Alternate Board members, witch would result in chaos. So we create only one list. On the list will end, everyone who candidated to the board position and has support of half of the electors.

Moreover, we create better election method.

And we dont put an statement into the statutes, that will be obsolete in a year.


Amendments received after the deadline

SAP-6 Composition of the Board

Title Composition of the Board
Sponsor Pirate Party Belgium (PPBE)
member of Pirate Party Kjell Segers (International Coördinator PPBE)
Contact data kjell at pirateparty. be
proposal ballot(s) Add the following to the statutes:

XII. Board

(8) To safeguard the diversity and the international character of the organisation only one officer of the same nationality may be elected in the board of PPI. If two nominees of the same nationality would receive the needed votes to be appointed in the board only the nominee first elected in case of sequential elections or the nominee with the most votes in case of a simultaneous election will be appointed.

An alternative member can only take his place in the board if no other member in the board has the same nationality.

reasoning and motivation

PPI is an international organisation and this should also be represented in the composition of the board.

The board should represent all its members and this can best be achieved if it consists of as much different nationalities as possible.


SAP-7 Composition of the Council of Court of Arbitration

Title Composition of the Council of Court of Arbitration
Sponsor Pirate Party Belgium (PPBE)
member of Pirate Party Kjell Segers (International Coördinator PPBE)
Contact data kjell at pirateparty. be
proposal ballot(s) Add the following to the statutes:

XIVa. Court of Arbitration

(10) To safeguard the diversity and the international character of the organisation only one officer of the same nationality may be elected in the Council of the Court of Arbitration. If two nominees of the same nationality would receive the needed votes to be appointed in the Council only the nominee first elected in case of sequential elections or the nominee with the most votes in case of a simultaneous election will be appointed.

reasoning and motivation

PPI is an international organisation and this should also be represented in the composition of its bodies.