User:Ariyen/Bylaws/EPA

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Executive Powers Act

Pretext

The Executive Powers Act is the formalization in writing of the Presidential Office of UCIP’s authority, in regards to daily operational authority, and pre-described boundaries of the Presidential remit.

This act merely formalizes un-written agreements from the past eleven years, in regards to the Commander-in-Chief’s role within UCIP, and in so doing, allows for strict measures and controls of the Presidential office of UCIP. This document will create safeguards and democratic accountability of the President and Vice-President to the Staff body.

Article One – Disciplinary Authority

The President of the United Confederation of Planets (henceforth referred to as UCIP) will be last line in disciplinary authority within the organization. Rulings past down by the President may not be appealed against, overturned or otherwise altered by any other body within the organization. This however, must be in accordance with predetermined “Chain of Command” procedures for adjudicating disputes. The Office of the President may only become involved in a disciplinary situation if one or more of the following criteria are met:

  • If the matter has failed to be resolved at SIM Lead, Section Management and Divisional Command levels.
  • If the level of the infraction was committed at an organization level. (e.g. abusive conduct within a UCIP public channel)
  • If the infraction was of such seriousness that it can only be dealt with by Presidential authority.

All disciplinary actions must be laid out in an email and sent to advisors@ucip.org. If the staff body feel that the punishment handed down by the President was too severe or is in breach of this article, a majority vote may overturn the decision, and force the issue to be dealt with by the full staff body.

Article Two – Divisional Oversight

The Office of the President of UCIP, which includes the Vice-President, shall have complete operational oversight over each Division within UCIP, and has the authority to monitor all internal activity from day-to-day. They are to require regular progress updates from Divisional Directors and their staff, as well as oversee internal operations with the following stipulations. The President & Vice-President can place staff officers under internal review for poor performance, and this must be done prior to any removal from office.

It should be stressed in this article that the President does not have the authority to directly interfere in the internal management of any Division, Section or SIMulation within UCIP. There are, however, stipulations to this mandate:

  • If the President/Vice-President feel that there is an issue that needs to be dealt with, and also feel that specific management is unaware of this issue, they must raise it with the appropriate level of management. If a SIM is not performing well, they must raise this with Section Management, and also inform Division Command. If this is further not rectified, they may issue an order requiring Divisional intervention if this has not already occurred.
  • The President & Vice-President may remove a SIM Leader, Section Manager, Divisional Director or any supporting staff, under reasonable grounds. The reasons for removal must be outlined before removal, and there must have been two written warnings issued regarding a pending removal before one may be authorized. This authority however, is strictly regulated and must not be used unless there are mitigating circumstances that prevent the next tier of management from being able to execute this removal first. The only exception to this is Divisional Directors, where the President & Vice-President are the highest tier.

This is superseded however if the removal is on behavioral grounds, in which case, see Article One for administrative oversight.

Article Three – Presidential Appointments

The President of UCIP has the power to create new offices of authority within UCIP at any level, and nominate an appointee. This appointee must be approved by a majority of the senior staff prior to actual installation in office. This office’s remit must be clearly detailed to the staff over the staff@ucip.org list, and a period of 72 hours must be allowed between notification and creation, to allow ample time for staff officers to ask questions related to this creation and/or appointment.

The President of UCIP appoints all Divisional Directors without approval of the staff body, but it is mandatory for this appointment to be made in consultation with senior members of the Division in question prior to the appointment.

The appointment of the Vice-President of UCIP must be made with full support of the senior staff of UCIP prior to appointment. This is in contrast to a majority ruling which is required normally. The Vice-President must carry the confidence and authority of the senior staff, and as such, must be approved by all members of the staff.

Article Four – Presidental Election

The office of the President of UCIP is an elected office, whose holders are entitled to a twelve month tenure in office before being called to re-election.

Elections of the President of UCIP are started no later than one month before the end of the current incumbents term in office, where applications are called for by the Director of UCIP Services & Administration. The application process will last for no longer than seven days. The applications must outline all intended goals and targets for office, as well as mention their Vice-Presidential candidate on the application. After which the applications will be displayed publically on the Presidential website for all to see. There will then be a voting period of no less than fourteen days, where every SIM in UCIP is entitled to ONE vote. The vote will be cast to a pre-determined closed list, which holds only the Director of Services & Administration. After the voting period has elapsed, a period of seventy-two hours is given for the collecting and announcing of the result.

If the incumbent is re-elected, they will resume a further twelve-month tenure. If however, the incumbent is replaced for whatever reason at the end of the election, there will be a run-in period of five days before the new President is officially given command of the organization, where the President-Elect will work with the Former-President, in a hand-over period. This is to allow for a smooth transition, and for the appointment of replacement staff if necessary, as well as sufficient time to find and approve a new Vice-President. The old Vice-President will leave office with the Former President.

In the case of the President resigning from office before their term in office has ended, or they are removed for violations of their office, the Vice-President will become the new President, and will carry on until the end of the previous President’s term in office. If the Vice-President is unable or unwilling to assume this role, the Director of Trek Operations will assume the position of Interim President until a full election has been called and concluded.

The term for President of UCIP starts from 00:00 EST 1st August till 23:59 EST 31st July. This means that elections begin around 30th June, so that this hand-over can occur. In the event of an early election due to the reasons stated above, the term will still last until these preset dates. This is to avoid dealing with elections over the Thanksgiving, Christmas, and New Year period, which is a slow-down period for everyone.

It is possible that there may be some issues, which these points will attempt to cover:

  • In the event of the Director of Services & Administration is one of the nominated candidates for President or Vice-President, then a senior member from the Services Division who is not being considered for Presidential or Vice-Presidential nomination will fill in the role.
  • In the event that the Director of Trek Operations wishes to apply for the role of President of UCIP or Vice-President, in the event of a refusal by the VP to assume office, then this burden will fall to the Director of Independent Simming or Director of Services & Administration. If all three Divisional Commander’s are vying for the role, then an independent senior member will be asked to fill in for the election period, of the senior staff’s joint approval.
  • In the event that only the incumbent President has applied for the presidency, the senior staff will hold a formal vote to confirm the President. This is to be done as a simple vote by the vote-casting members of the staff body, by any means they choose to come to this conclusion. The incumbent President will then resume another 12 month Presidency until the 30th June of the following year.
  • In the event that only one applicant is received for the Presidency, and the incumbent has chosen not to stand for re-election, then a formal electoral vote is held but the applicant must receive a 51% share of the vote from those who vote in the election. If the applicant does not, then a further call for applications is made. If more applicants apply, another formal election can be held. If however, no further candidates are found, then the senior staff must adjudicate the situation and make a ruling based on the circumstances.
  • In the event that no candidates are received, and the incumbent does not choose to resume his duties, then the position will be placed into holding by the most senior Division Commander, as council leader, and assume the responsibility of Chairman of the Staff until a suitable President can be found. In the event that only one person can be found, the senior staff will adjudicate the matter and make a ruling based on the circumstances.

Article Five – Removal of the President or Vice-President of UCIP

If the President of UCIP fails to uphold their duty to execute the office of President faithfully, honestly, and loyally to UCIP and her Bylaws, then the President may be removed from office.

The method of removing an incumbent President from office is not one to be considered lightly. It will require no less than two of the three Divisional Directors to call for a Vote of No Confidence in the President of UCIP. Once this has happened, the President is suspended from all duties, and has all database accesses removed. The Vice-President will then fill in as Interim President during the voting period.

A Vote of No Confidence requires a majority vote of all the SIMs of UCIP to remove the President of UCIP. The vote will be tallied by the Director of Services & Administration, and the results will be published accordingly. This voting period cannot last any longer than seven days. If the result shows that the President is to be removed, then officers of the organisation will fall back to article four of this act for how to proceed.

If the Vice-President has acted in a manor that is not befitting the holder of the office, then the President may remove the Vice-President from office, providing they receive full support of the senior staff before doing so.

Stipulations of the article:

  • The Vice-President may not engage or enter into a Vote of No Confidence against the President.
  • The President may not remove Divisional Directors if the Vote of No Confidence fails, on the grounds of revenge or malice. If a Vote of No Confidence is called, but is lost, then the President must work with the staff to rectify the mistakes that lead to this situation.
  • The Vote of No Confidence is not to be used as a weapon to control the President by the Senior Staff. If this is evident, then the staff members in question will be removed from office with immediate effect.

Article Six – Presidential Awarding and Promotions

The President of UCIP may hand out any official UCIP award to any member of the organization as they deem necessary. They are not restricted to the Presidential level awards.

The President of UCIP may approve any and all promotions to the grades of O8 and O9 within UCIP. This is following the implementation of the Universal Promotion Policy in January 2009.

Article Seven – Executive Orders

The President of UCIP may issue executive orders for operational policies and procedures across all of UCIP, and must be enforced by all UCIP Staff officers. However, an order may be challenged on staff@ucip.org by any member of the staff body, where the President must justify his reasons behind the order. If the order is considered to be unlawful, it will be repealed by a majority vote of the Senior Staff.

Executive Orders are either standing orders or time specific orders, but will elapse upon the President who ordered them leaving office or at a re-election. If the incumbent is re-elected, they may re-issue the Executive Order if they so choose. Time specific orders must carry a start and end date of the effectiveness of the order.

Closing

Whilst the President & Vice-President of UCIP have wide-ranging powers of oversight, control, appointments, orders and awarding, they must submit to the will of the Senior Staff and the Organization membership body at all times. The office is restricted in its activities by strict democratic safeguards. Any action taken by either the President or Vice President publicly is entitled to be called into question by the Senior Staff acting either on their own initiative, or representing the voice of concerned members of the organization.

This in no way impinges on the pre-established authorities & limitations of this office and all other offices outlined in the 2008 UCIP Constitution and Bylaws.