The Band Guild, Chesapeake (PaxLair Times) – April 19, 1998 – entered into record by Winfield —
The Band Charter
(ratified by The Band Members on April 19, 1998)
SECTION 1. PRELUDE
1.1 This Charter outlines The Band as a club in “real-life.” It does not define specific activities in a particular game. The Band exists as an Internet-based gaming club (hereafter referred to as “guild”). Specific activities in a game are outlined in various other documents, such as game policies and guidelines.
1.2 While this Charter is as complete and unambiguous as possible, additional documents are needed to further define and clarify certain points. Also, the definitions may change at times and not require a new Charter approval.
1.3 This Charter allows for the creation of guild policies and guidelines for guild management and gameplay.
1.3.1 No policies will be approved or enforced that conflict with this Charter or other approved policies. The Charter (see Section 7) or the conflicting policies must be changed before approving or attempting to enforce the new policies. Guidelines, directions, or instructions from any Members will not violate the Charter or policies.
1.3.2 Only the Charter and approved published policies are directly enforceable upon Members of the guild. Guidelines are not enforceable upon the Members, but rather serve as guides. Any desired enforceable features of guidelines must be placed directly in approved published policies.
1.4 The essence of this Charter establishes a constitutional framework with an authoritarian system where most power resides with the Band Leader.
1.5 Use of the name “The Band” is not intended to infringe on any copyrights or trademarks. This is an unofficial, volunteer gaming club and does not claim any rights to its name.
SECTION 2. DEFINITIONS
2.1 Advisors – any Member appointed by the Band Leader to advise him/her as desired.
2.2 Applicants – people who have successfully submitted a properly filled-out application for Band membership.
2.3 Approvals and votes (official votes made for 7-days via a manual or automated voting booth will be through private ballet):
2.3.1 Band Leader Directive – a simple enforceable directive from the Band Leader within his/her authority as stated within this Charter.
2.3.2 Simple Majority – a vote in which “passing” is obtained by the numerical count of “Aye” votes exceeding the “Nay” votes. For example, of there are 20 people voting, and there are 5 Aye, 4 Nay, and 11 abstentions or non-responses, the motion is passed.
2.3.3 Full Majority – a vote in which “passing” is obtained by the numerical count of “Aye” votes exceeding one-half (50 percent) of the number of Members. For example, if there are 100 members in the guild, 51 Ayes are required to pass.
2.3.4 Full Two-Thirds Majority – a vote in which “passing” is obtained by the numerical count of “Aye” votes exceeding two-thirds of the number of Members. For example, if there are 100 members in the guild, 67 Ayes are required to pass.
2.4 Assembly – Members forum to discuss guild issues.
2.5 Band Court – body of Members to review Member violations of the Charter and policies as well as consistency of policies to the Charter and previous policies.
2.6 Band Internet Resources – any Internet resource directly controlled by the guild. Examples include Internet Relay Chat (IRC) channels and web sites containing guild-related information. This does not imply any physical or legal right to a resource owned by a Member or organization which has voluntarily offered the resource to be used by The Band.
2.7 Band Leader – the Leader of The Band.
2.8 Band Leader’s Term of Office – six months.
2.9 Band-supported game – the multi-player game selected by The Band and to support its Members in game-play.
2.10 Chief of Staff – the assistant Band Leader and second in charge of the guild.
2.10 Game – The Band-supported game.
2.11 Guild – a real-world Internet-based gaming club, known as The Band.
2.12 Leaders – Members who have leadership roles in guild management or in-game.
2.13 Members – fully accepted members of The Band.
2.14 Mission Statement – a statement of goals and objectives for the guild and playing the game.
2.15 Non-members – Applicants and people who are not Members of the guild.
2.16 Staff – Leaders, Advisors, and Department Heads appointed to their positions by the Band Leader.
2.17 Policies – binding directives that must be followed by all Members. These include guild and gaming policies.
2.18 Publications – any publication in written or electronic form.
2.19 Publish – the act of publishing documents as an official document within The Band.
SECTION 3. OF THE BAND AND ITS PURPOSE
3.1 The Band is a non-profit, non-commercial, voluntary guild that does not discriminate based on age, sex, religion, creed, or nationality. The Band does not levy any monetary fees to belong to this guild. The Band and its Members vow to restrict use of all Band Internet resources to the PG-13 rating level, however the actual game being played by The Band may be rated at a higher level; The Band has no direct control over activities in a multi-player Internet game.
3.2 The Band’s purpose is to create an Internet-based environment for its Members to have fun and make new friends while playing an Internet-based computer game as a group. To do this, The Band offers an organized way for Members to communicate with each other, assist each other in gaming tips and strategies, play together in a multi-player Internet game, and be involved in guild management and game-play leadership.
3.3 The Band as a guild will only be involved in one Internet-based game at any given time. The Band is a Player Guild, not officially sanctioned by any organization or game. Members are still free to play other games, but organized guild activities and support will take place in only one game at any time. The Band may switch to another game only by a successful two-thirds majority vote of the Members.
SECTION 4. OF THE MEMBERS AND APPLICANTS
4.1 Rights – All Members:
4.1.1 have the right to express their opinions within The Band. All Members must observe and respect this right. Applicants have the right to express their opinions within The Band, however, Applicants may be excluded from Member-Only discussions.
4.1.2 have the right to participate in Assembly meetings. Assembly meetings can be called and organized by any Member to discuss any topics of interest related to The Band, its activities, and its policies. Assembly meetings are usually only for Members, however non-Members may be invited with the consensus of the participating Members. Policies outlining password and key protection of Band Internet resources must be followed. Assemblies have no policy-making authority; they are ‘think-tanks’ where all Members can state their opinions on the issues and proposed policies. An Assembly will produce a proposal to be given to the Band Leader for consideration.
4.1.3 formally accused of violating the Charter or policies have the right to be notified privately of the accusation, review evidence of the case, submit defending evidence or testimony, and make rebuttal statements. The Member does not have the right to know the sources of evidence in the case, including the identities of investigators.
4.1.4 have the right to create and distribute publications regarding the guild or game-play which do not violate this Charter, policies, or copyright laws.
4.2.1 Members have the privilege of receiving special access to The Band Internet resources, but this is not a right. Access may be revoked at any time without notice by the Band Leader, his designee(s), or the Internet resource owner.
4.3.1 Respect is paramount. A Member’s/Applicant’s right to his opinion does not include insults, threats, or disruption toward other Members/Applicants, The Band, and their activities. All disagreements must be made in a rational and calm manner.
4.3.2 All statements, publications, conversations, and actions of Members when representing himself/herself as part of the guild will restrict themselves to the PG-13 standard as established in the U.S. entertainment industry while using Band Internet resources.
4.4.1 All Members must be dedicated to the guild. Members will not belong to other player guilds or clubs within The Band-supported game.
4.4.2 Members will dedicate a greater portion of their game-time in The Band-supported game to play with and support other Band Members, as defined in policies.
4.4.3 All Members, whether they subscribe to play the Band-supported game or not, will participate actively in Band activities and discussions, as defined in policies.
4.4.4 “Honor Code”: Any Member observing or receiving second-hand knowledge of another Member violating points in this Charter or policies should report their observation to The Band Court.
4.4.5 Members must protect The Band’s gaming strategies and “secrets” from other guilds and non-Band members.
4.5 Termination of Membership in the Guild:
4.5.1 Any Member violating any points in this Charter or policies may be subject to immediate expulsion or suspension from the guild.
4.5.2 Any Member may resign from the guild at any time by notification according to prescribed policies.
SECTION 5. OF THE EXECUTIVE POWER
5.1 The executive power is held by the Band Leader.
5.2 Rights – the Band Leader:
5.2.1 has the right to choose members of his Staff, as well as the right to relieve them. The Band Leader will outline specific duties and authorities for each Staff member.
5.2.2 makes all policies for The Band with recommendations and advice from the Assembly through Assembly meetings and individual Member feedback.
5.2.3 has the right to not allow a vote to take place without his/her express support that the vote take place. Exceptions include voting for a new Band Leader and voting to oust the Band Leader.
5.2.4 has the right to resign from the Band Leader position and an obligation to follow the requirements of Section 5.5.
5.3.1 All policies from a previous Band Leader apply until formally rescinded.
5.3.2 The Band Leader may not publish policies that the Band Court determines conflict with the Charter or previously published policies.
5.4 Responsibilities – the Band Leader:
5.4.1 is responsible for the efficient and organized operation of the guild.
5.4.2 will publish the specific mission statement for the guild within 30 days of becoming the Band Leader. The mission statement will provide the overall goals and focus for the guild and playing in the game.
5.4.3 will appoint a Chief of Staff within 30 days of becoming the Band Leader. The Chief of Staff will receive specific duties from the Band Leader. The Chief of Staff is automatically appointed as the Chief Justice of The Band Court.
5.4.4 will publish a report on the status of the guild to all the members on a monthly basis.
5.4.5 will ensure Applicants are processed in an efficient and timely manner, and Applicants are accepted according to published standards and criteria.
5.4.6 will ensure Members are contacted regularly to assess Member activity.
5.5 Change of Band Leader:
5.5.1 Band Leader Elections: The Band Leader is elected by the Band Assembly every six months or when a state of Anarchy is declared. Any Member may be nominated for the Band Leader position. An independent Member will need to volunteer to run the election as the Election Official. There will preferably be several several candidates for Band Leader. Lobbying and debates are encouraged before the election. When ready, the Election Official will send a mass email to all Members describing all candidates and platforms. The election will run for a 15-day period and votes will be tallied and published (without revealing who voted for whom). Elections will be narrowed to two candidates and a final election will take place for 15-days requiring a simple majority approval vote from the Band Assembly. It is best to have a Band Leader elected before the end of the previous Band Leader’s term of office to provide a transition. The new Band Leader’s term of office will start when sworn in by the Chief Justice at the end of the previous Band Leader’s term of office or immediately upon election results when in a state of Anarchy.
5.5.2 Band Leader Resignations: If the Band Leader officially resigns he must appoint a new Band Leader and obtain simple majority approval of the Assembly to serve out the rest of the old Band Leader’s term of office. The resigning Band Leader has 15 days to appoint a new Band Leader and approval must be achieved within 30 days of the resignation. Several iterations of appointments and attempts for approval can be made up to a period of 30 days since the resignation. If either time limit is exceeded, the Chief of Staff is automatically appointed the new Band Leader and must obtain membership approval according to section 5.5.4 below. The Band Leader may not rescind his/her official resignation without approval.
5.5.3 Ousting the Band Leader: The Band Leader may be forced out of office in two ways:
by a full two-thirds majority vote of all the Members in the guild through a verifiable 7-day vote of the full Assembly (the Band Leader may not block this vote), or
by being absent for more than 30 days (the Band Court will determine if the Band Leader has been absent and not carried out his/her duties).
If the Band Leader is ousted, a state of Anarchy is declared.
5.5.4 Chief of Staff Becomes Band Leader: If the resigning Band Leader does not appoint and obtain approval of a new Band Leader as outlined in section 5.5.2, the Chief of Staff is automatically appointed the Band Leader and must obtain simple majority approval to serve out the remainder of the old Band Leader’s term of office. If the Chief of Staff does not accept the automatic appointment within 15 days, a state of Anarchy is declared and section 5.5.5 is followed. If the Chief of Staff rejects the automatic appointment, a state of Anarchy is also declared.
5.5.5 Anarchic State of Affairs: If the above points do not successfully achieve approval of a new Band Leader or the Band Leader is ousted, a general election is held.
SECTION 6. OF THE JUDICIAL POWER
6.1 The judicial power is held by the Band Leader with the assistance of The Band Court.
6.2 The Chief of Staff is the Chief Justice of The Band Court. Any Member can hold a position on The Band Court. The Chief of Staff approves the Justices.
6.3 Responsibilities – The Band Court:
6.3.1 investigates and deliberates over cases where Members are suspected or accused of violating the Charter or guild policies. The Court does not make final decisions, but only recommendations to the Band Leader who makes the final decision. The Band Leader makes the final decision on each case and punishment.
6.3.2 reviews all guild policies for consistency with the Charter and previously published policies before they are published.
6.4 Court Procedures:
6.4.1 the Band Leader will establish and publish Band Court procedures that will be followed for suspected Member violations of the Charter or policies.
6.4.2 the Band Leader will publish a final report detailing the accusations, evidence, his/her verdict, his/her rationale for the verdict, and statement of punishment.
6.4.3 The Chief of Staff will establish and publish Band Court procedures for reviewing all guild policies for consistency with the Charter and previously published policies.
SECTION 7. OF THE MODIFICATION OF THIS CHARTER
7.1 Any Member can propose amendments and revisions to this Charter and call a vote through the Assembly for approval. The revised Charter comes into affect after a full two-thirds majority approval of the Members.
7.2 Administrative modifications to terminology, phrases, and typographical mistakes that do not change the meaning of the Charter may be made without approval. Any Member may submit a claim to the Band Court for review of administrative changes versus the previous version of the Charter.
7.3 Portions of policies approved before a revision to this Charter that conflict with the new Charter are null and void. Such policies must be rewritten, approved, and published.