Merge pull request #9 from codeuniversity/amendment--online-votings

Amendment to Legitimize Online Voting

Author: hannogrimm

rules-of-procedure/README.md

@@ -8,10 +8,11 @@ This repository shall serve as the interface for discussions around future amend
 Therefore, Amendments to the Rules of Procedure can be directly suggested via this platform. Follow the Contributing Guidelines further below to start partcipating here or learn about alternative ways to suggest changes.
 
 ## Latest Version
-* **[v1.2 (Latest)](rules-of-procedure.md)**
+* **[v1.3 (Latest)](rules-of-procedure.md)**
 
 
 ## Archive
+* [v1.2](archive/v1.2.md)
 * [v1.1](archive/v1.1.md)
 * [v1.0 (Initial)](archive/v1.0.md)
 

rules-of-procedure/archive/v1.2.md

@@ -0,0 +1,325 @@
+# Rules of Procedure of the Student General Assembly of the CODE University of Applied Sciences
+
+From December 18, 2020
+
+Remark:
+
+The term “ROP-motion” stands for “Rules of procedure motion” and is explained in §9.
+
+
+# I. General information
+
+
+## 1 - Voting, speaking and proposing rights
+
+
+### Members
+
+(1) Votes, speeches and motions can be cast by members of the student body (as defined in the statute of the student body).
+
+
+### Non-members
+
+(2) Other persons may, by resolution of the Student General Assembly, have the right to speak (ROP-motion) or right to propose motions (ROP-motion). The right of non-members to propose motions does not include motions concerning the rules of procedure.
+
+
+## 2 - Chairing of meetings
+
+The chair of the meeting convenes the meetings, proposes the agenda of the meeting and implements the resolutions.
+
+
+## 3 - Rules of Procedure
+
+
+### Design, deviation, modification
+
+Doubts concerning the interpretation of the Rules of Procedure shall be decided by the chair. The Student General Assembly decides, in case that within the session management no agreement is reached. About deviations on a case-by-case basis and on amendments to the Rules of Procedure the Student General Assembly decides.
+
+
+## 4 - Protocol
+
+
+### Protocol content
+
+(1) A protocol of each meeting shall be taken by the chair of the meeting
+
+which contains the following information:
+
+
+1. place, beginning and end of the meeting,
+
+
+2. the number of attendees,
+
+
+3. a list of the items on the agenda,
+
+
+4. the wording of the resolutions, stating the person submitting the motion and the result of the vote, with exception to motions for the adoption of rules of procedure,
+
+
+5. the result of elections, stating the number of votes cast for the individual members
+
+
+6. protocol declarations pursuant to § 11 point 7.
+
+
+### Approval
+
+(2) The protocol is to be attached on the invitation of the next meeting and approved in it.
+
+
+# II. Meetings
+
+
+## 5 - Convocation
+
+
+### Invitation
+
+(1) A meeting shall be convened by the student council via email. The invitation must have attached the agenda and the consultation documents.
+
+The invitation is to be sent at the latest on the 7th day before the day of the meeting to the members of the Student General Assembly.
+
+
+### Urgency Invitation
+
+(2) In case of particular urgency, the time limit pursuant to point 1 shall not apply.
+
+In this case, the meeting shall be deemed to have been duly convened, if a quorum is established at the beginning of the meeting and the urgency is determined by resolution.
+
+
+## 6 - Agenda
+
+
+### Agenda motions
+
+(1) All persons entitled to apply shall have the right, before the entry into the agenda, to add further items to the agenda. 
+
+
+### Agenda procedure
+
+(2) Before entering the agenda, the Student General Assembly may change the fixed order of the items in the agenda (ROP-motion) or to dismiss it at all (ROP-motion).
+
+
+### Resolution on the agenda
+
+(3) The agenda shall be adopted by the Student General Assembly at the beginning of the meeting.
+
+
+## 7 - Consultation
+
+
+### Joint consultation
+
+(1) The chair of the meeting shall open a consultation on every subject on the agenda. Similar or related items can be discussed together at any time by resolution (ROP-motion).
+
+
+### Speech list
+
+(2) Anyone who wishes to speak on the merits or make a request shall raise a hand
+
+for inclusion in the speech list.
+
+
+### Deviations from the speech list
+
+(3) Motion applicants may have the floor at the beginning of the meeting, if they demand it, outside the list of speakers. Outside the list of speakers, the chair of the meeting may give the floor to the applicant for a direct reply.
+
+
+### Conclusion of the speech list
+
+(4) The list of speakers may be closed by decision (ROP-motion) and be reopened (ROP-motion).
+
+
+### Speaking time limit
+
+(5) The General Assembly may limit the speaking time (ROP-motion). If a speaker exceeds their time the chair of the meeting shall withdraw the word after a single reminder.
+
+
+### Conclusion of the consultation
+
+(6) The chair of the meeting shall close the discussion if the list of speech is exhausted or the meeting has been closed by decision (ROP-motion). Before the vote on the request for closing the speech list is cast, the speech list shall be read out.
+
+
+### Postponement
+
+(7) The Student General Assembly may deliberate on individual items of discussion
+
+adjourned by resolution (ROP-motion). Postponed items will be placed on the agenda of the next meeting unless another date is determined.
+
+
+## 8 - Motions
+
+
+### Writing of Motions
+
+(1) Motions other than those concerning the Rules of Procedure are to be handed in in written form to the chair of the meeting.
+
+
+### Dismissal of motions
+
+(2) Motions submitted to the chair of the meeting before the invitation has been sent out
+
+will be dispatched with it.
+
+
+### Application deadline
+
+(3) After the opening of the first item on the agenda, motions may no longer be submitted.
+
+
+##  9 - Rules of procedure motions (ROP-motions)
+
+
+### Permitted types of ROP-motions
+
+(1) Motions of Procedure (ROP-motions) are motions which exclusively influence the procedure of the meeting.
+
+Permitted motions:
+
+
+1. granting the right to speak (§ 1 point 2)
+
+
+2. granting the right to make motions (§ 1 point 2)
+
+
+3. amendment of the agenda (§ 6 point 2)
+
+
+4. dismissal of the agenda (§ 6 point 2)
+
+
+5. joint consultations (§ 7 point 1)
+
+
+6. conclusion of the speech list (§ 7 point 5)
+
+
+7. reopening of the speech list (§ 7 point 5)
+
+
+8. limitation of speaking time (§ 7 point 6)
+
+
+9. conclusion of the consultation (§ 7 point 7)
+
+
+10. postponement (§ 7 point 8)
+
+
+11. split voting (§ 11 point. 3)
+
+
+12. secret ballot (§ 12 point 2)
+
+
+13. candidates leaving the room (§ 12 point 4)
+
+
+14. doubting the quorum (§ 10 point 2)
+
+
+### Notification of motions for agenda items
+
+(2) Notification of motions concreting the rules of procedure shall be made by
+
+double hand signal. Rules of procedure motions can be submitted at any time and are placed outside the speech list. Motions of procedure to remove items from the agenda, however, may only be made before entry into the agenda.
+
+
+### Handling of motions for business rules
+
+(3) Before voting on a rules of procedure motion, it is possible to hear a speaker against the motion (counter-speech).
+
+If there is no objection, the motion is accepted without a vote.
+
+If a substantive counter-argument is made, the vote must be cast after the counter-argument was made without further consultation. If a formal counter-argument is made, the vote must be cast without further consultation.
+
+
+# III. Voting and elections
+
+
+## 10 - Quorum
+
+
+### Prerequisites for a quorum, attendance list
+
+(1) The plenary assembly shall constitute a quorum if at least 10 percent of the members are present and if the meeting is duly convened.
+
+§ 5 paragraph 2 remains unaffected.
+
+(2) “Present” only includes physical presence and not being present online, e.g. to take part in online votes.
+
+
+### Determining the quorum
+
+(3) The quorum shall be determined by the chair of the meeting at the beginning of each meeting or after the resumption of the meeting. If the quorum is doubted in the course of the meeting (ROP-motion), the chair of the meeting must review the quorum.
+
+
+### Consequences of the absence of a quorum
+
+(4) In the event of the absence of a quorum, the chair shall set a break for a specified period of time or terminate the Student General Assembly. If, after an absence of a quorum, the Student General Assembly is called to deal with the same subject again, it shall in any event be quorate, if this is indicated in the invitation.
+
+
+## 11 - Voting
+
+
+### Majority required
+
+(1) Resolutions shall be passed by a majority of the valid votes cast.
+
+Abstentions shall not be taken into account. 
+
+
+### Motion amendments 
+
+(2) After the consultation, the chair of the meeting shall give the opportunity to propose amendments to the discussed motions and shall then open the vote on those requests.
+
+
+### Separate vote
+
+(3) Requests may be split and submitted separately for voting (ROP motion).
+
+
+### Order of voting
+
+(4) The following order of voting shall be observed:
+
+1. motions regarding the rules of procedure
+
+2. amendments
+
+3. vote on the subject itself
+
+(5) Further applications shall be voted on first. In the case of
+
+time determinations must be decided on the longer time first.
+
+
+### Statement of protocol
+
+(6) Any person entitled to speak or make a request shall be entitled, after notification, to make a brief written statement for inclusion in the protocol (statement of protocol).
+
+The text must be submitted no later than the 7th day after the meeting to the chair of the meeting.
+
+
+## 12 - Elections
+
+
+### Jurisdiction
+
+(1) The Student General Assembly shall carry out the elections which are determined by the statute.
+
+(2) Results of an election shall be shared subsequently with the election committee.
+
+
+### Electoral procedure
+
+(2) Elections may be held by simple ballot by show of hands. At the request of a member
+
+the election must be carried out secretly (ROP motion).
+
+(3) If the chair of the meeting decides on an online voting system, it has to be used.
+
+(4) At the request of the majority of the Student General Assembly (ROP motion) the candidates need to leave the room while the election takes place.

rules-of-procedure/rules-of-procedure.md

@@ -1,6 +1,6 @@
 # Rules of Procedure of the Student General Assembly of the CODE University of Applied Sciences
 
-From December 18, 2020
+From September 3, 2021
 
 Remark:
 
@@ -249,17 +249,29 @@ If a substantive counter-argument is made, the vote must be cast after the count
 
 § 5 paragraph 2 remains unaffected.
 
-(2) “Present” only includes physical presence and not being present online, e.g. to take part in online votes.
+(2) Only members who 
+ (a) are physically present in the meeting room if the assembly is held in person or
+ (b) who are suitably connected to the respective telephone conference or other video and audio application if the assembly is held online 
+ 
+are considered to be present.
+
+(3) The members of an online assembly have to present themselves in a identifiable manner via video or audio.
+
+(4) Members of an online assembly have to be able to cast their vote by the showing of hand, by voice or through defined alternative ways of communication for votings (e.g. the use of pre-defined emoji reactions). 
+
+This does not apply if the vote is to be held anonymously. The mechanisms of an online anonymous voting are defined by the chair prior to the assembly.
+
+(5) The definition of presence in paragraph 1 and 2 for the legitimacy of voting does not apply for votings that are addressed to the entirety of the membership. Voting mechanisms for this kind have to be provided in a manner that includes all members for participation equally.
 
 
 ### Determining the quorum
 
-(3) The quorum shall be determined by the chair of the meeting at the beginning of each meeting or after the resumption of the meeting. If the quorum is doubted in the course of the meeting (ROP-motion), the chair of the meeting must review the quorum.
+(6) The quorum shall be determined by the chair of the meeting at the beginning of each meeting or after the resumption of the meeting. If the quorum is doubted in the course of the meeting (ROP-motion), the chair of the meeting must review the quorum.
 
 
 ### Consequences of the absence of a quorum
 
-(4) In the event of the absence of a quorum, the chair shall set a break for a specified period of time or terminate the Student General Assembly. If, after an absence of a quorum, the Student General Assembly is called to deal with the same subject again, it shall in any event be quorate, if this is indicated in the invitation.
+(7) In the event of the absence of a quorum, the chair shall set a break for a specified period of time or terminate the Student General Assembly. If, after an absence of a quorum, the Student General Assembly is called to deal with the same subject again, it shall in any event be quorate, if this is indicated in the invitation.
 
 
 ## 11 - Voting