Pirate Congress 2020/Constitutional Amendments

Constitutional Amendment Proposals must be submitted to [email protected] before 9:00am AEST on Saturday 27 June 2020.

Proposals to change the Constitution are Special Resolutions under the NSW Associations Incorporation Act 2009.

Proposals from 2019

CAP-0 was passed by the floor of Congress last year, but due to the email voting system not working, did not get voted on by the party-at-large. (All motions that would have been put to the email voting system last year will simply be put to the floor again this year.)

CAP-0: Clean up the position descriptions in section 3.2

Put by: Alex Jago

Motion

Replace the contents of sub-sub-sub-sections 3.2.1.1, 3.2.2.1, 3.2.3.1, 3.2.4.1 and 3.2.5.1 with the contents of 3.2.1.2, 3.2.2.2, 3.2.3.2, 3.2.4.2 and 3.2.5.2 respectively, then remove the now-duplicate 3.2.1.2, 3.2.2.2, 3.2.3.2, 3.2.4.2 and 3.2.5.2.

Repeal sub-sub-section 3.2.7 "Registered Officer" in its entirety.

Replace 3.2.8(1) with "Three (3) Councillors will be appointed by election at the Annual National Congress to the National Council." and repeal 3.2.8(2).

Rationale

Note to avoid ambiguity: all sections referred to in the motion are in Part III, section 3.2 "Positions".

In 2017 at the Emergency National Congress, we inserted a number of updated position-description clauses (as well as replacing the Registered Officer with a third Councillor). That all took effect at the middle of 2018 as intended. Since the old clauses are no longer operational, it is now time to remove them altogether.

Link to Discussion at Congress 2019: https://www.youtube.com/watch?v=KAsSMNNDfNA&t=8465

Results

• Carried on Congress floor with 13 Ayes, 0 Nays, 0 Abstentions
• Carried online with 74 Ayes, 1 Nay, 4 Abstentions

New Motions for 2020

CAP-1: Timing of online voting

Put by: Bryn Busai and Alex Jago

Motion

Amend Article 6.4(2) to read as follows:

(a) The online voting period must not be less than seven (7) days and not more than fourteen (14) days.
(b) Voting arising from a meeting must commence no more than seven (7) days after the close of that meeting.
(c) Results must be announced no more than seven (7) days after voting closes.

Rationale

To establish and tighten the timeline around online voting.

Results

• Carried on Congress floor with __ Ayes, _ Nays, _ Abstentions
• Carried online with 69 Ayes, 2 Nay, 8 Abstentions

CAP-2: Procedures in the event of the National Council dropping below quorum

Put by: Bryn Busai and Alex Jago

Motion

Add the following as Article 3.1(5):

If the total number of Councillors is reduced below the minimum quorum, the National Council may act for the purpose of filling its vacancies in accordance with Article 10.1(8), but for no other purpose.

Add the following as Article 12(13):

If the National Council is reduced to zero members, the Dispute Resolution Committee, as the senior remaining Party body, must act to establish a new National Council in accordance with Article 10.1(8).

Rationale

As the Dispute Resolution Committee is the only party office which lasts more than one year consecutively this gives a continuity of power.

If the NC gets down to say 4 people they can and should fill NC vacancies. We only need the DRC to step in if the NC is fully wiped out - and they can run an election.

Results

• Carried on Congress floor with 14 Ayes, 0 Nays, 1 Abstentions
• Carried online with 69 Ayes, 1 Nay, 9 Abstentions