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Constitution 0.2

§1. Preamble

NAME is an open-entry common-space in Germany dedicated to the common good. It is governed in three layers: the Constitutional layer, the Collective layer and the Operational layer—

  1. The Constitutional layer prescribes who decides what should happen and how. This layer contains the core agreements—such as Purposes, Positions and Procedures—which both support and supersede agreements at the following layers. It is documented in the Constitution (this document) and supported by the FAQ.
  2. The Collective layer prescribes what should happen. This layer contains other formal agreements—such as policies, schedules and best-practices—which support and supersede agreements in the Operational layer. It is documented in the Collective Agreements.
  3. The Operational layer describes what actually happens. This layer contains unconscious, informal and semi-formal agreements such as norms, sub-group agreements and spontaneous activity. It is not centrally documented.

§2. Purposes

  1. To reduce waste and promote sharing.
  2. To develop and distribute free, libre and open-source software.
  3. To provide and connect public and common resources.
  4. To give what we can, take what need and facilitate others to do the same.
  5. To generally have a jolly good time.

§3. Principles

  1. The three main principles which describe the intention behind the Constitution and how it should be interpreted are—
    1. Autonomy—minimize coercion,
    2. Equality—minimize inequality, and
    3. Acceptance—minimize opposition.
  2. Other guiding principles include those adopted by nature-inspired design such as Permaculture, those contained within iterative development frameworks such as Scrum and those illustrated by long-enduring Common Pool Resource institutions.

§4. Resources

  1. The buildings of Kantstraße 20 & 22, 04808 Wurzen, Germany (herein, 'the space'.) The space is legally held on behalf of NAME by Haus Kante Wurzen w.V. (wirtschaftlicher Verein.)
  2. All items located within the space, unless specified otherwise.
  3. Money and any other resources held by Haus Kante Wurzen w.V.
  4. Haus Kante Wurzen w.V. itself.

Positions

§5. Volunteer

  1. The position of Volunteer is intended for individuals who have already been involved in the project and wish to become futher involved.
  2. A Volunteer may—
    1. reside in the space and use items located within the space,
    2. participate in Operational Activity and change the Collective Agreements,
    3. participate in the selection of other Volunteers, and
    4. participate in Voluntary Assistance during Conflict Resolution.
  3. A Volunteer should—
    1. assume a portion of the responsibility for the space, and
    2. contribute to Wurzen and/or the wider world.
  4. In order to become a Volunteer, a person must—
    1. have resided in the space for at least 14 days in total, and
    2. understand and accept the Constitution and the Collective Agreements.
  5. A person becomes a Volunteer based on a successful outcome from an Application Procedure in which only Members and Volunteers should participate.
  6. A person ceases to be a Volunteer—
    1. 3 months after becoming a Volunteer,
    2. if they become a Member,
    3. at their request, or
    4. if Conflict Resolution by Intervention (§11c.) prescribes it.

§6. Member

  1. The position of Member is intended for individuals who are familiar with the project and wish to commit to it.
  2. A Member may—
    1. reside in the space and use the other Resources,
    2. participate in Operational Activity, Collective Change and Constitutional Change,
    3. participate in the selection of Volunteers and other Members, and
    4. participate in Voluntary Assistance and Intervention during Conflict Resolution.
  3. A Member should—
    1. assume an equitable share of the total responsibility for the space including social, legal and financial matters, and
    2. contribute in some way to Wurzen and the wider world.
  4. In order to become a Member, a person must—
    1. have resided in the space as a Volunteer for at least 28 days in total, and
    2. reaffirm they understand and accept the Constitution and Collective Agreements.
  5. A person becomes a Member based on a successful outcome from an Application Procedure in which only Members should participate.
  6. A person ceases to be a Member—
    1. if they have been continuously absent from the space for more than 3 months (automatically switching to Volunteer,)
    2. at their request (automatically switching to Volunteer,) or
    3. if a Conflict Resolution by Intervention (§11c.) prescribes it.

Procedures

§7. Application Procedure

  1. The applicant must not be present during the procedure.
  2. Firstly participants should take a preliminary vote in which they anonymously express whether they ‘support’ (+), ‘accept’ (0) or ‘oppose' (-) the application succeeding.
  3. Secondly participants should discuss the application and, in particular, raise and address any concerns.
  4. Finally participants should take a binding vote in the same fashion as the preliminary vote. This time—
    1. if there are 3 or more times as many ‘support’ votes to ‘oppose’ votes, the application succeeds, or
    2. else the application fails at that time.
  5. The applicant should promptly be informed whether their application has succeeded or failed, but not the breakdown of which votes were cast.

§8. Operational Activity

§8a. Individual Action

  1. Any individual may take action provided—
    1. that there is no outstanding opposition towards the action, and
    2. that they assume personal responsibility to practically reverse the action if required.
  2. There is no specific format for Individual Action. Whilst in some cases it may be appropriate for the individual to simply start, in other cases it may be more appropriate to first ask for advice or announce their proposal before starting.
  3. Any individual who is opposed towards a current or proposed Individual Action should voice it early, clearly and kindly.
  4. If a current or proposed Individual Action receives opposition it should be paused or postponed and the individuals involved should proceed with Unanimous Acceptance (§8b.)

§8b. Unanimous Acceptance

  1. Unanimous Acceptance towards a proposal or action is attained while no one opposes it.
  2. There is no specific format for attaining Unanimous Acceptance. Many tools and techniques exist which may help, including: smaller-scale testing, presentation, debate, meetings with planned agendas, rounds, talking sticks, hand-signals, speaker-lists or time-limits.
  3. If Unanimous Acceptance cannot be attained in a proportionate time-frame, the individuals involved should proceed with Score Voting. Proceeding to Score Voting (§8c.) on a topic should be done with Unanimous Acceptance but may otherwise be done by simple majority.

§8c. Score Voting

  1. Firstly, individuals should discuss the current state-of-affairs, the initial proposal (if applicable) and generate alternative proposal(s). Afterwards, a list of proposals is created by gathering—
    1. the initial proposal and/or the generated proposals,
    2. a 'status quo' control proposal (i.e. 'keep things as they are/change nothing',) and
    3. an 'escalate procedure' control proposal (i.e. 'switch to Collective Change'.)
  2. Secondly, the individuals should score the proposals as 'support’, ‘accept’ or ‘oppose'. Afterwards the scores for each proposal are totalled by counting 'support' as 1, 'accept' as 0 and 'oppose' as -3: the proposal with the highest total is selected.

§9. Changing the Collective Agreements

  1. Any addition, subtraction or other change to the Collective Agreements must be made according to the following procedure.
  2. The procedure is initiated when all in-space Members and Volunteers have been notified of a clear and explicit proposal from a Member or Volunteer which—
    1. has the support of at least 1 other Member or Volunteer, and
    2. is not contrary to any other Collective Change made within the last 6 days.
  3. The primary phase of the procedure, lasts at least 3 days during which Members should consider the initial proposal and may create alternative proposals. At the end of this phase a list of proposals is created by gathering—
    1. the initial proposal and any alternative proposals,
    2. a 'status quo' control proposal (i.e. 'keep things as they are/change nothing',) and
    3. an 'escalate procedure' control proposal (i.e. 'switch to Constitutional Change'.)
  4. The secondary phase of the procedure lasts at least 3 days during which Members should individually yet identifiably score the listed proposals from a range of +3 (indicating total support) to -3 (indicating total opposition.) At the end of the secondary phase—
    1. negative scores are multiplied by a factor of 3 (e.g. a score of -2 becomes -6,)
    2. the adjusted scores for each proposal are totalled,
    3. the proposal with the highest total is selected, and
    4. the Collective Agreements should be changed to reflect the decision.

§10. Changing the Constitution

  1. Any addition, subtraction or other change to the Constitution must be made using the following procedure.
  2. The procedure is initiated when all Members, both resident and remote, are notified of a clear and explicit proposal from a Member which—
    1. has the support of at least 2 other Members, and
    2. is not contrary to any other Constitutional Change made within the last 28 days.
  3. The primary phase of the procedure lasts at least 7 days during which Members should consider the initial proposal and may create alternative proposals. At the end of this phase a list of proposals is created by gathering—
    1. the initial proposal and any other alternative proposals, and
    2. a 'status quo' control proposal (i.e. 'keep things as they are/change nothing'.)
  4. The secondary phase of the procedure lasts at least 7 days during which Members should individually yet identifiably score the listed proposals from a range of +3 (indicating total support) to -3 (indicating total opposition.) At the end of this phase—
    1. negative scores are multiplied by a factor of 3 (e.g. a score of -2 becomes -6,)
    2. the adjusted scores for each proposal are totaled,
    3. the proposal with the highest total is selected, and
    4. if the proposal now selected was also selected at a previous secondary phase—
      1. the proposal becomes the final decision,
      2. the Constitution should be amended to reflect this decision, and
      3. the procedure of Constitutional Change is terminated. Or
    5. else—
      1. the procedure is repeated from subsection 3. (i.e. a further primary then secondary phase.)

§11. Conflict Resolution

§11a. Direct

  1. Individuals are generally encouraged to resolve their conflicts directly.
  2. There is no specific format for Direct Conflict Resolution. Many techniques and tools exist to prevent potential conflicts, manage ongoing conflicts and analyze resolved conflicts, including: the Advice Process, Non-violent Communication, Cognitive Behavioral Therapy, Sharing Circles, 1-on-1 dialogue, Listen Looping, I-messages and Non-defensive Assertions.

§11b. Voluntary Assistance

  1. If reasonable measures to resolve a conflict directly prove unsuccessful, individuals involved in a conflict (herein 'actor') may voluntarily seek and/or accept assistance from third-parties.
  2. There is no specific format for Conflict Resolution with Voluntary Assistance. On the basis that all involved consent to participate, many scenarios are possible, including—
    1. a third-party individual supporting a single actor ('support person',)
    2. a third-party individual supporting multiple actors ('direct bridge',)
    3. support persons engaging in dialogue on behalf of the actors ('indirect bridge',) or
    4. a group of third-party individuals attend a meeting of the actors to bear witness and/or offer advice ('panel'.)

§11c. Intervention

  1. If reasonable measures to resolve a conflict with Voluntary Assistance prove unsuccessful, the Members may intervene as a last resort.
  2. Conflict Resolution by Intervention is decided by Members using the Unanimous Acceptance (8b.) or Score Voting (8c.) procedure, where proposals may include—
    1. requesting an individual to participate in assisted conflict resolution,
    2. revoking an individuals' position of Volunteer or Member, or
    3. instructing an individual to leave the space temporarily or indefinitely.

12 Time-reduction

  1. All time frames within sections 9 and 10 are reduced by half.
  2. This entire section is automatically removed 05-Nov-2017.

CC0
To the extent possible under law, Doug Webb has waived all copyright and related or neighboring rights to commonHouseConstitution_0.2. This work is published from: Burundi.