The Sixty-Third Amendment to the Charter

[Deleted]

The Sixty-Third Amendment to the Charter (Administrative Omnibus Act)
Authors: Korolevia, Ivory Rhodes, Daophi
Co-Sponsors: Student Loan Debt, Burninandom
Date Enacted: 4th January 2019
Final Vote Count: 25-5-3

An Act to strengthen administrative response to extraordinary events and formalise previously informal administrative structures in the DSA.

Charter Amendment I
I - A new entry is inserted into the ‘Definitions’ section of the Charter, and another altered:

Extraordinary Misconduct - behaviour of a resident that could reasonably be considered extraordinarily distasteful or damaging to the region. This includes, but is not necessarily limited to:

• Trolling or conducting arguments in bad faith.
• Harassment, especially that of a sexual nature.
• Promotion of fascist, racist, bigoted or otherwise offensive views or imagery.
• Use of derogatory, abusive, or degrading comments or language towards other persons.
• Intentional misgendering or misuse of pronouns.

Administrative Privileges - Those privileges including but not limited to:

• Suppressing or editing Regional Message Board and Forum posts
• Altering the World Factbook Entry
• Altering the Forum structure and/or content as a staff member
• Ejecting and/or banning nations from the region
• Accepting, rejecting, and/or soliciting embassy requests
• Adding or removing regional tags
• Distributing region-wide mass telegrams
• Having the “Administrator” privilege on the regional Discord server
• Having access to the DSA Google Drive

Charter Amendment II
I - The current Article 3 shall become article 4, with all subsection numbering altered as such.
II - A new subsection 4.1.4 is inserted into the Charter, with the current subsections 4.1.4 through 4.1.7 moved down one position:

Subsection 4.1.4 - Expulsion by the Cabinet
1    In certain extraordinary circumstances, it may be that the executive body of the region is required to perform an expulsion in order to best protect the interests and/or health of the region without waiting for an expulsion by the court to be completed.
2    By a simple majority vote, the Cabinet may expel a resident of the region who has committed an act of extraordinary misconduct.
3    Upon the passage of a Cabinet vote, the subject resident shall be removed from the DSA.
4    Repeated re-entry into the DSA by the expelled party will result in a temporary ban until the explusion has been reviewed by the Court.
5    The President shall issue a statement on behalf of the cabinet simultaneously with the expulsion, and evidence used in conjunction with the expulsion shall be offered for distribution to any resident who requests to view such material, subject to potential restrictions.
6    The Cabinet may apply to the court of the DSA to have the ban on a Cabinet-expelled resident extended if the nature of the charge is deemed to warrant it.
7    The Court of the DSA will have the final say on all expulsions undertaken by the Cabinet.

Charter Amendment III
I - A new Article 3 is inserted into the Charter
II - A new Section 3.1 is inserted into the Charter

Section 3.1 - Discord
Subsection 3.1.1 - Administration
1    The administration of the Discord shall consist of the Cabinet, and shall be granted administrative privileges accordingly.
2    The owner of the Discord, when not a member of the Cabinet, shall be responsible for fulfilling all reasonable requests made by the Cabinet.
3    The Cabinet may, by a simple majority vote:

• Kick any user of the Discord
• Sanction any user of the Discord

4    Sanctioning a Discord user requires that all roles aside from pronoun roles shall be stripped from the user and replaced with a role that limits permissions to view or send messages in any number of channels.
5    The Cabinet may, by a ⅔ majority vote:

• Modify the rules of conduct for the Discord
• Create or modify the rules for any specific channel
• Create, modify, or delete channels in accordance with Subsection 3.1.3
• Ban any user from the Discord

6    Any Cabinet member may delete content that violates DSA regional principles or displays extraordinary misconduct so long as such content is documented.
7    The Court of the DSA may review any kicking, banning, or sanctions placed on any Resident by the Cabinet pursuant to subsections 3.1.1.3 and 3.1.1.5.

Subsection 3.1.2 - Rules, Rulemaking
1    Whenever a new rule relating to the Discord is implemented, Congress shall be notified immediately and all created rules are subject to review by Congress.
2    No rule shall be made to allow the promotion or distribution of pornography, nor should any rule be made to allow for any violation of Discord’s Terms of Service or Community Guidelines.
3    All Residents using the Discord shall be allowed to view the public audit log.
4    The rules of each channel must be displayed in the channel description. If a rule is not posted in the channel description, no administrative action may be taken to enforce it.
5    Any Resident may challenge any rule created by the Cabinet in the Court of the DSA.

Subsection 3.1.3 - Organization
1    The Discord shall consist of roles which adequately distinguish between the many functions of the government and levels of membership both within and outside the DSA. Such roles can include and are not limited to:

• Foreign Visitors
• Foreign Diplomats
• Residents
• Members of Congress
• Ambassadors
• Cabinet Aides
• Department Directors
• The High Judge
• Cabinet Ministers
• The President 
• The World Assembly Delegate

2    The Discord shall always consist of optional roles for pronouns. These roles can be requested by any user of the Discord at any time, and cannot be added or removed from a user without the permission of said user. When available, these roles will have the ability to be self-assignable by users themselves. The following roles will always be available, however pronoun roles can be created for users upon request:

• He/Him
• She/Her
• They/Them
• Any Pronouns
• No Pronouns

3    The Discord shall contain any number of channels for any number of topics. In order to be an effective means of communication, it is recommended that independent channels exist for the following:

• General Discussion
• Announcements
• Congress
• Closed Door Cabinet sessions

Charter Amendment IV
I - Section 3.2 is inserted into the Charter

Section 3.2 - Forum
Subsection 3.2.1 - Administration
1    The administration of the Forum shall consist of the Cabinet and the High Judge, and shall be granted administrative privileges accordingly.
2    The owner of the Forum, when not a member of the Cabinet or the High Judge, shall be responsible for fulfilling all reasonable requests made by the Cabinet.
3    Any Cabinet member, or the High Judge, may delete content that violates DSA regional principles or displays extraordinary misconduct so long as such content is documented.

Subsection 3.2.2 - Organization
1    The Forum shall consist of roles to identify users by the following subdivisions:

• Foreign Visitors
• Foreign Diplomats
• Residents
• Members of Congress
• Ambassadors
• Ministry-Specific Roles
• Cabinet Ministers
• The High Judge
• The President 
• The World Assembly Delegate
• Forum Nation

2    The Forum shall contain any number of boards for any number of topics. Independent boards must exist for the following:

• Laws of the Assembly (with permanent sub-boards Passed DSA Legislation and Passed Amendments to the Charter of the DSA)
• Congressional Elections and Votes
• The Court of the DSA

Subsection 3.2.3 - Privacy
1    Cabinet members or the forum owner may not disclose the email address or IP address of any user registered on the forum. The only documentation of any user’s email address or IP address that may be kept offsite may be kept by the Minister of Justice or High Judge for the sole purpose of maintaining expulsions, bans, or otherwise.