Constitution of the Open Computing Facility
From OCF Help
This document records the Constitution of the Open Computing Facility, as ratified or amended by votes of the OCF membership:
- ratified on February 3, 1989;
- and amended on:
Preamble
We, the computer using community of the Berkeley campus of the University of California, provide by this Constitution an organization dedicated to the pursuit of obtaining and managing open computing resources. The intent of this organization is to provide an environment where no member of Berkeley's campus community is denied the computer resources he or she seeks. This group's spirit can be traced directly to the former Undergraduate Computing Facility, however this organization's membership is much more widely open. It is also the intent of this group to appeal to all members of the Berkeley campus community with unsatisfied computing needs and to provide a place for those interested in computing to fully explore that interest. It is the intention of this group that no small number of people ever control the accessibility of any OCF sponsored computing facility.
Articles
1 Name
This organization shall be called the Open Computing Facility and may also be referred to as the OCF.
2 Members
2.1 General Membership
Any UC Berkeley student, faculty or staff member may be an OCF Member.
2.2 Active Members
2.2.1 Eligibility
Active Membership status is restricted to U.C. Berkeley Faculty and Staff and Registered Students.
2.2.2 During General Meetings
Any member of the OCF shall be an Active Member by physical presence at an OCF General Meeting.
2.2.3 Between General Meetings
Any OCF Member who has attended an OCF General Meeting in either this semester or the one preceding shall be an active member.
2.3 Inactive Members
Any OCF Member who is not an Active Member shall be considered an Inactive Member.
3 Officers
3.1 Elected Officers
3.1.1 Offices
The only elected offices are General Manager and Site Manager(s).
3.1.2 Eligibility
All elected officers must be Active Members.
3.1.3 Elected
The officers shall be elected at each OCF Elections Meeting.
3.1.4 Term Of Office
The officers' terms shall begin immediately after election and last until the next election.
3.1.5 Removal From Office
An officer shall be removed from office if, at a General Meeting, the members vote to remove him or her.
3.1.6 Succession
If any elected position becomes vacant, a General Meeting will be called to elect a replacement.
3.1.7 General Manager Duties
The General Manager is the chief political and executive officer of the OCF and shall chair all meetings.
3.1.8 Site Manager Duties
The Site Manager is the chief system manager of a particular installation of computing equipment. In the absence of the General Manager, a Site Manager shall chair meetings.
3.2 Board of Directors
3.2.1 Membership
3.2.1.1 General Manager and Site Manager(s)
The General Manager and Site Manager are ex officio members of the Board and shall have no more and no less power than any other member of the Board.
3.2.1.2 Other Directors
Other Directors shall be appointed and removed through the OCF Decision Making Process.
3.2.2 Term Of Office
The term shall expire at the next Elections Meeting.
3.2.3 Duties
Directors shall normally be responsible for the creation, implementation and discussion of the majority of OCF actions. Also the Board shall review all of the actions of the General Manager and Site Manager at its discretion.
3.3 Interim Manager
When the OCF is not formally in session, or any other time when there is a temporary vacancy in an elected office, the OCF Decision Making Process shall designate a member or members to see to it that the OCF functions properly.
4 Meetings
The OCF is formally in session during the Fall Semester and the Spring Semester. This is the only time General Meetings can take place. The OCF is informally in session between the semesters. During this time the Faculty Sponsors and the Interim Managers are responsible for the functioning of the OCF.
4.1 General Meetings
The OCF Decision Making Process can call a General Meeting at any time. When possible, one week's notice shall be given.
4.1.1 Election Meetings
The Elections Meeting shall, in this order,
- approve the Faculty Sponsors,
- elect the General Manager,
- elect the Site Managers,
- appoint Directors,
- and then consider new business.
4.1.1.1 Date of Elections Meeting
The OCF shall meet to elect officers during the third week of classes of the Fall and Spring Semesters.
4.1.2 Special General Meetings
4.1.2.1 How Called
Ten OCF members can call a Special General Meeting when the normal process for calling a General Meeting is not feasible.
4.1.2.2 Procedure
These ten members must notify the General Manager if possible, provide prominent public notice of the meeting at least one week beforehand and must try to contact all members of the OCF.
4.2 Voting
4.2.1 Elections and General Meetings Quorum
By definition a quorum exists at these meetings.
4.2.1.1 Special General Meetings
Quorum consists of 25% of all Active Members prior to the meeting.
4.2.2 Board Meetings
Quorum consists of 2/3 of the Board of Directors or five Board members, whichever is greater.
4.2.3 Procedure
4.2.3.1 Election of Officers
The election of officers shall be by secret ballot. A simple majority of those casting votes (including abstaining votes) is required. If on the first ballot no candidate receives a simple majority, then there will be a runoff between the top two candidates. The voting will continue until one candidate receives a simple majority.
4.2.3.2 Other Votes
All other votes require a simple majority to pass.
4.2.3.3 Proxy
An OCF Member must be present at a meeting to vote.
5 Faculty Sponsors
The OCF Faculty Sponsors shall consist of a faculty member or faculty members who are dedicated to the functioning of the OCF. These Faculty Sponsors shall be selected by the OCF Board of Directors and shall be subject to selection by the OCF at the Elections Meeting.
6 The OCF Decision Making Process
6.1 Faculty Sponsors
The Faculty Sponsor or Faculty Sponsors shall have ultimate authority over any OCF actions except for constitutional amendments and the approval of the Faculty Sponsors.
6.2 OCF Membership
The OCF Active Membership shall have authority over any OCF actions except where such action conflicts with Article 6.1.
6.3 OCF Board of Directors
The OCF Board of Directors shall have authority over any OCF actions except where such action conflicts with Articles 6.1 and 6.2.
6.4 OCF General Manager
The OCF General Manager shall have authority over any OCF actions except where such action conflicts with Articles 6.1, 6.2 and 6.3.
6.5 OCF Site Managers
OCF Site Managers shall have authority over any OCF actions except where such action conflicts with Articles 6.1, 6.2, 6.3 and 6.4.
7 Bill of Rights
7.1 Non-discrimination
7.1.1 In Accord with Berkeley Campus Regulations
The OCF shall not restrict membership or otherwise discriminate in any way against any person or group on the basis of race, color, national origin, religion, sex, physical or mental disability, medical condition (cancer-related or genetic characteristics), ancestry, marital status, age, sexual orientation, citizenship or status as a covered veteran (special disabled veteran, Vietnam-era veteran or any other veteran who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized).
7.1.2 Fields of Study
The OCF shall not restrict membership or otherwise discriminate in any way against any person or group on the basis of college major or field of study. However, this section shall not be construed as restricting the OCF from providing separate facilities for different uses, as long as the availability of such facilities is proportionate to demand among the OCF's current and potential users.
7.1.3 Political Activity
The OCF shall not restrict membership or otherwise discriminate in any way against any person or group on the basis of political activity.
7.2 Hazing
The OCF shall not haze, in accordance with California state law.
7.3 Grievance
Any individual who has a grievance with the OCF shall first contact the General Manager. He or she may then appeal to the Faculty Sponsors and then finally to the University of California through established channels.
7.4 Conduct
All users of OCF managed facilities shall comply with University of California regulations, including the UC Berkeley Student Conduct Code and any OCF regulations.
7.5 Freedom of Information
All official OCF documents must be provided to interested parties without undue delay and the OCF may not charge above cost to do so.
7.6 Privacy
Individuals' rights of privacy shall not be violated without reasonable cause.
7.7 Rights Not Enumerated
The enumeration in this Constitution of certain rights shall not be construed to deny or disparage other rights retained by individuals.
8 Amendments and Bylaws
8.1 Amendments
8.1.1 Process
A proposed amendment to the Constitution must be presented at a Board of Directors meeting at least one week before the General Meeting at which it is to be discussed. A list of proposed amendments must be made accessible to the general public of the OCF as soon as they have been presented to the Board of Directors. At the general meeting, a discussion period on the amendment may be held until it is moved to a vote. A 2/3 majority of all Active Members is required for approval.
[This section was changed by amendment on May 14, 1991.]
8.1.2 Annotation
Whenever this Constitution is amended, an annotation of the date of ratification shall be added to the beginning of this document and shall be further noted immediately following the new amendment.
8.1.3 ASUC Records
All amendments, additions, or deletions must be filed with the ASUC Student Affairs Office within one week of adoption, and must be in consonance with University of California and ASUC regulations and policies.
8.2 Bylaws
Bylaws may be created or modified as needed, through the OCF Decision Making Process.
9 Dissolution
The assets of the OCF constitute a continuing trust for the benefit of all members of the Berkeley campus community interested in open computing facilities. In the event of the dissolution of the OCF for whatever reason, the assets, after payment or adequate provision for payment of all outstanding debts and obligations of the OCF shall be transferred to a non-profit fund, foundation or corporation which is organized and operated exclusively for the purposes for which the OCF was founded. All unspent ASUC funds shall remain the property of the ASUC.
