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[Note: OCF is the Open Computing Facility at UC Berkeley.]
The OCF Constitution
As ratified or amended by votes of the OCF membership: 3 February
1989
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.
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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. When 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.
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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 weeks 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. Fall Meeting
The OCF shall meet during the week immediately
preceding Thanksgiving.
4.1.1.2. Spring Meeting
The OCF shall meet during the second week following
Spring Break.
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.
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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 3/4 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.
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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. Nondiscrimination
The OCF shall not discriminate in any way against any person
by race, color, religion, marital status, national origin,
sex, age, sexual orientation, handicap, college major or
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.
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8. Amendments and Bylaws
8.1. Amendments
8.1.1. Process
A proposed amendment to the Constitution must be
presented for consideration at a General Meeting. If the
Membership votes to further consider the amendment, it
shall be open for voting for a review period, of not less
than two weeks. Voting in this case may be through
electronic or physical means. A 2/3 majority of all
Active Members is required for approval.
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.
May 28, 1991