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Report from the Grand Council: April, 2003

Directors of the SCA (and cc: Grand Council):

A. ACTION ITEMS
NONE.

B. POLICY INTERPRETATIONS
The Grand Council was asked its opinion on what the official response of the SCA, Inc. should be regarding individuals convicted of crimes outside the SCA and if particular crimes needed special attention. After discussion the Council considered several motions, with the conclusion being that actions and convictions unrelated to the SCA should only be considered if the individual's actions affect the SCA, Inc., the running of events or individuals at events. When consideration of outside actions is made, care should be taken to consider the nature of the crime in relation to the person's SCA activities, and as a marker of whether a person will respect and follow the SCA precepts of chivalry, courtesy, and honour. Further, the Council is strongly in agreement that outside background checks should not be required of participants in the Society.

C. NEW POLICIES
None.

D. COMMENDATIONS
None.

E. GENERAL STATUS REPORT
The Grand Council proceeds as ever. Several members have asked to take administrative leave due to obligations in other parts of the world. The Nominations Committee should have a report of new members next quarter.

F. PUBLISHABLE SUMMARY
The Grand Council was asked to consider, and answer, these questions: "What should the official response of the SCA be to individuals convicted of committing modern crimes outside the SCA? What crimes deserve an official response and what circumstances should be taken into consideration (offenses committed while a minor, jail time served, etc.)? Where should the line be drawn?"

The Grand Council voted on several motions responding to these questions. In brief summary, the Grand Council believes that:



The Grand Council is separately examining the status of the office of Minister of Children, and whether any special consideration should be given there. A report on these discussions will be provided in the next quarter. Several other motions, including mandating that the Kingdoms send the whole NMS to the Corporate Office, establishing a structure for Society-wide voting, adding language to the minor waiver and adult waivers, and for a franchise structure for the Society, are pending and will be addressed next quarter.

G. "UNDER THE ROCKS"
Nothing.

Respectfully submitted, etc.,

Margo Lynn Hablutzel, Esq.
SCA: Morgan Cain - #014527
Barony of Steppes, Ansteorra


DETAIL

1) QUESTION FROM THE BOARD - WHETHER PENALTIES FOR BREAKING MODERN LAWS OUTSIDE THE SCA SHOULD BE IMPOSED UPON SCA PARTICIPANTS.

The Grand Council was given this question by the Board: "The SCA does not condone the breaking of modern laws at Society events, and officially takes the position of denying membership to individuals who do so.

"With this in mind what should the official response of the SCA be to individuals convicted of committing modern crimes outside the SCA? What crimes deserve an official response and what circumstances should be taken into consideration (offenses committed while a minor, jail time served, etc.)? Where should the line be drawn?"

The Grand Council discussed these issues at length, and six motions were proposed, seconded, and voted upon. Each motion, and the vote, is given below (one member's vote was received after the deadline, and when reviewed does not materially change the below numbers):

MOTION #1:
That the Grand Council recommend to the Board of Directors that legal action taken outside of the SCA should NOT result in disciplinary action or restrictions within the SCA, except if there will be a direct impact on SCA participants and activities, or the Corporation. Along these lines, if a person's behaviour in the SCA warrants, information about past or outside-the-SCA activities of a similar nature may be brought forward to show a habit or tendency that could direct the Board's decision.

VOTE: 30 total - 6 YES, 13 yes, zero abstain, 6 no, 5 NO
Raw total = 8 (19 for and 11 against)
Weighted total = 9

Discussion: There were concerns about the length of time since the activity had occurred, the rehabilitation of the person, and other factors that would make a black-line rule difficult. The majority of the Grand Council believe that while there are instances where this should occur, it must be taken on a case-by-case basis.

MOTION #2:
That the Grand Council recommend to the Board of Directors that if a person is applying for reinstatement while their rights to participate are revoked and denied, or early termination of a revocation and denial of the right to participate, their activities outside the SCA may be taken into account to show whether the actions that led to the R&D are likely to recur, and/or whether the person's current behavior meets the standards of chivalry and courtesy espoused in the SCA.

VOTE: 30 total - 15 YES, 13 yes, zero abstain, 1 no, 1 NO
Raw total = 26 (28 for and 2 against)
Weighted total = 40

Discussion: Most persons on the Grand Council indicated in discussion that this rule, while not perfect, does allow more protections to the individuals who have ancient history that could be an issue, because it looks at current activities.

MOTION #3:
That the Grand Council recommend to the Board of Directors that individuals should be judged on a case by case basis, with their actions within the SCA being weighed against possible harm to the SCA. If their actions are deemed harmful to the SCA, then other factors, such as history outside the SCA, should be used to guide the BOD's judgment as to the severity of sanction and pursuit of civil lawsuits to recover damages.

VOTE: 30 total - 9 YES, 10 yes, 2 abstain, 6 no, 3 NO
Raw total = 10 (19 for, 9 against, and 2 abstain)
Weighted total = 16

Discussion: Some members of the Grand Council felt that this rule still has too much greyness.

MOTION #4:
That the Grand Council recommend to the Board of Directors that background checks should not be required of participants in the Society.

VOTE: 30 total - 26 YES, 4 yes, zero abstain, zero no, zero NO
Raw total = 30 (30 for and none against)
Weighted total = 56

Discussion: The vote speaks for itself.

MOTION #5:
That the Grand Council recommend to the Board of Directors that the Board should consider requiring some proof of financial stability and/or credit or background report for Treasurers, or that certain critical officers (Treasurer, Seneschal) or financial signatories be bonded. The cost of such investigation and/or bonding must be considered before such demands are made, as well as any negative effect such request may have on the willingness of individuals to participate in the office(s) involved, and such demands should come only from the corporate level and are not to be performed locally without prior corporate approval.

VOTE: 30 total - 2 YES, 1 yes, 1 abstain, 7 no, 19 NO
Raw total = -23 (3 for, 26 against, one abstention)
Weighted total = -40

Discussion: Again, the vote speaks for itself. Cost and invasiveness were the two greatest reasons for opposition. A number of Grand Council members felt that it is hard enough to get people to volunteer for positions; this could make it impossible.

MOTION #6:
That the Grand Council recommend to the Board of Directors that the SCA, Inc. should not allow placing an individual with a known conviction in a position of trust related to that conviction, especially in the area of finances. Variances may be granted with the concurrence of the appropriate Society Officer and the Society Seneschal. If an individual knowingly conceals information regarding prior convictions in order to serve in such capacity, and appears to cause problems while acting in that capacity, that individual may be removed from office and subject to SCA discipline and/or modern legal action.

VOTE: 30 total - 5 YES, 4 yes, zero abstain, 8 no, 13 NO
Raw total = -12 (9 for, 21 against)
Weighted total = -20

Discussion: Again, the issue of how the information about past incidents is brought forward, or required to be brought forward, was the key issue in regard to this motion. The Ministry of Children, Exchequery, Seneschallate, and major events were all raised as areas of especial concern. One suggestion was to limit this to events of a certain minimum budget level, designed to cover primarily interkingdom events and wars, due to significant past incidents in this area.


2) OFFICE OF THE MINISTER OF CHILDREN
In the course of the above analysis, a recommendation was made to disband, refigure, and/or rename the office of the Minister of Children to reflect the fact that the activities are designed for children with their parents. It was pointed out that it is the responsibility of the parents to manage, control, and care for their children, and the SCA and its officers and volunteers should not accept this responsibility (currently reflected in the suggestions contained in the Seneschal's Handbook). However, it remains important to have ways to educate children in the ways of the SCA, history, and other elements. The Grand Council will discuss whether the office needs to be reconstructed, and whether officers and/or volunteers should be required to undergo security or other background screenings. The fact that the Minister of Children is also considering restructuring the office, or the guiding pages from the Seneschal's Handbook, was brought to the Grand Council's attention.

In the course of this discussion, two motions were brought forward that will be voted upon in the next quarter. They are:


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