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The OFCS By-Laws

Approval Date 9/30/04
Last Amended 9/30/04

MISSION STATEMENT

The OFCS is a professional association for online film journalists, historians and scholars. The organization is a volunteer group run by its membership. The mission of the society is to further the growth of an informed film audience, to promote awareness of the Internet as a source of news and commentary, to provide a forum for the OFCS members to communicate and discuss ideas about journalism and cinema, and to encourage a high standard of journalism across the online media.

OFCS GOVERNING COMMITTEE

The leadership of the OFCS is conducted by the Governing Committee. The OFCS Governing Committee oversees the OFCS roster and membership policy. It is in charge of admitting new members, evaluating the compliance of current members, the arbitration of various rules and by-laws of the OFCS, oversight of the financial needs of the OFCS, working as liaison between the society and the film industry, media and online community, and the general administrative functions of overseeing the OFCS.

The Governing Committee consists of three individuals elected to 12-month terms. All members of the OFCS are eligible to be considered as candidates for this committee. Voting in the Governing Committee election takes place during the last three days of March, with the Governing Committee's term lasting from April 1 through March 31 of the following year. In the event there is a tie in the voting, a run-off election is held during the first three days of April, with the full Governing Committee's new term beginning on April 4 and lasting through March 31 of the following year.

In the event of a vacancy in the Governing Committee, a special election will be held to fill the position if that vacancy occurs between April 1 and December 31. If the vacancy occurs between January 1 and March 31, the position will remain vacant until the regular election. The nomination and voting procedure for a special election will be identical to that used in a regular election. All terms expire on March 31, regardless of when the member took office. If said election is held prior to September 30, the term will constitute a first year with regards to term limits.

The three officers of the Governing Committee will work in unison regarding the daily operations of the organizations. Decisions made within the Governing Committee will require a majority vote in order to pass. While responsibilities may be divided among the members of the Governing Committee, all three members will be considered as equals. No individual within the Governing Committee will have authority or powers that supersede those of the other committee members. No special title will be granted to any Governing Committee member.

MEMBERSHIP APPLICATIONS

Membership in the OFCS is open to all writers whose primary media affiliation is an online magazine, news service or information resource. No writer will be denied membership in the OFCS on the basis of race, religion, ethnic heritage, gender, sexual orientation, education status, profession or professional affiliation, political affiliation, physical disability, age, appearance, veteran status, place of residence, language, or membership in other critics groups. Furthermore, no person will be denied membership or consideration of membership if they are affiliated with an online entity that already has writers and editors within the OFCS membership.

However, membership will not be extended in the following cases: to writers whose primary media affiliation is either newspaper, magazine, radio or television; to writers whose online writing was originally contracted for newspaper and magazine publication and is only being reprinted online; to broadcast journalists originally contracted for radio and television coverage and whose broadcasts are simulcast online; and to writers who do not have an online media affiliation.

All writers seeking OFCS membership must submit an application on their own accord to the attention of the Governing Committee. No potential member can be placed in consideration for induction unless they put forth their own application.

Membership applications will be judged between March and September by a permanent committee informally known as the OFCS Talent Scouts Committee. The OFCS Talent Scouts is a volunteer committee, reconstituted annually each April and coordinated by the Governing Committee from OFCS writers, which is empowered to evaluate new members to the OFCS.

The Talent Scouts will use the following objective and subjective criteria:

  1. Applicant should have at least 50 reviews, essays, or articles written in the last 12 months, with indications of ongoing work.
  2. Applicant must show at least one year of experience in the field.
  3. Reviews, articles, and the applicant's web site should be of the highest professional quality.
  4. The applicant should offer meaningful contributions to the field of film criticism.
When the Talent Scouts Committee has evaluated each applicant, the Governing Committee will then vote on the applicants based on the feedback from the Talent Scouts. Rejected applicants are invited to re-apply a year after their application has been reviewed.

For applicants who are not publishing in the English language, the Governing Committee will call on a member of the Talent Scouts or the OFCS membership to provide a translation of the applicants' writing to determine the merits of extending membership. In the event the applicant is publishing in a language which no OFCS member can translate, the Governing Committee may call on a third party to offer an objective opinion.

MEMBERSHIP REQUIREMENTS

OFCS members are required to meet the following criteria:
  1. Publish a substantial number of film reviews or other articles (a minimum of 50 per year is recommended). All articles should be linked to the OFCS web site if possible.
  2. Maintain the highest level of quality in writing.
  3. Maintain a professionally designed web site (for those who maintain their own sites).
  4. Participate in the OFCS Awards, which are voted upon at the end of the year, and participate in other mandatory votes or polls as called by the Governing Committee.
The Governing Committee reserves the right to withdraw membership if it is determined that a member:
  1. Has failed to meet any of the above criteria.
  2. Has intentionally misrepresented himself or herself to the entertainment industry, media, and/or online community as being a representative of the OFCS without the permission of the Governing Committee.
  3. Has used the online media to engage in attacks against a fellow OFCS writer designed to damage the writer's reputation, professional affiliations and connections, and/or source of income.
The Governing Committee has the right to immediately withdraw membership if it is determined that a member:
  1. Has intentionally plagiarized material, regardless of when it occurred or when it was discovered. The OFCS defines plagiarism as the copying of a substantial portion of another writer's work without attribution and permission. Examples of plagiarism include appropriating 20 or more consecutive words from another text, or appropriating half or more of the words in a passage of 50 words or more in length.
  2. Anyone who is accused of plagiarism has the right to know who has made the accusation. A meeting or conversation between the accused and the accuser will be coordinated by the Governing Committee, provided the accused wishes to confront his accuser.
  3. Has been discovered to be involved in the coordination of pirating or illegal resale of any material provided as part of, or as a result of, OFCS membership for illegal and unauthorized commercial distribution. This includes, but is not limited to, DVDs, CDs, VHS tapes, VCDs, workprints, press kits and related press materials and scripts.
OFCS members who have their membership withdrawn are provided with a two-week period to present an appeal of the decision regarding their status within the organization. If no appeal is presented during this two-week period, the membership will be considered permanently terminated. The Governing Committee will be allowed a two-week period to decide on the merits of the appeal. If the Governing Committee rejects the appeal, the membership in question is permanently terminated. OFCS members who have their membership terminated must wait one year from the time of termination to reapply for membership.

MEMBERSHIP AUDITS

The OFCS will conduct no less than two and no more than four mandatory audits per calendar year to determine if the aforementioned basic membership requirements are being met. Audits will be conducted by the Governing Committee; if the Governing Committee requires assistance, they will call on the Talent Scouts for assistance. Audit decisions are decided by a majority vote of the Governing Committee. The appeals process shall follow the same process as any membership termination, as described in the previous section.

OFCS writers can contact the Governing Committee to request waivers during the audit period. Waivers can be based on professional and personal issues and are subject to case-by-case approval by the Governing Committee. A writer who receives a waiver cannot be delisted from the membership.

Audits will be announced at least two weeks in advance of the actual auditing process.

Neither a regular audit nor the larger Talent Scouts Committee shall be required for the Governing Committee to take action in cases of plagiarism, copyright infringement, or misrepresentation.

DECISIONS

Official decisions of the OFCS can be made in one of two ways, by a general vote of the membership, or by an official committee. All decisions made by a general vote are final. Decisions made by a committee may be appealed, using the procedures documented below.

GENERAL VOTES

Votes of the general membership can either be held online at the OFCS web site or via email addressed to the Governing Committee. A vote requires a simple majority of those casting votes to pass. No quorum is necessary. When it is determined that participation in a vote is mandatory, all members must vote. Ties will be broken by a runoff vote. General votes may be called in one of the following ways:
  1. A vote by an official committee specifically authorized by the Governing Committee to call for general votes
  2. A collection of 20% of the OFCS membership
  3. On an annual basis, or as required to maintain the various committees

TEMPORARY COMMITTEES

There will be two standing committees for the OFCS: the Governing Committee and the Talent Scouts Committee. All other official committees are temporary in nature, and may be formed by the Governing Committee or by the outcome of a general vote. Committees may only make official OFCS policy suggestions in the areas defined in their charter. All committees should be made up of at least three members. Members may serve on multiple committees. After a committee is formed, the committee may optionally choose a director from its members. Committee votes shall be determined by majority rule of all members of the committee.

The duration of a temporary committee shall be determined at the time of its creation, and shall not exceed one year. At the end of the specified duration, the committee will automatically be disbanded. The rulings of a temporary committee created for a specific task shall be looked upon as guidelines for future committees attending to that task (for example, the year-end awards).

ELECTIONS

Elections for the Governing Committee will be held in the following manner:
  1. On February 1st of each year, the outgoing Governing Committee will solicit three volunteers from the membership. These Election Volunteers (EVs) cannot be currently serving on any standing or temporary committee at the time of the election. They will be charged with overseeing and ensuring the electoral process. The Governing Committee will provide the EVs with an up-to-date list of valid e-mail addresses for the OFCS membership in total.
  2. The EVs shall, in the OFCS forums and in a general e-mail to the entire membership, solicit candidates and election position statements for two weeks.
  3. At the end of the two-week period, the Election Volunteers will e-mail a ballot with all announced candidates and brief position statements to the entire membership. Members will have one week to return ballots to the EVs for counting.
  4. The Election Volunteers will separately tabulate and cross-check all results, and announce the new Governing Committee in the OFCS forums and by e-mail.
  5. The candidates for the Governing Committee have the right to campaign directly to the membership, either by online postings, e-mail, telephone or person-to-person conversations.
  6. Current or outgoing Governing Committee members may solicit votes for themselves, if they are a candidate in the next election. Governing Committee members, acting solely as individuals and in no official capacity, can offer support for candidates running for office and can answer questions from OFCS writers regarding their personal choices for the election. The Governing Committee cannot officially endorse any candidate or slate of candidates.
  7. If a candidate withdraws prematurely from an election, the EVs will notify the membership through e-mail and extend the election cycle by 24 hours. Any votes already cast for the withdrawn candidate may be recast by those members for another candidate still in the election. Under no other circumstance may a vote otherwise be changed once it has been cast.

FORUM BEHAVIOR

Member posts in the OFCS forums may only be removed in accordance with the policies of the organization's web hosting company, Rotten Tomatoes. The OFCS supports a free speech environment, and will not impede upon that freedom. However, members are reminded of requirement to maintain a professional demeanor as part of the criteria of membership.

The Governing Committee can operate under the authority provided by Rotten Tomatoes to edit online postings which are considered to be in violation of the Rotten Tomatoes policies. However, the editing of these postings cannot be made unless the writer of the posting in question is first asked to self-edit the text.

Rulings made by previous Governing Committees and temporary committees prior to the ratification of these by-laws (September 30, 2004) will remain in effect and will not be retroactively altered by the passage of these by-laws.

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