Concordium


3 Febulus 1008

Mission Statement of the Xterminators

“To redistribute the ill-gotten gains of evil, recover treasures lost to the darkest corners
of the world, and to stop any who would interfere with the freedom and
peace of the peoples of Faérun.”

Introductory paragraph: This document contains a number of articles which are intended as a whole to be a governing document outlining the conduct of business, division of treasure, rewards and other spoils, and to help in making unified decisions of, by and for the Xterminators  an adventuring company based in Whillip)). Note that these articles are only binding to members of the Xterminators themselves. Other persons adventuring with the Xterminators are not subject to these articles; with one exception - Any person wishing to adventure with the Xterminators (and expecting a share of treasure and equitable treatment by the Xterminators) must agree to abide by Article II (Division of booty and financial matters). Failure to agree upon this stipulation precludes a person from active participation in an adventure with the Xterminators, but they may willingly accompany the party as a non-party member (as an accompanying non-party member). Some articles specifically refer to non-members, but those articles cannot be considered binding upon non-members (excepting where/when a non-member has agreed to abide by Article II (Division of booty and financial matters) stipulations. These articles are presented in order to allow for a uniform code of conduct with regard to considered actions, regardless of membership affiliation.

Definitions:

1.    Xterminator Members (Company Members, Members or Member; also known as Xterminators (plural and possessive): Official members of the Xterminators organization. Voted on and accepted as members by the organization.

2.    Sponsor: One member of the Xterminators is considered to be the ‘Sponsor’ of the organization/adventuring company. Maghrehv Eiddiesse Ekhhs (aka ‘X’). X is the ‘Sponsor’ of the ‘Xterminators’. This person is a special non-voting member who cannot be Impeached or Excommunicated (ref Articles III & IV). The sponsor will hold no ‘Office’ of the party, but the Sponsor agrees to pay all Sembian taxes; so long as the party is Chartered (registered as an adventuring group) under the sponsor’s name, and the members reside at the sponsor’s manor (allowing housing exemption only for wedded members with dependent children).

3.    Party (the Party): Refers to a group of persons participating in cooperative adventuring activities (an adventure), which may or may not consist entirely of all or part of the Xterminators. Not all persons in the party need to be members of the Xterminators.

4.     Member’s Fund: Currency in physical form or funds deposited with a bank or credit holding and/or extending establishment. May also consist of real items and property belonging collectively to the Xterminators (not the private funds or property of a specific person or member), used to cover certain expenses, pay for taxes (outside those paid by the sponsor) and other group financial transactions/obligations.

5.    Value: Value in all cases should be taken to mean the accepted appraised value, or what something may be expected to sell for in gold pieces (or fractional coinage of the realm). The 'item' having value may be coins, gems, items (mundane or magical), maps, books, other valuables or property. There is no guarantee that an item will/may be sold for its perceived value as defined here. However, there is no recourse for loss of expected value to an individual, should they accept items in lieu of coin. For example: if the item turns out to be cursed, and that fact is only learned after acceptance in lieu of coin. Or, the item only works once, and the person accepting it expected it to work indefinitely.

6.    Agreement, consent, or decision: In any case where an agreement or decision is required, it should be taken to mean group voting as defined in Article V.a. Voting/Rules governing Xterminators voting procedures.

7.    Person: Someone who an article may or may not apply to. A person is not necessarily a member of the Xterminators. A person is not necessarily a party member. Person also applies to accompanying non-party members (see intro paragraph above). Person is generic. Member is specific.

8.    DOTSE: Division Of Treasure Share Exemption(s). There are certain conditions when certain items can be ‘Exempted’ from any division of shares considerations. There are also certain conditions where exemptions are NOT permitted. These conditions and stipulations are referred to as ‘DOTSE’. See below for more details.

 

I. Issues of health

A. Death

1. If a member dies during an adventure, the Xterminators will perform a speak with dead” in order to determine the deceased member’s wishes regarding his/her return to life. The Xterminators will contribute up to 6,000gp toward the cost of returning the member to life. Any additional costs will be paid by the member revived.

a) If a member does not have sufficient funds to afford the procedure/spell, a majority vote by present members will determine if the Xterminators will make a loan for (or grant) the necessary amount. The individual returned to life must acknowledge this debt upon returning to life.

B. Draining

1. If a member has his/her level(s) drained during an adventure, then the cost to have the level(s) restored will be split 50/50 between the Xterminators and the restored member (unless voted otherwise).

C. Other Disabling injuries

1. If a member is disabled in some manner while participating in an Xterminators approved/selected adventure, then the Xterminators will split the cost(s) of reparation/rehabilitation 50/50 between the Xterminators and the affected member (unless voted otherwise).

D. In Harms Way

1. No member shall intentionally harm, or place in harm’s way, any other member without their consent.

a) If a member intentionally harms, or places another member in harm’s way, then that member’s continued membership shall be discussed and if necessary voted on by all other members at the soonest opportunity.

E. Division of deceased person’s assets

1. Assets of a deceased person (when found/disposed of by the party) shall be handled in accordance with the wishes (expressed prior to death in written (a will) or verbal form, or after consultation with the dead person via speak with dead” or some other means) of the deceased person. The Xterminators will be named as executor on the wills of all members.

a) If a speak with dead (or other means of communicating with the deceased person) is not possible, and no written (or verbal) will is available/communicated, then the assets of the deceased person will be handled in accordance with Article II.

b) Items from a deceased person are not subject to taxation in Sembia (‘Booty Tax’) if that person was a citizen of Sembia and/or a member of an adventuring group based/incorporated in Sembia, and his/her items have been previously taxed or assessed (for taxation status) by a Sembian taxation authority.

 

II. Division of booty and financial matters

A. DOTSE: Division Of Treasure Share Exemption(s)

1.Before we get to the division of treasure/booty amongst party members. Let’s discuss the ‘Exemptions’. There are four exemptions to division of treasure. Four times when individual members get no say in the division of treasure. Four instances where shares of treasure are distributed/dispersed before the members get a say. Those exemptions are:

a) DOTSE-A: Items of intrinsically evil nature

(1) The party as a group determines that an item is so evil that its continued existence poses a threat to the existence of sentient life and civilization (regardless of the culture, alignment or political disposition of the civilization). These items will not be sold, lent or given to anyone (including party members, the organization’s sponsor, good-aligned caretaker organization(s)). The item(s) will be destroyed or disposed of in a manner that makes the item inaccessible to any/all sentient beings. These items are not included in the division of treasure calculations.

b) DOTSE-B: X’s share

(1) After the total value of the booty has been assessed (the only exemption being DOTSE-A), and before any other expenses are deducted for member’s expenses, but before any logical / virtual shares are distributed. The Sponsor (see definitions) shall receive a half (no exemptions/deductions) share of treasure.

(2) In this calculation, each member gets two shares, and the sponsor gets one share. In a party of seven members + the sponsor, there would be 15 shares. Each member would get two shares, and the sponsor would get one share.

(a) For example. If the party accumulated a treasure worth 75,000gp, then it would be divided as follows:

i) Each member (not accompanying non-members or animals) would be entitled to 10,000gp.

ii) The Sponsor would be entitled to 5,000gp

(3) The remaining 70,000gp would then be eligible for further reduction in accordance with DOTSE-C and DOTSE-D, and distribution of shares into a ‘Party Fund’.

c) DOTSE - C: Exempted items of value

(1) After items have been declared/presented for distribution, but before the assessment of value and final distribution (not to include temporary disposition/distribution (see III.A.c.(1).(a) and II.B.2.a) to specific individuals, the Xterminators may (with a majority vote) exclude any specific items from division and distribution as governed by Article II.

(a) Party members may dispose of or distribute recovered (including gifted items) items for use (not ownership/permanent disposition) amongst party members before the item’s final disposition/distribution, in order to benefit the party or a particular person.

(b) Any such items that are consumed or completely expended in the course of completion of the adventure are exempt from any DOTSE exemptions or compensations. Such items expended/consumed which result in a permanent benefit to a particular character or individual would only be subject to DOTSE exemptions if the party voted (see Article V) that the item is subject to division of treasure compensation.

d) DOTSE - D: Level advancement costs

(1) All training costs incurred by the Xterminators (not to include any accompanying non-members), shall be paid from the booty recovered during an adventure).

(2) Advancement to the next class level(s) and guild membership fees are considered to be party expenses under this share exemption calculation.

(3) These expenses will be deducted from the available funds before any division of treasure (except DOTSE-A, B, C). The Xterminators will pay for training costs regardless of the member’s ‘Performance Rating’ (ref RWHR)

B. Items of intrinsic/perceived monetary value

1. The Xterminators will keep track of all treasures recovered. Records of treasure (aka ‘booty’) will include the following information:

a) A name for the item(s).

b) A description of the item(s) recovered, including any known magical auras, special properties or command words.

c) A location/description of where a treasure was found/recovered. 

d) A location/description of where the treasure is stored, or who is carrying/using the item prior to the items final distribution/disposition.

e) A GP value if known or assessed.

f) The member keeping track of the booty must note when members enter or leave the party, so that proper logical / virtual shares can be calculated.

2. When items of perceived monetary value (gems, gold, coins, precious metals, magic items, etc) are obtained by any person (during the course of work on behalf of the Xterminators), they shall be presented for distribution/consideration in accordance with the clauses of this article.

a) Items specifically presented to an individual or group by a benefactor are excluded from this clause (when the item(s) are intended as a reward solely for that individual or group). The individual or group may intentionally submit such items to the Xterminators for disposition in accordance with Article II of this concordium.

(1)For example: A magic sword may be used by the party’s Fighter until the adventure is over. A magic healing potion might be held by the party’s Cleric and then used to revive a party member during the course of the adventure.

(2) for example: The party may have recovered a powerful but evil item. In order to prevent it from ever being used by some nefarious character (or NPC), the party may decide to destroy it. The item might be worth a large sum of money, or it’s full value may not be known. The party may destroy such an item. Selling such an item is typically not permitted. Once an item is ‘sold’ it becomes someone else’s property and its disposition is no longer under the party’s control. That other person might sell it or lose it. It might then end up in the hands of an evil character (or NPC).

(3) For example: The party finds a scroll, and it grants the reader the ability to burrow through earth. The party needs it to accomplish the adventure, but it will result in a permanent benefit to whomever reads it. The party decides that the Fighter of the group (a member) may read the scroll and acquire the ‘burrowing’ ability. They then vote that the member must compensate the party for this item, because it resulted in a permanent benefit to that member.

(4) For example: The party might recover a cache of money from a slave trader. The party knows that the cash box at the slave traders auction house is clearly money earned from the buying and selling of slaves. The party might decide that they will not profit (personally) from this slave trade. They might decide to give this money away to a qualifying charity (an orphanage perhaps, or a home for abused persons). Or they may decide that the money is ‘tainted’ and it needs to be burned, or destroyed in some fashion.

3. Each person in the party (members and non-members, but not animals, familiars or animal companions) shall receive a share of booty recovered by the party members (including non-party members who have agreed to be bound by Article II of this concordium). The share may be in the form of actual currency, or logical / virtual shares of currency (credit) which represent(s) the actual currency value of liquidated non-currency assets. Those virtual shares can then be used to purchase or ‘buy-back’ non-currency items. The shares received by a person shall be equivalent to the person’s percentage of total XP earned during an adventure (the adventure during which the booty was obtained/recovered). For example: If the party has earned a total of 100,000xp (after DOTSE), and a person has earned 10,000xp, then that person is entitled to 10% of the booty recovered during that adventure.

4. If there are multiple member claims on any particular item, then distribution shall be determined in accordance with Article II.B.5.a.1.a-e.

5. During distribution of logical / virtual shares, one half share shall go into a Member’s Fund (aka the ‘Party Fund’). This Member’s Fund shall be used to pay for various group expenses. These logical / virtual shares shall be calculated after a portion of expenses have been deducted in accordance with DOTSE.

a) All expenses incurred by the Xterminators (not to include accompanying non-members (unless the expense is agreed to by the group per voting procedures (see section V.A below)), shall be paid out of the Member’s Fund (not the member’s personal account/shares).

(1) This fund shall be maintained in a corporate bank account.

(a) The Xterminators bank account will be administered by the Xterminators administrator (an elected position). All deposits and withdrawals are subject to review by any of the Xterminators members.

(b) When possible, only the administrator may make bank transactions in the name of the Xterminators. Any such transactions may be vetoed by a majority vote of the members.

(c) This Member's Fund does not belong to the individual members of the Xterminators (or non-Xterminators who have agreed to distribution of treasure in accordance with Article II (per the introductory paragraph) in order to accompany the Xterminators on an adventure). Money from the Member’s Fund cannot be dispersed to individual member(s) as if a portion of it belonged to them (except in accordance with DOTSE) without a specific determination by a majority vote of the Xterminators. Once the funds are deposited into the Member's Fund they belong in whole to the Xterminators.

(d) Money from the Member's Fund may be used to pay for certain expenses of party members who are not members of the Xterminators. Provided those persons have agreed to distribution of booty in accordance with Article II. (see the introductory paragraph).

(e) If any member of the Xterminators questions the use of money from the Member’s Fund (for any reason) there shall be a vote in accordance with Article V.A.

C. Bidding on items

1. If items are desired by multiple party members (or accompanying non-party members who have agreed to distribution of booty in accordance with Article II of this concordium), then the ownership of the item in question is relegated to the party member willing to give up the largest portion of their virtual shares.

a) Bidding on such items is conducted in order of member seniority (‘F’ Me order). The opening bid may begin at the items assessed value, or any value over the assessed value (as determined by the first eligible bidder).

b) Additional bids must be a minimum of 10% more than the previous bid, or that bidder is withdrawn from consideration.

c) The item is ‘purchased’ by the member willing to surrender the largest portion of their virtual ‘shares’ in exchange for the item.

d) The amount of ‘shares’ in excess of the items assessed value will then be distributed among the remaining members (including a half share paid to the Member's Fund (see II.B.5. above).

D. Disposition of unwanted and/or worthless items

1. Any items not desired by individual members (assessed to be less valuable than the cost of appraisal and/or sale, or simply unwanted) shall be distributed to anyone who wants the item(s) without gain, or sold for profit (as determined by majority vote of the members) with any funds being equally divided (as in  Article II.C.1.d above.) Many items are sold/disposed of in order to generate funds for the party and or its members. Some items are simply discarded or given away.

E. Division of treasure in a mixed party

1. Whenever non-members (non Xterminators) are adventuring with the Xterminators, equitable distribution of treasure becomes a more difficult proposition.  Under normal circumstances, non-members who participate in adventures with the Xterminators are still required to agree and abide by division of treasure in accordance with Article II (see Introductory paragraph). When they do not agree to Article II provisions, these accompanying non-party members are not bound or entitled to division of treasure in the manner described here, and the Xterminators have no obligation to divide or distribute treasure with these accompanying non-party members. This article provides a suggested framework for treasure distribution with non-members.

a) The party (members and non-members) shall determine on a case by case basis  whether an accompanying non-party member (that has not agreed to be bound by article II of the concordium) is entitled to a share of any treasure obtained. The determination of who is entitled to a share shall be determined when that accompanying non-party member decides to leave the company of the party, or at any time determined by the party.

b) Non-members may be offered or may request a share of treasure.

(1) A recommended compensation for non-members who do not agree to Article II distribution (see Introductory paragraph) would be monetary compensation only. Each person who has not agreed to Article II distribution may receive a share of all booty recovered by the party members. The share received may be equivalent to a percentage of total XP earned during the adventure. For example: If the party has earned a total of 100,000xp (during the adventure) and a person has earned a total of 10,000xp (during that same adventure), then that person may be entitled to 10% of the booty/treasure recovered - In monetary compensation. (Monetary compensation is recommended, because the non-members may not know the correct share value for non-monetary items, especially when it comes to magical items).

(2) Accompanying non-members (see Introductory paragraph stipulation for party members) shall not be eligible to receive non-monetary compensation, unless the party calls for a vote, and a majority votes to allow such compensation. The allowed form of compensation must then be decided by the party members (Note: Voting in this instance is party voting, not Xterminator voting in accordance with Article V.A. below).

 

III. Membership

A. New members

1. New members shall be permitted to join the Xterminators only if:

a) That character wishes to join the Xterminators.

b) A vote of current members indicates that the person in question should be admitted into the Xterminators as a full member.

c) The person under consideration agrees to abide by these articles/this concordium, any current bylaws, as well as the Xterminators charter and the votes of the other members.

B. Leaving the Xterminators

1. Current members may leave the Xterminators in any of the following ways:

a) Death of any permanent nature.

b) Death; where communication (as in Article I.A.1. above.) with the member indicates that the member wishes to remain dead.

c) The member voluntarily leaves the Xterminators.

d) The member is excommunicated (involuntarily removed) from the group by a vote where all members (allowing for the exception of the member in question) agree with the excommunication.

(1) Involuntary removal/excommunication can only be initiated (voted on) when there is a minimum of 50% or more of the voting members present (excluding the member being considered for removal).

e) Extended absence (from the group) of six months or longer without communications.

 

IV. Election of officials

A. Annual elections

1. Whenever possible elections shall be held annually on the anniversary of the chartering of the Xterminators.

a) Elections shall also be held whenever deemed necessary, as determined by a vote of the members.

B. Nominations

1. Officers of the Xterminators may be nominated by any member.

a) Each member may nominate one member for each official position.

b) A member may nominate him/her self.

2. All members (except the sponsor (see definitions)) are eligible for nomination.

3. Nominations are to be verbal in nature.

4. A member’s nomination must be seconded in order for that member to become a candidate for an official position.

a) Each/any member may second the nomination of another member.

5. Any nominee may decline nomination (up to the time of any actual voting). Once voting has begun, a member may not decline their nomination).

6. No member may hold more than one office at a time (unless there are too few members to fill all offices).

 

C. Duties

1. The duties of the Xterminators offices are outlined below:

a) Leader

(1) Preside over and control meetings of the Xterminators.

(2) Resolve ties in Xterminators votes by being the designated tie breaker. (See V.A.1.f).

(3) Direct the activities of the Xterminators in a limited manner. The Leader’s direction must be done in the best interests of the party, and such direction/decisions must reflect the party’s will as expressed in the Mission Statement.

(4) Exercise supervision of any hirelings or associates hired by or accompanying the Xterminators (not including personal hirelings, associates, familiars or companions).

b) Spokesman/Second in command

(1) Be the primary speaker in any situation where an official representative is requested or desired.

(2) Monitor and manage the public image of the Xterminators.

(3) Be the primary contact for persons or organizations wishing to contact and/or communicate with the Xterminators.

(4) In the event that the leader is absent, or otherwise incapable of performing the duties of the office, the spokesman shall temporarily assume the duties of the leader until he/she can resume his/her duties, or a new leader is elected.

c) Administrator

(1) Keep and maintain all Xterminators records pertaining to treasure, bank statements, costs, profits, etc. Including the Charter and these articles (this concordium).

(2) Ensure that the Xterminators have all documentation, papers, writs, etc. necessary to ensure compliance with local laws and customs.

(3) Keep all pertinent records and documents (including the wills of members) in a safe and centralized location.

(4) Maintain the Member’s Fund and all associated documents.

(5) Arrange and manage all financial transactions required by the Xterminators: Including dispersal of fees, collection of dues, payment of taxes, etc.

(6) Maintain a calendar of events, or appoint someone to do so.

 

D. Elections

1. All members present on the day of elections (as described in Article IV.A.1. and IV.A.1.a above.) shall be eligible to nominate officers and vote for the election of Xterminators officials; provided there are a 50% or more of the party members present.

a) Each member must cast one vote for each official office.

b) A member may only vote for nominated persons.

2. Members will vote in private/secret (during elections).

3. Votes will be tallied by a trusted unbiassed non-member (or the current party leader) in order to determine the winners in the new elections. These individuals then assume the duties of their respective titles.

a) This tallying process may be challenged and verified by any member(s).

b) If there is a tie, then a new vote is called for and all present members must vote again (Current party Leader does not break ties during election voting).

(1) If there is yet another tie, then the current official retains his or her position until the Xterminators can resolve the matter.

E. Impeachment

1. The process of impeachment is conducted in the event that an officer is found guilty of gross misconduct/misuse of his/her office and/or the officer’s alignment is discovered/known to be evil.

a) The official in question is given the opportunity to first explain his/her action(s), and then offer his/her resignation.

b) The official in question is impeached from the official position if a vote of all members, except the one in question, indicates impeachment.

 

V. Voting

A. Rules governing Xterminators voting procedures

1. There are several instances where a vote may be called for. Either in accordance with an article, or as the result of some member request, or unusual situation. All voting procedure (except as outlined elsewhere in these articles (see election voting above) should follow these guidelines:

a) A majority of members must be present in order for a vote to be called.

b) All votes should be verbal in nature (unless voting on offices/officers (see Article IV.D.2. above)).

c) No vote regarding an absent member may be called (Except as noted in III.B.1.e above).

d) Once a determination is made that a vote is needed, each member may vote once per issue.

e) Each member may vote for, against, or abstain, on any issue brought to a vote.

f) If there is a tie, then the current leader’s vote is removed from the tally in order to resolve the tie; unless the leaders vote was an abstention, in which case the leader may either change his/her vote to break the tie or table the matter until a later time.

 

VI. Article amendments and bylaws

A. Amendments

1. These articles may be amended, abolished, or changed by any vote of  members where all members agree on the proposed changes.

B. Bylaws

1. Bylaws are intended to cover small incidental areas of concern. Whereas the articles are intended to cover areas of major importance and concern.

2. Bylaws may be added to the articles by any vote of members where 75% of the members agree to the proposed bylaw.

a) Bylaws may likewise be amended, abolished, or changed by any vote of members where 75% of the members agree to the proposal.

 

VII. Current Bylaws

A. Meetings

1. While members are in town, there shall be a minimum of two meetings per week; on Freeday and Godsday at breakfast (within an hour before or after a generally agreed upon morning meal time).

a) All members should attend these meetings unless an emergency occurs; or acknowledgement/notification is sent to an officer prior to the meeting.

b) Unaccounted absence from such meetings shall constitute declaration/existence of an emergency, mitigating immediate cancelation of the meeting and investigation/action in regards to the emergency situation.

B. Personal debt

1. Neither the Xterminators, nor any member, shall possess a financial debt, without the knowledge of the Xterminators/the other members of the Xterminators.

C. Use of personal property during death to life transition period

1. The personal items of deceased members, especially magical items, may be distributed amongst living members and utilized in their normally expected manner (unless the deceased owner has communicated a specific restriction regarding the use of such an item).

2. Such Items must be returned (when possible) to the member upon their return to life, without recourse regarding used up charges, damage, or loss of such items.

3. The member returned to life may seek restitution for use of charges, damage, or loss. If restitution is sought, an uninvolved member will be appointed as arbitrator to determine the value of any such restitution and a majority vote will determine the outcome of the petition.

 

Signatories:

The following members agree to abide by

the articles and by-laws of this concordium:

 

 

 


Concordium

 

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