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Legal Question: LC Authority and Voter Influence
#1

Your Honor, I submit the following legal questions in response to recent actions by Local Council Representative regarding Mass Regional Telegrams:

"Does the Local Council Representative have the authority to include personal opinion when informing the Regional Community on Charter Amendments that directly affect them?"

"Does the Local Council Representative have the authority, when informing the Regional Community on Charter Amendments that directly affect them, which way they should vote?"

"Does the Local Council Representative need gain approval from the Delegate each time they wish to send out a Mass Regional Telegram?"



Article V Section 1 of the Charter states the following in regards to the purpose of the Local Council:

Quote:1. The Local Council will be a body of three residents of The South Pacific elected by the region as a whole every four months, who will represent the interests of all players in the region, moderate the Regional Message Board, and encourage activity on the game-side.

The Charter specifically states the Local Council "will represent the interest of all players in the region". It is quite clear that the opinion of one individual Local Council Member does not qualify as representing the interest of all players in the region. Furthermore, stating specifically which way the Regional community should vote on a Charter Amendment that directly affects them, clearly does not represent the interest of all players in the region.

Additionally, I would argue that if allowed by the court, the actions of the Local Council Representative quite possibly violate Article 1 Section 6 of the Criminal Code, which states:

Quote:(6) Corruption shall be defined as the misuse of public office for private or personal advantage.


Article V Section 3 of the Charter states the following in regards to the authority of the Local Council:

Quote:3. The Local Council will have the authority to run regional polls, create and pin Dispatches, and to suppress messages on the Regional Message Board according to a standard moderation policy. It may not alter the regional flag or tags, and may not send out mass telegrams, without the approval of the Delegate.

Here the Charter states that the Local Council may not sent out mass telegrams without the approval of the Delegate. I would argue that approval is needed in each case when the Local Council intends to send out a mass telegram to the region. The reason this statement is written in the Charter this way is to make that point clear. The Charter makes clear what the Local Council can do, without restriction, and what it cannot do, without approval.

The Great Council of 2016 debate on this topic makes several mentions to mass telegrams being a potential nuisance to the Regional Community, which is why this specific restriction was put in place.


Your Honor, having shown above that the actions of the Local Council Representative do not fulfill the duties to the Regional Community as stated in the Charter, I would ask that the court clarify what may be included in communications to the Regional Community in regards to Charter Amendments that directly affect them, so that the duties of the Local Council may be properly fulfilled as set out in the Charter.

If needed, the Mass Regional Telegrams in question can be provided for the court.
Semi-Unretired


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Legal Question: LC Authority and Voter Influence - by Drugged Monkeys - 07-29-2016, 07:52 PM



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