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[FAILED] The Commendation/Censure Act
#11

(10-20-2018, 08:37 AM)Amerion Wrote: If a legislator happens to be behaving appallingly, does this bill not restrict the Chair's authority to maintain order and decorum in a timely manner?

I would think not, since the Chair still has the power to order a suspension via LegComm regardless.
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#12

Section 4, Article 3 of the Legislator Committee Act states that:
  • The Chair of the Assembly may suspend a Legislator of their privileges vested in them as a member of the Assembly for disruptive behaviour through ordering the Legislator Committee to do so.
  • In the case of a Legislator having been suspended multiple times, they may be declared ineligible for legislatorship by a fair trial before the High Court. 
I recommend that you remove Section 3 of Article 3 due to the following reasons:
  • It will give the Chair and the Legislator Committee excessive powers as they have already been given those powers in accordance to the Legislator Committee Act.
  • The section is very vague, especially the part that I have bolded and highlighted, what I am afraid of is that there will be some point in the future where a Chair or the Legislator Committee overreached their power because there are no specifications as to what they can or can not do in case of a member being censured.
Quote:(3) Any member of The South Pacific who is censured may face action by the Chair or the Legcomm, including temporary suspension of legislator status. 
  • Due to the fact that censure is only the expression of discontent from this legislative body towards, in this case, a Legislator, for the actions they committed that may damage the honour and reputation of the Assembly, there shall be no action against that Legislator. Because censure is a formal statement of disapproval and shall not lead up to any strong disciplinary action against a member of the Assembly. I want to also emphasize that Legislators can only get suspended for disruptive behaviour, thus a censure against any member will probably not fall into grounds where the Chair and LegComm can act on.


It is my opinion that Section 2, Article 1 and Section 2, Article 2 of this bill is unnecessary as Legislators can introduce a commendation/censure bill through Assembly Resolutions, as Roavin has already mentioned. However, it seems to me that Assembly Resolutions are described to be relating to matters of law and bearing the force of law. If I am wrong on the issue of Assembly Resolutions, please tell me. If I am right, I would suggest the use of an other type of legislation that does not have the force of law and is used to express the sentiments of the Assembly, like Concurrent Resolutions of the United States Congress.

I suggest that other sections of Article 1 and 2 be kept as they set the definition and scope of commendation and censure and can be used as a referral in times when it is needed.
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BZERNELEG 
 
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#13

(10-19-2018, 08:59 PM)Ryccia Wrote: No. Just, no. I am part of the Assembly, and if I don't want to condemn or commend anyone, yet if the Assembly votes for such things, I will be part of a body that may have condemned a person I like, or commended a person I absolutely detest.

I'm neither for nor against the act at this point, but I do feel the need to point out that the problem you've hit upon here is nothing more than the double-edged sword of democracy. Anything the Assembly does you could be considered implicitly part of, as a member of that Assembly. Probability states, however, that at least some of those actions will be things you voted against and may even have disagreed strongly with. That's just how democracy works.
Founder of the Church of the South Pacific [Forum Thread] [Discord], a safe place to discuss spirituality for people of all faiths and none (currently looking for those interested in prayer and/or "home" groups);
And The Silicon Pens [Discord], a writer's group for the South Pacific and beyond!

Yahweo usenneo ir varleo, ihraneo jurlaweo hraseu seu, ir jiweveo arladi.
Salma 145:8
#14

Aren't the Legion Awards basically commendations already?

I'm not particularly opposed to censure, to be honest. I think it might be a good idea to have a negative consequence that's not being banned or disenfranchised, for minor infractions. I actually included censure in a new Criminal Code I was working on all the way back in January: https://docs.google.com/document/d/1eBFG...sp=sharing
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#15

Glen, do you think there are cases where the Assembly should censure somebody for reasons not specified within that proposed Criminal Code?
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#16

I mean, I think “behavior unbecoming a legislator” is broad enough to encompass any kind of misbehavior that’s not already listed, that the Assembly finds a big enough deal. If it’s not, then the censure would presumably fail. Unless people are just voting based on whether or not they like the person.


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#17

Fair enough.
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#18

i edited the bill
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#19

(10-30-2018, 12:57 AM)islands_of_unity Wrote: i edited the bill

You should include a copy of the edited bill and the changes you've made in your post when you do that - it makes it much easier to track progress.
Founder of the Church of the South Pacific [Forum Thread] [Discord], a safe place to discuss spirituality for people of all faiths and none (currently looking for those interested in prayer and/or "home" groups);
And The Silicon Pens [Discord], a writer's group for the South Pacific and beyond!

Yahweo usenneo ir varleo, ihraneo jurlaweo hraseu seu, ir jiweveo arladi.
Salma 145:8
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#20

I move to bring this bill to a vote




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