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Moving to an appointment-based Cabinet
#40

It seems this discussion has stalled out a bit, which is rather unfortunate considering the discussion behind the actual reasoning for this proposal is just getting started.

That said, I want to give us something more to work with for discussion (and eventually voting) purposes. I'm not super happy with how Moon's redrafts to the Charter, etc. are working, in large part because I think they're still trapped by the vestiges of a collective responsibility Cabinet rather than a singular unitary executive. I also think it's important to provide space for some of the compromise ideas that have been discussed here to be included in the draft.

I'll also note that I've included the shift to a three month term rather than a four month term in this draft.

So, here goes.
Quote:
The Charter of the Coalition of the South Pacific

[...]

VI. THE EXECUTIVE

Establishing the executive authority of the Coalition an executive branch consisting of the Prime Minister and the Cabinet.

(1) The primary executive authority of the Coalition will be the Prime Minister, who shall serve as the head of government. They will be responsible for the coordination and execution of executive activities, ensuring communication between the executive and the community, and the protection of the community.

(2) The Prime Minister shall serve a term of three months. The date, time, and manner of elections will be set by the Assembly in a law.

(3) The Prime Minister shall, upon their election as Prime Minister, nominate a Cabinet of Ministers to assist in the execution of the region's government. The responsibilities and portfolio of each Minister shall be at the discretion of the Prime Minister, however they at minimum must name Ministers responsible for the region's foreign affairs, military, cultural activities, and outreach and integration efforts. Before assuming office, Ministers must be confirmed by the Assembly in a vote lasting not longer than 48 hours.


(1) The Prime Minister will be the head of government and the leader of the Cabinet. They will be responsible for the overall coordination of executive activities, being a liaison between the government and the community, and protecting the Coalition.

(2) The Cabinet will consist of ministers with the following portfolios: Foreign Affairs, Culture, Engagement, and Defense.

(3) As leader of the Cabinet, the Prime Minister is responsible for overseeing a collective Cabinet agenda, and may give directions and instructions to the ministers. Disputes within the Cabinet are subject to the majority decision and collective responsibility; where there is no majority the Prime Minister’s vote shall be the deciding one.

(4) The Office of World Assembly Legislation will be a permanent executive office, which will be led by a Director, responsible for coordinating the Coalition's activities in the World Assembly, providing assistance in drafting resolutions, and issuing voting recommendations on World Assembly proposals. At the start of each Cabinet term, the Director will be appointed by the Prime Minister for a term coinciding with the Cabinet's. In any vacancy, a new Director will be appointed by the Prime Minister to serve the remainder of the term.


(5) (4) Members of the Executive are required to hold legislator status.

Elections

(6) Executive elections will be held every four months, where the Prime Minister and all Cabinet positions will be up for election.

(7) The date, time, and manner of elections will be set by the Assembly in a law.

Minister of Culture

(8) The Minister of Culture will be responsible for supporting the roleplay community and organizing regional cultural activities, events, and exchanges.

Minister of Engagement

(9) The Minister of Engagement will be responsible for recruiting and integrating new players into the Coalition's government and community, maintaining public infrastructure such as dispatches and other guides, setting unified presentation standards, and providing graphics to the government and citizens of the Coalition.

Minister of Foreign Affairs

(10) The Minister of Foreign Affairs will be the Coalition’s chief diplomat. They will be responsible for establishing the government’s foreign policy program, communicating with allies, and coordinating with the military on foreign policy priorities when necessary.

(11) The Minister of Foreign Affairs holds the sole power to initiate treaty negotiations with other regions, groups, and organizations, but may designate officers to handle those negotiations. Upon completion of a treaty negotiation, the Minister must present it to the full executive for majority approval, before submitting it to the Assembly for ratification.

(12) The Minister of Foreign Affairs will be responsible for establishing standards for the creation and maintenance of consulates and embassies.

Minister of Defense

(13) The Minister of Defense will be the civilian leader of the armed forces of the Coalition, the South Pacific Special Forces. In conjunction with a group of Generals, the Minister of Defense will be responsible for the defense of the Coalition, building military activity, and conducting military operations.

(14) The Minister of Defense may elect to establish an intelligence office, in equal coordination with the Council on Regional Security.


Executive Authorities

(6) The Prime Minister shall hold the authority to appoint members of their Cabinet, subject to majority confirmation by the Assembly, and the authority to dismiss members of their Cabinet at will.

(7) The Prime Minister shall serve as the chief diplomat of the region in external affairs. The Prime Minister shall exercise the sole authority to initiate treaty negotiations with foreign regions, to build and demolish embassies on-site, to determine the foreign policy agenda of the Coalition, and to communicate with the region's allies and partners. The Prime Minister may delegate these authorities at their discretion, but retains ultimate oversight and authority over these decisions.

(8) The Prime Minister shall serve as the commander-in-chief of the armed forces of the Coalition, subject to limitations prescribed by the Charter and in laws. While the Prime Minister will serve as the ultimate decider about military deployments and personnel decisions, they shall generally seek to obtain the advice of the military's Officers and are prohibited from retaliation against Officers for disagreements, unless the Officer acts in defiance of the Prime Minister's orders.

(9) The Prime Minister shall be responsible for maintaining and building community activity across all communications platforms of the Coalition, including at least its forum, Discord server, and the regional message board.


(15) (10) The Prime Minister executive may issue exercise the collective authority of executive orders, by unanimous consent among the Prime Minister and Cabinet ministers. Executive orders may only be issued to address an immediate and pressing issue created by ambiguity or holes in a particular law, which will immediately have the effect of law. (16) Upon declaring an executive order, the order will be presented automatically to the Assembly for three days of debate, followed by a vote according to legislative rules, where it will expire and its effects shall be reversed if the Assembly does not incorporate it into law.

(17) The Prime Minister, Cabinet ministers, and other executive offices may elect to appoint deputies and advisors, who will be considered junior members of their respective offices, but will not have voting rights in any executive decision.

[...]

XI. RECALLS AND MOTIONS OF NO CONFIDENCE

Establishing a method to hold government officials to account.

(1) Any official of the Coalition may be recalled by an Assembly resolution passed with a three-fifths majority of those voting.
a. Recalls should only be initiated for dereliction of duty, abuse of authority, or violations of the law, and not for purposes of political rivalry.
b. Upon initiation, recall resolutions must be debated for three days and receive a motion and second before being put to vote.
c. Upon passage, the recalled official will immediately be removed from office.
d. In the event of the recall of the Prime Minister, it triggers a special Prime Minister election in a manner put forth by the Assembly in law.
e. In the event of the recall of a Cabinet minister, the Prime Minister may nominate a new Minister for the office, but is prohibited from nominating the recalled individual to any Cabinet ministry for the duration of the term.


(2) A Motion of No Confidence may be initiated by the Assembly if the members have lost faith in the effectiveness and activities of the Prime Minister and the Cabinet. Motions of No Confidence must be debated for three days and receive a motion and a second before being moved to vote. Passage requires three-fifths majority support of those voting, and triggers a special election for all Cabinet offices.

[...]

X. THE MILITARY

Creating an official military for the purposes of regional defense, war, and gameplay.

(1) The South Pacific Special Forces will be the official military forces of the Coalition. Their responsibilities will be to enact the government’s military policies abroad, foster activity for the region, and serve as a representative of the Coalition’s power and influence.

(2) The military will be led by the Minister of Defense Prime Minister, along with a corps of Officers generals appointed by the Minister and approved by the Assembly. The Minister and general corps may establish further hierarchy, create programs, and appoint deputies as they see necessary. The Prime Minister will have the ultimate authority over the military, including in deployments, personnel matters, and promotions, subject to the provisions of applicable law.

(3) The military will have the support of the Coalition in conducting operations to protect innocent regions from attack and oppression and promote legitimate, native democratic institutions across the world. The military may not colonize or annex any region without the express permission direction of the Cabinet Prime Minister and approval, by majority vote, of the Assembly, by majority vote of both chambers. Nor may the military attack, subjugate, purge, destroy, or vandalize any regions, excepting those regions which espouse hateful ideologies and those regions against which the Coalition has declared an official state of war.

(4) The Minister of Defense will coordinate with the Minister of Foreign Affairs, to ensure that no military activities harm the government’s diplomatic affairs or public relations.
Quote:
Elections Act

An act establishing elections for office

[...]

4. Offices of the Cabinet

(1) On the first of every February, May, August, and November February, June and October, the Assembly will convene to elect the Prime Minister and the Cabinet.
a. After the first 3 4 days of the election period, during which legislators may declare their candidacy and campaign for only one position, and a campaign-only period of two days, where candidates may campaign and the Assembly will debate the merits of their platforms, the Assembly will vote for 2 3 days.
b. For each position, t The respective winner, as decided using Instant-Runoff Voting, will be declared the Prime Minister-elect by the Election Commissioner.

(2) The terms for the incoming Prime Minister and their appointed Cabinet ministers will begin the one week after elections. Before this inauguration, any and all election-related disputes must be settled. The outgoing Prime Minister and Cabinet ministers will maintain their offices until then. During this transition period, the Prime Minister shall nominate Cabinet ministers for confirmation by the Assembly, with the goal that the initial slate of Cabinet nominees be confirmed or rejected by the end of the transition period.

[...]

6. Vacancies of Office

(1) A special election will be held for vacancies arising within the Cabinet, if at least half of the term remains. If less than half of the term remains, or the position is vacant due to nobody running in its election, the Cabinet may appoint a replacement until the next regularly scheduled election.

(1) A special election will be held for a vacancy in the office of Prime Minister. If at least half of the term remains, the Assembly shall elect a candidate to serve the remainder of the current term. If less than half of the term remains, the Assembly shall elect a candidate to serve for the remainder of the current term and the entirety of the subsequent term. To ensure continuity of governance during the election period, the Cabinet shall select amongst themselves a Prime Minister to ensure continuity of governance. A Prime Minister elected during a special election will not wait a transition period before assuming office.
 
Quote:
Legislative Procedure Act

An act to define the procedural rules of the Assembly

1. Legislative Rules

[...]

(3) General laws, amendments, resolutions, and appointments to non-Cabinet positions will remain at vote for three days. Constitutional laws, constitutional amendments, resolutions dealing with matters of constitutional law, and treaties will remain at vote for five days. Appointments by the Prime Minister to Cabinet positions will remain at vote for two days.
 
Quote:
Legislator Committee Act

An act to establish a commission to manage legislators

1. Scope

(1) The Legislator Committee is the commission responsible for granting and revoking legislator status to members.

(2) The Legislator Committee comprises no less than three and no more than five legislators that have each been appointed by the Cabinet Prime Minister and approved by the Assembly via a simple majority vote.

(3) A member of the Legislator Committee is removed from the committee if
a. the member resigns,
b. the member loses legislator eligibility, or
c. the member is recalled by the Assembly through regular order.

(4) If there is no member of the Legislator Committee available due to vacancy or leave, and there are outstanding duties to be performed, the Cabinet Prime Minister and the Delegate jointly may appoint an emergency member to handle any urgent matters of the committee. The Council on Regional Security may, on security grounds only, rescind the Cabinet's emergency member's appointment. The emergency member's tenure will last until the Cabinet Prime Minister or Delegate rescinds the appointment or until one week after a regular committee member is available, whichever happens sooner.
 
Quote:
Sunshine Act

An act to periodically publish threads in private government forums

[...]

2. Publishing of Discussions

(1) The significant discussions of an institution shall, in due time, be released for public archival accessible to all members of the South Pacific.

(2) The release of discussions shall occur at the following times:
a. For a Cabinet Prime Minister's term, discussions from the Cabinet shall be released no later than 6 months after the completion of that term:
i) Discussions of the February to June May term are due for release in the following December November.
ii) Discussions of the June May to October August term are due for release in the following April February.
iii) Discussions of the October August to February November term are due for release in the following August May.
iv) Discussions of the November to February term are due for release in the following August.
 
Quote:
World Assembly Act

An act to define the World Assembly procedures of the Coalition of the South Pacific

1. Powers

(1) The Prime Minister shall hold the ultimate authority to determine the Delegate's vote on proposed World Assembly resolutions.

(2) The Prime Minister may, at their discretion, establish a process utilizing wider input to determine the Delegate's vote on proposed World Assembly resolutions. If so, this process will be published in a public area of the regional forum. In such process, there must be a provision granting the Prime Minister the power to override a vote on a World Assembly resolution for security and diplomatic purposes.


(1) The Delegate shall cast their vote on proposed World Assembly resolutions according to voting recommendations issued by the Office of World Assembly Legislation, except under circumstances in which the Office issued a recommendation for the Delegate to abstain from voting. If the Office's recommendation is contrary to the vote of all World Assembly nations in the South Pacific, the Delegate may choose to change their vote in collaboration with the Office.

(2) In the absence of a recommendation, the Delegate shall consult with Cabinet to determine which direction to vote in. If the direction is contrary to the vote of all World Assembly nations in the South Pacific, the Delegate may choose to change their vote in collaboration with the Cabinet..

(3) The Cabinet may override a vote on a World Assembly resolution for security and diplomatic purposes.


2. Approval voting

(1) The Delegate may give an approval vote on proposed World Assembly resolutions freely or based on the instruction of the Office of World Assembly Legislation Prime Minister or designated Cabinet minister.

(2) The South Pacific Special Forces are prohibited from engaging in approval raiding, except as prescribed in the Charter.

3. Voting

(1) The Office of World Assembly Legislation shall determine the medium for voting on proposed World Assembly resolutions.

(2) Nations of the South Pacific that are World Assembly members or members of the South Pacific Special Forces may not be barred from eligibility in having their votes counted.

(3) If a nation resigns from the World Assembly or their membership in the South Pacific Special Forces before the voting period ends, their vote shall not count.


4. 3. Legal Impact of Security Council Declarations

(1) "Security Council" is an official organ of the World Assembly, to which the Delegate serves as the South Pacific’s representative.

(2) "Declaration" is an official resolution adopted by the Security Council that attempts to express the will of the Security Council on any issue under its jurisdiction.

(3) No declaration adopted by the Security Council will be recognized, abided by, or considered law by the South Pacific, unless sent to the Assembly by the Cabinet and ratified by a majority vote of the Assembly.

(4) No vote cast by the Delegate on a declaration of the Security Council will be considered implicit or explicit approval or disapproval of the declaration by the South Pacific itself.
 
Quote:
Treaties Act

An act defining the Cabinet’s treaty powers

1. Assembly Ratification

(1) Upon the receipt of a treaty by the Minister of Foreign Affairs Prime Minister or a designated Cabinet member, the Assembly will debate the proposed treaty for at least five days before any vote is held.

(2) Amendments to existing treaties must be ratified under the same protocols as original treaties.

2. Treaty Dissolution and Repeal

(1) A treaty will be dissolved if the Cabinet Prime Minister or a designated Cabinet member reports to the Assembly that a signatory to the treaty has violated its terms. The dissolution report must include detailed evidence, which will be up for a commenting period in the Assembly for one week before the dissolution is legally binding.

(2) If a signatory to a treaty notifies the Cabinet Prime Minister or a designated Cabinet member that they have dissolved the treaty on their end, the Cabinet Prime Minister or a designated Cabinet member will swiftly notify the Assembly. The treaty will be dissolved automatically upon Assembly notification.

(3) Should the Cabinet Prime Minister wish to dissolve a treaty for reasons other than the violation of its terms, they (or a designated Cabinet member) must notify the Assembly. The Assembly will debate for at least five days, and then vote on its repeal. Should a vote on its repeal pass with majority support, the treaty will be dissolved officially, and the signatory notified promptly.

3. Supremacy Clause

(1) The terms of the Charter and of this act are held supreme over terms found within a treaty. No treaty may contradict or violate the laws of the Coalition.
 
Quote:
Regional Officers Act

An act providing for the granting of Regional Officer powers to government officials

[...]

2. Regional Officers

[...]

(2) The Prime Minister will be granted all non-Border Control powers.

(3) The Prime Minister will appoint up to three Cabinet ministers to Regional Officer positions, specifying when making those appointments what powers the Regional Officer should be given. The Prime Minister may allocate any combination of all non-Border Control powers to each Regional Officer they appoint. These appointments will last for the duration of the Prime Minister's term. The remaining Cabinet ministers will be allotted up to three Regional Officer positions and granted Appearance, Communications, and Polls powers. They will decide which Cabinet ministers among them will be granted Embassies power.

[...]

3. Executive Discretion

(1) The Cabinet Prime Minister and/or Delegate may grant Communications, Appearance, and Polls powers to regional members as they see fit.

[...]

4. Limitations

[...]

(3) Exercise of Regional Officer powers must follow all applicable laws and rules. Behavior unbecoming of a representative of the South Pacific may result in suspension of Regional Officer power, even for ministers, as determined by a majority of the Cabinet the Prime Minister.
 
Quote:
Proscription Act

An act to grant authority to declare hostile persons or organizations prohibited from entering or residing in the Coalition

[...]

3. Grant of Authority

(1) The Prime Minister Cabinet or the Council on Regional Security may proscribe an individual that is not a member of the Coalition, or a foreign region or organization, that they determine to be hostile. The Prime Minister Cabinet together with the Council on Regional Security may proscribe a member or a group of members that they determine to be hostile.
Quote:
Military Code

An act establishing the rules and regulations of military forces

1. General Corps Governance

(1) The Prime Minister is the civilian commander-in-chief of the military. No member of the military may refuse any lawful order or direction of the Prime Minister or of any civilian officer.

(2) The Prime Minister may, at their discretion, appoint a Cabinet minister responsible for further civilian oversight, maintenance, and growth of the military. Any such Cabinet minister is considered an ex officio member of the General Corps.

(3) The General Corps is a commission which is collectively responsible for planning and overseeing missions of the military, deciding personnel matters including applications and promotions, and providing military advice to the Prime Minister. A member of the General Corps shall be referred to as a General.

(4) The Prime Minister will have the power to appoint and dismiss Generals.
a. The Assembly may, by majority vote, overturn the decision to appoint or dismiss a General.
b. The Assembly may, by majority vote, recall a General.


It is unlawful for the Prime Minister to dismiss a General for providing dissenting opinions or advice to the Prime Minister's perspective, unless the General refuses to follow a lawful order given by the Prime Minister.

(1) The General Corps is a commission comprising up to three Commanders and the Minister of Defense. A Commander on the General Corps shall be called a General.

(2) The General Corps shall be the supreme entity leading the military, hold responsibility for the planning and overseeing all missions of the military, decide all personnel matters including applications and promotions, and handle disciplinary actions as a tribunal.

(3) In case of a vacancy on the General Corps, the Minister of Defense may appoint a Commander with approval by the Assembly to become a General. Should there be no Generals, the military shall not operate except for the self-defense of the South Pacific, for the defense of an ally, or for the purposes of explicit treaty obligations.

(4) A General is removed from the General Corps if
a. the General no longer holds the rank of Commander (temporary demotions shall not be considered for this purpose),
b. a simple majority of the General Corps votes for the removal, or
c. the General is recalled by the Assembly through regular order.


2. Ranks

(1) The attainable ranks in the military are, from lowest to highest:
a. Trainee, which is the entry rank for any new member of the military, regardless of prior experience;
b. Soldier, which is the rank for which a member of the military is considered to be able to autonomously follow any order described in battlefield-typical terms;
c. Officer, which is for individuals deemed capable of leading troops in operations;
d. Commander General, which is considered the rank that can plan and execute larger, potentially long-term operations.

(2) The General Corps may introduce specialized ranks within the main ranks at its discretion.

(3) The General Corps shall define rank requirements for each rank, which must be viewable by any member of the military. The requirements must include objective criteria based on operations performed by the individual in the name of this military, as well as subjective criteria based on the General Corps's judgement of the individual's character as it relates to the specific rank to be attained.

(4) For the rank requirements for Commanders Generals, the General Corps must include criteria that require state-of-the-art skills and knowledge required for liberating a large game-created region.

(5) When rank requirements are changed such that there are members of the military that no longer qualify for their current rank, the General Corps must grant a reasonable grace time for affected members to meet these new requirements before they are demoted.

3. Rules

(1) A member of the military must show respectful behavior towards a superior, must not bully, humiliate, or intimidate their subordinates, and must not act in an unbecoming manner toward their peers.

(2) A member of the military may not intentionally or recklessly disobey a lawful command given by a superior, or intentionally or recklessly put at risk, delay, or otherwise disrupt a lawful operation.
a. It is unlawful for a member of the military to be dismissed for giving dissenting opinions or advice to a superior's perspective, unless they refuse to follow a lawful order or recklessly the success of a lawful operation.

(3) A member of the military may only be a member of another military with assent of the General Corps, which it may rescind at any time and for any reason. If the member's other military is on the opposing side of an arbitrary R/D conflict, the member may not change sides for the duration of the operation, and shall be considered suspended from the military for the duration of the operation should they be engaged on the opposing side.

(4) A member of the military must not aid the enemy. A member who is also a member of another military and engaged alongside that military on the opposing side during an arbitrary R/D conflict shall not be considered in conflict of this rule.

(5) A member of the military may not obtain or attempt to obtain confidential information with the intent to disclose it to individuals or organizations not authorized to possess it.

(6) A member of the military is required to perform at least one mission every calendar month, unless suspended or granted leave by the General Corps.

(7) The General Corps may instate additional rules that do not contradict rules stated here at its discretion. These rules must be publicly visible.

4. Disciplinary Actions

(1) The General Corps is responsible for determining whether a member of the military has conducted themselves in a way not befitting their rank or not befitting their membership in the military. Upon making such a determination, the General Corps will issue one or more disciplinary actions as appropriate, keeping in mind the severity of the infraction and the individual's disciplinary history.

(2) A disciplinary action given to a member of the military can be any one of:
a. Temporary demotion, in which the affected member must serve under a lower effective rank for a duration of up to one month;
b. Indefinite demotion, in which the affected member's effective rank is indefinitely lowered by virtue of no longer meeting rank requirements;
c. Suspension, in which the affected member may not serve the military for a duration of up to one month;
d. Honorable discharge, in which the affected member is dismissed of duty in good faith;
e. Dishonorable discharge, in which the affected member is dismissed of duty and not permitted to return without special assent of the Assembly.

(3) A member of the military subject to a disciplinary action may appeal that disciplinary action and offer a defense to be reviewed by the General Corps. If an amicable resolution cannot be achieved, the member may demand that the charge be brought to the High Court. In this case, the court shall conduct a trial akin to a criminal trial, in which General Corps shall act as the Complainant, the accused member as the Accused, and the disciplinary actions listed herein shall be used by the court for sentencing.
Minister of Foreign Affairs
General of the South Pacific Special Forces
Ambassador to Balder
Former Prime Minister and Minister of Defense

[Image: rank_general.min.svg] [Image: updates_lifetime_3.min.svg] [Image: detags_lifetime_4.min.svg] [Image: defenses_lifetime_4.min.svg]

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Messages In This Thread
Moving to an appointment-based Cabinet - by Moon - 07-18-2022, 12:09 PM
RE: Moving to an appointment-based Cabinet - by HumanSanity - 07-30-2022, 11:02 AM



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