| [DISCUSSION] Censuring Legislators |
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Recent events have unfortunately featured less-than-desirable conduct in this region.
The Office of the Chair can and has in the past made statements relating to the behaviour of Legislators. However, while it is a useful tool for the Chair, it lacks the weight which can come from a vote of disapproval by one's peers in the Assembly. I would like to discuss whether a motion to censure should come in the form of a resolution or whether a separate form of action should be mandated for this purpose?
Before asking what method the Assembly should use for censuring people, I think it is important to discuss if the Assembly collectively should even do so.
What is the purpose of these censures? Is it for poor conduct specifically related to the Assembly or poor conduct relating to the region as a whole? I think that any censure runs the risk of becoming a blame game, especially if the proposal of such motions is opened to legislators. How will this be prevented?
Former Associate Justice of the High Court of the South Pacific (4 December 2019 to 5 February 2021)
(07-22-2019, 01:40 AM)Nat Wrote: Before asking what method the Assembly should use for censuring people, I think it is important to discuss if the Assembly collectively should even do so. Before I address your very valid concerns, I should qualify that whilst this thread was in response to the actions of a certain Legislator, I do not hope that any result from this discussion be retroactively applied to said-Legislator. I pose this question more so out of a desire to provide an avenue of action — if one is indeed needed — which can be utilised in the future. A motion to censure would be, in my view, used to express this body's disapproval or reprimand at specified actions. It would not have any substantive effect. Comparatively, while Article 3, Section 4 of the Legislator Committee Act allows the "Chair of the Assembly [to] order the Legislator Committee to suspend legislator privileges for disruptive members",, such action is inappropriate for conduct which does not rise to that level of severity. As to your questions, I think any motion should be able to be applied to a Legislator for their actions in the region as a whole rather than solely restricted to the Assembly's boundaries (sub-forum and Legislators' Lounge). In order to minimise the possibility of a blame game, it may be best to allow Legislators to file a request in the Office of Assembly Affairs and give the Chair — or, in cases where the Chair is unable to exercise impartiality, their Deputy(s) — the discretion to bring a motion forward for discussion.
I would support a resolution to grant the Assembly power to censure and I think the act of censuring a legislator should come in the form of a resolution.
(07-22-2019, 02:03 AM)Qvait Wrote: I would support a resolution to grant the Assembly power to censure and I think the act of censuring a legislator should come in the form of a resolution. nods If this happens to be the consensus among those here, no change will be required to our current laws and the Office of the Chair will provide a template for such a resolution in a timely manner.
So allow me to provide some RL context to this measure:
In the US House and Senate and Texas House and Senate ethics committees exist to investigate concerns over any ethics violations. Those concerns will be written into a resolution that is then voted on. It does not automatically expel a member. In the US House, there are two options: a censure and a reprimand, the latter being less severe. These tools are generally not used for political purposes and only for gross misconduct by members. There are exceptions to this rule but they are normally condemned. Prominent US politicians to receive a censure include Joseph McCarthy and Newt Gingrich (technically a reprimand). Generally, a censure is used for lying in front of a committee or congress, misusing funds/staff/materials, or other types of corruption. Here's what I could see this being in TSP: for actions a legislator takes that the assembly believes to be engaging in an offense that is not criminal and does not warrant a suspension from the chair, but reprehensible nonetheless, they could issue a censure. Perhaps with a, "such a resolution must receive five seconds before a vote" clause just to keep it from being used to attack personal rivals. Could a way for the assembly to reprimand its members be useful? Probably. This is something we must ensure we take our time in debating and drafting as it has the potential to either be a political tool or be a way for the assembly to help keep members from going 'too far'. Above all else, I hope to be a decent person.
Has Been What's Next? CoA: August 2016-January 2017
Minister of Foreign Affairs: October 2019-June 2020, October 2020- February 2021
My question is: what's the difference between a censure and say, a warning from the Chair to cease such actions? I feel that censures may be unnecessary given that the Chair has moderation powers over the Assembly.
(07-22-2019, 02:32 AM)Awe Wrote: My question is: what's the difference between a censure and say, a warning from the Chair to cease such actions? I feel that censures may be unnecessary given that the Chair has moderation powers over the Assembly. That is true. I am not sure what the history is of the Chair handing out official warnings. In any event, I think it would be more effective for the Assembly as a whole to express its displeasure in an official capacity. There have been cases in the past when an action taken by the Chair has not had their desired effect. (07-22-2019, 03:01 AM)Amerion Wrote: That is true. I am not sure what the history is of the Chair handing out official warnings. In any event, I think it would be more effective for the Assembly as a whole to express its displeasure in an official capacity. There have been cases in the past when an action taken by the Chair has not had their desired effect. I agree. Giving the Assembly at large the authority to censure would give more legitimacy to the action itself. (07-22-2019, 02:32 AM)Awe Wrote: My question is: what's the difference between a censure and say, a warning from the Chair to cease such actions? I feel that censures may be unnecessary given that the Chair has moderation powers over the Assembly.It's also worth noting the Chair can't act on things that occur outside the Assembly without getting into legally questionable territory. An Assembly censure could be due to something outside of the Assembly. Above all else, I hope to be a decent person.
Has Been What's Next? CoA: August 2016-January 2017
Minister of Foreign Affairs: October 2019-June 2020, October 2020- February 2021 |
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