| Amendment to Article V section 2 of the Charter. |
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The following is an amendment to the Charter suggested by Auphelia and revised by Drystar, both influential gamesiders. I use my privileges as a legislator to present it on their behalf for the Assembly to consider:
The Charter of the Coalition of the South Pacific, Article V, section 2 Wrote:2) The Local Council is entitled to self-administration within its jurisdiction on local issues, but may not pass laws or regulations that contradict this Charter or constitutional laws. To that end, the Assembly may not enact any law, nor the Cabinet deliver any directive, that is solely related to an issue local to the in-game community unless approved unanimously by the Local Council. Such an amendment would mean that, should the Cabinet ever issue an EO on a gameside matter for the benefit of resolving legislative issues again, the LC could allow it and render it legal if it is indeed in the interests of the gameside. It would still, assumedly, have to pass a Gameside referendum as well as the Assembly process. 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
Technically it only says the Local Council needs to approve it, no vote needed. A vote is traditional though (though I could be completely wrong about that).
I support the amendment nonetheless. -Griffindor/Ebonhand
-Current Roles/Positions -Legislator 2/24/20- -High Court Justice 6/7/20- -South Pacific Coral Guard 11/17/20- -Minister of Engagement 6/17/22- -Past Roles/Positions -Legislator 7/3/16-4/10/18 -Secretary of State 4/3/20-2/24/21 -Chair of the APC 9/24/16-5/31/17 -Vice-Chair of the APC 6/1/17-4/10/18 -Local Council Member 7/1/17-11/17/17 -Citizen 5/2012-12/2014 and 2/26/16-7/3/2016 (08-15-2020, 04:34 PM)Griffindor Wrote: Technically it only says the Local Council needs to approve it, no vote needed. A vote is traditional though (though I could be completely wrong about that). Elsewhere in the charter is states that all legislation affecting the gameside needs to be approved by a gameside referendum, so an EO would be too, but that's fine, since it has to be retroactively approved by the Assembly anyway, so it only seems fair. 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
(08-15-2020, 04:38 PM)Seraph Wrote: Elsewhere in the charter is states that all legislation affecting the gameside needs to be approved by a gameside referendum, so an EO would be too, but that's fine, since it has to be retroactively approved by the Assembly anyway, so it only seems fair. Does an EO from the Cabinet fall under the same legal definition as legislation in that context, or would that only apply to legislation from the Assembly? While having the effect of law, it seems to be something else entirely.
Local Councillor
Queen of the RMB Reluctant Forum User CAUTION: CONTENTS CONTAIN KNIVES AND ILL-INTENT (08-15-2020, 04:44 PM)Auphelia Wrote:(08-15-2020, 04:38 PM)Seraph Wrote: Elsewhere in the charter is states that all legislation affecting the gameside needs to be approved by a gameside referendum, so an EO would be too, but that's fine, since it has to be retroactively approved by the Assembly anyway, so it only seems fair. Whilst you'd probably have to submit a legal question to the court to get a definitive answer, I believe EO's are considered legislation. 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
Why should the Assembly be involving itself in affairs that are solely related to in-game issues?
In 2019 we had a LCer found guilty of Corruption and was awaiting sentencing, 2/3rds of the LC requested the removal of that third LCer's Regional Officer powers by Executive order, which Cabinet provided. see: https://tspforums.xyz/thread-7016.html It removed his Regional Officer Powers, not from office. He was subsequently removed from office by the High Court.
This was a situation when our existing structures seemed to have worked well. Would this amendment have prevented that solution? I'm wondering if a majority of the LC as opposed to unanimity. Would " unless requested by the Local Council." work? Legislator | Local Councilor | Aspiring TSP Curmudgeon Messages archived by the Ministry Of the Regal Executive - Bureaucratic Services (08-16-2020, 07:13 AM)Volaworand Wrote: In 2019 we had a LCer found guilty of Corruption and was awaiting sentencing, 2/3rds of the LC requested the removal of that third LCer's Regional Officer powers by Executive order, which Cabinet provided. see: https://tspforums.xyz/thread-7016.html It removed his Regional Officer Powers, not from office. He was subsequently removed from office by the High Court. I prefer the current wording, but perhaps there's a way to make it more clearly an EO issued in partnership with the LC? To answer Sandaoguo's question, this isn't about the Assembly imposing its will on the LC, it's about enabling the Cabinet to help the LC. 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
That may be your intent Seraph, but this additional clause renders moot the purpose of the section. The Assembly and Cabinet aren’t supposed to be involving themselves in issues that are related solely to the gameside. We gave the LC autonomy and then said, with very strong language, that the forum govt won’t ever legislate gameside issues in the future. This amendment is changing that status quo and giving permission to the forum govt to meddle in gameside affairs again... just as long as they then ask for permission.
While you might say, “If we ask for permission and they give it, what’s the problem? We aren’t imposing if they approve of it.” The problem is that whenever the Assembly starts feeling like it can legislate about gameside affairs, we lose all guard rails and start debating the very existence of the LC, the legal relationship between gameside and forum side, and a bunch of other things that cause nothing but problems for everybody. There should be no instances where the Cabinet “needs to help” the LC. If a situation arises where the LC is unable to do something that is solely related to the gameside, we need to give them the power to do whatever that is. Rather than alter the separation and autonomy by giving the Cabinet or the Assembly the power to act on their behalf.
Okay, so I'm considering further revision of this amendment:
The Charter of the Coalition of the South Pacific, Article V, section 2 Wrote:2) The Local Council is entitled to self-administration within its jurisdiction on local issues, but may not pass laws or regulations that contradict this Charter or constitutional laws. To that end, the Assembly may not enact any law, nor the Cabinet deliver any directive, that is solely related to an issue local to the in-game community. The Cabinet may issue executive orders related to issues local to the in-game community if done so in consultation with and with the unanimous support of the Local Council. 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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