I am posting here the draft legislation on the grievance committee which Cadence and I prepared.The purpose of this Committee is to facilitate the resolution of disputes between citizens. Its purpose it at a first level to bring the parties in dispute to a forum of neutral persons who will seek first,, an amicable resolution to the dispute, by asking the parties to negotiate between themselves and with the mediation of the Committee a resolution in their dispute. If this doesnot work, then the Committee will take control of the case and will make recommendations to the parties for the way the dispute should be resolved.
The Committee will have no power to impose sanctions on the parties and will only issue warnings to the parties. However failure to comply with the warnings of the Committee will result in a referral to the Scientific Council for the imposition of sanctions to the party at fault.
More details about the Committee are presented below. For any comments please post here to facilitate a public dialogue on the issue. You can also contact me or Cadence Theas for discussion or proposals.The issue has been around for more than 2 months and during that period we had the opportunity to discuss it with many fellow citizens and get their feedback, which was incorporated in the draft. Now we are seeking participation from those who did not express opinion yet or the final comments of those who already expressed some opinions.
The plan is to present the draft for approval in one of the next sessions of RA.
Grievance Committee: Proposal by Cadence Theas and Lam Erin
Jurisdiction:
The Committee will have jurisdiction to deal with the resolution of all conflicts between all cds citizens. This includes CDS government members when they are involved in private disputes (disputes unrelated to the exercise of their duties as members of the government).
The Committee will seek the amicable resolution of the disputes between the parties in dispute and will make recommendations, adopt decisions (whose legal significance will be explained below) or issue warnings only if the parties fail to agree to an amicable resolution between themselves.
Powers of the Committee:
The Committee will not be a court, which means that it will have no authority to impose a ban on CDS citizens or other sanctions. However its decisions, recommendations and warnings will have to be respected by the parties in the dispute.
Failure to comply with the Committee's decisions, recommendations or warnings could result in a referral by the Committee of the case to The Scientific Council for the imposition of banishment (temporary or permanent) or other sanction.
In case of referral to the SC the latter will not reconsider the merits of the case but only the appropriate penalty for non-compliance.
Membership
The body of the Committee will be comprised of 5 members approved by the Representative Assembly (RA). Any CDS citizen will be eligible to apply by submitting an application to RA. The application should explain clearly why the applicant is capable of appointment. The decisions on the appointments will be based on candidate's qualifications and experience of conflict resolution. Lawyers, teachers, managers, psychologists, police officers, individuals with experience of managing human relations or of involvement in disciplinary bodies (professional or other) is an indicative list of qualified individuals. All cases will be considered and RA will decide on the basis of grounds of qualification and experience. RA will also consult the Scientific Council on the suitability of the candidates.
Current members of CDS government (the Chancellor, RA members or members of the Scientific Council) cannot be appointed. However, members of SC may be asked to join the Committee in case the latter is unable to form a full panel to hear a case (see below).
The Committee should have at least 1 and preferably 2 members appointed from new cds citizens (meaning citizens who have been in CDS for less than 1 year at the time of their appointment). This will help to make the committee more inclusive and will help incorporate new CDS citizens.
Term
Committee members will be appointed for 6 months. The appointments are individual meaning that the 6 months will be measured for each member separately. The term for each member can be extended for another 6 months by RA. Extension can be given if there are no candidates to replace the member of the Committee leaving office or if the RA is satisfied with the performance of the the current member in the Committee.
Further extension will be possible only in exceptional circumstances if there are no candidates to replace the member/s of the Committee leaving office or if RA is satisfied that the member performs an exceptionally good job in the Committee.
A member who completed the term and left the role may be reappointed in no less than 6 months after their departure from office. This will be possible if there are no other candidates to fill the role and/or if the returning member was successful in their previous term in office. The relevant decision will be made by RA.
Procedure
One member of the Committee will be appointed as duty judge. Duty judges will be appointed on rotational basis for 2 weeks each, from the members of the Committee. The SC will have the responsibility of publishing the list of duty judges.
A duty judge will serve as the first point of contact in case a complaint or request for conflict resolution is launched. Individuals wishing to complain against other individuals or parties in dispute wishing to ask the assistance of the Committee will have to contact the duty judge to state the facts of their case and provide the evidence. The duty judge will advise the complainant or the parties in dispute on the procedures and on the evidence the Committee will need in order to consider their case.
In case of individual complaint, the duty judge will contact the individual/s against the whom the complaint has been made and will ask them to submit their own evidence. The duty Judge will not contact the latter party if the evidence provided by the complainant is deemed very poor and therefore inadequate.
The duty judge would consult other committee members before acting.
Following the collection of the evidence by the parties the Committee will meet without the parties to discuss if there is a case to hear. The relevant panel will comprise 3 of the 5 members of the Committee. Those will be appointed according to the rotation: the panel will comprise the current duty judge, the previous and the next duty judge according to the rotation.
The parties will have the right to ask for exclusion of one committee member each (for bias, personal interest in the case or other reason). In the latter case the two remaining Committee members will be appointed in the panel., Members of the Committee can also voluntarily ask to be excluded from the hearing of the case for the same reasons.
In case, following the exclusions or for other reasons, the Committee is unable to find 3 members to deal with the case it will ask the SC to send one or more of its members to fill the panel.
The Committee panel hearing the case will be chaired by the duty judge who was contacted by the parties and who collected the evidence. This judge will also be responsible for handling the communication with the parties on behalf of the Committee. The parties are prohibited from contacting directly the other panel members on issues related to their case. All communications with the Committee panel have to take place through the panel Chair.
Following the collection of the evidence by the duty judge the Committee will make an initial assessment of the case. If they think the evidence is weak and inadequate will reject the case. If not they will arrange a hearing where the parties will be asked to be present. CDS citizens are welcome to attend the hearing, which must be public (unless the parties point to specific reasons for which the hearing has to be private and the Committee accepts those reasons)..
Decisions, recommendation and warnings
The Committee will hear the parties and will seek a resolution to the dispute which is based on the evidence and fair taking into account also the need to maintain peace in the Community and protect the CDS constitution, its laws and the community standards.
If the parties can offer their own mutually agreed resolution to their dispute, the Committee will accept that resolution provided that it does not violate CDS laws and the constitution.
The Commission decision does not have to allocate blame to either of the parties. The Commission cannot impose sanctions on the parties but will recommend a course of conduct or action plan which the parties will have to follow, in order to restore peace in the community and the relationship between the parties.
The Commission will warn the parties that failure to comply with its recommendation or with the settlement agreed by the parties would result in them (or the part breaching the decision/agreement) being referred to the SC for imposition of sanctions.
Any breach of the Commission decisions, recommendations or warnings should be reported to the panel that made the decision. The panel will issue a second and final warning on the party or the parties to comply. Failure to comply with the second warning will result in automatic referral to the SC. for the imposition of sanctions on the individual breaching the warning.
Who can apply for resolution of the conflict
Eligible to apply to the Committee for conflict resolution are the parties involved in the dispute, injured third parties and the CDS government (The Chancellor, RA or SC) in case the conflict has broader community impact.
Appeals
Appeal against the Committee decisions to the SC are allowed only on the following grounds:
1.Procedural failures (e.g the Committee did not consider evidence provided by the appellant or did not invite the appellant to the hearing)
2. Bias or conflicts of interest: in case Committee member/s who heard the case was biased or had a personal interest in the outcome of the case.
No other grounds of appeal are allowed.
Failure to attend the hearing is not an acceptable reason for an appeal. The Committee should work with the parties to ensure that the hearing takes place at a date and time suitable for the parties.
If a party in the dispute is unable to attend the hearing they should inform the duty judge in advance and ask for rescheduling of the hearing. Failure to do so will result in the hearing taking place without this party. The Committee will still make a decision in this case and will use the evidence already sent to the Committee by that party.