Proposed changes to the Constitution, based on the suggestions of the Scientific Council on Article III, and with some slight amendments by the members of the RA, and changes to Articles I, II, VI to remove outdated language and make some items clearer, and to fix spelling and grammatical errors.
Proposed changes or additions are highlighted in Yellow, except where noted.
To see a 'comparison' document with comments, go here: https://docs.google.com/document/d/1I2Z ... sp=sharing
________________________________________
PREAMBLE
All branches of the government are bound to serve the public before themselves and to uphold the Universal Declaration Of Human Rights, Founding Philosophy, Constitution, local laws, the SL ToS, and Community Standards without exception.
________________________________________
ARTICLE I – The Representative Branch
Section 1 – The Representative Assembly
The Representative Assembly (RA) is a body of democratically elected legislators who represent the views of CDS citizens. Its governmental role is to pass laws and its service role is to promote the city and perform long-term planning.
Section 2 – The Representative Assembly Body
Representative seats are chosen by popular election, from among those candidates who qualify under the rules set forth here. Any citizen who is eligible to vote, at the time of nomination, may become a candidate by declaring themselves by a message to the Dean of the Scientific Council, within the time set by the Scientific Council for such nominations.
The number of representative seats in the RA is equal to five.
In each RA election, voters shall select from among the candidates using Single Transferable Voting (a ranked voting method).
Vacancies in RA positions will be filled by by-election administered on a schedule set by the Scientific Council consistent with other applicable CDS law.
The Representative Assembly shall serve for a term of six months. New RAs shall take office on 1 December* and 1 June.* Elections shall be held over a 168 hour period beginning at noon SLT on the Saturday before the 16th of the month prior to the new RAs taking office. In the event of a server outage or unforeseen technical issue which prevents citizens from casting ballots and which lasts more than 12 hours, the Dean of the SC has the authority to adjust or extend the election schedule.
* The first RA elections where candidates were not required to be a member of any faction were for the term starting June 1, 2010.
Section 3 – The Leader of the Representative Assembly
The Leader of the RA (“LRA”) is elected by the members of the RA at the first meeting after every semi-annual general election, and at any other time when the office is vacant. The Representative Assembly may elect one of its members to serve as Leader pro tempore who may act as Leader in the event of the absence of the Leader or if the position of Leader is vacant.
Section 4 – Proceedings
The RA will convene at least once per month. The RA may determine the rules of its proceedings, punish its members for disorderly behavior and with the concurrence of two-thirds expel a disruptive member from a session.
Section 5 – Journal
The RA shall keep and publish a journal of its proceedings. The individual votes of RA members shall be entered in the journal. Parts of the journal that are deemed secret by a 2/3 majority and with the concurrence of the Philosophic branch will not be published. Secret journal entries may only be deemed secret if they prevent the exploitation of the city and citizens from external threats. All secret journal entries will have an expiration date at which time they will be voted upon again by the RA and verified as constitutional by the Philosophic branch.
Section 6 – Legislative Process and Veto
A vote in the RA is a simple majority vote of representative seats. Constitutional amendments require a 2/3 vote.
Final ratification of law is performed by the Philosophic branch, which can veto a bill or resubmit a modified bill for vote, if it conflicts with the Constitution. The Scientific Council may veto a revenue bill or resubmit a modified revenue bill for vote.
Section 7 – Powers of the RA
In regards to the Philosophic branch:
The RA provides a vote of confidence on candidates to the Philosophic branch. This vote is in regards to their perceived likelihood to uphold the constitution. The RA can amend the constitution with a 2/3 vote. The RA can seek impeachment of members of the Philosophic branch by initiating an impeachment hearing.
Section 8 – Limits on the RA
No member of the RA may engage in what might be considered a conflict of interest such as accepting money or favors from individuals or special-interest groups. All changes to the rate of compensation for the RA, SC, Chancellor or Guildmaster shall take effect at the start of the term of the Assembly subsequent to the term in which the determination is made.
________________________________________
Article II – The Executive
Section 2 – Powers of the Chancellor
The Chancellor of CDS shall, subject to the laws of CDS, have the power:
(a) to determine the use to which any and all land in CDS shall be put;
(b) to expend monies held by the Office of the Chancellor of CDS for the administration and management of public facilities (including, but not limited to, roadways, signage, public buildings, public events and similar), and to discharge any other duties or powers of the Office of the Chancellor conferred by this Act or any other Act of the Representative Assembly;
(c) to publicize CDS;
(d) to appoint and pay deputies or other staff to hold office in the Office of the Chancellor of CDS to facilitate the discharge of any function of the Office of the Chancellor conferred by this Act or any other Act of the Representative Assembly;
(e) subject to the payment of adequate compensation to any citizen or citizens thereby affected, reclaim or swap any land held by any citizen of CDS for the purposes of discharging any function of the Office of the Chancellor conferred by this Act or any other Act of the Representative Assembly, provided always that no citizen of CDS shall be caused to have no holding in the CDSNeufriestadt at all thereby;
(f) to make regulations pursuant to the above; and
(g) to enforce such regulations in accordance with law.
Section 3 – Public Oversight
The Chancellor must provide for regular and active citizen participation and public review of any decision concerning land use or the aesthetic or functional environment.
Section 4 – Themes
Nothing in this Act shall give the Chancellor of CDS any power to change the overall theme of Neufriestadt or any other sim or administered component of the CDS.
Section 5 – Chancellor Selection Process
1. The Chancellor of the CDS shall be elected by universal suffrage of all citizens from among any CDS citizen who shall make application to the SC.
2. Chancellor terms begin on June 1 and December 1, concurrent with the term of the RA. In the event of a by-election or vacancy caused by a resignation, the Chancellor takes office immediately upon election.
3. The Chancellor may not be elected to or serve on the Representative Assembly, nor serve on the Scientific Council.
4. Chancellor vacancies will be filled by a by-election administered on a schedule set by the Scientific Council consistent with other applicable CDS law.
Section 6 – The Chancellor’s Veto
The Chancellor shall have the power to veto any act of the Representative Assembly, except any bill to remove the Chancellor from office. The Representative Assembly may override a veto with a vote by at least a two-thirds majority. In order to exercise the power of veto, the Chancellor shall post a public declaration of her or his intention to exercise that power, together with the name of the the Act in respect of which he or she seeks so to exercise, and the reasons for exercising it in respect of that Act, on the Confederation of Democratic Simulators web forums or wiki within seven days of the posting to the wiki of the Act in respect of which he or she seeks to exercise that power. within seven days of the new Act being posted on the CDS website.
Section 7 – Removal from Office
The Chancellor may be removed from office prior to the expiration of the term of office by at least a two thirds vote of the Representative Assembly.
Section 8 – RA Oversight
Each month the Chancellor shall attend a meeting of the Representative Assembly, and fully and truthfully answer there any questions posed by any citizen about any aspect of the affairs of the CDS or of the Office of the Chancellor. The Chancellor will also attend upon three days notice at the written request from any member of the Representative Assembly.
Section 9 – AC Overlap
Any power or responsibility assigned to the Artisan’s Collective by the constitution and precedent that overlaps those provided to the Chancellor in this amendment will be assigned to the Chancellor.
________________________________________
Article III – The Philosophic Branch The Scientific Council (The Philosophic Branch)
NOTE: This whole section is taken from the SC's proposed changes, along with the proposed RA changes to them. To see the existing Constitution please refer to it on the CDS portal.
Section 1 – Summary
The Scientific Council (SC) is a self-selected meritocracy. <-- The RA finds this problematic, but has not proposed an alternative as of yet.
Its governmental role is to interpret and enforce the Constitution and laws of the CDS
Its service role is to resolve disputes between citizens and their government, administer elections and referenda, record and maintain the record of laws on the Portal and moderate user Forums.
Section 2 – Composition
The SC is comprised of a maximum of seven and a minimum of three members, including the Chair.
Section 3 – Selection
New members are recommended from within the citizenship of CDS to the Chair. Recommendations may come from current SC members, other government officers. Recommendation of a candidate for membership on the SC must be based must based on demonstrated knowledge and understanding of the Constitution and Laws, and declared willingness to uphold said Constitution and Laws without bias, personal preference or emotion.
New members are nominated by the Chair and approved by a simple majority vote, and confirmed by a majority vote of the RA. <-- This may need further clarification.
The SC can remove one of its members by a two-thirds majority vote of all SC members.
Section 4 – Leadership
The Chair is elected by a simple majority vote of all SC members, according to a schedule identified in the SC Procedures.
Section 5 – Proceedings
The SC will convene at least once per month.
The SC will determine the rules of its proceedings., The SC and may reprimand its members for disorderly behavior and with a simple majority vote of the members present, expel a member from a session for disruptive or disorderly behaviour.
Any citizen of the CDS may file petitions with the SC. Petitions shall be to request an interpretation of a relevant Constitutional issue or matter of Law, and a decision resulting from that interpretation, where a Law or Constitutional issue hashave allegedly been broken or ignored.
The SC shall consider the petition at its next regular meeting, and will vote to accept or to deny the petition. If a member of the SC is named in a petition, that member shall be recused for the duration of the hearing.
Discussions regarding the interpretation of Constitutional issues or matters of Law brought forward in petitions will follow the SC Procedures as posted on the Forums.
Where a Hearing is required, the hearing shall be conducted following the Hearing Procedures adopted by the SC and published in the Forums.
Hearing Procedures may be amended by a super-majority vote of the SC.
Section 6 – Records of Proceedings
The SC shall keep and publish a record of its proceedings, in the form of a transcript, on the Forums and Portal. All decisions shall also be recorded separately on the Portal. Any decision reached outside of a regular meeting, through any permitted procedural practice, will also be published on the Portal.
SC members must always provide a rationale for their decisions, identifying the areas of the Constitution or Law on which their opinion is based.
Section 7 – Legislative Authority
The RA Archivist submits all new Laws or Amendments to the SC. Ratification of such Laws or Amendments is automatic, unless within 48 hours of receipt it is flagged for review by a member of the SC, by a public posting in the Forums.
The Scientific Council, can veto any bill and/or return a bill submit to the RA with commentary on aa modified bill for vote if it conflicts with the Constitution.
Where the SC believes a Law or Amendment is not in the best interests of the CDS, or contravenes the documented will of the citizens of CDS, the SC may resubmit a recommendation for the bill, with or without suggested amendments, to the RA for a second vote, along with a written rationale for the changes decision not to ratify.
Any bill that is returned to the RA requires a super-majority (⅔) of that body to pass.
The SC will review any request from the RA to override a Chancellor’s Veto within 10 days of receiving the request and may uphold or override the Veto, as per the Laws of the CDS
Section 8 – Accountability & Oversight
A member of the SC may be impeached for serious, intentional or repeated failure to uphold his or her affirmation of office.
Impeachment proceedings against a member of the SC may be brought by a super-majority vote of the RA, or by the Chancellor, with a simple majority vote of the RA in support.
Section 9 – Conflict of Interest
No member of the SC shall accept gifts of money or favors from individuals or special-interest groups.
No currently sitting of the SC member may be elected or serve as Chancellor or member of the RA.
SC members shall recuse themselves from any vote on a matter that may present a conflict of interest including, but not limited to conflicts arising from: relationships; business dealings; guild or commission activities; or management or governmental roles in other estates.
Section 10 – Estate Bans
The SC shall review all estate bans imposed upon citizens of the CDS within 14 days of notification that the ban has been imposed, and by a simple majority vote to remove or uphold the ban.
Non-citizen avatars who are banned may request a review by the SC. The SC can remove or uphold the ban by a simple majority vote
The SC shall uphold, remove, or impose bans from the CDS only in accordance with the Constitution and the Laws of the CDS.
Section 11 - Impeachment
Impeachment is an order that an elected official cease to hold such public office, or is suspended from such office for a predetermined period of time. Impeachment may also result in disqualification, either permanently or for a certain period of time, from holding any or all public office or offices in the future. Impeachment may also result in the temporary or permanent ban of the avatar from the CDS.
Impeachment procedures may be started against any elected official in accordance with the Constitution and any applicable laws.
Impeachment is for serious, intentional, or repeated failure to uphold the Constitution or Laws of the CDS, for fiscal mismanagement or malfeasance.
Impeachment proceedings may be requested by any arm of government, as described within this Constitution, or may be started by a petition from the citizenry, containing the names equal to or greater than 25% plus 1 of the citizenry based on the latest published Citizen List.
The impeachment process will be conducted in accordance with the Impeachment Hearing Procedures adopted by the SC, and may be amended by the SC by a super-majority vote.
____________________________________
[b]Article IV – Factions[/b] This whole section is antiquated as we no longer have factions and haven't for many years.
Section 1 – Requirements
Citizens, including RA members and candidates, may choose to organize and identify themselves with a specific CDS political faction. All factions must provide platforms which state their general philosophy and list of goals for the current and next term. Factions exist to promote the discussion of issues. Faction platforms cannot violate or seek to violate the Constitution. Constitutional amendments may be advocated.
Section 2 – The Faction Body
All faction members must be citizens of CDS, and their membership in the faction must be evidenced by joining a special Second Life group created for that purpose . No citizen is required to be part of a faction. No citizen can be a member of more than one faction at the same time. A faction who meets these requirements and notifies the Dean of the SC will be granted its own designated Forum, or similar official discussion area for posting comments, in the CDS official website for community and government communications.
Section 3 – The Faction Leader
Factions are lead by the faction leader (SL group officer) who vouches for all members in public proceedings and is responsible for their proper ethical conduct. Faction leaders are selected by the members of a faction and notified to the Dean of the SC.
Section 4 – Campaigning <-- This section doesn't belong in a Constitution and would more properly be made into a law on the limits of campaigning.
Campaigning for election in CDS can be done in-world only by means of unscripted items or simple notecard givers that are placed in traditional, predetermined central CDS locations, or by discourse between two avatars directly. No spamming of any kind is allowed, including the dropping of items on avatars without permission, sending messages by Second Life group IM (other than one’s own faction group), or by shouting messages to large groups. Only two emails are allowed in a given election by any faction or representative of a faction.
Article V – Election, Term, and Office
Section 1 – Voting Frequency
Officials in the Government are elected for a period of time according to the general principles of democratic rotativity to ensure proper representativity in a changing society, whose duration will be fixed by the RA by passing appropriate laws. Elections for branches are staggered equally throughout the term.
Section 2 – Exclusivity
Citizens may not serve simultaneously in the Representative and Scientific Council Philosophic branch.
Section 3
No citizen shall be eligible to vote in any election for public office in the Confederation of Democratic Simulators unless he or she has been a citizen for not less than 28 consecutive days immediately before any such election.
No citizen shall be eligible to vote in the general election for the 16th RA and Chancellor unless he or she has been a citizen since 15 October 2011
Article VI – Citizenship
1. A citizen of the Confederation of Democratic Simulators is a resident of Second Life who has been granted title to any land by the Confederation of Democratic Simulators, and who holds title under the Confederation of Democratic Simulators, for as long as he or she holds such title.
2. Without prejudice to any rule of law entitling any institution of government to substitute, or empower another person or body to substitute any land held by any citizen for any other land the holding of which would continue to entitle the person whose land has been substituted to be a citizen of the Confederation of Democratic Simulators, No citizen shall be deprived of citizenship in the Confederation of Democratic Simulators, nor shall any person, whether a citizen or not, be banished from any public land in the Confederation of Democratic Simulators, without trial in accordance with the law, or consent not to be so tried.
3. Section 2 above is subject to any rule of law whereby a person is deemed to have consented not to be tried by having failed within a reasonable time to respond or respond fully to any notice sent to that person in respect of any such prospective trial, nor any rule that specifies what shall constitute a reasonable time.
4. Section 2 above shall be without prejudice to any rule of law whereby a person may summarily be banished by any citizen of the Confederation of Democratic Simulators appointed for such a purpose by any duly ratified Act of the Representative Assembly (or by any person or body deriving her his or its power to do so from any such Act), for up to fourteen consecutive days (but without revocation of citizenship or forfeiture of any asset).
5. Section 2 above shall be without prejudice to any rule of law whereby a person may be banished temporarily by Order of a Court of Common Jurisdiction pending such a trial as is mentioned therein (but without revocation of citizenship or forfeiture of any asset).
6. Any citizen may cease to become a citizen by submitting a notice in a form that may be prescribed by any duly ratified Act of the Representative Assembly (or, if no such form is specified, by notifying the Chancellor in writing) seven days in advance of the date on which that person is to cease to be a citizen.
