Request for Clarification - Ceasar Xigalia

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Callipygian
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Request for Clarification - Ceasar Xigalia

Post by Callipygian »

I received the following request from Ceasar :

To the Dean of the SC

Clarification of the law CDSL 13-04 and CDSL 13-05

CDSL 13-04
2 The Chancellor will serve a term ending with the election of the next Chancellor.

CDSL 13-05
2 Chancellor terms start simultaneously with the Representative Assembly terms.

As has been noted on the forums and commented on specifically by the Dean of the SC there is a potential issue when considering the intent of these two laws.

Specifically CDSL 13-04 part 2 suggests that the outgoing Chancellor ceases to be Chancellor at the moment of the election of the incoming Chancellor. CDSL 13-05 suggests that the incoming Chancellor starts their term simultaneously with the RA, which would I believe be June 1st 2014 for the 21st RA. This would appear to produce a gap between the two dates where there is no Chancellor in office.

Given that this may not have been the intention of those who created the two laws I would petition the SC to address the correct interpretation of these laws and provide a ruling as to the dates when an outgoing Chancellor ceases their term and when an incoming Chancellor commences their term.

Ceasar Xigalia

Please post your thoughts here so that an opinion can be given at the meeting on Sunday June 1.

Possible things to consider:

While this is a moot point at this time -June 1 is the day the current term begins, so any opinion of the SC will have no bearing on whether or not Ceasar should or should not have exercised the powers of Chancellor during the previous week - an opinion will apply to future terms, should the incoming RA not address this.

The original proponent of this Amendment and Law was Gwyn, as the product of a commission. The vote on these pieces of legislation can be found in this transcript: http://forums.slcds.info/viewtopic.php?f=2&t=3070

The Constitutional amendment is clear and identifies that the outgoing Chancellor ceases to hold office when a new Chancellor is elected.

In reviewing the transcript it appears that the 'Chancellor terms start simultaneously with the Representative Assembly terms.' was the result of discussion about Chancellor terms being 6 months or 12 months long; attaching the start of the Chancellor term to that of the RA provided a 6 month term. It is not mentioned, nor is it likely, that the RA intended to leave the CDS without a Chancellor for a period of time.

The transcript appears to identify the intent of the RA as setting the Chancellor's term at 6 months duration, and since Gwyn is currently serving one could even ask her whether there was intent to leave a 'gap' with no Chancellor in power. However, it is not the role of the SC to identify what the members think the RA meant to do - even if it can be clearly established what that intent was - but to interpret the wording of the laws that the RA produces.

Please post your opinions on this request here for discussion and be prepared at the meeting to give an opinion, with a brief rationale, on the following:

Does

CDSL 13-04 (Constitutional)
2 The Chancellor will serve a term ending with the election of the next Chancellor

negate

CDSL 13-05 (Law)
2 Chancellor terms start simultaneously with the Representative Assembly terms

or must both be applied, leaving CDS without a Chancellor for two weeks in every election cycle.

Callipygian

People often say that, in a democracy, decisions are made by a majority of the people. Of course, that is not true. Decisions are made by a majority of those who make themselves heard and who vote -- a very different thing.

Walter H. Judd
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