Omnibus Governmental and Civil Service Reform Act

Proposals for legislation and discussions of these

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Beathan
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Omnibus Governmental and Civil Service Reform Act

Post by Beathan »

Various proposals have been offered, primarily by Michel Manen on behalf of CARE and by Patroklus Marukami on behalf of the CSDF, for consideration by the RA. These proposals are complicated in themselves, in interaction with each other, and in interaction with existing CDS law. To ease debate and consideration of these proposals, as well as to place them in their proper context, I, as junior representative of the Simplicity Party, offer the following Omnibus Act. This Act is offered by me on my own account and frequently changes the effect and intent of the acts otherwise proposed to reflect my own position concerning the proposals.

Further, I am not advocating the proposals contained herein. Most of these proposals were made by others. I oppose some of them. Rather, I am offering the proposals in this omnibus form so that the community can see and assess as a whole the totality of the proposals made. If the proposals which have been made are to be accepted, I am advocating that they be accepted in the manner in which I have modified them.

I believe that this Omnibus Act includes all the proposals that were made except CARE’s referendum proposal and CARE's proposal to create a Vice-Chancellor position. The Referendum bill is best separately considered. I don't think we should consider creating a new office (vice-Chancellor) until we have filled the 9 offices that we already have or will have if the current legislation passes.

1. Amending the Civil Services Act (NL 5-7) as follows:

[Addition]
{Deletion}

A. Objective

To allow for the appointment of individuals to carry out the actions of the Neufreistadt-CDS governing bodies. [Members of the “Civil Service” shall be called [“c] {C}ivil servants[“] and will carry out the tasks {currently} [historically] done by the Artisan Branch [and the Executive Branch, and shall be under the administration of the Chancellor].

B. Civil Service Positions and Members

Civil service positions are established by legislative action by the RA and appointed civil servants may receive compensation provided by the {Neufreistadt-}CDS budget. Legislation will describe the position and duties but will not specify the individual that will fill that role.

[Other than the Chancellor], Civil service members are appointed by the {Executive Branch} [Chancellor subject to review and approval by the RA] to fill a specific position established by law and serve for a term defined by that law.

The {Executive Branch} [Chancellor] may dismiss a civil servant for not executing the duties described in this bill. Any dismissed civil servant may appeal a dismissal with the Scientific Council.

C. Civil Service Duties

Civil servants pledge to faithfully protect the [C]{c}onstitution and to execute legislation passed by the RA {at the direction} [under the supervision] of the {Executive Branch} [Chancellor].

1. Civil servants are required to execute regulations and directives where these do not conflict with laws passed by the RA, and to follow guidelines or oversight provided by the {Executive Branch} [Chancellor].

2. If a civil servant finds a discrepancy between an regulation or directive and laws passed by the RA which cannot be resolved in discussion with the {Executive Branch} [Chancellor] they are required to ask for clarification from the Scientific Council.

3. Where there are no relevant regulations or directives, civil servants are required to execute RA laws to the best of their ability.

4. Civil servants are required to provide full and accurate information about their activities and the state of land, Neufreistadt-CDS organization, assets, and finances to the {Executive Branch} [Chancellor] and the RA as requested.

5. Civil servants are expected to propose and participate in drafting regulations and directives for consideration by the {Executive Branch} [Chancellor].

[D. Civil Service Members in Order of Seniority

1. The Chancellor (11th Amendment to the Constitution);
2. The Public Information Officer (NL 4-26) ;
3. The Treasurer (NL 5-5);
4. The Estate Owner (NL 5-6);
5. The Chair of the Judiciary Commission and/or Chair of the Public Judicial Oversight Commission (hereafter the “Minister of Law”) (NL 5-13, Chapter II,; and NL 5-16, as amended and reinstated by this Act.)
6. The Chair of the Citizenship Commission (hereafter the “Minister of Citizen Affairs”) (NL 5-13, Chapter III; and NL 5-21 as amended by this Act)
7. The Senior Marshall of the Peace (hereafter the “Minister of Order”)(NL 5-13; Chapter IV);
8. The Chair of the Planning Commission (hereafter the “Minister of the Interior ”)(NL 5-22); and
9. The Minister of Culture (NL 6-3 as amended by this Act).

Any additional offices and ministers added to the executive government shall be added to this list in order of seniority.

E. Executive Succession

In the event the office of the Chancellor is vacant during a term of office of the Chancellor, that office shall be filled by the next most senior civil servant, who shall then act to fill the ranks of the Civil Service under the terms of this Civil Service Act.

F. Executive Reporting

In order to make the government more accessible this Bill establishes an informal Government Question Hour with at least one {government 'official'} [civil servant] present each week. These meetings will be open to all CDS residents to come and ask questions. The hours will rotate to suit the RL hours of our community.

1. The {Executive Branch} [Chancellor] shall {have} [arrange for and ensure that there is] a weekly Government Question Hour. All members of the government (Executive, Legislative and Philosophical branches) will be invited to attend with at least one {official} [civil servant (executive official)] attending each week.

2. The {Executive Branch} [Chancellor] is charged with facilitating representation from all three branches at least once a month. [Further,]{Each month} the Chancellor shall attend [and chair] a {meeting of the Representative Assembly}[Government Question Hour at least once per month], and shall fully and truthfully answer there any questions posed by any citizen about any aspect of the affairs of [the] {Neufreistadt-}CDS {or of}[,] the Office of the Chancellor [, or the Civil Service].

3. The {Executive Branch} [Chancellor] will rotate the hours of the Government Question Hour to take into account the different time zones of the CDS community and to ensure representation from the different branches of government.

4. Meetings will be chaired by {(one of) the official(s)} [the senior civil servant (executive official)] present and will be open to all citizens to attend. [Any citizen may ask any question of the civil servant or other government representative present about any aspect of the affairs of the CDS, any office or branch of government in the CDS, any law or Constitutional provision of the CDS, any decision by a judge, arbitrator or judicial panel of the CDS, or any proposed or pending legislation in the RA. Questions about pending judicial actions, executive investigations or policy discussions, or which request personal or private information about a citizen in his or her private capacity are not permissible.]

To clarify – enactment would read:

In order to make the government more accessible this Bill establishes an informal Government Question Hour with at least one civil servant present each week. These meetings will be open to all CDS residents to come and ask questions. The hours will rotate to suit the RL hours of our community.

1. The Chancellor shall arrange for and ensure that there is a weekly Government Question Hour. All members of the government (Executive, Legislative and Philosophical branches) will be invited to attend with at least one civil servant (executive official) attending each week.

2. The Chancellor is charged with facilitating representation from all three branches at least once a month. Further, the Chancellor shall attend and chair a Government Question Hour at least once per month, and shall fully and truthfully answer there any questions posed by any citizen about any aspect of the affairs of the CDS, the Office of the Chancellor, or the Civil Service.

3. The Chancellor will rotate the hours of the Government Question Hour to take into account the different time zones of the CDS community and to ensure representation from the different branches of government.

4. Meetings will be chaired by the senior civil servant (executive official) present and will be open to all citizens to attend. Any citizen may ask any question of the civil servant or other government representative present about any aspect of the affairs of the CDS, any office or branch of government in the CDS, any law or Constitutional provision of the CDS, any decision by a judge, arbitrator or judicial panel of the CDS, or any proposed or pending legislation in the RA. Questions about pending judicial actions, executive investigations or policy discussions, or which request personal or private information about a citizen in his or her private capacity are not permissible.

G. Limitation on Plurality of Office

1. {the number of mandates an individual can serve in any one guvernmental or quasi-governmental institution to two terms - consecutive or not; and}

{2. that} {n}[N]o individual [shall] hold more than one {leadership} [civil service] position at a time{, in any public or quasi-public organiation, current-RA, SC, Guild, Political Parties, Media ownership and control- or future -Judiciary, Radio Station, etc) except on a possible Citizenship Commission (to confirm citizenship sponsorship applications from NGOs - see CARE Citizenship Act Proposal).} [and no person shall simultaneously serve in more than one branch of government (currently legislative (RA); judicial/philosophical (SC) and executive (civil service).]
{Public and quasi-public organisations would be limited and clearly stipulated in a Limitation of Mandates and Non-Cumulation of Powers Act. Any elected public official could be a member of any truly private organisation which does not play any role in the process of governance of the community as a whole, is not under the supervision of the RA, and does not receive funds from the RA or the Chancellor. This allows all elected officials to pursue their private interests within the CDS and any other kind of activity outsisde the CDS, whilst avoiding ant conflict of interests within the CDS. }

To clarify – enactment would read:

No individual shall hold more than one civil service position at a time and no person shall simultaneously serve in more than one branch of government (currently legislative (RA); judicial/philosophical (SC) and executive (civil service).

H. Direct Election of Chancellor

1. {Direct election of the} [The] Chancellor [shall be elected in an election in which individuals run for the position of Chancellor and in which all citizens are allowed to vote for the candidates; this election shall be held] {by all CDS citizens} at the same time with the RA elections {(advantage: democratic legitimacy)}[.]

2. Candidates [for Chancellor shall] {to} declare [their candidacy] at the same time as RA candidates [are required to declare their candidacy], and [candidates for Chancellor, the RA, or for any other elected office shall] run for {no other office} [a single office in any given election];

{3. Chancellor to appoint Vice-Chancellor, PIO and Auditor General, subject to confirmation by the RA, immediately upon taking office (advantage: efficiency; checks and balances).}

{4. Chancellor to Chair the RA, have the right to introduce legislation; but have no vote except in cases of ties -as the US Vice-President in the Senate. (advantage: direct contact with the RA - leadership, focus, direction (unlike US president who is isolated from Congress) ; but no dominance (like in UK parliament); efficiency and dynamism (no ties).}

{5.} [3. The LRA may require the Chancellor to appear before the RA at least once per month and there answer questions about the state of the CDS as asked by members of the RA.] [The] Chancellor [may, at his or her discretion] {to} Deliver {mid-Term} [a] Public Report on the State of the Community [to the RA once per term]. {(advantage: openness, accountability)};

{6. Limit of two mandates, consecutive or not (advantage: limitation of powers; renewal, innovation).}

{7}. [4. The] Chancellor {to} [shall] be CDS spokesperson with respect to all outside communities; [however, the Chancellor shall not take any position contrary to that established by the CDS Constitution, Code or any “Advice of the RA” issued to guide the Chancellor in his or her interaction with RL or SL communities outside the CDS] {(advantage: focus, leadership)};

{8. Chancellor to delegate to Vice-Chancellor duty of enforcing all laws and regulations in CDS; to PIO all duties for organising events and creating publicity for CDS; and to Auditor-General all duties of reporting on the state of finances in CDS. Ultimate responsibily for all rests with Chancellor (advantage: efficiency, accountability).}

{9. Chancellor able to delegate all functions to Vice-Chancellor in case of absence, incapacity, impeachment (advantage: effciency, accountability).}

{10. Chancellor to occupy no other position in any public or quasi-public organiation, current-RA, SC, Guild, Political Parties, Media ownership and control- or future -Judiciary, Radio Station, etc) except on a possible Citizenship Commission (to confirm citizenship sponsorship applications from NGOs - see CARE Citizenship Act Proposal).}

To clarify, enactment would read:

1. The Chancellor shall be elected in an election in which individuals run for the position of Chancellor and in which all citizens are allowed to vote for the candidates; this election shall be held at the same time with the RA elections.

2. Candidates for Chancellor shall declare their candidacy at the same time as RA candidates are required to declare their candidacy, and candidates for Chancellor, the RA, or for any other elected office shall run for [a single office in any given election;

3. The LRA may require the Chancellor to appear before the RA at least once per month and there answer questions about the state of the CDS as asked by members of the RA. The Chancellor may, at his or her discretion Deliver a Public Report on the State of the Community to the RA once per term.

4. The Chancellor shall be CDS spokesperson with respect to all outside communities; however, the Chancellor shall not take any position contrary to that established by the CDS Constitution, Code or any “Advice of the RA” issued to guide the Chancellor in his or her interaction with RL or SL communities outside the CDS.

I. The Public Information Officer (NL 4-26)

Public Information Officer

Administers a wide range of public relations activities {on a simwide basis} [throughout the CDS] in a centralized public information function. Work involves conceptualizing, developing, and implementing major media and advertising campaigns, marketing programs, and various special projects. Work is performed under general supervision of the {Guildmaster} [Chancellor].

ESSENTIAL FUNCTIONS:

* Researches, develops, writes, and coordinates a media campaign for the {City} [CDS];
* Coordinates public relations activities for the {City} [CDS];
* Oversees development and implement of a {City} [CDS] Tourist Information Office;
* Works with businesses and merchants to develop and implement a [CDS] Chamber of Commerce;
* Develops and coordinates the illustration and printing of publications;
* Prepares, reviews, and edits news conferences, releases, newsletters, publications, and scripts;
* Counsels elected and appointed {City} [CDS] officials concerning public relations aspects of policies, practices, procedures, programs, and actions;
* Researches, writes, photographs as requested;
* Serves as a liaison between {City} [CDS] officials, or organizations, departments, and specific groups;
* Researches and interprets attitudes, opinions, and perceptions of selected internal and external groups and reports that information to elected and appointed {City} [CDS] officials;
* Performs other duties as assigned.

2. The PIO is appointed by the {Guildmeister} [Chancellor with the advice and consent of the RA] and is to be paid $L1000/month.

[3.] The PIO shall serve on the Commercial, Artistic, Recreational, and Educational Revitalisation Commission (CARER Commission) and the Citizenship Commission, if constituted by the Chancellor;]

[4. Additional Duties: The PIO shall administer and, with the assistance of the RL hosts, maintain:] {1.T} [t]he CDS Website, Forums, Wicki, Colonia Nova Blog and any other current or future web-based tools so designated or approved by the RA shall be considered as part of the CDS Information and Communication Network (hereinafter "the CDS ICN").

{2. The responsibility for administering and maintaining the CDS ICN lies with the Executive Branch, and in particular with the CDS Public Information Officer ("the PIO").}

[Further,] {3. The RA hereby mandate ] the PIO {to} [shall] develop a coherent plan for consolidating, rationalising, and connecting the CDS ICN and all its indvidual elements -including a draft budget of the yearly costs associated therewith [and shall present that plan at any RA meeting at which the Chancellor presents his or her State of the CDS address].

[Further,] {4. The RA authorises t}[T]he PIO {to} shall enter into exploratory discussions with the current legal owners of the various elements of the CDS ICN regarding the transfer of the latter and of all rights related thereto into CDS ownership.

[Finally] {5.} The PIO shall prepare a written draft report in this matter, including suggested legislative proposals (if any) and submit it to the RA {for consideration no later than 1 September 2007} [following the PIO’s term of service].

{6. The RA shall consider the PIO Report within 2 weeks of receipt of the report. It shall draft and vote on legislation on this matter no later than one calendar month after receipt of the PIO Report and in no case later than 1 October 2007.}

J. The Treasurer (NL 5-5)

TREASURER

The responsibility of the Treasurer is defined as follows:

The Treasurer shall oversee and be responsible for the receipt and disbursement of all money received by the {City} [CDS] and for the investment of money received by the {City} [CDS].

It shall also be the responsibility of the Treasurer to assure that the fiscal integrity of the {City} [CDS] is protected and that all funds are accounted for, whether revenues from taxes, rental charges, user charges, fees, grants, gifts, or any other source and that expenditures comply with applicable Linden Labs TOS's{,}[;] {City TOS's,} {City} [CDS] Constitution, [Code, TOS and Covenants, and any Code, TOS or Covenant of any subordinate jurisdiction of the CDS;] {and Laws, City Policies,} [CDS] Administrative Policies and Procedures{,} [;] court orders and any other mandates affecting expenditures of funds and the management of the {City} [CDS, or any subordinate jurisdiction thereof].

In addition, the Treasurer is responsible for establishing controls which will prevent any expenditure of funds which does not meet the requirement of this policy. Violations or attempted violations of this policy are to be reported to the {AC} [Chancellor], RA and SC {(or their successors)} immediately upon detection.

The Treasurer shall be responsible for establishing and maintaining internal control procedures that include but are not limited to:

Proper authorization of transactions and activities.
Adequate documents and records.
Adequate safeguards over access and use of assets and records.

In order that the {City} [CDS] present fairly and with full disclosure its financial position and results of operations, the Treasurer is responsible for establishing and maintaining an effective accounting system that will result in the:
Identification and recording of all valid transactions. Description on a timely basis of the type of transaction in sufficient detail to permit proper classification of the transaction for financial reporting. Measurement of the transaction's value in a manner that permits recording of its monetary value in the financial statements. Determination of the time period in which the transaction occurred to permit recording of the transaction in the proper accounting period. Proper presentation of the transaction and related disclosures in the financial statements.

Policy Regarding the Treasurer

The RL person, in the form of their principal avatar, must be a citizen of {Neufreistadt} [the CDS], as defined by the founding documents.

The RL person must establish an alternate avatar; that is, one different from their primary SL persona avatar. This alt avatar shall be technically a bank account of the governing entity". All funds of this "Treasurer avatar" are and shall remain the property of {Neufreistadt} [the CDS], until the termination of the Treasurer's term in office, at which time they will be transferred to a newly appointed "Treasurer avatar".
Likewise, should the governing entity decide to continue accepting US$ payments, the RL person must establish a Paypal Business account with the buisness name corresponding to the governmental entity which the Treasurer serves. This account, too, shall be technically a bank account of the governing entity. All funds of this Paypal account are and shall remain the property of {Neufreistadt} [the CDS], until the termination of the Treasurer's term in office, at which time they will be transferred to a newly appointed Paypal account.
The Treasurer must disclose their RL contact information in confidence to another Citizen of their own {chosing} [choosing] in case the untoward should happen to the Treasurer. In this eventuality, access to the Treasurer' alt account and access to the Paypal account would be necessary.

The position of Treasurer shall be understood as a "civil service" type position. The citizen holding this role will not occupy any other elected or administrative position in the governed entity which he/she serves, unless a waiver might be granted, on a case by case basis, by the SC. She/he shall be appointed by the Chancellor, with the advice and consent of the RA, and shall {jold} [hold] their position until they may resign or removed for cause. Any such planned transition shall be of a duration of no fewer than 60 days to allow for reestablishment of accounts and the transfer of funds.

Duties of the Treasurer

1) To pay to the Estate Owner, in a timely fashion, funds sufficient to cover the sim's monthly obligation to LL, along with associated costs which may in incurred.

2) To handle real estate transactions under the direction of the appropriate government bodies of {Neufreistadt} [the CDS]; e.g., to receive applications from new members and existing citizens for the purchase or transfer of sim(s) land; to prepare necessary the deeds, to guide applicants through the process to ensure transactions are properly executed, and to keep accurate public records regarding the sim(s); the land, the parcels, the ownership configuration, and the obligations of each citizen regarding their monthly fee.

3) To handle the financial transactions under the direction of the appropriate government bodies of {Neufreistadt}[the CDS]; e.g., to collect revenues, disburse expenses, transfer and exchange currency, and to maintain the necessary in-world and RL accounts needed to administer {City} [CDS] funds in both L$ and US$.

4) To maintain a financial system in a manner consistent with RL standard accounting practices, using standard double-entry bookkeeping principles.

5) To maintain an open reporting and record systems which provides the Citizens of Neufreistadt information regarding the financial status of the city and land ownership data. However, RL information regarding Citizens, e.g., contact information, paypal account information, etc., shall be kept private.

6) To cooperate with the bodies of government as established by the citizens of {Neufreistadt} [the CDS] in carrying out the duties and responsibilities of the office and to work with any special Committees established by such bodies to develop and implement suitable oversight systems.

7) To provide other duties as assigned.

K. The Estate Owner (NL 5-6)

The Estate Owner (EO) is a function defined both by Linden Lab policies and by the system of governance of the sims comprising the CDS.

In the eyes of LL, that person (it must be a single RL person) "owns" the sim (meaning they have bought the right to authority over the sim) and must pay monthly tax on the sim. In addition, they are the sole holder of the right of "Reclaim", the ultimate authority exercizable in a private island sim.

In the eyes of the governance of a CDS sim, the EO receives the funds needed to satisfy the monthly fee to LL. In addition, the EO must duly execute actions within his/her sole ability to perform, resulting from decisions of the various authorized entities of the governing system. These shall be primarily any actions required to be performed on the "Estate" menu, and shall also include "Reclaim" parcels. Many of these roles can be delegated to various Estate Managers. Paying the monthly fee, and reclainming land, cannot be delegated.

To ensure the performance of these necessary functions, the following is proposed for the office of EO.

1). The EO shall be a citizen of a sim within the CDS and shall be appointed by a majority vote of the SC. An EO may serve for one sim or multiple sims.
2). The EO shall serve for life, or until they resign, or until they are removed for cause by a 2/3 vote of the SC.

3). The EO shall be replaced for any of these reasons only with a three month transition period to allow for transfer of sim ownership. The position may NEVER be vacant.

4). In the event of an unanticipated or unexplained absence of the Estate Owner, provision will be made for the sharing of sufficient personal information with a member of the SC so that the account can be accessed and sim ownership transferred on an emergency basis. Should this happen, LL shall be requested to perform an immediate transfer.

5). The EO shall receive funds each month to pay the monthly LL fee and to retain a balance of one month's monthly fee in reserve. The payment shall be made by the sim authority (the Treasurer) in a form and fashion specified by the EO, which may include conversion fees, Paypal charges and the LL transfer fee when required. Each month, the EO will report all receipts and disbursements, as well as the balance of their account with the sim, to the Treasurer. The EO is not considered to be an "account" of the sim; the sim does not own all funds contained within the EO's avatar. Rather, the EO functions as disbursement agent.

6). When circumstances require it, the EO will receive instructions from various of the duly constituted authorities of sim governance to perform necessary actions. In some cases, the EO will appoint Estate Managers, on the instruction of the appropriate authorities, to carry out these responsibilities. An example would be "Marshalls of the Peace" designated to ban as needed recalcitrant avatars. In other cases, such as "reclaiming" land, the EO themself will be called upon to perform this duty. All requests for such services will be logged by the EO, including the name of the requestor entity, and published monthly.

7). The EO will receive no compensation for the office. In addition, the EO will be prohibited from holding any elected or appointed office in the sim government, unless a waiver might be granted, on a case by case basis, by the SC. The only compensation provided will be the ceremonial title "Owner of the Sim".

L. The Minister of Law (NL 5-11; Chapter 1)

1. There shall be a {Judiciary Commission, the chair of which shall be appointed by simple majority vote in the Scientific Council as soon as is practicable after a vacancy arises, and who shall hold office until resignation or successful impeachment, whichever is sooner} [Minister of Law, who shall be a civil servant, appointed by the Chancellor with the advice and consent of the RA].

2. The {chair of the Judiciary Commission} [Minister of Law] shall {have the power} evaluate the administration of justice in the CDS, institute impeachment actions against any member of the SC or other judicial officer, institute an action to remove an arbitrator from the role of arbitrators maintained by the SC, and make recommendations to the Chancellor and to the RA as to the improvement of the administration of justice in the CDS.

Notwithstanding this power, the administration of justice, including the institution, staffing and oversight of any courts or appellate panels is vested in the SC, as the separate and independent judicial branch of government.

Further, the Minister of Law shall chair the Judiciary Commission, which may be instituted by the Chancellor, on advice and consent of the RA, from time to time. The Judiciary Commission shall serve for a term that ends with the end of the term of the Chancellor that constituted it, and shall be charged with the powers and obligations as follows:

1. {This Act Re-establishes the Judiciary Commission}

{2.} The Commission is charged with considering how the CDS could [improve], develop and implement a stable, efficient, effective, legitimate and independent Judiciary branch of government.

{3.} [2] The Commission will hold a full and participatory set of discussions inworld and on the CDS forums {starting on 13 August and finishing on 1 November 2007} [for its term of service].

{4.} [3.] The Commission will present a report to the RA { within a week of the completion of the Commission's work}[ in the first scheduled meeting of the RA following the Commissions term of service] with recommendations (and draft legislation if needed) {in the following areas: a) establishing a CDS system of courts (including selection of qualified judges);
b) drafting a CDS code of procedure; and c) adopting a CDS system of arbitration compatible with the above.}in any area concerning the administration of justice and enforcement of law in the CDS.

{5. The Commission will be chaired by the Dean of the Scientific Council.}

{6.} [4.] [The Commission will number not more than three and not less than eleven members, including the Minister of Law, and shall hold public meetings inworld not less than once per month. These meetings may include closed sessions attended by Commissioners only, but must include public meetings open to all citizens of not less than one hour duration. Additionally, the Commission forum must be open to participation by all citizens.] Citizens wishing to serve on the Judiciary Commission {should make themselves know to the SC Dean by 13 August.} [must apply for a position on the Commission within one month of its formation. The Minister of Law shall select the members of the Commission, subject to the advice and consent of the RA, and shall make a good faith effort to ensure that the broadest possible range of viewpoints is represented on the Commission. Commissioners, other than the Minister of Justice, shall not be considered public servants and may hold offices other than and in addition to that of Commissioner.]

{7. The RA will consider and adopt appropriate legislation in each of the four areas specified above by 1 December 2007.}

M. The Minister of Citizen Affairs

[There shall be a Minister of Citizen Affairs, who shall be a civil servant, appointed by the Chancellor with the advice and consent of the RA. The Minister of Citizen Affairs shall chair the Citizenship Commission, which may be instituted by the Chancellor, on advice and consent of the RA, from time to time. The Citizenship Commission shall serve for a term that ends with the end of the term of the Chancellor that constituted it, and shall be charged with the powers and obligations as follows: ]

1. {Pursuant to the procedures set forth in NL 5-21, this Act re-establishes the citizenship commission.}

{2.} The Commission is charged with considering how citizenship should be defined in the CDS [and with developing a plan to encourage immigration of active citizens with skills and interests that would increase the vibrancy and talent of the CDS community.]

[2] The Commission will hold a full and participatory set of discussions inworld and on the CDS forums {starting on 13 August and finishing on 1 November 2007} [for its term of service].

{4.} [3.] The Commission will present a report to the RA { within a week of the completion of the Commission's work}[ in the first scheduled meeting of the RA following the Commissions term of service] with recommendations (and draft legislation if needed) [in any area concerning the qualification and rights of citizens in the CDS.]

{5. The Commission will be chaired by [insert name of RA member selected].}

{6}[4.] [The Commission will number not more than three and not less than eleven members, including the Minister of Citizen Affairs, and shall hold public meetings inworld not less than once per month. These meetings may include closed sessions attended by Commissioners only, but must include public meetings open to all citizens of not less than one hour duration. Additionally, the Commission forum must be open to participation by all citizens.] Citizens wishing to serve on the Citizenship Commission {should make themselves know to the SC Dean by 13 August.} [must apply for a position on the Commission within one month of its formation. The Minister of Citizenship shall select the members of the Commission, subject to the advice and consent of the RA, and shall make a good faith effort to ensure that the broadest possible range of viewpoints is represented on the Commission. Commissioners, other than the Minister of Citizenship Affairs, shall not be considered public servants and may hold offices other than and in addition to that of Commissioner.]

N. Minister of Order

[There shall be a Minister of Order, who shall be a civil servant, appointed by the Chancellor with the advice and consent of the RA. The Minister of Order shall administer any criminal code, TOS, or covenants in the CDS. The Minister of Order shall also ensure that the CDS is kept free of litter and unauthorized prims. The Minister of Order shall be a Marshall of the Peace, as that term is used in the CDS Code, and shall be the senior Marshall of the Peace and administrator and supervisor of all Marshalls of the Peace in the event there are any Marshalls of the Peace other than the Minister of Order.]

O. Minister of the Interior (NL 5-22)

[There shall be a Minister of the Interior, who shall be a civil servant, appointed by the Chancellor with the advice and consent of the RA. The Minister of the Interior shall chair the Regional Planning Commission, which may be instituted by the Chancellor, on advice and consent of the RA, from time to time. The Regional Planning Commission shall serve for a term that ends with the end of the term of the Chancellor that constituted it, and shall be charged with the powers and obligations as follows: ]

[1.] Commission is charged with creating a draft of a muti-sim expansion plan, consisting of a topographic map, water plan, and road map [as may be required for any sim expansion; the Minis

[2. The Commission will hold a full and participatory set of discussions inworld and on the CDS forums for its term of service.

[3. The Commission will present a report to the RA in the first scheduled meeting of the RA following the Commissions term of service with recommendations (and draft legislation if needed) in any area concerning the geography, architecture and expansion of the virtual land area of the CDS.]

[4. The Commission will number not more than three and not less than eleven members, including the Minister of the Interior, and shall hold public meetings inworld not less than once per month. These meetings may include closed sessions attended by Commissioners only, but must include public meetings open to all citizens of not less than one hour duration. Additionally, the Commission forum must be open to participation by all citizens. Citizens wishing to serve on the Regional Planning Commission must apply for a position on the Commission within one month of its formation. The Minister of the Interior shall select the members of the Commission, subject to the advice and consent of the RA, and shall make a good faith effort to ensure that the broadest possible range of viewpoints is represented on the Commission. Commissioners, other than the Minister of the Interior, shall not be considered public servants and may hold offices other than and in addition to that of Commissioner.]

P. The Minister of Culture

{The Executive is directed to create}
[There shall be a Minister of the Interior, who shall be a civil servant, appointed by the Chancellor with the advice and consent of the RA. The Minister of Culture shall administer] a programme for financial (and other) support of events in the CDS. {The RA appoints [insert name of RA member] as 'Culture Minister' for the duration of this legislative term.} The 'Culture Minister' will {liaise with the Executive on behalf of the RA concerning the development of the} [administer an] events promotion budget and [plan and implement public activities and functions that further] the promotion of culture and arts within the CDS.

[Further, the Minister of Culture shall chair the Commercial, Artistic, Recreational, and Educational Revitalisation Commission (CARER Commission), which may be instituted by the Chancellor, on advice and consent of the RA, from time to time. The CARER Commission shall serve for a term that ends with the end of the term of the Chancellor that constituted it, and shall be charged with the powers and obligations as follows: ]

1. {This Act Establishes the Commercial, Artistic, Recreational, and Educational Revitalisation Commission (CARER Commission).}

{2}. The Commission is charged with considering how the CDS could achieve the revitalisation of our community's cultural, artistic, recreational and educational life.

{3.}[2] The Commission will hold a full and participatory set of discussions inworld and on the CDS forums {starting on 13 August and finishing on 1 November 2007} [for its term of service].

{4.} [3.] The Commission will present a report to the RA { within a week of the completion of the Commission's work}[ in the first scheduled meeting of the RA following the Commissions term of service] with recommendations (and draft legislation if needed) in [any area concerning the qualification and rights of citizens in the CDS, including, without limitation,] the following areas:

a) Business & Commercial Development;
b) Marketing and Tourism;
c) Arts, Culture and Creativity Promotion; {and}
d) Community Education{.}[;] [and]
[e) The establishment of CDS civic holidays, not more than one per month and not less than one per two months, to celebrate and recognize critical events in the history of the CDS including, without limitation, the founding of Neualtenburg; the founding of Neufreistadt; the founding of Colonia Nova; the survival of the CDS in the “Ulrika Crisis” and the survival of the CDS in the “Judiciary Crisis.”]

{5. The Commission will be chaired by the CDS Chancellor.}

{6}[4.] [The Commission will number not more than three and not less than eleven members, including the Minister of Culture, and shall hold public meetings inworld not less than once per month. These meetings may include closed sessions attended by Commissioners only, but must include public meetings open to all citizens of not less than one hour duration. Additionally, the Commission forum must be open to participation by all citizens.] Citizens wishing to serve on the CARER Commission {should make themselves know to the CDS Chancellor by 13 August.} [must apply for a position on the Commission within one month of its formation. The Minister of Culture shall select the members of the Commission, subject to the advice and consent of the RA, and shall make a good faith effort to ensure that the broadest possible range of viewpoints is represented on the Commission. Commissioners, other than the Minister of Culture, shall not be considered public servants and may hold offices other than and in addition to that of Commissioner.]

{7. The RA will consider and adopt appropriate legislation in each of the four areas specified above by 1 November 2007.}

A sum of $L4 000/month is appropriated to this programme beginning in August 2007 and running through to the end of January 2008. [Additional sums may be set aside for this programme, from time to time, by the RA, and any such funds shall be administered as provided herein.]

The {Executive} [Minister of Culture shall attend RA meetings once per month and] will discuss this programme with the RA at {the monthly} [such] meeting[,] giving details of funds which have been awarded and planned expenditure.

[Legislative Agencies

[At the discretion of the LRA, the following Legislative Agencies, administered under the direction of the LRA, may be established:

1. [Office of Management and Budget, which shall be administered by an official who shall be appointed by the LRA and who shall report the to RA. This official ay be a member of the RA or any other citizen. This official shall not be a civil servant for purposes of considering plurality of office, but may not be the Chancellor, the Treasurer, the Estate Owner, the Minister of Culture, or any other civil servant with the power to administer an executive budget.] The {Chancellor} [LRA] will appoint an Auditor General, for a renewable {one-year} period [coinciding with the term of the RA in which the LRA appointing the AG was initially selected to serve as LRA] {, subject to the advice and consent of the RA}.

{2.} [a)] The AG {would} [shall] consult with the Treasurer during the budget drafting process and {would} [shall] offer written advice to the Treasurer [and the RA] on the {latter's} [Treasurer’s] draft Budget, before the draft Budget is presented to the RA. The Treasurer will be at liberty to incorporate or not any and all suggestions of the AG in the draft Budget he/she presents to the RA.

{3. The RA will consider both the Treasurer' draft budget and the AG's written advice and table its own, draft Budget Bill.}
[b)]{4.} The AG will issue its written budget evaluation of the RA Budget Bill at an open, public meeting.

{5. The RA will chose to modify / not modify its Budget Bill accordingly, and pass it into law. The citizens will support / sanction the budget by their vote at election time.}

[c) Further, the LRA may instruct the AG to audit the operations and budget administered by any civil servant at any time. Such civil servant shall participate in full with any audit and shall attend any meetings or consultations reasonably scheduled by the AG or RA relating to such audit. The AG shall prepare and submit a written audit report to the RA and SC, showing the results of such audit and recommending actions, including censure or impeachment, of any civil servant found in such an audit to have abused or neglected his or her office.]

2. [Office of the Code Reviser, which shall be administered by an official who shall be appointed by the LRA and who shall report the to RA. This official ay be a member of the RA or any other citizen. This official shall not be a civil servant for purposes of considering plurality of office. The LRA will appoint a Code Reviser, for a renewable period coinciding with the term of the RA in which the LRA appointing the Code Reviser was initially selected to serve as LRA.

{1. The Chancellor shall appoint two or more Legislative Drafters ("the LGs").}

{2. The LGs shall form the Legislative Drafting Committee ("the LDC").}
[a) The Code Reviser shall Chair the Code Reorganization Commission, which may be Constituted, from time to time by the LRA. Such Commission shall report to the RA each month with a proposal or proposals for legislative reorganization, including repeal of obsolete or superseded acts, as it deems appropriate. It shall not consider the text of the constitution. Members of the Code Reorganization Commission shall be appointed by the Code Reviser. The Code Reorganization Commission shall not have fewer than one member or more than five members.]

[b){3. The LDC }[If there is a Code Reviser, the Code Reviser] shall work with, and under the supervision of, the RA in accordance with the following legislative process:

{a)}[i)] Introduction: any {individual} [CDS] citizen generally {or RA Member specifically} may submit a draft Bill in the RA, presenting, outlining and summarising the substantive content of the desired bill.

{b)}[ii)] First Reading: the RA shall consider and debate the draft Bill summary, make any changes or amendments it sees fit, and vote to approve or reject it.

{c)} [iii)] Referral: If approved, the draft Bill summary will be referred by the RA to the {LDC, which} [Code Reviser, who] }shall be led by the RA member who introduced the draft Bill, or by an RA member designated for that purpose by the RA if the Draft Bill was introduced by a non-RA Member;}

{d) Legal Drafting: The LDC will} examine the draft Bill summary and draft the actual text of the future Act, based on the Bill summary received, instructions from the RA, and under the supervision of the {RA Member heading it} [LRA].

{e)} [iv)] Second Reading: the RA shall examine the text of the Draft Bill as submitted by the {LDC}

Code: Select all

 to the RA, amend it as necessary and hold a vote on it.


Procedure for selection LRA:

1. [The LRA is to] {To} be chosen by a majority of RA members after the elections but not necessarily from the Party with most seats{, so as to create a responsible majority government (advantage: efficiency; accountability; checks and balances)};

2. Once elected, the LRA{ gives a public legislative agenda speech, outlining new government's legislative program (advantage: leadership, openess, accountability)} [chairs meetings of the RA and appoints officials to Legislative Agencies, if any;

{3. LRA to resign if budget is not adopted, or on any other matter declared as vote of confidence by the LRA (efficiency, accountabilty);}

{4. LRA limited to two mandates, consecutive or not (advantage: limitation of powers; renewal, innovation);}

{5. LRA to occupy no other position in any public or quasi-public organiation, current-RA, SC, Guild, Political Parties, Media ownership and control- or future -Judiciary, Radio Station, etc) except on a possible Citizenship Commission (to confirm citizenship sponsorship applications from NGOs - see CARE Citizenship Act Proposal).}
Let's keep things simple enough to be fair, substantive enough to be effective, and insightful enough to be good.
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Patroklus Murakami
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Post by Patroklus Murakami »

Our experience of omnibus bills has not been a happy one :) (Remember the Judiciary Act?) I think I see the motivation for this, alignment of various laws to make sure language etc is consistent. But surely it's better to consider each of these separately if you oppose significant parts of them? I don't quite get why you would want to look at the job lot all at once.

Same comments about deadlines etc apply.

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Post by michelmanen »

This is scary. I again agree with Pat entirely.

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Post by Beathan »

This bill can, for the most part, be considered a unifying amendment to the previous proposals -- rather than a separate proposals. As such, I submit that it was submitted by the deadline. Pat, I agree entirely with your take on past "omnibus bills" -- however, this proposal is not an omnibus bill created out of the whole cloth. Rather, it is a unification of the current proposals with existing law, trying to put the pieces together as anyone interpreting our law will have to try to put the pieces together. Given the nature of the current proposals, piecemeal, myopic consideration and passage of the bills is not wise.

In any case, the purpose of this bill is to show that none of the bills proposed (except, perhaps, the referendum bill) should be passed in this first session. We need to consider both how they work together and how they work with existing law.

Of course, it is possible that I missed the deadline because I travelled for eight hours today, ending only at 5:00 -- and then spent the next five hours trying to determine how the current proposals would fit together and fit into our existing law. I very much doubt that we have given these points sufficient consideration to properly consider the proposals on Sunday.

Beathan

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Post by michelmanen »

From what i understand the only 4 proposals on Sunday's agenda are the Citizenship Commission, the CARER Commission, the Judiciary Commission and the Events Act. Everything else is still under discussion.

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Post by Beathan »

Michel --

Even if those are the only four proposals on the agenda, and CARE's other proposals are not on the agenda, those four proposals include exactly the kind of institutional changes that need to be assessed in their context. We must tread with deliberate care here.

Further, even if those proposals are the only items on the agenda, I hope that the RA will consider the portions of this overarching unification of the proposals that specifically addresses the proposals as amendments to them.

For instance, I think that the chairmanship of the commissions should be different than proposed, the term and reporting duties should be different, and, in some cases, the charge should be different. Further, the procedures should be more spelled out.

Finally, in the case of the Minister of Culture, the position should be, as all Minister positions should be, executive not legislative. They should be filled from the Legislative body only when the Executive arm of government is derivative from that body -- as in the UK system.

Beathan

Last edited by Beathan on Sat Aug 04, 2007 8:52 am, edited 1 time in total.
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Post by michelmanen »

Well, when these will come up for discussion, I am sure you will be able to voice your concerns. Nothing stops the RA, if it so wishes, to makes any changes to the Bills it considers.

As for coordination between Acts, I do agree that this is desirable. My hope is that once the commisssions are out doing their job, the RA could consider the other pieces of legislation both individually and within the larger context you propose. It then could easily adopt a framwork act spelling out certain key provisions, into which all other acts could fit in like pieces in a puzzle. So while I do agree with you that coordination and and over-all picture are necessary, I agree with Pat that we do not need a huge Omnibus Bill do address all the issues at hand, and that we will be better served by addressing each major topic on its own.

Please feel free, if you wish, to draft such a framework act (a lot of it could be taken from your draft Omnibus Bill) - just make sure it remains at the requisite level of generality and does not step into the territory of the specific commissions and / or bills under consideration.

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I'll admit...I haven't read it.

Post by Pelanor Eldrich »

Beathan I'm sure this act has a number of great ideas which might be best passed one at a time. It's a pretty hefty bill for a faction which believes in Simplicity and small government.

Having said that, that's not a critique of the bill in any way. It just means, unfortunatley that there are some VW gov't problems/advances that can't be solved/built with a single 5 line bill.

Some of our issues *are* complex. That's not a bad thing, it's just the nature of the beast IMO.

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Post by Beathan »

Pel --

There is almost nothing in this Act this is not either already the law (although, sadly, in many cases uninstituted law -- such as the Marshalls of the Peace) or is proposed as a separate piece of legislation elsewhere. The only thing that I think is new is my proposed succession, by seniority of post (based on the date of the Legislation that created the position in larval form).

The purpose of this Act therefore not to propose anything new. Rather, it is to present in unified form what has been otherwise proposed and put that in what we already have.

In my opinion -- the skepticism with which people are greeting this Act proves that the current proposals of CARE and the CSDF go too far in complicating our government. In fact, our current government is already fairly complicated -- or would be if we filled the existing vacancies and if the Chancellor used the power provided by the Civil Service Act.

So far no one is discussing this critical issue. Anyone? Please ...

Beathan

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Post by Dnate Mars »

I am trying to read the bill, but will all the changes it is sort of hard to read. Perhaps a wiki page with this bill would be better suited if you are planning on changing this around a lot as time goes on?

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Post by Beathan »

Dnate --

Good point. I am not wiki-literate, but I will try to clean up the bill.

Beathan

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