The New Article II - The Executive bill

[michelmanen]

Hmmmm... please consider contact lenses...

[Dnate Mars]

Currently almost all the power of running of the CDS is in the hands of the RA. The SC has a veto, but only if the law goes against the constitution. It says nothing if the law is good or bad. Taking some of this power away from the RA is a way to help place back into the system on of the checks that removal of the AB.

[michelmanen]

I agree entirely.

[Brian Livingston]

I am intrigued by this proposal and am planning on thinking on it a bit more and will likely post again. However in the short term, I had two quick points I'd like to make:

First, in section 2 (d), I would like to see it specified that the funds for any Executive appointees would come from the funds of the Executive Budget.

Secondly, I am not in favor of giving the Chancellor voting rights in th event of a tie during an RA vote. The same goes with the Chancellor chairing the RA. The reasons for this have already been stated. In short, this provides the executive with an inordinate amount of leverage in the RA and serves to convolute the interaction between the branches. I don't mind the Executive becoming a bit stronger, but within its own right.

--BL

[Flyingroc Chung]

What constitutes a tie? Under the current system, there are always an odd number of RA members.

[michelmanen]

Well, in case of a quorum of say 4 or 6, or if someone abstains..... votes could be tied.

[Fernando Book]

I don't know why a tie is a problem: if there's a tie proposals aren't approved, as approval (i.e., changing things) need more yeahs than nays.

[michelmanen]

Which is a recipe for inaction. That's why I propose a tie-breaking vote to be exercised by the Chancellor when required.

[Dnate Mars]

As promised, update #1! I changed the way way the votes are counted, slightly, and I removed the tie breaking vote within the RA. I also made the Chancellor the head of the state for international relations and with LL. If you think it should be different, tell me, I am still just throwing out ideas. I debated about adding the VC spot, but it seems that most don't want it, at least right now. If I do add it, I was thinking as the second place vote getter.

Article II - The Executive

Section 1 - The Chancellor

The Chancellor will serve as the executive of CDS, working to coordinate and plan community projects, and to act as a head of the State for the CDS project.

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.

(i)Staff that is mandated by the RA that the Chancellor must appoint will require a majority approvial by the RA before that person will be placed into the position. To remove this appointed person from office, the RA must appove of the removal also.

(ii)Staff that is not mandated by the RA will serve at the will of the Chancellor. This means that these people can be removed form their positions with or without reason by the Chancellor.

(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 not be caused to have no holding in CDS at all thereby;

(f) to make regulations pursuant to the above;

(g) to enforce such regulations in accordance with law;

(h) to act as the head of the state in dealing with outside entities such as foreign nations or Linden Lab.

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.

The Chancellor will deliver a public report on the State of the CDS in March and October of each year.

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

The Chancellor of the CDS shall be selected by the people of the CDS from among any CDS citizen who shall make application to the SC. Each voter will rank the Chancellors running as to order of perferance. To be elected as Chancellor, at least 50% of the votes must be in favor of the Chancellor. If the first count does not elect an chancellor, the candidate with the fewest votes will be eliminated until the single candidate receives 50% of the votes.

The application period shall end fifteen (15) days before the next general election. This provision shall come into force with the next RA election following passage and ratification of this amendment.

The chancellor will serve a term ending with the election of the next chancellor.

The Chancellor may not be elected to or serve on the Representative Assembly, nor serve on the Scientific Council.

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 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.

Section 7 - Removal from Office

The Chancellor may be removed from office prior to the expiration of the term of office by a bill passed by the RA calling for the removal of the Chancellor. A vote will be held within 7 days of passing the bill lasting 7 days. If two thirds of the votes are for the removal of the Chancellor, the Chancellor will be removed from office immediately.

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 seven 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.

PS, I want to have draft #3 done by Thursday, so make you suggestions known!

[Jon Seattle]

This draft is a considerable improvement, especially providing for review of any removal of civil servants, but there are still some issues here:

1. The bill cuts out all connection to parliamentary systems and substitutes a US model. For that reason the position should be called "President" not "Chancellor".

2. I still object to this new position being elected in a what is likely to be a popularity contest. We end up with either an issues-based campaign that preempts the RA's legislative role, or a campaign that focuses on personal characteristics of the candidates.

2. I notice the removal of section 3. Is there any reason to do away with this:[quote:3k2tiuu3][b:3k2tiuu3]Section 3.[/b:3k2tiuu3] 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.[/quote:3k2tiuu3]It seems to me that this is a primary responsibility of any person in that role.

[Diderot Mirabeau]

[quote="Dnate Mars":3obwigz5]Section 1 - The Chancellor

The Chancellor will serve as the executive of CDS, working to coordinate and plan community projects, and to act as a head of the State for the CDS project.[/quote:3obwigz5]

In my view the only justification for having a chancellor is if s/he can actually contribute beneficially to converting acts passed by the RA into tangible, enforced reality.

I see the chancellor as neither some kind of community concierge nor as a new policy-making body but as the highest ranking civil servant of the CDS executive, whose most noble task lies in ensuring that the laws our RA spend so much time debating and fine-tuning actually end up making a difference in the lives of our citizens. That means the focus of the chancellor should be on the [b:3obwigz5]implementation[/b:3obwigz5] and [b:3obwigz5]enforcement[/b:3obwigz5] of acts passed by the RA.

To me, the natural extension of this view of the chancellor's duties and focus would be to change the above article to read:

[quote="Diderot Mirabeau":3obwigz5]Section 1 - The Chancellor

The Chancellor will serve as the executive of CDS ensuring implementation and enforcement of current CDS legislation as passed by the Representative Assembly resorting to seeking a ruling from the Scientific Council in case of disputes arising over the interpretation of applicable law. [/quote:3obwigz5]

[Bromo Ivory]

Diderot -

I like the improvements in wording - though even Aliasi spent most of her time approving placement of objects in CDS, issues with covenants - and authorizing some community events - so I feel it can't be ignored in this bill. But I really do like the wording.

And to other comments: Even if the amendment passes - the position to me would not be nearly as powerful as a US president -

Anyway - here is a neat little article about the forms of government:

[url:2s9qynks]http://www.undp.org/governance/docs/Parl-Pub-govern.htm[/url:2s9qynks]

I found it really helpful in framing the debate and clarified a number of issues that were discussed here and in the RA.

[Dnate Mars]

[quote="Jon Seattle":36941730]This draft is a considerable improvement, especially providing for review of any removal of civil servants, but there are still some issues here:

1. The bill cuts out all connection to parliamentary systems and substitutes a US model. For that reason the position should be called "President" not "Chancellor".

2. I still object to this new position being elected in a what is likely to be a popularity contest. We end up with either an issues-based campaign that preempts the RA's legislative role, or a campaign that focuses on personal characteristics of the candidates.

2. I notice the removal of section 3. Is there any reason to do away with this:[quote:36941730]Section 3. 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.[/quote:36941730]It seems to me that this is a primary responsibility of any person in that role.[/quote:36941730]

Your second #2 is there. Section 3 didn't change.

There is the possibility that it will become a popularity contest. But as it stands now, it is, with just a smaller group of people. The Chancellor is not able to pass laws, so it would be really hard for one to preempt the RA's role.

As for what to call it, it really doesn't matter to me. Call it what you will, the post is the same.

[Aliasi Stonebender]

[quote="Bromo Ivory":ntxez5k1]Diderot -

I like the improvements in wording - though even Aliasi spent most of her time approving placement of objects in CDS, issues with covenants - and authorizing some community events - so I feel it can't be ignored in this bill. But I really do like the wording.
[/quote:ntxez5k1]

I did make attempts at implementation, limited by small factors such as nobody wanting to be a civil servant. I blame y'all.

[michelmanen]

[quote:2fwyc2ed]In my view the only justification for having a chancellor is if s/he can actually contribute beneficially to converting acts passed by the RA into tangible, enforced reality.

I see the chancellor as neither some kind of community concierge nor as a new policy-making body but as the highest ranking civil servant of the CDS executive, whose most noble task lies in ensuring that the laws our RA spend so much time debating and fine-tuning actually end up making a difference in the lives of our citizens. That means the focus of the chancellor should be on the implementation and enforcement of acts passed by the RA. [/quote:2fwyc2ed]

I do not agree that the Chancellor is a civil servant whose sole task is to implement and enforce RA acts. He or she should be able to put forward a vision for our community and provide leadership in achieving that vision. The cooperative interaction beween Chancellor, the RA, the SC (when needed) and the citizens at large will shape who we are and in what direction we are going - not just the RA. Granted, key tasks of the Chancellor will be to implement and enforce the RAs legislation - but not the only ones.

I am not arguing here in favor of a Presidential system; but I also do not endorse a British- or German-style system where the Executive is really merged into the legislative and the Head of State is a purely honorific position. As explained before, I think the closest model to what we need is the French model, modified to ensure the independence of the Head of the Legislative Branch, and of the Legislature as a whole, from the President. President and Prime Minister (in our case, Chancellor and LRA, or whatever we may decide to call them - Khalif and Sultan, anyone? ) will work closely together, neither dominating the other.

We really need to break out of our visceral anti US-Republicanism affecting our view of the Executive and out of the silo-mentality pushing us to compartimentalise everything into water-tight little boxes so that everything stays perfectly insulated from everything else and avoids any overlaps. This is an archaic, tired and failed approach to systems of governance; it doesn't work irl and it won't work here. Separation of powers doesn't mean isolation of powers; it means ability to act autonomously and interact with others. As long as we keep thinking in terms of 18th and 19th century constitutional theory and practice, we will go nowhere fast.

In light of all this, Article 1 should read:

[b:2fwyc2ed]1. The Chancellor (President) is the Senior Elected Public Officer of the Confederation of Democratic Simulators, whose duties include:

a) to provide vision and leadership for the CDS;
b) to represent the CDS and be its spokesperson with respect to all other in-world or Real World organisations, agencies, or actors;
c) to head the Executive Branch of the CDS;
d) to ensure appropriate legislation is discussed and adopted;
e) to implement and enforce the Acts passed by the RA; and
f) to plan and coordinate public community initiatives, projects, activities and events.[/b:2fwyc2ed]