Vice-Chancellor

[Beathan]

There has been some discussion of adding a new office called "Vice Chancellor." I think this is a bad idea and will not support it. To start with, before we ad a new office -- any new office -- we should fill the offices that we currently have. At present, we have numerous unfilled offices -- some, like Marshall of the Peace -- have never been filled.

If succession is a concern, I think we should pass a bill (as I have proposed as the only novel part of my "Omnibus Act") that clarifies and sets the sucession of the various executive offices into the Chancellorship. Alternatively, we can have a Chancellor election if the post is ever vacant. If we keep the Chancellor as a RA-selected post, we should be able to fill it very quickly if it ever is vacant.

Beathan

[Dnate Mars]

Do we have a list somewhere of all the open spots on the government? The only one that ever really gets talked about is the PIO.

[michelmanen]

The CDS Constitution states:

[quote:23hb14if]2. The Chancellor of Neufreistadt-CDS shall, subject to the laws of Neufreistadt-CDS, have the power:
...

(d) to appoint and pay deputies or other staff to hold office in the Office of the Chancellor of Neufreistadt-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;[/quote:23hb14if]

[Brian Livingston]

As the Constitution currently reads, it is the Chancellor's prerogative to appoint and dismiss deputies. I suppose if the Chancellor wishes to appoint a deputy, they are certainly within their rights to do so, as long as that deputy is paid out of the funds of the Executive budget.

However, in the event that the Chancellor steps down, that deputy shouldn't expect to automatically become the successor, at least under our current Constitution. I would prefer to see a proposal that, in the event of a vacancy of the office, a special election will be held by the RA to elect an interim Chancellor.

--BL

[Beathan]

Dnate --

Although the PIO and the Marshalls of the Peace are the only unfilled permanent offices we have -- I think that the following list identifies the offices we have found useful in the CDS. I think that all these offices should be instituted and filled before we consider adding a new office with an undefined portfolio.

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).

I note that, at present, the only filled executive offices are the Chancellor, the Treasurer, and the Estate Owner. The Treasurer and Estate Owner are filled by the same person (who has done an excellent job with both), and might not be properly conceived as executive, but rather might be branches of government all their own (although, I think we should rethink this and clearly define them as civil service posts).

The civil service act and the Constitution, as cited my MM, gives the Chancellor the power to create and fill offices. However, as noted by Brian, the Chancellor does not have the power to pick a successor -- and the succession question is not answered. I proposed, and continue to support, having an order of succession (as in the United States) in which the senior ministry posts succeed (at least until a special election can be held). The seniority is reflected in the above list (based on initial statute creating an official position in some form).

Beathan

[Dnate Mars]

[quote="Beathan":2dl43nsb]Dnate --

Although the PIO and the Marshalls of the Peace are the only unfilled permanent offices we have -- I think that the following list identifies the offices we have found useful in the CDS. I think that all these offices should be instituted and filled before we consider adding a new office with an undefined portfolio.

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).

Beathan[/quote:2dl43nsb]

Isn't #5 not around anymore will the appeal of the JA?

#6: "RA can decide that a commission be formed to analyse the proposal."
"The commission must be chaired by a member of the RA."

#7: "The Representative Assembly shall from time to time appoint, or delegate its power to appoint, persons to act as Marshals of the Peace, who shall have responsibility for keeping the peace and maintaining law and order in any territory governed by or under the Confederation of Democratic Simulators."

So it seems that the RA needs to get going not the Chancellor.

[Jon Seattle]

[quote="Beathan":30dstkkp]There has been some discussion of adding a new office called "Vice Chancellor." I think this is a bad idea and will not support it.[/quote:30dstkkp]I agree with you on this. Of course no one has really defined the role and powers. If Vice Chancellor is just a fancy name for an "Assistant to the Chancellor" I don't see there is much we can do.

I do think the RA needs to remain vigilant however. Chancellors sometimes get busy in their RL lives and we might find a Vice Chancellor acting as the de-facto Chancellor. The latter is something that is not supported by the constitution and something that I think we should avoid if at all possible.

[Beathan]

Dnate --

You are right that many of the offices I have identified have historically been RA positions -- or involved in RA commissions. It is also true that the judicial posts (as opposed to the Marshalls of the Peace) were in repealed sections of the Judiciary Act.

My thinking is not that these posts are necessarily posts that currently exist under law (although the PIO, Treasurer, Estate Owner, and and Marshall of the Peace posts do exist) -- or that they have been executive posts (the Minister of Culture is currently an RA post). Rather, my thinking is that the legislative history of the CDS shows that these positions have utility -- serve a purpose we have discovered in the past -- and therefore it would make sense for the Chancellor, under the power to appoint civil servants, can appoint people to fill these roles -- in an executive capacity, and under Chancellor guidance. I think that having these roles as civil servant roles, under the supervision of the Chancellor, might be a more productive way to address the problem then having the RA act to create and fill ad hoc committees.

Beathan

[Dnate Mars]

Get me the power to appoint them and I will fill them. As I am sure you have heard, the PIO is now filled along with the event coordinator. I am working on the rest.

Isn't the RA, the Chancellor, and the head of the SC automatically Marshall of the Peace?

[Beathan]

Dnate --

I think you already have the power to appoint people to all these posts. The SC might take a different position -- but I read the CDS Constitutional term cited by Michel to indicate that the Chancellor has the power to create specific civil service positions and the Civil Service Act to provide the power for the Chancellor to appoint citizens to those positions. The only restriction on this is the limitations on the Chancellor's power -- but I think the Chancellor has a general power to manage the laws and to inquire into issues of concern to the CDS and propose laws to the RA if necessary. Therefore, the Chancellor has the power to create a deputy position to discharge any of these activities and to fill the deputy position without limitation.

In fact, I would role back this power by requiring RA confirmation. At present, the Chancellor does not have too little power -- but a bit too much.

Beathan

[Dnate Mars]

If you would read the newest draft of the Executive powers bill that I just posted, I have now taken care of this little issue.

[Beathan]

Dnate --

I have read your proposal. I don't see "advice and consent" of the RA on Chancellor appointments in it. Did I miss it?

Beathan

[Dnate Mars]

section 2, part d, subset (i)Staff that is mandated by the RA that the Chancellor must appoint will require a majority approval by the RA before that person will be placed into the position. To remove this appointed person from office, the RA must approve of the removal also.

[Beathan]

Dnate --

I see this now -- but in the revised bill. I'm not sure that this goes far enough. I want to see RA approval of any official who would have a significant responsibility, whether the official serves in an office created by an Act of the RA or not. I also prefer the "appeal removal to SC" requirement of the civil service act, rather than "removal subject to approval of RA."

Beathan