On the definition of powers in the event of emergency

[Awesomiasa]

 

Also I would suggest this:

 

<p style="margin-left:40px;">10.- Nations that have been ejected or banished from the region without a trial during a State of Emergency may appeal the case to a full court.

 

I must most respectfully disagree with this. While I see your point in having the due process of law, nations are ejected from a region for most likely abetting the enemy during a state of hostility. Moreover, "The Bill of Rights cannot be suspended during a State of Emergency, except where the Delegate may
eject or ban nations from the in-game region and/or forums on reasonable grounds of suspicion that the nation(s) are participating in actions that attempt to subvert the legitimate government of the region without due process of law.
"

 

Seeing your point, I may add a few words regarding grants of amnesty in clause 8

[Aistos]

That works wonderfully too, I agree.

 

My main fear there was the possibility of collateral damage since SoE may be hectic moments were assumptions may need to be made and there is no time to review each ban in a case by case basis. 

[QuietDad]

I motion we bring this to vote.

[Farengeto]

Seconded.

[Cormac]

Thirded.

[Belschaft]

Needs a proofread first. I can see a bunch of gramatical mistakes.

[Awesomiasa]

Needs a proofread first. I can see a bunch of gramatical mistakes.

 

Fixed the more glaring ones.


Also, it's grammatical

[Awesomiasa]

Can we bring this to vote already? I think it's been stayed long enough...

[Escade]

I motion to bring this to vote.

[QuietDad]

second

[Rebel-topia]

Sorry. With the (US) holiday weekend, and the snowstorm yesterday. Ive been quite busy. Ill have this up shortly...

[Kris Kringle]

1. In the event that a hostile takeover of the region by the sitting Delegate has occurred or is imminent, the Committee for State Security is empowered to grant the Vice-Delegate temporary provisions as Acting Delegate, by a vote of 60% in favour in the Assembly.
   

<p style="margin:0px;">I know voting is already underway, but if someone could nonetheless explain the highlighted parts to me? The idea would be that the CSS would make a recommendation to make the VD an Acting Delegate, subject to a 60% vote of confirmation from the Assembly?

[Awesomiasa]

 

1. In the event that a hostile takeover of the region by the sitting Delegate has occurred or is imminent, the Committee for State Security is empowered to grant the Vice-Delegate temporary provisions as Acting Delegate, by a vote of 60% in favour in the Assembly.
   

<p style="margin:0px;">I know voting is already underway, but if someone could nonetheless explain the highlighted parts to me? The idea would be that the CSS would make a recommendation to make the VD an Acting Delegate, subject to a 60% vote of confirmation from the Assembly?

 

Kris has spotted a typo in here, the correct wording should be:

1. In the event that a hostile takeover of the region by the sitting Delegate has occurred or is imminent, the Committee for State Security is empowered to grant the Vice-Delegate temporary provisions as Acting Delegate, by a majority vote in favour in the CSS.
   

Thus, I urge all to vote against the current amendment at vote, until this error (and any further errors, if found) are rectified, and a new version of the amendment has been put to vote. As the author of this bill, I unreservedly apologize for any inconvenience caused. Thank you.

[Escade]

Can't we alter the typo instead of going to revote?

 

Edit:  Ok, thanks Grim.  

[TheGrimReaper]

It's a typo that changes the entire meaning of that section.

 

I mean, I generally am all for leniency in typos (it's a game, I grew up in Osiris, etc. etc.), but this is a fairly glaring one.

[Awesomiasa]

 

<blockquote class="ipsBlockquote">
Amendment to Article 5, Section 2 of the Charter

6. With the majority approval of the Committee for State Security taken by a vote
, the Delegate may declare a State of Emergency with reasonable justification that a threat to regional security is imminent, subjected to provisions granted by Article 6, Section 3 of the Charter

 

Addition of Article 6, Section 3 to the Charter


Section 3- State of Emergency

1. In the event of a State of Emergency,
   the Delegate must confer with the Committee for State Security (CSS) before carrying out any actions
   
   
2. The Delegate may lower or increase the endorsement cap or ask that the region endorse a CSS member as a proxy.
   
   
3. The Delegate may also make statements to the region with regards to the situation, and delegate responsibilities or directives to other Cabinet members to ensure cohesion in the region.
   
   
4. The Bill of Rights cannot be suspended during a State of Emergency, except where the Delegate may
   eject or ban nations from the in-game region and/or forums on reasonable grounds of suspicion that the nation(s) are participating in actions that attempt to subvert the legitimate government of the region without due process of law.
   
   
5. In the event of a Delegate transition, both the outgoing Delegate and incoming Delegate may call for a State of Emergency, with the decision to grant the declaration resting in the Committee for State Security
   
   
6. In the event that a hostile takeover of the region by the sitting Delegate has occurred or is imminent, the Committee for State Security is empowered to grant the Vice-Delegate temporary provisions as Acting Delegate, by a majority vote in favour in the CSS.
   .
   
7. The Assembly, by a conscience vote, may vote to override or end a State of Emergency by a vote of 60% in favour
   .
   
8. Within 48 hours of recovery from a State of Emergency, a report detailing the incident and the particular evidence used to justify it along with an evaluation of measures and recommendations of further actions to be taken by the Assembly, Cabinet and/or Judiciary should be submitted to the Assembly, which includes but is not limited to: recall motions, charges to be filed and grants of amnesty.
   
   
   

I urge you all to second this amended version as soon as possible, so that less time is lost on voting.

</blockquote>

[Kris Kringle]

Seconded.

[QuietDad]

I second it

[Vibrant Coconuts]

I prefer the typo version!

[Rebel-topia]

There is no way to bring the new text to vote until the old one fails.

 

If the "old" text fails, then a re-nomination of the "new" text is brought up and seconded, then I will bring the "new" text to a vote.

[Kris Kringle]

Why is that? Isn't it a whole new text being proposed?

[Sandaoguo]

Why is that? Isn't it a whole new text being proposed?

 

Well, there's the theoretical possibility that both texts pass. We have no procedure for conflict of laws. meaning both texts would be legally binding.

[Rebel-topia]

 

<blockquote class="ipsBlockquote" data-author="Kris Kringle" data-cid="114673" data-time="1390489336">
<div>
Why is that? Isn't it a whole new text being proposed?

 

Well, there's the theoretical possibility that both texts pass. We have no procedure for conflict of laws. meaning both texts would be legally binding.

 

</div>
</blockquote>
 

There is no legal way to stop a vote from taking place after its been seconded, let alone after its been brought to vote. And I will not open the door to multiple texts on the same subject getting brought to vote at the same time. So, as leader of the Assembly, if the first one fails, and the motion and second are made for the "new" text... Then, and only then, will I bring it to a vote.

[Escade]

Ok, things should be brought to the assembly after being carefully thought out and double checked. However, due to the possibility of human error I wonder if we need some way of pausing or cancelling an assembly vote.  Perhaps if the CoA was in favor and three cabinet members also motioned to it?

[Belschaft]

The cabinet had no more authority in the assembly than any other citizens, and certainly should not be granted a de-facto legislative veto.