VOTE: Amendment to (Rewrite of) the Curia Act / "Executive Act"

This revision of the Curia Act, discussed Curia Rewrite and EPSA Act [Proposal + Bill][New] - The East Pacific - Tapatalk, was proposed by Magister Mangegneithe and seconded by Provost Dylan on 2nd February 2021. The rewrite, which will subsequently be known as the “Executive Act”, will read as follows:

— Begin quote from ____

BE IT ENACTED by the Magisterium of the East Pacific:

SECTION I. GENERAL PROVISIONS

…1.1. This law may be cited as the Executive Act of 2021.
…1.2. Upon enactment of this Executive Act, the Cabinet is established. The Cabinet consists of the Delegate, the Regional Affairs Minister, the Foreign Affairs Minister, and any other position explicitly designed as such in relevant legislation or by delegate prerogative.
…1.3. The Cabinet shall be lead by the Delegate and coordinate the efforts of the executive.
…1.4. The Delegate, and any executive appointee thereto, shall be able to organize such executive ministries, departments and organizations as they see fit, notwithstanding the provisions of this Act.
…1.5. The Delegate retains the power to overrule any executive appointee’s decisions.
…1.6. The Regional Affairs Minister and the Foreign Affairs Minister can be removed by a two-thirds majority vote of the Magisterium for inactivity, high crimes, treason, or inability to perform their duties.
…1.7. For the purpose of this Act, “Deputies” are defined as any Deputy Provosts or any appointed person(s) who assume the specific legal duties of Delegate during their absence.

SECTION II. FOREIGN AFFAIRS

…2.1. The Ministry of Foreign Affairs shall maintain relations with foreign regions at the Delegate’s instructions and advise the Delegate on all Foreign Affairs matters.
…2.2. The Delegate, the Foreign Affairs Minister, and any other executive appointee for that purpose by the Delegate, are assigned the duties of administrating the Foreign Affairs Ministry.
…2.3. The authority to grant in-game embassies shall be at the discretion of the Delegate, or any executive appointee for that purpose by the Delegate.
…2.4. The authority to approve or deny requests for embassies on The East Pacific forums shall be at the discretion of the Delegate, or any executive appointee for that purpose by the Delegate.

SECTION III. REGIONAL AFFAIRS

…3.1. Regional Affairs - General Provisions.

…3.1.1.The Delegate, subject to the provisions of this Act, shall be able to organize all regional ministries, departments and suborganizations of the executive branch as they see fit.
…3.1.2. Upon enactment of this Act, the function of the Minister of Regional Affairs shall be established.
…3.1.3. The Delegate and the Minister of Regional Affairs shall lead and coordinate the activities of the regional ministries, departments and suborganizations of the executive branch.
…3.1.4. The Delegate retains the power to overrule any executive appointee’s decisions.

…3.2. The Eastern Pacific Police Service.

…3.2.1. The Eastern Pacific Police Service (EPPS) is hereby established, and its powers and responsibilities are hereby defined as:
(a) Protecting The East Pacific’s regional sovereignty.
(b) Conducting domestic and international intelligence operations.
(c) Collaborating with the Eastern Pacific Sovereign Army on regional defense and intelligence operations.
(d) Acting as Compliance Officers as outlined in The Endorsement Cap Act.

…3.2.2. Command.

…3.2.2.1. The Eastern Pacific Police Service shall be overseen by the Viziers. Viziers shall elect among themselves a Commissioner to assume command of the EPPS.
…3.2.2.2. The Commissioner shall oversee and be responsible for all activities of the EPPS.
…3.2.2.3. The Commissioner may not serve concurrently as an Arbiter, the Delegate, the Provost, or any Deputies of such, as prescribed in Clause 1.7 of this Act.

…3.2.3. Structure.

…3.2.3.1. The Commissioner may utilize any organizational structure which allows the EPPS to achieve the responsibilities in Section 4.2.1, and does not violate the Concordat or the laws of The East Pacific.
…3.2.3.2. Criteria for accepting and removing non-Vizier EPPS members are to be outlined by the Commissioner. All Viziers are automatically EPPS members for as long as they are Viziers.
…3.2.3.3. Members of EPPS are to be named and maintained in an in-game Dispatch by the Commissioner.

…3.2.4. Investigations.

…3.2.4.1. The Viziers shall, as the primary in-game investigative service for The East Pacific, adhere to these restrictions:
(a) Properly investigate and procure any evidence of wrongdoing, and present sources in confidentiality when possible.
(b) Protect witnesses that have no direct connection to the aforementioned wrongdoing.
(c) Maintain confidentiality if all parties agree to such provisions.
(d) Present all finalized investigative reports generated by the EPPS to the Conclave by the Commissioner for further review.

…3.3. Education.

…3.3.1. The Delegate, or any executive appointee for that purpose by the Delegate, is assigned the duties of administrating the University.
…3.3.2. The Delegate, or any such appointee, shall be able to organize The East Pacific University as they see fit.
…3.3.3. Teachings, writings, or any other form of publication related to or posted in The East Pacific University will be protected by free speech.
…3.3.4. The East Pacific University will administer the Bachtendekuppen Memorial Library.

SECTION IV. REPEALS

…4.1. Upon enactment of this bill via due process of law, the Curia Act shall be repealed.

— End quote

This amendment will effectively replace / essentially repeal the “Curia Act”, which reads as follows:

— Begin quote from ____

WHEREAS the Citizens of the region of the East Pacific, by its Concordat, have invested all executive authority in to the Delegate, as executor of the Concordat and all subsequent laws;

WHEREAS the Delegate may appoint Ministers to perform any of the duties of the Delegate;

WHEREAS the region of the East Pacific is a large, game-created region in need of an efficient and flexible executive branch;

WHEREAS the Delegate must be able and free to organize the executive in a flexible matter;

WHEREAS the executive branch and the The East Pacific benefit from a clear basic executive structure to ensure continuity and efficiency, enabling the Delegate in leading an efficient executive branch;

WHEREAS foreign affairs, internal affairs and military affairs form the essence of the executive tasks.

NOW THEREFORE, the Magisterium enacts as follows:

I. General Provisions - The Curia.

…1.1. This law may be cited as the Curia Act.
…1.2. Upon enactment of this Curia Act, the Curia is established. The Curia consists of the Delegate, the Regional Affairs Minister, the Overseeing Officer of EPSA, and the Foreign Affairs Minister.
…1.3. The Delegate can appoint any advisers to the Curia.
…1.4. The Curia shall be lead by the Delegate and coordinate the efforts of the executive.
…1.5. The Delegate, and any executive appointee thereto, shall be able to organize such executive ministries, departments and organizations as they see fit, notwithstanding the provisions of this Act.
…1.6. The Delegate retains the power to overrule any executive appointee’s decisions.
…1.7. The Regional Affairs Minister, the Overseeing Officer of EPSA, and the Foreign Affairs Minister can be removed by a two-thirds majority vote of the Magisterium for inactivity, high crimes, treason, or inability to perform his/her duties.
…1.8. For the purpose of this Act, “deputies” include Deputy Provost and any appointed person(s) who assumes the specific legal duties of Delegate during their absence.

II. Foreign Affairs.

…2.1. The Ministry of Foreign Affairs shall maintain relations with important regions at the Delegate’s instructions and advise the Delegate on all Foreign Affairs matters.
…2.2. The Delegate, the Foreign Affairs Minister and any other executive appointee for that purpose by the Delegate, are assigned the duties of administrating the Foreign Affairs Ministry.
…2.3. The authority to grant in-game embassies shall be at the discretion of the Delegate, or any executive appointee for that purpose by the Delegate.
…2.4. The authority to approve or deny requests for embassies on the East Pacific forums shall be at the discretion of the Delegate, or any executive appointee for that purpose by the Delegate.

III. The Eastern Pacific Sovereign Army.

…3.1. The Eastern Pacific Sovereign Army (EPSA), as this army is to be named, is permitted to execute defensive and/or offensive operations when at least one of the following conditions applies:
Condition I: The operation, sanctioned by the Delegate, safeguards and strengthens The East Pacific’s interests abroad and is not in breach of any legal obligations or treaties.
Condition II: It is mobilizing to secure the position of the Delegate or a designated second-in-command in The East Pacific or an allied region.
Condition III: The region in which the EPSA is mobilizing is occupied by or is being entered by a force with which The East Pacific is at war.
Condition IV: Those in control of the region in which the EPSA is mobilizing have permitted the EPSA to mobilize within their region.
Condition V: The region in which the EPSA is mobilizing is a warzone.
Condition VI : The operation prevents the region from being invaded or restores the original tags of a region after an earlier invasion, and is being held by EPSA for less than one update.

…3.2.Griefing Prohibition.

…3.2.1. It is forbidden for the Eastern Pacific Sovereign Army to grief any region.
…3.2.2. “Griefing” shall be defined as intentional acts to destroy a region and its community by irreversible or hardly reversible actions such as, but not necessarily limited to: bans or ejections of native Nations, passwording a region, or refounding a region.
…3.2.3. The griefing prohibition set out herein shall not apply to regions displaying nazism, fascism or other such ideologies, regions with a history of griefing other regions, regions at war with The East Pacific or an ally of it, regions, that have or attempted to overthrow legitimate government of The East Pacific or damage its community, Warzones which do not hold official relations with the East Pacific, or regions being liberated from raider control.

…3.3. Organization.

…3.3.1. The highest rank in the Eastern Pacific Sovereign Army will be reserved for the Delegate, who will choose his/her own title. The Delegate will nominate a member to be the overseeing officer of the EPSA, title chosen by the appointee. The overseeing officer shall be the second in command at all times.
…3.3.2. Officers will be appointed by the overseeing officer and confirmed by the Delegate. They shall lead the specific missions.
…3.3.3.The overseeing officer shall be responsible for enlisting new members of the Eastern Pacific Sovereign Army. The Delegate can always veto new enlistments.

…3.4. Officers must establish an official emblem for the Eastern Pacific Sovereign Army which, should the Army occupy a hostile region or a warzone, will be used to replace/establish the occupied region’s flag.

…3.5. To hold rank in the Eastern Pacific Sovereign Army, a nation must be a citizen of The East Pacific and pledge not to participate in any other military organizations. If a nation cannot meet these obligations, they can not hold rank in the East Pacific Sovereign Army. The Delegate reserves the right to veto any non citizen member nomination.

…3.6. No member of the Eastern Pacific Sovereign Army will actively participate in foreign missions while participating in a mission with the EPSA, without first seeking permission from a commanding officer. Any member found doing so may be punished at the discretion of the Delegate or overseeing officer.

…3.7. If members of the Eastern Pacific Sovereign Army are found to be incapable of conducting themselves appropriately within the Army, they are subject to demotion, suspension, and/or expulsion from the Army by the Delegate or the overseeing officer.

…3.8. Positions held within the Eastern Pacific Sovereign Army will not conflict with any positions held within The East Pacific’s government, and involvement in the Eastern Pacific Sovereign Army will not bar its members from participation in other regions and organizations (excluding the participation described in sections …3.5 and …3.6 and unless by law of these foreign regions and organizations).

…3.9. Citizens of The East Pacific will not lose their Citizenship if their nation leaves The East Pacific on the orders of the EPSA.

…3.10. Members of the EPSA will swear to uphold the traditions and honor of The East Pacific.

IV. Regional Affairs.

…4.1. Regional Affairs - General Provisions.

…4.1.1.The Delegate, notwithstanding the provisions of this Act, shall be able to organize all regional ministries, departments and suborganizations of the executive branch as they see fit.
…4.1.2. Upon enactment of this Act, the function of the Minister of Regional Affairs shall be established.
…4.1.3. The Delegate and the Minister of Regional Affairs shall lead and coordinate the activities of the regional ministries, departments and suborganizations of the executive branch.
…4.1.4. The Delegate retains the power to overrule any executive appointee’s decisions.

…4.2. Eastern Pacific Police Service.

…4.2.1. The Eastern Pacific Police Service (EPPS) is hereby established, and its powers and responsibilities are hereby defined as:
(a) Protecting The East Pacific’s regional sovereignty.
(b) Conducting domestic and international intelligence operations.
(c) Collaborating with the Eastern Pacific Sovereign Army on regional defense and intelligence operations.
(d) Acting as Compliance Officers as outlined in The Endorsement Cap Act.

…4.2.2. Command.
…4.2.2.1- The Eastern Pacific Police Service shall be overseen by the Viziers. Viziers shall elect among themselves a Commissioner to assume command of the EPPS.
…4.2.2.2- The Commissioner shall oversee and be responsible for all activities of the EPPS.
…4.2.2.3- The Commissioner may not serve concurrently as an Arbiter, the Delegate, the Provost, or any deputies of such that extend the authority of said positions as prescribed in Section 1.8.

…4.2.3. Structure
…4.2.3.1- The Commissioner may utilize any organizational structure which allows the EPPS to achieve the responsibilities in Section 4.2.1, and does not violate the Concordat or the laws of The East Pacific.
…4.2.3.2- Criteria for accepting and removing non-Vizier EPPS members are to be outlined by the Commissioner. All Viziers are automatically EPPS members for as long as they are Viziers.
…4.2.3.3 Members of EPPS are to be named and maintained in an in-game Dispatch by the Commissioner.

…4.2.4. Investigations.
…4.2.4.1.- The Viziers shall, as the primary in-game investigative service for The East Pacific, adhere to these restrictions:
(a) Properly investigate and procure any evidence of wrongdoing, and present sources in confidentiality when possible.
(b) Protect witnesses that have no direct connection to the aforementioned wrongdoing.
(c) Maintain confidentiality if all parties agree to such provisions.
(d) Present all finalized investigative reports generated by the EPPS to the Conclave by the Commissioner for further review.

…4.3. Education.

…4.3.1The Delegate, or any executive appointee for that purpose by the Delegate, is assigned the duties of administrating the University.
…4.3.2The Delegate, or any such appointee, shall be able to organize The East Pacific University as they see fit.
…4.3.3Teachings, writings, or any other form of publication related to or posted in The East Pacific University will be protected by free speech as outlined in Artice F, Section 1) of the Concordat.
…4.3.4The East Pacific University will administer the Bachtendekuppen Memorial Library.

V. Repeals and Enactment.

…5.1. This bill repeals the Eastern Pacific Sovereign Army Act, the Eastern Pacific Police Service Act, the Embassy Act, and the Fourth Education Act.
…5.2. This bill shall come into effect upon its signature by the Delegate or upon a Magisterium vote to override the Delegate’s veto of this bill.

— End quote

This bill requires a normal majority to pass.


Voting begins on 2nd February 2021 at 17:30 UTC and will last a period of 168 hours. It will end on 9th February 2021, 17:30 UTC.

Voting Choices:

  1. Vote AYE or FOR if you are in favor.
  2. Vote NAY or AGAINST if you are against.
  3. Vote ABSTAIN or PRESENT if you cannot make a decision in good conscience.

It is required that you supply your nation residing in the East Pacific and your World Assembly status, if applicable. If you are currently an active member of EPSA then you are exempt from this rule.


Active Magisters (24):
AC5230 [Deputy Provost]
Acronis
Aggie
Algerstonia
A mean old man
Bachtendekuppen
Brotherlandprez1 [Deputy Provost]
Catiania
Dabeez
Dylan [Provost]
GioSivo
Gorundu
Heaveria
Mangegneithe
McStooley
Nociav
Philville2 [Deputy Provost]
Sammy23 [Deputy Provost]
SirShadow
Sokala
TechTag
the python
Vamperiall
vw53a

Suspended Magisters (3):
Sycona [began 18th November 2020]
Meagharia [began 24th January 2021]
Oofery [began 24th January 2021]

Scheduled LOA or LOD (2):
Halleyscomet08 [began 25th January 2021]
Tuva [began 24th September 2020]

[TEPWA - ARENAC]
aye

Dylan (WA/TEP Staynes) votes FOR.

Aivintis (TEPWA) votes FOR, of course

SirShadow (TEP/WA: Eastern Alksearia) votes AYE

Bachtendekuppen (TEP/WA) votes AYE.

GioSivo (TEP/WA Pledonia) votes FOR

Vamperion (TEP) Dingoy (WA) votes AYE

TEP: Catiania
WA: EPSA

AYE

VW53ALand (TEP/WA) votes

PRESENT

Sokala (TEP/WA) votes FOR

Brotherlandprez1 (WA/TEP: Brotherland) votes FOR.

TEP/WA = Technocratic Tagalog

F o r

TEP/WA Dragons Blood

Aye

Nociav (TEP) votes:

For

philville2 (TEP/WA or EPSA) votes present

Aga (TEP: eunopiar/WA: Kalmiria) votes FOR

Sent from my moto g(7) using Tapatalk

This vote closed on 9th February 2021, 17:30 UTC.

Quorum was reached with 16 out of 22 (73%) eligible Magisters voting. 15 voted FOR and 1 ABSTAINED.  Acronis resigned and The Python was removed during the voting period reducing the eligible Magisters from 24.

This bill PASSES.

Eligible Magisters not voting (6):

  • Algerstonia
  • A mean old man
  • Gorundu
  • Heaveria
    - Dabeez
    - Sammy23

Suspended Magisters (1):

  • Sycona

Magisters on LOA/LOD (1):

  • Tuva