[PROPOSAL/AMENDMENT] Conclave Omnibus

[Zukchiva]

BE IT ENACTED BY THE MAGISTERIUM OF THE EAST PACIFIC

SECTION I. CITATION & DEFINITIONS

1. This Act shall be known and cited as “The Conclave Act”.

2. An Order shall be defined as any binding statement by the Conclave to compel any individual or institution to complete a legal action with an explicitly stated indictable penalty for failing to execute said action.

3. A verdict shall be defined as any binding and final ruling by the Conclave on a matter of trial or legislation interpretation. Verdicts shall not be considered Orders.

SECTION II. GENERAL CONCLAVE PROCEDURE

1. The Conclave shall apply statutory law over precedent.

2. The Conclave shall be able to recognize and consider convictions or similar decisions by other regions in its decisions.

3. The Conclave can consider any verifiable evidence presented.

4. The Conclave may not apply a law to any situation that occurred before the law was passed, excluding exceptions stated within the Concordat.

5. By default, Conclave verdicts and Orders shall be enforced against all nations currently and hereafter owned by the affected Citizen (not just the nation name used to reference the Citizen), unless the Conclave explicitly states otherwise within a verdict or Order.

6. Should a Citizen who is on trial present an in-game security risk during their trial, the Conclave may release an Order to Ban.

   1. Said ban cannot be utilized as verifiable evidence nor play a role in Conclave decision making, and it can only be executed once trial procedures have begun.

   2. Such a ban shall not forfeit a Citizen’s rights as a Citizen and, if applicable, as a Registered Voter.

SECTION III. ORDERS

1. The Conclave may only implement the following kinds of Orders, as labelled alphabetically:

(a) "Cease and Desist" - Wherein an individual or government entity commits an action beyond the scope of their legal powers, the Conclave may direct said individual or entity to cease their act (and reverse said act, if applicable).

(b) “Contempt of Court” - Wherein an individual has proven disruptive to Conclave proceedings at least two separate times, the Conclave may formally direct said individual to cease their behavior.

(c) “Duty to Enforce” - Wherein an individual or government entity fails to perform an action mandated by law, the Conclave may direct said individual or entity to complete said duty.

(d) “Order to Ban” - Wherein a Citizen currently on trial presents an in-game security risk, the Conclave may order the Delegate or Praesidium to ban said Citizen solely for the duration of the trial.

2. Conclave Orders may only be implemented, amended, or reversed following a ⅔ vote of Arbiters.

   1. A reversal of an Order shall result in the nullification of any sentence the Conclave granted in trial for violations of said Order.

   2. The Conclave may, by the same vote majority, nullify or lessen any sentence granted in trial for Order violation at any point in time after the trial itself concludes. Sentences cannot be extended or renewed.

   3. Changes to the indictable penalty of an Order during or after a trial dealing with a violation of said Order shall not affect the sentence given in said trial, if one is given.

3. The following may be the only kinds of indictable penalties handed out by a Cease and Desist Order, Duty to Enforce Order, and an Order to Ban, as labelled alphabetically:

(a) Removal from a government position, but only if the relevant Order concerns actions in such a position.

(b) Prohibition from serving in a specific government position, but only if the relevant Order concerns actions in such a position. Such a prohibition shall last for up to a maximum of one year.

4. The indictable penalty of a Contempt of Court Order shall be a maximum sentence of a six month ban from the Conclave subforums. This shall not limit the ability of such an individual to motion a matter before the Conclave via counsel, as guaranteed by the Concordat.

5. Anyone found to be violating a Conclave Order shall be committing an indictable offense and shall receive a sentence in-line with the indictable penalty of the Order they violated.

SECTION IV. ADDENUM

1. The Conclave reserves the power to remove a Vizier or Magister following Concordat and Standing Orders of the Conclave procedures.

2. The relevant government authorities must execute a Conclave verdict even though Conclave verdicts are not considered Orders.

messed up BBC code from tt (ignore)

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BE IT ENACTED BY THE MAGISTERIUM OF THE EAST PACIFIC

1. The following Act shall be enacted:

2. Section IV. of the Criminal Code shall be struck null and void, and the following Sections and Clauses shall be renumbered as appropriate.

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BE IT ENACTED BY THE MAGISTERIUM

1. The Concordat shall be amended as follows:

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I’m BACK. This time with the next thing in my eyes - making some changes to the Conclave.

Here’s what’s new.

1. A new Act is made to limit the Orders the Conclave can execute (as defined in Article B.5, last sentence).

2. The Conclave Procedure part of the Criminal Code - The East Pacific - Tapatalk
   has been moved to this new Act.

3. The Magisterium can now remove Arbiters.

4. Allowing the law to limit what Orders the Conclave can execute (otherwise this shiny new act would be unconstitutional).

5. Conclave can now legally ban people who are endorsement troubles (like we did w/ Fedele)

6. Conclave can now legally suspend someone who is on trial and holds government office. It doesn’t make a lot of sense to me that we would allow someone to operate as a government official during trial.

Ultimately, just some stuff to limit the Conclave’s power, and otherwise legalize powers it should already have.

As always, suggestions/comments/concerns apprecidooted.

The Magisterium amendment will be fixed once my other amendment to Article B is dealt with.

[Zukchiva]

Fixed some typos per feedback and my own go-through.

[Mangegneithe]

dereliction > abandonment

[Zukchiva]

should be fixed

[Zukchiva]

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Article B: Legislative

…

Section X) The Magisterium may remove an Arbiter by a ⅔ majority for abuse of power, inactivity, or dereliction of duty.

…

Article C: Judicial

…

Section 5) The Conclave may rule on the actions of the Delegate or the Praesidium and nullify any which are contrary to this Concordat or statutory law. Furthermore, the Conclave may nullify any law passed by the Magisterium that is contrary to this Concordat. The Conclave is empowered to compel a legally required action by Order with an any indictable penalty, as limited by law.

Section 6) The Conclave may rule on the actions of any Citizen to be in violation of this Concordat or of the indicted offences as prescribed by the laws of the Region and sentence those found guilty pursuant to statutory limits. Trials in the Conclave shall be in open session.

Section 7) The Conclave may remove a Vizier or Magister by a 2/3 vote for abuse of power, inactivity, or dereliction of duty. decision or a Magister by majority decision, for absence or high crimes.

Section 8) The Conclave may, via a 2/3 vote, temporarily suspend any government official who is being tried for an indictable offense from exercising some or all of their governmental powers during trial. This temporary suspension shall be lifted at the end of said trial or lifted early by a 2/3 vote of the Conclave.

Section 9) Any Arbiter with substantial prior involvement with a matter that goes to trial must recuse themselves from said trial. If necessary, an Arbiter may be forcefully recused with the support of all other non-recused Arbiters. Recused Arbiters may not perform Arbiter duties for any matter directly related to said trial.

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**Article B: Legislative**

…

Section X) The Magisterium may remove an Arbiter by a ⅔ majority for abuse of power, inactivity, or dereliction of duty.

...

**Article C: Judicial**

…

Section 5) The Conclave may rule on the actions of the Delegate or the Praesidium and nullify any which are contrary to this Concordat or statutory law. Furthermore, the Conclave may nullify any law passed by the Magisterium that is contrary to this Concordat. The Conclave is empowered to compel a legally required action by Order with an [s]any [/s]indictable penalty, as limited by law.

Section 6) The Conclave may rule on the actions of any Citizen to be in violation of this Concordat or of the indicted offences as prescribed by the laws of the Region and sentence those found guilty pursuant to statutory limits. Trials in the Conclave shall be in open session.

Section 7) The Conclave may remove a Vizier or Magister by a 2/3 vote for abuse of power, inactivity, or dereliction of duty. [s]decision or a Magister by majority decision, for absence or high crimes.[/s]

Section 8) The Conclave may, via a 2/3 vote, temporarily suspend any government official who is being tried for an indictable offense from exercising some or all of their governmental powers during trial. This temporary suspension shall be lifted at the end of said trial or lifted early by a 2/3 vote of the Conclave. 

Section 9) Any Arbiter with substantial prior involvement with a matter that goes to trial must recuse themselves from said trial. If necessary, an Arbiter may be forcefully recused with the support of all other non-recused Arbiters. Recused Arbiters may not perform Arbiter duties for any matter directly related to said trial. 


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I motion this to vote.

[Romanoddle]

Seconded

[CyberiumShadow]

Acknowledged, vote here

[Sammy23]

In the Vizier position, inactivity is generally a good sign that there’s no active threats to the region’s security. I don’t think a removal for inactivity is beneficial to the region, unless it’s referred to CTEing Viziers or that at least there is evidence of a harmful inactivity

[Zukchiva]

https://www.tapatalk.com/groups/the_east_pacific/t/proposal-amendment-conclave-omnibus/15429/8?u=emjay

To be fair, the Conclave can already remove a Vizier automatically without need for an Order per the Concordat so I think your point is moot as the Conclave can do that anyways as of right now. The only thing this Act does is allow the Conclave to kindly ask a Vizier to clean up their act or then the Conclave will actually remove them, versus removing them automatically without any official warning (which is what the Concordat allows for if the Conclave uses its direct powers).

To be clear, the powers are two seperate things - the Conclave still reserves its power to automatically remove Viziers per the Concordat. But this Act gives the Conclave the option to be more lenient by using an Order instead, which I think is beneficial because I do agree inactive Viziers aren’t nessecarily a great harm and may not warrant removal.

[Zukchiva]

I motion to a vote a fourth time!

[CyberiumShadow]

Seconded and Acknowledged.

Vote here