Executive Reform Bill

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To pick up where the previous topic left off...

Grimalkin and I came up with draft language, and I would like to move forward with it. (I was reminded of this project after running into some oddities in the current legal code.)

This is not yet a formal bill, but below is draft legal language for a revised Chapter 7:
Chapter 7: Executive Government:
Chapter 7: Executive Government

1. Any Law regulating the executive government officials of The North Pacific may be listed in this chapter.

Section 7.1: Definitions
2. Executive Officers are government officials appointed by the Delegate to assist in the execution of their duties.
3. The Serving Delegate is the person holding the constitutionally-mandated elected office of the Delegate or, in the case of a vacancy in that office, the person that has assumed the duties of that office.
4. The WA Delegate is the nation holding the WA Delegacy of the region The North Pacific.

Section 7.2: Regional Officers
5. Regional Officers may only be appointed and granted powers as explicitly allowed under this section.
6. The Serving Delegate may assign any Regional Power, with the exception of Border Control, to any Executive Officer.
7. The Serving Delegate may assign Border Control powers to any of the three members of the Security Council earliest in the Order of Succession.
8. In the event of a Delegate Emergency or with the permission of a majority vote of the Regional Assembly, the Delegate may assign Border Control powers to any members of the Security Council.
9. The WA Delegate will promptly grant all Regional Powers to the Serving Delegate and assigned powers to the respective Executive Officers or Security Council members.

Section 7.3: Onsite Authority
10. Violators of NationStates rules may be subject to summary ejection or banning.
11. Nations recruiting for other regions may be subject to summary ejection or banning.
12. Nations for which the Court has issued an indictment permitting it may be ejected or banned.
13. Nations that have been so sentenced by the Court will be ejected or banned.
14. The official performing an ejection or ban will promptly inform the region and Government.
15. The Serving Delegate may regulate the Regional Message Board as they see fit.
16. Such regulations may not prohibit speech which is in the context of TNP politics.
17. All actions of the WA Delegate, the Serving Delegate, or of their appointed Regional Officers related to this section will be subject to judicial review.

Section 7.4: The Attorney General
18. Any deputy appointed by the Attorney General may not serve concurrently as either a Justice or a Temporary Hearing Officer.
19. The Attorney General will have standing in all cases of judicial review brought before the Court.
20. Any person ("the complainant") may submit a criminal complaint to the office of the Attorney General, requesting that a criminal case be brought before the Court.
21. The Attorney General may, at their discretion, manage the prosecution of any criminal case requested.
22. Any relevant person who is a defendant, the defense attorney, or a witness in a criminal case will be unavailable to manage the prosecution of the case.
23. In the event that the Attorney General is unavailable, the Serving Delegate will appoint an existing and available deputy Attorney General. The appointed deputy Attorney General may, at their discretion, manage the prosecution of the case.
24. Failing the existence of an available deputy Attorney General, the first available person from the following list may act as such a deputy Attorney General for the duration of the case:
  • The Serving Delegate
  • The Serving Vice Delegate
  • Any resident (consensually) chosen by the complainant.
25. It is the duty of the Attorney General, and their deputies, to see to completion any case the management of which they have undertaken.
26. If the original Attorney General, and their deputies, are unable to see to completion a pending case after the end of their term, the successor Attorney General will take over the managing of the prosecution.
27. If the Attorney General, and their deputies, decline to manage the prosecution of a requested criminal case, then the complainant may, at their discretion, manage themselves the prosecution of the criminal case. Otherwise, they may withdraw the complaint.
28. If the complainant has not stated their intent to either manage the prosecution of the case or withdraw the complaint within 30 days of the Attorney General and their deputies declining the case, the complaint will be considered withdrawn.
29. For the purposes of this section, "managing the prosecution of a case" includes but is not limited to:
  • submitting an indictment to the Court for the relevant charges;
  • arguing on the acceptance or rejection of the indictment;
  • acting as the prosecutor for the duration of all stages of the criminal trial heard for the case;
  • representing the prosecution in any separate judicial review hearings arising from the criminal trial;
  • and appointing, directing, and removing an attorney to act in the above capacity in their place.

Section 7.5: Freedom of Information Act
30. For the purposes of this section “the government” refers to the Delegate and the Executive Officers, including the departments which they oversee.
31. For the purposes of this section, classified information is that which fits any of the below definitions:
  • Real life information about any NationStates player from which there is a risk of inferring that player's real life identity and which has not willingly been disclosed to the public, including, but not limited to, an individual's name, IP address, physical address or location, phone number, place of employment or education, appearance, social media accounts, and other knowledge about a player, unless the player in question provides explicit consent for this information not to be considered private.
  • Real life information about any NationStates player for which there exists a reasonable real life expectation of privacy or discretion, including, but not limited to, health status, both mental and physical; financial status; personal tragedies; changes in personal status such as marriage, divorce, pregnancy, birth, or death; and other similar information, unless the player in question provides explicit consent for this information not to be considered private.
  • Information that, upon being made public, would jeopardize any ongoing military or intelligence operations; or jeopardize the security of units and agents participating in them, or be harmful to the diplomatic interests, military interests, or security of The North Pacific.
32. Notwithstanding any process for publication, any information which meets the criteria to be classified will not be released.
33. Private government records which reach one year of age will be relocated to the appropriate Declassified Archive visible to residents.
34. At any time a resident may request the release of any private record from the Government through the Delegate and the designated officers of the Executive.
35. The Delegate and the designated officers of the Executive will retrieve information requested from the different departments of the government.
36. Residents who do not receive this information for any reason not specifically designated in appropriate laws or regulations may file a request for the information to the court, where the Delegate and the designated officers of the Executive may present evidence that addresses any claim that release of the information meets one or more of the acceptable acceptable criteria for classification.
37. Information appropriately not disclosed will be accepted as classified by a majority vote of the Court sitting as a three-member panel.

Section 7.6: Mandatory Ministries
38. There will be an Executive Officer charged with the North Pacific's foreign affairs. They will ensure the continued operation of any embassies of the North Pacific and will report on events in the region.
39. There will be an Executive Officer charged with military affairs. They will carry out such legal missions as are authorized by the Delegate, expressly or categorically.
40. There will be at least one Executive Officer charged with focusing primarily on matters of internal interest to The North Pacific.

There are several changes:

1. A new definitions section for clarity.
2. Regulation of Regional Officers in line with the earlier discussion.
3. Regulation of ejection and banning brought in line with the above, and regulation of the RMB expanded in line with the earlier discussion.
4. Reformatting of several areas with lists to use letter-numbered sub-clauses.
5. Changing "before" to "after" in "If the original Attorney General, and their deputies, are unable to see to completion a pending case after the end of their term, the successor Attorney General will take over the managing of the prosecution." so as not to contradict "It is the duty of the Attorney General, and their deputies, to see to completion any case the management of which they have undertaken." (NB: This was not part of the draft Grimalkin and I worked on, but added in today immediately prior to posting).
6. Rewriting of the FoIA for added clarity and adding a requirement that private records which do not need to remain secret must be released once a year old. (Similar to the Court Rules on publication of old private deliberations).
7. An additional mandatory ministry for regional activity. (I'm unsure of this change).
8. Elimination of elections to mandatory ministries if they remain vacant for over a week. (I'm very unsure of this change).
9. Elimination of the section regarding WA voting which has no effect.

Comments, concerns, questions, criticisms, praise?
 
Current Law[c]Proposed Law[c] Chapter 7: Executive Government

1. Any Law regulating the executive officers of The North Pacific may be listed in this chapter.[c] Chapter 7: Executive Government

1. Any Law regulating the executive government officials of The North Pacific may be listed in this chapter.[c][c] Section 7.1: Definitions
2. Executive Officers are government officials appointed by the Delegate to assist in the execution of their duties.
3. The Serving Delegate is the person holding the constitutionally-mandated elected office of the Delegate or, in the case of a vacancy in that office, the person that has assumed the duties of that office.
4. The WA Delegate is the nation holding the WA Delegacy of the region The North Pacific.

Section 7.2: Regional Officers
5. Regional Officers may only be appointed and granted powers as explicitly allowed under this section.
6. The Serving Delegate may assign any Regional Power, with the exception of Border Control, to any Executive Officer.
7. The Serving Delegate may assign Border Control powers to any of the three members of the Security Council earliest in the Order of Succession.
8. In the event of a Delegate Emergency or with the permission of a majority vote of the Regional Assembly, the Delegate may assign Border Control powers to any members of the Security Council.
9. The WA Delegate will promptly grant all Regional Powers to the Serving Delegate and assigned powers to the respective Executive Officers or Security Council members.
[c] Section 7.1: Ejections and Bannings
2. The Delegate may eject or ban violators of NationStates rules.
3. The Delegate may eject or ban nations for which the Court has issued an indictment permitting it.
4. The Delegate will eject or ban nations that have been so sentenced by the Court.
5. The Delegate will promptly inform the region and Government of all ejections and bannings.[c] Section 7.3: Onsite Authority
10. Violators of NationStates rules may be subject to summary ejection or banning.
11. Nations recruiting for other regions may be subject to summary ejection or banning.
12. Nations for which the Court has issued an indictment permitting it may be ejected or banned.
13. Nations that have been so sentenced by the Court will be ejected or banned.
14. The official performing an ejection or ban will promptly inform the region and Government.
15. The Serving Delegate may regulate the Regional Message Board as they see fit.
16. Such regulations may not prohibit speech which is in the context of TNP politics.
17. All actions of the WA Delegate, the Serving Delegate, or of their appointed Regional Officers related to this section will be subject to judicial review.
[c] Section 7.2: The Attorney General 6. The election for the office of Attorney General shall be held during the Judicial Cycle.
7. Any deputy appointed by the Attorney General may not serve concurrently as either a Justice or a Temporary Hearing Officer.
8. The Attorney General shall have standing in all cases of judicial review brought before the Court.
9. Any person ("the complainant") may submit a criminal complaint to the office of the Attorney General, requesting that a criminal case be brought before the Court.
10. The Attorney General may, at their discretion, manage the prosecution of any criminal case requested.
11. In the event that the Attorney General is a defendant, the defence attorney, or a witness in a criminal case, the Delegate shall appoint an existing deputy Attorney General who is not similarly party to that case. The appointed deputy Attorney General may, at their discretion, manage the prosecution of the case.
12. Failing the existence of a deputy Attorney General who is able to manage the prosecution of a case, the Delegate may act as such a deputy Attorney General for the duration of the case. If the Delegate is a defendant, the defence attorney, or a witness in the case, then the Vice Delegate may act as such a deputy Attorney General for the duration of the case.
13. It is the duty of the Attorney General, and their deputies, to see to completion of any case the management of which they have undertaken.
14. If the original Attorney General, and their deputies, are unable to see to completion a pending case before the end of their term, the successor Attorney General will take over the managing of the prosecution.
15. If the Attorney General, and their deputies, decline to manage the prosecution of a requested criminal case, then the complainant may, at their discretion, manage themselves the prosecution of the criminal case. Otherwise, they may withdraw the complaint.
16. If the complainant has not stated their intent to either manage the prosecution of the case or withdraw the complaint within 30 days of the Attorney General and their deputies declining the case, the complaint will be considered withdrawn.
17. For the purposes of this section, "managing the prosecution of a case" includes but is not limited to: submitting an indictment to the Court for the relevant charges; arguing on the acceptance or rejection of the indictment; acting as the prosecutor for the duration of all stages of the criminal trial heard for the case; representing the prosecution in any separate judicial review hearings arising from the criminal trial; and appointing, directing, and removing an attorney to act in the above capacity in their place.[c] Section 7.4: The Attorney General
18. Any deputy appointed by the Attorney General may not serve concurrently as either a Justice or a Temporary Hearing Officer.
19. The Attorney General will have standing in all cases of judicial review brought before the Court.
20. Any person ("the complainant") may submit a criminal complaint to the office of the Attorney General, requesting that a criminal case be brought before the Court.
21. The Attorney General may, at their discretion, manage the prosecution of any criminal case requested.
22. Any relevant person who is a defendant, the defense attorney, or a witness in a criminal case will be unavailable to manage the prosecution of the case.
23. In the event that the Attorney General is unavailable, the Serving Delegate will appoint an existing and available deputy Attorney General. The appointed deputy Attorney General may, at their discretion, manage the prosecution of the case.
24. Failing the existence of an available deputy Attorney General, the first available person from the following list may act as such a deputy Attorney General for the duration of the case:
  • The Serving Delegate
  • The Serving Vice Delegate
  • Any resident (consensually) chosen by the complainant.
25. It is the duty of the Attorney General, and their deputies, to see to completion any case the management of which they have undertaken.
26. If the original Attorney General, and their deputies, are unable to see to completion a pending case after the end of their term, the successor Attorney General will take over the managing of the prosecution.
27. If the Attorney General, and their deputies, decline to manage the prosecution of a requested criminal case, then the complainant may, at their discretion, manage themselves the prosecution of the criminal case. Otherwise, they may withdraw the complaint.
28. If the complainant has not stated their intent to either manage the prosecution of the case or withdraw the complaint within 30 days of the Attorney General and their deputies declining the case, the complaint will be considered withdrawn.
29. For the purposes of this section, "managing the prosecution of a case" includes but is not limited to:
  • submitting an indictment to the Court for the relevant charges;
  • arguing on the acceptance or rejection of the indictment;
  • acting as the prosecutor for the duration of all stages of the criminal trial heard for the case;
  • representing the prosecution in any separate judicial review hearings arising from the criminal trial;
  • and appointing, directing, and removing an attorney to act in the above capacity in their place.
[c] Section 7.3: Freedom of Information Act
18. The Delegate and appointed government officials will be delegated the task of informing the Assembly of any governmental action not already disclosed by the respective officers of the Executive.
19. All registered residents residing in The North Pacific may request information from the Government through the Delegate and the designated officers of the Executive.
20. The Delegate and the designated officers of the Executive will endeavour to retrieve information requested from the different departments of the government, who are obligated to release this information provided it will not and/or does not present a threat to regional security or unduly impinge on the privacy of private residents, and
21. Residents which do not receive this information for any reason not specifically designated in appropriate laws or regulations may file a request for the information in a regional court, where the Delegate and the designated officers of the Executive may present evidence that addresses any claim that release of the information impairs Regional security.
22. Information not disclosed because of issues pertaining to Regional security will be classified by the majority vote of the Court sitting as a three-member panel.
23. Information whose disclosure is deemed a security threat to the Region will be released by the affirmative vote of a majority of a three-member panel of the Court, no sooner than 2 months after the original request, once the threat no longer exists.
[c] Section 7.5: Freedom of Information Act 30. For the purposes of this section “the government” refers to the Delegate and the Executive Officers, including the departments which they oversee.
31. For the purposes of this section, classified information is that which fits any of the below definitions:
  • Real life information about any NationStates player from which there is a risk of inferring that player's real life identity and which has not willingly been disclosed to the public, including, but not limited to, an individual's name, IP address, physical address or location, phone number, place of employment or education, appearance, social media accounts, and other knowledge about a player, unless the player in question provides explicit consent for this information not to be considered private.
  • Real life information about any NationStates player for which there exists a reasonable real life expectation of privacy or discretion, including, but not limited to, health status, both mental and physical; financial status; personal tragedies; changes in personal status such as marriage, divorce, pregnancy, birth, or death; and other similar information, unless the player in question provides explicit consent for this information not to be considered private.
  • Information that, upon being made public, would jeopardize any ongoing military or intelligence operations; or jeopardize the security of units and agents participating in them, or be harmful to the diplomatic interests, military interests, or security of The North Pacific.
32. Notwithstanding any process for publication, any information which meets the criteria to be classified will not be released.
33. Private government records which reach one year of age will be relocated to the appropriate Declassified Archive visible to residents.

34. At any time a resident may request the release of any private record from the Government through the Delegate and the designated officers of the Executive.
35. The Delegate and the designated officers of the Executive will retrieve information requested from the different departments of the government.
36. Residents who do not receive this information for any reason not specifically designated in appropriate laws or regulations may file a request for the information to the court, where the Delegate and the designated officers of the Executive may present evidence that addresses any claim that release of the information meets one or more of the acceptable acceptable criteria for classification.
37. Information appropriately not disclosed will be accepted as classified by a majority vote of the Court sitting as a three-member panel. [c] Section 7.4: Mandatory Ministries
24. There will be an Executive Officer charged with the North Pacific's foreign affairs. They will ensure the continued operation of any embassies of the North Pacific and will report on events in the region.
25. There will be an Executive Officer charged with military affairs. They will carry out such legal missions as are authorized by the Delegate, expressly or categorically.
26. An Executive Officer may sustain multiple roles defined by this Act.
27. The Regional Assembly may elect an Executive Officer should one of the roles defined by this act remain vacant for seven days.
[c] Section 7.6: Mandatory Ministries
38. There will be an Executive Officer charged with the North Pacific's foreign affairs. They will ensure the continued operation of any embassies of the North Pacific and will report on events in the region.
39. There will be an Executive Officer charged with military affairs. They will carry out such legal missions as are authorized by the Delegate, expressly or categorically.
40. There will be at least one Executive Officer charged with focusing primarily on matters of internal interest to The North Pacific.
[c] Section 7.5: World Assembly Voting
28. The Delegate may vote on all World Assembly (WA) resolutions as they see fit, using any method to determine their vote as they decide.
[c]
 
Chapter 7: Executive Government:
Chapter 7: Executive Government

1. Any Law regulating the executive government officials of The North Pacific may be listed in this chapter.

Section 7.1: Definitions
2. Executive Officers are government officials appointed by the Delegate to assist in the execution of their duties.
3. The Serving Delegate is the person holding the constitutionally-mandated elected office of the Delegate or, in the case of a vacancy in that office, the person that has assumed the duties of that office.
4. The WA Delegate is the nation holding the WA Delegacy of the region The North Pacific.

Section 7.2: Regional Officers
5. Regional Officers may only be appointed and granted powers as explicitly allowed under this section.
6. The Serving Delegate may assign any Regional Power, with the exception of Border Control, to any Executive Officer.
7. The Serving Delegate may assign Border Control powers to any of the three members of the Security Council earliest in the Order of Succession.
8. In the event of a Delegate Emergency or with the permission of a majority vote of the Regional Assembly, the Delegate may assign Border Control powers to any members of the Security Council.
9. The WA Delegate will promptly grant all Regional Powers to the Serving Delegate and assigned powers to the respective Executive Officers or Security Council members.

Section 7.3: Onsite Authority
10. Violators of NationStates rules may be subject to summary ejection or banning.
11. Nations recruiting for other regions may be subject to summary ejection or banning.
12. Nations for which the Court has issued an indictment permitting it may be ejected or banned.
13. Nations that have been so sentenced by the Court will be ejected or banned.
14. The official performing an ejection or ban will promptly inform the region and Government.
15. The Serving Delegate may regulate the Regional Message Board as they see fit.
16. Such regulations may not prohibit speech which is in the context of TNP politics.
17. All actions of the WA Delegate, the Serving Delegate, or of their appointed Regional Officers related to this section will be subject to judicial review.

Section 7.4: The Attorney General
18. Any deputy appointed by the Attorney General may not serve concurrently as either a Justice or a Temporary Hearing Officer.
19. The Attorney General will have standing in all cases of judicial review brought before the Court.
20. Any person ("the complainant") may submit a criminal complaint to the office of the Attorney General, requesting that a criminal case be brought before the Court.
21. The Attorney General may, at their discretion, manage the prosecution of any criminal case requested.
22. Any relevant person who is a defendant, the defense attorney, or a witness in a criminal case will be unavailable to manage the prosecution of the case.
23. In the event that the Attorney General is unavailable, the Serving Delegate will appoint an existing and available deputy Attorney General. The appointed deputy Attorney General may, at their discretion, manage the prosecution of the case.
24. Failing the existence of an available deputy Attorney General, the first available person from the following list may act as such a deputy Attorney General for the duration of the case:
  • The Serving Delegate
  • The Serving Vice Delegate
  • Any resident (consensually) chosen by the complainant.
25. It is the duty of the Attorney General, and their deputies, to see to completion any case the management of which they have undertaken.
26. If the original Attorney General, and their deputies, are unable to see to completion a pending case after the end of their term, the successor Attorney General will take over the managing of the prosecution.
27. If the Attorney General, and their deputies, decline to manage the prosecution of a requested criminal case, then the complainant may, at their discretion, manage themselves the prosecution of the criminal case. Otherwise, they may withdraw the complaint.
28. If the complainant has not stated their intent to either manage the prosecution of the case or withdraw the complaint within 30 days of the Attorney General and their deputies declining the case, the complaint will be considered withdrawn.
29. For the purposes of this section, "managing the prosecution of a case" includes but is not limited to:
  • submitting an indictment to the Court for the relevant charges;
  • arguing on the acceptance or rejection of the indictment;
  • acting as the prosecutor for the duration of all stages of the criminal trial heard for the case;
  • representing the prosecution in any separate judicial review hearings arising from the criminal trial;
  • and appointing, directing, and removing an attorney to act in the above capacity in their place.

Section 7.5: Freedom of Information Act
30. For the purposes of this section “the government” refers to the Delegate and the Executive Officers, including the departments which they oversee.
31. For the purposes of this section, classified information is that which fits any of the below definitions:
  • Real life information about any NationStates player from which there is a risk of inferring that player's real life identity and which has not willingly been disclosed to the public, including, but not limited to, an individual's name, IP address, physical address or location, phone number, place of employment or education, appearance, social media accounts, and other knowledge about a player, unless the player in question provides explicit consent for this information not to be considered private.
  • Real life information about any NationStates player for which there exists a reasonable real life expectation of privacy or discretion, including, but not limited to, health status, both mental and physical; financial status; personal tragedies; changes in personal status such as marriage, divorce, pregnancy, birth, or death; and other similar information, unless the player in question provides explicit consent for this information not to be considered private.
  • Information that, upon being made public, would jeopardize any ongoing military or intelligence operations; or jeopardize the security of units and agents participating in them, or be harmful to the diplomatic interests, military interests, or security of The North Pacific.
32. Notwithstanding any process for publication, any information which meets the criteria to be classified will not be released.
33. Private government records which reach one year of age will be relocated to the appropriate Declassified Archive visible to residents.
34. At any time a resident may request the release of any private record from the Government through the Delegate and the designated officers of the Executive.
35. The Delegate and the designated officers of the Executive will retrieve information requested from the different departments of the government.
36. Residents who do not receive this information for any reason not specifically designated in appropriate laws or regulations may file a request for the information to the court, where the Delegate and the designated officers of the Executive may present evidence that addresses any claim that release of the information meets one or more of the acceptable acceptable criteria for classification.
37. Information appropriately not disclosed will be accepted as classified by a majority vote of the Court sitting as a three-member panel.

Section 7.6: Mandatory Ministries
38. There will be an Executive Officer charged with the North Pacific's foreign affairs. They will ensure the continued operation of any embassies of the North Pacific and will report on events in the region.
39. There will be an Executive Officer charged with military affairs. They will carry out such legal missions as are authorized by the Delegate, expressly or categorically.
40. There will be an Executive Officer charged with maintaining and/or improving regional activity levels.
Chapter 7: Executive Government:
Chapter 7: Executive Government

1. Any Law regulating the executive government officials of The North Pacific may be listed in this chapter.

Section 7.1: Definitions
2. Executive Officers are government officials appointed by the Delegate to assist in the execution of their duties.
3. The Serving Delegate is the person holding the constitutionally-mandated elected office of the Delegate or, in the case of a vacancy in that office, the person that has assumed the duties of that office.
4. The WA Delegate is the nation holding the WA Delegacy of the region The North Pacific.

Section 7.2: Regional Officers
5. Regional Officers may only be appointed and granted powers as explicitly allowed under this section.
6. The Serving Delegate may assign any Regional Power, with the exception of Border Control, to any Executive Officer.
7. The Serving Delegate may assign Border Control powers to any of the three members of the Security Council earliest in the Order of Succession.
8. In the event of a Delegate Emergency or with the permission of a majority vote of the Regional Assembly, the Delegate may assign Border Control powers to any members of the Security Council.
9. The WA Delegate will promptly grant all Regional Powers to the Serving Delegate and assigned powers to the respective Executive Officers or Security Council members.

Section 7.3: Onsite Authority
10. Violators of NationStates rules may be subject to summary ejection or banning.
11. Nations recruiting for other regions may be subject to summary ejection or banning.
12. Nations for which the Court has issued an indictment permitting it may be ejected or banned.
13. Nations that have been so sentenced by the Court will be ejected or banned.
14. The official performing an ejection or ban will promptly inform the region and Government.
15. The Serving Delegate may regulate the Regional Message Board as they see fit.
16. Such regulations may not prohibit speech which is in the context of TNP politics.
17. All actions of the WA Delegate, the Serving Delegate, or of their appointed Regional Officers related to this section will be subject to judicial review.

Section 7.4: The Attorney General
18. Any deputy appointed by the Attorney General may not serve concurrently as either a Justice or a Temporary Hearing Officer.
19. The Attorney General will have standing in all cases of judicial review brought before the Court.
20. Any person ("the complainant") may submit a criminal complaint to the office of the Attorney General, requesting that a criminal case be brought before the Court.
21. The Attorney General may, at their discretion, manage the prosecution of any criminal case requested.
22. Any relevant person who is a defendant, the defense attorney, or a witness in a criminal case will be unavailable to manage the prosecution of the case.
23. In the event that the Attorney General is unavailable, the Serving Delegate will appoint an existing and available deputy Attorney General. The appointed deputy Attorney General may, at their discretion, manage the prosecution of the case.
24. Failing the existence of an available deputy Attorney General, the first available person from the following list may act as such a deputy Attorney General for the duration of the case:
  • The Serving Delegate
  • The Serving Vice Delegate
  • Any resident (consensually) chosen by the complainant.
25. It is the duty of the Attorney General, and their deputies, to see to completion any case the management of which they have undertaken.
26. If the original Attorney General, and their deputies, are unable to see to completion a pending case after the end of their term, the successor Attorney General will take over the managing of the prosecution.
27. If the Attorney General, and their deputies, decline to manage the prosecution of a requested criminal case, then the complainant may, at their discretion, manage themselves the prosecution of the criminal case. Otherwise, they may withdraw the complaint.
28. If the complainant has not stated their intent to either manage the prosecution of the case or withdraw the complaint within 30 days of the Attorney General and their deputies declining the case, the complaint will be considered withdrawn.
29. For the purposes of this section, "managing the prosecution of a case" includes but is not limited to:
  • submitting an indictment to the Court for the relevant charges;
  • arguing on the acceptance or rejection of the indictment;
  • acting as the prosecutor for the duration of all stages of the criminal trial heard for the case;
  • representing the prosecution in any separate judicial review hearings arising from the criminal trial;
  • and appointing, directing, and removing an attorney to act in the above capacity in their place.

Section 7.5: Freedom of Information Act
30. For the purposes of this section “the government” refers to the Delegate and the Executive Officers, including the departments which they oversee.
31. For the purposes of this section, classified information is that which fits any of the below definitions:
  • Real life information about any NationStates player from which there is a risk of inferring that player's real life identity and which has not willingly been disclosed to the public, including, but not limited to, an individual's name, IP address, physical address or location, phone number, place of employment or education, appearance, social media accounts, and other knowledge about a player, unless the player in question provides explicit consent for this information not to be considered private.
  • Real life information about any NationStates player for which there exists a reasonable real life expectation of privacy or discretion, including, but not limited to, health status, both mental and physical; financial status; personal tragedies; changes in personal status such as marriage, divorce, pregnancy, birth, or death; and other similar information, unless the player in question provides explicit consent for this information not to be considered private.
  • Information that, upon being made public, would jeopardize any ongoing military or intelligence operations; or jeopardize the security of units and agents participating in them, or be harmful to the diplomatic interests, military interests, or security of The North Pacific.
32. Notwithstanding any process for publication, any information which meets the criteria to be classified will not be released.
33. Private government records which reach one year of age will be relocated to the appropriate Declassified Archive visible to residents.
34. At any time a resident may request the release of any private record from the Government through the Delegate and the designated officers of the Executive.
35. The Delegate and the designated officers of the Executive will retrieve information requested from the different departments of the government.
36. Residents who do not receive this information for any reason not specifically designated in appropriate laws or regulations may file a request for the information to the court, where the Delegate and the designated officers of the Executive may present evidence that addresses any claim that release of the information meets one or more of the acceptable acceptable criteria for classification.
37. Information appropriately not disclosed will be accepted as classified by a majority vote of the Court sitting as a three-member panel.

Section 7.6: Mandatory Ministries
38. There will be an Executive Officer charged with the North Pacific's foreign affairs. They will ensure the continued operation of any embassies of the North Pacific and will report on events in the region.
39. There will be an Executive Officer charged with military affairs. They will carry out such legal missions as are authorized by the Delegate, expressly or categorically.
40. There will be at least one Executive Officer charged with focusing primarily on matters of internal interest to The North Pacific.
 
I'm not quite a fan of the mandatory official for activity levels. Activity is not simply the responsibility of one person but an entire community focus. Unless you mean a Chief of Staff to enforce activity levels for executive officers?
 
I wouldn't mind dropping it. The intent was to require some kind of domestic ministry as well as the two foreign policy-related ones.
 
The big issue I have is that activity is a very broad term. I could appoint Syrixia or Indiegirl just because they have sent the game threads through the roof, and it could easily qualify as activity :P But a more sustainable, structured form of activity can't be legislated on, it needs to be encouraged by various parts of the community - I'd say the RP Moderators do a good job of it, the Ministers should be involved in it, as should the Forum Administrators, who post across the board on a regular basis.

Either way, a sustainable form of activity - granted we did break 400,000 posts on the board this term - is important but I'm not sure we need it constitutionally mandated :P

Look at me just focusing on off-site - we had record breaking posting levels on the RMB for much of this term. :fish:
 
Do you have any ideas for some kind of domestic ministry concept that could be mandated? (Preferably one covered by one of the existing ministries :P)
 
Perhaps we could mandate a Minister for Home Affairs, to "focus primarily on areas of internal interest to The North Pacific"? Which gives the Delegate the leeway to adapt the portfolio depending on regional need at the time as well as the ability to split and adapt Ministries so long as Home Affairs maintains its focus on internal affairs - whether that is recruitment, advertising or indeed, mentoring.

I'd be against any language which focuses on integration or specific duties of Home Affairs since that is incredibly hard work for even the most established and experienced teams and I'd be really worried that we'd be setting up Delegate's to violate the law from the offset.
 
"At least one Executive Officer charged with focusing primarily on matters of internal interest to The North Pacific" ?
 
Executive Reform Bill:
Section 7.2: Regional Officers

8. In the event of a Delegate Emergency or with the permission of a majority vote of the Regional Assembly, the Delegate may assign Border Control powers to any members of the Security Council.
This is a bit ambiguous. Does this allow the RA to give an RO Border Control powers whenever it's proposed? A simple majority is a pretty low threshold as well.

Executive Reform Bill:
Section 7.3: Onsite Authority

15. The Serving Delegate may regulate the Regional Message Board as they see fit.
16. Such regulations may not prohibit speech which is in the context of TNP politics.
17. All actions of the WA Delegate, the Serving Delegate, or of their appointed Regional Officers related to this section will be subject to judicial review.
I have a serious issue with Clause 15. There is no limitation on what the Delegate sees as 'fit'. It should at least have the caveat: 'In accordance with TNP Law'.

Clause 16 (in concert with Clause 15) limits free speech (unless it meets a certain criteria). I'm surprised you put that in there. These clauses are a BoR violation waiting to happen. :/

Clause 17 would benefit from having 'and/or recall' at the end of it.

Executive Reform Bill:
Section 7.4: The Attorney General

20. Any person ("the complainant") may submit a criminal complaint to the office of the Attorney General, requesting that a criminal case be brought before the Court.
Minor issue, but "The complainant" is redundant. Moreover, shouldn't 'any person' be 'any TNP nation'?

Executive Reform Bill:
Section 7.4: The Attorney General

24. Failing the existence of an available deputy Attorney General, the first available person from the following list may act as such a deputy Attorney General for the duration of the case:

The Serving Delegate
The Serving Vice Delegate
Any resident (consensually) chosen by the complainant.
The last sentence confuses me. What does 'consensually' mean here?
 
falapatorius:
Executive Reform Bill:
Section 7.2: Regional Officers

8. In the event of a Delegate Emergency or with the permission of a majority vote of the Regional Assembly, the Delegate may assign Border Control powers to any members of the Security Council.
This is a bit ambiguous. Does this allow the RA to give an RO Border Control powers whenever it's proposed? A simple majority is a pretty low threshold as well.
If we don't trust them, they shouldn't be in the Security Council.
falapatorius:
Executive Reform Bill:
Section 7.3: Onsite Authority

15. The Serving Delegate may regulate the Regional Message Board as they see fit.
16. Such regulations may not prohibit speech which is in the context of TNP politics.
17. All actions of the WA Delegate, the Serving Delegate, or of their appointed Regional Officers related to this section will be subject to judicial review.
I have a serious issue with Clause 15. There is no limitation on what the Delegate sees as 'fit'. It should at least have the caveat: 'In accordance with TNP Law'.

Clause 16 (in concert with Clause 15) limits free speech (unless it meets a certain criteria). I'm surprised you put that in there. These clauses are a BoR violation waiting to happen. :/

Clause 17 would benefit from having 'and/or recall' at the end of it.
Honestly, I'm not a good person to make a case for expanded regulation of the RMB. In recent times I've been far more reluctant to moderate it than others have. Perhaps a more expansive statute regarding trolling and flaming might be better, I don't know. Comment would be appreciated, particularly from McMasterdonia, SillyString, and Lord Ravenclaw.

All government officials are subject to recall at any time. The drafted 17 makes sure the Court can order unbanning of banned nations.
falapatorius:
Executive Reform Bill:
Section 7.4: The Attorney General

20. Any person ("the complainant") may submit a criminal complaint to the office of the Attorney General, requesting that a criminal case be brought before the Court.
Minor issue, but "The complainant" is redundant. Moreover, shouldn't 'any person' be 'any TNP nation'?
Why is "the complainant" redundant?

Why do we need to limit who can bring complaints?
falapatorius:
Executive Reform Bill:
Section 7.4: The Attorney General

24. Failing the existence of an available deputy Attorney General, the first available person from the following list may act as such a deputy Attorney General for the duration of the case:

The Serving Delegate
The Serving Vice Delegate
Any resident (consensually) chosen by the complainant.
The last sentence confuses me. What does 'consensually' mean here?
A resident cannot be chosen to prosecute without their consent. I.e. I can't say falapatorius will prosecute my complaint if falapatorius doesn't want to.
 
Eluvatar:
If we don't trust them, they shouldn't be in the Security Council.
I didn't ask that. Can the RA nominate/confirm a RO under this proposed legislation?

Eluvatar:
Honestly, I'm not a good person to make a case for expanded regulation of the RMB.
Fair enough.

Eluvatar:
Why is "the complainant" redundant?
Why do we need to limit who can bring complaints?
Filing a complaint makes you the complainant. Enough said. We don't need to limit who makes a complaint, but it seems reasonable to limit it to TNPers.

Eluvatar:
A resident cannot be chosen to prosecute without their consent. I.e. I can't say falapatorius will prosecute my complaint if falapatorius doesn't want to.
I :rofl: at that, but I see your point.

Indie Girl:
7.3-15... would the new regional positions on-site created for Flem and myself fall under this section's purview?
They weren't created for you (regional officers have been around for awhile). I wouldn't be trying to regulate the RMB though. This legislation isn't Law yet. Plus you're not the Delegate. So.. nope.
 
IG means the fact that I gave her and Flem RO abilities with these powers: Appearance & Communications for Flem, and Appearance, Communications & Polls for IG.
 
And yes, this law would mean anyone accepting such powers would have to be an executive officer, and would therefore have to swear an oath of office.
 
Personally, I'd prefer that we just restrict the ability to assign Border Control.

Flemingovia and IG were given communications power in case Gemini decided to start flaming on the RMB and they had the common sense, and professionalism to handle it appropriately.
 
Executive Officers can be appointed or removed by the Delegate at will. The only restrictions attached to being an executive officer are:

1. Must be Citizens.
2. Must log into the forum at least once every 14 days.
3. Must swear the oath of office.
4. May be removed from office by a two thirds vote of the RA.

Are any of these unreasonable?
 
Flem and IGs appointment wasn't meant to be taken as a serious position, truthfully (hence the titles) as neither of them are (currently) part of the Executive Cabinet. Truthfully, I do not have the desire to legislate on this subject.
 
The motion is noted and the proposal is now in formal debate. Formal debate will end in five days, at which time a vote shall be scheduled.

Also, just to note, seconds are not necessary for bills.
 
Lord Ravenclaw:
Flem and IGs appointment wasn't meant to be taken as a serious position, truthfully (hence the titles) as neither of them are (currently) part of the Executive Cabinet. Truthfully, I do not have the desire to legislate on this subject.
Eh? I do not recall it being a joke, and I do not appreciate being an object of mockery. :eyebrow:
 
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