Grosseschnauzer
TNPer
Since the current constitution took effect last summer, there has been a recurring problem with officeholders who were elected (or whose appointment was confirmed) that posted their oath and then disappeared for the remainder of their term.
I'm not sure that now, with all members of the region eligible to sit in the Regional Assembly upon application, there can be an activity clause as to that role without raising issues with the Declaration of Rights. However, when a player has taken the additional oath of office then a different situation exists. As a result, I believe that a Legal Code provision dealing with inactivity is permissible where it is defined as nonfeasance in office. In addition there is some need to clarify what the deputy can do during an announced, or unannouced, absence of a minister or their deputy.
The question is what sort of time period should apply and under what circumstances? It should not be enough that a player who holds an office or position just happens to post in these forums; it should be the expectation that he/she is dealing with the responsibility he or she has assumed.
For the purposes of a discussion that will lead to legislation, I suggest as a starting point that inactivity in office be defined as the failure, without prior notice, to exercise the duties of their office or position for a period of 21 consecutive days. Such a period of inactivity would be defined as an abandonment of office tantamount to a resignation.
Second, as to Cabinet Ministers, their deputies, and members of the Court, those individuals would need to give notice of an anticipated period of inactivity of at least seven days.
As to the Cabinet, each Minister will have to clearly state what powers their deputy may exercise in their absence when they take office.
I would like to see something that would permit the Prime Minister to authorize a deputy to act for the absent minister once the unanticipated absence has been for at least seven days. In the event a deputy has not been appointed, or the deputy is also absent, then the Prime Minister may designate some other person to act as the head of that Ministry temporarily (without voting power in the Cabinet) until either the Minister or the deputy returns to active status.
The Prime Minister has no deputy, and the Constitution provides only that the Cabinet would exercise that office jointly in the event of a vacancy until a new Prime Minister is elected. How should the inactivity principle be applied there?
The Speaker is a different situation. He has no deputy in the constitution, and the Prime Minister acts temporary as the chair of the RA during the short period that is used to elect a successor as the Speaker when there is a vacancy in mid-term. I would like to see the RA adopt an internal rule allowing the Speaker to appoint a temporary presiding officer for the RA when an absence is anticipated, or, after five days of an unanticipated absence, the senior member in tenure on the security council would preside over the SC and the RA until the Speaker returns. If the Speaker's unanticipated absence reaches 21 days, then the office would be declared vacant, and we would elect a new Speaker.
As to the Court, the Court already has a rule governing the appointment of interim hearing officers when needed for a trial or an appeal. What is needed for the Court is a provision that Justice shall give prior notice of absences to the other members of the Court. This will permit the Court to appoint interim hearing officers under uts rules if needed during an anticipated absence. What is also needed is a provision that the unanticipated absence of a justice for a period of 21 days is tantamount to an abandonment of office and is to be treated as a resignation from office. This will permit that justice to be replaced under the Constitutional procedure for the remainder of the court term.
The Security Council is a different problem. There are seven elected members, however the constitution permits three of them (or two of them in the presence of the Speaker) to act. What is needed is a mechanism to fill vacancies on the Security Council if they arise during the term. I would favor something similar to the election process when a Speaker leaves office during the middle of a term to fill SC vacancies. An inactivity clause is difficult to apply since there's no way to know when the SC needs to meet. As I suggested above, if the Speaker is not present, the member of the Security Counvil present with the longest tenure on the Council should preside at that session.
I know there is a lot covered in this, but Anyone have any thoughts? other ideas?
I do plan to propose something more formally sooner rather than later, I feel it is time to address this problem of inactivity now that it has occurred after each of the last three elections.
I'm not sure that now, with all members of the region eligible to sit in the Regional Assembly upon application, there can be an activity clause as to that role without raising issues with the Declaration of Rights. However, when a player has taken the additional oath of office then a different situation exists. As a result, I believe that a Legal Code provision dealing with inactivity is permissible where it is defined as nonfeasance in office. In addition there is some need to clarify what the deputy can do during an announced, or unannouced, absence of a minister or their deputy.
The question is what sort of time period should apply and under what circumstances? It should not be enough that a player who holds an office or position just happens to post in these forums; it should be the expectation that he/she is dealing with the responsibility he or she has assumed.
For the purposes of a discussion that will lead to legislation, I suggest as a starting point that inactivity in office be defined as the failure, without prior notice, to exercise the duties of their office or position for a period of 21 consecutive days. Such a period of inactivity would be defined as an abandonment of office tantamount to a resignation.
Second, as to Cabinet Ministers, their deputies, and members of the Court, those individuals would need to give notice of an anticipated period of inactivity of at least seven days.
As to the Cabinet, each Minister will have to clearly state what powers their deputy may exercise in their absence when they take office.
I would like to see something that would permit the Prime Minister to authorize a deputy to act for the absent minister once the unanticipated absence has been for at least seven days. In the event a deputy has not been appointed, or the deputy is also absent, then the Prime Minister may designate some other person to act as the head of that Ministry temporarily (without voting power in the Cabinet) until either the Minister or the deputy returns to active status.
The Prime Minister has no deputy, and the Constitution provides only that the Cabinet would exercise that office jointly in the event of a vacancy until a new Prime Minister is elected. How should the inactivity principle be applied there?
The Speaker is a different situation. He has no deputy in the constitution, and the Prime Minister acts temporary as the chair of the RA during the short period that is used to elect a successor as the Speaker when there is a vacancy in mid-term. I would like to see the RA adopt an internal rule allowing the Speaker to appoint a temporary presiding officer for the RA when an absence is anticipated, or, after five days of an unanticipated absence, the senior member in tenure on the security council would preside over the SC and the RA until the Speaker returns. If the Speaker's unanticipated absence reaches 21 days, then the office would be declared vacant, and we would elect a new Speaker.
As to the Court, the Court already has a rule governing the appointment of interim hearing officers when needed for a trial or an appeal. What is needed for the Court is a provision that Justice shall give prior notice of absences to the other members of the Court. This will permit the Court to appoint interim hearing officers under uts rules if needed during an anticipated absence. What is also needed is a provision that the unanticipated absence of a justice for a period of 21 days is tantamount to an abandonment of office and is to be treated as a resignation from office. This will permit that justice to be replaced under the Constitutional procedure for the remainder of the court term.
The Security Council is a different problem. There are seven elected members, however the constitution permits three of them (or two of them in the presence of the Speaker) to act. What is needed is a mechanism to fill vacancies on the Security Council if they arise during the term. I would favor something similar to the election process when a Speaker leaves office during the middle of a term to fill SC vacancies. An inactivity clause is difficult to apply since there's no way to know when the SC needs to meet. As I suggested above, if the Speaker is not present, the member of the Security Counvil present with the longest tenure on the Council should preside at that session.
I know there is a lot covered in this, but Anyone have any thoughts? other ideas?
I do plan to propose something more formally sooner rather than later, I feel it is time to address this problem of inactivity now that it has occurred after each of the last three elections.