Deputy Minister idea

[Monte Ozarka]

Since some people liked my idea for deputies, I figured I should separate it out from Flem's thread.

It seems that we already have procedures for a DM confirmation referendum when the PM appoints a deputy if one hasn't been found after 7 days. I wonder why we don't have it for normal Ministers. *shrug*

Anyways, green connotes additions, and red strikethroughs are deletions (if any).

1) All Ministers are required to appoint a Deputy Minister within seven days of their election, or upon a vacancy in, or a resignation of a Nation from, the office of a Deputy Minister. The appointment shall be made official by a confirmation referendum by the Regional Assembly. The referendum shall be held for a duration of three days, and the appointee will be considered approved with at least 50% approval of a quorum.
2) The Deputy Minister succeeds to the Minister's position on an interim basis until the next election should the elected Minister resign, vacate, or otherwise be unable to hold office.
3) Where a vacancy occurs in any Cabinet Ministry and no Deputy for that Minister is then installed in office, the Prime Minister shall appoint a Deputy Minister who is qualified to serve as a Cabinet Minister, subject to a confirmation referendum of the Regional Assembly. In that instance, the appointee shall serve as Minister on an acting basis until the referendum election is completed. If confirmed as a result of the referendum, that appointee shall thereupon assume the position of Minister and Cabinet member for the interim until the next election for that office. A vote of the Regional Assembly is required to approve a motion for confirmation of such an appointment by the Prime Minister. If, after seven days, a quorum of the Regional Assembly has participated and at least 50 per cent of those voting approve of the motion to confirm the appointment, the appointee shall remain in office to serve on an interim basis until the next election. If the motion for confirmation fails to receive such approval, then the appointee is not confirmed to serve as that Cabinet Minister, and the Prime Minister shall promptly propose another nominee for Deputy Minister, who shall act then as minister, subject to approval of a motion for confirmation in a referendum by the Regional Assembly. If the motion for confirmation passes, the interim Minister shall appoint a Deputy Minister according to the guidelines set forth in Paragraph 1 of this Section.
4) Service by a Deputy Minister does not constitute a Cabinet-level position unless serving as a Cabinet Minister on an interim basis until the next election for that office.
5) Designees for Deputy Minister must adhere to the same requirements as for Ministers, as provided in Article III, Section 3, of this Constitution. In addition, Deputy Ministers may not hold another position as either Deputy Minister, Minister, Prime Minister, Attorney General, or as the UN Delegate for the Region.
6) To be appointed as the Deputy Minister of Defense, a candidate shall have received the endorsement of a majority of the nations then in active service in the North Pacific Army within seven days prior to appointment.

 

[dont pick it up]

I lend this my full support

 

[north harmoneia]

Good idea overall.

 

[Blackshear]

This proposal gets two thumbs up from this guy.

I like it too. We should have done this ages ago. Great work, MO.

 

[Monte Ozarka]

The recent appointment of Sarcodina to the position of Deputy MoEA got me thinking. Since he's a foreign envoy, and since the Constitution and Legal Code are much based on having a nation actually in TNP, it seems that he is under no obligation to adhere to the laws of TNP. I checked if there were any special provisions in place for Deputy Minister, and it seems that there are none that would place the Deputy Minister under the jurisdiction of TNP law. After all, the Oath of Office asks the signee to basically discharge his office in full accordance with the Constitution. (And no, impeachment doesn't count, as Deputy Ministers don't count as Cabinet-level officers until they've served as Interim Minister for at least half the term.)

(By the way, I fully trust Sarcodina, but I think it just exposed a potential loophole)

So...some additions by me:

1) All Ministers are required to appoint a Deputy Minister within seven days of their election, or upon a vacancy in, or a resignation of a Nation from, the office of a Deputy Minister. The appointment shall be made official by a confirmation referendum by the Regional Assembly. The referendum shall be held for a duration of three days, and the appointee will be considered approved with at least 50% approval of a quorum.
2) The Deputy Minister succeeds to the Minister's position on an interim basis until the next election should the elected Minister resign, vacate, or otherwise be unable to hold office.
3) Where a vacancy occurs in any Cabinet Ministry and no Deputy for that Minister is then installed in office, the Prime Minister shall appoint a Deputy Minister who is qualified to serve as a Cabinet Minister, subject to a confirmation referendum of the Regional Assembly. In that instance, the appointee shall serve as Minister on an acting basis until the referendum election is completed. If confirmed as a result of the referendum, that appointee shall thereupon assume the position of Minister and Cabinet member for the interim until the next election for that office. A vote of the Regional Assembly is required to approve a motion for confirmation of such an appointment by the Prime Minister. If, after seven days, a quorum of the Regional Assembly has participated and at least 50 per cent of those voting approve of the motion to confirm the appointment, the appointee shall remain in office to serve on an interim basis until the next election. If the motion for confirmation fails to receive such approval, then the appointee is not confirmed to serve as that Cabinet Minister, and the Prime Minister shall promptly propose another nominee for Deputy Minister, who shall act then as minister, subject to approval of a motion for confirmation in a referendum by the Regional Assembly. If the motion for confirmation passes, the interim Minister shall appoint a Deputy Minister according to the guidelines set forth in Paragraph 1 of this Section.
4) Service by a Deputy Minister does not constitute a Cabinet-level position unless serving as a Cabinet Minister on an interim basis until the next election for that office.
5) Designees for Deputy Minister must adhere to the same requirements as for Ministers, as provided in Article III, Section 3, of this Constitution. In addition, Deputy Ministers may not hold another position as either Deputy Minister, Minister, Prime Minister, Attorney General, or as the UN Delegate for the Region.
6) To be appointed as the Deputy Minister of Defense, a candidate shall have received the endorsement of a majority of the nations then in active service in the North Pacific Army within seven days prior to appointment.
7) While a Deputy Minister maintains his/her position, the Deputy Minister will be subject to all the laws and regulations set forth by the Constitution and Legal Code as if the Deputy Minister is a representative of a nation residing in The North Pacific.

By the way, I found a contradiction?

6) For purposes of this Constitution, "Cabinet-level position" is construed to refer to the UN Delegate for the Region, any UN Vice Delegate who has acted as UN Delegate for the Region for more than half of an elected term of office, the Prime Minister, any Cabinet Minister of the Regional Government, any deputy Cabinet Minister who has acted as a Minister for more than half of an elected term of office, or the Attorney General.

4) Service by a Deputy Minister does not constitute a Cabinet-level position unless serving as a Cabinet Minister on an interim basis until the next election for that office.

So is a Deputyship a Cabinet-level position if he's served as Interim Minister for less than half an elected term of office? Or is it a Cabinet-level position immediately? I ask this because a Cabinet-level official can be impeached, while those that do not hold that rank can't.

 

[Haor Chall]

Just as a point of information, Sarcodina only received the position of DMoEA after he became a member of the RA. So I see no issue there. From my understanding of these things (admittedly limited) you have to be a member of the RA to become a Deputy.