FD - Inactive Cabinet Members

mr_sniffles

mr_sniffles

TNPer
A Proposal for A CONSTITUTIONAL AMENDMENT Relating to the revision, consolidation, and transfer of provisions concerning the Cabinet and Deputy Ministers.

BE IT ENACTED BY THE NATIONS OF THE NORTH PACIFIC:

That Sections 4 and 5 of ARTICLE III of the Constitution, relating to Elections and Elected Offices, be amended to read as follows:

I.
Sections 4 and 5 of ARTICLE III of the Constitution, as they read prior to this amendment are repealed.

II.
A new Section 4 of ARTICLE III of the Constitution is adopted, to read as follows:

Section 4. General Provisions Concerning the Cabinet Rules and Requirements for the Cabinet of the Regional Government..
In addition to any requirements or procedures concerning Cabinet elections adopted as part of the Legal Code:
1) To stand for elected office, a A candidate for elective office must be a member Nation of The North Pacific (as outlined in Article II, Section 1 of this Constitution). UN membership is not required, but it is recommended. Nations with UN membership should reside within The North Pacific unless active in the North Pacific Army.
2) The Nation must be a member Nation of the Region., and
2) A candidate must be an active Regional off-site forum member for a minimum of one month prior to the date of the acceptance of a nomination to, or a declaration of candidacy for, elective office. Should a member Nation be inactive or leave the Regional off-site forum for a period of three weeks or more, they shall be required to become and remain active in the Regional off-site forum for at least one week following their return before that Nation may accept any nomination to, or declare itself as a candidate for, any office.
3) Cabinet members shall not hold more than one Cabinet-level position at the same time.
4) Cabinet members shall not violate the term limitation provisions of Section 3 of this Article of the Constitution.
5) 4) To stand for election as the 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 nomination or declaration of candidacy. Members of the North Pacific Army may endorse one or more candidates that stand for election as Minister of Defense in the same election. The Legal Code may impose additional requirements as qualifications for election or appointment as a specific Minister or Deputy Minister.
5) The Legal Code may provide for the removal of any Cabinet-level position or any Deputy Minister on the grounds of inactivity, as defined by law.
6) The Legal Code shall provide by law for a vacancy  whether due to resignation, removal or other cause, in any Cabinet-level position, other than the Delegate, Vice Delegate, and Prime Minister, or for a Deputy Minister.

Section 5. Deputy Ministers.

1) 7) 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.
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.
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.
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III.
Section 5 of Article III of the Constitution is marked “reserved.”

IV.
A co-ordinated bill for an Act that enacts provisions in The North Pacific Legal Code concerning Deputy Ministers and Cabinet Procedures is enacted as part of this Amendment and are effective immediately upon enactment as any other law enacted as part of The North Pacific Legal Code when this Amendment is adopted as part of the Constitution pursuant to Article VII of the Constitution. That bill is incorporated into this Amendment by this reference.

A Bill for An Act Related to Deputy Ministers and Cabinet Procedures.

BE IT ENACTED BY THE NATIONS OF THE NORTH PACIFIC:

Bill Section 1.

TNP Law 5, concerning the Ministry of Defense, is amended by adding a new Section 5, which shall read as follows:
Section 5.  NPA Endorsement of candidates for Minister and Deputy Minister of Defense.  To stand for election as the 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 14 days prior to the period for nomination or declaration of candidacy. Members of the North Pacific Army may endorse one or more candidates that stand for election as Minister of Defense in the same election. 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 14 days prior to appointment.
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Bill Section 2.

A new TNP Law, concerning Cabinet Procedures, is enacted, to read as follows:
TNP Law ____

Cabinet Procedures

Section 1. Application.
Unless clearly stated otherwise in this Law, “Minister” refers to those Cabinet-level positions other than the UN Delegate for the Region, the Vice Delegate, and the Prime Minister.

Section 2. Vacancy in a Minister’s Office; Deputy Minister as Interim Minister.
A - The Deputy Minister succeeds to a Minister's position on an interim basis until the next election should the elected Minister resign, vacate, or otherwise be unable to hold office.
B - 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.
C - In that instance, the appointee shall serve as Minister on an acting basis until the referendum election is completed.
D - If confirmed as a result of the referendum, that appointee shall thereupon assume the position of Minister for the interim until the next election for that office.
E - 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.
F - 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.
G - 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.
H - Designees for Deputy Minister must adhere to the same requirements as for Ministers, in accordance with Article III of the Constitution.
I - Deputy Ministers may not hold another position in any Cabinet-level position or as a Deputy Minister to more than one Minister, while holding the position as Deputy Minister.

Section 3. Removal of a Cabinet-level positionholder due to inactivity.
A - As used in this section, “inactivity” refers to the failure of the holder of a Cabinet-level position to log into his or her forum user account at the official off-site Regional forum for more than 14 consecutive days without prior public notice, or prior private notice to the Prime Minister and the Deputy Minister of the particular Ministry.
B - When the holder of a Cabinet-level position becomes inactive, the Prime Minister may thereafter present a motion to the Cabinet to remove the inactive position-holder from office. If the Prime Minister is inactive, then any other Minister may present a motion to the Cabinet.
C - If a majority of the Cabinet vote in favor of the motion, the inactive position-holder is removed from office. If the inactive position-holder logs into his or her forum user account at any time before the motion is presented, the position-holder may resume their active status in office as if the inactivity had not occurred.
D - The vacancy procedures of Section 2 shall apply in the event of removal of a Minister. In the event of the removal of the Delegate, Vice Delegate, or the Prime Minister due to inactivity, then the provisions of the Constitution concerning a vacancy in that office shall apply.
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I like it, except that I think the first word of Section 2 A of the proposed Cabinet Procedures law should be "The" not "A." Also, in section 3 D of the same law "he" in the last clause should be "the".

But we should then also pass a Law detailing the Term Limit Provisions I think :ermm:
 
Zemnaya Svoboda:
I like it, except that I think the first word of Section 2 A of the proposed Cabinet Procedures law should be "The" not "A." Also, in section 3 D of the same law "he" in the last clause should be "the".

But we should then also pass a Law detailing the Term Limit Provisions I think :ermm:
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Typos fixed and the Term Limits are left alone in this proposal, unless you feel changes should be made... again...
 
The first item you raise is correct as written as it does not refer to a definite, specific person, but just a generic person. The second item is a typo that should be corrected.
 
The intent of my desire for the use of the definite article is to specify that there is but one Deputy Minister who doues the succeeding for any Ministry.
 
What does this have to do with ministry merging? I is confoodled. :blink:

I liked it last week, and still do. I have no problems wit this.
 
Daimiaena:
How are we defining "Active" when it comes to the NPA.....is there a legal precedent???
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This only deals with Cabinet Members, if the MoD hasn't checked into his/her account for the past two weeks then something is seriously wrong with the NPA.

As for legal precedent for inactivity, usually we ignore the truant ministers until shit hits the fan then we run to fill the vacant spot. (My personal experience at least.)
 
Historically, the only method available has been impeachment. But successive attorney generals have ignored requests to act, so unless a CTE occurs of a officeholder's TNP nation, there hasn't been an effective remedy.

The Court has the ability to appoint hearing officers and the Security Council has a low enough quorum requirement that it has not become an issue.
 
Daimiaena:
My question is in regard to the amended section 5 of TNP law 5....
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I actually had a discussion this weekend with Roman about that (dealing with that NPA endorsement.)

From what I gather the NPA has its own method as to determining what an active status is. When thpse provisions were originally enacted in a constitutional amendment Tresville asked for, it was decided to let the NPA determine which of the NPA membes were "active" for NPA purposes. As long as th NPA and the MoD keep up with their internal paperwork, there should not be a problem.
 
Per the discussion in the thread (here), I have accepted changing the seven day period to 14 days as it relates to the NPA endorsements of candidates for MoD and DMoD. The change has been incorporated into the measure as it is posted in the voting thread, as well as in the discussion threads.

If the discussion in the linked thread comes up with something further, it can be voted on later as an amendment to the TNP Law proposed by this measure if this measure is adopted and ratified.
 
The language is being transferred out of the Constitution and being made part of the Legal Code. It will make it easier to manage further changes in the law as it related to qualifications for office of Cabinet ministers, deputy ministers, and with the introduction of procedures for removing inactive ministers from office.
 
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