Proposed Law on Regional Assembly Membership

Grosseschnauzer

Grosseschnauzer

TNPer
As proposed by Lewis and Clark:

Regional Assembly Registration and Membership

Article I

Membership Requirements

Section One

Membership in The North Pacific Regional Assembly does not require UN membership, in accorance with the TNP Bill of Rights.  However, the following requirements must be met and confirmed for membership.

1. Assembly member applicants must maintain a nation in The North Pacific.

2.  Each member Nation will by oath, abide by the Constitution of The North Pacific and The North Pacific Legal Code.

3.  Each member Nation shall refrain from the threat or use of force against the territorial integrity or political independence of any other nation or region in a manner inconsistent with the Constitution of The North Pacific.

4.  Each member Nation shall refrain from giving assistance to any nation or region against which The North Pacific is taking defensive or enforcement action. Exceptions shall be given to Nations acting with official authorization of the North Pacific Army or Intelligence Agencies, and is subject to the consent of the Cabinet.

5.  The use of a proxy server by an applicant for registered voter status is grounds for automatic denial of the registered voter application.

Section Two

All Assembly applicants are require post the following Oath, as their application to join.  The Oath will be posted by the applicant in the thread provided by the Speaker of The Assembly.

Your TNP Nation's name
Your UN Nation's name

I, <username>, as the leader of <your TNP nation's name>, pledge loyalty to the Constitution and Laws of The North Pacific Region, and to act as a responsible member of its society.  I understand that if my Nation leaves The North Pacific region for reasons other than for official government business, that I may be stripped of my right to vote and required to reapply.  I pledge to only register one Nation to vote in The North Pacific.  I understand that my registration of, or attempt to register, multiple Nations to vote in The North Pacific shall warrant the summary withdrawal of my right to vote from all my Nations, past, present, and future, as well as possible expulsion from the Region. In this manner, I petition the Speaker of The Regional Assembly of The North Pacific region for membership in the Regional Assembly.
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Article II

Registrant Processing and Membership Confirmation

Section One

The Speaker of the Assembly, or a deputy so appointed by the Speaker, shall be responsible for processing and confirming the Assembly membership of applicants.

1. The Speaker shall provide and maintain a forum thread for the posting of Assembly applications.

2. The Speaker or assigned deputy, shall respond to applicant requests within 14 days. Failure to respond the the applicant within the specified period will result in automatic admittance of the applicant to the Assembly.

3. The Speaker will work with the forum Administrators and any Intelligence information provided to the Speaker, to ensure applicant compliance with membership eligibiliy.

4. The Speaker or assigned deputy will be responsible to maintain and post an updated list of Assembly members. The list shall be updated no less than once a month.

Article III

Member Removal

In accordance with Article II, Section Three of the Constitution, providing for the removal of unelected goverrnment members, the following methods and instances are provided for removal of Assembly members.

Section One

Violation of the Constitution or Laws of The North Pacific

1. Any Assembly member that has been found by due process to be in violation of the Constitution and Laws of The North Pacific shall be removed with immediate effect by The Speaker.

Section Two

Inactivity

1. Assembly members who's nation has CTE'd (Ceased to Exist) shall be removed from membership automatically by the Speaker.

2. Assembly members who fail to indicate their activity on the forum by posting for over 30 days shall be removed from membership automatically by the Speaker.

Section Three

Proxy Use

Use of a proxy server by an Assembly member, without specific official TNP permission for Army or Intelligence purpose, is forbidden and is grounds for immediate removal from the Assembly.

1. Forum administrators shall inform the Speaker in the event that an Assembly member is found to be engaged in the use of a proxy server to access the forum.

2. Upon notification, the Speaker shall immedately remove the offending member from the Assembly.
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There will be a short formal discussion period before this goes to a vote.
 
Very well written. I agree with this as written.
 
Section One, Clause 5 needs further clarification as per comments in the formal discussion regarding proxy usage!!

The oath in which the leader of a nation pledges not register multiple nations does not sit with the in-character oath from a nation's leader!!

OOC: As currently worded a player could create multiple nations and register corresponding forum accounts and take this oath with each forum account referring only to the corresponding TNP nation and not breach TNP law.
 
How 'bout adding this, borrowed from Roman -

5.  The use of a proxy server by an applicant for registered voter status is grounds for automatic denial of the registered voter application.

a. Proxy server usage is defined as the use of an IP connection with the intent of rendering a forum user anonymous, aka proxy spoofing, or any such practice designed to allow a member to have multiple accounts on the TNP forum.
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As to the issue with the Oath, this just copies the Oath from the existing TNP Law #1. So to change the Oath, Law #1 needs to be amended.

The Oath could be removed from this legislation, and instead refer to Law #1, but it seemed better to me to have the whole thing together in one peice of legislation.
 
That will clarify the proxy usage, thanks!!

As for the oath, I know its the same oath as before but I think its a bit all over the place!! Either its an in-character oath by the member nation's leader or its an oath by a player which then creates a situation whereby you are in the TNP and nowhere else in NationStates as every single nation a player controls will be held to the laws of TNP!!

This is the very essence of a recent trial and also of most conflicts within TNP!!

Admittedly, as the oath is the same as the current one we have this will not or should not block passage of this legislation but I just wanted to point out that perhaps the oath needs to be revisited at some point to rectify this!!
 
Lewis and Clark:
How 'bout adding this, borrowed from Roman -

5.  The use of a proxy server by an applicant for registered voter status is grounds for automatic denial of the registered voter application.

a. Proxy server usage is defined as the use of an IP connection with the intent of rendering a forum user anonymous, aka proxy spoofing, or any such practice designed to allow a member to have multiple accounts on the TNP forum.
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As to the issue with the Oath, this just copies the Oath from the existing TNP Law #1. So to change the Oath, Law #1 needs to be amended.

The Oath could be removed from this legislation, and instead refer to Law #1, but it seemed better to me to have the whole thing together in one peice of legislation.
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Very good! Nice application I didn't think of in those terms.
 
Thank you for bringing up the proxy issue. It's good to clarify it.

I agree with the concerns about the Oath, and I do think it should be revisited. I would think that an Amendment could be proposed to apply to both TNP Law #1 and this procedure as well.
 
L&C, Law 1 is an oath of office provision, and is not the oath used under the previous Constitution for applying to RA membership. You might want to check both and see which was the oath you borrowed from.

The previous constitution can be found in the Constitution and Legal Code subforum, but you would need to change the search parameter to "from the beginning" to locate the thread.
 
You are quite correct, thank you. I took this Oath from the RA membership application thread, not from Law #1.

So I'm open to suggestions on the Oath here.
 
One other thing I should point out is that the oath L&C used was the original version when the former Constitution was adopted in the NPC and not as the application oath was amended in October of 2006. It would make sense to start from the revised application oath, as that is the one everyone currently in the RA has taken.

"I, (Forum Name), as the leader of the (Official Full National Name), pledge to obey the Constitution and Laws of The North Pacific Region, and to act as a responsible member of its society.  I understand that if my Nation leaves The North Pacific region for reasons other than participation in North Pacific Army deployments that I may be stripped of my right to vote and required to reapply.  I pledge to only register one Nation to vote in The North Pacific.  I understand that my registration of, or attempt to register, multiple Nations to vote in The North Pacific shall warrant the summary withdrawal of my right to vote from all my Nations, past, present, and future, as well as possible expulsion from the Region. I understand that if any nation under my control directly wages war against the North Pacific, or allies themselves with a region waging war, declared or not, against the North Pacific, this shall warrant the summary withdrawal of my right to vote from all my Nations, past, present, and future, as well as possible expulsion from the Region. In this manner, I petition the Regional Government of The North Pacific region for membership in the Regional Assembly."
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It's clear that this bill is not yet ready for a final vote, so I will leave it in formal discussion until the sponsor has a chance to decide whether to accept any changes in the oath text or decides to have the bill as is move ahead to a vote.
 
One problem with the existing oath is that the only reason it allows for leaving the region is NPA deployment. There can be other legitimate reasons for official government deployment out of region.

Here is a hybrid of the previous RA Oath, and the one in the proposal. Changes from the original proposal are in blue. I remain open to futher suggested changes:

Your TNP Nation's name
Your UN Nation's name

I, (forum user name), as the leader of The North Pacific nation of (your TNP nation's name), pledge loyalty to the Constitution, Bill of Rights and Laws of The North Pacific Region, and to act as a responsible member of its society.  I understand that if my Nation leaves The North Pacific region for reasons other than for official government business, that I may be stripped of my right to vote and required to reapply.  I pledge to only register one Nation to vote in The North Pacific.  I understand that my registration of, or attempt to register, multiple Nations to vote in The North Pacific shall warrant the summary withdrawal of my right to vote from all my Nations, past, present, and future, as well as possible expulsion from the Region. I further understand that if any nation under my control directly wages war against the North Pacific, or allies themselves with a region waging war, declared or not, against the North Pacific, this shall warrant the summary withdrawal of my right to vote from all my Nations, past, present, and future, as well as possible expulsion from the Region.  In this manner, I petition the Speaker of The Regional Assembly of The North Pacific region for membership in the Regional Assembly.
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One question that needs to be addressed is whether to require current RA members to re-post the new oath. That was the procedure we followed last time; we gave everyone a period of time to re-post and then placed the remainder in a "suspended RA member" group.

IF we don't have access to an accurate RA member list with the TNP and UN nations, then such a procedure would make it a lot easier to initially verofy membership.

The other concern is that Article II Section 2 Clause 1 does not address a situation where an RA member's TNP nation of record is no longer in TNP at Nationstates. Unless the Speaker is notified by the appropriate official that the member's nation is out of the region on official business, the Speaker should be empowered to remove an RA member from the Assembly for CTE or for the lack of having a TNP nation on record with the Speaker. And it should be the duty of the RA member to keep that information current with the Speaker or the Speaker's designated deputy.
 
I wanted to suggest article III, section two to:

1. Assembly members who's nation has CTE'd (Ceased to Exist) that have been active on the forum 72 hours previous, shall get one warning via Private Message from the Speaker to create a new nation within 48 hours or be removed from membership automatically by the Speaker.
 
From my reading of this thread these are the remaining unsettled questions:

1. Should there be a provision to remove RA membership from those nations listed on the RA membership list that are no longer located in The North Pacific and are not absent due to official government business. It could require an inquiry, but there really needs to be something in order to prevent those who no longer reside in the region from voting in the RA and voting in elections.

2. Should there b a warning for removal due to CTE'd nations at nationststes?

3. Any other changes in the oath?

4. Should all current RA members be required to post the new oath as a condition of continued active RA member status? If there is such a requirement, how long should RA members have?

Assuming I'm reading the thread correctly, I'll go ahead and incorporate the change relating to the proxy server issue and the text of the oath as the discussion currently stands. L&C am I correct on that reading?
 
Assuming I'm reading the thread correctly, I'll go ahead and incorporate the change relating to the proxy server issue and the text of the oath as the discussion currently stands. L&C am I correct on that reading?
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Yes, thank you !

4. Should all current RA members be required to post the new oath as a condition of continued active RA member status? If there is such a requirement, how long should RA members have?
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I think this would be a good idea. It would give us a clear and easy way to establish a viable RA membership roster. I'm thinking that ten to fourteen days would be sufficient to provide for existing members to post the new Oath.

2. Should there b a warning for removal due to CTE'd nations at nationststes?
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While I think it would be nice to do so, it really is the responsiblity of each person to keep their nations alive and active. The burden of activity in-game and on-forum should be on the individual.

1. Should there be a provision to remove RA membership from those nations listed on the RA membership list that are no longer located in The North Pacific and are not absent due to official government business. It could require an inquiry, but there really needs to be something in order to prevent those who no longer reside in the region from voting in the RA and voting in elections.
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I don't think that an additional provision is needed. If someone is no longer located in TNP, and are not on official business, they have violated their Oath and can be removed.

3. Any other changes in the oath?
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I'm open to any suggestions.
 
UPDATED PROPOSAL TO INCLUDE SUBSEQUENT DISCUSSION

Here is the current text of the proposed law with the change in the proxy server and oath text. (I've also corrected the reference to "registered voter" to "Regional Asssembly member," since there is no such thing as registered voters these days.)



Regional Assembly Registration and Membership

Section One. A Law on Regional Assembly Registration and Membership is hereby adopted, as follows:
Article I

Membership Requirements

Section One

Membership in The North Pacific Regional Assembly does not require UN membership, in accorance with the TNP Bill of Rights.  However, the following requirements must be met and confirmed for membership.

1. Assembly member applicants must maintain a nation in The North Pacific.

2.  Each member Nation will by oath, abide by the Constitution of The North Pacific and The North Pacific Legal Code.

3.  Each member Nation shall refrain from the threat or use of force against the territorial integrity or political independence of any other nation or region in a manner inconsistent with the Constitution of The North Pacific.

4.  Each member Nation shall refrain from giving assistance to any nation or region against which The North Pacific is taking defensive or enforcement action. Exceptions shall be given to Nations acting with official authorization of the North Pacific Army or Intelligence Agencies, and is subject to the consent of the Cabinet.

5.  The use of a proxy server by an applicant for Regional Assembly member status is grounds for automatic denial of Regional Assembly member] application.

a. Proxy server usage is defined as the use of an IP connection with the intent of rendering a forum user anonymous, aka proxy spoofing, or any such practice designed to allow a member to have multiple accounts on the TNP forum.

Section Two

All Assembly applicants are require post the following Oath, as their application to join.  The Oath will be posted by the applicant in the thread provided by the Speaker of The Assembly.
Your TNP Nation's name
Your UN Nation's name

I, (forum user name), as the leader of The North Pacific nation of (your TNP nation's name), pledge loyalty to the Constitution, Bill of Rights and Laws of The North Pacific Region, and to act as a responsible member of its society.  I understand that if my Nation leaves The North Pacific region for reasons other than for official government business, that I may be stripped of my right to vote and required to reapply.  I pledge to only register one Nation to vote in The North Pacific.  I understand that my registration of, or attempt to register, multiple Nations to vote in The North Pacific shall warrant the summary withdrawal of my right to vote from all my Nations, past, present, and future, as well as possible expulsion from the Region. I further understand that if any nation under my control directly wages war against the North Pacific, or allies themselves with a region waging war, declared or not, against the North Pacific, this shall warrant the summary withdrawal of my right to vote from all my Nations, past, present, and future, as well as possible expulsion from the Region.  In this manner, I petition the Speaker of The Regional Assembly of The North Pacific region for membership in the Regional Assembly.
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Article II

Registrant Processing and Membership Confirmation

Section One

The Speaker of the Assembly, or a deputy so appointed by the Speaker, shall be responsible for processing and confirming the Assembly membership of applicants.

1. The Speaker shall provide and maintain a forum thread for the posting of Assembly applications.

2. The Speaker or assigned deputy, shall respond to applicant requests within 14 days. Failure to respond the the applicant within the specified period will result in automatic admittance of the applicant to the Assembly.

3. The Speaker will work with the forum Administrators and any Intelligence information provided to the Speaker, to ensure applicant compliance with membership eligibiliy.

4. The Speaker or assigned deputy will be responsible to maintain and post an updated list of Assembly members. The list shall be updated no less than once a month.

Article III

Member Removal

In accordance with Article II, Section Three of the Constitution, providing for the removal of unelected goverrnment members, the following methods and instances are provided for removal of Assembly members.

Section One

Violation of the Constitution or Laws of The North Pacific

1. Any Assembly member that has been found by due process to be in violation of the Constitution and Laws of The North Pacific shall be removed with immediate effect by The Speaker.

Section Two

Inactivity

1. Assembly members whose nation has CTE'd (Ceased to Exist) or who have moved out of The North Pacific when not on offical business shall be removed from membership automatically by the Speaker.
Inactivity

2. Assembly members who fail to indicate their activity on the forum by posting for over 30 days shall be removed from membership automatically by the Speaker.

Section Three

Proxy Use

Use of a proxy server by an Assembly member, without specific official TNP permission for Army or Intelligence purpose, is forbidden and is grounds for immediate removal from the Assembly.

1. Forum administrators shall inform the Speaker in the event that an Assembly member is found to be engaged in the use of a proxy server to access the forum.

2. Upon notification, the Speaker shall immedately remove the offending member from the Assembly.
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Section Two.. The Law contained in Section One of this Act shall take effect upon its adoption pursuant to the Constitution. Current members of the Regional Assembly are required to subscribe and execute the oath as enacted by the Law contained in Section One of this Act within one week after enactment pursuant to the Constitution.

Section Three., If, once seven days has elapsed after the Law contained in Section One of this Act takes effect, a member of the Regional Assembly has not executed such oath, they shall be suspended from membership in the Regional Assembly as well as any office or position they may otherwise hold in The North Pacific. This suspension shall be enforced by the use of a temporary mask by forum administration. Once the oath has been duly executed, the suspension shall be lifted promptly and without delay.
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Now, I wish to continue the conversation with L&C on a couple of points.

Lewis and Clark:
Grosseschnauzer:
4. Should all current RA members be required to post the new oath as a condition of continued active RA member status? If there is such a requirement, how long should RA members have?
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I think this would be a good idea. It would give us a clear and easy way to establish a viable RA membership roster. I'm thinking that ten to fourteen days would be sufficient to provide for existing members to post the new Oath.
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This is the procedure that was used when the application oath was last amended, and could serve as a basis for the process this time:

Section 2. This Amendment shall take effect upon its adoption pursuant to Article VII of the Constitution. Current members of the Regional Assembly are required to subscribe and execute the oath as modified by Section 1 of this Amendment within one week after this Amendment is adopted pursuant to Article VII of the Constitution.

Section 3, If, once seven days has elapsed after this Amendment takes effect, a member of the Regional Assembly has not executed the amended oath, they shall be suspended from membership in the Regional Assembly as well as any office or position they may otherwise hold in The North Pacific. This suspension shall be enforced by the use of a temporary mask by forum administration. Once the amended oath has been duly executed, the suspension shall be lifted promptly and without delay.
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Should we just adapt this? From a forum administration viewpoint, the suspended RA member mask already exists, so it would be a matter of tracking who has and has not complied. In addition, I wouldn't object if we wanted to give say, 10 days, rather than seven days.



Lewis and Clark:
Grosseschnauzer:
1. Should there be a provision to remove RA membership from those nations listed on the RA membership list that are no longer located in The North Pacific and are not absent due to official government business. It could require an inquiry, but there really needs to be something in order to prevent those who no longer reside in the region from voting in the RA and voting in elections.
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I don't think that an additional provision is needed. If someone is no longer located in TNP, and are not on official business, they have violated their Oath and can be removed.
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The problem is that under the current draft of this proposed law, the removal would have to be by due process, without any indication of what that entails. A full trial every time this happens (which is more frequent that some may realize) would be cumbersome and ineffective. I think the following would be a fair and viable alternative:

Section Two

Inactivity

1. Assembly members who's whose  nation has CTE'd (Ceased to Exist) or who have moved out of The North Pacific when not on offical business shall be removed from membership automatically by the Speaker.
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Really, I have no problem with any of that, I'd welcome it's incorporation into the proposal. Let's just make sure it points to the correct portion of the new constitution so that it's appropriately relevent.

And I don't have an objection to making the period granted for posting the Oath seven days rather than 10 or 14, especially since it apparently won't cause any additional masking headaches.

Enabling the Speaker to easy handle removals is certainly a good thing.
 
I've incorporated the additions L&C and I have discussed above and unless there is something further, this proposal will go to a vote of the Regional Assembly beginning at 0000GMT ON 10 January.
 
One of the applicants wwhose RA application has just sent me a PM because he can't find the appropriate thread (more accurately this subforum is limited to RA members for posting; which means we're going to have to either create a new subforunm for the applications under the RA area, or move voting and final discussion into a new third-level subforum and allow non-RA members access to this subforum so they can access the application thread.
(This subforum was limited as the result of a motion that was passed in the RA so it wasn't repealed by the new Constitution.)
 
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