Discussion: Review of Todd McCloud's removal from RA

Hileville

Hileville

TNPer
TNP Nation
Hileville
Discord
Dennrick#0489
http://forum.thenorthpacific.org/topic/6904741 < Very important thread for this discussion.

To summarize Todd McCloud should have been masked on March 29 but wasn't masked until April 4. So he ended up missing 2 votes in the RA and was removed. He is arguing he shouldn't have been removed because he shouldn't have been able to vote in one of the 2 votes he missed because he was masked in the middle of it and the other vote he had voted Present which Govindia made that vote invalid and gave time for Todd to change it.

So lets start out with these topics:

1. Todd should have been masked on March 29 but wasn't so is it his fault that he missed the one vote that ended on the 4/6 after he was masked on 4/4?

2. The second vote that he missed he stated Present and at the time that vote was valid but then changed by Govindida and he was told that it needed to be changed but never did so.

So please comment on these. I am reviewing the applicable laws now and will post more later tonight.
 
So really the question here is when does someone become a member of the Regional Assembly. Is it when they are approved or when they are masked.

Regional Assembly Registration and Membership
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 to 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 eligibility.

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.

5. No one shall be admitted or re-admitted to the Assembly when a vote is in progress on any legislative matter within the Assembly. Admission shall be effective at the conclusion of such voting.

6. No one shall be admitted or re-admitted to the Assembly when an election or special election is in progress. Admission shall be effective once the election results are announced.

Article III

Member Removal

In accordance with Article II, Section Three of the Constitution, providing for the removal of unelected government 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 official business 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 unless a notice of absence was submitted to the Speaker before the absence takes place.

3. Assembly members who have missed two consecutive votes on any Regional Assembly items shall be removed from membership automatically by the Speaker, unless a notice of absence was submitted to the Speaker before two consecutive votes occur.

4. As used in this Section.

A. "Two consecutive votes" are defined as two votes on any items that are conducted at different time intervals of at least 3 days between the start of each vote, but are voted one after another. Votes on two or more items at the same time are not defined as two consecutive votes.
 
In my opinion, you are not officially a member of the Assembly until one of two things happens, either the Speaker approves the application or the 14 day rule is invoked. The Admins who mask the person have no authority to grant Regional Assembly membership. Of course, if they are approved and the Admins don't mask them, we can't fault the member for that, but I think my point still stands.

The Law is clear. No one is to be admitted during a vote or election, and Todd was admitted during the vote; therefore, his admittance was illegal, and I do not believe that he should be held accountable for the first vote.
 
Ruling of the Court of the North Pacific​
In regards to the request for review made by Eluvatar on Todd McCloud's removal from the Regional Assembly​

The Court took into consideration the following:

Article 2:
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 to 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 eligibility.

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.

5. No one shall be admitted or re-admitted to the Assembly when a vote is in progress on any legislative matter within the Assembly. Admission shall be effective at the conclusion of such voting.

6. No one shall be admitted or re-admitted to the Assembly when an election or special election is in progress. Admission shall be effective once the election results are announced.
Click to expand...

as well as:

Article 3:
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 official business 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 unless a notice of absence was submitted to the Speaker before the absence takes place.

3. Assembly members who have missed two consecutive votes on any Regional Assembly items shall be removed from membership automatically by the Speaker, unless a notice of absence was submitted to the Speaker before two consecutive votes occur.

4. As used in this Section.

A. "Two consecutive votes" are defined as two votes on any items that are conducted at different time intervals of at least 3 days between the start of each vote, but are voted one after another. Votes on two or more items at the same time are not defined as two consecutive votes.
Click to expand...

in addition the Court also took into consideration the following:

Relevant parts of the Bill of Rights:
3. Participation in the governmental authorities of the region is voluntary.

10. Each Nation entitled to a vote in any manner under the fundamental laws of the region is entitled to the equal treatment and protection of that Nation's right to vote.
Click to expand...

The Court has determined that Todd McCloud was removed from the Regional Assembly illegally as the two votes that he was said to have missed overlapped. Todd McCloud had his rights violated by wrongly being stripped of his Regional Assembly membership. Furthermore the Court has determined that Todd McCloud being masked in the middle of a vote wrong. The administration staff needs to be more careful when masking new members of the Regional Assembly.

The Court hereby orders the following:

1. Todd McCloud's membership in the Regional Assembly must be restored immediately and will be effective from March 29, 2012 when he was accepted.

2. All votes in which Todd McCloud has missed since his removal cannot count against a removal from the Regional Assembly.


The Court also recommends the following:

1. Article 3, Section 2, Clause 1 contains a typo which includes "]" after the word "whose". This should be fixed immediately.


Please let me know if the above is okay.
 
You must log in or register to reply here.
Back
Top