Former English Colony; Removal from the Security Council

D

Democratic Donkeys

TNPer
It is with a measure of sadness and annoyance that I must announce Former English Colony's removal from the Security Council. She has failed to maintain her RA membership, and the rules do not allow for a suspension, only removal in this instance.
 
This is not a debate thread, merely a notification as required by Security Council procedure. Be annoying somewhere else. I seriously considered only including the first sentence for the very reason you just displayed.

Edit: You know what? It says I have to notify the RA, so I think I will lock this thread since that has been accomplished.
 
Since DD has locked the notification thread as to FEC's status on the Security Council, I will have to post my observations here.

There is noting I can find requiring a log in frequency for SC members who are not members of the RA. FEC, as is the case with all SC members under the recent amendments is not required to have RA membership. Further a failure to maintain requirements for SC membership, after a warning has been given, results in a suspension, not a removal.
The Law provides only three grounds for removal by the Vice Delegate, and logging into the regional forums is not one of the three grounds.

Article 6 of the Constitution:
1. Any person who meets any endorsement and influence requirements determined by law may apply to become a member of the Security Council.
2. The Security Council may approve applicants by a majority vote. The Regional Assembly may admit an approved applicant by a majority vote. If the Security Council does not approve an applicant or does not act on them within thirty days, the Regional Assembly may admit the applicant by a two-thirds majority vote.
3. The Security Council will monitor the region’s security and report on it to the public, and enforce decisions of the Regional Assembly to remove the Delegate.
4. The Regional Assembly may establish a line of succession beyond the Vice Delegate among the members of the Security Council by a majority vote. If a new member is admitted to the Security Council, they will be added at the end of the current line of succession. If a member is removed from the Security Council, they will be removed from the line of succession.
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Chapter 5 of the Legal Code:
1. Any laws regulating the activities of the Security Council must be listed in this chapter.
2. In this chapter, "Council" means the Security Council.
3. In this Chapter, the serving Delegate means the legal Delegate or, in the absence of a legal Delegate, the acting Delegate.

Section 5.1: Council Requirements
4. The influence requirement for members of the Council consists of an influence score (Soft Power Disbursement Rating) within The North Pacific greater than or equal to 270, though when a nation's influence score within The North Pacific is unknown as the displayed score may include significant influence within other regions, an influence rank within The North Pacific greater than or equal to Vassal may be substituted.
5. The minimum endorsement count for members of the Council is defined as 200 endorsements, or 50 per cent of the serving Delegate's endorsement count, whichever is lower.
6. The Vice Delegate must maintain an endorsement level of at least 75 per cent of the Delegates endorsement count.
7. Where the computation results in fractions, the count shall be rounded down.
8. The serving Delegate is exempt from endorsement requirements.

Section 5.2: Admission
9. Any person with an account on the regional forum and a nation in The North Pacific satisfying the influence requirement and endorsement count requirement may apply to join the Security Council.
10. An application which does not meet the appropriate requirements or ceases to meet them must be rejected.

Section 5.3: Enforcement
11. Whenever any Council member fails to meet any requirements to maintain their position, the Vice Delegate must warn them, and if the Council member does not come into compliance within eight days of the warning, the Vice Delegate must suspend them.
12. The Vice Delegate must remove members of the Council whose member nation no longer exists, voluntarily departs The North Pacific, or resigns from the World Assembly outside the needs of a NPA sanctioned mission.
13. The Vice Delegate must report any suspension or removal of a member of the Council to the Regional Assembly.
14. If a suspended member of the Council comes back into compliance with the endorsement and influence requirements, the Vice Delegate will reinstate them.
15. A majority of the Council may vote to determine that the continued membership in the Council of a member poses a security risk to The North Pacific and request approval from the Regional Assembly to remove the member from the Council.
16. The Speaker of the Regional Assembly will submit the request to an immediate vote of the Regional Assembly; approval will require a two-thirds majority.
17. The Council may task a member with taking actions required under this chapter in the absence of the Vice Delegate.
18. During any period when serving as acting Delegate, the Vice Delegate will be considered absent from the office of Vice Delegate.
19. If the Vice Delegate nation ceases to exist, voluntarily departs The North Pacific, resigns from the World Assembly, or fails to maintain an endorsement level within the range required of Council members for more than eight days, the Vice Delegate will be removed from office.

Section 5.4: Endorsement Gathering
20. The Delegate may eject or ban for reckless endorsement gathering any nation in The North Pacific which meets all of the following criteria:
21. It is not in the Council or holding the office of Delegate or Vice Delegate.
22. It has been reported to the Delegate as a possible threat to regional security by the Council.
23. It has continued actively gathering endorsements after two warnings against gathering endorsements sent at least two days apart from each other.
24. It has more endorsements than 50 fewer than the Vice Delegate or 75 per cent of the Delegate's endorsement level, whichever is least.
25. The Delegate may eject or ban for reckless endorsement gathering any nation in The North Pacific which exceeds the Vice Delegate's endorsement count.
26. Nations banned for reckless endorsement gathering must remain banned at least until they update outside The North Pacific.
27. Non-incumbent candidates for Delegate or Vice Delegate may not obtain an endorsement level during the election cycle greater than the level authorized for members of the Security Council under this chapter.

Section 5.5: Sanity
28. The Security Council Law is to be applied in a reasonable manner.
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The current version of the Regional Security Law, and the Regional Security article of the Constitution, make no reference to removal of an SC member for not logging in on the forums. It is possible for an SC member to give and receive endorsements without logging in; and in any event the Vice Delegate must give a notice to the SC member involved and 8 days to come back into compliance before a member can be suspended.

It would seem to me that at best, FEC might be suspended from the Council, and once she logs onto the forums again, she would be reinstated. And that assumes she can be suspended for not logging in, and I can't find that requirement for SC members.
 
The clearest point here is the below constitutional provision:

Article 7. General Provisions:
6. All government officials, with the exception of members of the Security Council, must maintain membership in the Regional Assembly while in office.
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Edit: On the other hand:

Legal Code:
7. A "vacancy" in an office occurs when the holder of it resigns, is removed, or abandons it . An office is abandoned when its holder does not log onto the regional forums for two weeks without prior notice, or when an election winner or appointee fails to post the Oath of Office. Pending an election, a vacancy may be temporarily filled as provided by the Constitution, this Legal Code, or a rule adopted by the appropriate body.
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I'm not sure how that would apply in this case.
 
On the presumption that DD was not acting in his capacity as Global Moderator when locking this thread, but instead in his capacity as Vice Delegate, an office that does not govern what this Assembly may and may not debate, I have merged and unlocked the thread. If I am mistaken and DD was acting in his capacity as Global Moderator, I yield to ADMIN to decide whether my actions are appropriate.
 
I believe we have already established in the past that RA membership is a requirement, one which can be overwritten, to obtain SC membership.

It is not, however, a requirement to maintain membership.

Codified Law of The North Pacific - Chapter 5: Regional Security Law:
Section 5.1: Council Requirements
4. The influence requirement for members of the Council consists of an influence score (Soft Power Disbursement Rating) within The North Pacific greater than or equal to 270, though when a nation's influence score within The North Pacific is unknown as the displayed score may include significant influence within other regions, an influence rank within The North Pacific greater than or equal to Vassal may be substituted.
5. The minimum endorsement count for members of the Council is defined as 200 endorsements, or 50 per cent of the serving Delegate's endorsement count, whichever is lower.
6. The Vice Delegate must maintain an endorsement level of at least 75 per cent of the Delegates endorsement count.
7. Where the computation results in fractions, the count shall be rounded down.
8. The serving Delegate is exempt from endorsement requirements.
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Nowhere does it state that RA membership is required. Therefore, by the letter of the law, this removal is illegal.
 
The law was changed, Blue Wolf II. That said, you are correct that Regional Assembly membership is not a requirement to keep Security Council membership.
 
The prerequisite to any action is a warning from the Vice Delegate to the member involved. Assuming there is a requirement not being met, there is nothing to show that the Vice Delegate has notified FEC to come within compliance within 8 days.
 
My apologies, I was playing by the rulebook of the Eluvatar removal. I was not aware that RA membership was no longer a requirement to maintain SC membership. I have also been informed, though I could not find the thread, that FEC has an exemption from the RA requirement. In light of the facts brought to my attention, FEC will remain on the roster. I had not struck her from it yet.
 
Grosseschnauzer:
The prerequisite to any action is a warning from the Vice Delegate to the member involved. Assuming there is a requirement not being met, there is nothing to show that the Vice Delegate has notified FEC to come within compliance within 8 days.
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No it is not, as in this case, there are certain ambiguous situations not outlined in the procedure. An 8 day warning is for a specific set of circumstances that did not apply to this action.

I do not want to remove FEC from the SC, as we need to try to maintain numbers. I was only trying to apply the law to the best of my knowledge, which was apparently mistaken. I apologize for any undue stress this may have caused to anyone.
 
Democratic Donkeys:
Grosseschnauzer:
The prerequisite to any action is a warning from the Vice Delegate to the member involved. Assuming there is a requirement not being met, there is nothing to show that the Vice Delegate has notified FEC to come within compliance within 8 days.
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No it is not, as in this case, there are certain ambiguous situations not outlined in the procedure. An 8 day warning is for a specific set of circumstances that did not apply to this action.

I do not want to remove FEC from the SC, as we need to try to maintain numbers. I was only trying to apply the law to the best of my knowledge, which was apparently mistaken. I apologize for any undue stress this may have caused to anyone.
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Clause 11 of Chapter 5 which I previously quoted in the earlier post applies to:

Whenever any Council member fails to meet any requirements to maintain their position, the Vice Delegate must warn them, and if the Council member does not come into compliance within eight days of the warning, the Vice Delegate must suspend them.
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Removal for failing to log in would be "fail[ing] to meet any requirements to maintain their position," which is the condition precedent to require a warning from the Vice Delegate.

It doesn't matter in that instance if the definition of vacancy is applicable or not, and since the Security Council is a unique creature in our system of government in which there is no such thing as a vacancy since each member's status is unique and cannot be individually replaced as a vacancy, I would suggest that the definition of vacancy does not apply to Security Council membership. If we need a court opinion it,fine; if we need to clarify that the vacancy definition does not apply to the Security Council by a new bill, that's fine, too. But the intent of the recent SC amendments were to simply things as to the status of SC members and to use suspension rather than removal in order to simply a member's return to an active status on the SC.
 
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