Executive Confidence Act

Wonderess

Wonderess

"I will be true to you whatever comes."
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TNP Nation
Castle in Confidence
Discord
.wonderess
The following section shall be added to the Legal code.

Section 4.7: Special Elections

35. A special election will be held in the event of a vacancy in any elected office or position, unless the election would be unable to conclude prior to two weeks before the beginning of the next scheduled election cycle for that office.

36. Special elections will follow the same procedures as regularly scheduled elections for the vacant office.

Section 4.8: Confirmation of Appointed Non Constitutionally Mandated Officials

37. Any appointment made by the Delegate must be confirmed by a simple majority vote of the Regional Assembly.

38. The process by which the confirmation process is carried out shall be governed by the Standing Procedures of the Regional Assembly
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This legislation would apply to any appointments made after this section goes into affect which would include the filling of vacancies during a Delegate's term. I have proposed this so that the Regional Assembly could play a more active role in the ongoing operations of the government while also giving citizens the opportunity to provide the Delegate insight into candidates. This action does not represent a lack in confidence of the Delegate's ability to choose their executive council. This act wishes to strengthen the standing of that council by allowing the Regional Assembly to express its confidence and support of the government which can only strengthen the Executive Branch and ensure the appointment of ministers and such who are truly passionate about their office and willing to be transparent about their contributions and mistakes to the region as a whole.
 
There's a certain amount of trust that goes into selecting a minister. The Delegate needs to have this trust in his staff and confidence that they can get the job done. I would imagine that the RA would also trust the Delegate to choose an upstanding government staff. If the RA didn't, then why did they vote the Delegate in?

I do not support this bill.
 
Sil Dorsett:
There's a certain amount of trust that goes into selecting a minister. The Delegate needs to have this trust in his staff and confidence that they can get the job done. I would imagine that the RA would also trust the Delegate to choose an upstanding government staff. If the RA didn't, then why did they vote the Delegate in?

I do not support this bill.
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I do not disagree with anything you have said. However, say that Candidate A has a history that the Delegate is unaware of. Perhaps the members of the RA could shed some light and help the Delegate to more fully understand who they have chosen as a candidate. I think amending the law books to allow this is a responsible and even uncontroversial choice. I believe that most confirmations would be a rubber stamp. However, there may be a circumstance when it becomes necessary. Besides, the amount of turnover that certain ministries have experienced perhaps could be avoided by holding candidates accountable. These ministers hold quite a bit of power for not being elected so it is only fair that the representative body of the citizenry should play a role in the choosing process.



I want to further emphasize that this legislation in no way is targeting the character of Siwale our current Delegate. I believe this change could aid the government to be ever more transparent and strengthened regardless of the individuals who old office.
 
So let's actually get into the nitty-gritty of what this bill will actually do... Start the clock.

The delegate would have to make their proposal to the RA on who they want to serve as ministers. Nominally the delegate would then immediately motion for a vote, but would have to wait for someone to second the motion. A second person motions for a vote, and the speaker has to schedule the vote. Since this is a non-legislative proposal, I believe there is no 5-day formal debate period, but enough citizens can still object to the scheduling of a vote and further delay proceedings if successful.

Let's say the scheduled vote kicks off. The speaker would hopefully set the time limit to 3 days but has a maximum available to them of 7 days. So let's say voting is completed and someone actually fails the vote. They don't get selected as Minister and their ministry remains under the direct control of the Delegate. Remember, throughout this whole time, the Delegate would have to run every ministry.

If someone fails, then the delegate has to select a new candidate that must go through the same motioning, scheduling of a vote, and the vote itself, all of which takes time. Also remember that throughout this whole time there are no Deputy Ministers because there's no Minister to appoint them.

How would you solve this immense lapse in leadership in each of the ministries?
 
Wonderess:
The following section shall be added to the Legal code.

Section 4.7: Special Elections

35. A special election will be held in the event of a vacancy in any elected office or position, unless the election would be unable to conclude prior to two weeks before the beginning of the next scheduled election cycle for that office.

36. Special elections will follow the same procedures as regularly scheduled elections for the vacant office.

Section 4.8: Confirmation of Appointed Non Constitutionally Mandated Officials

37. Any appointment made by the Delegate must be confirmed by a simple majority vote of the Regional Assembly.

38. The process by which the confirmation process is carried out shall be governed by the Standing Procedures of the Regional Assembly
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This legislation would apply to any appointments made after this section goes into affect which would include the filling of vacancies during a Delegate's term. I have proposed this so that the Regional Assembly could play a more active role in the ongoing operations of the government while also giving citizens the opportunity to provide the Delegate insight into candidates. This action does not represent a lack in confidence of the Delegate's ability to choose their executive council. This act wishes to strengthen the standing of that council by allowing the Regional Assembly to express its confidence and support of the government which can only strengthen the Executive Branch and ensure the appointment of ministers and such who are truly passionate about their office and willing to be transparent about their contributions and mistakes to the region as a whole.
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Section 4.2: Election Law Definitions

6. "Abstentions" are not votes for or against any candidate, and may not be used to determine the results of any election. They may be used for quorum, activity, or other purposes.
7. "Candidates" are those citizens who, during the period of the election designated for candidacy declarations, declare themselves or accept a nomination by another citizen as a candidate for an office to be chosen at that election.
8. "Election" is defined as the period of time that begins on the first day on which candidacy declarations can be made and concludes with the final declaration of results for an election.
9. 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.
10. An "absence" in an office means that the holder of the office is by law temporarily prevented from exercising the duties of their office. An absent officer may be replaced for the duration of their absence as provided by the Constitution, this Legal Code, or a rule adopted by the appropriate body.
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The Legal Code, Constitution, Bill of Rights, AND Regional Assembly Rules don't mention filling in the abstains/vacancies of ministers nor do they mention replacing the Delegate, that is the Security Council's job.. But
Article 2. The Regional Assembly

1. Resident means any person with a nation in the region of The North Pacific.
2. The Regional Assembly will consist of all citizens.
3. Requirements for citizenship will be determined by law.
4. The Regional Assembly may enact, amend or repeal laws by a majority vote.
5. The Regional Assembly may remove a government official from office by a two-thirds majority vote.
6. The number of votes required to achieve quorum for any vote of the Regional Assembly except elections will be determined by law.
7. The Regional Assembly will elect a Speaker every four months by a majority vote.
8. The Speaker will administer the rules of the Regional Assembly. Where no rules exist, the Speaker may use their discretion.
9. Abstentions cast in the Regional Assembly will not be used to determine the result of any vote, but may be used for quorum and all other purposes.
10. The Speaker may appoint deputies to assist them in the execution of any of their powers and duties. Appointment of deputies may be regulated by law and the rules of the Regional Assembly.
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They say Remove, not Appoint, and if your trying to amend either of these laws, i suggest looking at this again:
10. An "absence" in an office means that the holder of the office is by law temporarily prevented from exercising the duties of their office. An absent officer may be replaced for the duration of their absence as provided by the Constitution, this Legal Code, or a rule adopted by the appropriate body.
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Now I may be reading this the wrong way, I still think a Ministry should adopt their own acting Minister as they are the appropriate body of the Minister's Ministry.. In the end, i will not support the bill..
 
Sil Dorsett:
So let's actually get into the nitty-gritty of what this bill will actually do... Start the clock.

The delegate would have to make their proposal to the RA on who they want to serve as ministers. Nominally the delegate would then immediately motion for a vote, but would have to wait for someone to second the motion. A second person motions for a vote, and the speaker has to schedule the vote. Since this is a non-legislative proposal, I believe there is no 5-day formal debate period, but enough citizens can still object to the scheduling of a vote and further delay proceedings if successful.

Let's say the scheduled vote kicks off. The speaker would hopefully set the time limit to 3 days but has a maximum available to them of 7 days. So let's say voting is completed and someone actually fails the vote. They don't get selected as Minister and their ministry remains under the direct control of the Delegate. Remember, throughout this whole time, the Delegate would have to run every ministry.

If someone fails, then the delegate has to select a new candidate that must go through the same motioning, scheduling of a vote, and the vote itself, all of which takes time. Also remember that throughout this whole time there are no Deputy Ministers because there's no Minister to appoint them.

How would you solve this immense lapse in leadership in each of the ministries?
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I have given thought to these problems. This is the sole purpose of proposed statute 38 which allows the speaker to create an expedited process in the standing procedures. Another problem is the two maximum motions that can be put to a vote. I would like to have that rule not apply to nominations to make it easier to get the confirmations passed. I think the previous ministers should hold their office until a new nominee is confirmed to take their place.

I think allowing three days for formal debate and "hearing" which would include the candidates would suffice followed by the five day vote. This could get a nominee through in eight days which I think are worth assuring quality government officials. If they are rejected, then the delay is worth it if it assures a candidate who holds the confidence of the citizenry is brought into office.
 
"Another problem is the two maximum motions that can be put to a vote." Only applies to legislative votes. Also, because this would be non-legislative, there is also no formal debate period. Sure, that helps you in that it shortens the time to passage, but it does need said.
 
Wonderess:
Dinoium, I find your response confusing. It is important to point out that government official is a term that refers to those elected by the region. The ministers do not fall under that definition and therefore or open to be governed separately from the elected officials.
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Officials appointed by elected officials are still government officials. I suggest a re-read of Article 7 of the Constitution.
 
Wonderess:
It is important to point out that government official is a term that refers to those elected by the region.
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That's not true.

Government officials are the constitutionally-mandated elected officials, any officials appointed by them as permitted by law, and members of the Security Council.
 
Article 3. The Delegate and Vice Delegate

1. The Delegate will be the head of state and government of The North Pacific and hold the in-game position of delegate.

2. The Delegate may eject and ban nations from the region as permitted by law, and will eject or ban nations from the region when required by law.

3. The Delegate may negotiate treaties with foreign powers. No treaty will come into effect unless approved by a two-thirds majority vote of the Regional Assembly.

4. When a proposal of the Regional Assembly to enact, amend or repeal a law is passed, the Speaker shall promptly present it to the Delegate, and it shall take effect immediately upon their signature.

5. The Delegate may veto a proposal of the Regional Assembly to enact, amend or repeal a law within one week of its passage.

6. The Regional Assembly may override such a veto by a two-thirds majority vote, which shall cause a proposal to take immediate effect.

7. If a proposal of the Regional Assembly to enact, amend or repeal a law has not been signed or vetoed by the Delegate, it shall take effect seven days after being passed.

8. The Delegate may appoint executive officers to assist them and may dismiss these officers freely. Executive officers may be regulated by law.

9. The Vice Delegate will chair the Security Council and enforce the continued eligibility of its members as determined by law.

10.. The Vice Delegate will hold the second most endorsements in the region. The Delegate may eject or ban any nation which exceeds any legally mandated endorsement limit.

11. In the case of a vacancy or absence in the office of Delegate or Vice Delegate, the first available person in the line of succession will assume the duties of the vacated position. If a member of the line of succession assumes the duties of either position while serving in, or having assumed the duties of, any other constitutionally-mandated elected office, they will be considered absent from that office.

12. The Delegate and Vice Delegate will be elected by the Regional Assembly by a majority vote every four months. No person shall be elected Delegate to a full or partial term in three consecutive election cycles.
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I believe this ability to regulate would allow this legislation the authority to accomplish its goal.
 
Darcania:
Wonderess:
Dinoium, I find your response confusing. It is important to point out that government official is a term that refers to those elected by the region. The ministers do not fall under that definition and therefore or open to be governed separately from the elected officials.
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Officials appointed by elected officials are still government officials. I suggest a re-read of Article 7 of the Constitution.
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Article 7. General Provisions

1. Constitutionally-mandated elected officials are the Delegate, Vice Delegate, Speaker, Justices, and Attorney General.
2. Government officials are the constitutionally-mandated elected officials, any officials appointed by them as permitted by law, and members of the Security Council.
3. The executive category consists of the Delegate, Vice Delegate, Attorney General, and government officials appointed by government officials in the executive category.
4. The legislative category consists of the Speaker, and government officials appointed by government officials in the legislative category.
5. The judicial category consists of the Justices, and government officials appointed by government officials in the judicial category .
6. Any temporary replacement for a government official in the case of an absence or vacancy will be considered a government official in the branch of the official being replaced, regardless of the method of their selection.
7. All government officials, with the exception of members of the Security Council, must maintain citizenship while in office.
8. All government officials will swear an oath of office. The content of these oaths will be determined by law and be legally binding.
9. No person may simultaneously serve in more than one constitutionally-mandated elected official positions.
10. No person may simultaneously serve in government official positions in more than one of the executive, legislative, or judicial categories. Exceptions to this provision may be established by law.
11. Candidates in any election must maintain citizenship for the fifteen days before the opening of candidacy declarations and throughout the election.
12. Government bodies may create rules for their own governance subordinate to this constitution and the laws.
13. Procedures to fill vacancies and absences in constitutionally-mandated elected offices may be established by law.
14. No law or government policy may contradict this constitution.
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For one, Wonder's Act here for for the Executive Branch which is made up of the Delegate, Vice Delegate, Attorney General, and Government officials appointed by government officials in the executive category. Hear that, Government officials appointed by government officials, like i stated before, their own ministry should appoint their own minister if the sitting one appointed by the Delegate is Abstain or Vacant, just like we have temporary hearing officers when the court justices rescue their selves but in a different matter, Ministers not elected but are voted on, there's a difference here, and it's only temporary..
Heck this bill mentions Executive in it!!
 
Yes, sorry for the mistake earlier. I think asking ministries to elect their own head (that is what I think you are suggesting) is a bit of a headache. There would be no one to tally the votes and record keeping it would be quite the hassle. The use of the RA allows for a checks and balance relationship between the Delegate and the RA specifically. I also do not know if there are official lists of each ministry's members.
 
Wonderess:
Yes, sorry for the mistake earlier. I think asking ministries to elect their own head (that is what I think you are suggesting) is a bit of a headache. There would be no one to tally the votes and record keeping it would be quite the hassle. The use of the RA allows for a checks and balance relationship between the Delegate and the RA specifically. I also do not know if there are official lists of each ministry's members.
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It doesn't need to be, just ping the ministry and call for a vote.. we don't need to keep track when the ministry already has it's pick on the table, i would prefer a DM be a candidate for the minister and see what they want, a short vote agreed upon the DMs..
 
So far it's mostly a 2 nays against 0 years and 0 abstains if you wanted to say that even tho this is not in formal debate, me and Sil and already explained how this is a bad act and in my opinion, you just withdraw it because if it goes into formal debate and into a vote, it's gonna fail, so unless you want to keep up a clear good record of a reputation, i suggest withdrawing and seem like this never happened..
 
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Wow that is quite the challenge, sir. Regardless of the two points of view I have heard so far, it is my job as a citizen of this region to propose ways its which it could be made more perfect. Having a bill fail is not a reason to cower into a corner because it provoked conversation and insight into our system of government. As for the fate of this legislation, I have not given up. It is too early to say that this is a failing piece of legislation.
 
I think someone mentioned the phrase "rubber stamp." Not being a fan of excessive red tape, I would need a pretty good reason to want to institute a series of confirmation votes.

For a very long time, ministers were elected directly by the RA. The RA held the power. As it turned out in practice, the elected cabinet could not always work together as a team, and it proved to be too much of a check on the Delegate's power. Once that system was abandoned, the Delegate gained complete control of the cabinet. This proposal would shift power slightly away from the Delegate.

So the fundamental issue we are addressing here is the balance of power. Does the RA believe there is too much power ceded to the Delegate? If so, why? And is this the best way for the RA to address it?
 
Firmly against this measure. RA confirmation votes for the cabinet are unnecessary and would delay getting work started at the beginning of terms. Overall, I think this amendment to the legal code would be a step backwards.
 
Unnecessary bureaucracy which can only hinder the government from functioning efficiently. Against.
 
I understand the "more government" concerns that have been put forward. The main purpose of this legislation is to run a check of sorts on the candidates of the cabinet. A Delegate no matter how trustworthy is still one person. It is possible that a nominee of theirs has a red flag or issue that is unbeknown to the Delegate. I believe that the experienced members of this assembly have a part to play to confirm the candidates to show that such candidates have confidence to do their job. It has been said that historically, the RA elected all cabinet members. This I agree is a bit extreme. Now, the Delegate chooses their own members unchecked. We are now in the era of the opposite extreme. I propose the middle ground between these two processes. The Regional Assembly must do its job as a congressional branch and check the Executive if this is truly a three branch government.

I think it is important to add that the RA has seen severe periods of no activity. This legislation will allow the RA to have a set function on top of its lawmaking abilities. This power is not an alien concept. The American system utilizes this confirmation process. The United States Senate utilizes its power to confirm the cabinet members of the President as a means to analyze the credentials and character of the candidate. I ask that you think deeply about the need for more collaboration between the Delegate in the RA. Let this legislation be the first step to building a bridge that ensures active government!
 
Wonderess:
I understand the "more government" concerns that have been put forward. The main purpose of this legislation is to run a check of sorts on the candidates of the cabinet. A Delegate no matter how trustworthy is still one person. It is possible that a nominee of theirs has a red flag or issue that is unbeknown to the Delegate. I believe that the experienced members of this assembly have a part to play to confirm the candidates to show that such candidates have confidence to do their job. It has been said that historically, the RA elected all cabinet members. This I agree is a bit extreme. Now, the Delegate chooses their own members unchecked. We are now in the era of the opposite extreme. I propose the middle ground between these two processes. The Regional Assembly must do its job as a congressional branch and check the Executive if this is truly a three branch government.

I think it is important to add that the RA has seen severe periods of no activity. This legislation will allow the RA to have a set function on top of its lawmaking abilities. This power is not an alien concept. The American system utilizes this confirmation process. The United States Senate utilizes its power to confirm the cabinet members of the President as a means to analyze the credentials and character of the candidate. I ask that you think deeply about the need for more collaboration between the Delegate in the RA. Let this legislation be the first step to building a bridge that ensures active government!
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If all of the Executive Council was appointed by the Regional Assembly, that would mean the Delegate be too, the delegate chooses who gets to be in Cabinet and the Regional Assembly isn't the Executive Branch of The North Pacific.. Let me show you the current Government of The North Pacific
TNP-Government1526259229.png

The Speaker of The Regional Assembly is part of the Legislative Branch while the Delegate and his Cabinet are part of the Executive Branch, that's why they're called executive officers.. The 2 Branches are separate for dang good reason, they are rival branches and if they worked together, i doubt anything would go right.. They would disagree on certain things, so we must ask the Judicial Branch to handle it theirselves, with a scandal could be found with a endo for their side and anarchy would ring all over, of course we can't just illegal corruption since this is a game, not Real Life... Like i said before, I vote against!!
 
Wonderess, you have to remember that this is a internet forum game. Unlike real politicians, this isn't a job where we spend 8+ hours a day going over bills, resolutions, and confirmations in session and in committee. It's a game where people pop in every once in a while, do something, and go about their daily business.

A delegate's term is also 4 months compared to 4 years for a US President. That's 1/12th of the time. It would take close to 1/8th of the Delegate's term to proactively vet every candidate and confirm them. It's not worth it when we already have a reactive method of removing someone to proves to be a problem.
5. The Regional Assembly may remove a government official from office by a two-thirds majority vote
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That includes Ministers. Remember what you missed earlier in the thread. Ministers are government officials. Also, I get you're trying to stop a red-flagged candidate from getting into the government, but given that this is a game, I think we should be open to giving people chances to show that they've changed and can contribute to the community at a high level. They'll be made an example of if they fail to do that. We have the mechanisms in place already to do that.
 
Very Well. Thank you Sil Dorsett for your opinion and understanding. Dinoium, checks and balances are a normal device used in government. This legislation proposed nothing different.

Given the general opinion of the RA I have seen, I will not pursue a vote on this legislation lest it be futile. I thank everyone for participating in the conversation. It is the friendly debate that truly forms the heart of the Regional Assembly. I will continue proposing legislation that I believe could better the region whether it be a hit or a miss.

See y'all in the next bill!

In faith,
Wonderess
 
A quick note: if there's a candidate for a ministerial office that is utterly repulsive and a major red flag then it's important to get the message out there in some manner. The Delegate can hire and fire at will, and if something is made known to them (I'd recommend privately at first) then it'll give them a chance to correct things. If the Delegate declines to act, then you can always come to the RA and make your concerns known - the Delegate cannot stop you.
 
Deropia:
Firmly against this measure. RA confirmation votes for the cabinet are unnecessary and would delay getting work started at the beginning of terms. Overall, I think this amendment to the legal code would be a step backwards.
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I agree with this firmly and connot support this bill.
 
Wonderess:
Very Well. Thank you Sil Dorsett for your opinion and understanding. Dinoium, checks and balances are a normal device used in government. This legislation proposed nothing different.

Given the general opinion of the RA I have seen, I will not pursue a vote on this legislation lest it be futile. I thank everyone for participating in the conversation. It is the friendly debate that truly forms the heart of the Regional Assembly. I will continue proposing legislation that I believe could better the region whether it be a hit or a miss.

See y'all in the next bill!

In faith,
Wonderess
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:tb1:
I thought you were going to try to move for a vote and go into full formal debate but i guess not, i thank for at least trying but please remember when I and other Region Assembly Members said and it'll help you become speaker one day!!
 
Dinoium:
Wonderess:
Very Well. Thank you Sil Dorsett for your opinion and understanding. Dinoium, checks and balances are a normal device used in government. This legislation proposed nothing different.

Given the general opinion of the RA I have seen, I will not pursue a vote on this legislation lest it be futile. I thank everyone for participating in the conversation. It is the friendly debate that truly forms the heart of the Regional Assembly. I will continue proposing legislation that I believe could better the region whether it be a hit or a miss.

See y'all in the next bill!

In faith,
Wonderess
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:tb1:
I thought you were going to try to move for a vote and go into full formal debate but i guess not, i thank for at least trying but please remember when I and other Region Assembly Members said and it'll help you become speaker one day!!
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I appreciate the advice, but I have no intention of being a timid citizen of this region just to ensure political gain. I would hope that my dedication enough would show people that I would be faithful in any office including my current job as Deputy Speaker. I am firm believer in region before individual.
 
More bureaucracy is a waste of time and would serve to discourage the ministers if they get lots of Nay votes yet end up winning; I disagree with confirmation votes for appointed ministers.

~Lady Yuno
 
For what it's worth, there's nothing stopping the RA from holding non-binding confirmation votes, if it wishes to signal its support for the ministers a delegate has chosen to appoint. They wouldn't do anything whether they passed or failed, but if you're looking for a gesture of support, I think that would be sufficient.
 
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