Extension of Border Control Powers to Nessuno

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Pallaith

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Pursuant to Chapter 7, Clause 9 of the Legal Code:
In the event of a Delegate Emergency, or with the permission of a majority vote of the Regional Assembly, the Serving Delegate may assign Border Control powers to any member of the Security Council.

As you are all aware, there is an ongoing discussion about adjusting the laws related to Border Control. These changes are intended to account for the fact that the Delegate and Vice Delegate are both members of the Security Council and occupy the places in the Line of Succession that are normally from where we draw our additional Border Control officers. The question of how to adjust the law for this will take additional time to resolve, so in the meantime I would like to move forward utilizing the options we have at our disposal.

I request the RA's permission to extend Border Control powers to Nessuno. As our Lead Gameside Advocate, Nessie keeps a watchful eye on the RMB and is typically the first to spot the need for BC action for much of the day. Aside from GBM, there is no other member of the SC who is as consistently present and available to utilize these powers, particularly in a time of day when many of us are unavailable. As a member of the SC, I would also say that I would rather not change the Line of Succession simply to give another member of the SC access to BC powers, because changes to the LoS should consider many other, more crucial factors than who has BC. This is, I'm sure, why the Legal Code has the provision I am invoking right now.

I open the floor to you for your thoughts and feedback.
 
"I feel sorry for you, Earldoms. Thanks to the support of our assembly, we're about to defeat you, and that is something you'll never understand."

Let's make it happen.
 
Full Support. Giving Nessie BC powers will help alot with quicker banjections of spammers.
 
I support this because that other day, a spammer named M-I-L-F came onto the RMB, and none of the border control officers were online except Nessie. MILF proceeded to repeatedly call everyone gay even though when pinged and told to shut up, he proceeded to accuse that person for ‘being into MILFs’ and NS mods took an hour to suppress his posts so he spammed up in that time https://www.nationstates.net/page=display_region_rmb/region=the_north_pacific?start=1043300
 
As a GA full support for this, more border control/suppress coverage we have the better. The RMB moves fast, we can't really afford to skimp on giving people the means to moderate it effectively.
 
The feedback is universally positive and the matter is rather straightforward. I would like to motion for a vote.
 
We definitely need more coverage for Border Control, and Nessie is the logical choice.
As for "accidental" banning, it is easier than it should be. There is no "confirm" screen. It's just "poof." :banned:

Just say it was an "accident" and your extralegal ejection of even a longstanding TNP member will be celebrated as a hilarious joke and not an abuse of power.
 
While I think Nessie is more than capable of wielding BC powers responsibly, I don’t believe the Delegate is utlizing Chapter 7, Clause 9 appropriately. Moderating the RMB is not a matter of regional security. In an effort to preserve this clause’s original intent, I will be voting against.
 
While I think Nessie is more than capable of wielding BC powers responsibly, I don’t believe the Delegate is utlizing Chapter 7, Clause 9 appropriately. Moderating the RMB is not a matter of regional security. In an effort to preserve this clause’s original intent, I will be voting against.

I wrote to Nessuno to also explain why I am voting against. I have no problem with Nessuno having border control power but not in this manner.

It is for the above reason and also because I think the line of succession should instead be updated. The current Del (who has border control anyway) could be moved to the middle of the pack and then people who require border control can be moved to the front. Sil could be left in third place so that he can continue to have border control power while Vice Delegate, and that would leave another free place (for Nessuno, presumably) to receive Border Control as second in the line of succession.
 
While I think Nessie is more than capable of wielding BC powers responsibly, I don’t believe the Delegate is utlizing Chapter 7, Clause 9 appropriately. Moderating the RMB is not a matter of regional security. In an effort to preserve this clause’s original intent, I will be voting against.
I also agree.
 
The law does not prescribe any particular criteria for granting border control by RA vote. It does not say that it must be pursuant to regional security, or that it cannot be for RMB moderation. I have thoroughly read the debate surrounding the adoption of these laws (linked to by Elu above) and there is no debate over what circumstances BC powers should be granted by RA vote - it appears to be intentionally unrestricted. Thus, it appears that McM and Siwale's argument that the clause is being exercised inappropriately here has no legal or historical basis. I support this motion, and will be voting Aye.
 
While I think Nessie is more than capable of wielding BC powers responsibly, I don’t believe the Delegate is utlizing Chapter 7, Clause 9 appropriately. Moderating the RMB is not a matter of regional security. In an effort to preserve this clause’s original intent, I will be voting against.
I appreciate Siwale’s take on this, and assume he takes this position in good faith, but I believe he is mistaken as to the clause being “properly” utilized as well as my intention in asking for the BC powers to be granted to Nessie. The law doesn’t put an emphasis on any particular use of the BC powers, and is being utilized correctly here. It doesn’t say we can only come to the RA so BC powers will be used to combat invasions or to only ban trolls, it says that if the RA votes by majority vote, I can grant BC powers to another SC member regardless of the LoS. Ostensibly you would be okay with a LoS change placing Nessie within the automatic BC powers range, despite the fact that the they would be utilized exactly the same way.

And “that way” that concerns you, if I understand where you’re coming from, is that these powers are specifically for moderating the RMB and no other reason. This is not the case. Nessie was chosen because his availability means that we always have at least two people who are able to utilize BC powers at any given time of day. These uses most often end up being for RMB moderation, but that’s because it’s rare for us to have a more significant threat, not because we’re thinking too small with the use of BC powers. We have a team of GAs and the cabinet capable of moderating the RMB without BC powers. The motivation for this vote was part of the ongoing rewrite of our law to account for situations where the LoS includes the Delegate and VD.

I appreciate that you want a high standard for granting these powers. I believe that membership in the SC signals that we are already dealing with individuals who can be trusted, not only to properly utilize BC powers but even potentially to take over as Delegate. I believe having consistent coverage of the region with BC powers is a matter of regional security and something we should strive to achieve. I do not believe it makes any sense to advocate for a more convoluted way to achieve the same effect, and to somehow place a different value on the BC powers depending on what method is used. And I do not believe it makes much sense to insist on moving Nessie higher on the LoS strictly for BC when the LoS directly impacts who is in line for the Delegacy, and the security implications of that move are more significant than assigning BC.
 
Pallaith's post summarizes most of my thoughts on this proposal and why I've voted Aye. Border Control should be more than simply who is next in line for the Delegacy simply because the security conditions for Border Control do not necessarily align with the security conditions of the Line of Succession, availability being one of the major differences.
 
I'd also like to note that Eluvatar, the primary author of this area of the law, has voted aye, so I think any arguments against this motion based on "original intent" would need to have an explanation for that.
 
Original intent to one side, I don’t see why this could not be better achieved by amending the line of succession. I see no reason for keeping Pallaith in particular in his current position in the line of succession while he is Delegate.

I understand it’s likely impossible to mobilise the SC to review such a proposal before it came to the RA, but in my opinion that would be a preferable option that would have a better outcome.

If we can trust Nessuno with border control then I have no problem with him occupying the second position in the line of succession also.
 
I'd also like to note that Eluvatar, the primary author of this area of the law, has voted aye, so I think any arguments against this motion based on "original intent" would need to have an explanation for that.
I mean, it can happen that I can be inconsistent, or that my preferences might change over time, but yeah. I think it's entirely consistent.

I do think we may be missing something in the law in that as far as I can think of the only way the RA would be able to revoke this decision after the fact would be by recalling Nessuno from the SC entirely.
 
So in essence you’re thinking that by passing this motion, that the RA is granting Nessuno BC authority till they are no longer a member of the SC or are removed from the SC?
 
It seems to me the RA would have the power to grant or revoke BC powers as they see fit, no?

Just say it was an "accident" and your extralegal ejection of even a longstanding TNP member will be celebrated as a hilarious joke and not an abuse of power.

OK, throw me some shade for that. But when I ejected you NO ONE was more surprised, dismayed, panicked or remorseful than me. I may have typed "OMG" but I was actually screaming it in my house.
 
It seems to me the RA would have the power to grant or revoke BC powers as they see fit, no?



OK, throw me some shade for that. But when I ejected you NO ONE was more surprised, dismayed, panicked or remorseful than me. I may have typed "OMG" but I was actually screaming it in my house.

I think I was VERY surprised ;)

Oh to be a fly on your wall when that happened! It was a good laugh.
 
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