[Proposal] Cabinet of Lazarus Amendment

[New Rogernomics]

Text removed: Removed
Text added: Added

IV. Cabinet of Lazarus

(1) The Cabinet shall contain any ministries mandated by law.

(1 2) The Delegate will may set the course of the Cabinet with such additional ministries, programs, and activities as they determine are beneficial for Lazarus.

(3) The responsibilities of ministries, mandated by law or otherwise, may not overlap.

(2 4) The Delegate may issue executive directives to set public policy for executive ministries, programs, and activities. Such directives will remain in effect unless rescinded by the Delegate who issued them or a subsequent Delegate. Such directives may also be amended by the Delegate who issued them or a subsequent Delegate.

(3 5) The Delegate may shall undertake to appoint Cabinet Ministers to assist with executive for ministries, programs, and activities, and must fill any ministries mandated by law. Appointment of Cabinet Ministers will be subject to confirmation by with each candidate requiring a 50%+1 vote of the Assembly majority to be considered for regional appointment by the Delegate. This Election procedure may be further defined by law.

(4 6) Cabinet Ministers will serve until resignation, removal from office by the Assembly or the Delegate, or automatic removal from office.

(5) The Delegate may provide for the appointment and removal of Cabinet deputies.

More Proposed Changes:

(7) Cabinet or Deputy Ministers may be removed through an election, in accordance with election procedure as defined by law.

(3) The responsibilities of ministries, mandated by law or otherwise, may not overlap.

[New Rogernomics]

So I would like to also publicly state my view has changed. I wish for the region to use a challenge election system for the cabinet, maybe the speaker, but not elect the delegate. It is not very drastic to the current system and is very similar to NR's proposal here.

My only issue is that I do not think the following would allow for challenges:
(5) The Delegate shall undertake to appoint Cabinet Ministers for ministries, through an election undertaken by the assembly, with each candidate requiring a 50%+1 majority to be considered for regional appointment by the Delegate. This Election procedure may be further defined by law.

It allows procedure to be defined by law but it *HAS* to be a delegate appoint to start the election. I think we could straight change this to challenge or it could be reworded to allow alternative ways to start the challenge election as stated by law (then it could be included in that law)

Added a fix above.

[Legalist Zombal]

So the delegate can appoint AND it can be done via "election determined by law"? So we also would need that election procedures to work for challenge elections.

[New Rogernomics]

So the delegate can appoint AND it can be done via "election determined by law"? So we also would need that election procedures to work for challenge elections.

The election procedures in an Elections Act we would pass, would determine that. This is a constitution amendment to allow for regional elections. Right now, an Elections Act would not be valid, as the Delegate only can direct for elections to ne held.

This would fix that, as I'll explain below.

Challenge Scenario:

1) X is bad at their job, and Y and Z challenge X to an election.
2) Elections Act defines for example that election campaigns run for one week, and elections for one week.
3) Z gets 50+1%
4) Delegate okay with Z, so Z is elected or Delegate doesn't like.
5) Elections Act defines that next highest candidate is selected or new election must be held.
6) Delegate appoints Y, as X lost challenge.

General Election (Managed):

1) Election held let's say every 3-4 months, as defined by Elections Act.
2) Elections Act defines for example that election campaigns run for one week, and elections for one week.
3) X, Y, and Z run.
4) Z wins if 50+1% or runoff election.
5) Delegate can reject or accept Z, Y, X.

General Election:

1) Election held let's say every 3-4 months, as defined by Elections Act.
2) Elections Act defines for example that election campaigns run for one week, and elections for one week.
3) X, Y, and Z run.
4) Z wins if 50+1% or runoff election.
5) Elections Act defines appointment as acceptance of results or a new election held.

Those are allowed, if the Elections Act defines it as such.

[joWhatup]

I’m in favour; I believe it is in perfect balance between security and democracy.

[The Pharcyde]

I have some proposed changes to New Rogernomic's post.
 

IV. Cabinet of Lazarus

(1) The Cabinet shall contain any ministries mandated by law.

(2) The Delegate may create additional ministries...via public announcement. The Delegate must declare a name and a set of responsibilities for any newly-created ministry. 

I believe the law should provide an informative description of how ministries are created. I don't know if what I wrote in grpurpleen is our intended process.

(3) The Delegate may assign directives to the cabinet or any of its individual ministries. Common directives might include activities or programs whose implementation benefits Lazarus. Such directives may be amended by the Delegate  who issued them or a subsequent Delegate, and shall remain in effect unless rescinded by the Delegate who issued them or a subsequent Delegate.

(4) The responsibilities of ministries, mandated by law or otherwise, may not overlap. 

Without asserting what can be construed as "overlap," I don't think we benefit from blanketly codifying this into law.

(4) The Delegate may shall undertake to appoint Cabinet Ministers to assist with executive for ministries, programs, and activities, and must fill any ministries mandated by law. Appointment of Cabinet Ministers will be subject to confirmation by with each candidate requiring a 50%+1 vote of the Assembly majority to be considered for regional appointment by the Delegate. This Election procedure may be further defined by law.

(5) Cabinet Ministers will serve until resignation, removal from office by the Assembly or the Delegate, or automatic removal from office.

(8) The Delegate may provide for the appointment and removal of Cabinet deputies.

(6) How deputies are decided

We need to decide how deputies are determined. Personally, I don't think we should elect deputies. That seems arduous for a region with our level of activity. 

More Proposed Changes:

(6) Cabinet or Deputy Ministers may be removed through an election, in accordance with election procedure as defined by law.

What about recall votes?

[New Rogernomics]

(2) The Delegate may create additional ministries...via public announcement. The Delegate must declare a name and a set of responsibilities for any newly-created ministry. 

I believe the law should provide an informative description of how ministries are created. I don't know if what I wrote in grpurpleen is our intended process.

 I would agree, but it is not necessary to set it in stone constitutionally, especially when we already have existing public president of the Delegate always publicly announcing it, and an existing Act to cover public announcement of proposals.

According to the Assembly Procedures Act, all proposals must be publicly announced anyway, and have a minimum discussion period of three days.

An informative description of actual ministries, and how they would be established is proposed here in the Ministries of Lazarus Act:  https://www.nslazarus.com/thread-722.html

I would suggest looking there, for a discussion on how ministries should be implemented. 

(3) The Delegate may assign directives to the cabinet or any of its individual ministries. Common directives might include activities or programs whose implementation benefits Lazarus. Such directives may be amended by the Delegate  who issued them or a subsequent Delegate, and shall remain in effect unless rescinded by the Delegate who issued them or a subsequent Delegate.

(4) The responsibilities of ministries, mandated by law or otherwise, may not overlap. 

Without asserting what can be construed as "overlap," I don't think we benefit from blanketly codifying this into law.

Overlap would be in place for situations where the Assembly/Delegate creates a Ministry of War, then creates a Ministry of Defense at the same time, with exactly the same functions. It is necessary to read the Ministries of Lazarus Act proposal, to understand where this is important: https://www.nslazarus.com/thread-722.html

Essentially, Existing Ministries will be concerned something that a Delegate/Assembly can't just override without amending the Act. Without that in constitutional law, there would be a major conflict when we seek to establish an Act over how Ministries are run or established. 

Long term, hypothetically an Assembly or the Delegate could abuse the ability of creating Ministries to remove someone from a position, by creating a parallel Ministry. So this would easily patch up that loophole. 

This is probably the most flexible part of this proposal though, as we could do without it. 

(6) How deputies are decided

We need to decide how deputies are determined. Personally, I don't think we should elect deputies. That seems arduous for a region with our level of activity. 

The election of deputies already exists, as defined in the Assembly Procedures Act: https://www.nslazarus.com/thread-168.html

Section 3. Deputies to the Assembly Speaker

(1) The Assembly Speaker may appoint deputies to assist in presiding over the Assembly according to its procedural rules. Appointment of a deputy will be subject to confirmation by 50%+1 vote of the Assembly if the deputy-designate has previously been removed from office by the Assembly.

(2) Deputies to the Assembly Speaker will serve until resignation, removal from office by the Assembly or the Assembly Speaker, or automatic removal from office as defined by Mandate 12.

(3) Any powers or responsibilities assigned to the Assembly Speaker by these procedures, Mandate 12, or any other law, unless explicitly directed otherwise, may be delegated by the Assembly Speaker to their deputy or deputies, and rescinded by the Assembly Speaker. Deputies will not have the power to appoint or remove other deputies.

More Proposed Changes:

(6) Cabinet or Deputy Ministers may be removed through an election, in accordance with election procedure as defined by law.

What about recall votes?

How recall votes happen would be for an Elections Act. Cabinet or Deputy Ministers would be removed by how it is defined in that, which is the best way to go about it, as the region is at the very least leaning towards challenge elections or general elections. Generally if we follow from how other votes are established, a 50+1% vote would be the requirement to remove. 

I haven't proposed an Elections Act yet, as I couldn't legally pass it, as it would be in conflict with the existing constitution that doesn't allow for general elections or challenge elections.

[The Pharcyde]

(2) The Delegate may create additional ministries...via public announcement. The Delegate must declare a name and a set of responsibilities for any newly-created ministry. 

I believe the law should provide an informative description of how ministries are created. I don't know if what I wrote in grpurpleen is our intended process.

 I would agree, but it is not necessary to set it in stone constitutionally, especially when we already have existing public president of the Delegate always publicly announcing it, and an existing Act to cover public announcement of proposals.

According to the Assembly Procedures Act, all proposals must be publicly announced anyway, and have a minimum discussion period of three days.

My suggestion implicitly allows the Delegate to create new ministries without approval. The Assembly Procedures Act doesn't apply to procedures that don't require Assembly input.  If the Assembly wants to sign off on the creation or elimination of ministries, then we need to decide how ministries will be written into law.

We can either pass the Ministries Act and add/remove ministries through amendments to the act, or we can include a clause about ministries in the "Assembly of Lazarus" section of Mandate 12 and pass the Ministries Act as an annex. I think the second option is better.
 

 

More Proposed Changes:

(6) Cabinet or Deputy Ministers may be removed through an election, in accordance with election procedure as defined by law.

What about recall votes?

How recall votes happen would be for an Elections Act. Cabinet or Deputy Ministers would be removed by how it is defined in that, which is the best way to go about it, as the region is at the very least leaning towards challenge elections or general elections. Generally if we follow from how other votes are established, a 50+1% vote would be the requirement to remove. 

I haven't proposed an Elections Act yet, as I couldn't legally pass it, as it would be in conflict with the existing constitution that doesn't allow for general elections or challenge elections.

I had a brain fart. The first section of the Mandate actually says officials can be recalled with 66% approval. Lol.
 

The election of deputies already exists, as defined in the Assembly Procedures Act: https://www.nslazarus.com/thread-168.html

The Assembly Procedures Act only provides for electing deputies to the Speaker. We still have to decide how deputy ministers  attain office.

[New Rogernomics]

The Assembly Procedures Act only provides for electing deputies to the Speaker. We still have to decide how deputy ministers attain office.

We already have. Deputies are appointed by Ministers, which must in turn be approved by the Assembly.

[New Rogernomics]

My suggestion implicitly allows the Delegate to create new ministries without approval. The Assembly Procedures Act doesn't apply to procedures that don't require Assembly input.  If the Assembly wants to sign off on the creation or elimination of ministries, then we need to decide how ministries will be written into law.

We can either pass the Ministries Act and add/remove ministries through amendments to the act, or we can include a clause about ministries in the "Assembly of Lazarus" section of Mandate 12 and pass the Ministries Act as an annex. I think the second option is better.

That isn't what I would want with this amendment, as others are discussing possible major constitutional changes beyond this. 

Some of these would make the Delegacy a security position, without a political role, while others would make the Delegacy an elected position, so you can understand the issue of passing an amendment that implies that the Delegate can approve a Ministry at will.

My general position is to pass some version of this amendment that allows for elections of the cabinet, then pass some version of the Ministries Act alongside an Elections Act that does the specifics of how elections are held.

I am less inclined to placing a lot in a mandate that people are seriously debating heavily modifying, and more inclined to just have separate acts to deal with the specifics.  

Effectively, it wouldn't be far-fetched to suggest that by the end of the year we have a Mandate 13/14. 

So it is more likely that this will be a short-term amendment, rather than a long-term one.