RCOR Deadline Extension Prime Dictate 2 (48PD05)

[Miestrâ Schivâ, UrN]

The Office of the Deputy Prime Minister of Talossa
__________________________

L'Óifisch dal Distáin del Regipäts Talossán

RCOR Deadline Extension Prime Dictate 2 Electric Boogaloo (48PD05)

WHEREAS the Royal Commission dedicated to reform of the Organic Law was unfortunately slow getting off the ground, and

WHEREAS the Royal Commission on OrgLaw Reform has an important duty to perform in this country, and

WHEREAS it is important that the aforementioned Royal Commission has the time it needs to perform its duties effectively, and

WHEREAS the energies of the members of the commission have been massively diverted over the last month with (a) the election; (b) Uppermost Cort cases and (c) the awful "Cannongate" scandal;

WHEREAS I have been trying to get the Seneschál to issue this new PD for weeks now, but he probably has more important things to do, and

WHEREAS Organic Law XII:8 authorises the Distáin to "act in place of the Seneschal in the event of the latter's death, resignation, absence, or disability," now

THEREFORE 48RZ18 as amended by 48PD01, which specified that the Commission shall provide its recommendations no later than the 1st of March 2016, shall instead be amended to read that the Commission shall provide its recommendations no later than the 1st of May.


Senator Doctor M. A. I-figlhâ Schivâ, PhD, UrN
Distáin and title collector

[Sir Alexandreu Davinescu]

Wait, the Seneschal is absent? How long has he been gone? When will he return?

[Miestrâ Schivâ, UrN]

The Seneschál has been only marginally involved in Talossa over the last week or two. This weekend, he's doing British political stuff. He hasn't answered any my increasingly urgent FB messages on this topic.

[Sir Alexandreu Davinescu]

Huh, I guess it never occurred to me that the Distain could just issue PDs in the Seneschal's stead. Interesting.

[Miestrâ Schivâ, UrN]

This is a case of urgency, as the RCOR has been so massively delayed that we´re still working out what parts of the OrgLaw need reform, let alone even debating actual reforms, and the deadline expires tomorrow. Believe me, if I thought I could just do this whenever Charlie turns his back, there would have been MUCH more havoc played up until now.

[Magniloqueu Épiqeu da Lhiun]

Feb 28, 2016 13:45:31 GMT -6 Sir Alexandreu Davinescu said:

Huh, I guess it never occurred to me that the Distain could just issue PDs in the Seneschal's stead. Interesting.

I always thought it quite obvious.

[Ián B. Anglatzarâ]

Feb 28, 2016 13:56:40 GMT -6 Magniloqueu Épiqeu da Lhiun said:

Feb 28, 2016 13:45:31 GMT -6 Sir Alexandreu Davinescu said:

Huh, I guess it never occurred to me that the Distain could just issue PDs in the Seneschal's stead. Interesting.

I always thought it quite obvious.

Assuming the Seneschál has officially handed over, yes. The Seneschál must be officially absent, and not just unavailable for the moment. Right?

[Magniloqueu Épiqeu da Lhiun]

Feb 28, 2016 14:04:37 GMT -6 Ián B. Anglatzarâ said:

Feb 28, 2016 13:56:40 GMT -6 Magniloqueu Épiqeu da Lhiun said:

I always thought it quite obvious.

Assuming the Seneschál has officially handed over that particular power, yes. The Seneschál must be officially absent, and not just unavailable for the moment. Right?

Not necessarily. I think that the Distain, as Secretary of the Seneschal, automatically assumes his or her powers if the Seneschal is unavailable for a lengthier period of time. One week would, in my opinion, fall under such rule.

I also do not think that specific (official, or private) granting of PD-powers is necessary, but a tacit approval, or rather, an implied approval, derived from Org.XII:8, must be assumed in good faith. Actually, I think that the Office of Distain has an intrinsic Power of Attorney to act in the name of the Seneschal, whenever necessary. Individual and specific revocation of this POA is possible (by forbidding the Distain an action). Complete and summary revocation of such POA would effectively result in the removal from office.

^ But these are mostly irrelevant legal musings.

[Sir Alexandreu Davinescu]

Feb 28, 2016 14:04:37 GMT -6 Ián B. Anglatzarâ said:

Feb 28, 2016 13:56:40 GMT -6 Magniloqueu Épiqeu da Lhiun said:

I always thought it quite obvious.

Assuming the Seneschál has officially handed over, yes. The Seneschál must be officially absent, and not just unavailable for the moment. Right?

That is indeed what I had assumed. El Lexhatx explicitly provides that the Distain may do any actions "delegated" to them by the Seneschal as though the Seneschal had done them, and the OrgLaw indicates that the "Seneschal... shall issue Prime Dictates." Combined with what the Distain herself quotes, I wouldn't have thought the Distain could just take it on herself to do things like appoint people to the Cabinet or issue PDs, just because the Seneschal is too busy for Talossa, unless something had seriously happened. If the Seneschal is too busy for Talossa, maybe he could just resign? That would certainly be more in keeping with the law. Or just stop by for ten minutes to post this PD composed by his Distain?

Epic, where are you getting this "one week" rule, or the idea that the Distain can take the place of the Seneschal at will? I couldn't find any laws to that effect.

[Miestrâ Schivâ, UrN]

What some might not understand is that there is a partisan edge here, in that the RUMP leader always opposed the RCOR, and would love for its mandate to just run out, too bad, so sad.

I repeat: I asked the Seneschál several times for this PD. He kept saying "I'll get around to it" but never did. I am 100% convinced that when he does break away from his important libdemmery and realises I've done it for him, he will give me the thumbs up, despite partisan mischief-making.

[Sir Alexandreu Davinescu]

I know it might be inconvenient to insist that the Seneschal be the one to have the power to issue PDs, but it hardly seems to be "partisan mischief-making." That seems rather like a smokescreen. I mean, are you also asserting you could start appointing people to the Cabinet right now, too, if it pleased you?

If the Seneschal is too busy to attend to his duties, then he should authorize you to act in his absence or resign. Or he could answer your messages and pop by and just post the PD you wrote for him. It would take him one minute, and everyone would be happy.

[Alèx Soleighlfred]

I'd argue that one week is enough a time of absence for Distain to take over, in my humble opinion. But we have to refer to the law here.

[Sir Alexandreu Davinescu]

Feb 28, 2016 15:01:52 GMT -6 Alèx Soleighlfred said:

I'd argue that one week is enough a time of absence for Distain to take over, in my humble opinion. But we have to refer to the law here.

In the past, the Seneschal has authorized the Distain to act in his name during a period of absence, ahead of time. We've never had a Distain decide to start issuing new laws.

Plus, didn't the Seneschal post on Witt just a few days ago?

Yeah, this past week he was online, reading and posting.

Feb 24, 2016 9:50:20 GMT -6 C. Carlüs Xheraltescù said:

I sort of wonder whether people under the age of 18 should have to fill in a parental/guardian consent form to participate in the first place.

Maybe I could send him an email or Facebook message too, Miestra, if he has stopped replying to you? Would that be helpful?

[Miestrâ Schivâ, UrN]

If the Seneschal is too busy to attend to his duties, then he should authorize you to act in his absence

I am authorized to act in the Seneschál's name in his absence, by OrgLaw XII.8. Arguing that I have to wait for Charlie to tell me he´s absent before I can step up is... well, logically absurd. This is not a countdown to "when Charlie is absent for X days, I can take over". It is an URGENT matter of state that can't wait until he sobers up / gets back in internet connection. "Absent for urgent matters" is a lower bar than "absent for ordinary matters of state that can wait a few days".

And this is complete partisan mischief-making. You wouldn't blink an eyelid if it was important state business that you wanted to see happen. You'd be whining "where oh where is the Seneschál? why isn't the Distáin covering for him? FAILURE! INCOMPETENT GOVERNMENT! GOD SAVE THE KING!"

Charlie was indeed around, briefly, in the last week to comment on Cannongate. He carried out none of his official functions that I know of.

[Miestrâ Schivâ, UrN]

Maybe I could send him an email or Facebook message too, Miestra, if he has stopped replying to you? Would that be helpful?

By all means!