Petition for Emergency Injunction re: Provincial Merger
Jul 25, 2019 11:56:43 GMT -6
Amada Merþedes likes this
Post by King John on Jul 25, 2019 11:56:43 GMT -6
May it please the Cort.
SUMMARY
The Seneschál recently posted (http://talossa.proboards.com/thread/13526/referendums-august-fiov-florencia-merger?page=1&scrollTo=165591):
The Secretary of State then posted (at talossa.proboards.com/thread/13534/chancery-august-2019-referendum-rules?page=1&scrollTo=165605) his intentions to hold such a referendum, and the rules that will apply.
But in fact, the Seneschál’s statement is incorrect. Florencia has not entered into such any agreement regarding the proposed Constitution, and the proposed referendum is therefore unauthorized by 53RZ1, and could not (even if successful) have any Organic effect, given that the OrgLaw (XVII.6.19) guarantees “that the sovereignty and territory of any extant Province [not be] altered without the consent of that Province”.
STANDING
I am a citizen of Florencia, and, as Sovereign, acting for the moment as Constable of Florencia.
FLORENCIAN CONSTITUTIONAL LAW ON LEGISLATION
Florencia’s Constitution (the text of which can be found entire at wiki.talossa.com/Constitution_of_Florencia) provides for the enactment of Provincial legislation in three stages:
1. Any member of the Nimlet proposes a resolution, and “establishes a deadline for a vote on the question.” “The said deadline must be no later than the scheduled end of the session of the Nimlet and no earlier than two weeks from the date of the introduction of the resolution.”
2. Should a majority of the Nimlet (voting without a quorum’s being required) approve the resolution, the Governor “shall sign its instrument and shall deliver it, with his own comments and recommendation, to the Constable for approval or veto.”
3. The “Constable or Crown” then has two weeks in which to approve or disapprove the resolution, after which time (if no action is taken) it is deemed to have passed.
None of these three steps was taken in the case in question.
It will be noted that the Governor, ex officio, has a seat in the Nimlet and can vote on any resolution there. His approval is not required for a resolution to pass. The Constable’s approval (or inaction) is required.
WHAT IN FACT DID HAPPEN
On 24 April 2019, the Seneschál posted on the Florencian Witt board a posting entitled “Merger Constitution Approved by Fiova” (http://talossa.proboards.com/thread/13360/merger-constitution-approved-fiova?page=1&scrollTo=165565).
Four weeks later, on 22 May 2019, Spencer Kerfoot, a member of the Nimlet, posted in that same thread a posting that said, in full:
It will be noted that this “Resolution” appeared in a thread that had been sitting for almost a month without any discussion. A reader of the Board would have to have been rather vigilant even to notice that S:reu Kerfoot’s proposal had been made. While the Constitution is silent regarding where and how a member of the Nimlet proposes legislation, it would be irrational to hold that it can be proposed just anywhere, and the other members of the Nimlet have the obligation to search the entire Board, or all the Boards on Witt, to find proposed legislation. At a minimum, a proposal should be in a thread of its own, with a reasonably accurate title.
But even if its appearance on the Seneschál’s “Merger Constitution Approved” thread is held to have constituted an actual proposal in the Nimlet, the proposal was incomplete and invalid because it establishes no deadline for voting, an element required by the Constitution for any legislative proposal.
S:reu Kerfoot then posted that he voted “per”, and nothing happened after that for over a month. Perhaps no other members noticed his proposal; I can’t say.
It will be noted that the proposed Resolution itself requires voting on the referendum “not later than the fourteenth day following the effectuation hereof, or not later than the sixth of June in the year 2019, whichever may be sooner.” But nobody, in this thread or anywhere else, ever voted on the proposed referendum. The referendum, which the Resolution required to have been held no later than 6 June, never took place. (Or if it did take place, somehow, it failed by a vote of 0 to 0.)
On 26 June 2019, over a month later, another member of the Nimlet, Mximo Carbonèl, posted in the same thread that he also voted “per”.
The Governor, the same Mximo Carbonèl, never signed the proposal, and never forwarded it to the Constable (for a possible veto) as required in the Constitution.
All this being so, it is clear that the “Provincial Government of Florencia” never approved the referendum, as required by 53RZ1.
PETITION
If the referendum is permitted to go forward, and were to pass, the Province of Florencia will be deemed by many — including, I would expect, the Government — to have been dissolved, and will therefore have suffered great, probably irremediable, and certainly inOrganic harm.
I hereby respectfully petition the Uppermost Cort to enjoin the Chancery from holding the proposed referendum until such time as Florencia approves the proposed Constitution, as required by 53RZ1.
— John, Regeu da Talossa, acting pro tempore as Cunstavál da Florencia
SUMMARY
The Seneschál recently posted (http://talossa.proboards.com/thread/13526/referendums-august-fiov-florencia-merger?page=1&scrollTo=165591):
53RZ1, passed by the Ziu, states:
1. The Free Province of Fiôva and the Province of Florencia shall be replaced by a single Province comprising the cantons of Florencia, Cuféir and Las Inaltáns Maxhéstici.
2. This law shall come into effect only upon agreement between the Provincial Governments of Fiôva and Florencia upon a Constitution of the merged province, which shall include a name for the new Province, and the approval of that Constitution by a majority of the citizens of both Provinces (separately and jointly) in referendum.
The two Provincial Governments (both executive and legislative branches) have now agreed on such a constitution. Therefore I would like to formally request of the Secretary of State, Glüc da Dhi , that referendums be held for Fiova and Florencia citizens as foreseen in 53RZ1 s.2, beginning on August 1.
1. The Free Province of Fiôva and the Province of Florencia shall be replaced by a single Province comprising the cantons of Florencia, Cuféir and Las Inaltáns Maxhéstici.
2. This law shall come into effect only upon agreement between the Provincial Governments of Fiôva and Florencia upon a Constitution of the merged province, which shall include a name for the new Province, and the approval of that Constitution by a majority of the citizens of both Provinces (separately and jointly) in referendum.
The two Provincial Governments (both executive and legislative branches) have now agreed on such a constitution. Therefore I would like to formally request of the Secretary of State, Glüc da Dhi , that referendums be held for Fiova and Florencia citizens as foreseen in 53RZ1 s.2, beginning on August 1.
The Secretary of State then posted (at talossa.proboards.com/thread/13534/chancery-august-2019-referendum-rules?page=1&scrollTo=165605) his intentions to hold such a referendum, and the rules that will apply.
But in fact, the Seneschál’s statement is incorrect. Florencia has not entered into such any agreement regarding the proposed Constitution, and the proposed referendum is therefore unauthorized by 53RZ1, and could not (even if successful) have any Organic effect, given that the OrgLaw (XVII.6.19) guarantees “that the sovereignty and territory of any extant Province [not be] altered without the consent of that Province”.
STANDING
I am a citizen of Florencia, and, as Sovereign, acting for the moment as Constable of Florencia.
FLORENCIAN CONSTITUTIONAL LAW ON LEGISLATION
Florencia’s Constitution (the text of which can be found entire at wiki.talossa.com/Constitution_of_Florencia) provides for the enactment of Provincial legislation in three stages:
1. Any member of the Nimlet proposes a resolution, and “establishes a deadline for a vote on the question.” “The said deadline must be no later than the scheduled end of the session of the Nimlet and no earlier than two weeks from the date of the introduction of the resolution.”
2. Should a majority of the Nimlet (voting without a quorum’s being required) approve the resolution, the Governor “shall sign its instrument and shall deliver it, with his own comments and recommendation, to the Constable for approval or veto.”
3. The “Constable or Crown” then has two weeks in which to approve or disapprove the resolution, after which time (if no action is taken) it is deemed to have passed.
None of these three steps was taken in the case in question.
It will be noted that the Governor, ex officio, has a seat in the Nimlet and can vote on any resolution there. His approval is not required for a resolution to pass. The Constable’s approval (or inaction) is required.
WHAT IN FACT DID HAPPEN
On 24 April 2019, the Seneschál posted on the Florencian Witt board a posting entitled “Merger Constitution Approved by Fiova” (http://talossa.proboards.com/thread/13360/merger-constitution-approved-fiova?page=1&scrollTo=165565).
Four weeks later, on 22 May 2019, Spencer Kerfoot, a member of the Nimlet, posted in that same thread a posting that said, in full:
I propose hereby a Resolution that...
1) the Nimlet endorse the foregoing Merger Constitution without amendment;
2) the Nimlet authorize a referendum of all Florencians, at which the same should elect to endorse a provincial merger with Fiova under such Constitution, or not; and
3) the various ballots of Florencians at the aforesaid referendum be submitted in good faith not later than the fourteenth day following the effectuation hereof, or not later than the sixth of June in the year 2019, whichever may be sooner.
1) the Nimlet endorse the foregoing Merger Constitution without amendment;
2) the Nimlet authorize a referendum of all Florencians, at which the same should elect to endorse a provincial merger with Fiova under such Constitution, or not; and
3) the various ballots of Florencians at the aforesaid referendum be submitted in good faith not later than the fourteenth day following the effectuation hereof, or not later than the sixth of June in the year 2019, whichever may be sooner.
It will be noted that this “Resolution” appeared in a thread that had been sitting for almost a month without any discussion. A reader of the Board would have to have been rather vigilant even to notice that S:reu Kerfoot’s proposal had been made. While the Constitution is silent regarding where and how a member of the Nimlet proposes legislation, it would be irrational to hold that it can be proposed just anywhere, and the other members of the Nimlet have the obligation to search the entire Board, or all the Boards on Witt, to find proposed legislation. At a minimum, a proposal should be in a thread of its own, with a reasonably accurate title.
But even if its appearance on the Seneschál’s “Merger Constitution Approved” thread is held to have constituted an actual proposal in the Nimlet, the proposal was incomplete and invalid because it establishes no deadline for voting, an element required by the Constitution for any legislative proposal.
S:reu Kerfoot then posted that he voted “per”, and nothing happened after that for over a month. Perhaps no other members noticed his proposal; I can’t say.
It will be noted that the proposed Resolution itself requires voting on the referendum “not later than the fourteenth day following the effectuation hereof, or not later than the sixth of June in the year 2019, whichever may be sooner.” But nobody, in this thread or anywhere else, ever voted on the proposed referendum. The referendum, which the Resolution required to have been held no later than 6 June, never took place. (Or if it did take place, somehow, it failed by a vote of 0 to 0.)
On 26 June 2019, over a month later, another member of the Nimlet, Mximo Carbonèl, posted in the same thread that he also voted “per”.
The Governor, the same Mximo Carbonèl, never signed the proposal, and never forwarded it to the Constable (for a possible veto) as required in the Constitution.
All this being so, it is clear that the “Provincial Government of Florencia” never approved the referendum, as required by 53RZ1.
PETITION
If the referendum is permitted to go forward, and were to pass, the Province of Florencia will be deemed by many — including, I would expect, the Government — to have been dissolved, and will therefore have suffered great, probably irremediable, and certainly inOrganic harm.
I hereby respectfully petition the Uppermost Cort to enjoin the Chancery from holding the proposed referendum until such time as Florencia approves the proposed Constitution, as required by 53RZ1.
— John, Regeu da Talossa, acting pro tempore as Cunstavál da Florencia
