Glüc da Dhi
Secretary of State
Posts: 6,112
Talossan Since: 5-14-2009
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Post by Glüc da Dhi on Feb 24, 2020 9:14:02 GMT -6
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Miestrâ Schivâ, UrN
Seneschal
the new Jim Hacker
Posts: 6,635
Talossan Since: 6-25-2004
Dame Since: 9-8-2012
Motto: Expulseascâ, reveneascâ
Baron Since: Feudal titles are for gimps
Duke Since: Feudal titles are for gimps
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Post by Miestrâ Schivâ, UrN on Feb 24, 2020 14:28:21 GMT -6
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King John
King of Talossa
Posts: 2,415
Talossan Since: 5-7-2005
Knight Since: 11-30-2005
Motto: COR UNUM
King Since: 3-14-2007
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Post by King John on Feb 27, 2020 14:27:49 GMT -6
The Secretary of State's interpretation of the OrgLaw is leading him to an absurd conclusion, that a duly-elected Senator who is Organically not permitted to vote yet, has "failed" to vote. He is certainly permitted to state his opinion, even when it contradicts one of the first rules of legal construction, that laws should not be interpreted as having absurd effect. But it is only if the Secretary attempts to prevent the Senator from voting (by, for instance, not accepting or not counting her votes) that he will have done something justiciable.
We could certainly ask the Uppermost Cort for an advisory ruling, but as of now, nobody has done anything illegal. Rash and confusing yes, illegal no. Still, the Cort might be willing to clarify things even without an actual case before them.
The Secretary isn't under my authority; but he is under the Seneschal's authority in the sense that she could remove him at any time. If friendly persuasion fails, that might be something to think about. Meanwhile, I'd advise the Senator to ignore the Secretary's assertion.
Incidentally, I'm the author of the provision in the OrgLaw that's being misinterpreted here; for what it's worth, I can testify that I didn't intend it to have any such perverse effect.
If the Seneschal would like me to address the Cort on this issue, even before anything illegal has been done, I'd be happy to do so.
— John R
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Lüc da Schir
Senator for Benito
If Italy wins a Six Nations match I will join the Zouaves
Posts: 4,125
Talossan Since: 3-21-2012
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Post by Lüc da Schir on Feb 27, 2020 15:44:40 GMT -6
Can I just say that removing a dutiful and dedicated civil servant, who has merely applied the letter of the law in this and many other instances, is one of the most ill-advised courses of action I could think of. Especially since the Government has already - thankfully - decided to proceed through the Ziu.
Not to beat a dead horse, but incidentally, I suspect the absurdity principle did not apply to your own interpretation of the OrgLaw in the Proclamation Crisis.
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Miestrâ Schivâ, UrN
Seneschal
the new Jim Hacker
Posts: 6,635
Talossan Since: 6-25-2004
Dame Since: 9-8-2012
Motto: Expulseascâ, reveneascâ
Baron Since: Feudal titles are for gimps
Duke Since: Feudal titles are for gimps
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Post by Miestrâ Schivâ, UrN on Feb 27, 2020 16:22:29 GMT -6
If we were to make a principle of removing Talossan civil servants for doing something absurd and contrary to common sense, then that would have implications for those who are complaining about the decision of the UC in re: "Sebastian Panache". But on the other hand, I fear that honestly none of us would be safe.
I would be interested in seeing the King address the Cort, but I can't make that happen, I suppose he would have to be invited by a UC Justice. Or maybe he could just make a legal speech without the Cort?
I should also note that Amada Merþedes has been very busy with extra-Talossan duties and has barely participated in Talossa over the last month or two. The proper course of action here depends on whether she is prepared to fight the SoS over this.
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Glüc da Dhi
Secretary of State
Posts: 6,112
Talossan Since: 5-14-2009
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Post by Glüc da Dhi on Feb 28, 2020 19:35:11 GMT -6
The Secretary isn't under my authority; but he is under the Seneschal's authority in the sense that she could remove him at any time. If friendly persuasion fails, that might be something to think about Interesting. I will say that while of course if someone brings up a great argument I hadn't considered I'm always willing to change my mind (maybe not that likely since a pretty extensive discussion has already been held earlier) and while of course I will follow the instructions of the CpI, regardless of whether I agree with them or not, what I won't do is ignore the law as I interpret it out of fear of being fired. I also object to my actions being described as "rash". Right or wrong, this is and always has been the moment where I announce who has lost their seats. Earlier people were pushing me to tell what I was going to do as soon as possible and were on the verge of getting annoyed by my slow response (I did say in advance, but maybe not as soon as possible). That would be very unwise, from both you and the former Senator, because either or both of you also may have a role to play in appointing a succesor, allowing the province of Cézembre to be represented again. A new Sénéchal not having been elected yet makes things somewhat complicated here, so I'm not 100% sure what the best way forward is. From what I could find the bill that created the current situation was sponsored by the late Sir Fritz. Are you saying the record is wrong on this or is this a case where the author and the sponsor are not the same person?
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Post by Viteu Marcianüs on Feb 29, 2020 11:40:14 GMT -6
Without stating my position on the issue, the SoS has discretion to act within a reasonable interpretation of the law. If that interpretation is determined wrong, but reasonable, then the SOS acted, IMO, properly. That is to say, a wrong interpretation of the law can still be reasonable. We should encourage reasonableness, and we should also permit the SOS some latitude on how to perform their duties. Removing an SOS for wrongly, but reasonably, interpreting a law, without any final guidance from the Ziu or Organic Law or Corts, for me, would severely hurt Talossa. The State functions and grows positively when we are not drones, but permitted to perform our jobs with the latitude necessary for reasonable disagreement, provided there are channels for remedy and final resolution.
Nothing above indicates my thoughts on the issue, only that I think Glüc, without stating whether I think any interpretation is reasonable, does an excellent job at trying to perform his duties reasonably, even when I have disagreed with him in the past. He's also, generally speaking, really good about raising potential issues or stating how he will perform a duty in advance. I do not get the impression the Seneschal intends to remove him, but I just wanted to publicly state that, from what I can tell, he performs his job timely, to the best of his ability, and within how he understands the Law, the latter of which he tends to explain well beforehand. So maybe some of us could reflect a little bit, consider the full picture, and reconsider advising, implicitly or otherwise, for his removal?
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