Council Reform Amendment

Council Reform Amendment

Osolian law passed by Assembly
Osolian Assembly
Introduced by	Speaker tz_scion
Dates
Presented to the Assembly	27 July 2024
Commencement	28 July 2024
Other legislation
Amends	Osolian Constitution
Status: Current legislation
History of passage through the Assembly
Text of statute as originally enacted

The Council Reform Amendment, also referred to as Constitutional Amendment 3, is a law and constitutional amendment in Osolia, passed by the Osolian Assembly with 100% approval. It was the third constitutional amendment and the eleventh bill to be passed by the Assembly. The act more explicitly defines the dynamics between the Chief, Directors, and governors, and more explicitly defines the process of impeachment.

Background

In the last couple of days leading up to this amendment's introduction, a debate sparked amongst the Assembly regarding the exact processes involved in confirming and impeaching Directors and governors, such as whether the Assembly needed to approve Council members that were simply carrying over into the next term and were not moving position. This came about as part of a larger discussion about potential reforms to the Constitution, some of which became part of the earlier Legal Reform Amendment instead of this amendment, such as allowing self-representation in court.

To satisfy those who wished to clarify the above processes, Speaker tz_scion took what he felt was the general consensus on the issue and wrote the Council Reform Amendment.

The amendment was presented to the Assembly on July 27, 2024, and was passed unanimously amongst those who voted the next day, on July 28, 2024.

Provisions

Regarding Directors

This section of the amendment changes the Constitution's Article 1, Section 1, to give the Chief the power to overrule directors, mandate their confirmation by the Assembly, and allow Chiefs to fire Directors at any time, removing them from their position. It also mandates that Directors ensure a peaceful and smooth transition of power upon resignation, impeachment or termination by the Chief, as is required for all other government positions.

Regarding the Assembly

This section seeks to change Article 1, Section 2 of the Constitution, which outlines the Assembly's powers, to more explicitly define the impeachment process.

The first clause to be replaced, Clause 6, states that the Speaker or a petition from the majority of the Assembly can initiate an impeachment vote of the current Chief. If the Assembly votes with a majority to remove the Chief, the Speaker must then arrange a special election to elect the next Chief, where the Chief who was just removed is banned from running.

The second clause to be replaced, Clause 7, states that the Speaker can be impeached by a petition supported by the majority of the Assembly, or by the Speaker themselves, setting up a special election in which the current Speaker is banned from running. If the Speaker fails to do so, the Chief will be granted the power to appoint an Acting Speaker to arrange this election.

The third clause to be replaced, Clause 8, outlines the same process for Directors in the Chief's Cabinet, except that instead of a special election, the Chief will be able to nominate a new Director if they wish.

The fourth clause to be replaced, Clause 9, allows governors to be impeached with the same process as Directors, allowing the Chief to nominate a new governor if they wish.

Regarding governors

This section seeks to more explicitly define the role of governors for cities. For instance, it establishes that either the Chief or a Director in the Chief's Council can overrule a governor's decision, that Chiefs are able to fire governors at any time, that cities without a governor are ran directly by the Chief, and that governors are required to ensure a smooth and peaceful transition of power, as is required of all other government positions.