Request to Impeach Cleopatra Xigalia - RA member

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Callipygian
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Request to Impeach Cleopatra Xigalia - RA member

Post by Callipygian »

The following request for impeachment was filed with the Dean:

From: Delia Lake, citizen of the CDS
Timo Gufler, citizen of the CDS
Widget Whiteberry, citizen of the CDS
Em Warden, citizen of the CDS
Leslie Allandale, citizen of the CDS
Tor Karlsvalt, citizen of the CDS, member of the RA
Cadence Theas, citizen of the CDS, member of the RA


We, as citizens of the CDS, petition the Scientific Council to impeach and remove from office Representative Assembly Member CLEOPATRA Xigalia for conduct that violates her affirmation of office to "preserve, protect and defend the Constitution of Confederation of Democratic Simulators."

As citizens, to remain silent when an elected government office holder has violated principles of tolerance and civil rights is tantamount to condoning those actions.

The CDS Constitution's Preamble says:
"All branches of the government are bound to serve the public before themselves and to uphold the Universal Declaration Of Human Rights, Founding Philosophy, Constitution, local laws, the SL ToS, and Community Standards without exception."

On Saturday, 11 October 2014, CLEOPATRA Xigalia was observed placing a photograph – of robed and hooded Klu Klux Klan members burning a cross – onto one of the prims on the CDS Democracy Wall. (See the affidavit submitted by Gaius Tiberius Curio. See photo Vic Mornington posted on the CDS Discussion Forum, attached below). The image stands alone, with no text attached and no notecard. Because nothing modifies the image, all the associations from RL come into play: a symbol of racial and religious hatred that incites killing a man, woman or child for the mere “offense” of being born as the wrong kind.

Democracy Wall, an interactive public forum in CDS, is by design a display of pictures and text intended to evoke the spirit of the message embodied in each poster. The instructions for posting explicitly say “The messags (sic) should not be incendiary in their language, or graphic in their images.”
The spirit and meaning of a Klu Klux Klan cross-burning is unambiguous and well-documented in the United States. Throughout its history the KKK has incited actions to rob people of human dignity and civil rights by violent means including terrorism and murder.

While some cross-burning may be protected expression under the First Amendment to the U.S. Constitution, the U.S. Supreme Court has ruled that cross-burning with the intent to intimidate, such as has been done by robed and hooded KKK, is not protected speech.

We file this petition to remove CLEOPATRA Xigalia because we believe she has, by her own action, forfeited her privilege to represent the law abiding citizens of the CDS. By placing a photo of the Klu Klux Klan cross-burning on Democracy Wall she violated her affirmation of office, demonstrated intolerance and non-compliance with the ToS and Community Standards, and failed in her duty as a member of the Representative Assembly to uphold the principles of the UDHR.

For this egregious disregard of her Constitutional obligations we further request that CLEOPATRA Xigalia be barred from holding future office in the government of the CDS.

---------------------------------------------------------
SUPPORTING MATERIALS AND LINKS

1. U.S. Supreme Court ruling on cross-burning, reported by CBS News, April 7, 2003

"A divided Supreme Court upheld a state ban on cross burning, ruling Monday that the history of racial intimidation attached to this symbol outweighs the free speech protection of Ku Klux Klansmen (sic)

A burning cross is an instrument of terror, and government should have the power to stamp out or punish its use, Justice Sandra Day O'Connor wrote.

"The protections afforded by the First Amendment ... are not absolute," O'Connor wrote for herself and four other justices."

http://www.cbsnews.com/news/high-court- ... rning-ban/

Additional information about the Klu Klux Klan

US Supreme Court finds that intimidation and hate speech are not protected rights under the First Amendment. While the burning of a cross may not always be an act of intimidation, in the context of the Klu Klux Klan it is.
http://www.cnn.com/2003/LAW/04/07/scotus.cross.burning/
http://www.splcenter.org/get-informed/i ... -klux-klan
http://www.pbs.org/wnet/jimcrow/stories_events_kkk.html

2. CLEOPATRA Xigalia's affirmation of office. (http://forums.slcds.info/viewtopic.php?f=2&t=4767 )
"[2014/05/31 09:21:28] CLEOPATRA Xigalia: , having been elected as a Member of the Representative Assembly
[2014/05/31 09:21:41] CLEOPATRA Xigalia: of the Confederation of Democratic Simulators, do solemnly affirm that I will faithfully discharge my duties as such to the best of my ability, that I will bear true faith and allegiance to the Confederation of Democratic Simulators, and that I will preserve, protect and defend the Constitution of Confederation of Democratic Simulators.

3. CDS Constitution (http://portal.slcds.info/index.php/cds-constitution/)
PREAMBLE
All branches of the government are bound to serve the public before themselves and to uphold the Universal Declaration Of Human Rights, Founding Philosophy, Constitution, local laws, the SL ToS, and Community Standards without exception.

4. Second Life Community Standards (https://secondlife.com/corporate/cs.php) sets out six behaviors, the 'Big Six', that will result in suspension or, with repeated violations, expulsion from the Second Life Community.
All Second Life Community Standards apply to all areas of Second Life, the Second Life Forums, and the Second Life Website.
Intolerance
Combating intolerance is a cornerstone of Second Life's Community Standards. Actions that marginalize, belittle, or defame individuals or groups inhibit the satisfying exchange of ideas and diminish the Second Life community as a whole. The use of derogatory or demeaning language or images in reference to another Resident's race, ethnicity, gender, religion, or sexual orientation is never allowed in Second Life.

5. Universal Declaration of Human Rights (http://www.un.org/en/documents/udhr/)
PREAMBLE
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Article 1.
· All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
Article 2.
· Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
Article 3.
· Everyone has the right to life, liberty and security of person.
Article 7.
· All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Article 30.
· Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.


6. Note card with the Democracy Wall: An interactive public forum in CDS
Democracy Wall instructions and ethics
Instructions
Put CDS group tag on.
DO NOT edit, just drag the texture onto the top of the poster and drag your notecard if you want to place one.
The parameters are simple:
1) Permission is granted to all of CDS members to drag a texture onto a free poster
2) The messages should not be personal--no direct mention of any CDS member, faction, official, etc.
3) The messags (sic) should not be incendiary in their language, or graphic in their images
4) That supplemental information be given in a notecard in the sign if so desired
Mechanisms for management of the park and its content:
1) Every Sunday evening, one of the EM will go by and delete the textures and notecards, so that Monday morning brings a new perspective and hopefully less need to vent.
2) If someone feels that the sign contains libelous allegations, they should appeal to the SC to consider removing the content.
The RA, SC and Chancellor will review the use of this democracy wall (sic) over after a three month period, and if we manage to use it in a civil and constructive manner, then it can become a permanent feature of CDS. Sort of like a popular democracy within the more formal setting that governs CDS.
PLEASE RESPECT OTHER PEOPLE'S POSTERS, DO NO (sic) DEFACE THEM OR PUT TEXTURES ON TOP.

7. Affidavit by Gaius Tiberius Curio
I was laying on my couch in my forum at E.03 in Colonia Nova, when I noticed CLEOPATRA Xigalia was at the Democracy Wall. I cammed over to the Democracy Wall to see Xigalia examining a poster depicting a 'granny avi' with the quote of Theodore Roosevelt, "Walk softly and carry a big stick."
I then saw CLEOPATRA place a texture of the KKK burning a cross on one of the spaces for the Democracy Wall, the same texture that Vic Mornington captured in a screenshot and posted to the forums.
Gaius's actual unmodifiable affidavit notecard is being sent separately.

8. Photograph of Democracy Wall by Victor1 » Sat Oct 11, 2014 10:28 am (http://forums.slcds.info/viewtopic.php?f=1&t=5827)

People often say that, in a democracy, decisions are made by a majority of the people. Of course, that is not true. Decisions are made by a majority of those who make themselves heard and who vote -- a very different thing.

Walter H. Judd
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Re: Request to Impeach Cleopatra Xigalia - RA member

Post by Callipygian »

While Cleopatra Xigalia did not post an official resignation, as per the law:

Resignation of Elected Members of Government Act

Preamble: To ensure that it is clear when an elected government official has resigned and the process to replace him or her must begin. To also provide a record of such resignation, and provide a check and balance to ensure that resignations are acted on.

An elected member of government who wishes to resign will do so by submitting a notecard to the LRA and to the Dean of the SC indicating that he or she is resigning; he or she will also post a notice of their resignation in the relevant discussion Forum of his or her arm of government:
-Chancellor in the Executive Branch Announcements Forum
-RA member in the Representative Assembly Discussion Forum

the LRA accepted her Instant Message of resignation and the RA voted to accept it.

This removes the possibility of impeachment and this petition will not be acted on. However, a secondary request to bar future holding of office was included in this petition; should the petitioners wish to pursue this secondary action a new petition must be submitted.

People often say that, in a democracy, decisions are made by a majority of the people. Of course, that is not true. Decisions are made by a majority of those who make themselves heard and who vote -- a very different thing.

Walter H. Judd
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