Reform of the CDS Land Use Commission (LUC)

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Re: Reform of the CDS Land Use Commission (LUC)

Post by Tanoujin Milestone »

Thank you for your constant contributions and engagement, Almut. Since I still understand myself as a Representative, I am still collecting personal opinions about this draft in the background. Everyone is invited to contact me regarding this. I will be with you on this in a few days.

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Re: Reform of the CDS Land Use Commission (LUC)

Post by Rosie Gray »

(I have based this on Almut’s draft which is also partly based on Tanoujin’s draft. Since there is so much to change, I propose that the initial CDSL 21-01 be repealed and a new law created.)

CDSL 34-01 Land-Use Commission Act
Enacted 16 October 2014
Updated by the 34th RA, Dec. 2020

LAND USE COMMISSION ACT
1 Motivation and Purpose

(A) The Confederation of Democratic Simulators (CDS) strives to let citizens actively participate by proposing, discussing, deciding and implementing the three-dimensional environment and all its directly related topics and items which make up the geography of the CDS territories. This may also comprise the control of environmental conditions like regional windlight settings, seasonal changes and other phenomenons, so far these are controllable by Second Life residents with the respective permissions.

(B) As the elected body for this goal, the Representative Assembly (RA), in accord with its constitutionally mandated service role to “perform long term planning,” shall establish a permanent commission as a means to advise, to prepare, to record and to supervise their approved projects with respect to the CDS land use. This commission shall be called the Land Use Commission (LUC).

(C) The LUC is a permanent commission of the citizenship of the CDS under direct supervision and control of the RA for the purposes outlined in (B). Its powers and permissions are directly tied to public discussions in the CDS Discussion Forums and to the votes of the RA. The LUC shall be responsive to requests from the RA and the Chancellor, but may set its own agenda.

(D) The LUC is obliged to collaborate closely with the Chancellor in an advisory role. This way, the LUC shall assist the Chancellor in fulfilling his/her constitutional tasks with respect to land use and to help integrate new buildings and infrastructure into the landscape. This comprises, but is not limited to trees, rocks, water, roads, parcels, permanent decor, CDS-owned infrastructure and terraforming.

(E) Referring to (B), the LUC shall work out and recommend concepts of region development and usage both on public and private land, to advise the RA on keeping the covenants up to date and recommend new, more effective technologies as they become available. The LUC may inspect public and private land to find problematic locations that need improvement and make those recommendations to the Chancellor and the RA.

(F) Another obligation of the LUC shall be to create and to maintain suitable documentation such as drawings, maps, spreadsheets and more for RA and citizen understanding of projects.

(G) Though the long-time experience has shown that the commissioned creators of public projects are often LUC members, the LUC as such must not serve as the actual building contractor in order to prevent conflicts of interest. Building contractors may be suggested by the LUC to the Chancellor who will contract the actual work to a qualified CDS Artisan Guild member, or a member of the Executive team or CDS citizen at large.

2 Membership, Structure and Roles

A) The LUC shall be re-established at the beginning of every election term. The LUC term in office shall be bound on the CDS election period and shall end automatically as soon as a newly elected RA has gathered for the first time.

(B) The LUC shall be composed of six members, preferably design experts of various fields of activity, and further interested citizens in order to encompass a variety of viewpoints and approaches to the discussed matters. Such members are to be appointed by:
1. Two citizens from the CDS Artisan Guild,
2. One RA member appointed by the RA
3. One citizen from the Executive Branch appointed by the Chancellor
4. Two citizens in good standing appointed by the RA

(C) The LUC shall elect the LUC Chairperson, the LUC Deputy Chair as pro tempore and the LUC Secretary. The regulation regarding their term in office shall apply as defined in (A).

(D) The LUC shall follow democratic modes of decision making as usual at any RA committee. Though meetings are public in general and citizens are welcome to attend at any time, only LUC members have the right to vote.

(E) It is the obligation of the LUC Chairperson or - in the case of absence of the LUC Councilor - of the LUC Deputy Chair to set up the agenda for the LUC meetings, to invite the LUC members and all interested citizens to meetings and other activities of the LUC, to moderate the meetings and to represent the LUC in the CDS public.

(F) It is the obligation of the LUC Secretary to publish the meeting transcripts and keep the Minutes of Meeting in the LUC Forum. Minutes of all meetings shall be accepted at the following regular meeting, and be published with the transcript of that regular meeting.

(G) It is the obligation of the RA LUC Delegate to report the RA at any meeting about the ongoing work of the LUC.

(H) A LUC member may resign or be removed from office at the discretion of the RA upon the recommendation of their nominator. This resulting vacancy, or the vacancies due to end-of-term, shall be filled according to the legislative process, the new member(s) assuming the term of the member(s) replaced.

3 Meetings

(A) Ordinary meetings of the LUC shall be held at published times, at a frequency dependent on the demands of its mandate, but not less than once per month.

(B) The LUC has the right to decide a Code of Procedure for its meetings. This Code of Procedure shall be published in the forum.

(C) The LUC is expected to welcome all interested citizens as guests at their meetings and be open to their suggestions and concerns. It is expected that all guests behave respectfully and that they comply with the rules of the Code of Procedure.

(D) The LUC Chairperson and the LUC Deputy Chair have the right to invite LUC members to on-site inspections. For this kind of meeting, a public invitation is not obligatory.

4 Public Information and Discourse Policy

(A) Permanent changes to public land, outside of the seasonal tree and ground texture changes and official CDS temporary structures for events, have to be announced in the CDS Forum and allow a sufficient comment period to make sure the interests and concerns of all interested citizens can be taken into account by the RA. Public spaces have to be developed in accordance with policy and changes need to be subject to public comment and review.

(B) The duration of comment periods in the CDS Forums is defined in a separate law by the RA.

(C) The regulations of the LUC Act regarding transparent region development guidelines must not be in contradiction to other laws.

5 Additional Responsibilities

MASTER PLAN
The Commission shall create, update and maintain a CDS master plan, under which future expansions in land area and themes shall occur. This plan shall be submitted to and approved by the RA, as well as being resubmitted to the RA for approval whenever modifications are deemed necessary by either the Commission or the RA.

NEW REGION PLANNING
The Land Use Commission shall, upon a request from the RA or the Chancellor, investigate the viability of new region purchase and present recommendations to both bodies. This will include, but is not limited to:

1. Consideration of type of region (full region, homestead, void, or other types that might become available in the future);
2. Consideration of placement of region;
3. Consideration of region theme;
4. A survey of Citizens;
5. Appropriate In-world meetings for discussion and public comments;.
6. Compilation and summarization of ideas and comments from citizens from surveys and official meetings, or future channels as they may be useful.
7. A consideration of finances, balance of public and private prims and any specific public spaces appropriate to the theme.
8. A draft of legislation for the acquisition of a new region or regions, including covenants and/or codes for said region, which shall regulate the manipulation or use of CDS’ three-dimensional, graphical environment, whether on Public or Private parcels.

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Re: Reform of the CDS Land Use Commission (LUC)

Post by Lilith Ivory »

Perfect!

Thank you Rosie :)

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Re: Reform of the CDS Land Use Commission (LUC)

Post by Tanoujin Milestone »

comment1

2G) it is kind of doubling the task of the secretary to post transcript and minutes to make the RA Rep report. I suggest we fix that the RA Rep has the privilege to comment first on the LUC-report (=the posted Minutes) if the feel the need to share something with their colleagues and the audience. I believe it is a no brainer that RA Members have to read the LUC Minutes in Preparation of the Meeting or ask for time to consult them during the meeting if necessary.

comment2
I would like to have any meetings of the LUC announced, public (=allowing the attendance of interested citizens)and transcripted, including meetings on site. I believe there is always the possibility to meet in an informal way with whoever you want, no need to explicitely code that as a loophole.

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Re: Reform of the CDS Land Use Commission (LUC)

Post by Tanoujin Milestone »

To make it clear: I would like to see 2G and 3D striked. Especially 3D: let us avoid any tendencies to establish closed meetings. Even the RA has the obligation to publish their closed meetings after some time. We have enough background activity, and that is okay, but I do not want to have it mixed up with the layer of official work. Thank you.

Now I am eager to know what Almut has to say about this new proposal.

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Re: Reform of the CDS Land Use Commission (LUC)

Post by Rosie Gray »

Okay, that works for me Tan.

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Re: Reform of the CDS Land Use Commission (LUC)

Post by Rosie Gray »

(I have based this on Almut’s draft which is also partly based on Tanoujin’s draft. Since there is so much to change, I propose that the initial CDSL 21-01 be repealed and a new law created.)

CDSL 34-01 Land-Use Commission Act
Enacted 16 October 2014
Updated by the 34th RA, Dec. 2020

LAND USE COMMISSION ACT
1 Motivation and Purpose

(A) The Confederation of Democratic Simulators (CDS) strives to let citizens actively participate by proposing, discussing, deciding and implementing the three-dimensional environment and all its directly related topics and items which make up the geography of the CDS territories. This may also comprise the control of environmental conditions like regional windlight settings, seasonal changes and other phenomenons, so far these are controllable by Second Life residents with the respective permissions.

(B) As the elected body for this goal, the Representative Assembly (RA), in accord with its constitutionally mandated service role to “perform long term planning,” shall establish a permanent commission as a means to advise, to prepare, to record and to supervise their approved projects with respect to the CDS land use. This commission shall be called the Land Use Commission (LUC).

(C) The LUC is a permanent commission of the citizenship of the CDS under direct supervision and control of the RA for the purposes outlined in (B). Its powers and permissions are directly tied to public discussions in the CDS Discussion Forums and to the votes of the RA. The LUC shall be responsive to requests from the RA and the Chancellor, but may set its own agenda.

(D) The LUC is obliged to collaborate closely with the Chancellor in an advisory role. This way, the LUC shall assist the Chancellor in fulfilling his/her constitutional tasks with respect to land use and to help integrate new buildings and infrastructure into the landscape. This comprises, but is not limited to trees, rocks, water, roads, parcels, permanent decor, CDS-owned infrastructure and terraforming.

(E) Referring to (B), the LUC shall work out and recommend concepts of region development and usage both on public and private land, to advise the RA on keeping the covenants up to date and recommend new, more effective technologies as they become available. The LUC may inspect public and private land to find problematic locations that need improvement and make those recommendations to the Chancellor and the RA.

(F) Another obligation of the LUC shall be to create and to maintain suitable documentation such as drawings, maps, spreadsheets and more for RA and citizen understanding of projects.

(G) Though the long-time experience has shown that the commissioned creators of public projects are often LUC members, the LUC as such must not serve as the actual building contractor in order to prevent conflicts of interest. Building contractors may be suggested by the LUC to the Chancellor who will contract the actual work to a qualified CDS Artisan Guild member, or a member of the Executive team or CDS citizen at large.

2 Membership, Structure and Roles

A) The LUC shall be re-established at the beginning of every election term. The LUC term in office shall be bound on the CDS election period and shall end automatically as soon as a newly elected RA has gathered for the first time.

(B) The LUC shall be composed of six members, preferably design experts of various fields of activity, and further interested citizens in order to encompass a variety of viewpoints and approaches to the discussed matters. Such members are to be appointed by:
1. Two citizens from the CDS Artisan Guild,
2. One RA member appointed by the RA
3. One citizen from the Executive Branch appointed by the Chancellor
4. Two citizens in good standing appointed by the RA

(C) The LUC shall elect the LUC Chairperson, the LUC Deputy Chair as pro tempore and the LUC Secretary. The regulation regarding their term in office shall apply as defined in (A).

(D) The LUC shall follow democratic modes of decision making as usual at any RA committee. Though meetings are public in general and citizens are welcome to attend at any time, only LUC members have the right to vote.

(E) It is the obligation of the LUC Chairperson or - in the case of absence of the LUC Councilor - of the LUC Deputy Chair to set up the agenda for the LUC meetings, to invite the LUC members and all interested citizens to meetings and other activities of the LUC, to moderate the meetings and to represent the LUC in the CDS public.

(F) It is the obligation of the LUC Secretary to publish the meeting transcripts and keep the Minutes of Meeting in the LUC Forum. Minutes of all meetings shall be accepted at the following regular meeting, and be published with the transcript of that regular meeting.

(G) A LUC member may resign or be removed from office at the discretion of the RA upon the recommendation of their nominator. This resulting vacancy, or the vacancies due to end-of-term, shall be filled according to the legislative process, the new member(s) assuming the term of the member(s) replaced.

3 Meetings

(A) Ordinary meetings of the LUC shall be held at published times, at a frequency dependent on the demands of its mandate, but not less than once per month.

(B) The LUC has the right to decide a Code of Procedure for its meetings. This Code of Procedure shall be published in the forum.

(C) The LUC is expected to welcome all interested citizens as guests at their meetings and be open to their suggestions and concerns. It is expected that all guests behave respectfully and that they comply with the rules of the Code of Procedure.

4 Public Information and Discourse Policy

(A) Permanent changes to public land, outside of the seasonal tree and ground texture changes and official CDS temporary structures for events, have to be announced in the CDS Forum and allow a sufficient comment period to make sure the interests and concerns of all interested citizens can be taken into account by the RA. Public spaces have to be developed in accordance with policy and changes need to be subject to public comment and review.

(B) The duration of comment periods in the CDS Forums is defined in a separate law by the RA.

(C) The regulations of the LUC Act regarding transparent region development guidelines must not be in contradiction to other laws.

5 Additional Responsibilities

MASTER PLAN
The Commission shall create, update and maintain a CDS master plan, under which future expansions in land area and themes shall occur. This plan shall be submitted to and approved by the RA, as well as being resubmitted to the RA for approval whenever modifications are deemed necessary by either the Commission or the RA.

NEW REGION PLANNING
The Land Use Commission shall, upon a request from the RA or the Chancellor, investigate the viability of new region purchase and present recommendations to both bodies. This will include, but is not limited to:

1. Consideration of type of region (full region, homestead, void, or other types that might become available in the future);
2. Consideration of placement of region;
3. Consideration of region theme;
4. A survey of Citizens;
5. Appropriate In-world meetings for discussion and public comments;.
6. Compilation and summarization of ideas and comments from citizens from surveys and official meetings, or future channels as they may be useful.
7. A consideration of finances, balance of public and private prims and any specific public spaces appropriate to the theme.
8. A draft of legislation for the acquisition of a new region or regions, including covenants and/or codes for said region, which shall regulate the manipulation or use of CDS’ three-dimensional, graphical environment, whether on Public or Private parcels.

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Re: Reform of the CDS Land Use Commission (LUC)

Post by Almut Brunswick »

First of all my special thanks to Rosie for ironing out my English wording and grammar mistakes. I agree with most of her changes with one exception, and this is caused by our different view on what she and I understand as "executive". So the changed definition

(C) The LUC is a permanent commission of the citizenship of the CDS under direct supervision and control of the RA

is IMHO a regress to what I actually want to emphasize in this paragraph. Yes, the LUC is a commission of course, but the core of the sentence shall be that this commission executes requests of the RA which results in providing a sufficient database to the RA for their decisions. The 5 Additional Responsibilities extend the tasks way more than it was in the past. And that is a good thing I really appreciate! But what is the problem to acknowledge that the LUC is de facto a very active executing body in the CDS even when it is not part of the Chancellor's executive organs?

Furthermore, I see it very critical that a body under direct supervision and control of the RA which - when I follow Rosie here - shall not be named an excecutive organ, but then that the LUC shall be responsive to requests from the Chancellor, too. That would be acceptable for me when the executive nature of the LUC would be finally acknowledged and this term would be used somewhere in 1 (C). Otherwise I cannot agree to this change. Also (D) would become problematic then.

My proposal for I (C) is therefore:

(C) The LUC is a permanent commission of the citizenship of the CDS under direct supervision and control of the RA for the purposes outlined in (B). Its executive powers and permissions are directly tied to public discussions in the CDS Discussion Forums and to the votes of the RA. The LUC shall be responsive to requests from the RA and the Chancellor, but may set its own agenda.

Just some wording cosmetics: I'm not quite happy to keep the title LUC Chair, since I think that LUC Councilor would meet the actual tasks much better. (And for a German, a "chair" is in first line just a piece of furniture :D ). For the sake of old traditions and habits, I don't regard it as so crucial as the previous point. But when we agree on keeping that chair, we should consequently replace "LUC Councilor" in 2 (E), too.

I will reply to Tan's objections in a separate post.

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Re: Reform of the CDS Land Use Commission (LUC)

Post by Almut Brunswick »

Tanoujin Milestone wrote: Sat Nov 14, 2020 2:36 am

To make it clear: I would like to see 2G and 3D striked. Especially 3D: let us avoid any tendencies to establish closed meetings. Even the RA has the obligation to publish their closed meetings after some time. We have enough background activity, and that is okay, but I do not want to have it mixed up with the layer of official work. Thank you.

Now I am eager to know what Almut has to say about this new proposal.

Rosie has already stricken the passages 2G and 3D, and I disagree! I do want to have this means of holding closed LUC meetings especially when technical details are to be discussed which are not of public interest in their depth. At times it is better to focus on things rather than to be confronted with external input which might be sighttracking or in worst case even contraproductive. Just to understand me clearly: We are not talking about the LUC Meetings, just about occasional working meetings related to proposed or ongoing projects on site. Those meetings would not be kept secret when we post their motivation and results here in the forum. We should add this obligation to the draft, but not completely strike this sort of meeting. Thank you!

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Re: Reform of the CDS Land Use Commission (LUC)

Post by Tanoujin Milestone »

A QUICK INTERIM RESULT:

Thank you, Almut and Rosie, for keeping the momentum. We are close to reach a consensus between 3 of the designated RA members, constituting a quorate majority in the prospective Assembly. Let us not forget there might come two more players on the field, and we will have to take their input in account as well.

ITEMS REMAINING UNDER DISCUSSION:

§1(C) Public control on executive powers of the LUC

Almut’s initial suggestion:

(C) The LUC is an executive organ of the citizenship of the CDS under direct supervision and control of the RA for the purposes outlined in (B). Its powers and permissions are directly tied to public discussions in the CDS Discussion Forums and to the votes of the RA. The LUC shall be responsive to demands from the RA, but may set its own agenda.

Rosie’s revision:

(C) The LUC is a permanent commission of the citizenship of the CDS under direct supervision and control of the RA for the purposes outlined in (B). Its powers and permissions are directly tied to public discussions in the CDS Discussion Forums and to the votes of the RA. The LUC shall be responsive to requests from the RA and the Chancellor, but may set its own agenda.

Almut’s new suggestion:

(C) The LUC is a permanent commission of the citizenship of the CDS under direct supervision and control of the RA for the purposes outlined in (B). Its executive powers and permissions are directly tied to public discussions in the CDS Discussion Forums and to the votes of the RA. The LUC shall be responsive to requests from the RA and the Chancellor, but may set its own agenda.

My comment:

I have many thoughts on this, but no objections so far. If Rosie rates this as unproblematic we have reached consensus.

§2(E) LUC Councilor / LUC Deputy Councilor or LUC Chairperson / LUC Deputy Chair

Almut’s initial suggestion:

(E) It is the obligation of the LUC Councilor or - in the case of absence of the LUC Councilor - of the LUC Deputy Councilor to set up the agenda for the LUC meetings, to invite the LUC members and all interested citizens to meetings and other activities of the LUC, to moderate the meetings and to represent the LUC in the CDS public.

Rosie’s revision:

(E) It is the obligation of the LUC Chairperson or - in the case of absence of the LUC Councilor - of the LUC Deputy Chair to set up the agenda for the LUC meetings, to invite the LUC members and all interested citizens to meetings and other activities of the LUC, to moderate the meetings and to represent the LUC in the CDS public.

Almut’s new suggestion:

(E) It is the obligation of the LUC Chairperson or - in the case of absence of the LUC Chairperson - of the LUC Deputy Chair to set up the agenda for the LUC meetings, to invite the LUC members and all interested citizens to meetings and other activities of the LUC, to moderate the meetings and to represent the LUC in the CDS public.

My comment:

I agree with Almut that one set of labels should be consistently used. I notice she would prefer „LUC Councilor“ and „LUC Deputy Councilor“ but is willing to yield. I believe if we argue with consistency, it would be good to use functional labels throughout the whole political system, so I prefer the term „Chair“ or „Chairperson“. If Rosie has no further comment here, we have reached consensus.

2(G) The Role of the RA LUC Delegate

Almut’s initial suggestion:

(G) It is the obligation of the RA LUC Delegate to report the RA at any meeting about the ongoing work of the LUC.

Rosie’s revision:

(struck and replaced by the former item (H)

Almut’s new suggestion:

(re-establish)

My comment:

You find my arguments above https://forums.slcds.info/viewtopic.php?p=49980#p49980 (comment1). I would like to add that i felt it was awkward to let the RA LUC Delegate reproduce the LUC minutes, while the LUC-Chairperson was present and gave their own report later on. This is inefficient IMO and humiliating the Delegate in tendency.

My Proposal:

(G) It is considered advisable that the LUC-Chairperson or the LUC Deputy Chair by way of a substitute attend the meetings of the Representative Assembly to give a report about the ongoing work of the LUC and answer questions. If both the LUC-Chairperson and the LUC Deputy Chair are indisposed, the RA LUC Delegate shall fill this role. The RA LUC Delegate shall have the privilege to comment first on LUC related items. It is taken for granted that the Assembly Members read the LUC Minutes in preparation of the Meeting.

3(D) Transcripted on-site inspections without public invitation

Almut’s initial suggestion:

(D) The LUC Councilor and the LUC Deputy Councilor have the right to invite LUC members to internal working sessions and on-site inspections. For this kind of meeting, a public invitation is not obligatory.

Rosie’s revision:

(D) The LUC Chairperson and the LUC Deputy Chair have the right to invite LUC members to on-site inspections. For this kind of meeting, a public invitation is not obligatory.

(struck in the latest version)

Almut’s new suggestion:

(re-establish)

My comment:

I oppose non-public meetings by principle. But for the sake of progress I am willing to yield and propose the following compromise:

(D) The LUC Chairperson and the LUC Deputy Chair have the right to invite LUC members to on-site inspections. For this kind of meeting, a public invitation is not obligatory, albeit a transcript must be kept and published.

Caveat: If I read such a transcript and find a meeting was moved on site with the motivation to exclude inconvenient public participation instead of inspecting certain aspects of „the three-dimensional environment and all its directly related topics and items“ I will take appropriate action.

@ROSIE:
I volunteer to post an updated draft (including spellcheck) after you commented.

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Re: Reform of the CDS Land Use Commission (LUC)

Post by Rosie Gray »

Tanoujin Milestone wrote: Sun Nov 15, 2020 4:10 am

(C) Public control on executive powers of the LUC

Rosie’s revision:

(C) The LUC is a permanent commission of the citizenship of the CDS under direct supervision and control of the RA for the purposes outlined in (B). Its powers and permissions are directly tied to public discussions in the CDS Discussion Forums and to the votes of the RA. The LUC shall be responsive to requests from the RA and the Chancellor, but may set its own agenda.

Almut’s new suggestion:

(C) The LUC is a permanent commission of the citizenship of the CDS under direct supervision and control of the RA for the purposes outlined in (B). Its executive powers and permissions are directly tied to public discussions in the CDS Discussion Forums and to the votes of the RA. The LUC shall be responsive to requests from the RA and the Chancellor, but may set its own agenda.

My comment:

I have many thoughts on this, but no objections so far. If Rosie rates this as unproblematic we have reached consensus.

I do not feel comfortable in calling the LUC actions 'executive' unless they are under the direct supervision of the Chancellor as are the Estate Managers and the PIO. The aim we are working on, in my opinion, is to ensure that the LUC's actions are under the guidance and approval of both the RA and the Chancellor, not to make it autonomous. This from the CDS Constitution:

Constitution: Section 1 – The Chancellor

The Chancellor will serve as the executive of CDS, working to coordinate and plan community projects.

2(E) LUC Councilor / LUC Deputy Councilor or LUC Chairperson / LUC Deputy Chair

Almut’s new suggestion:

(E) It is the obligation of the LUC Chairperson or - in the case of absence of the LUC Chairperson - of the LUC Deputy Chair to set up the agenda for the LUC meetings, to invite the LUC members and all interested citizens to meetings and other activities of the LUC, to moderate the meetings and to represent the LUC in the CDS public.

I did intend to standardize the terms to 'Chairperson', or 'Chair'. Let's use Almut's new suggestion.

2(G) The Role of the RA LUC Delegate

My Proposal:

(G) It is considered advisable that the LUC-Chairperson or the LUC Deputy Chair by way of a substitute attend the meetings of the Representative Assembly to give a report about the ongoing work of the LUC and answer questions. If both the LUC-Chairperson and the LUC Deputy Chair are indisposed, the RA LUC Delegate shall fill this role. The RA LUC Delegate shall have the privilege to comment first on LUC related items. It is taken for granted that the Assembly Members read the LUC Minutes in preparation of the Meeting.

I agree with this proposal.

3(D) Transcripted on-site inspections without public invitation

My comment:

I oppose non-public meetings by principle. But for the sake of progress I am willing to yield and propose the following compromise:

(D) The LUC Chairperson and the LUC Deputy Chair have the right to invite LUC members to on-site inspections. For this kind of meeting, a public invitation is not obligatory, albeit a transcript must be kept and published.

Caveat: If I read such a transcript and find a meeting was moved on site with the motivation to exclude inconvenient public participation instead of inspecting certain aspects of „the three-dimensional environment and all its directly related topics and items“ I will take appropriate action.

I agree with this revision.

@ROSIE:
I volunteer to post an updated draft (including spellcheck) after you commented.

Thank you, Tan. And yes, noted that we will have (hopefully) two more RA members to review this as well.

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Re: Reform of the CDS Land Use Commission (LUC)

Post by Tanoujin Milestone »

I asked Almut to comment on this once more. Will post the new draft until Mon. 16th of Nov around noon

In a hurry, Tan

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Re: Reform of the CDS Land Use Commission (LUC)

Post by Almut Brunswick »

Rosie Gray wrote: Sun Nov 15, 2020 12:20 pm
Tanoujin Milestone wrote: Sun Nov 15, 2020 4:10 am

I (C) Public control on executive powers of the LUC

[...]
I do not feel comfortable in calling the LUC actions 'executive' unless they are under the direct supervision of the Chancellor as are the Estate Managers and the PIO. The aim we are working on, in my opinion, is to ensure that the LUC's actions are under the guidance and approval of both the RA and the Chancellor, not to make it autonomous. This from the CDS Constitution:

Constitution: Section 1 – The Chancellor

The Chancellor will serve as the executive of CDS, working to coordinate and plan community projects.

I do not feel comfortable when the Chancellor (along with the originally responsible RA) gets the right to use the LUC for multiple tasks like one of their exclusive executive organs, but still to negate that this access to the LUC means to use it in a clearly executive manner. I do not have any issue with such an access, but please call the animal by its name!

In German administrative law, we know the term "Auftragsverwaltung" which can be translated as "order management". This means that a NGO can execute responsibilities of public administration on behalf of the government. A well-known example is the obligatory bi-annual car inspection carried out by the TÜV e.V. or DEKRA e.V. which are both NGOs by their legal nature. Another example are the medical and welfare organisations like the German Red Cross which is performing tasks like disaster relief or civil protection on behalf of the responsible Federal or State Ministry of the Interior. Yet another prominent example are professional organisations which prepare norms and standards for the government which eventually get the rank of an official regulation on behalf of the respective responsible EU and national authorities.

When the LUC is not considered as an executive organ, but just as a NGO, why do we need an act to define its legal nature at all? This is not consequent. Other NGOs in the CDS do not need an act. As soon as a legal body is regulated by an act, because it is seen as necessary to run the CDS government, the decision must be made: "Is it part of the legislature, the jurisdiction or the excecutive?" Since there is no fourth power intended in the Constitution, it must belong to one of the three others.

Considering this, I tend to withdraw my compromise proposal and return to my initial version. De facto, the reformed LUC will resemble more an authority than ever before, even when its role will still be focused on making proposals and providing databases for decisions.

The LUC won't be autonomous at all, like Rosie said, but its dependency from the RA plus now the Chancellor will even increase.

2(E) LUC Councilor / LUC Deputy Councilor or LUC Chairperson / LUC Deputy Chair

(E) It is the obligation of the LUC Chairperson or - in the case of absence of the LUC Chairperson - of the LUC Deputy Chair to set up the agenda for the LUC meetings, to invite the LUC members and all interested citizens to meetings and other activities of the LUC, to moderate the meetings and to represent the LUC in the CDS public.

I propose 'Chairperson' and 'Deputy Chairperson' just to use the -person addition in both titles.

2(G) The Role of the RA LUC Delegate

My Proposal:

(G) It is considered advisable that the LUC-Chairperson or the LUC Deputy Chairperson by way of a substitute attend the meetings of the Representative Assembly to give a report about the ongoing work of the LUC and answer questions. If both the LUC Chairperson and the LUC Deputy Chairperson are indisposed, the RA LUC Delegate shall fill this role. The RA LUC Delegate shall have the privilege to comment first on LUC related items. It is taken for granted that the Assembly Members read the LUC Minutes in preparation of the Meeting.

I agree with this proposal, too.

3(D) Transcripted on-site inspections without public invitation

My comment:

I oppose non-public meetings by principle. But for the sake of progress I am willing to yield and propose the following compromise:

(D) The LUC Chairperson and the LUC Deputy Chair have the right to invite LUC members to on-site inspections. For this kind of meeting, a public invitation is not obligatory, albeit a transcript must be kept and published.

Caveat: If I read such a transcript and find a meeting was moved on site with the motivation to exclude inconvenient public participation instead of inspecting certain aspects of „the three-dimensional environment and all its directly related topics and items“ I will take appropriate action.

I agree with this revision. Let me direct your view on following scenario: When such on-site meetings without public invitation are not possible within the LUC, they will just take place "in private conspiracy" and without *any* transscript for the public. That is not really a good alternative, right?

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Re: Reform of the CDS Land Use Commission (LUC)

Post by Tanoujin Milestone »

Draft 202011161200

CDSL 34-01 Land-Use Commission Act
Enacted 16 October 2014
Updated by the 34th RA, Dec. 2020

LAND USE COMMISSION ACT
1 Motivation and Purpose

(A) The Confederation of Democratic Simulators (CDS) strives to let citizens actively participate by proposing, discussing, deciding and implementing the three-dimensional environment and all its directly related topics and items which make up the geography of the CDS territories. This may also comprise the control of environmental conditions like regional Windlight settings, seasonal changes and other phenomenons, so far these are controllable by Second Life residents with the respective permissions.

(B) As the elected body for this goal, the Representative Assembly (RA), in accord with its constitutionally mandated service role to “perform long term planning,” shall establish a permanent commission as a means to advise, to prepare, to record and to supervise their approved projects with respect to the CDS land use. This commission shall be called the Land Use Commission (LUC).

(C) The LUC is a permanent commission of the citizenship of the CDS under direct supervision and control of the RA for the purposes outlined in (B). Its executive [controversial] powers and permissions are directly tied to public discussions in the CDS Discussion Forums and to the votes of the RA. The LUC shall be responsive to requests from the RA and the Chancellor, but may set its own agenda.

(D) The LUC is obliged to collaborate closely with the Chancellor in an advisory role. This way, the LUC shall assist the Chancellor in fulfilling his/her constitutional tasks with respect to land use and to help integrate new buildings and infrastructure into the landscape. This comprises, but is not limited to trees, rocks, water, roads, parcels, permanent decor, CDS-owned infrastructure and terraforming.

(E) Referring to (B), the LUC shall work out and recommend concepts of region development and usage both on public and private land, to advise the RA on keeping the covenants up to date and recommend new, more effective technologies as they become available. The LUC may inspect public and private land to find problematic locations that need improvement and make those recommendations to the Chancellor and the RA.

(F) Another obligation of the LUC shall be to create and to maintain suitable documentation such as drawings, maps, spreadsheets and more for RA and citizen understanding of projects.

(G) Though the long-time experience has shown that the commissioned creators of public projects are often LUC members, the LUC as such must not serve as the actual building contractor in order to prevent conflicts of interest. Building contractors may be suggested by the LUC to the Chancellor who will contract the actual work to a qualified CDS Artisan Guild member, or a member of the Executive team or CDS citizen at large.

2 Membership, Structure and Roles

A) The LUC shall be re-established at the beginning of every election term. The LUC term in office shall be bound on the CDS election period and shall end automatically as soon as a newly elected RA has gathered for the first time.

(B) The LUC shall be composed of six members, preferably design experts of various fields of activity, and further interested citizens in order to encompass a variety of viewpoints and approaches to the discussed matters. Such members are to be appointed by:
1. Two citizens from the CDS Artisan Guild,
2. One RA member appointed by the RA
3. One citizen from the Executive Branch appointed by the Chancellor
4. Two citizens in good standing appointed by the RA

(C) The LUC shall elect the LUC Chairperson, the LUC Deputy Chairperson as pro tempore and the LUC Secretary. The regulation regarding their term in office shall apply as defined in (A).

(D) The LUC shall follow democratic modes of decision making as usual at any RA committee. Though meetings are public in general and citizens are welcome to attend at any time, only LUC members have the right to vote.

(E) It is the obligation of the LUC Chairperson or - in the case of absence of the LUC Chairperson - of the LUC Deputy Chairperson to set up the agenda for the LUC meetings, to invite the LUC members and all interested citizens to meetings and other activities of the LUC, to moderate the meetings and to represent the LUC in the CDS public.

(F) It is the obligation of the LUC Secretary to publish the meeting transcripts and keep the Minutes of Meeting in the LUC Forum. Minutes of all meetings shall be accepted at the following regular meeting, and be published with the transcript of that regular meeting.

(G) It is considered advisable that the LUC-Chairperson or the LUC Deputy Chairperson by way of a substitute attend the meetings of the Representative Assembly to give a report about the ongoing work of the LUC and answer questions. If both the LUC-Chairperson and the LUC Deputy Chairperson are indisposed, the RA LUC Delegate shall fill this role. The RA LUC Delegate shall have the privilege to comment first on LUC related items. It is taken for granted that the Assembly Members read the LUC Minutes in preparation of the Meeting.

(H) A LUC member may resign or be removed from office at the discretion of the RA upon the recommendation of their nominator. This resulting vacancy, or the vacancies due to end-of-term, shall be filled according to the legislative process, the new member(s) assuming the term of the member(s) replaced.

3 Meetings

(A) Ordinary meetings of the LUC shall be held at published times, at a frequency dependent on the demands of its mandate, but not less than once per month.

(B) The LUC has the right to decide a Code of Procedure for its meetings. This Code of Procedure shall be published in the forum.

(C) The LUC is expected to welcome all interested citizens as guests at their meetings and be open to their suggestions and concerns. It is expected that all guests behave respectfully and that they comply with the rules of the Code of Procedure.

(D) The LUC Chairperson and the LUC Deputy Chair have the right to invite LUC members to on-site inspections. For this kind of meeting, a public invitation is not obligatory, albeit a transcript must be kept and published.

4 Public Information and Discourse Policy

(A) Permanent changes to public land, outside of the seasonal tree and ground texture changes and official CDS temporary structures for events, have to be announced in the CDS Forum and allow a sufficient comment period to make sure the interests and concerns of all interested citizens can be taken into account by the RA. Public spaces have to be developed in accordance with policy and changes need to be subject to public comment and review.

(B) The duration of comment periods in the CDS Forums is defined in a separate law by the RA.

(C) The regulations of the LUC Act regarding transparent region development guidelines must not be in contradiction to other laws.

5 Additional Responsibilities

MASTER PLAN
The Commission shall create, update and maintain a CDS master plan, under which future expansions in land area and themes shall occur. This plan shall be submitted to and approved by the RA, as well as being resubmitted to the RA for approval whenever modifications are deemed necessary by either the Commission or the RA.

NEW REGION PLANNING
The Land Use Commission shall, upon a request from the RA or the Chancellor, investigate the viability of new region purchase and present recommendations to both bodies. This will include, but is not limited to:

1. Consideration of type of region (full region, homestead, void, or other types that might become available in the future);
2. Consideration of placement of region;
3. Consideration of region theme;
4. A survey of Citizens;
5. Appropriate In-world meetings for discussion and public comments;.
6. Compilation and summarization of ideas and comments from citizens from surveys and official meetings, or future channels as they may be useful.
7. A consideration of finances, balance of public and private prims and any specific public spaces appropriate to the theme.
8. A draft of legislation for the acquisition of a new region or regions, including covenants and/or codes for said region, which shall regulate the manipulation or use of CDS’ three-dimensional, graphical environment, whether on Public or Private parcels.

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Re: Reform of the CDS Land Use Commission (LUC)

Post by Almut Brunswick »

I had some thoughts about the detailed two last topics summarised in Paragraph 5 and came to the conclusion that they better should not be integral part of the LUC Act. Instead, the LUC Act should just be seen as a framework while the namely two topics should be treated separately as Implementing Ordinances (German: Durchführungsverordnungen) to the LUC Act.

Tanoujin Milestone wrote: Mon Nov 16, 2020 12:57 pm

Implementing Ordinances (instead of 5 Additional Responsibilities)

First Implementing Ordinance to the LUC Law of Dec. 2020: MASTER PLAN
Based upon the Paragraphs 1 (E) and (F) of the LUC Act, the Land Use Commission shall create, update and maintain a CDS master plan, under which future expansions in land area and themes shall occur. This plan shall be submitted to and approved by the RA, as well as being resubmitted to the RA for approval whenever modifications are deemed necessary by either the Commission or the RA.

Second Implementing Ordinance to the LUC Law of Dec. 2020: NEW REGION PLANNING
Based upon the Paragraphs 1 (E) and (F) of the LUC Act, the Land Use Commission shall, upon a request from the RA or the Chancellor, investigate the viability of new region purchase and present recommendations to both bodies. This will include, but is not limited to:

1. Consideration of type of region (full region, homestead, void, or other types that might become available in the future).
2. Consideration of placement of region.
3. Consideration of region theme.
4. A survey of Citizens.
5. Appropriate In-world meetings for discussion and public comments.
6. Compilation and summarization of ideas and comments from citizens from surveys and official meetings, or future channels as they may be useful.
7. A consideration of finances, balance of public and private prims and any specific public spaces appropriate to the theme.
8. A draft of legislation for the acquisition of a new region or regions, including covenants and/or codes for said region, which shall regulate the manipulation or use of CDS’ three-dimensional, graphical environment, whether on Public or Private parcels.

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