Petition re: Legality of EO and Treasurer Actions -Xigalia

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Callipygian
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Petition re: Legality of EO and Treasurer Actions -Xigalia

Post by Callipygian »

The following petition was received from Ceasar Xigalia and is posted here for discussion:

WHEREAS, the CDS Constitution stipulates (Preamble) that:

“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”;

WHEREAS, the CDS Constitution stipulates that (extract):
“Section 1 – The Chancellor
The Chancellor will serve as the executive of CDS, working to coordinate and plan community projects.
Section 2 – Powers of the Chancellor
The Chancellor of CDS shall, subject to the laws of CDS, have the power:
(a) to determine the use to which any and all land in CDS shall be put;
(b) to expend monies held by the Office of the Chancellor of CDS for the administration and management of public facilities (including, but not limited to, roadways, signage, public buildings, public events and similar), and to discharge any other duties or powers of the Office of the Chancellor conferred by this Act or any other Act of the Representative Assembly;
(c) to publicise CDS;
(d) to appoint and pay deputies or other staff to hold office in the Office of the Chancellor of CDS to facilitate the discharge of any function of the Office of the Chancellor conferred by this Act or any other Act of the Representative Assembly;
(e) subject to the payment of adequate compensation to any citizen or citizens thereby affected, reclaim or swap any land held by any citizen of CDS for the purposes of discharging any function of the Office of the Chancellor conferred by this Act or any other Act of the Representative Assembly, provided always that no citizen of CDS shall not be caused to have no holding in Neufriestadt at all thereby;
(f) to make regulations pursuant to the above; and
(g) to enforce such regulations in accordance with law.”
WHEREAS, NL 8-4 Private Development Act, NL 5-5 Treasurer Act, NL 5-6 Estate Owner Act fall within the competencies awarded to the Chancellor by the CDS Constitution as specified above;

WHEREAS, the CDS Treasurer and EO, Sudane Erato (AKA Rudeen) refused on repeated occasions to follow the direct instructions of the CDS Chancellor with regard to the implementation of the CDS law NL 8-4 Private Development Act, despite the fact that all the provisions of NL 8-4 Private Development Act have been demonstrably complied with (see correspondence annexed hereto in Appendix A);

WHEREAS, said Treasurer and EO continues to refuse to follow the Chancellor’s express and specific instructions to:
• transfer the sim Symbiosis from Bromo Ivory to Rudeen as EO of CDS;
• change the name of said sim from Symbiosis to Dougga;
• move the sim from its current position (more than two sim spaces away from CDS) to a position next to Colonia Nova (to the north edge of Colonia Nova);
• set up the Hippo system and payment posts for each private parcel on the new sim (39 parcels);

WHEREAS, with due regard to the Treasurer’s and EO’s life appointment in her current position, I do not wish to take at this time the remedial administrative actions I am constitutionally authorized and mandated to take in such situations against her, before the SC issues a binding and mandatory ruling on the legality of her actions and confirms my authority to act accordingly;

WHEREAS, the offer extended by Bromo Ivory to donate the Symbiosis sim to CDS expires on October 20, 2014, being the due date of his next tier payment to Linden Labs;

WHEREAS, the Citizens of CDS have expressed their specific, express, and clear wish to the Government of CDS, composed of its Executive, Legislative, Scientific and Administrative Branches, in a vote held concurrently with the last elections, in a proportion of 73.85 % of voting citizens (out of 65 voting citizens) and 55.81 % of all citizens eligible to vote (86 at the time), with only 8 citizens opposed and 9 abstentions, that the Confederation of the Democratic Simulators purchase at least one new region (sim) during the 21st RA term – such term now set to soon; and

WHEREAS this democratic manifestation of popular will will not be complied with, as required by CDS Founding Principles, CDS Constitution, appropriate CDS legislation, and clear and unambiguous Referendum results, unless the transfer of aforementioned Symbiosis sim actually takes place on or before October 20, 2014;

THEREFORE:

I hereby officially request that the Scientific Council meet in an Emergency Session in order to rule, by Wednesday, October 8, 2014 at the latest, on the following critical constitutional issues, vital to the continuing existence of CDS as a democratic community as required by its Constitution, and respectful of the rule of law as well as of the specifically expressed will of its own citizens in a Referendum:

1. Can a CDS Treasurer, being a CDS administrator subject to the direct authority of a duly elected CDS Chancellor, purposefully and wantonly disregard on repeated occasions direct instructions properly and legally issued by the Chief Executive?

2. Can a CDS Estate Owner purposefully and wantonly refuse to implement on repeated occasions direct instructions properly and legally issued by the Chief Executive?

3. Is the CDS Treasurer and EO now subject to a direct and immediate legal obligation to duly follow and implement, without any further delay, objections, prevarications or subterfuges of any nature whatsoever, the direct instructions properly and legally issued by the CDS Chief Executive regarding the transfer of the Symbiosis sim from Bromo Ivory into the CDS Estate, and the proper preparation for sale of its parcels to current and future CDS citizens?

4. Given the life appointment of the CDS Treasurer and CEO, what remedial actions are open to the Chief Executive should this situation continue unchecked?

5. How does this direct, purposeful, wanton, and repeated insubordination of the CDS Treasurer and EO to direct mandatory instructions properly and legally issued by the CDS Chief Executive, affect the continuing validity and legality of her life appointment, in light of the Constitutional requirement that CDS be a democratic community, respectful of the rule of law and of the sovereign wishes of its own Citizens duly expressed by means of an official Referendum?

I respectfully submit to the Scientific Council this Emergency Petition and hold myself available to appear in front of its Members to answer any questions regarding this matter, within the times I have already specified I am available for in-world activities, in order to ensure the speedy resolution of this matter by means of the official publication of a final and binding SC Decision in the critical matters raised above, in any event no later than by Wednesday, October 8, 2014 at the very latest, for the reasons clearly specified above.

Signed: Ceasar Xigalia, Chancellor, CDS

Appendix A - Communications between the Chancellor and the Treasurer and EO
From: Sudane Erato <[email protected]>
To: Bromo <[email protected]>
Cc: C Xigalia <[email protected]>
Sent: Sat, Oct 4, 2014 7:30 am
Subject: Re: Dougga
As I indicated rather clearly, I await the determination of the SC.



Sudane........................................
Profile: http://bit.ly/p9ASqg


On Sat, Oct 4, 2014 at 10:21 AM, Bromo <[email protected]> wrote:
Sudane -

I can initiate the ticket. Are you ready?

Bromo

On Oct 3, 2014, at 10:58 PM, C Xigalia <[email protected]> wrote:

Hi Sudane, Bromo,


Please let me clear up any misunderstanding.

Please arrange to:
•transfer the sim Symbiosis from Bromo Ivory to Rudeen as EO of CDS.
•change the name from Symbiosis to Dougga.
•move the sim from its current position (more than two sim spaces away from CDS) to a position next to Colonia Nova (to the north edge of Colonia Nova)
•setup the hippo system and payment posts for each private parcel on the new sim (39 parcels)
The basis for doing this according to the law is as follows:


The process 1 steps are:
1. 'The citizen or developer shall create a construction design and submit that design to the Chancellor for review and approval;'

Bromo has provided this as a citizen developer.

2. 'the Chancellor shall review the proposal and either approve it or send it back for specific revisions (in accordance with any existing master plan for CDS expansion) within two weeks of submission (if the Chancellor fails to act on the proposal within 2 weeks, it shall be deemed approved);'

I have reviewed the plan and approve it according to the master plan. The design was approved by the Chancellor on Sun Sep 14, 2014 at 6:01 pm

3. 'acquire a sim that does not lie within two sim-spaces from the CDS;'

Bromo already has the sim (that does not lie within two sim-spaces from the CDS) that he is prepared to develop for CDS.

4. 'construct the sim in compliance withe the approved design (with the Chancellor or BAC periodically inspecting the work and requesting modifications within the discretion of the Chancellor, but subject to appeal);'

I have asked Bromo to arrange for the construction of the sim as per the approved design. The DSAC was formed Fri Sep 19, 2014 10:53 pm and has advised me as Chancellor during the build process. Items they raised were taken under advisement by me. Changes to the build were made as requested by me.

5. 'upon completion, the Chancellor or the BAC will inspect and the Chancellor shall approve the sim as final or request additional work within two weeks of notice from the builder that the sim is final;'

The sim will be inspected by the Chancellor when completed. On the 29th September 2014 the developer (Bromo) advised me that the sim was complete. Bromo has provided the required IP statement and declaration to me. I inspected the sim and on Thu Oct 02, 2014 8:31 pm agreed that the sim was complete and approved the sim as final.

6. 'thereafter, the citizen or developer shall deed the sim to the CDS (through the CDS estate owner), which shall own, operate, sell, and police the sim as a CDS sim, except that initial lot prices shall be set by the builder/developer and proceeds from the sales of those lots shall be paid to the builder/developer. The builder shall further agree to give the CDS an unlimited, non-exclusive license with regard to all intellectual property used in the build, and shall warrant to the CDS that the developer has ownership, permission or other rights to use and transfer all intellectual property rights used in the build.'

Friday Oct 3rd 2014 I have now formally requested that the Developer (Bromo) and the CDS EO (Rudeen aka Sudane) arrange the
•transfer the sim Symbiosis from Bromo Ivory to Rudeen as EO of CDS.
•change the name from Symbiosis to Dougga.
•move the sim from its current position (more than two sim spaces away from CDS) to a position next to Colonia Nova (to the north edge of Colonia Nova)
•setup the hippo system and payment posts for each private parcel on the new sim (39 parcels)
Upon final completion of the construction, privately built sims shall become part of the CDS and shall not differ from other CDS sims except in the manner in which lot prices are sold and the proceeds from those sales are distributed. Any AV who buys land in a privately built sim shall be a CDS citizen and shall have all the rights, immunities and privileges of citizens.

The sim has been finally constructed, accepted by the CDS Chancellor and approved as final on Oct 2nd 2014

Further, the CDS shall set up a publicity agency to publicize the CDS, CDS businesses, and available lots for sale in the CDS. This agency shall publicize all CDS land equally, without regard to whether the land was Guild-built, privately built, or otherwise acquired, and shall publicize all commercial, shopping and event areas,without regard to whether the land was Guild-built, privately built, or otherwise acquired. The publicity agency shall be an agency under administration of the Chancellor, with a member or members appointed by the Chancellor, and shall have its own budget.

I have appointed Michel Manen as head of a new publicity agency to publicize CDS land on Oct 3rd 2014.

I therefore believe that all aspects of NL 8-4 Private Development Act have been demonstratively complied with.

To quote Callipygian Dean of the SC from her recent SC discussion opinion post

viewtopic.php?f=23&t=5595

'In reading the law it appears to me that the purpose of the remote location of the region under development ensures that no privately developed region is physically attached to the CDS estate until it is constructed in compliance with the approved design and all rights to the intellectual property used in the development are licensed to the CDS. Additionally, since the transfer of ownership also transfers financial responsibility for the Linden Labs monthly maintenance fees, this would ensure that CDS is not placed in the position of paying these fees on land that is not ready for sale.'

Whilst not a ruling of the SC (ie an opinion of the Dean) the elements of the Deans opinion have now been complied with, specifically the sim has been 'constructed in compliance with the approved design' and 'all rights to the intellectual property used in the development are licensed to the CDS'


IP Agreement Dougga

License Agreement

Agreement, between Bromo Ivory ("Developer") and The Confederation of Democratic Simulators (CDS), dated 6/30/2014.

CDS is an organization created to occupy and develop certain sections of the Second Life grid in a cooperative fashion to be governed in a democratic manner. (Collectively referred to as the "Sims.")

Developer has been or will be involved in the design, construction and placement of buildings, natural features, furnishings and/or scripted objects for the Sims. (Collectively the "Property")

Developer and CDS wish to establish rights and responsibilities with regard to the Property and the Sims, and agree as follows:

1. Cooperation. The parties agree to work cooperatively in completing construction of the Sims.

2. Meetings. Team meetings consisting of Builders and the CDS, or designated representatives of the CDS, will be held to determine assigned responsibilities for the construction of the Sims. Developer agrees to attend such meetings whenever possible.

3. Consideration and Transfer of Rights. The Executive shall provide such materials and instruction as may be necessary and helpful to Developer to complete tasks assigned. In exchange for instruction, the right to construct and display Property, and participate in the development of the Sims, Developer, upon completion and placement in the Sims, grants a non-exclusive license in all Property created by Developer for the Sims, to the CDS.

4. Property List and Components. To the extent possible, Builder shall provide a list of all Property transferred, including the name and source of non-copiable individual components (such as textures and animations) which are not transferable for archival or reconstructive use to the CDS The intent of this provision is to allow the CDS to reconstruct property that may be damaged or destroyed at any point in time. The Property and components shall be listed n Exhibit A, attached to and incorporated in this agreement by this reference.)

5. Non-exclusive License. To effectuate the transfer of the rights and property and provide for the maintenance of same, Developer shall provide, by sale for zero lindens, ($0L) to such Avatar specified by CDS specifically for such purpose, copies of all Property with full permissions designated. Builder's name shall be retained as creator on all Sim records and shall be available to anyone inquiring. The parties agree and understand that Builder is granting a non-exclusive license to the intellectual property rights in the Property, limited only as specified in this Agreement.

6. Names. CDS retains and reserve all trademark rights, if any exist, in the names of the Sims, including, but not limited to, Neufreistadt, NFS, Colonia Nova and CN, Alpine Meadow and AM, Locus Amoenus and LA, Dougga and the names of buildings or structures created as part of the Property. Developer releases all such name rights and does not share in those rights by virtue of this project.

7. Completion. Upon transfer of the Property , Developer agrees to make no modifications, deletions or movement to the Property, unless requested to do so by the CDS or it's representatives.

8. Payment. CDS agrees to a one time payment of 1L$ in full consideration of the licenses granted in this agreement.

9. Limitations on Use. CDS shall not copy, sell or distribute the Property other than as may be necessary or practical for use in the Sims, or such other use in the Second Life Grid, for historical, marketing or informative services related to the Sims, (such as Second Life Birthday Celebrations) without prior approval of Developer. CDS may move, modify, or delete Property from the Sims as it deems appropriate, or as shall be requested by purchasers of Sim parcels or other authorized parties.

10. Arbitration. Any disputes arising from this agreement shall be resolved by binding Arbitration. Should Arbitration become necessary, each party shall choose an Avatar in Second Life independent of them and their organizations. The chosen Avatars shall choose a third Avatar together. The three shall agree upon rules, process and timing of proceedings. All parties consent to the judgment of the Arbitration as final and binding.

11. Effective. This agreement shall be effective upon delivery for Property not placed in Sims on the date of delivery of the Agreement. For Property already located in the Sims, this Agreement shall be effective upon acceptance and return to the Chancellor. Failure to accept and return the agreement may, at the discretion of the CDS, result in removal of the Property from the Sims. This Agreement may be publicly disclosed by either party.

12. The Developer shall further agree to give the CDS an unlimited, non-exclusive license with regard to all intellectual property used in the build, and shall warrant to the CDS that the developer has ownership, permission or other rights to use and transfer all intellectual property rights used in the build.

CDS
By Ceasar Xigalia
Chancellor
Developer
By Bromo Ivory

Accepted on 1 October 2014

Appendix A Items transferred - All items in the SIM called "Dougga"


Ceasar Xigalia
Chancellor CDS
-----Original Message-----
From: Sudane Erato <[email protected]>
To: C Xigalia <[email protected]>
Cc: bromo33333 <[email protected]>
Sent: Fri, Oct 3, 2014 3:56 am
Subject: Re: Dougga
In consideration of the fact that your previous instruction of this sort:

viewtopic.php?f=14&t=5551#p32569
was subsequently determined to be inappropriate and contrary to CDS law:

viewtopic.php?f=3&t=5593#p32875
I have appealed to the SC for a determination as to whether the instruction in the foregoing email is appropriate and in conformance with the wording and intention of the relevant CDS law.




Sudane........................................
Profile: http://bit.ly/p9ASqg


On Thu, Oct 2, 2014 at 10:54 PM, C Xigalia <[email protected]> wrote:
Bromo, Sudane,

As per NL 8-4 Private Development Act.

I have completed the final inspection and have approved the sim (Symbiosis) to be known as Dougga. Bromo has officially declared that he deeds the sim to CDS. This is posted on the forums under the executive thread.

Please arrange to move the sim known as Symbiosis from its current location to a position to the north and adjacent to CDS Colonia Nova. Please change the name from Symbiosis to Dougga.

Please arrange for Rudeen to place Hippo payment boxes adjacent to each parcel in the sim and for these to be added to the CDS Hippo system under Rudeens name.


regards Ceasar Xigalia,

CDS Chancellor

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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