Petition - legality of Treasurer's Actions

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Callipygian
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Petition - legality of Treasurer's Actions

Post by Callipygian »

The full text of the petition can be found here:
http://forums.slcds.info/viewtopic.php?f=3&t=5727

To summarize a lengthy petition:

The Chancellor accuses Sudane, in her roles as both Treasurer and EO, of ignoring his direct instructions regarding the Dougga region project and asks what action can be taken against her as a result.

Opinion:

NL 5-7 Civil Service Act states:

C. Civil Service Duties
Civil servants pledge to faithfully protect the constitution and to execute legislation passed by the RA at the direction of the Executive Branch.
Civil servants are required to execute regulations and directives where these do not conflict with laws passed by the RA, and to follow guidelines or oversight provided by the Executive Branch.
If a civil servant finds a discrepancy between an regulation or directive and laws passed by the RA which cannot be resolved in discussion with the Executive Branch they are required to ask for clarification from the Scientific Council.

Opinion:

The law requires any civil servant to ask the SC for clarification if they believe a law is being broken. Since this was the second time the Chancellor had directed the EO to carry out these actions, (the first time he did so, the SC found that his directions contravened the law) it was not unreasonable for the EO to again request the SC's opinion on the directions given.

In addition, I find the language and tone of the Chancellor's petition to be inappropriate. The frequently repeated accusations of 'wilful and wanton disregard' were only the Chancellor's personal view of the EO's actions. A simple statement of the directions given and the response received, along with the relevant laws is acceptable in a petition to the SC; a personal diatribe of accusations is not. Citizens and members of government should note that the SC acts on the wording of the law, not the personal opinions and length or drama of the rhetoric presented in a petition.

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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