These are the fundamental principles by which the Confederation of Democratic Simulators is acknowledged to be governed.
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 Second Life Terms of Service and community standards without exception. All members of the government must be CDS citizens in good standing.
Article I: The Representative Branch
1 The Representative Assembly
(a) The Representative Assembly is a body of democratically elected legislators which represents the views of the citizens of the Confederation of Democratic Simulators (CDS). Its governmental role is to pass laws and its service role is to promote the city and perform long-term planning.
2 The Representative Assembly Body
(a) Representative seats are chosen by popular election, from among those candidates who qualify under the rules set forth here. Any citizen in good standing who is eligible to vote, at the time of nomination, may become a candidate by declaring themselves by a message to the Chair of the Scientific Council, within the time set by the Scientific Council for such nominations.
(b) The number of representative seats in the Representative Assembly is equal to five.
(c) In each Representative Assembly election, voters shall select from among the candidates using Single Transferable Voting (a ranked voting method).
(d) Vacancies in Representative Assembly positions will be filled by by-election administered on a schedule set by the Scientific Council consistent with other applicable CDS law.
(e) The Representative Assembly shall serve for a term of six months. Members of new Representative Assemblies shall take office on 1 December and 1 June. Elections shall be held over a 168 hour period beginning at noon SLT on the Saturday before the 16th of the month prior to the new members taking office. In the event of a server outage or unforeseen technical issue which prevents citizens from casting ballots and which lasts more than 12 hours, the Chair of the Scientific Council has the authority to adjust or extend the election schedule.
3 The Leader of the Representative Assembly
(a) The Leader of the Representative Assembly is elected by the members of the Representative Assembly at the first meeting after every semi-annual general election, and at any other time when the office is vacant.
(b) The Representative Assembly may elect one of its members to serve as Leader pro tempore who may act as Leader in the event of the absence of the Leader or if the position of Leader is vacant.
4 Proceedings
(a) The Representative Assembly will convene at least once per month.
(b) The Representative Assembly may determine the rules of its proceedings, punish its members for disorderly behavior and with a two-thirds majority vote expel a disruptive member from a session.
5 Journal
(a) The Representative Assembly shall keep and publish a journal of its proceedings. The individual votes of Representative Assembly members shall be entered in the journal.
(b) Parts of the journal that are deemed secret by a two-thirds majority vote and with the concurrence of the Scientific Council will not be published. Secret journal entries may only be deemed secret if they prevent the exploitation of the city and citizens from external threats.
(c) All secret journal entries will have an expiration date at which time they will be voted upon again by the Representative Assembly and verified as constitutional by the Scientific Council.
6 Legislative Process and Veto
(a) A vote in the Representative Assembly is a simple majority vote of representative seats. Constitutional amendments require a two-thirds majority vote.
(b) The Representative Assembly Archivist submits all new Laws or Amendments to the Scientific Council. Final ratification of law is performed by the Scientific Council, which can veto a bill or resubmit a modified bill for vote, if it conflicts with the Constitution. The Scientific Council may veto a revenue bill or resubmit a modified revenue bill for vote.
7 Powers of the Representative Assembly
In regards to the Scientific Council:
(a) The Representative Assembly provides a vote of confidence on candidates to the Scientific Council. This vote is in regards to their perceived likelihood to uphold the Constitution and Laws without bias, personal preference or emotion.
(b) The Representative Assembly can amend the Constitution with a two-thirds majority vote.
(c) The Representative Assembly can seek impeachment of members of the Scientific Council by initiating an impeachment hearing with a two-thirds majority vote.
8 Conflict of Interest
(a) No member of the Representative Assembly may engage in what might be considered a conflict of interest such as accepting money or favors from individuals or special-interest groups.
(b) No currently sitting member of the Representative Assembly may be elected or serve as Chancellor or member of the Scientific Council.
(c) All changes to the rate of compensation for the Representative Assembly, Scientific Council or Chancellor shall take effect at the start of the term of the Assembly subsequent to the term in which the determination is made.
Article II: The Executive Branch
1 The Chancellor
(a) The Chancellor will serve as the executive of CDS, working to coordinate and plan community projects.
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 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 the CDS at all thereby;
(f) to make regulations pursuant to the above; and
(g) to enforce such regulations in accordance with law.
3 Public Oversight
(a) The Chancellor must provide for regular and active citizen participation and public review of any decision concerning land use or the aesthetic or functional environment.
4 Themes
(a) Nothing in this Act shall give the Chancellor of CDS any power to change the overall theme of Neufreistadt or any other sim or administered component of the CDS.
5 Chancellor Selection Process
(a) The Chancellor of the CDS shall be elected by universal suffrage of all citizens from among any CDS citizen in good standing who shall make application to the Scientific Council.
(b) Chancellor terms begin on June 1 and December 1, concurrent with the term of the Representative Assembly. In the event of a by-election or vacancy caused by a resignation, the Chancellor takes office immediately upon election.
(c) The Chancellor may not be elected to or serve on the Representative Assembly, nor serve on the Scientific Council.
(d) Chancellor vacancies will be filled by a by-election administered on a schedule set by the Scientific Council consistent with other applicable CDS law.
6 The Chancellor’s Veto
(a) The Chancellor shall have the power to veto any act of the Representative Assembly, except any bill to remove the Chancellor from office.
(b) The Representative Assembly may override a veto with a vote by at least a two-thirds majority.
(c) In order to exercise the power of veto, the Chancellor shall post a public declaration of her or his intention to exercise that power, together with the name of the the Act in respect of which he or she seeks so to exercise, and the reasons for exercising it in respect of that Act, on the CDS web forums within seven days of the new Act being posted on the CDS website.
7 Removal from Office
(a) The Chancellor may be removed from office prior to the expiration of the term of office by at least a two thirds vote of the Representative Assembly.
8 Representative Assembly Oversight
(a) Each month the Chancellor shall attend a meeting of the Representative Assembly, and fully and truthfully answer there any questions posed by any citizen about any aspect of the affairs of the CDS or of the Office of the Chancellor. The Chancellor will also attend upon three days notice at the written request from any member of the Representative Assembly.
Article III: The Judicial Branch
1 The Scientific Council
(a) The Scientific Council is a self-nominated meritocracy.
(b) Its governmental role is to interpret and enforce the Constitution and laws of the CDS.
(c) Its service role is to resolve disputes between citizens and their government, administer elections and referenda, record and maintain the record of laws on the CDS website and moderate user Forums.
2 Composition
(a) The Scientific Council is comprised of a maximum of seven and a minimum of three members, including the Chair. All members must be CDS citizens in good standing.
3 Selection
(a) New members are recommended from within the citizenship of CDS to the Chair. Recommendations may come from current Scientific Council members or other government officers. Recommendation of a candidate for membership on the Scientific Council must be based on demonstrated knowledge and understanding of the Constitution and Laws, and declared willingness to uphold said Constitution and Laws without bias, personal preference or emotion.
(b) New members are nominated by the Chair and approved by a simple majority vote, and confirmed by a majority vote of the Representative Assembly.
(c) The Scientific Council can remove one of its members by a two-thirds majority vote of all Scientific Council members.
4 Leadership
(a) The Chair is elected by a simple majority vote of all Scientific Council members, according to a schedule identified in the Scientific Council Procedures.
5 Proceedings
(a) The Scientific Council will convene at least once per month.
(b) The Scientific Council will determine the rules of its proceedings. It may reprimand its members for disorderly behavior and with a simple majority vote of the members present, expel a member from a session for disruptive or disorderly behaviour.
(c) Any citizen of the CDS may file petitions with the Scientific Council. Petitions shall be to request an interpretation of a relevant Constitutional issue or matter of Law, and a decision resulting from that interpretation, where a Law or Constitutional issue has allegedly been broken or ignored.
(d) The Scientific Council shall consider the petition at its next regular meeting, and will vote to accept or to deny the petition. If a member of the Scientific Council is named in a petition, that member shall be recused for the duration of the hearing.
(e) Discussions regarding the interpretation of Constitutional issues or matters of Law brought forward in petitions will follow the Scientific Council Procedures as posted on the Forums.
(f) Where a hearing is required, the hearing shall be conducted following the Hearing Procedures adopted by the Scientific Council and published in the Forums.
(g) Hearing Procedures may be amended by a super-majority vote of the Scientific Council.
6 Record of Proceedings
(a) The Scientific Council shall keep and publish a record of its proceedings, in the form of a transcript, on the Forums and CDS website. All decisions shall also be recorded separately on the CDS website. Any decision reached outside of a regular meeting, through any permitted procedural practice, will also be published on the CDS website.
(b) Scientific Council members must always provide a reason for their decisions, identifying the areas of the Constitution or Law on which their opinion is based.
7 Legislative Authority
(a) The Representative Assembly Archivist submits all new Laws or Amendments to the Scientific Council. Ratification of such Laws or Amendments is automatic, unless within seven days of receipt it is flagged for review by a member of the Scientific Council, by a public posting in the Forums.
(b) The Scientific Council can veto any bill and/or return a bill to the Representative Assembly with commentary on a modified bill for vote if it conflicts with the Constitution.
(c) Where the Scientific Council believes a Law or Amendment is not in the best interests of the CDS, or contravenes the documented will of the citizens of CDS, the Scientific Council may resubmit a recommendation for the bill, with or without suggested amendments, to the Representative Assembly for a second vote, along with a written reason for the changes decision not to ratify.
(d) Any bill that is returned to the Representative Assembly requires a two-thirds majority of that body to pass.
(e) The Scientific Council will review any request from the Representative Assembly to override a Chancellor’s Veto within 10 days of receiving the request and may uphold or override the Veto, as per the Laws of the CDS.
8 Accountability & Oversight
(a) A member of the Scientific Council may be impeached for serious, intentional or repeated failure to uphold his or her affirmation of office.
(b) Impeachment proceedings against a member of the Scientific Council may be brought by a two-thirds majority vote of the Representative Assembly, or by the Chancellor, with a simple majority vote of the Representative Assembly in support.
9 Conflict of Interest
(a) No member of the Scientific Council shall accept gifts of money or favors from individuals or special-interest groups.
(b) No currently sitting member of the Scientific Council may be elected or serve as Chancellor or member of the Representative Assembly.
(c) Scientific Council members shall recuse themselves from any vote on a matter that may present a conflict of interest including, but not limited to conflicts arising from: relationships; business dealings; guild or commission activities; or management or governmental roles in other estates.
10 Estate Bans
(a) The Scientific Council shall review all estate bans imposed upon citizens of the CDS within 14 days of notification that the ban has been imposed, and by a simple majority vote to remove or uphold the ban.
(b) Non-citizen avatars who are banned may request a review by the Scientific Council. The Scientific Council can remove or uphold the ban by a simple majority vote.
(c) The Scientific Council shall uphold, remove, or impose bans from the CDS only in accordance with the Constitution and the Laws of the CDS.
11 Impeachment
(a) Impeachment is an order that an elected official cease to hold such public office, or is suspended from such office for a predetermined period of time. Impeachment may also result in disqualification, either permanently or for a certain period of time, from holding any or all public office or offices in the future. Impeachment may also result in the temporary or permanent ban of the avatar from the CDS.
(b) Impeachment procedures may be started against any elected official in accordance with the Constitution and any applicable laws.
(c) Impeachment is for serious, intentional, or repeated failure to uphold the Constitution or Laws of the CDS, for fiscal mismanagement or malfeasance.
(d) Impeachment proceedings may be requested by any arm of government, as described within this Constitution, or may be started by a petition from the citizenry, containing the names equal to or greater than 25% plus 1 of the citizenry based on the latest published Citizen List.
(e) The impeachment process will be conducted in accordance with the Impeachment Hearing Procedures adopted by the Scientific Council, and may be amended by the Scientific Council by a two-thirds majority vote.
Article IV: Election, Term, and Office
1 Voting Frequency
(a) Officials in the Government are elected for a period of time according to the general principles of democratic rotativity to ensure proper representativity in a changing society, whose duration will be fixed by the Representative Assembly by passing appropriate laws. Elections for branches are staggered equally throughout the term.
2 Exclusivity
(a) Citizens may not serve simultaneously in the Representative Assembly and the Scientific Council. Neither may a citizen serve as Chancellor whilst also being a member of either the Representative Assembly or the Scientific Council.
(b) Estate Managers are part of the Executive. Because of the nature of their tasks, a conflict between serving as an Estate Manager and simultaneously either as a member of the Representative Assembly or the Scientific Council, the Estate Owner, the Treasurer, or the Chancellor is unlikely. Therefore, an exception to the rule of exclusivity is made.
3 Eligibility to Hold Office
(a) All government officials shall be CDS citizens in good standing: they must hold the title to their land for more than 28 days, and have tier paid in full. They should remain as such for the duration of their term.
4 Eligibility to Vote
(a) No citizen shall be eligible to vote in any election for public office in the CDS unless he or she has been a citizen for not less than 28 consecutive days immediately before any such election.
Article V: Citizenship
1 Citizenship Eligibility
(a) A citizen of the CDS is a resident of Second Life who has been granted title to any land by the CDS, and who holds title under the CDS, for as long as he or she holds such title.
(b) Second Life allows users to create multiple alternative accounts, or “alts”. In order to more fairly represent its citizenry and protect against bias or undue influence, only one CDS citizenship is allowed per one real-life individual.
2 Rights and Responsibilities
(a) Citizens may attend committee meetings, and voice opinions and make suggestions about how the CDS is run.
(b) Citizens in good standing can vote in elections.
(c) Citizens in good standing may run for government office or become part of the Executive team under the direction of the Chancellor.
(d) Citizens must read and comply with the covenants of the region that they are in, and abide by the Declaration of Human Rights.
(e) To qualify as a ‘citizen in good standing’, citizens must hold the title to their land for more than 28 days, and have tier paid in full.
3 Factions
(a) Citizens are free to form factions to discuss and support specific political viewpoints and activity, however all candidates run for office as individuals. No citizen, and no candidate, is required to belong to a faction. All candidates should declare their membership in a faction, for transparency, and so that citizens can research their stance on issues. To assist in this, the Forums will open a discussion section for any faction of three or more citizens.
4 Banishment
(a) No citizen shall be deprived of citizenship in the CDS, nor shall any person, whether a citizen or not, be banished from any public land in the CDS, without trial in accordance with the law, or consent not to be so tried.
(b) Section 4a above is subject to any rule of law whereby a person is deemed to have consented not to be tried by having failed within a reasonable time to respond or respond fully to any notice sent to that person in respect of any such prospective trial, nor any rule that specifies what shall constitute a reasonable time.
(c) Section 4a above shall be without prejudice to any rule of law whereby a person may summarily be banished by any citizen of the CDS appointed for such a purpose by any duly ratified Act of the Representative Assembly (or by any person or body deriving her his or its power to do so from any such Act), for up to fourteen consecutive days (but without revocation of citizenship or forfeiture of any asset).
(d) Section 4a above shall be without prejudice to any rule of law whereby a person may be banished temporarily by Order of a Court of Common Jurisdiction pending such a trial as is mentioned therein (but without revocation of citizenship or forfeiture of any asset).
5 Renouncing Citizenship
(a) Any citizen may cease to become a citizen by submitting a notice in a form that may be prescribed by any duly ratified Act of the Representative Assembly (or, if no such form is specified, by notifying the Chancellor in writing) seven days in advance of the date on which that person is to cease to be a citizen.