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    Default [Amendment] Referral Clarifications

    After some time seeing praefects in action and some refferals pass through, I think that at least one point deserves some quick and easy clarification.

    Text in question:
    Section III - Praefects, Censors, and Magistrates
    Article I. The Triumvirate and ReferralsCitizens are expected to behave in an exemplary manner and can be referred1 to the Praefects for a review of their behavior and possible disciplinary action. Such a Referral is initiated automatically by Moderation for infractions incurred, or discretionally by Citizens for behavior considered unbecoming. Praefects may decide if a referral is frivolous. If a referral has merit, the Praefects request a defense2 from the referred and decides3 whether4 and which5 disciplinary action is to be taken.6

    The original intent of this clause was meant to convey that praefects had the ability to, upon receiving and reviewing a referral initially, decide without a formal poll to dismiss it as frivolous. What constitutes frivolous in these cases is open to some interpretation intentionally, but my intent behind the wording at creation of the overhaul bill was to target specifically those referrals that one might chalk up to that other kid on the playground who shoved you and now you're tattling to the recess teacher on him. To stop such things from taking up time in the referral process.

    However, I think to avoid too much confusion, and be sure there is some explicit sort of "vote" in the process, I'd like to rephrase and alter it slightly to ensure that the praefects must post explicitly an intent to "Dismiss" a referral, without the need for the poll to be added. I would also like to clarify that the intent was that this had to be a unanimous decision to dismiss a referral, otherwise it should be carried out normally. This should now be clear, and some text further down should reflect that there will only be one formal poll created in the process.

    A lot of this is quite minor overall I'd say, but enough to clarify an important point and avoid the process being done unintentionally wrong. Seeing as I wrote the first iteration it's only right I try to fix that. I also cannot fix these ing piece of superscript numbers from this ing tablet correctly for the life of me so please pretend those are all bumped up one number for the added line.

    New Changes:
    Section III - Praefects, Censors, and MagistratesArticle I. The Triumvirate and ReferralsCitizens are expected to behave in an exemplary manner and can be referred1 to the Praefects for a review of their behavior and possible disciplinary action. Such a Referral is initiated automatically by Moderation for infractions incurred, or discretionally by Citizens for behavior considered unbecoming. Praefects may decide if a referral is frivolous2, and decide to dismiss. If a referral has merit, the Praefects request a defense from the referred and decide3 whether4 and which5 disciplinary action is to be taken.6



    Regulations and Procedures to Section III


    1 No Citizen may be subject to more than one Referral for a single post.

    ​2 After receiving a referral, the Praefects may informally vote to dismiss the case if deemed frivolous, i.e. lacking completeness or objectively without merit for the referral process. All praefects, if not having to recuse themselves, must at a minimum post their intent to "Dismiss" the case, otherwise it will be brought to a full referral process. This dismissal can be done and completed before or after a defense is received at the Primus Praefect's discretion.

    3
    The defendant receives an anonymous copy of the accusation from the Praefects. Any defense must be provided within ninety-six hours of the request. At the request of the referred, the Praefects also accept materials provided on behalf of the referred. Such materials shall be posted until the first poll is concluded until a decision for dismissal or continuation is reached, and must be considered by the Triumvirate in the poll, if such a poll is required.

    4 A simple majority of non-abstaining votes is required to pass. Where two options have the same number of votes, the Consul or Praefect breaks the tie. Votes submitted by members of the Triumvirate shall be accompanied by a post stating which option the member selected, along with their reasoning.

    5 Four days after requesting a defense, regardless of whether it has been received, and if not dismissed, a vote is opened by a Praefect to conclude after four days with the options to dismiss the Referral take further action, or abstain.

    6 If the Citizens' Triumvirate vote to take further action, a Praefect opens a second poll for four days. The options are:
    • Censure
    • Suspension of Citizenship for 1 month
    • Suspension of Citizenship for 2 months
    • Suspension of Citizenship for 4 months
    • Suspension of Citizenship for 6 months
    • Revocation of Citizenship
    • Abstain

    Last edited by Akar; June 08, 2020 at 05:27 PM.

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