Wittenberg

El Ziu/The Ziu => El Funal/The Hopper => El Müstair del Funal/The Hopper Archive => Topic started by: Breneir Tzaracomprada on September 12, 2024, 10:45:57 AM

Title: [ABANDONED] The Cabinet Records Stopgap Act
Post by: Breneir Tzaracomprada on September 12, 2024, 10:45:57 AM
WHEREAS Lex D.8.9 seals Cabinet discussions for seven years following the demise of the government of the time of said Cabinet,

WHEREAS Lex D.8.9 gives the responsibility of preserving and making publicly available after the seven year-period to the Royal Archivist,

WHEREAS a stopgap needs to be in place in case of something happening to the Royal Archivist before said records are released under El Lexhatx D.8.9.

THEREFORE, the Ziu adds the following to El Lexhatx:

QuoteD.8.9.3 The Royal Archivist may designate the current Scribe of Abbavilla or Deputy Scribe of Abbavilla to assist the Royal Archives in preserving Cabinet archives per D.8.9. [end new text of El Lex]

Uréu q'estadra så
Breneir Tzaracomprada (MC-IND/OPEN)
Title: Re: [CRL] The Cabinet Records Stopgap Act
Post by: Breneir Tzaracomprada on September 12, 2024, 10:48:59 AM
Quote from: Breneir Tzaracomprada on September 12, 2024, 10:45:57 AMseals Cabinet discussions for seven years following the demise of the government of the time of said Cabinet

I want to thank @GV for acknowledging the intent of the original legislation. It was indeed intended to "seal Cabinet discussions for seven years." The Avocat-Xheneral's interpretation is contrary to the intent of the Ziu when passing the legislation. We must prevent our Government from becoming lawless.
Title: Re: [CRL] The Cabinet Records Stopgap Act
Post by: King Txec on September 12, 2024, 11:35:30 AM
As the current Secretary of State, I would be remiss if I didn't publicly bemoan the addition of yet one more task to the already heavy workload of the SoS. Of all the offices in the Civil Service, surely there could be someone else tasked with this. Perhaps a requirement that the Archives has a deputy.
Title: Re: [CRL] The Cabinet Records Stopgap Act
Post by: Breneir Tzaracomprada on September 12, 2024, 11:37:08 AM
Quote from: Sir Txec dal Nordselvă, UrB on September 12, 2024, 11:35:30 AMAs the current Secretary of State, I would be remiss if I didn't publicly bemoan the addition of yet one more task to the already heavy workload of the SoS. Of all the offices in the Civil Service, surely there could be someone else tasked with this. Perhaps a requirement that the Archives has a deputy.

But this is a stopgap, incidental measure which could also be handled by your deputy. This is not a standing responsibility. Does that lessen your concern any?
Title: Re: [CRL] The Cabinet Records Stopgap Act
Post by: King Txec on September 12, 2024, 11:44:11 AM
Quote from: Breneir Tzaracomprada on September 12, 2024, 11:37:08 AM
Quote from: Sir Txec dal Nordselvă, UrB on September 12, 2024, 11:35:30 AMAs the current Secretary of State, I would be remiss if I didn't publicly bemoan the addition of yet one more task to the already heavy workload of the SoS. Of all the offices in the Civil Service, surely there could be someone else tasked with this. Perhaps a requirement that the Archives has a deputy.

But this is a stopgap, incidental measure which could also be handled by your deputy. This is not a standing responsibility. Does that lessen your concern any?

The odds are not small that I won't be Secretary of State the next time this requirement could possibly come up. I'm simply pointing out that it does often seem the reflexive response is that the Chancery can handle something without anyone in the Chancery being asked, "is this a task that adds to your workload." A deputy could definitely handle this. It would just be nice if the department getting additional work, even minimal, is consulted.
Title: Re: [CRL] The Cabinet Records Stopgap Act
Post by: Breneir Tzaracomprada on September 12, 2024, 11:47:52 AM
Quote from: Sir Txec dal Nordselvă, UrB on September 12, 2024, 11:44:11 AM
Quote from: Breneir Tzaracomprada on September 12, 2024, 11:37:08 AM
Quote from: Sir Txec dal Nordselvă, UrB on September 12, 2024, 11:35:30 AMAs the current Secretary of State, I would be remiss if I didn't publicly bemoan the addition of yet one more task to the already heavy workload of the SoS. Of all the offices in the Civil Service, surely there could be someone else tasked with this. Perhaps a requirement that the Archives has a deputy.

But this is a stopgap, incidental measure which could also be handled by your deputy. This is not a standing responsibility. Does that lessen your concern any?

The odds are not small that I won't be Secretary of State the next time this requirement could possibly come up. I'm simply pointing out that it does often seem the reflexive response is that the Chancery can handle something without anyone in the Chancery being asked, "is this a task that adds to your workload." A deputy could definitely handle this. It would just be nice if the department getting additional work, even minimal, is consulted.


I think your past openness to serve in different capacities when asked to do so leads to an assumption of your willingness to do so now, Txec. You are naturally helpful but I agree that prior consultation is warranted. Because you are the current SoS, please consider this the requested consultation. Would you prefer that section be amended or is it a reasonable measure?
Title: Re: [CRL] The Cabinet Records Stopgap Act
Post by: King Txec on September 12, 2024, 12:29:29 PM
I don't see how this would be a difficult task, even though I have no personal idea how to even back up any part of Witt :-)
Title: Re: [CRL] The Cabinet Records Stopgap Act
Post by: Breneir Tzaracomprada on September 12, 2024, 12:39:23 PM
Quote from: Sir Txec dal Nordselvă, UrB on September 12, 2024, 12:29:29 PMI don't see how this would be a difficult task, even though I have no personal idea how to even back up any part of Witt :-)

Thank you very much Txec! Sorry for not consulting before submitting the legislation. I honestly assumed you wouldn't mind but it is better not to assume.
Title: Re: [CRL] The Cabinet Records Stopgap Act
Post by: Mic’haglh Autófil, O.Be on September 12, 2024, 12:53:13 PM
As an alternative, instead of adding this to the Chancery's plate, we could potentially give the responsibility to assist the Royal Archivist to the Scribery instead?
Title: Re: [CRL] The Cabinet Records Stopgap Act
Post by: Sir Lüc on September 12, 2024, 12:56:36 PM
(I personally think the Archives should just hire a deputy instead of needlessly cross-breeding different branches of the Civil Service)

(edit: initially misstated Scribery)
Title: Re: [CRL] The Cabinet Records Stopgap Act
Post by: Breneir Tzaracomprada on September 12, 2024, 12:59:05 PM
Quote from: Mic'haglh Autófil, SMC EiP on September 12, 2024, 12:53:13 PMAs an alternative, instead of adding this to the Chancery's plate, we could potentially give the responsibility to assist the Royal Archivist to the Scribery instead?

I had not thought of the Scribery. That is a good idea. I have edited it to say "Scribe of Abbavilla or Deputy Scribe of Abbavilla."
Title: Re: [CRL] The Cabinet Records Stopgap Act
Post by: Mic’haglh Autófil, O.Be on September 12, 2024, 01:03:45 PM
Quote from: Sir Lüc on September 12, 2024, 12:56:36 PM(I personally think the Scribery should just hire a deputy instead of needlessly cross-breeding different branches of the Civil Service)

The Scribery has a Deputy.
Title: Re: [CRL] The Cabinet Records Stopgap Act
Post by: Sir Lüc on September 12, 2024, 01:54:34 PM
Whoops! I definitely meant the Archives, not the Scribery. I am aware the Scribery has deputies, there's two and I am one and you're the other :p
Title: Re: [CRL] The Cabinet Records Stopgap Act
Post by: Breneir Tzaracomprada on September 12, 2024, 04:59:32 PM
@Sir Lüc and @Mic'haglh Autófil, SMC EiP
Are you both saying you could support the bill with a provision for a Deputy Royal Archivist instead of involving the Scribery or Chancery?
Title: Re: [CRL] The Cabinet Records Stopgap Act
Post by: Miestră Schivă, UrN-GC on September 12, 2024, 05:16:31 PM
If I might jump in in front of my Ministers here: as I've said elsewhere, the Government is fully in favour of expanding the Civil Service and providing backup in case officials go AWOL. The only question is being *able* to recruit to such provisions. The problem with legislatively establishing Deputies is that it doesn't amount of a hill of beans if there's no-one available. As we've found out with PermSec Immigration.

So instead of legislating, in the first place, let's simply ask the Royal Archivist to appoint a Deputy.
Title: Re: [CRL] The Cabinet Records Stopgap Act
Post by: Breneir Tzaracomprada on September 12, 2024, 05:27:31 PM
Quote from: Miestră Schivă, UrN on September 12, 2024, 05:16:31 PMIf I might jump in in front of my Ministers here: as I've said elsewhere, the Government is fully in favour of expanding the Civil Service and providing backup in case officials go AWOL. The only question is being *able* to recruit to such provisions. The problem with legislatively establishing Deputies is that it doesn't amount of a hill of beans if there's no-one available. As we've found out with PermSec Immigration.

So instead of legislating, in the first place, let's simply ask the Royal Archivist to appoint a Deputy.

@Miestră Schivă, UrN Are you officially asking your party counterpart the Senator and Royal Archivist @GV to do so?

I am delighted to see that the SoS appears to be the only case where the FreeDems are OK with members of the civil service serving in political positions. I would also note we found a Deputy SoS pretty quickly when pressed.
Title: Re: [CRL] The Cabinet Records Stopgap Act
Post by: Baron Alexandreu Davinescu on September 12, 2024, 05:51:13 PM
Quote from: Breneir Tzaracomprada on September 12, 2024, 10:45:57 AMWHEREAS Lex D.8.9 seals Cabinet discussions for seven years following the demise of the government of the time of said Cabinet,

If you go forward with this bill, this part should probably be removed.  There's no provision in the law requiring that the Government keep its prior internal communications private.  We have extensive privacy laws, and the law specifically identifies the only things that should remain private (ie, anything covered by Lexh.D.8.3-5).

If you want to add a new provision requiring that no future Government be permitted to disclose internal communications after an election, then (a) I think that's a bad idea in terms of transparency and (b) this bill would need new language requiring that.

Quote from: Breneir Tzaracomprada on September 12, 2024, 10:45:57 AM
QuoteD.8.9.3 The Royal Archivist may designate the current Scribe of Abbavilla or Deputy Scribe of Abbavilla to assist the Royal Archives in preserving Cabinet archives per D.8.9. [end new text of El Lex]

As others have mentioned, this is silly.  The Archivist can already create deputies, as explicitly permitted by law.
Title: Re: [CRL] The Cabinet Records Stopgap Act
Post by: Breneir Tzaracomprada on September 12, 2024, 05:59:09 PM
Quote from: Baron Alexandreu Davinescu on September 12, 2024, 05:51:13 PMIf you go forward with this bill, this part should probably be removed.  There's no provision in the law requiring that the Government keep its prior internal communications private.  We have extensive privacy laws, and the law specifically identifies the only things that should remain private (ie, anything covered by Lexh.D.8.3-5).

Hopefully the Corts can answer that one if they review the action taken by the Avocat-Xheneral.
Title: Re: [CRL] The Cabinet Records Stopgap Act
Post by: Baron Alexandreu Davinescu on September 12, 2024, 06:16:08 PM
Aside from that suit, and focusing just on the legislation here, what provision of the law requires the Government to keep all prior communications private until seven years elapse?  If you're right, let's just reference it specifically in the text.
Title: Re: [CRL] The Cabinet Records Stopgap Act
Post by: Breneir Tzaracomprada on September 12, 2024, 06:42:13 PM
Quote from: Breneir Tzaracomprada on September 12, 2024, 05:27:31 PM
Quote from: Miestră Schivă, UrN on September 12, 2024, 05:16:31 PMIf I might jump in in front of my Ministers here: as I've said elsewhere, the Government is fully in favour of expanding the Civil Service and providing backup in case officials go AWOL. The only question is being *able* to recruit to such provisions. The problem with legislatively establishing Deputies is that it doesn't amount of a hill of beans if there's no-one available. As we've found out with PermSec Immigration.

So instead of legislating, in the first place, let's simply ask the Royal Archivist to appoint a Deputy.

@Miestră Schivă, UrN Are you officially asking your party counterpart the Senator and Royal Archivist @GV to do so?

I am delighted to see that the SoS appears to be the only case where the FreeDems are OK with members of the civil service serving in political positions. I would also note we found a Deputy SoS pretty quickly when pressed.


@Miestră Schivă, UrN ? Are you requesting this action of the Royal Archivist?
Title: Re: [CRL] The Cabinet Records Stopgap Act
Post by: Miestră Schivă, UrN-GC on September 12, 2024, 08:27:25 PM
Quote from: Baron Alexandreu Davinescu on September 12, 2024, 06:16:08 PMwhat provision of the law requires the Government to keep all prior communications private until seven years elapse?

Yeah, that's a question that has been puzzling the Govenrment
Title: Re: [CRL] The Cabinet Records Stopgap Act
Post by: Breneir Tzaracomprada on September 12, 2024, 08:44:41 PM
Quote from: Breneir Tzaracomprada on September 12, 2024, 06:42:13 PM
Quote from: Breneir Tzaracomprada on September 12, 2024, 05:27:31 PM
Quote from: Miestră Schivă, UrN on September 12, 2024, 05:16:31 PMIf I might jump in in front of my Ministers here: as I've said elsewhere, the Government is fully in favour of expanding the Civil Service and providing backup in case officials go AWOL. The only question is being *able* to recruit to such provisions. The problem with legislatively establishing Deputies is that it doesn't amount of a hill of beans if there's no-one available. As we've found out with PermSec Immigration.

So instead of legislating, in the first place, let's simply ask the Royal Archivist to appoint a Deputy.

@Miestră Schivă, UrN Are you officially asking your party counterpart the Senator and Royal Archivist @GV to do so?

I am delighted to see that the SoS appears to be the only case where the FreeDems are OK with members of the civil service serving in political positions. I would also note we found a Deputy SoS pretty quickly when pressed.


@Miestră Schivă, UrN ? Are you requesting this action of the Royal Archivist?

??
Title: Re: [CRL] The Cabinet Records Stopgap Act
Post by: Baron Alexandreu Davinescu on September 12, 2024, 09:09:01 PM
Quote from: Miestră Schivă, UrN on September 12, 2024, 08:27:25 PM
Quote from: Baron Alexandreu Davinescu on September 12, 2024, 06:16:08 PMwhat provision of the law requires the Government to keep all prior communications private until seven years elapse?

Yeah, that's a question that has been puzzling the Govenrment
It's definitely not looking good that he's trying to pretend I didn't ask this.
Title: Re: [CRL] The Cabinet Records Stopgap Act
Post by: Breneir Tzaracomprada on September 12, 2024, 09:31:25 PM
Quote from: Baron Alexandreu Davinescu on September 12, 2024, 09:09:01 PM
Quote from: Miestră Schivă, UrN on September 12, 2024, 08:27:25 PM
Quote from: Baron Alexandreu Davinescu on September 12, 2024, 06:16:08 PMwhat provision of the law requires the Government to keep all prior communications private until seven years elapse?

Yeah, that's a question that has been puzzling the Govenrment
It's definitely not looking good that he's trying to pretend I didn't ask this.

I'm not pretending Baron. I responded that we should let the Corts decide which referenced the lawsuit concerning the Avocat-Xheneral's action. I am comfortable letting it be settled by the Corts whether that be a dismissal, a win for the A-X, or a win for my argument.
Title: Re: [CRL] The Cabinet Records Stopgap Act
Post by: Breneir Tzaracomprada on September 12, 2024, 09:32:33 PM
Quote from: Breneir Tzaracomprada on September 12, 2024, 08:44:41 PM
Quote from: Breneir Tzaracomprada on September 12, 2024, 06:42:13 PM
Quote from: Breneir Tzaracomprada on September 12, 2024, 05:27:31 PM
Quote from: Miestră Schivă, UrN on September 12, 2024, 05:16:31 PMIf I might jump in in front of my Ministers here: as I've said elsewhere, the Government is fully in favour of expanding the Civil Service and providing backup in case officials go AWOL. The only question is being *able* to recruit to such provisions. The problem with legislatively establishing Deputies is that it doesn't amount of a hill of beans if there's no-one available. As we've found out with PermSec Immigration.

So instead of legislating, in the first place, let's simply ask the Royal Archivist to appoint a Deputy.

@Miestră Schivă, UrN Are you officially asking your party counterpart the Senator and Royal Archivist @GV to do so?

I am delighted to see that the SoS appears to be the only case where the FreeDems are OK with members of the civil service serving in political positions. I would also note we found a Deputy SoS pretty quickly when pressed.


@Miestră Schivă, UrN ? Are you requesting this action of the Royal Archivist?

??

Speaking of ignoring questions. :) It seems like there may be a breakdown in communication between the attempted broosker and the Seneschal. :)
Title: Re: [CRL] The Cabinet Records Stopgap Act
Post by: Baron Alexandreu Davinescu on September 12, 2024, 09:37:07 PM
Quote from: Breneir Tzaracomprada on September 12, 2024, 09:31:25 PM
Quote from: Baron Alexandreu Davinescu on September 12, 2024, 09:09:01 PM
Quote from: Miestră Schivă, UrN on September 12, 2024, 08:27:25 PM
Quote from: Baron Alexandreu Davinescu on September 12, 2024, 06:16:08 PMwhat provision of the law requires the Government to keep all prior communications private until seven years elapse?

Yeah, that's a question that has been puzzling the Govenrment
It's definitely not looking good that he's trying to pretend I didn't ask this.

I'm not pretending Baron. I responded that we should let the Corts decide which referenced the lawsuit concerning the Avocat-Xheneral's action. I am comfortable letting it be settled by the Corts whether that be a dismissal, a win for the A-X, or a win for my argument.

Okay, but you're proposing a law here.  Maybe you want to withdraw this proposed bill until after the cort case is over?  Or you could edit your proposal to remove that bit about the requirement.  Or else just identify which provision of the law requires the Government to keep all prior communications private until seven years elapse.
Title: Re: [CRL] The Cabinet Records Stopgap Act
Post by: Breneir Tzaracomprada on September 12, 2024, 09:40:58 PM
Quote from: Baron Alexandreu Davinescu on September 12, 2024, 09:37:07 PM
Quote from: Breneir Tzaracomprada on September 12, 2024, 09:31:25 PM
Quote from: Baron Alexandreu Davinescu on September 12, 2024, 09:09:01 PM
Quote from: Miestră Schivă, UrN on September 12, 2024, 08:27:25 PM
Quote from: Baron Alexandreu Davinescu on September 12, 2024, 06:16:08 PMwhat provision of the law requires the Government to keep all prior communications private until seven years elapse?

Yeah, that's a question that has been puzzling the Govenrment
It's definitely not looking good that he's trying to pretend I didn't ask this.

I'm not pretending Baron. I responded that we should let the Corts decide which referenced the lawsuit concerning the Avocat-Xheneral's action. I am comfortable letting it be settled by the Corts whether that be a dismissal, a win for the A-X, or a win for my argument.

Okay, but you're proposing a law here.  Maybe you want to withdraw this proposed bill until after the cort case is over?  Or you could edit your proposal to remove that bit about the requirement.  Or else just identify which provision of the law requires the Government to keep all prior communications private until seven years elapse.

I am ok with letting it stew in the Hopper here. No hurry while the judicial wheels grind.
Title: Re: [CRL] The Cabinet Records Stopgap Act
Post by: Baron Alexandreu Davinescu on September 12, 2024, 09:50:46 PM
Okay, so you're not moving forward with this bill until after your cort case is resolved.  I'm glad to hear it.
Title: Re: [CRL] The Cabinet Records Stopgap Act
Post by: Breneir Tzaracomprada on September 21, 2024, 11:49:15 AM
Quick note, this bill will move forward to the CRL in mid-October should there be no action by the Judiciary by then.
Title: Re: [CRL] The Cabinet Records Stopgap Act
Post by: Breneir Tzaracomprada on October 17, 2024, 10:48:27 AM
@Sir Lüc
@Sir Txec dal Nordselvă, UrB
@Glüc da Dhi S.H.
@Ian Plätschisch
@þerxh Sant-Enogat

Folks, requesting this bill be moved to the CRL.
Title: Re: [CRL] The Cabinet Records Stopgap Act
Post by: King Txec on October 17, 2024, 11:39:47 AM
Moved.
Title: Re: [CRL] The Cabinet Records Stopgap Act
Post by: Breneir Tzaracomprada on October 17, 2024, 11:51:52 AM
Quote from: Sir Txec dal Nordselvă, UrB on October 17, 2024, 11:39:47 AMMoved.

Thanks Txec.
Title: Re: [CRL] The Cabinet Records Stopgap Act
Post by: Sir Ian Plätschisch on October 26, 2024, 09:38:42 AM
Approved.
Title: Re: [CRL] The Cabinet Records Stopgap Act
Post by: Breneir Tzaracomprada on October 26, 2024, 02:51:46 PM
@þerxh Sant-Enogat ?
Title: Re: [CRL] The Cabinet Records Stopgap Act
Post by: þerxh Sant-Enogat on October 26, 2024, 04:18:13 PM
I don't understand this bill, and I think 1st Whereas clause is not correct.
The first Whereas tells about a "sealing of discussions" that I understand as a prohibition to disclose info.. this is not the case currently, may be it will be, but only if the Bill "The Second Talossan Government Transparency (Repair) Act" is passed.
I also don't understand why this bill is needed, if something happens to the Royal Archivist, he may not be in position to appoint anyone..I think someone else (SoS ?) should be able to appoint someone else as stopgap.
Title: Re: [CRL] The Cabinet Records Stopgap Act
Post by: Glüc on October 27, 2024, 03:07:14 PM
I think the Túischac'h has a good point. Under the current law it looks as if there is already nothing preventing the archivist from enlisting the scribe to help. I also agree that if the point is to have a stopgap it shouldn't depend on the archivist appointing someone.

My recommendation would be to merge this proposal with "The Second Talossan Government Transparency (Repair) Act" and alter it to make sure a stopgap is always in place.
Title: Re: [CRL] The Cabinet Records Stopgap Act
Post by: Breneir Tzaracomprada on October 27, 2024, 03:27:54 PM
Quote from: Glüc da Dhi S.H. on October 27, 2024, 03:07:14 PMMy recommendation would be to merge this proposal with "The Second Talossan Government Transparency (Repair) Act" and alter it to make sure a stopgap is always in place.

Done.