Wittenberg

El Ziu/The Ziu => El Funal/The Hopper => El Müstair del Funal/The Hopper Archive => Topic started by: Breneir Tzaracomprada on March 13, 2023, 02:26:41 PM

Title: The Second Talossan Government Transparency Act
Post by: Breneir Tzaracomprada on March 13, 2023, 02:26:41 PM
Whereas, government transparency is important to the maintenance of a relationship of trust, confidence, and respect between the governor and the governed, and

Whereas, this mutual relationship is a vital component for the maintenance of Talossa's free and open society, and

Whereas, the automated transmittal of non-confidential internal government communications to the Royal Archives upholds the current Government's pledge of transparency.

Therefore, be it enacted, that El Lexhatx Section 8 (D. The Government) is amended to add a new sub-section:

Quote8.9 Automated Governmental Information Transmittal

8.9.1 All internal government communications placed or transmitted on Government-owned fora shall be released to the Royal Archives no later than 10 (ten) years after the conclusion of that Government's term of office.

8.9.2 This transmittal scheme shall begin with the internal government records of the Tzaracomprada Cabinet (58th Cosa). No communications containing protected information covered by El Lexhatx sections D. 8.2, D. 8.3, and D. 8.4 shall be included in the transmittals.

Uréu q'estadra så:
Breneir Tzaracomprada (Seneschal)
Title: Re: The Second Talossan Government Transparency Act
Post by: Üc R. Tärfă on March 13, 2023, 02:36:58 PM
I'd say that 8.9.3 is a "great" testimony of committal to transparency by this Government...
Title: Re: The Second Talossan Government Transparency Act
Post by: Breneir Tzaracomprada on March 13, 2023, 02:39:19 PM
Quote from: Üc R. Tärfâ on March 13, 2023, 02:36:58 PMI'd say that 8.9.3 is a "great" testimony of committal to transparency by this Government...

I'm not sure I understand. That section indicates our government records are the first to be included in this new effort.
Title: Re: The Second Talossan Government Transparency Act
Post by: Baron Alexandreu Davinescu on March 13, 2023, 02:48:00 PM
I think he's interpreting it to mean that we would be excluded.  Which is kind of funny, since we're conducting almost all government business on a Wittenberg forum which will be able to be archived and accessed.  Maybe the language is ambiguous in the bill, although I thought "dissemination" was clear enough?

Just to be clear, Üc, this bill would hold our own government to this standard first of all.
Title: Re: The Second Talossan Government Transparency Act
Post by: Üc R. Tärfă on March 13, 2023, 02:51:58 PM
Than shouldn't be "shall begin with the Government of the 58th Cosă" and not "at the conclusion of"?
Title: Re: The Second Talossan Government Transparency Act
Post by: Baron Alexandreu Davinescu on March 13, 2023, 02:53:50 PM
Well, "dissemination" is when something is distributed.  But it wouldn't hurt to rephrase to be more clear.

Actually, I wonder if we should approach past administrations about their own records?  @Breneir Tzaracomprada , maybe that would be worth a conversation with recent past Seneschals?
Title: Re: The Second Talossan Government Transparency Act
Post by: Tric'hard Lenxheir on March 13, 2023, 02:54:14 PM
Quote from: Baron Alexandreu Davinescu on March 13, 2023, 02:48:00 PMI think he's interpreting it to mean that we would be excluded.  Which is kind of funny, since we're conducting almost all government business on a Wittenberg forum which will be able to be archived and accessed.  Maybe the language is ambiguous in the bill, although I thought "dissemination" was clear enough?

Just to be clear, Üc, this bill would hold our own government to this standard first of all.

Honestly I read it as beginning after the 58th Cosa as well, so perhaps that part needs to be clarified. I was planning on sending Breneir a message to ask him to clarify and never got around to it.
Title: Re: The Second Talossan Government Transparency Act
Post by: Breneir Tzaracomprada on March 13, 2023, 03:06:07 PM
Quote from: Baron Alexandreu Davinescu on March 13, 2023, 02:53:50 PMWell, "dissemination" is when something is distributed.  But it wouldn't hurt to rephrase to be more clear.

Actually, I wonder if we should approach past administrations about their own records?  @Breneir Tzaracomprada , maybe that would be worth a conversation with recent past Seneschals?

I think that is a great idea on both counts. I think, as currently phrased, this includes only Wittenberg and the Talossa.com websites but if previous governments who used Facebook, for example, are interested in jump-starting this effort that would be amazing.

I agree with the Baron's earlier summary of the bill's intent (to include our Government as the first covered under the scheme) but have edited the language in recognition of Uc and Tric'hard's concern.
Title: Re: The Second Talossan Government Transparency Act
Post by: Miestră Schivă, UrN on March 13, 2023, 04:14:23 PM
There is a glaring loophole in this, as any Cabinet who wanted to preserve their privacy would simply not use State-owner fora.

There is a bigger question, which relates to political sensitivity. In other countries, Cabinet papers are released at a longer time frame so they can no longer be put to political use. Five years is not long enough to render documents of historical rather than political interest. If enacted, this would end up looking like the current US House of Representatives going on a rampage about the previous majority's "weaponisation".
Title: Re: The Second Talossan Government Transparency Act
Post by: Breneir Tzaracomprada on March 13, 2023, 04:22:36 PM
Quote from: Miestră Schivă, UrN on March 13, 2023, 04:14:23 PMThere is a glaring loophole in this, as any Cabinet who wanted to preserve their privacy would simply not use State-owner fora.

There is a bigger question, which relates to political sensitivity. In other countries, Cabinet papers are released at a longer time frame so they can no longer be put to political use. Five years is not long enough to render documents of historical rather than political interest. If enacted, this would end up looking like the current US House of Representatives going on a rampage about the previous majority's "weaponisation".

Would 10 years be a more acceptable time period? I started there but thought 5 years might be long enough in Talossan political time periods.
Title: Re: The Second Talossan Government Transparency Act
Post by: Miestră Schivă, UrN on March 13, 2023, 04:23:41 PM
Actually, 10 years would just about do it. 10 years from now would be just after Reunision which would be the dim and distant past.
Title: Re: The Second Talossan Government Transparency Act
Post by: Breneir Tzaracomprada on March 13, 2023, 04:25:19 PM
Quote from: Miestră Schivă, UrN on March 13, 2023, 04:23:41 PMActually, 10 years would just about do it. 10 years from now would be just after Reunision which would be the dim and distant past.

Thanks Miestra. I have revised the release time period now.
Title: Re: The Second Talossan Government Transparency Act
Post by: Sir Lüc on March 14, 2023, 10:04:49 AM
For the record, after the first Plätschisch Cabinet took office, the then-Cabinet forum was wiped and its contents turned over to the Archivist. These comprised the private records of the Siervicül Cabinet (in one batch) and the second and third Da Schir Cabinets (in another, separate batch).
Title: Re: The Second Talossan Government Transparency Act
Post by: Üc R. Tärfă on March 14, 2023, 10:17:13 AM
I have some technical remarks on this bill, I hope to post them soon.
Title: Re: The Second Talossan Government Transparency Act
Post by: Üc R. Tärfă on March 15, 2023, 08:32:52 PM
Quote8.9 Automated Governmental Information Dissemination

I personally don't like the word dissemination. The records according with this law are archived and disclosed, they are not disseminated.

Quote8.9.1 The Government of the Kingdom of Talossa will have a duty of transparency to the people of the nation, so that citizens may hold their elected officials accountable.

This section shall be removed altogether. The first part is a repetition of the head section (§ D.8 ) and doesn't need to be reiterated.
(Moreover: the Gov has, not will have; this bill does nothing to hold the elected accountable as the records are released 10 years later.)

Quote8.9.2 All internal (non-public and non-confidential) government communications placed or transmitted on Government-owned fora shall be released to the Royal Archives no later than 10 (ten) years after the conclusion of that Government's term of office.

Internal and non-public is a repetition.

Non-confidential is problematic: defined by who? How? With which limits? And after 10 years who can choose If they still are confidential? If that part is not addressed the whole bill is potentially meaningless.

Quote8.9.3 This dissemination scheme shall begin with the internal (non-public and non-confidential) government records of the Tzaracomprada Administration (58th Cosa Government).

We don't use Administration but Cabinet. And it's better in the law to don't make reference to names or the name of the Seneschal. Use 58th Cosa only.
Title: Re: The Second Talossan Government Transparency Act
Post by: Breneir Tzaracomprada on March 15, 2023, 09:03:09 PM
Quote from: Üc R. Tärfâ on March 15, 2023, 08:32:52 PM
Quote8.9 Automated Governmental Information Dissemination

I personally don't like the word dissemination. The records according with this law are archived and disclosed, they are not disseminated.

Quote8.9.1 The Government of the Kingdom of Talossa will have a duty of transparency to the people of the nation, so that citizens may hold their elected officials accountable.

This section shall be removed altogether. The first part is a repetition of the head section (§ D.8 ) and doesn't need to be reiterated.
(Moreover: the Gov has, not will have; this bill does nothing to hold the elected accountable as the records are released 10 years later.)

Quote8.9.2 All internal (non-public and non-confidential) government communications placed or transmitted on Government-owned fora shall be released to the Royal Archives no later than 10 (ten) years after the conclusion of that Government's term of office.

Internal and non-public is a repetition.

Non-confidential is problematic: defined by who? How? With which limits? And after 10 years who can choose If they still are confidential? If that part is not addressed the whole bill is potentially meaningless.

Quote8.9.3 This dissemination scheme shall begin with the internal (non-public and non-confidential) government records of the Tzaracomprada Administration (58th Cosa Government).

We don't use Administration but Cabinet. And it's better in the law to don't not make reference to names or the name of the Seneschal. Use 58th Cosa only.


I thank you for your comments, Üc.

Dissemination has been changed to transmittal.

The point is not accountability but transparency and historical record-keeping. Elections and active and mature opposition hold governments to account.

Confidential as defined by compliance with the privacy law.

Ok sure, let's use cabinet in place of administration. :)

Title: Re: The Second Talossan Government Transparency Act
Post by: Üc R. Tärfă on March 16, 2023, 01:08:06 AM
Quote from: Breneir Tzaracomprada on March 15, 2023, 09:03:09 PMConfidential as defined by compliance with the privacy law.

Then I suggest to specify the sections - § D.8.2, D.8.3, D.8.4 -  rather than using "confidential".

That word is used only once in the Lexh (§ H.2.5) in the meaning of the Government actively deciding that some informations must be considered confidential and withheld at Terps («and/or any project(s), correspondence, or activities, in which the Government has deemed, and classified as confidential, or which in its release may damage the Kingdom in any shape or form.»), but I get from your reply that this is not what you are looking for.
Title: Re: The Second Talossan Government Transparency Act
Post by: Breneir Tzaracomprada on March 16, 2023, 01:14:32 AM
Quote from: Üc R. Tärfâ on March 16, 2023, 01:08:06 AM
Quote from: Breneir Tzaracomprada on March 15, 2023, 09:03:09 PMConfidential as defined by compliance with the privacy law.

Then I suggest to specify the sections - § D.8.2, D.8.3, D.8.4 -  rather than using "confidential".

That word is used only once in the Lexh (§ H.2.5) in the meaning of the Government actively deciding that some informations must be considered confidential and withheld at Terps («and/or any project(s), correspondence, or activities, in which the Government has deemed, and classified as confidential, or which in its release may damage the Kingdom in any shape or form.»), but I get from your reply that this is not what you are looking for.

That is reasonable. I will specify the provisions rather than using the term confidential. Thanks Üc.
Title: Re: The Second Talossan Government Transparency Act
Post by: Üc R. Tärfă on March 20, 2023, 09:33:41 PM
I saw your post on CRL.

I must say that you can't move the bill to Committee until the 23rd.

Plus: I'd suggest to split the second subsection in 2:

8.9.3  No communications containing protected information covered by sections D.8.2, D.8.3, and D.8.4 shall be included in the transmittals.

And that part you should better put it in the FURTHERMORE as section of the Act and not in the Lexhatx:

---

BE IT ENACTED by King, Cosa and Sënats in Ziu assembled that:

1. a new subsection is added to El Lexhatx D.8 to read as follows:

Quote8.9 Automated Government Comunication Transmittal

8.9.1 All internal government communications placed or transmitted on Government-owned fora shall be released to the Royal Archives no later than 10 (ten) years after the conclusion of that Government's term of office.

8.9.2  No communications containing protected information covered by El Lexhatx sections D. 8.2, D. 8.3, and D. 8.4 shall be included in the transmittals.

2. the transmittal scheme shall begin with the internal government records of the Tzaracomprada Cabinet (58th Cosa).

---
Title: Re: The Second Talossan Government Transparency Act
Post by: Breneir Tzaracomprada on March 21, 2023, 07:12:08 AM
Quote from: Üc R. Tärfâ on March 20, 2023, 09:33:41 PMI saw your post on CRL.

I must say that you can't move the bill to Committee until the 23rd.

Plus: I'd suggest to split the second subsection in 2:

8.9.3  No communications containing protected information covered by sections D.8.2, D.8.3, and D.8.4 shall be included in the transmittals.

And that part you should better put it in the FURTHERMORE as section of the Act and not in the Lexhatx:

---

BE IT ENACTED by King, Cosa and Sënats in Ziu assembled that:

1. a new subsection is added to El Lexhatx D.8 to read as follows:

Quote8.9 Automated Government Comunication Transmittal

8.9.1 All internal government communications placed or transmitted on Government-owned fora shall be released to the Royal Archives no later than 10 (ten) years after the conclusion of that Government's term of office.

8.9.2  No communications containing protected information covered by El Lexhatx sections D. 8.2, D. 8.3, and D. 8.4 shall be included in the transmittals.

2. the transmittal scheme shall begin with the internal government records of the Tzaracomprada Cabinet (58th Cosa).

---

Glad you saw that. Good suggestion on the split. I'll edit my post in the CRL.
Title: Re: The Second Talossan Government Transparency Act
Post by: Üc R. Tärfă on March 21, 2023, 09:15:51 AM
Thank you! :D