57PD08: November Living Cosa in December

[Ian Plätschisch]

WHEREAS A Living Cosa has been declared for November, and

WHEREAS Lex.H.20 requires me to provide at least two weeks notice of the exact date of the Living Cosa, and even if I had been able to coordinate everything within a few days of October 21st, the entire first week of November still would have been precluded, and

WHEREAS There are various scheduling difficulties in getting enough people together in November, and

WHEREAS LEx.H.20 authorizes me to issue a Prime Dictate to push the session to the next month if appropriate

THEREFORE the Living Cosa session for the November 2022 Clark shall be held during December 2022, with the exact date to be determined in consultation with the relevant parties.

Signed,
Ian Plätschisch
Seneschal

[Ian Plätschisch]

Having reviewed the (somewhat confusing) legislation concerning Living Cosas, this is how I think this will work:

-MZs may vote on the November clark in the usual ways from November 1-21.
-Anyone who attends the Living Cosa session who has not already voted will be allowed to cast their vote at that time. The final tally will be taken after the session.

If anyone would be so aggrieved by this that they would be likely to file suit against the Chancery, I would appreciate it if you let us know now.

[Dame Litz Cjantscheir, UrN]

I would like to draw The Most Rt. Hon. Seneschal's attention to that along with El Lex H.20, on living Cosas, there is:

OrgLaw Art. IV (emphasis my own):

Section 11 The Cosa may set and hold Living Cosas (live parliamentary meetings) to coincide with a Clark as described by law, so long as all Members of the Ziu have ample opportunity to submit their votes remotely.

and

Section 7 A newly elected Ziu shall convene on the first day of the month after its general election, to coincide with the publication of the first Clark. Its term shall be equal to seven Clarks, subject to the provisions elsewhere in this Organic Law. During its last month, the King shall issue a Writ of Dissolution ending its term. Whenever the Cosâ may be dissolved, all its members shall resign.

[Ian Plätschisch]

I'm not sure what your point is. The Living Cosa will "coincide" with the November Clark. I am also perfectly within my authority to declare a month of recess in December. The Writ can be issued at any time after the Living Cosa.

[Sir Txec dal Nordselvă, UrB]

I'm not sure what your point is. The Living Cosa will "coincide" with the November Clark. I am also perfectly within my authority to declare a month of recess in December. The Writ can be issued at any time after the Living Cosa.

If the Living Cosa occurs in December, that does not coincide with the 6th Clark. It occurs after the conclusion of the 6th Clark. I do not have the legal authority, and I don't believe you do either, of extending the Clark beyond the 21st of the calendar month the Clark is called in. See OrgLaw VII Section 8. The Chancery will not knowingly violate Organic Law.

When I called the Clark as it normally occurs on the first of this month, I was operating under the assumption that the Living Cosa would occur during the same calendar month.

[Dame Litz Cjantscheir, UrN]

The SoS has pretty much hit the nail on the head on the point I was trying to make.

A Living Cosa held on a date in December doesn't coincide with the November Clark. It has long been established that a Clark runs from the 1st day of a month till 7:30 pm on the 21st day of that month. In order to "coincide" with the November Clark, the Living Cosa will have to be held before 7:30 pm on the 21st of November. Any votes cast after this time, regardless of how they're cast (living or virtual) simply won't count as the Clark has closed. I am open to correction, but nowhere in the law does a PM, or anyone for that matter, have the authority to extend or amend the voting times of a Clark by a PD.

The other point I was trying to make is that before the end of this month/Clark (unless a month of recess is called) the King is Organically obliged to dissolve the Cosa. Thus a dissolved Cosa cannot meet and vote on laws in December.

On the issue of a Month of Recess, OrgLaw Art IV Section 9 states "The Seneschal may insert between any two Clarks, or after the final Clark, a "month of recess" in which no Clark is published. No more than one "month of recess" may be declared during any one term of office." Hence whilst you could call a month of recess, you couldn't hold a living Cosa in a month of recess, as a) no Clark is published and b) recess in this instance means the Ziu/Cosa is in recess, so how can a Living Cosa happen when the Cosa is in recess?

Lastly, my reading of El Lex H20, means that if, for whatever reason, the Cosa can't sit for the Living Cosa of the "November Clark", the PM can issue a PD to postpone it till the next sitting of the Cosa/next Clark, e.g. a Living Cosa of the "December Clark", not hold the November Clark in December. Additionally, since there is no December Clark, this PD is moot, given there are no more Clarks left in the lifetime of this Cosa.

[Miestră Schivă, UrN]

As Attorney-General, I am very carefully making no public statements on what I think are the legal/Organic rights and wrongs of the current sitaution.

As a Free Democrat MC, I am quite amazed to see a TNC MC making the argument for the inOrganicity of this measure which I was given to understand was agreed with the TNC leadership! People gotta start consulting with their own team.

[Baron Alexandreu Davinescu]

As a Free Democrat MC, I am quite amazed to see a TNC MC making the argument for the inOrganicity of this measure which I was given to understand was agreed with the TNC leadership! People gotta start consulting with their own team.

When the TNC was first consulted about this, it was already near the end of October.  So I think that was probably the first error -- a big event shouldn't be planned at the last minute.  I am "quite amazed" that we're in this position in the first place.

But I did try to help make the logistics work, suggesting at the end of October to either issue a PD to suspend the notification requirement for this one event, or do it in December.  My thinking was that a month of recess could take place in November instead of December, either by acting immediately or then later with a special vote by the Cosa to make that happen -- something achievable with leadership cooperation, I think.  At this point, I'm not sure it's possible since votes have been cast.

[Ian Plätschisch]

This Prime Dictate is withdrawn. Having never been countersigned, it is void.

[Baron Alexandreu Davinescu]

Do you want to try to do it this month, or just delay until the start of the new term and plan it out a bit better?  We can hold a pro forma Living Cosa this month at some random time if we decide the latter, gaveling in and out, to comply with the Cosa decree.

[Miestră Schivă, UrN]

My thinking was that a month of recess could take place in November instead of December

In retrospect, that would have been clearly the correct move.

I also point out that, by El Lex H.1, having a Living Cosa in the First Clark (to coincide with the State Opening of the Cosa) is already authorised and thus doesn't need an additional Cosa vote, so that seems sensible.