[CRL] The Charitable PermSec, Again Act

[Breneir Tzaracomprada]

Whereas, the outgoing Minister of Foreign Affairs initiated a process to appoint a new member of the Civil Service to administer the Bureau for Humanitarian Aid and International Development, and

Whereas, the current Seneschal determined that the position as currently codified is political, and

Whereas, Talossa's contributions to efforts on humanitarian aid and international development and the administration of such should be apolitical.

Therefore, the Ziu of the Kingdom of Talossa enacts the following statutory change. El Lexhatx Section D.2.6.6 which reads as follows:

2.6.6 The Bureau for Humanitarian Aid and International Development (The Bureau) shall serve as the hub for the Kingdom of Talossa's support for disaster and poverty relief and other forms of humanitarian assistance, emergency response and the promotion of efforts towards socioeconomic development.
2.6.6.1 The Bureau shall operate under the auspices of the Ministry of Foreign Affairs. The Bureau shall be administered by an Administrator to be appointed by the Minister of Foreign Affairs.
2.6.6.2 The Bureau shall be funded by contributions from individuals, nonprofit organizations and where deemed appropriate by the Ziu, legislative appropriations.
2.6.6.3 The Administrator shall make every effort to ensure that Bureau's funds are donated to humanitarian organizations in a timely manner, and shall notify the public when outgoing donations are made. This notice shall include at least the amount, date, and beneficiary of the outgoing donation(s).
2.6.6.3.1 Other provisions of el Lexhatx notwithstanding, outgoing donations made with money contributed by private parties shall not require the approval of the Ziu.

is deleted in its entirety.

A new section, 1.8 is added under El Lexhatx Section C, to read as follows:

1.8 The Bureau for Humanitarian Aid and International Development (The Bureau) shall serve as the hub for the Kingdom of Talossa's support for disaster and poverty relief and other forms of humanitarian assistance, emergency response and the promotion of efforts towards socio-economic development.
1.8.1 The Bureau shall operate under the auspices of the Royal Civil Service. The Bureau shall be administered by a Permanent Secretary for Humanitarian Aid and International Development to be appointed by the Minister of Foreign Affairs.
1.8.2 The Bureau shall be funded by contributions from individuals, nonprofit organizations and where deemed appropriate by the Ziu, legislative appropriations.
1.8.3 The Permanent Secretary for Humanitarian Aid and International Development shall make every effort to ensure that the Bureau's funds are donated to humanitarian organizations in a timely manner, and shall notify the public when outgoing donations are made. This notice shall include at least the amount, date, and beneficiary of the outgoing donation(s).
1.8.4 Other provisions of el Lexhatx notwithstanding, outgoing donations made with money contributed by private parties shall not require the approval of the Ziu.

Uréu q'estadra så:
Breneir Tzaracomprada (MC-GREEN)

[Sir Lüc]

Clearly the issue here is that the position is inconsistent with C.1.1.1 - as in, the new PermSec would not be the same as the other PermSecs as described in C.1.1 and subsections thereof; it would have the same name but different methods of appointment, different ways of determining job description, different rules for what other offices they can hold, a different relationship with its ministry (C.1.1.1 PermSecs implement government policy, other RCS heads do not), and so on. This would get very confusing very quickly.

If you're trying to make BHAID fall under the RCS, I would simply suggest retaining the position of Administrator as currently named, and also amending C.2 appropriately. The new C.1.8.1 is also largely unnecessary on account of the provisions already existing in C.3.2.

[Breneir Tzaracomprada]

Clearly the issue here is that the position is inconsistent with C.1.1.1 - as in, the new PermSec would not be the same as the other PermSecs as described in C.1.1 and subsections thereof; it would have the same name but different methods of appointment, different ways of determining job description, different rules for what other offices they can hold, a different relationship with its ministry (C.1.1.1 PermSecs implement government policy, other RCS heads do not), and so on. This would get very confusing very quickly.

If you're trying to make BHAID fall under the RCS, I would simply suggest retaining the position of Administrator as currently named, and also amending C.2 appropriately. The new C.1.8.1 is also largely unnecessary on account of the provisions already existing in C.3.2.

Wait, are you a member of the CRL?

[King Txec]

Under law, the Secretary of State has the right to not Clark bills that he deems inorganic so he is likely just trying to help you clear up possible issues.

-Txec R

[Breneir Tzaracomprada]

Under law, the Secretary of State has the right to not Clark bills that he deems inorganic so he is likely just trying to help you clear up possible issues.

-Txec R

If that is what Luc is doing then he has my thanks but it is not the question I am asking. We need to follow the rules. And I am trying to understand what they are for those participating in the CRL process.

Edited to add: I don't mean to be snappy but I am genuinely curious about the thread participation rules as we enter a new term.

[Sir Lüc]

No no, I am not in the CRL, but the CRL is short staffed so I just thought I'd help out with matters of form, in my role as Deputy Scribe.

[Munditenens Tresplet]

I would like to see thoughts from the other two CRL members on this bill.

[Dr. Pôl dal Nordselvă]

I don't understand the need for this change. What is the reasoning behind this proposal?

[þerxh Sant-Enogat]

For me the main difference is that, if the position if moved to the Royal Civil Service, then nomination is also ade by the Government, as well as dismissal, but only for incapacity or fault

3.2 The other Officers of the Royal Civil Service are appointed by the King on the recommendation of the responsible Minister, and removed by the King on the recommendation of the responsible minister for professional misconduct, inability to perform their duties due to incapacitation or failure to perform their required duties. [239](52RZ4)

.. which is subject to legal appreciation

4. Any dismissed Officers shall be entitled to judicial review of their removal, by bringing complaint before a trial court. The court shall consider if any of the petitioner's rights, afforded by law, have been violated. The court shall have the authority to order reinstatement where appropriate or dismiss the complaint, thus sustaining the dismissal.

If the goal of this bill is to make it very difficult to remove the incumbent from the position, then this may be reached by this change I think.

I totally agree with Sir Lüc's comment then, as some processes are already existing in the RCS regulations :

f you're trying to make BHAID fall under the RCS, I would simply suggest retaining the position of Administrator as currently named, and also amending C.2 appropriately. The new C.1.8.1 is also largely unnecessary on account of the provisions already existing in C.3.2.

So with these changes, no other objections to Clarking

I leave it to the Ziu to debate on the consequences of such a change.

[Breneir Tzaracomprada]

For me the main difference is that, if the position if moved to the Royal Civil Service, then nomination is also ade by the Government, as well as dismissal, but only for incapacity or fault

3.2 The other Officers of the Royal Civil Service are appointed by the King on the recommendation of the responsible Minister, and removed by the King on the recommendation of the responsible minister for professional misconduct, inability to perform their duties due to incapacitation or failure to perform their required duties. [239](52RZ4)

.. which is subject to legal appreciation

4. Any dismissed Officers shall be entitled to judicial review of their removal, by bringing complaint before a trial court. The court shall consider if any of the petitioner's rights, afforded by law, have been violated. The court shall have the authority to order reinstatement where appropriate or dismiss the complaint, thus sustaining the dismissal.

If the goal of this bill is to make it very difficult to remove the incumbent from the position, then this may be reached by this change I think.

I totally agree with Sir Lüc's comment then, as some processes are already existing in the RCS regulations :

f you're trying to make BHAID fall under the RCS, I would simply suggest retaining the position of Administrator as currently named, and also amending C.2 appropriately. The new C.1.8.1 is also largely unnecessary on account of the provisions already existing in C.3.2.

So with these changes, no other objections to Clarking

I leave it to the Ziu to debate on the consequences of such a change.

Thank you, I'll make the changes to address your points.

[Breneir Tzaracomprada]

I don't understand the need for this change. What is the reasoning behind this proposal?

I am reposting a different reply. The goal is to make greater use of the Civil Service and move some offices out of the political arena. BHAID, our international aid and humanitarian development agency which is nearing its 10th year, seemed like a good place to do this. The goal is achieved, I am hoping, by moving the agency out of the Foreign Affairs Ministry into the Civil Service and having a longstanding permament secretary or administrator who is appointed by and reports to the same Ministry in a manner similar to the way the PermSec Propaganda does to STUFF (?) and in the past the Immigration PermSec reported to Immigration.

It is very similar but is, on its face, hopefully more apolitical and inviting for those who do not wish to participate in our political affairs.