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Heraklea-
Diplomat
 
Posts: 948
Founded: Jun 29, 2013
Ex-Nation

Postby Heraklea- » Wed Jan 07, 2015 8:12 pm

Post made by idiot room mate. Please ignore.
Last edited by Heraklea- on Fri Jan 09, 2015 10:59 am, edited 1 time in total.

User avatar
Beta Test
Minister
 
Posts: 2639
Founded: Jan 06, 2013
Ex-Nation

Postby Beta Test » Wed Jan 07, 2015 8:24 pm

Atlanticatia wrote:

Official Information Act

Author: Sen. Sebastián Luc Morales (Atlanticatia | DemLeft)
Sponsors: Ernesto Valentin (CP)
An act to improve transparency and accountability within the government, by providing a framework for release of official information to citizens and organisations, when requested.


Definitions
  • Public institutions - any public entity or civil servant listed under § 1.c.
  • You, your - synonymous with 'citizen'
  • Citizen - Any individual person who is considered a legal citizen of Calaverde.

Purposes
The purposes of this Act are as follows,
  • To make government more transparent.
  • To ensure corruption is not fostered in the government.
  • To enable effective civic participation by citizens.
  • To promote the accountability of Senators, Ministers, the Public Service, and Government to citizens.

§ 1 - Process and Framework
a) Citizens of Calaverde are entitled to make a written request for release of official information from noted public institutions and civil servants. Citizens are also entitled to make a request on behalf of a business, non-governmental organisation, or any other private entity registered in Calaverde.
b) Official information includes any specified information that the government holds within defined limits, internal rules and regulations used by the relevant public institution, information or further explanations on a decision about you, and meeting agendas of meetings undertaken by the relevant public institutions.
c) Citizens may request information from the following public institutions, entities, and civil servants: Government ministries, Ministers of the Government, state-owned enterprises, public educational and medical institutions (such as schools, hospitals, and universities) local authorities and sub-national governmental institutions, and government departments.
d) Citizens must make an official request in writing to the relevant institution or civil servant, that includes: i.) a specific description of the information or explanation being requested; ii.) a declaration of your name, contact information, the private entity you are contacting on the behalf of if relevant, and your country of citizenship. iii.) how you want the official information released - i.e. as a copy of a document, an answer to a question, or a video file.
e) The Official Information Act request must be completed, or denied with a relevant reason, within twenty working days. Public institutions have a right to take an additional extension of not more than ten working days to complete an Official Information Act request, provided they inform the requesting citizen of this extension within twenty working days. Public institutions may contact the Office of the Transparency Ombudsman if a further extension is required, and the extension must be approved by the Ombudsman.
f) The relevant public institution is entitled to charge a fee for the release of the official information if additional hours of compensated labour are required, or if there are significant administrative costs. These costs must be clearly and individually listed, and may not be more than $100. A fee may only be charged if the relevant public institution had to spend money on releasing the request, in addition to what would normally be spent on other day-to-day operations.

§ 2 - Limits on the release of information
a) Public institutions are not required to release information that is covered by the following:
    i.) the information may harm the national security of Calaverde
    ii.) negative effects to the public order
    iii.) the release of the information may expose trade, commercial, or security secrets
    iv.) personal privacy may be compromised
    v.) the information is protected by professional/legal privilege (i.e. doctor-patient confidentiality)
    vi.) health and safety of the public
    vii.) the information is part of an ongoing criminal investigation, legal case, or civil suit
    viii.) the information is about a government decision that was made as part of a prosecution, a civil suit, or through another legal system
    ix.) the release of the information requested exceed's the administrative capacity of the institution
b) Some information may be redacted from a document if it is deemed irrelevant or is covered by §2a.

§ 3 - Establishment of the Office of the Transparency Ombudsman
a) A Transparency Ombudsman will be appointed by the senate every 5 years, by a legislative vote on the matter.
b) The Office of the Transparency Ombudsman will be operated at 'arm's length' from the government, and will not be influenced by the Government, instead being a government-owned independent agency.
c) The Transparency Ombudsman will be able to employ an administrative staff to manage the Office's administrative affairs.
d) Citizens will be able to appeal to the Transparency Ombudsman if they:
    i.)feel that their Official Information Act response has not fulfilled their request.
    ii.) the relevant public institution did not fulfill the Official Information Act request within 20 working days.
    iii.) the citizen disagrees with a reason given by a relevant public institution for not releasing official information.
    iv.) the citizen feels that the fee amount is unjustifiable.
e) The Transparency Ombudsman shall have the power to consult with public institutions and citizens, and will be able to issue rulings on the release of any official information, and to resolve any issues raised by citizens regarding this.


Sponsors, anyone?

I will sponsor
Member of the Coalition of Workers and Farmers
Michael Ferreira: President of the Senate
Philip Awad: Former Secretary of Rural Development

User avatar
Atlanticatia
Negotiator
 
Posts: 5970
Founded: Mar 01, 2014
Ex-Nation

Postby Atlanticatia » Wed Jan 07, 2015 8:29 pm

Beta Test wrote:
Atlanticatia wrote:

Official Information Act

Author: Sen. Sebastián Luc Morales (Atlanticatia | DemLeft)
Sponsors: Ernesto Valentin (CP)
An act to improve transparency and accountability within the government, by providing a framework for release of official information to citizens and organisations, when requested.


Definitions
  • Public institutions - any public entity or civil servant listed under § 1.c.
  • You, your - synonymous with 'citizen'
  • Citizen - Any individual person who is considered a legal citizen of Calaverde.

Purposes
The purposes of this Act are as follows,
  • To make government more transparent.
  • To ensure corruption is not fostered in the government.
  • To enable effective civic participation by citizens.
  • To promote the accountability of Senators, Ministers, the Public Service, and Government to citizens.

§ 1 - Process and Framework
a) Citizens of Calaverde are entitled to make a written request for release of official information from noted public institutions and civil servants. Citizens are also entitled to make a request on behalf of a business, non-governmental organisation, or any other private entity registered in Calaverde.
b) Official information includes any specified information that the government holds within defined limits, internal rules and regulations used by the relevant public institution, information or further explanations on a decision about you, and meeting agendas of meetings undertaken by the relevant public institutions.
c) Citizens may request information from the following public institutions, entities, and civil servants: Government ministries, Ministers of the Government, state-owned enterprises, public educational and medical institutions (such as schools, hospitals, and universities) local authorities and sub-national governmental institutions, and government departments.
d) Citizens must make an official request in writing to the relevant institution or civil servant, that includes: i.) a specific description of the information or explanation being requested; ii.) a declaration of your name, contact information, the private entity you are contacting on the behalf of if relevant, and your country of citizenship. iii.) how you want the official information released - i.e. as a copy of a document, an answer to a question, or a video file.
e) The Official Information Act request must be completed, or denied with a relevant reason, within twenty working days. Public institutions have a right to take an additional extension of not more than ten working days to complete an Official Information Act request, provided they inform the requesting citizen of this extension within twenty working days. Public institutions may contact the Office of the Transparency Ombudsman if a further extension is required, and the extension must be approved by the Ombudsman.
f) The relevant public institution is entitled to charge a fee for the release of the official information if additional hours of compensated labour are required, or if there are significant administrative costs. These costs must be clearly and individually listed, and may not be more than $100. A fee may only be charged if the relevant public institution had to spend money on releasing the request, in addition to what would normally be spent on other day-to-day operations.

§ 2 - Limits on the release of information
a) Public institutions are not required to release information that is covered by the following:
    i.) the information may harm the national security of Calaverde
    ii.) negative effects to the public order
    iii.) the release of the information may expose trade, commercial, or security secrets
    iv.) personal privacy may be compromised
    v.) the information is protected by professional/legal privilege (i.e. doctor-patient confidentiality)
    vi.) health and safety of the public
    vii.) the information is part of an ongoing criminal investigation, legal case, or civil suit
    viii.) the information is about a government decision that was made as part of a prosecution, a civil suit, or through another legal system
    ix.) the release of the information requested exceed's the administrative capacity of the institution
b) Some information may be redacted from a document if it is deemed irrelevant or is covered by §2a.

§ 3 - Establishment of the Office of the Transparency Ombudsman
a) A Transparency Ombudsman will be appointed by the senate every 5 years, by a legislative vote on the matter.
b) The Office of the Transparency Ombudsman will be operated at 'arm's length' from the government, and will not be influenced by the Government, instead being a government-owned independent agency.
c) The Transparency Ombudsman will be able to employ an administrative staff to manage the Office's administrative affairs.
d) Citizens will be able to appeal to the Transparency Ombudsman if they:
    i.)feel that their Official Information Act response has not fulfilled their request.
    ii.) the relevant public institution did not fulfill the Official Information Act request within 20 working days.
    iii.) the citizen disagrees with a reason given by a relevant public institution for not releasing official information.
    iv.) the citizen feels that the fee amount is unjustifiable.
e) The Transparency Ombudsman shall have the power to consult with public institutions and citizens, and will be able to issue rulings on the release of any official information, and to resolve any issues raised by citizens regarding this.


Sponsors, anyone?

I will sponsor


Do you have an IC Senator's name you'd like me to list you as?

edit: nvm got it
Last edited by Atlanticatia on Wed Jan 07, 2015 8:36 pm, edited 1 time in total.
Economic Left/Right: -5.75
Social Libertarian/Authoritarian: -5.95

Pros: social democracy, LGBT+ rights, pro-choice, free education and health care, environmentalism, Nordic model, secularism, welfare state, multiculturalism
Cons: social conservatism, neoliberalism, hate speech, racism, sexism, 'right-to-work' laws, religious fundamentalism
i'm a dual american-new zealander previously lived in the northeast US, now living in new zealand. university student.
Social Democrat and Progressive.
Hanna Nilsen, Leader of the SDP. Equality, Prosperity, and Opportunity: The Social Democratic Party

User avatar
Lykens
Diplomat
 
Posts: 958
Founded: Apr 13, 2013
Ex-Nation

Postby Lykens » Wed Jan 07, 2015 8:29 pm

Atlanticatia wrote:

Official Information Act

Author: Sen. Sebastián Luc Morales (Atlanticatia | DemLeft)
Sponsors: Ernesto Valentin (CP)
An act to improve transparency and accountability within the government, by providing a framework for release of official information to citizens and organisations, when requested.


Definitions
  • Public institutions - any public entity or civil servant listed under § 1.c.
  • You, your - synonymous with 'citizen'
  • Citizen - Any individual person who is considered a legal citizen of Calaverde.

Purposes
The purposes of this Act are as follows,
  • To make government more transparent.
  • To ensure corruption is not fostered in the government.
  • To enable effective civic participation by citizens.
  • To promote the accountability of Senators, Ministers, the Public Service, and Government to citizens.

§ 1 - Process and Framework
a) Citizens of Calaverde are entitled to make a written request for release of official information from noted public institutions and civil servants. Citizens are also entitled to make a request on behalf of a business, non-governmental organisation, or any other private entity registered in Calaverde.
b) Official information includes any specified information that the government holds within defined limits, internal rules and regulations used by the relevant public institution, information or further explanations on a decision about you, and meeting agendas of meetings undertaken by the relevant public institutions.
c) Citizens may request information from the following public institutions, entities, and civil servants: Government ministries, Ministers of the Government, state-owned enterprises, public educational and medical institutions (such as schools, hospitals, and universities) local authorities and sub-national governmental institutions, and government departments.
d) Citizens must make an official request in writing to the relevant institution or civil servant, that includes: i.) a specific description of the information or explanation being requested; ii.) a declaration of your name, contact information, the private entity you are contacting on the behalf of if relevant, and your country of citizenship. iii.) how you want the official information released - i.e. as a copy of a document, an answer to a question, or a video file.
e) The Official Information Act request must be completed, or denied with a relevant reason, within twenty working days. Public institutions have a right to take an additional extension of not more than ten working days to complete an Official Information Act request, provided they inform the requesting citizen of this extension within twenty working days. Public institutions may contact the Office of the Transparency Ombudsman if a further extension is required, and the extension must be approved by the Ombudsman.
f) The relevant public institution is entitled to charge a fee for the release of the official information if additional hours of compensated labour are required, or if there are significant administrative costs. These costs must be clearly and individually listed, and may not be more than $100. A fee may only be charged if the relevant public institution had to spend money on releasing the request, in addition to what would normally be spent on other day-to-day operations.

§ 2 - Limits on the release of information
a) Public institutions are not required to release information that is covered by the following:
    i.) the information may harm the national security of Calaverde
    ii.) negative effects to the public order
    iii.) the release of the information may expose trade, commercial, or security secrets
    iv.) personal privacy may be compromised
    v.) the information is protected by professional/legal privilege (i.e. doctor-patient confidentiality)
    vi.) health and safety of the public
    vii.) the information is part of an ongoing criminal investigation, legal case, or civil suit
    viii.) the information is about a government decision that was made as part of a prosecution, a civil suit, or through another legal system
    ix.) the release of the information requested exceed's the administrative capacity of the institution
b) Some information may be redacted from a document if it is deemed irrelevant or is covered by §2a.

§ 3 - Establishment of the Office of the Transparency Ombudsman
a) A Transparency Ombudsman will be appointed by the senate every 5 years, by a legislative vote on the matter.
b) The Office of the Transparency Ombudsman will be operated at 'arm's length' from the government, and will not be influenced by the Government, instead being a government-owned independent agency.
c) The Transparency Ombudsman will be able to employ an administrative staff to manage the Office's administrative affairs.
d) Citizens will be able to appeal to the Transparency Ombudsman if they:
    i.)feel that their Official Information Act response has not fulfilled their request.
    ii.) the relevant public institution did not fulfill the Official Information Act request within 20 working days.
    iii.) the citizen disagrees with a reason given by a relevant public institution for not releasing official information.
    iv.) the citizen feels that the fee amount is unjustifiable.
e) The Transparency Ombudsman shall have the power to consult with public institutions and citizens, and will be able to issue rulings on the release of any official information, and to resolve any issues raised by citizens regarding this.


Sponsors, anyone?

Sponsored.

Encarnacion Diaz, LDP.
Last edited by Lykens on Wed Jan 07, 2015 8:29 pm, edited 1 time in total.
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User avatar
Atlanticatia
Negotiator
 
Posts: 5970
Founded: Mar 01, 2014
Ex-Nation

Postby Atlanticatia » Wed Jan 07, 2015 8:37 pm

Thanks to everyone who has chosen to sponsor so far. :)
Economic Left/Right: -5.75
Social Libertarian/Authoritarian: -5.95

Pros: social democracy, LGBT+ rights, pro-choice, free education and health care, environmentalism, Nordic model, secularism, welfare state, multiculturalism
Cons: social conservatism, neoliberalism, hate speech, racism, sexism, 'right-to-work' laws, religious fundamentalism
i'm a dual american-new zealander previously lived in the northeast US, now living in new zealand. university student.
Social Democrat and Progressive.
Hanna Nilsen, Leader of the SDP. Equality, Prosperity, and Opportunity: The Social Democratic Party

User avatar
The New World Oceania
Minister
 
Posts: 2525
Founded: May 03, 2012
Ex-Nation

Postby The New World Oceania » Wed Jan 07, 2015 8:57 pm

Atlanticatia wrote:

Official Information Act

Author: Sen. Sebastián Luc Morales (Atlanticatia | DemLeft)
Sponsors: Ernesto Valentin (Bojikami | CP), Encarnacion Diaz (Lykens | LDP), Salvador O'Hara (Beta Test | LDP)
An act to improve transparency and accountability within the government, by providing a framework for release of official information to citizens and organisations, when requested.


Definitions
  • Public institutions - any public entity or civil servant listed under § 1.c.
  • You, your - synonymous with 'citizen'
  • Citizen - Any individual person who is considered a legal citizen of Calaverde.

Purposes
The purposes of this Act are as follows,
  • To make government more transparent.
  • To ensure corruption is not fostered in the government.
  • To enable effective civic participation by citizens.
  • To promote the accountability of Senators, Ministers, the Public Service, and Government to citizens.

§ 1 - Process and Framework
a) Citizens of Calaverde are entitled to make a written request for release of official information from noted public institutions and civil servants. Citizens are also entitled to make a request on behalf of a business, non-governmental organisation, or any other private entity registered in Calaverde.
b) Official information includes any specified information that the government holds within defined limits, internal rules and regulations used by the relevant public institution, information or further explanations on a decision about you, and meeting agendas of meetings undertaken by the relevant public institutions.
c) Citizens may request information from the following public institutions, entities, and civil servants: Government ministries, Ministers of the Government, state-owned enterprises, public educational and medical institutions (such as schools, hospitals, and universities) local authorities and sub-national governmental institutions, and government departments.
d) Citizens must make an official request in writing to the relevant institution or civil servant, that includes: i.) a specific description of the information or explanation being requested; ii.) a declaration of your name, contact information, the private entity you are contacting on the behalf of if relevant, and your country of citizenship. iii.) how you want the official information released - i.e. as a copy of a document, an answer to a question, or a video file.
e) The Official Information Act request must be completed, or denied with a relevant reason, within twenty working days. Public institutions have a right to take an additional extension of not more than ten working days to complete an Official Information Act request, provided they inform the requesting citizen of this extension within twenty working days. Public institutions may contact the Office of the Transparency Ombudsman if a further extension is required, and the extension must be approved by the Ombudsman.
f) The relevant public institution is entitled to charge a fee for the release of the official information if additional hours of compensated labour are required, or if there are significant administrative costs. These costs must be clearly and individually listed, and may not be more than $100. A fee may only be charged if the relevant public institution had to spend money on releasing the request, in addition to what would normally be spent on other day-to-day operations.

§ 2 - Limits on the release of information
a) Public institutions are not required to release information that is covered by the following:
    i.) the information may harm the national security of Calaverde
    ii.) negative effects to the public order
    iii.) the release of the information may expose trade, commercial, or security secrets
    iv.) personal privacy may be compromised
    v.) the information is protected by professional/legal privilege (i.e. doctor-patient confidentiality)
    vi.) health and safety of the public
    vii.) the information is part of an ongoing criminal investigation, legal case, or civil suit
    viii.) the information is about a government decision that was made as part of a prosecution, a civil suit, or through another legal system
    ix.) the release of the information requested exceed's the administrative capacity of the institution
b) Some information may be redacted from a document if it is deemed irrelevant or is covered by §2a.

§ 3 - Establishment of the Office of the Transparency Ombudsman
a) A Transparency Ombudsman will be appointed by the senate every 5 years, by a legislative vote on the matter.
b) The Office of the Transparency Ombudsman will be operated at 'arm's length' from the government, and will not be influenced by the Government, instead being a government-owned independent agency.
c) The Transparency Ombudsman will be able to employ an administrative staff to manage the Office's administrative affairs.
d) Citizens will be able to appeal to the Transparency Ombudsman if they:
    i.)feel that their Official Information Act response has not fulfilled their request.
    ii.) the relevant public institution did not fulfill the Official Information Act request within 20 working days.
    iii.) the citizen disagrees with a reason given by a relevant public institution for not releasing official information.
    iv.) the citizen feels that the fee amount is unjustifiable.
e) The Transparency Ombudsman shall have the power to consult with public institutions and citizens, and will be able to issue rulings on the release of any official information, and to resolve any issues raised by citizens regarding this.


Sponsors, anyone?


Two comments: one, we should know who appoints the Ombudsman and how they're approved. Second, five years OOC time's a bit long.

Clarification on those and given no outstanding discrepancies, I will sponsor. Aldbelwamasy Njil, SNP.

Bojikami wrote:Updated, increased the wage to $4.50.
Bojikami wrote:
The Minimum Wage Act



Author(s): Bojikami (Ernesto Valentin | CP), The New Sea Territory Alvaro Guerra (WA)
Sponsors: United Marxist Nations Nicolao Epifanio Núñez (CP), United Provinces of Atlantica Jean-Luc Martin (WA), Merizoc Ah Puch Tecu (WA) Potenco Zelda Potenco (CP), Glasgia Robert MacDaibidh-Glasgios (WA)




Article 1 -. The purpose of the Act
The purpose of the act is to establish a minimum wage for the workers of Calaverde to ensure fair payment.

Article 2 -. Minimum Wages
Upon the passage of this act, every employer shall pay to each of his or her employees wages for all hours worked at a rate of not less than $4.50 per hour.
For each hour worked of overtime, the employer owes his or her employees $0.50.

Article 3 -. The Department of Labour ((OOC Note: This section only goes into effect if there is no such agency currently existing.))
Hereby creates a department of labour to enforce the provisions set forth by this act and all future acts related to labour and the workplace. These provisions include the following:

The department shall enforce this shall make and, from time to time, revise regulations, with the assistance of the board, when requested by the secretary, which shall be deemed appropriate to carry out the purposes of this act and to safeguard the minimum wage rates thereby established. Such regulations may include, but are not limited to, regulations defining and governing executive, administrative, or professional employees and outside sales persons, learners and apprentices, their number, proportion, length of learning period, and other working conditions; handicapped workers; part-time pay; overtime standards; bonuses; allowances for board, lodging, apparel, or other facilities or services customarily furnished by employers to employees; allowances for gratuities; or allowances for such other special conditions or circumstances which may be incidental to a particular employer-employee relationship.

This department is also granted the power to investigate the wages of persons employed in any occupation in the Republic; enter and inspect the place of business or employment of any employer or employees in any occupation in Calaverde at any reasonable time, for the purpose of examining and inspecting any records of any such employer that in any way relate to wages, hours, or other conditions of employment of any such employees.

Article 4 -. Exemptions

Exemptions to this act include:

Labour on a farm (Note, this only applies if this is irregular labour on a family farm.); Domestic services; Delivery of newspapers to the consumer; In connection with the publication of any weekly, semiweekly, or daily newspaper with a circulation of less than four thousand, the major part of which circulation is within the county where published, the activities of an educational, charitable, religious or nonprofit organization where the employer-employee relationship does not in fact exist or where the services are rendered to such organization gratuitously; seasonal employment, if the employee is under eighteen years of age, or if a student under twenty-four years of age, by a nonprofit health or welfare agency engaged in activities dealing with handicapped or exceptional children or by a nonprofit day or resident seasonal recreational camp for campers under the age of eighteen years, which operates for a period of less than three months in any one year, in employment by an establishment which is a public amusement or recreational establishment, organized camp, or religious or nonprofit educational conference center.

Article 5 -. Enactment Clause
This act shall take effect immediately upon passage.


Does not have my support, but I'll sponsor for the sake of getting it to the Chamber.
Woman-made-woman.
Formerly Not a Bang but a Whimper.
Mario Cerce, Member of the Red - Green Alliance, Fighting for your Fernão!
Elizia
Joyce Wu, Eternal President of Elizia
Wen Lin, Governor of Jinyu
Ahmed Alef, Member for South Hutnegeri
Dagmar
Elise Marlowe, Member for Varland
Calaverde
Alsafyr Njil, Minister of Justice
Vienna Eliot et. al, Poets
Dick Njil, Journalist
Assad Hazouri, Mayor of Masalbhumi
Baltonia
Clint Webb, Member of the Seima
Ment-Al Li, United Nations Agent
Aurentina
Clint Webb, Senator

User avatar
Atlanticatia
Negotiator
 
Posts: 5970
Founded: Mar 01, 2014
Ex-Nation

Postby Atlanticatia » Wed Jan 07, 2015 9:01 pm

The New World Oceania wrote:
Atlanticatia wrote:

Official Information Act

Author: Sen. Sebastián Luc Morales (Atlanticatia | DemLeft)
Sponsors: Ernesto Valentin (Bojikami | CP), Encarnacion Diaz (Lykens | LDP), Salvador O'Hara (Beta Test | LDP)
An act to improve transparency and accountability within the government, by providing a framework for release of official information to citizens and organisations, when requested.


Definitions
  • Public institutions - any public entity or civil servant listed under § 1.c.
  • You, your - synonymous with 'citizen'
  • Citizen - Any individual person who is considered a legal citizen of Calaverde.

Purposes
The purposes of this Act are as follows,
  • To make government more transparent.
  • To ensure corruption is not fostered in the government.
  • To enable effective civic participation by citizens.
  • To promote the accountability of Senators, Ministers, the Public Service, and Government to citizens.

§ 1 - Process and Framework
a) Citizens of Calaverde are entitled to make a written request for release of official information from noted public institutions and civil servants. Citizens are also entitled to make a request on behalf of a business, non-governmental organisation, or any other private entity registered in Calaverde.
b) Official information includes any specified information that the government holds within defined limits, internal rules and regulations used by the relevant public institution, information or further explanations on a decision about you, and meeting agendas of meetings undertaken by the relevant public institutions.
c) Citizens may request information from the following public institutions, entities, and civil servants: Government ministries, Ministers of the Government, state-owned enterprises, public educational and medical institutions (such as schools, hospitals, and universities) local authorities and sub-national governmental institutions, and government departments.
d) Citizens must make an official request in writing to the relevant institution or civil servant, that includes: i.) a specific description of the information or explanation being requested; ii.) a declaration of your name, contact information, the private entity you are contacting on the behalf of if relevant, and your country of citizenship. iii.) how you want the official information released - i.e. as a copy of a document, an answer to a question, or a video file.
e) The Official Information Act request must be completed, or denied with a relevant reason, within twenty working days. Public institutions have a right to take an additional extension of not more than ten working days to complete an Official Information Act request, provided they inform the requesting citizen of this extension within twenty working days. Public institutions may contact the Office of the Transparency Ombudsman if a further extension is required, and the extension must be approved by the Ombudsman.
f) The relevant public institution is entitled to charge a fee for the release of the official information if additional hours of compensated labour are required, or if there are significant administrative costs. These costs must be clearly and individually listed, and may not be more than $100. A fee may only be charged if the relevant public institution had to spend money on releasing the request, in addition to what would normally be spent on other day-to-day operations.

§ 2 - Limits on the release of information
a) Public institutions are not required to release information that is covered by the following:
    i.) the information may harm the national security of Calaverde
    ii.) negative effects to the public order
    iii.) the release of the information may expose trade, commercial, or security secrets
    iv.) personal privacy may be compromised
    v.) the information is protected by professional/legal privilege (i.e. doctor-patient confidentiality)
    vi.) health and safety of the public
    vii.) the information is part of an ongoing criminal investigation, legal case, or civil suit
    viii.) the information is about a government decision that was made as part of a prosecution, a civil suit, or through another legal system
    ix.) the release of the information requested exceed's the administrative capacity of the institution
b) Some information may be redacted from a document if it is deemed irrelevant or is covered by §2a.

§ 3 - Establishment of the Office of the Transparency Ombudsman
a) A Transparency Ombudsman will be appointed by the senate every 5 years, by a legislative vote on the matter.
b) The Office of the Transparency Ombudsman will be operated at 'arm's length' from the government, and will not be influenced by the Government, instead being a government-owned independent agency.
c) The Transparency Ombudsman will be able to employ an administrative staff to manage the Office's administrative affairs.
d) Citizens will be able to appeal to the Transparency Ombudsman if they:
    i.)feel that their Official Information Act response has not fulfilled their request.
    ii.) the relevant public institution did not fulfill the Official Information Act request within 20 working days.
    iii.) the citizen disagrees with a reason given by a relevant public institution for not releasing official information.
    iv.) the citizen feels that the fee amount is unjustifiable.
e) The Transparency Ombudsman shall have the power to consult with public institutions and citizens, and will be able to issue rulings on the release of any official information, and to resolve any issues raised by citizens regarding this.


Sponsors, anyone?


Two comments: one, we should know who appoints the Ombudsman and how they're approved. Second, five years OOC time's a bit long.

Clarification on those and given no outstanding discrepancies, I will sponsor. Aldbelwamasy Njil, SNP.


a) The legislature would appoint an ombudsman through an Act of law, as is specified. :) (i.e. a majority vote to confirm the appointment)
b) Isn't 5 years OOC = to 5 months IC? Anyway, I made it relatively long because I think the Ombudsman should gain a lot of experience in the role and have a long-term commitment to upholding transparency and accountability. If it was changed yearly, each ombudsman would be inexperienced.

So you'll sponsor? :)
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Social Libertarian/Authoritarian: -5.95

Pros: social democracy, LGBT+ rights, pro-choice, free education and health care, environmentalism, Nordic model, secularism, welfare state, multiculturalism
Cons: social conservatism, neoliberalism, hate speech, racism, sexism, 'right-to-work' laws, religious fundamentalism
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The New World Oceania
Minister
 
Posts: 2525
Founded: May 03, 2012
Ex-Nation

Postby The New World Oceania » Wed Jan 07, 2015 9:05 pm

Atlanticatia wrote:
The New World Oceania wrote:
Two comments: one, we should know who appoints the Ombudsman and how they're approved. Second, five years OOC time's a bit long.

Clarification on those and given no outstanding discrepancies, I will sponsor. Aldbelwamasy Njil, SNP.


a) The legislature would appoint an ombudsman through an Act of law, as is specified. :) (i.e. a majority vote to confirm the appointment)
b) Isn't 5 years OOC = to 5 months IC? Anyway, I made it relatively long because I think the Ombudsman should gain a lot of experience in the role and have a long-term commitment to upholding transparency and accountability. If it was changed yearly, each ombudsman would be inexperienced.

So you'll sponsor? :)


Procedural bills use OOC time for the sake of simplicity in their enactment.
I'll sponsor if we can amend to a Presidential appointment subject to approval by a majority vote.
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Elizia
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Geilinor
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Ex-Nation

Postby Geilinor » Wed Jan 07, 2015 9:05 pm

I sponsor the Minimum Wage Act.
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Atlanticatia
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Posts: 5970
Founded: Mar 01, 2014
Ex-Nation

Postby Atlanticatia » Wed Jan 07, 2015 9:17 pm

The New World Oceania wrote:
Atlanticatia wrote:
a) The legislature would appoint an ombudsman through an Act of law, as is specified. :) (i.e. a majority vote to confirm the appointment)
b) Isn't 5 years OOC = to 5 months IC? Anyway, I made it relatively long because I think the Ombudsman should gain a lot of experience in the role and have a long-term commitment to upholding transparency and accountability. If it was changed yearly, each ombudsman would be inexperienced.

So you'll sponsor? :)


Procedural bills use OOC time for the sake of simplicity in their enactment.
I'll sponsor if we can amend to a Presidential appointment subject to approval by a majority vote.

Alright, that's fine with me. I'll amend.
Economic Left/Right: -5.75
Social Libertarian/Authoritarian: -5.95

Pros: social democracy, LGBT+ rights, pro-choice, free education and health care, environmentalism, Nordic model, secularism, welfare state, multiculturalism
Cons: social conservatism, neoliberalism, hate speech, racism, sexism, 'right-to-work' laws, religious fundamentalism
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Maklohi Vai
Minister
 
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Ex-Nation

Postby Maklohi Vai » Wed Jan 07, 2015 11:02 pm

Senator Morales, I'll sponsor. Eduardo Bustamante, LDP.
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Bojikami
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Posts: 11276
Founded: Jul 24, 2012
Ex-Nation

Postby Bojikami » Thu Jan 08, 2015 5:08 am

Updated. Thank you for your support.
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Ainin
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Civil Rights Lovefest

Postby Ainin » Thu Jan 08, 2015 5:15 am

The Transparency Ombudsman's rulings should be appealable to the High Court of Appeals.
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Calimera II
Powerbroker
 
Posts: 8790
Founded: Jan 03, 2013
Inoffensive Centrist Democracy

Postby Calimera II » Thu Jan 08, 2015 7:20 am

Bojikami wrote:Updated, increased the wage to $4.50.
Bojikami wrote:
The Minimum Wage Act



Author(s): Bojikami (Ernesto Valentin | CP), The New Sea Territory Alvaro Guerra (WA)
Sponsors: United Marxist Nations Nicolao Epifanio Núñez (CP), United Provinces of Atlantica Jean-Luc Martin (WA), Merizoc Ah Puch Tecu (WA) Potenco Zelda Potenco (CP), Glasgia Robert MacDaibidh-Glasgios (WA)




Article 1 -. The purpose of the Act
The purpose of the act is to establish a minimum wage for the workers of Calaverde to ensure fair payment.

Article 2 -. Minimum Wages
Upon the passage of this act, every employer shall pay to each of his or her employees wages for all hours worked at a rate of not less than $4.50 per hour.
For each hour worked of overtime, the employer owes his or her employees $0.50.

Article 3 -. The Department of Labour ((OOC Note: This section only goes into effect if there is no such agency currently existing.))
Hereby creates a department of labour to enforce the provisions set forth by this act and all future acts related to labour and the workplace. These provisions include the following:

The department shall enforce this shall make and, from time to time, revise regulations, with the assistance of the board, when requested by the secretary, which shall be deemed appropriate to carry out the purposes of this act and to safeguard the minimum wage rates thereby established. Such regulations may include, but are not limited to, regulations defining and governing executive, administrative, or professional employees and outside sales persons, learners and apprentices, their number, proportion, length of learning period, and other working conditions; handicapped workers; part-time pay; overtime standards; bonuses; allowances for board, lodging, apparel, or other facilities or services customarily furnished by employers to employees; allowances for gratuities; or allowances for such other special conditions or circumstances which may be incidental to a particular employer-employee relationship.

This department is also granted the power to investigate the wages of persons employed in any occupation in the Republic; enter and inspect the place of business or employment of any employer or employees in any occupation in Calaverde at any reasonable time, for the purpose of examining and inspecting any records of any such employer that in any way relate to wages, hours, or other conditions of employment of any such employees.

Article 4 -. Exemptions

Exemptions to this act include:

Labour on a farm (Note, this only applies if this is irregular labour on a family farm.); Domestic services; Delivery of newspapers to the consumer; In connection with the publication of any weekly, semiweekly, or daily newspaper with a circulation of less than four thousand, the major part of which circulation is within the county where published, the activities of an educational, charitable, religious or nonprofit organization where the employer-employee relationship does not in fact exist or where the services are rendered to such organization gratuitously; seasonal employment, if the employee is under eighteen years of age, or if a student under twenty-four years of age, by a nonprofit health or welfare agency engaged in activities dealing with handicapped or exceptional children or by a nonprofit day or resident seasonal recreational camp for campers under the age of eighteen years, which operates for a period of less than three months in any one year, in employment by an establishment which is a public amusement or recreational establishment, organized camp, or religious or nonprofit educational conference center.

Article 5 -. Enactment Clause
This act shall take effect immediately upon passage.


It is a quite decent bill, but why did you raise the minimum wage in your proposal?

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The Nihilistic view
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Moralistic Democracy

Postby The Nihilistic view » Thu Jan 08, 2015 8:48 am

OOC: Before we decide the level of the minimum wage can we for god sake please have a vote on our exact GDP per capita. How can we plan anything economic when we have a possible range of $10,000?
Slava Ukraini

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Calimera II
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Inoffensive Centrist Democracy

Postby Calimera II » Thu Jan 08, 2015 8:49 am

The Nihilistic view wrote:OOC: Before we decide the level of the minimum wage can we for god sake please have a vote on our exact GDP per capita. How can we plan anything economic when we have a possible range of $10,000?

OOC: You are right. We should really have a vote on that.. because it effects basically everything.

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Bojikami
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Founded: Jul 24, 2012
Ex-Nation

Postby Bojikami » Thu Jan 08, 2015 9:04 am

Calimera II wrote:
Bojikami wrote:Updated, increased the wage to $4.50.


It is a quite decent bill, but why did you raise the minimum wage in your proposal?

Mostly popular demand, and apparently due to "realism being thrown out since Baltonia".
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Malgrave
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Democratic Socialists

Postby Malgrave » Thu Jan 08, 2015 11:07 am

Atlanticatia wrote:

Official Information Act

Author: Sen. Sebastián Luc Morales (Atlanticatia | DemLeft)
Sponsors: Ernesto Valentin (Bojikami | CP), Encarnacion Diaz (Lykens | LDP), Salvador O'Hara (Beta Test | LDP), Aldbelwamasy Njil (The New World Oceania | SNP)
An act to improve transparency and accountability within the government, by providing a framework for release of official information to citizens and organisations, when requested.


Definitions
  • Public institutions - any public entity or civil servant listed under § 1.c.
  • You, your - synonymous with 'citizen'
  • Citizen - Any individual person who is considered a legal citizen of Calaverde.

Purposes
The purposes of this Act are as follows,
  • To make government more transparent.
  • To ensure corruption is not fostered in the government.
  • To enable effective civic participation by citizens.
  • To promote the accountability of Senators, Ministers, the Public Service, and Government to citizens.

§ 1 - Process and Framework
a) Citizens of Calaverde are entitled to make a written request for release of official information from noted public institutions and civil servants. Citizens are also entitled to make a request on behalf of a business, non-governmental organisation, or any other private entity registered in Calaverde.
b) Official information includes any specified information that the government holds within defined limits, internal rules and regulations used by the relevant public institution, information or further explanations on a decision about you, and meeting agendas of meetings undertaken by the relevant public institutions.
c) Citizens may request information from the following public institutions, entities, and civil servants: Government ministries, Ministers of the Government, state-owned enterprises, public educational and medical institutions (such as schools, hospitals, and universities) local authorities and sub-national governmental institutions, and government departments.
d) Citizens must make an official request in writing to the relevant institution or civil servant, that includes: i.) a specific description of the information or explanation being requested; ii.) a declaration of your name, contact information, the private entity you are contacting on the behalf of if relevant, and your country of citizenship. iii.) how you want the official information released - i.e. as a copy of a document, an answer to a question, or a video file.
e) The Official Information Act request must be completed, or denied with a relevant reason, within twenty working days. Public institutions have a right to take an additional extension of not more than ten working days to complete an Official Information Act request, provided they inform the requesting citizen of this extension within twenty working days. Public institutions may contact the Office of the Transparency Ombudsman if a further extension is required, and the extension must be approved by the Ombudsman.
f) The relevant public institution is entitled to charge a fee for the release of the official information if additional hours of compensated labour are required, or if there are significant administrative costs. These costs must be clearly and individually listed, and may not be more than $100. A fee may only be charged if the relevant public institution had to spend money on releasing the request, in addition to what would normally be spent on other day-to-day operations.

§ 2 - Limits on the release of information
a) Public institutions are not required to release information that is covered by the following:
    i.) the information may harm the national security of Calaverde
    ii.) negative effects to the public order
    iii.) the release of the information may expose trade, commercial, or security secrets
    iv.) personal privacy may be compromised
    v.) the information is protected by professional/legal privilege (i.e. doctor-patient confidentiality)
    vi.) health and safety of the public
    vii.) the information is part of an ongoing criminal investigation, legal case, or civil suit
    viii.) the information is about a government decision that was made as part of a prosecution, a civil suit, or through another legal system
    ix.) the release of the information requested exceed's the administrative capacity of the institution
b) Some information may be redacted from a document if it is deemed irrelevant or is covered by §2a.

§ 3 - Establishment of the Office of the Transparency Ombudsman
a) A Transparency Ombudsman will be appointed by the President, and confirmed by a majority vote in the legislature every 5 years, by a vote on the matter.
b) The Office of the Transparency Ombudsman will be operated at 'arm's length' from the government, and will not be influenced by the Government, instead being a government-owned independent agency.
c) The Transparency Ombudsman will be able to employ an administrative staff to manage the Office's administrative affairs.
d) Citizens will be able to appeal to the Transparency Ombudsman if they:
    i.)feel that their Official Information Act response has not fulfilled their request.
    ii.) the relevant public institution did not fulfill the Official Information Act request within 20 working days.
    iii.) the citizen disagrees with a reason given by a relevant public institution for not releasing official information.
    iv.) the citizen feels that the fee amount is unjustifiable.
e) The Transparency Ombudsman shall have the power to consult with public institutions and citizens, and will be able to issue rulings on the release of any official information, and to resolve any issues raised by citizens regarding this.


Sponsors, anyone?


I'll sponsor. Eugenia Malgrave, DL.
Frenequesta wrote:Well-dressed mad scientists with an edge.

United Kingdom of Malgrave (1910-)
Population: 331 million
GDP Per Capita: 42,000 dollars
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Dendart
Lobbyist
 
Posts: 12
Founded: Nov 21, 2013
Ex-Nation

Postby Dendart » Thu Jan 08, 2015 11:50 am

The Rights and Privileges of Senators
Author:El Senador Alfredo Lorenzo Rodolfo Adolfo Fierro
An act to guarantee the rights and privileges of the Senators of Calaverde.

§ 1 Rights and Privileges of Senators are as follows

a.) Senators enjoy civil and criminal inviolability on account
of any of their opinions, words and votes.
b.). Senators, from the date of issuance of the certificate
of election victory, shall be tried by the Supreme Federal Court.
c.). From the date of issuance of the certificate of election victory, the
members of the National Senate may not be arrested, except in flagrante delicto of
a non-bailable offense. In such case, the case records shall be sent within twenty-four
hours to the Senate, which, by the vote of the majority of its members,
shall decide on the arrest.
d.). Upon receiving an accusation against a Senator, for an
offense committed after the issuance of the certificate of election victory, the Supreme Federal Court shall inform the Senate, which, by the initiative of a political
party therein represented and by the vote of the majority of Senate members,
may, until such time as a final decision is issued, stay consideration of the action.
e.). The request for stay shall be examined by the Senate within
the unextendable period of 48 hours as from its receipt by the Directing Board.
f.) The stay of proceedings shall suspend the limitation for the duration
of the term of office.
Paragraph 6. =Senators shall not be compelled to render testimony
on information received or given by virtue of the exercise of their mandate, nor on
persons who rendered them information or received information from them.
g.) Incorporation into the Armed Forces of Senators, even
if they hold military rank and even in time of war shall depend upon the prior granting
of permission by the Senate.
h.). The immunities of Senators shall be maintained during
a state of siege and may only be suspended by the vote of two-thirds of the members of
the respective House, in the case of acts committed outside the premises of Congress,
which are not compatible with the implementation of such measure.


thoughts? a very rough draft modeled almost entirely from the Brazilian constitution
Senator George Durand
The Civic Union, fighting for you.
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The Nihilistic view
Postmaster-General
 
Posts: 11424
Founded: May 14, 2013
Moralistic Democracy

Postby The Nihilistic view » Thu Jan 08, 2015 12:08 pm

Brazil is not a good country to model such a bill on. Clearly it does not do a good job there.
Slava Ukraini

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Dejanic
Senator
 
Posts: 4677
Founded: Nov 20, 2012
Ex-Nation

Postby Dejanic » Thu Jan 08, 2015 12:18 pm

The Nihilistic view wrote:Brazil is not a good country to model such a bill on. Clearly it does not do a good job there.

I agree, we should choose a less corrupt country. Perhaps Mexico? Or Zimbabwe.
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Calimera II
Powerbroker
 
Posts: 8790
Founded: Jan 03, 2013
Inoffensive Centrist Democracy

Postby Calimera II » Thu Jan 08, 2015 12:19 pm

The Nihilistic view wrote:Brazil is not a good country to model such a bill on. Clearly it does not do a good job there.


I honestly don't think it has to do with the law itself, but more with the politicians. Moreover, we are a Central American country, so it would be quite weird to just 'copy' for example Norwegian style bills. I get your -valid- point though.

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The Nihilistic view
Postmaster-General
 
Posts: 11424
Founded: May 14, 2013
Moralistic Democracy

Postby The Nihilistic view » Thu Jan 08, 2015 12:22 pm

Dejanic wrote:
The Nihilistic view wrote:Brazil is not a good country to model such a bill on. Clearly it does not do a good job there.

I agree, we should choose a less corrupt country. Perhaps Mexico? Or Zimbabwe.


Well I was thinking Pakistan, Russia or Yemen.
Slava Ukraini

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Calimera II
Powerbroker
 
Posts: 8790
Founded: Jan 03, 2013
Inoffensive Centrist Democracy

Postby Calimera II » Thu Jan 08, 2015 12:24 pm

The Nihilistic view wrote:
Dejanic wrote:I agree, we should choose a less corrupt country. Perhaps Mexico? Or Zimbabwe.


Well I was thinking Pakistan, Russia or Yemen.


What about Afghanistan?

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Atlanticatia
Negotiator
 
Posts: 5970
Founded: Mar 01, 2014
Ex-Nation

Postby Atlanticatia » Thu Jan 08, 2015 12:25 pm

The Nihilistic view wrote:
Dejanic wrote:I agree, we should choose a less corrupt country. Perhaps Mexico? Or Zimbabwe.


Well I was thinking Pakistan, Russia or Yemen.


Personally I think the Congo might be the best to model it upon. I mean, it is a Democratic Republic!
Economic Left/Right: -5.75
Social Libertarian/Authoritarian: -5.95

Pros: social democracy, LGBT+ rights, pro-choice, free education and health care, environmentalism, Nordic model, secularism, welfare state, multiculturalism
Cons: social conservatism, neoliberalism, hate speech, racism, sexism, 'right-to-work' laws, religious fundamentalism
i'm a dual american-new zealander previously lived in the northeast US, now living in new zealand. university student.
Social Democrat and Progressive.
Hanna Nilsen, Leader of the SDP. Equality, Prosperity, and Opportunity: The Social Democratic Party

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