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Started work on administrative sanctions. 

- Document date updated to 2022
- Minor language corrections
- Monetary compensation of members of the Administration is now defined in CraftyCoins
- Decisions of ommission are now part of the definition of decisions
- Basis laid down for Administration sanctions, including definitions, rules of imposition, limits, procedure and specifically the measure of restorative coercion
- Position of the President clarified and terms are now defined in an article
- Imposition of administrative sanctions is now part of the administrative powers of the President
- Delegation of powers of the owner is only allowed if the delegate also has been delegated the related administrative powers
- Header for Accountability Act has been added
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Abel Hoogeveen 2022-03-18 14:05:32 +01:00
parent b819737cb3
commit d7e19b9a33
Signed by: abelhooge
GPG Key ID: C540221690CBFFBA
1 changed files with 71 additions and 23 deletions
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94
statutes.tex
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@ -15,7 +15,7 @@
% Supporter titles may no longer be bold
% Amendmend 2: 5th June 2021. Nicknames Implementation Act
% Supporters may additionally receive a custom nickname
\setdate{23rd May. 2021}
\setdate{17th March. 2022}
\generateHeader
@ -538,7 +538,7 @@
\article{Liability for damages}{\begin{enumerate}
\item The Administration shall be held liable for any damages caused by the execution of an Act of the Administration.
\item Persons performing an Act of the Administration shall instead be held liable for any damages caused by the exercise of that act, insofar as that damage was foreseeable at the time of the execution of the Act and the Act was performed \textit{contra legem}. If that person is unable to incur the damages, the President shall be held liable instead.
\item Damages incurred by the Administration shall be paid out by the Treasury and must be registered in an official notice to the Crafty Council.
\item Damages incurred by the Administration shall be paid out by the Treasury and shall be registered in an official notice to the Crafty Council.
\end{enumerate}}
% Better title
@ -549,17 +549,20 @@
%\end{enumerate}}
\article{Monetary Compensation}{\begin{enumerate}
\item The President shall receive a weekly salary of 64 diamonds, or any other resource of equal value.
\item Moderators shall receive a weekly salary of 16 diamonds, or any other resource of equal value. The President may reduce a Moderator's weekly salary if that Moderator only has access to a limited subset of administrative powers.
\item Other persons whom have been bestowed public powers by any act of delegation must receive adequate compensation for exercise of public duty, the amount of which may not exceed that which a Moderator receives. The President shall determine the amount of compensation in an Administrative Decree.
\item The President shall receive a weekly salary of 512 CraftyCoins.
\item Moderators shall receive a weekly salary of 128 CraftyCoins. The President may reduce a Moderator's weekly salary if that Moderator only has access to a limited subset of administrative powers.
\item Other persons whom have been bestowed public powers by any act of delegation must receive adequate compensation for exercise of public duty, the amount of which may not exceed that which a Moderator receives according to the previous member. The President shall determine the amount of compensation by Administrative Decree.
\end{enumerate}}
% Decisions and appeal
\section{Decision making}
\article{Definitions}{A decision shall be an Act of the Administration affecting the legal position of players or entities, not including the imposition of any sanctions from title X.}
\article{Definitions}{\begin{enumerate}
\item A decision shall be an Act of the Administration affecting the legal position of players or entities, not including the imposition of any sanctions of title X.
\item The refusal, omission or failure to make a decision shall constitute a decision of omission.
\end{enumerate}}
\article{Making decisions}{\begin{enumerate}
\item The Administration may make decisions on request or on its own initiative if so permitted by the Law.
\item The Administration may make decisions on request or by its own initiative if so permitted by the Law.
\item If a decision is requested, the request shall at least contain:\begin{enumerate}[label=\alph*.]
\item the name of the requestor;
\item the date of the request;
@ -568,32 +571,73 @@
\item If a decision is requested, the Administration may inquire the requestor to provide additional information if such information is required for determining the decision to make. Any applicable deadlines for the decision shall be suspended until this inquiry has been completed.
\item If no maximum length of time for the processing of a decision has been set, a maximum length of 7 days shall apply.
\item Upon making a decision, the Administration shall, if applicable, notify the requestor and any other known players with a specific interest in the decision of the decision it has made. The Administration shall also post the decision in a designated public Discord channel.
\item A decision may only enter into force after it has been published and any applicable terms of appeal have been exhausted.
\item A decision may only enter into force after it has been published in a public communication channel and any applicable terms of appeal have been exhausted.
\item If a decision regards the enactment of emergency measures, the decision may instead enter into force immediately but may retroactively be retracted by means of appeal.
\end{enumerate}}
\article{Administrative appeal}{\begin{enumerate}
\item The requestor of a decision, and any other player with a specific interest in a decision, may issue an appeal to the Administration. The appeal shall be issued using the same channel as the primary decision. The appelant shall provide the Administration with grounds for this appeal. Any other player that may appeal may also provide the Administration with arguments to be taken into account for the processing of the appeal.
\item The requestor of a decision, and any other player with a specific interest in a decision, may issue an appeal to the Administration to overturn the decision. The appeal shall be issued using the same channel as wherein the primary decision was issued. If the appelant does not have permission to respond in that channel, or in the case that no such channel exists, the appeal may instead be filed in a general purpose designated Discord channel. The appelant shall provide the Administration with grounds for this appeal. Any other player that is eligible to appeal may also provide the Administration with arguments to be taken into account for the processing of the appeal.
\item If no term has been set for the issuing of the appeal, a maximum term of 5 days shall apply.
\item If no maximum length of time for the processing of an appeal has been set, a maximum length of 2 days shall apply.
\item Upon deciding on the appeal, the Administration shall notify the requestor and any other known players with a specific interest in the decision, of the decision in appeal. The Administration shall also post this decision in a designated Discord channel.
\item Upon deciding on the appeal, the Administration shall notify the requestor and, if applicable, any other known players with a specific interest in the decision, of the decision in appeal. The Administration shall also post this decision in a designated Discord channel.
\end{enumerate}}
\article{Appeal to the Crafty Court}{The appelant, the requestor and any other participant in the appeal of the previous article may, within 3 days of the decision in appeal, in accordance with article *() of title IV, issue an appeal to the Crafty Court.}
\article{Appeal to the Crafty Court}{The appelant, the requestor and any other participant in the appeal of the previous article may, within 3 days of the decision in appeal, in accordance with article *() of title IV, issue an appeal to the Crafty Court to overturn the decision in appeal.}
\article{Refusal to make a decision}{The refusal, omission or failure to make a decision shall be constitute a decision of omission, and be open to Administrative appeal.}
\article{Late decision penalty}{For every 24 hours that the Administration exceeds the deadline of a decision, not including a decision of omission, the Administration shall owe 32 diamonds to the requestor of the decision or the appelant in appeal.}
\article{Exceedence of deadlines}{For every 24 hours that the Administration exceeds the deadline of a decision, not including a decision of omission, the Administration shall owe 256 CraftyCoins to the requestor of the decision or the appelant in appeal.}
\section{Enforcement mechanisms}
\article{*Last onder bestuursdwang*}{}
\article{Definitions}{The following definitions shall be used within this section:\begin{enumerate}[label=\alph*.]
\item administrative violation: an act that is performed \textit{contra legem} to any administrative provision of the Law;
\item violator: a player or entity performing an administrative violation;
\item administrative sanction: an order imposed by a member of the Administration, due to the observance of an administrative violation, on a violator;
\item restorative sanction: an administrative sanction with the purpose of undoing the cause or effects of an illegal state of affairs, or to prevent such a state from arising;
\item punitive sanction: an administrative sanction with the purpose of punishing the violator.
\end{enumerate}}
\article{Rules of imposition}{\begin{enumerate}
\item When imposing a restorative sanction, members of the Administration shall choose the least impactful restorative sanction which could reasonably achieve to undo the cause or effects of the illegal state of affairs. The Administration shall be held liable for the imposition of an unreasonably disproportionate restorative sanction.
\item Before imposing a restorative sanction a warning must be issued to the violator to restore a legal state of affairs, in the form of a \textit{cease and desist}. The warning shall describe the exact measures to be taken and the sanctions to be imposed when failing to perform these measures. The violator shall receive a reasonable amount of time to comply with this warning. A warning may be omitted if the restoration of a legal state of affairs is particularly imperative.
\item Punitive sanctions may only be imposed if so specifically permitted by the Law.
\end{enumerate}}
\article{Limits to punitive sanctions}{Punitive sanctions may not be imposed on a violator if the violation is committed under one of the following circumstances:\begin{enumerate}[label=\alph*.]
\item a legitimate \textit{force majeur} compelled the violator to perform the act;
\item the act was necessary for the protection of the violator or another player's personal integrity;
\item the violator, excluding members of the administration, performed the act on the orders of legally sanctioned authority;
\item the violator is a lunatic and cannot be held responsible for the act committed.
\end{enumerate}}
\article{Imposition procedure}{Upon imposing an administrative sanction, the Administration shall deliver the violator the decision to impose administrative sanctions using a direct message, containing at least the following information:\begin{enumerate}[label=\alph*.]
\item a description of the violation performed;
\item a short summary of evidence of the violation;
\item the administrative sanctions to be imposed;
\item a reminder of the violator's right to appeal to this decision, in accordance with article 8().
\end{enumerate}}
\article{Restorative coercion}{\begin{enumerate}
\item Restorative coercion shall mean the use of force to restore a legal state of affairs, including the order to the violator or the use of force by the Administration to bring about these restorations.
\item Coercion shall consist of the following measures:\begin{enumerate}[label=\roman*.]
\item changes to the physical state of the world, including to blocks and entities;
\item the seizure of property, to be taken into the custody of the Administration;
\item the suspension of administrative decisions on a temporary or permanent basis;
\item the suspension of a violator's free access to a premises or area on the server.
\end{enumerate}
\item The Administration may alternatively impose other coercive measures if the measures of the previous member can not reasonably ensure a restoration of a legal state of affairs.
\item The violator shall be held liable for any costs incurred for the enforcement of the restorative coercion. The violator shall be held only partially liable if the costs can not reasonably be fully attributed to the violator.
\item The decision to impose restorative coercion shall describe the exact measures to be taken, an estimation of the costs to be incurred to enforce the coercion and, if applicable, the term which the violator has to bring about restorations.
\end{enumerate}}
\article{*Last onder Dwangsom*}{}
% Combineer correct met titel X
\article{*Boetes*}{}
\chapter{The President}
\section{General Provisions}
\article{Position}{The position of President shall be held by the elected President of the Crafty Table. If no president is currently elected, the Owner of the Crafty Table shall appoint a president to supervise until a president is elected. In the absence of an appointed President, the Owner of the Crafty Table shall act as President.}
\article{Position}{The position of President shall be held by the elected President of the Crafty Table. If no president is currently elected, the Owner of the Crafty Table shall appoint a president \textit{ad interim}. In the absence of an appointed President, the Owner of the Crafty Table shall act as President.}
\article{Term}{The President shall have a term of the following length:\begin{enumerate}[label=\alph*.]
\item if the President is elected by the Crafty Council, the term shall be 8 weeks;
\item if the President is appointed \textit{ad interim}, the term shall be 2 weeks, or until a President is elected by the Crafty Council.
\end{enumerate}}
\article{Residence}{The President is entitled to reside in the President's official residence in the Overworld during the President's term of office.}
@ -604,6 +648,7 @@
\item management over the treasury, by collecting taxation and duties legally sanctioned in the Law, and by spending on community projects;
\item the recognition, establishment and dissolution of towns;
\item the creation and dissolution of governorates and the appointment of governors;
\item the imposition of administrative sanctions for administrative violations;
% () Rephrase
\item the settlement and management of all public land and administrative claims;
\item the imposition of sanctions for criminal acts;
@ -631,16 +676,15 @@
\end{enumerate}
\item The President shall be provided access to all powers of the Owner that are necessary for the implementation of any provision following from the Law.
\item The President shall be provided special powers by the Owner of the Crafty Table during times of emergency.
% Verbod van détournement de pouvoir
\item Powers of the Owner may only be utilized for their specific purpose and may not be utilized to gain an advantage in the survival experience, either for the person executing the command or any other person affected by the command.
\item Powers of the Owner may only be utilized for their specific purpose and may not be used to gain an advantage in the survival experience, either for the person executing the command or any other person affected by the command.
\item The President may delegate any of their powers to a moderator at the President's own discretion, provided that the moderator has also been delegated the requisite administrative powers.
\item Land management may only be utilized for the protection of private and public claims or for any other legally sanctioned alteration to the land.
\item The President must receive the Owner's permission before creating any custom item or before using special commands for testing new functionality.
\item The President may delegate any of their powers to a moderator at the President's own discretion.
\end{enumerate}}
\article{Limitations to access to Owner's powers}{\begin{enumerate}
\article{Limitations to Owner's powers}{\begin{enumerate}
\item Broadcasts and Discord announcements may only be used for the purpose of announcing official server notices. These may not be used for any private communication.
\item The smiting of players shall be minimized and only applied if it is legally sanctioned in the statutes, the player is misbehaving, or upon being requested to be smitten by the targeted player.
\item The smiting of players shall be minimized and only applied if legally sanctioned in the Statutes, the player is misbehaving, or upon being requested to be smitten by the targeted player.
\item Any member of the Administration utilizing smiting on players without just cause shall be jailed for 1 hour.
\end{enumerate}}
@ -653,6 +697,10 @@
% VP: The First Moderator
\article{Appointment}{}
% Accountability act
\subchapter{Accountability}
\subarticle{x}{x}
% Administrative departments