Bill: Vote Aventura Constitution Act

[Imza]

A
BILL
To

Amend the Constitution​

The citizens of Aventura, through their elected Representatives in the Town-Council and the force of law ordained to that Town-Council by the people through the constitution of Aventura, do hereby enact the following provisions into the by-laws:

1 - Short Title and Enactment
(1) This Act may be cited as the 'Aventura Constitution Act.'
(2) This Act shall be enacted immediately upon its passage.
(3) This Act has been authored by: RealImza.
(4) This Act has been co-sponsored by: KattoDE.

2 - Reasons
(1) The current Constitution of Aventura has flaws.
(2) It gives the Mayor unlimited power.
(3) It heavily limits Council oversight.
(4) It has some formatting issues.
(5) This new Constitution is quite similar to the current one; however, Articles I and II have been heavily modified.
(6) Additionally, many small details have been fixed or added to the other Sections.

3 - Amendment
(1) The Constitution of Aventura shall be amended and replaced with the following text:

Article I - The Executive​

(1) Executive power shall solely be vested in the Mayor of Aventura.

(2) Individual town Councillors shall derive their Executive authority from delegated Mayoral Executive power.

(3) Town Councillors shall administer their offices independently and as they see fit to achieve the tasks which they are constitutionally responsible for, unless overridden by the Mayor.

Section I - Office of the Mayor:
The Mayor of Aventura shall serve as the Head of State and Government of Aventura. All Executive power shall be vested in the Mayor, unless delegated to individual town Councillors or the Deputy Mayor by this Constitution, or by the Mayor.

The Mayor shall have the powers to:

• Allocate funds to be used by departments, compensation for projects, and other town activities;
• Oversee the town’s treasury, set the town’s budget, and administer taxes in accordance with town bylaws;
• Override decisions made by Town Councillors regarding the administration of their Office;
• Appoint Advisors to assist with the leadership of the Town of Aventura;
• Veto or Assent to the bills passed by the Council of Aventura within 14 days of their passing, before assent shall be assumed and the bill shall become a by-law.
• Issue or revoke Mayoral Decrees within the purview of their Executive power, which shall be to manage the operations of the Executive of the Town of Aventura; and
• Dissolve the Council if requested by the Speaker.

Section II - Order of Succession:
If the Office of the Mayor becomes vacant, the Deputy Mayor shall ascend to it; If the Deputy Mayor is ineligible for the position of Mayor or the Office of the Deputy Mayor is vacant, the Speaker shall ascend to it; If the Speaker is ineligible for the position of Mayor, or the Office of the Speaker is vacant, the Council shall be required to appoint an Acting Mayor, and a special election for the positions of Mayor and Deputy Mayor shall be called.

Section III - Office of the Deputy Mayor:
The Deputy Mayor shall serve as the second-highest Executive officer of Aventura and as an assistant to the Mayor.

(1) The Deputy Mayor shall have the powers to:

• Act in the position of Mayor if delegated to, or succeed to the position of Mayor in accordance with Article I, Section II of this Constitution.

(2) The Mayor may delegate additional powers to the Deputy Mayor.

(3) If the position of Deputy Mayor becomes vacant, the Mayor may nominate a replacement, subject to confirmation by a majority of the Council.

Section IV - Town Councillors and Executive Offices:
Town Councillors are responsible for the Administration of a town office. All such Offices must be established within this Constitution. All Offices are charged with advising the Mayor and Deputy Mayor on the matters assigned to them.

1. Office of Development
The Office of Development is responsible for the town’s expansion, infrastructure, and management of existing plots. The following responsibilities are allocated to this office:

• Eviction of plots in accordance with town bylaws;
• Creation and deletion of plots in accordance with town bylaws;
• Approval of changes to the exterior design of buildings within the town;
• Conducting auctions and selling plots owned by the Government;
• Advising the Mayor, Deputy Mayor, and Town Council on plot management matters.

2. Office of Community
The Office of Community is responsible for overseeing the town’s heritage, organising events within the town, and advising the Town Legislature and Executive to ensure Aventura remains a bustling fishing town. The following responsibilities are allocated to this office:

• Planning and management of public events;
• Supporting tourism and thematic preservation efforts;
• Advising the Mayor, Deputy Mayor, and Town Council on cultural and heritage matters.

3. Office of Legal Affairs
The Office of Legal Affairs is responsible for ensuring the town's legal compliance and handling all legal matters, from defending the town in court to drafting town legislation upon request. They are additionally responsible for handling citizen complaints. The following responsibilities are allocated to this office:

• Investigation and prosecution for the Town of Aventura;
• Legal Defence of the Town of Aventura;
• Resolution of resident complaints.
• Advising the Mayor, Deputy Mayor, and Town Council on legal matters.

4. Office of Commerce
The Office of Commerce is responsible for ensuring the town has a strong economy, from ensuring a stable treasury to drawing businesses and new players into the town through incentives and outreach. The following responsibilities are allocated to this office:

• Maintaining treasury records for the town;
• Monitoring plot prices and sales;
• Attracting and supporting businesses running in the town;
• Advising the Mayor, Deputy Mayor, and Town Council on economic matters.

Section V - Advisors:
(1) The Mayor may appoint up to five (5) Advisors to assist with the administration and leadership of the Town of Aventura.

(2) The Mayor may appoint a Chief of Staff to assist in organising and leading the Executive of the Town of Aventura.

(3) The Mayor may dismiss an Advisor or the Chief of Staff at any time, subject to federal employee protection laws.

Article II – The Legislature​

Section I - Organisation
Legislative power in the Town of Aventura shall be vested in a unicameral Council consisting of the Mayor, Deputy Mayor, and all Department Councillors. Each member of the Council, excluding the Mayor, shall have one vote.

(1) The Mayor may, in case of a tie, cast a tie-breaking vote.

(2) The Mayor may only cast a tie-breaking vote within the Council; they shall have no other powers within it.

(3) A quorum shall be required for all voting conducted within the Council of Aventura, and a quorum to make a decision shall be no less than 50% of the statutory number of seats within the Council.

Section II - Powers of the Council
(1) The Council shall have the powers to:

• Create, amend or repeal by-laws through a formal simple majority vote, provided the Mayor assents.
• Override a Mayoral Veto of a bill or a constitutional amendment through a formal supermajority vote;
• Override a Mayoral Decree through a formal simple majority vote;
• Override a Mayoral allocation of funds, or the Mayoral budget, through a formal supermajority vote;
• Remove the Mayor, Deputy Mayor or a Councillor through a formal supermajority vote;
• Issue subpoenas which shall only have the force of law within the Town of Aventura;
• Hold the Executive of Aventura accountable through hearings, removals and censures; and
• Create and pass Standing Orders that shall have the force of law to govern themselves through internal rules and procedures.

Section III - Office of the Speaker of the Council
The Council shall, amongst themselves, elect a Speaker who shall preside over the Council of Aventura.

(1) The Speaker shall have the power to preside over the Council and enforce parliamentary procedure impartially.

(2) The Council shall determine the election process for the Speaker through its Standing Orders.

(a) If an election process does not exist for the Speaker, the Council shall elect a Councillor to the Office of the President of the Council through a simple majority.

(3) The Speaker’s first order of business shall be to amend or reaffirm the extant Standing Orders of the Council of Aventura.

(a) If no Standing Orders exist, the Speaker may propose one, which shall require a formal simple majority vote within the Council to pass.

(4) The Council shall, through their standing orders, determine any additional powers and responsibilities of the Speaker not listed within this Constitution.

(5) The Speaker may request that the Mayor dissolve the Council of Aventura, which shall call a special election within 24 hours of the dissolution for all Department Councillors. After the 24-hour period passes, the Department of State shall be notified to begin the electoral process as defined within this Constitution.

(a) The Council may override dissolution through a formal simple majority, provided they do so within 24 hours of the Speaker’s request.

(5) The Council may remove the Speaker through a formal Vote of No Confidence, which shall require a simple majority to pass.

Section IV - Constitutional Amendment
The Council of Aventura may vote to amend this Constitution with a four-fifths supermajority of votes cast, provided that no fewer than 4 votes are in the affirmative and Mayoral assent has been provided.

Article III – Elections​

Section I - Timing
(1) Elections for the Office of Mayor and Deputy Mayor, who shall run jointly, as well as Council elections, shall be held three times a year, in April, August, and December, beginning on the 15th day.

(2) All elections, excluding special and run-off elections, shall have a 72-hour declaration period, followed by a 48-hour voting period.

(3) Special elections shall have a 24-hour declaration period, followed by a 24-hour voting period.

(4) Runoff elections shall last for 24 hours.


Section II - Candidacy and Voting Requirements
(1) Candidates running for the Offices of Mayor and Deputy Mayor must meet the following requirements and maintain them throughout their term:

• Has been 1 month since the player’s initial join date;
• Has accrued 48 hours of total playtime;
• Has accrued 12 hours of active playtime within the last 30 days;
• Has residency in the Town of Aventura; and
• May only hold one elected position in the town at any time.

(2) Candidates running for a Council position must meet the following requirements and maintain them throughout their term:

• Has been 1 month since the player’s initial join date;
• Has accrued 48 hours of total playtime;
• Has accrued 12 hours of active playtime within the last 30 days;
• Has residency in the Town of Aventura; and
• May only hold one elected position in the town at any time.

(3) All Voters must meet the following requirements to vote in town elections and referendums:

• Has accrued 6 hours of active playtime within the last 30 days;
• Has residency in the Town of Aventura.

Section III - Voting System
(1) In the case that no candidates declare in any election, the declaration period shall be extended in 24-hour periods until one or more candidates declare their intent to run for the position.

(2) In the case that only one candidate declares in any election, a Vote of Confidence shall be held for the position, requiring a simple majority to pass.

(3) For elections with two or more candidates, a system of Instant-Runoff Voting (IRV) shall be used, as defined in the Electoral Act or any succeeding legislation.

(4) In the case that a player elected to the Office of Mayor and/or Deputy Mayor also ran for a Council position during the same general election, all votes cast for that player in the Council election shall be considered forfeited and shall automatically advance to the next valid preference on each ballot. If, after the forfeiture of votes, no eligible candidates remain, the Council election shall be rerun as a special election.

Article IV – Relationship with the Federal Government of Redmont​

(1) Aventura operates in a federalistic relationship with the Commonwealth of Redmont. All legislation, executive orders, and Judicial orders established by the Commonwealth of Redmont shall be binding and enforceable, and shall override this Constitution and all town bylaws, except where town authority has been expressly delegated by federal law.

(2) Federal government Departments shall not conduct business within the Town of Aventura without approval from the Mayor, with the exception of the Department of State to facilitate elections, and the Department of Health to maintain the Town Clinic.

Article V – Town Culture​

(1) The Town of Aventura, shall in its core, be the Fishing, Art and Tourism town. The Town Government is to respect this with frequent events and activities to represent Aventura's unique heritage.

(2) The flag of Aventura shall be a flag with three equally sized horizontal stripes on a 1:2 aspect ratio. The top and bottom stripes shall be cyan, the middle one yellow.

(3) The Anthem of Aventura shall have the melody of Beethoven's Symphony No. 9's Final Movement.
The Lyrics shall be:

By the waves of shining waters,
Where the winds so freely roam,
Aventura, proud and steadfast,
Stands our people’s fishing home.

Golden sun on endless ocean,
Silver sails against the sky,
Through the storm and through the season,
Ever strong, we stand with pride!

Article VI – Definitions​

Simple Majority - more than half of the votes cast, provided quorum is met. Abstentions and non-votes shall not count toward the total.
Supermajority - four-fifths supermajority of votes cast, with no fewer than 4 votes in the affirmative.