Act of Council Clearer Constitution Act

[Imza]

Council Vote: 4-0-0

A
BILL
To
Amend the Constitution of Aventura
​

BE IT ENACTED by the Mayor and Council of Aventura:

1 - Short Title and Enactment
(1) This Act may be cited as the 'Clearer Constitution Act.'
(2) This Act shall be enacted immediately upon its signing.
(3) This Act has been authored and sponsored by Councillor RealImza.

2 - Reasons
(1) The Constitution of Aventura contains many ambiguities, loopholes, and errors.
(2) The Constitution of Aventura is missing a clear preamble.
(3) The Constitution does not define many key terms.

3 - Amendments
(1) The following preamble shall be inserted before Article I of the Constitution of Aventura:

Preamble​

We, the People, conscious of our responsibility to form a more perfect Aventura, animated by the resolve to ensure tranquillity and to promote our general welfare, remembering the importance of our culture as a town of Fishing, Art and Tourism, do ordain and establish this Constitution for the Town of Aventura.

(2) Article I of the Constitution of Aventura shall be amended as follows:

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:

Spoiler: Powers of the Mayor

• 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 48 hours 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 the Office of the Mayor. If the offices of the Mayor and Deputy Mayor are simultaneously vacant, the Speaker of the Council shall ascend to the Office of the Mayor. 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 only have the powers to act in the position of Mayor if delegated to by the Mayor.
(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 simple majority of the Council.

(3) Article II of the Constitution of Aventura shall be amended as follows:
Section II - Powers of the Council
(1) The Council shall have the powers to:

Spoiler: Powers of the Council

• 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 simple majority vote;
• Override a Mayoral Decree through a formal simple majority vote;
• Override a Mayoral allocation of funds, or the Mayoral budget, through a formal simple majority vote;
• Remove any officer of the Town Government through a formal supermajority vote.;
• Issue subpoenas which shall only have the force of law within the Town of Aventura;
• Hold any officer or department of the Town Government accountable through, including but not limited to, compulsory hearings, the issuance of subpoenas for persons and documents, contempt citations, 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 powers to:

Spoiler: Powers of the Speaker

• Preside over the Council of Aventura and enforce parliamentary procedure;
• Appoint or dismiss the Sergeant-at-Arms;
• Act as the final arbiter of all matters of parliamentary procedure and the interpretation of Standing Orders; and
• Unilaterally dissolve the Council of Aventura, unless overridden by a formal simple majority vote by the Council of Aventura.

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

Section IV - Constitutional Amendments
The Council of Aventura may vote to amend this Constitution with a formal four-fifths supermajority vote of votes cast, provided that no fewer than 4 votes are in the affirmative and Mayoral assent has been provided. Mayoral assent shall not be required for a constitutional amendment.

(4) Article VI of the Constitution of Aventura shall be amended as follows:

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 two-thirds supermajority of votes cast, with no fewer than 4 votes in the affirmative.
Officer - any person holding a public office, trust, or employment within the Town of Aventura, whether by election, appointment, contract, or delegation.
Good Behaviour - Conduct consistent with the faithful execution of the duties of an office.
Vacant Office - An office is deemed vacant if its holder:
(a) submits a written resignation;
(b) is removed by lawful process;
(c) fails to meet the constitutional requirements for the office for seven consecutive days; or
(d) Is absent from three consecutive Formal Votes without leave granted by the Speaker
Resident - An individual whose in-game residency is set to Aventura.
Dissolution - The simultaneous termination of the Council of Aventura and the term of all its members. 24 hours after a dissolution, special elections shall be called for all Town Councillors, unless overridden by a formal simple majority vote within the Council of Aventura.
Formal Vote - A vote conducted under the Standing Orders of the Council of Aventura.
Sergeant-at-Arms - The chief law enforcement officer of the Council of Aventura who preserves order within the Council and executes the orders of the Speaker.
Special Election - An election called to fill a vacancy in an elected office outside the General Election cycle, or as a result of a dissolution of the Council.

(5) The following article shall be inserted between Articles IV and V, and the Constitution shall be renumbered to fit this new addition:

Article V - Supremacy Clause​

(1) In accordance with Article IV of this Constitution, Federal Law and the Constitution of the Commonwealth of Redmont are the supreme law of the land and shall prevail over any provision of this Constitution or town law in the event of a conflict.

(2) Subject to subsection (1), this Constitution shall be the supreme law of the Town of Aventura. Any by-law, Mayoral Decree, administrative act, or Standing Order that is inconsistent with this Constitution is, to the extent of the inconsistency, void and of no force or effect.

 

[Imza]

PASSED
4 Ayes: ImzaKRD, Just_Jada, Winterwolf, AnimeInc.

 

[Anime Inspector]

MAYORAL ASSENT This bill has been granted assent and is hereby signed into law.