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CONGRESS OF THE
COMMONWEALTH OF REDMONT
A BILL TO
IMPROVE THE FUNCTIONING OF THE BAR COUNCIL
The people of the Commonwealth of Redmont, through their elected Representatives in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law:
1. Short Title and Enactment
(1) This Act may be cited as the ‘Compact BAR Council Act’.
(2) This Act shall be enacted immediately upon its signage.
(3) This Act has been authored by Riksvalgdirektør Venne Montclair-Contour.
(4) This Act has been sponsored by Deputy Speaker Rhein Holmes.
(5) This Act has been co-sponsored by Speaker EATB.
(6) This Act amends the following acts:
(a) Bar Association of Redmont Act;
(b) Redmont Electoral Act.
2. Reasons and Intent
(1) To improve the functioning of the BAR Council by making it more compact, adding an ex officio board member, and by reducing the number of incompatible offices.
PART II — AMENDMENTS
3. Amendments to the Bar Association of Redmont Act
(1) Section 1 of Part IV of the Bar Association of Redmont Act is amended as follows:
"1. Composition
(1) The governing body of the BAR shall be is a Council of five three individuals, each of equal standing when assembled for matters of business. The Attorney General is a member of the Council by virtue of their office. The remaining members are elected by the members of the BAR.
(2) If there is no serving (Acting) Attorney General, the longest consecutive serving Solicitor General assumes the position of the Attorney General on the Council until such time as an (Acting) Attorney General is appointed.
(2)(3) The Council shall elect elects from among its members a Chairperson, who shall:
(a) Act as first among equals and spokesperson for the BAR;
(b) Represent the BAR in public communications;
(c) Cast the deciding vote in the event of a tied Council vote; and
(d) Hold no additional powers beyond those held by other Councillors, as stated in Section 2.
(3)(4) The Chairperson may be removed from the role of Chairperson, without losing their Council seat, by a majority unanimous vote of the remaining Councillors in the affirmative, excepting any on leave of absence as defined in this act."
(2) Section 2(3) of Part IV of the Bar Association of Redmont Act is amended as follows:
"(3) Quorum. A minimum of three two Councillors must be present and voting for any decision of the Council to be valid.
[...]"
(3) Section 3 of Part IV of the Bar Association of Redmont Act is amended as follows:
"3. Chairperson Election
(1) Following the conclusion of each Council election, the newly elected Councillors elect a Chairperson from among themselves by simple majority vote, starting within 24 hours of the Council being constituted.
(2) Councillors are allowed 24 hours to indicate whether they nominate themselves for the position of Chairperson. The Attorney General is not eligible to be nominated for the position of Chairperson. This The nomination period ends early upon all eligible Councillors indicating whether or not they nominate themselves.
(3) Voting lasts for 48 hours, or until all Councillors have voted.
(4) Where no candidate secures a simple majority in the first round, the candidate with the fewest votes shall be eliminated and a further vote held, repeating until a candidate secures a simple majority.
(5) Where a tie cannot be resolved by further voting, the Councillor who received the highest number of votes in the Council election from which they elected to the Council is appointed Chairperson.
(6) The Council may, by a simple majority vote, adopt alternative procedures for the election of the Chairperson, provided that:
(a) The procedure is published in the BAR forum before it takes effect; and
(b) The procedure ensures the Chairperson is elected by the Council, from among its five respective members, in a fair and democratic manner.
(4) If no Councillor nominates themselves or no Chairperson is elected, the Attorney General acts as Chairperson until such time as a Chairperson is elected."
(4) Section 4 of Part IV of the Bar Association of Redmont Act is amended as follows:
"4. Removal of Councillors
(1) There are a total of three ways, besides resignation, to remove a BAR Councilor. A Councilor, not being the Attorney General, can be removed by resignation or by:
[...]
(ii) A vote will not be is not required for an automatic removal, and should be removed by the Chairperson or another role with the authority to remove them."
4. Amendments to the Redmont Electoral Act
(1) Section 19(1) of the Redmont Electoral Act is amended as follows:
"(1) Notwithstanding the general requirements under this Act, a citizen may stand as a candidate in the BAR Council election only if the citizen meets the following requirements—
(a) the citizen holds at least the qualification of Barrister;
(b) the citizen is a member of the BAR in good standing pursuant to the Bar Association of Redmont Act; and
(c) the citizen is not the Attorney General, whom is a member of the BAR Council by virtue of their office; and
(c)(d) the citizen does not hold any of the following incompatible offices:
(i) President or Vice President of Redmont;
(ii) Attorney General;
(iii)(ii) Member of Congress; or
(iv)(iii) Judicial Officer Justice or Chief Justice on the Supreme Court."
PART III — TRANSITIONAL ARRANGEMENTS
5. Ongoing BAR Council term
(1) This Act does not affect the terms of the sitting BAR Councillors at the moment it is enacted.
(2) The Attorney General becomes a member of the BAR Council at the moment the membership of the BAR Council drops below a total of five members during the term during which this Act is enacted, or, if that does not occur, at the moment the next term commences.
(3) For the remainder of the term during which this Act is enacted, no countbacks for the members of the BAR Council take place.
(4) For the remainder of the term during which this Act is enacted, a special election is only held for the members of the BAR Council if at any point the membership of the BAR Council drops below a total of three members, inclusive of the Attorney General.
