Act of Council Delegation of Powers Act

[Imza]

A
BILL
To
Allow the Delegation of Powers and to Amend the Aventura Legislative Motions Standard Act​

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 'Delegation of Powers Act.'
(2) This Act shall be enacted immediately upon its signage.
(3) This Act has been authored by: Councillor RealImza.
(4) This Act has been co-sponsored by: Mayor AnimeInc

2 - Reasons
(1) If a Councillor is on a leave of absence, their Office becomes inactive and dead.
(2) This act aims to allow Councillors to delegate their powers to an individual to carry them out in such situations.

3 - Voluntary Delegation
(1) If a Councillor believes they can no longer sufficiently exercise their powers as the Head of an Office, they may voluntarily delegate such powers.
(a) Such a delegation must publicly be announced within the “-announcements” or “-press-releases” channels within the Aventura Discord server.
(2) They may delegate their powers as the Head of an Office to any individual who meets the candidate requirements for a council position within Article III, Section (b) of the Constitution of Aventura.
(a) If the individual to whom the powers have been delegated no longer meets that requirement, all delegated powers shall be returned to the Councillor who delegated those powers in the first place.
(b) The delegation of powers to an individual shall not constitute a vacancy.
(c) A Councillor may only delegate their powers to one individual.
(3) The individual to whom the powers have been delegated shall be known as the Acting Councillor.
(4) The Acting Councillor shall have all the powers of the Councillor who delegated the powers to them.
(a) This shall include, but is not limited to:
(i) The power to hire or fire employees.
(ii) The power to create policies.
(iii) The power to administer the Office as they see fit.
(b) The Acting Councillor shall be subject to all restrictions set out for elected Councillors within the Constitution and other by-laws.
(c) The Acting Councillor shall not be a member of the council, and shall not have the power to vote within it.
(5) The Councillor who delegated such powers may take them back whenever they see fit.
(a) When that occurs, the Acting Councillor shall lose their position and all powers delegated to them shall be returned to the Councillor who delegated such powers originally.
(6) If the Councillor who delegated their powers to an Acting Councillor resigns, or is removed by the town council or the Department of State, the Acting Councillor shall no longer hold their position or their delegated powers.
(7) The Mayor, in accordance with constitutional power to override decisions made by Councillors within Article I, Section (a) of the Constitution of Aventura, shall have the ability to override an Acting Councillor appointment.
(a) This authority shall not preclude the town council’s ability to revoke such delegation through a Motion to Override Delegation

4 - Amendments
(1) The colour red shall mean the removal of the colored text.
(2) The colour green shall mean the addition of the colored text.

(3) The Aventura Legislative Motions Standard Act shall be amended as follows:
“
3 - Motion Types
(5) Motion to Override Delegation
(a) A member of the council may propose a motion to override the delegation of powers by a Councillor to an Acting Councillor as defined in the Delegation of Powers Act. If passed, the Acting Councillor shall be removed from their position, and all delegated powers shall be returned to the Councillor who originally delegated such powers.
(b) To pass, the Concurrence of a simple majority of all sitting council members, excluding those with a conflict of interest, is required.
“

5 - Severability Clause
(1) If one part of this law is found to be unenforceable or unconstitutional, only the offending part shall be struck, and the remaining parts shall remain in effect.

 

[Imza]

PASSED.