====================================================================== CFJ 1132 Chuck has violated Rule 1434 (Default Procedure for Referendum Voting) by failing to perform his duties as Vote Collector. ====================================================================== Called by: Steve Judge: Peekee Judgement: TRUE Judge selection: Eligible: Peekee, Vlad, Kolja A., elJefe, Michael, Morendil, Elysion, Crito, harvel, David Not eligible: Caller: Steve Barred: Chuck Had their turn: Oerjan, Blob, Murphy Already served: - Defaulted: - By request: - On Hold: - ====================================================================== History: Called by Steve: Wed, 12 May 1999 20:01:04 +1000 Assigned to Peekee: Tue, 18 May 1999 06:13:26 +0200 Judged TRUE by Peekee: Tue, 18 May 1999 01:30:11 PDT Judgement published: as of this message ===================================================================== Caller's Arguments: On Wednesday, 21 April 1999, Chuck sent a message to the Public Forum, the relevant portions of which read: Message-Id: 199904211309.IAA0086-@dfw.nationwide.net Subject: BUS: An Object Lesson: Let the Proceedings Begin To: agora-busines-@gecko.serc.rmit.edu.au (Agora Business) Date: Wed, 21 Apr 1999 08:09:36 -0500 (CDT) From: "Charles E. Carroll" I therefore call a Referendum to Impeach Steve as COTC. As per Rules 1434 and 1486, votes must be sent to me within one week of this message. Once such a Referendum has passed, we can begin to resolve these issues fairly in the courts. I vote FOR this Referendum. As can be seen, Chuck correctly identified himself as the Vote Collector for this Referendum as per Rules 1434 and 1486. R1434 states in part: * Start of Voting: The Voting Period begins at the time the first correct and legal announcement that a Referendum is begun, as defined in other Rules, is sent to the Public Forum, together with the identity of the Vote Collector. * Duration of Voting: The Voting Period lasts for one Week. All Votes received by the Vote Collector outside of the Voting Period have no effect. * Secrecy After Voting: Unless otherwise specified, the Vote Collector shall post to the Public Forum, after the Voting Period is over, the number of Votes of each kind as well as the name and Vote of each Entity which cast a Vote. * Nonperformance by Vote Collector: The Vote Collector must perform eir required duties, but if the result of a Referendum is not announced within one Week following the end of the Voting Period, it automatically fails. The Voting Period for Chuck's Referendum concluded on April 28, but in the two weeks since then, Chuck has made no announcements of any kind concerning what votes were cast by which Players. Now, it is noteworthy that although R1434 requires the Vote Collector to publish this information, it does not say explicitly by when this must be done. However, in light of the last of the quoted clauses, I think it would be reasonable to conclude that a Vote Collector who does not publish the result of a Referendum within one week of the conclusion of the Voting Period has failed to perform eir required duties, and has violated R1434. Motion: I hereby file a Motion with the Judge of this CFJ, requesting that e issue a Judicial Order penalizing Chuck 1 Blot for violating R1434. ===================================================================== Judges's Arguments: The facts that Chuck was the Vote collector, and the referendum had indeed begun are not in doubt. However, as the caller says the rule does not state explicitly when the Vote collector has to make any post to the Public Forum. This is clearly a flaw in the rule that needs to be corrected, but that is not the question here. It is also obvious that Chuck has not yet performed his duties as Vote Collector. In my opinion he has had plenty of time to perform those duties. Also after he should have reported the results of the Referendum, he has repeatedly made posts to the Public Forum. I believe that it is in the best interests of the game that Vote Collectors should have to post such results in a reasonable time, and so I find that Chuck failed to perform his duties as Vote Collector for the given referendum. "Motion: I hereby file a Motion with the Judge of this CFJ, requesting that e issue a Judicial Order penalizing Chuck 1 Blot for violating R1434." This Motion is denied. In accordance with Rule 1509, I hereby execute an Order to Compel. I hereby order Chuck to complete his all of his duties as Vote collector for the given Referendum. He must perform all of these actions with in one week. Note: I believe that a Vote Collector is a "official position" of responsibility as described in Rule 1509. If Chuck fails to comply he will be removed from that position, in such a case I believe another CFJ would have to be made to decide how the result of the Referendum would be decided. ====================================================================== Evidence attached by the Caller: ======================================================================