From - Wed Dec 20 18:46:14 2000 Return-Path: Received: from gecko.serc.rmit.edu.au ([131.170.42.16]) by farley.mail.mindspring.net (Mindspring Mail Service) with ESMTP id t42e6k.1aph.37kbi1c for ; Wed, 20 Dec 2000 17:55:15 -0500 (EST) Received: (from majordomo@localhost) by gecko.serc.rmit.edu.au (8.8.5/8.8.5) id WAA04803 for agora-official-list; Wed, 20 Dec 2000 22:50:13 GMT Received: from fw.serc.rmit.edu.au (fw-in.serc.rmit.edu.au [131.170.42.1]) by gecko.serc.rmit.edu.au (8.8.5/8.8.5) with ESMTP id WAA04800 for ; Wed, 20 Dec 2000 22:50:11 GMT From: Steve.Gardner@dhs.vic.gov.au Received: (from mail@localhost) by fw.serc.rmit.edu.au (8.9.3/8.9.1) id JAA27918 for ; Thu, 21 Dec 2000 09:50:52 +1100 (EST) Received: from mailg.dhs.vic.gov.au(203.61.254.21) by fw.serc.rmit.edu.au via smap (V2.1) id xma027916; Thu, 21 Dec 00 09:50:32 +1100 Received: from mailg.dhs.vic.gov.au by gateway.dhs.vic.gov.au via smtpd (for fw.serc.rmit.edu.au [131.170.13.42]) with SMTP; 20 Dec 2000 22:44:48 UT Received: from egateway.dhs.vic.gov.au (n132.csv.au [151.178.246.131]) by mailg.dhs.vic.gov.au (8.11.0/8.11.0) with SMTP id eBKMiig10198 for ; Thu, 21 Dec 2000 09:44:44 +1100 (EDT) Received: from n132.csv.au by egateway.dhs.vic.gov.au via smtpd (for mailg.dhs.vic.gov.au [203.61.254.21]) with SMTP; 20 Dec 2000 22:44:44 UT Received: from n212.csv.au (n212.csv.au) by n132.csv.au (Content Technologies SMTPRS 4.1.5) with ESMTP id for ; Thu, 21 Dec 2000 09:34:56 +1100 Subject: OFF: CFJ 1256 Judged TRUE by Wes To: agora-official@gecko.serc.rmit.edu.au X-Mailer: Lotus Notes Release 5.0.2c (Intl) 2 February 2000 Message-ID: Date: Thu, 21 Dec 2000 09:34:54 +1000 X-MIMETrack: Serialize by Router on n212/Servers/DHS(Release 5.0.2c (Intl)|2 February 2000) at 21/12/2000 09:34:56 MIME-Version: 1.0 Content-type: text/plain; charset=iso-8859-1 Content-Transfer-Encoding: 8bit X-MIME-Autoconverted: from quoted-printable to 8bit by gecko.serc.rmit.edu.au id WAA04801 Sender: owner-agora-official@gecko.serc.rmit.edu.au Precedence: bulk Reply-To: agora-discussion@gecko.serc.rmit.edu.au X-Mozilla-Status: 8001 X-Mozilla-Status2: 00000000 X-UIDL: t42e6k.1aph.37kbi1c H. Payroll Clerk lee, Please pay out 35 Stems to Wes as a Judicial Salary. ---------------------------------------------------------------------- CFJ 1256 Peekee submitted at least one CFJ to the Clerk of the Courts during November 2000; the Clerk of the Courts has not assigned a Judge to any such CFJ; and Kelly is not the Clerk of the Courts. ---------------------------------------------------------------------- Called by: Murphy Judge: Wes Judgement: TRUE ---------------------------------------------------------------------- Judge selection: Eligible: Blob, Chuck, Elysion, lee, pTang, Steve, Wes Not eligible: Caller: Murphy Barred: Kelly Had eir turn: t, Peekee, Crito Already served: Defaulted: By request: harvel, Michael, Palnatoke, t, Taral, On Hold: Ørjan, Michael Zombie: Anthony, Harlequin, Novalis, Schneidster ---------------------------------------------------------------------- History: Called by Murphy: Mon, 18 Dec 2000 21:03 GMT (filed with Justiciar as per R1831) Assigned to Wes: Mon, 18 Dec 2000 23:20 GMT Judged TRUE by Wes: Thu, 20 Dec 2000 05:01 GMT Judgement published: as of this message ---------------------------------------------------------------------- Caller's arguments: The first and second clauses are simple questions of fact. The third clause is the intent of the question. Andre called for Kelly's Impeachment on 11/29, deregistered on 12/6, announced the success of the Referendum on 12/10, and Speaker Murphy confirmed eir announcement on 12/13. Was the position of Vote Collector transferred from Andre to Murphy upon Andre's deregistration? Are votes sent to Andre during the Voting Period, but not transferred to Murphy till after the Voting Period, still valid? Is Murphy's announcement effective as worded? ---------------------------------------------------------------------- Judge's Arguments: "Peekee submitted at least one CFJ to the Clerk of the Courts during November 2000" This is trivially true, as evidenced by the public email by Peekee. "the Clerk of the Courts has not assigned a Judge to any such CFJ" As of the time this Judgement was called for, this was also true. To the best of our knowledge, no one even claimed to have assigned such a CFJ. "and Kelly is not the Clerk of the Courts." This is the touchy one. Either the Referendum to Impeach Kelly had the result of removing em from Office, or it did not, in which case Kelly was still Clerk of the Courts as of the time this CFJ was called. The Referendum was called successfully. The Voting Period came and went without incident. After the Voting Period ended, but before the results were announced, the Vote Collector Deregistered. It is the effect of this Deregistration which is truly in doubt. Was Andre still the Vote Collector after Deregistration? If not, did the Speaker take the position of Vote Collector? Does it matter? Rule 1755 says "When a player becomes deregistered or a Zombie, e ceases to be a candidate, officer, judge, or in general to occupy any role or position to which a Rule assigns any duties or powers." No matter how many angles we look at the situation, the Vote Collector is definitely a role or position, and the Announcement of the results of the Referendum is definitely either a duty or a power (both, we suspect). Therefore, Andre ceased to be the Vote Collector at the time e became deregistered. Furthermore, while Offices devolve to the Speaker if they are unfilled, the Vote Collector is not an Office. Rule 1486 states "Vote Collector is the Player who called for the Impeachment Referendum." Not only is there no means of changing the identity of the Vote Collector, but the verb "is" implies a continued state of being. We cannot find any basis in the Rules for the Speaker to become the Vote Collector upon Andre's Deregistration. However, these are merely tertiary questions, tangential to the primary focus of the question. The real question is whether the Referendum was successful in removing Kelly from Office. Rather than address the minor details and hope that things work out, let us work from the end result and see what is truly required. Then determine if the requirements have been met. Rule 1434, describing the defaults for Referendum, states "the full effects of a Referendum... come into force as of the moment the results are announced to the Public Forum." There is no requirement here that only the Vote Collector may announce the results. Going down the list of restrictions, we find that all Votes were received by the Vote Collector during the Voting Period as e did not cease to be the Vote Collector until after the Voting Period had ended. We find that Quorum was met and the Adoption Ratio was achieved. In essence, all the requirements for the Referendum to pass were met, in spite of the fact that there was no Vote Collector at the time the results were announced. It is therefore our opinion that the Referendum to Impeach Kelly as Clerk of the Courts was successful. We therefore Judge this Statement to be TRUE. ---------------------------------------------------------------------- Evidence, part 1 of 7: Peekee makes a CFJ (excerpt) http://www.escribe.com/games/agora-business/m1818.html Subj: BUS: CFJ From: Alan Riddell Date: Tue, 7 Nov 2000 09:55:28 I hereby make a CFJ on the following statement. Peekee has a Will ---------------------------------------------------------------------- Evidence, part 2 of 7: Andre calls for Impeachment (excerpt) http://www.escribe.com/games/agora-official/m783.html Subj: OFF: Impeachment Procedure From: Andre Engels Date: Wed, 29 Nov 2000 04:42:34 I therefore hereby call for a Referendum to impeach Kelly as Clerk of the Courts. Votes on this Referendum can be sent to me during a one week period starting at the time of this message. ---------------------------------------------------------------------- Evidence, part 3 of 7: Andre deregisters (excerpt) http://www.escribe.com/games/agora-business/m1924.html Subj: BUS: Goodbye From: Andre Engels Date: Wed, 6 Dec 2000 10:05:11 I hereby deregister. ---------------------------------------------------------------------- Evidence, part 4 of 7: Andre announces success of Referendum (excerpt) http://www.escribe.com/games/agora-business/m1931.html Subj: BUS: Referendum Results From: Andre Engels (view other messages by this author) Date: Sun, 10 Dec 2000 06:58:15 Having seen no reasonable arguments why this would be invalid, I hereby announce that the Referendum regarding Impeachment of Kelly as Clerk of the Courts has passed. It had 10 votes in favor and 1 vote against. Thus, the Quorum (10 Votes) and the Adoption Ratio (2) necessary for the Referendum to pass have both been reached. Thus, Kelly ceases to be the Electee to the Office of Clerk of the Courts, and the Office is now held by the Speaker. Specific voters & votes: Andre FOR Anthony FOR Blob FOR Crito FOR Elysion FOR harvel AGAINST Oerjan FOR pTang FOR Steve FOR Taral FOR Wes FOR ---------------------------------------------------------------------- Evidence, part 5 of 7: Speaker confirms Andre's announcement (excerpt) http://www.escribe.com/games/agora-business/m1949.html Subj: BUS: Resolving the CotC From: Ed Murphy Date: Wed, 13 Dec 2000 00:43:51 I hereby announce that the results of the Referendum to Impeach Kelly as Clerk of the Courts are as Andre claimed. However, since I believe it's too late now for that to work, I Call for Elections, naming the Office of Clerk of the Courts. Okay, /now/ Nominations are open. ---------------------------------------------------------------------- Evidence, part 6 of 7: Rule 1486/6 (Power=1) Procedure to Impeach an Officer Any Active Player is permitted to call a Referendum to Impeach an Officer at any time, by publicly requesting such. The Officer is Impeached when such a Referendum is passed. The Referendum must list both the Office and the current Electee to that Office by name. If upon passage of the Referendum the named Player is the current Electee of that Office, then the Player is immediately removed from Office. For this Referendum the default procedure for referenda is modified as follows: Vote Collector is the Player who called for the Impeachment Referendum. Voters do not include the Officer under consideration for Impeachment. Adoption Ratio must be greater than or equal to 2 for the Referendum to pass. ---------------------------------------------------------------------- Evidence, part 7 of 7: Rule 1434/6 (Power=1) (excerpts) Default Procedure for Referendum Voting * Vote Collector: The Vote Collector is responsible for collecting and tallying the Votes and announcing the result. Unless otherwise specified, the Speaker shall be the Vote Collector. * 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. ----------------------------------------------------------------------