From nomic-official-owner@teleport.com Fri Jun 16 09:44:37 1995 Return-Path: nomic-official-owner@teleport.com Received: from desiree.teleport.com (desiree.teleport.com [192.108.254.11]) by Shamino.quincy.edu (8.6.9/8.6.9) with ESMTP id JAA19542 for ; Fri, 16 Jun 1995 09:40:10 -0500 Received: (from daemon@localhost) by desiree.teleport.com (8.6.10/8.6.9) id HAA22828 for nomic-official-outgoing; Fri, 16 Jun 1995 07:39:37 -0700 Received: from wing1.wing.rug.nl (wing1.wing.rug.nl [129.125.21.1]) by desiree.teleport.com (8.6.10/8.6.9) with SMTP id HAA22793 for ; Fri, 16 Jun 1995 07:39:26 -0700 Message-Id: <199506161439.HAA22793@desiree.teleport.com> Received: by wing1.wing.rug.nl (1.37.109.8/16.2) id AA21275; Fri, 16 Jun 1995 16:40:42 +0200 From: Andre Engels Subject: OFF: Judgement CFJ774 To: nomic-official@teleport.com Date: Fri, 16 Jun 95 16:40:42 METDST Mailer: Elm [revision: 70.85] Sender: owner-nomic-official@teleport.com Precedence: bulk Reply-To: nomic-discussion@teleport.com Status: RO JUDGEMENT CFJ 774 (Kelly is not the Clerk of the Courts) ====================================================================== Judge: Dave Bowen Judgement: TRUE Eligible: Chuck, Dave Bowen, elJefe, Ian, JonRock, KoJen, Michael, Steve, Troublemaker At Large, Vanyel, Xanadu Caller: Swann Not Eligible: Swann (caller) Andre, Kelly (barred) Blob (1005) Coren, Pascal (1005 & On Hold) Point changes: Dave B. gains 5 points for Speedy Judgement ====================================================================== History: Called by Swann, June 16 1995, 01:54 -0400 Assigned to Dave Bowen, June 16 1995, 09:18 UTC Judged TRUE by Dave Bowen, June 16 1995, 09:31 -0500 ######################################################################## Arguments: Yet another obvious point that needs to be made, to wit, Kelly's message to the Public Forum, Tue, 13 Jun 95 02:37:56 EST5, and I quote: "with Andre's consent, i hereby transfer the Office of Clerk of the Courts to him." The only conditional in this sentence is that Andre consent to the transfer of the Office. I quote Andre's message to the Public Forum: "I hereby publicly confirm my consent." Therefore, from Rule 880/1: "An Officer may resign eir Office at any time either by a message to the Public Forum, or by going On Hold, or as otherwise specified in the Rules. When an Officer resigns eir Office, e ceases to fill that Office." Therefore, when Kelly posted the message to the Public Form, stating eir (implicit) resignation, Kelly ceased to be Clerk of Courts. Any other legal controversy surrounding the End of the Game, or the transition of Speaker, does not apply here. Andre may, or may not, be Clerk-- but the Rules are unambiguous on the point that Kelly is *not* the Clerk. ##################################################################### Reasoning of Judge: Decision: TRUE Reasoning: Kelly posted her resignation as Clerk of the Courts, conditional on Andre's consent, to the Public Forum. Andre posted his consent to the Public Forum. Thus, the requirements for resignation of office, as specified in Rule 880/1, were met and the office of Clerk of the Courts was transferred from Kelly to Andre. Since there has been no succeeding transfer of this office back to Kelly, Kelly is not the Clerk of the Courts at the time this CFJ was submitted. ##################################################################### References: Date: Tue, 13 Jun 95 02:37:56 EST5 From: kelly@poverty.bloomington.in.us (Kelly Martin) Subject: OFF: New CotC To: nomic-official@teleport.com Reply-To: nomic-discussion@teleport.com "Andre" == Andre Engels writes: Andre> Kelly is now Speaker. This announcement is made in accordance Andre> with step 3 of Rule 402/1. Rule 1450/0 requires that i transfer the Clerkship within one week of becoming Speaker. with Andre's consent, i hereby transfer the Office of Clerk of the Courts to him. k. -- kelly martin There are members of any legislative body who can be differentiated from streetlights only because their noses don't light up. -- Rep. Barney Frank (D-MA) Date: Tue, 13 Jun 95 9:56:03 METDST From: csg419@wing.rug.nl (Andre Engels) Subject: BUS: Re: OFF: New CotC To: nomic-business@teleport.com Reply-To: nomic-discussion@teleport.com > > "Andre" == Andre Engels writes: > > Andre> Kelly is now Speaker. This announcement is made in accordance > Andre> with step 3 of Rule 402/1. > > Rule 1450/0 requires that i transfer the Clerkship within one week of > becoming Speaker. with Andre's consent, i hereby transfer the Office > of Clerk of the Courts to him. > > k. > -- > kelly martin > > There are members of any legislative body who can be differentiated from > streetlights only because their noses don't light up. > -- Rep. Barney Frank (D-MA) > > I hereby publicly confirm my consent. Andre ---------------------------------------- Rule 880/1 (Mutable, MI=1) Resignation of Offices An Officer may resign eir Office at any time either by a message to the Public Forum, or by going On Hold, or as otherwise specified in the Rules. When an Officer resigns eir Office, e ceases to fill that Office. If an Officer resigns during the Voting Period for a Proposal containing a Directive to install another player in that Office, then the Player thus proposed, if consenting, will fill the Office. Otherwise, if at the time e resigns e appoints a successor, then the designated successor, if consenting, will fill the Office. If there is no appointed or proposed successor, or if e does not consent to fill the Office, then the Office becomes vacant. No player who is "On Hold" may fill an Office. If an Officer goes On Hold then e automatically resigns all eir Offices. History: ... Amended(1) by Proposal 1582, May 15 1995 ---------------------------------------------------------------------- Andre