Adrian Empire CHANCELLOR S User Manual

The Adrian Empire, Inc.
CHANCELLOR'S MANUAL
ACCEPTED FOR NOVEMBER 2000 IMPERIAL ESATES MEETING
AMENDED MAY 2002
© 2002 The Adrian Empire Inc., all rights reserved.
Anyone is welcome to point out any error or omission that they may find.
Imperial Chancellor Chancellor@adrianempire.org
Page 2 of 24 Chancellor's Manual as adopted November 2000, amended May 2002
TABLE OF CONTENTS
Preface................................................................................................................................................................4
I. Purpose ...........................................................................................................................................................4
A. Philosophy.........................................................................................................................................4
B. Construing Law.................................................................................................................................4
II. Meetings.........................................................................................................................................................6
III. Agendas........................................................................................................................................................6
A. Format and Procedure.......................................................................................................................6
B. Preparation and Distribution...............................................................................................................9
IV. Conducting Meetings: General......................................................................................................................10
A. Rules of Order.................................................................................................................................10
B. Consent Calendar............................................................................................................................10
C. Consideration..................................................................................................................................10
D. Voting.............................................................................................................................................11
E. Abstentions .....................................................................................................................................11
F. Upgrading/Downgrading Proposals ..................................................................................................11
G. Withdrawal of Proposals..................................................................................................................11
H. Typos..............................................................................................................................................11
I. Chancellor's Power to Create Language...........................................................................................11
J. Debate............................................................................................................................................11
V. Parliamentary Procedure...............................................................................................................................12
A. Primary Motions..............................................................................................................................12
B. Secondary Motions .........................................................................................................................12
C. Tertiary Motions..............................................................................................................................14
D. Privileged Motions...........................................................................................................................14
VI. Levels of Law..............................................................................................................................................15
A. Imperial Crown Writs......................................................................................................................15
B. Estates Writs...................................................................................................................................15
C. Case Law and Minutes....................................................................................................................15
D. Authorized Deviation From Law ......................................................................................................15
E. Guidelines Not Rising to the Level of Law........................................................................................15
F. Custom and Tradition......................................................................................................................16
G. Precedent........................................................................................................................................16
H. Policies............................................................................................................................................16
I. Intern al Procedure...........................................................................................................................16
VII. Definitions ..................................................................................................................................................16
A. Majority..........................................................................................................................................16
B. Warrants of Appointment.................................................................................................................16
C. Imperial Ministries ...........................................................................................................................16
D. Imperial Candidates.........................................................................................................................16
E. Imperial Charters.............................................................................................................................16
Chancellor's Manual Page 3 of 24 as adopted November 2000, amended May 2002
F. Banishment......................................................................................................................................17
G. Other Sentences..............................................................................................................................17
H. Approval of Expenses......................................................................................................................17
I. Bylaw Changes................................................................................................................................17
J. Resolutions......................................................................................................................................17
K. Commentary ....................................................................................................................................17
L. Appointment of Members for the Order of the Fleur-di -Lis...............................................................18
M. Approval of Reign ...........................................................................................................................18
N. Sovereignty.....................................................................................................................................18
O. Committees.....................................................................................................................................18
P. Lobbying.........................................................................................................................................18
Q. Parliamentary Immunity....................................................................................................................19
Appendix A: Sample Agenda Cover Letter ........................................................................................................20
Appendix B: Concerning Conduct in an Imperial Estates Meeting........................................................................21
Rules Regarding the Meeting.....................................................................................................................21
Appendix C: Advice for Chancellors..................................................................................................................23
Page 4 of 24 Chancellor's Manual as adopted November 2000, amended May 2002
PREFACE
This manual is for the Imperial Chancellor and the Imperial Estates General only. Chartered subdivisions may use any parliamentary procedure they see fit so long as the fundamental rights of their Estates are conserved. Of course, anyone may take and use ideas from this manual. Its format is a bit unorthodox, being taken from a series of formally unrelated writings. Nevertheless, an Imperial Chancellor should find this to be a useful guide.
This manual is in the process of extensive revision. Please do not hesitate to make suggestions to the Imperial Chancellor. Our thanks to Sir Nikolai Belski for his input on this manual.
Yours in service, Maedb and Karl, Empress and Kaiser
I. PURPOSE
The Empire is vast. At times, as many as one -third (1/3) of all votes cast at a meeting of the Estates may be by proxy. In order to conserve the rights of all Estates to participate in our democratic process, the following rules are used. As used below, the "government" refers to the Imperial Crown and its Ministries. The "Estates" refers to the Imperial Estates General.
A. PHILOSOPHY
It has been pointed out more than once that, by law, it takes a unanimous vote of the Imperial Estate General to permanently banish a member, but it only takes 2/3 to change that law. In theory, if 2/3 of the members present wanted to permanently banish a member, they could vote to suspend notice, vote to change the law, and then vote to waive publication of that law– after which, they could vote to permanently banish the member without unanimity. In theory. In practice, the law of unanimity is a strong statement of policy, which the Estate Holders have ALWAYS respected. We all understand the loophole. We have never tried to exploit it. We have all agreed that we want complete consensus before permanently banishing a member.
Similarly, it has pointed out that the “grandfather clause,” the prohibition on passing a law which affects anyone’s previously -earned titles and honors, is no protection at all because the “grandfather clause” itself can be changed just like any other law. Although this is true, it has never happened. The “grandfather clause” has been in our Bylaws since February 16, 1992, and has never been challenged. It too is a strong statement of our philosophy that we make no laws which affect the previously -earned rights of our members.
B. CONSTRUING LAW
When interpreting any law, one must use common sense. When a law obligates someone to do something, one must read into that law, “as far as is feasible” or “to the extenT practicable.”
For example, the site of a meeting of the Imperial Estates General is to be published at least 60 days in advance of that meeting. What if a host chartered subdivision suddenly backs out? Or what if it is a chartered subdivision’s turn to host a meeting of the Imperial Estates, and they do not make adequate preparations for the meeting? Or has made arrangements which are prohibitively expensive? Under such circumstances, we must all apply the law as best we can, following its intent to the best of our abilities.
Chancellor's Manual Page 5 of 24 as adopted November 2000, amended May 2002
Also, when interpreting law which requires, for example, certain minimum armor standards, one may read in, “or equivalent.” (e.g. 14-gauge steel, or equivalent). The idea is that we want items for a specific purpose. The steel (for example) is not what is important, necessarily, but rather the strength of the protection. Of course, “equivalent” really has to be “equivalent,” which is what marshals (and other officials, depending on the issue at hand) are for.
Page 6 of 24 Chancellor's Manual as adopted November 2000, amended May 2002
II. MEETINGS
The rules are designed, among other things, to allow the Estates who cannot attend (often for reasons of geographical inconvenience) to send their proxies with confidence. Nevertheless, all Estates should be afforded an opportunity to attend.
Each Kingdom should rotate as host for the meeting of the Imperial Estates General. That means that no Kingdom should host a meeting before all others have done so at least once since the last meeting held the Kingdom in question. At the Crown’s discretion (normally exercised through the Chancellor’s office), meetings may be held in other chartered subdivisions, but rule of seniority applies. No chartered subdivision may host a meeting so long as there is a greater chartered subdivision which has not done so at least as many times.
In general, areas with a greater cluster of chartered subdivisions will host more me etings than those areas with lesser clusters. Nevertheless, if the rotation is observed, all such areas should see a meeting with some regularity, if not frequency.
The place of the meeting should be announced through official Imperial channels, including the newsletter, at least 60 days prior to any meeting, unless the meeting is a special meeting (not a regular date set in the Bylaws) in which case the place should be announced as soon as is practicable. If it must be less than 60 days in advance, then it should be as close to 60 days as possible.
Note: Currently, it is the policy of the Government to allow chartered subdivisions to bid for priority with regard to hosting a meeting of the Imperial Estates General. Also, the Government requires that any hosting chartered subdivision provide a reasonable budget and event-schedule.
III. AGENDAS
A. FORMAT AND PROCEDURE
The Agenda is the notice to all Estate Holders regarding what is to be discussed at the meeting. The Agenda should be in enumerated outline for mat for easy reference. The format of the Agenda should be as follows:
1. COVER
This should include the date, time, and place of the meeting, as well as scheduled breaks and available accomodations. Directions should be given to the location.
This is the page on which the Chancellor should advise the Estates of any special rules which might apply to the meeting.
Also, the Chancellor should list what is being included in the Agenda packet, including all attachments and exhibits. A sample cover sheet (from November 1997) is included Appendix A.
2. ROLL CALL
Estates and proxies in attendance are counted. If a quorum is established, the meeting may commence.
Chancellor's Manual Page 7 of 24 as adopted November 2000, amended May 2002
3. APPROVAL OF MINUTES
The minutes of a given meeting should be officially published in accord with Imperial policy soon after the meeting is concluded. An example of Imperial Policy regarding publication has been to submit copies of minutes to all Crowns (for further distribution), either electronically or by hard copy, and by posting the minutes on the official website. Estate holders are encouraged to submit corrections to the minutes by the submission deadline for the next agenda. Any corrections submitted by deadline should be attached to the agenda along with the minutes of the previous meeting. Addit ional corrections, of course, may be submitted at any time. Any corrections submitted after deadline shall appear on the agenda for the following meeting. At a given meeting, the minutes of the previous meeting, as well as any corrections, shall be presented as corrected for approval by majority vote. Corrections to previous minutes shall become part of the minutes of the current meeting.
4. BANKING AND POST OFFICE RESOLUTIONS
This would be the appropriate time to adopt any resolutions regarding doing busin ess at a bank or opening a post office box. Any business-related resolutions could be dealt with at this point, so long as they are outlined in the agenda.
5. GOVERNMENT REPORTS
This is the section in which the various Ministries, the Imperial Crown, and the Churches make their reports. Within these reports, proposals may be made, including manuals (which may be attached as appendices). These may be acted upon immediately as if they were old business. (It is often wise to present manuals in sections rather than having them live or die as a whole.) The agenda should reflect how a given proposal is being made.
All reports should be made in writing so that proxies may benefit from them. Reports should be submitted to the Chancery by the same deadline as all other agenda submissions.
Non-budgeted expenditure items shall be presented for approval during the Steward's report. In the section for the Steward's report, the Agenda shall clearly direct the Estates to official government sources where any late non-budgeted expenditures (those which were made after the submission deadline) would be published so that the Estates will be able to vote on their approval even though they do not appear in the Agenda itself.
6. TRUE EMERGENCY ITEMS
By a thow -thrids (2/3) vote, the Estates may take up an item without prior notice, and without it even being on the Agenda.
Such an item shall be treated as an action at a meeting at which notice was waived (Bylaws Article
VI.G.). If the item passes, it shall appear as Old Business at the next meeting for reconsideration. If
the item fails, no further action shall be taken. This is also the section during which the Estates would consider any late non-budgeted expenditures
which were made prior to the meeting but which did not get published in official sources (due to being made at the last minute). Any expenditures which are approved must still be reconsidered at the next meeting as part of the Steward's written report. If an expenditure is disapproved, no further action shall be take n with regard to that expenditure.
Page 8 of 24 Chancellor's Manual as adopted November 2000, amended May 2002
7. WRITS
Imperial Crown Writs are presented for approval. Those Writs which were issued timely prior to the agenda deadline should be set forth in full (with manuals and lengthy items being attached as appendices). Since all published Writs must be submitted for approval (unpublished Writs have no effect), the Agenda shall clearly state in this section that all Estate holders should check official government publications for any late Writs issued prior to the meeting but after the submission deadline, so that they may vote on whether to approve them.
The Agenda should give specific information reasonably calculated to direct the reader to where recently-issued Writs might be found. Late Writs should be assigned titles for easy identification such that they be clearly designated in proxies.
All Writs shall be submitted for approval as continuing Imperial Crown Writs unless there is notice to the contrary.
8. CHARTERS
All charters for chartered subdivisions, domains, etc., shall be submitted for approval in the same manner as Writs (see above).
9. COMMITTEE REPORTS
These are reports by any committees formed by the Estates or the Imperial Crown. Committee reports shall be dealt with in exactly the same fashion as government reports (above).
10. OLD BUSINESS
Old business is business which was New Business at a previous meeting or which is related to former New Business (i.e. alternate proposals on the same issue). Old Business also includes items for reconsideration which had be en acted upon without notice at the previous meeting.
Old Business remains Old Business and will appear on Agendas meeting after meeting until acted upon. "Acted upon" means that the item of business has passed or failed. If there are alternate proposals on the same issue, they remain Old Business until they either pass or fail.
The only exception is where the Estates specifically set an item which has been acted upon for review at a subsequent meeting. In that case the matter remains Old Business until the Estates finally dispose of it.
All items of New Business, even if considered early (see below) shall appear as Old Business on the next Agenda. Reconsideration items have priority and should be clearly designated.
11. NEW BUSINESS
New Business refers to items which were not in the last Agenda and which are not identified as items 1-9 above.
They are placed on the Agenda by being sponsored by two members of the Imperial Estates General (Article VI.F.d.i.). Please do not be lenient in this regard. The agenda can be flooded with items if co­sponsorship is not strictly enforced.
Items of New Business are not to be considered at the meeting at which they appear, but rather are for the body's review. This allows time for alternate proposals to be made.
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