Public Investigation - People vs. Shaitan

Danke

Judge Advocate
Joined
May 8, 2002
Messages
367
Location
Providence, RI & Bavaria, Fanatika
This is the official thread for the Public Investigation of recent activities of President Shaitan and their legality under our laws.

The first two posts following this one are resevered for Shaitan and the Public Defender. There should be no public posts to this thread until the defendent and the public defender have had a chance to respond or until 24 hours from the initiation of this thread has passed. This means you. I'm serious.

Here is a summary of the charges brought by

Originally posted by Veera Anlai
I am posting in this thread today because I would like to officially open a Private Investigation against our current president Shaitan.

I accuse him of violating the following articles, laws, and standards...

Preamble to our Constitution
"...that government itself is a construct of and servant to the people, that rules, regulations, and laws should be established to facilitate the active participation of the people and to make possible the dreams and desires of the Fanatiks."

By scheduling Turn Chats at 4 AM in the morning EST, our President is clearly not 'facilitating the active participation of the people,' and indeed, due to the lack of citizens at these chats, he is using this to impress his will over the people without their opinions being heard, or with only the opinions of a few.
This has occurred at all turn chats scheduled since his election.

COL.C.3.A
"A quorum (of a Council Vote) requires the attendance of 2/3 of the Council. "

In a recent turn chat, Shaitan declared a Spot Council Vote official when the vote count was officially 0-0. He cast the deciding vote. This is clearly against COL.C.3.A of our laws.
For further clarification, a Spot Council Vote is clearly considered an official Council Vote as the clause COL.C.3.G is clearly placed under the heading of "Council Votes."
In addition, a quorum is defined as "The number of participants required to ensure that a substantial portion of the decision makers are represented." A substantial portion of the decision makers were not represented in this decision, further establishing the fact that this was not a valid poll because it did not meet the participation requirements to be considered one. (See definition of 'valid' in our Three Books)
This incident occurred in our last Turn Chat on Wednesday, November 13. (490 B.C. TC)

COL.C.1.F
"Organizes decisions on what to do with Great Leaders"

Organize, as defined in our Three Books... "Organize – In the context of a leader’s duties, this includes suggesting a plan, discussing it and passing instructions on to the Designated Player."
This would include polling, or at *least* discussing with the citizens, what to do with the Great Leader. Shaitan did neither.
This incident occurred in our November 4th Turn Chat (825 B.C. TC)

CoS.I.1
"The President will post a fixed schedule of game times. "
CoS.I.1.C
"This schedule may be updated each Sunday for the following week’s games. "

President Shaitan has not posted a fixed weekly schedule of game times (Turn Chats.)
---
Unfortunately, there are no ethics laws in our Three Books, nor is there anything requiring us to behave in a democratic manner. There are many other, smaller events our President has committed that, although not against our laws, are definitely unethical and against the spirit of our Democratic Government. Not least among these is the scheduling of our Turn Chats at ungodly hours in which very few people can attend. With six players or fewers, any spot votes that are made will *certainly* not be representative of the wishes of Fanatika, and at best, will be unreliable.
Council votes, with *no* council members president, would be even less reliable.
Our president should not be making decisions that are meant for our Citizens or Council to make. Despite his belief that he knows more than the people, and that his actions may be for the best, that is against our very principles as a Democracy. It is not for him to say what is right, and what is wrong. That's the first step to a dictatorship. It is for this that I'm calling a private investigation, and not truly for the minor laws he couldn't include in a loophole.

Here is the Judge Advocate's interpretation of the vailidity of the charges and definition of pursuit of these charges in this PI

Charge 1: Violating the Preamble of the Constitution through scheduling turn/chats at times inconvenient to others.
Finding: This charge has no merit. Citizens come from 16 countries in 10 time zones, and no bloc of citizens can claim preferential treatment. This charge is declined.

Charge 2: Vailidity of Spot Council Votes
Finding: Veela brings up a good point on whether Spot Council votes are Council Votes under our laws: this charge stands.

Charge 3: Failure to organize use of great leader, as defined in the CoL
Finding: This is specifically addressed in the CoL: this charge stands.

Charge 4: Failure to post timely turn chat schedules.
Finding: This is specifically addressed in the CoS: this charge stands.

I have notified Shaitan of these charges.
 
Charge #1

Dismissed.

Charge #2
COL.C.3.A
"A quorum (of a Council Vote) requires the attendance of 2/3 of the Council. "

In a recent turn chat, Shaitan declared a Spot Council Vote official when the vote count was officially 0-0. He cast the deciding vote. This is clearly against COL.C.3.A of our laws.
For further clarification, a Spot Council Vote is clearly considered an official Council Vote as the clause COL.C.3.G is clearly placed under the heading of "Council Votes."
In addition, a quorum is defined as "The number of participants required to ensure that a substantial portion of the decision makers are represented." A substantial portion of the decision makers were not represented in this decision, further establishing the fact that this was not a valid poll because it did not meet the participation requirements to be considered one. (See definition of 'valid' in our Three Books)
This incident occurred in our last Turn Chat on Wednesday, November 13. (490 B.C. TC)


RESPONSE:
This situation has actually occurred in virtually every chat as we have never held to a quorum for Spot Votes during a chat. The lack of a quorum exclusion in the printed rules was an omission of accident that has simply not been noticed until now. The intent of the missing exclusion has been observed since the implementation of Spot Votes in DG1. A brief look through any chat log will show evidence of a lack of 4 Councilors for these votes by almost every DP who has held a chat. I would ask that evidence be presented that a quorum for Spot Votes has been generally required in the past.

The following quotes support my position. They are from the recent discussion on the override vote in question. They very clearly show that my actions were viewed as legal and there was absolutely no expectation of a quorum for a Spot Vote.LINK
Originally posted by Chieftess (Ex-President):
"Why back in my day..." atleast I had at least 1 council member to vote on an override.
Originally posted by disorganizer (Attended chat in question):
Anyway according to our rules that one is valid...
Originally posted by Chieftess (Ex-President):
I think there should be atleast 1/3 of the council department present. (that is, an advisor, deputy or chat rep present for each department) That would be atleast 2 out of 6 present. (Or, we could do 1/2). 3 out of 6.
Originally posted by Padma (Culture Leader):
Had I been at the chat, I would have voted to go the route Shaitan did.
Originally posted by Danke (Judge Advocate):
The course Shaitan followed, though amusing, was correct. He can't ignore the need for a spot vote, but there is nothing to say a spot vote with no council members present isn't vaild. His vote still breaks the tie, even a 0-0 tie.
Originally posted by chiefpaco (Former Citizen Advocate, dg1):
While I agree with the repsonders that a 0-0 is a valid case for an override, I am also confident that our DP will act with the best intentions.
Originally posted by donsig (Ex-Judge Advocate):
If it's a 0-0 tie the president breaks the tie. Sounds perfectly legal to me.
Originally posted by Bill_in_PDX (Chief Justice):
I fully agree with the well reasoned opinion provided by the Judge Advocate (welcome back Danke!)
Originally posted by Falcon02 (Military Leader):
I've really got no problems, Shaitan had a choice to make, and I agree with it
Originally posted by Strider (Science Leader):
while what Shaitan did was valid. It was not right.
Originally posted by eyrei (Domestic Leader):
The way I see it, the DP is the patch for holes in the fabric of our government. The DP can make minor adjustments to correct any mistakes that may have occurred while a decision went through our bureaucracy. If a president is not willing to do this, they have no business being president. If we continue threatening our DPs with PIs everytime they make a decision, we will soon have noone willing to do the job and/or we will still be in the middle ages come 2004 (RL).
Originally posted by Strider (Science Leader):
Shaitan.... We have no problem with you decision. You're decision was in the best interest of Fanatika.
Originally posted by Octavian X (Vice President):
I will say that I agree - Shaitan's action was legal.

Charge #3

COL.C.1.F
"Organizes decisions on what to do with Great Leaders"

Organize, as defined in our Three Books... "Organize – In the context of a leader’s duties, this includes suggesting a plan, discussing it and passing instructions on to the Designated Player."
This would include polling, or at *least* discussing with the citizens, what to do with the Great Leader. Shaitan did neither.
This incident occurred in our November 4th Turn Chat (825 B.C. TC)


RESPONSE:
The decision on what to do with the Great Leader was a problem I inherited from the first 2 terms. I DID start a discussion as soon as I took office. LINK. There was low participation in the discussion thread (9 citizens posted in 48 hours). It is the duty of a Leader to make decisions in the event of a lack of participation from the citizens (Code of Laws section C-2-d-4, Leader responsibilities: Formulate departmental policies, plans and agendas of their own in the absence of citizen feedback (forum outage, low participation, etc). From that discussion thread, the Proposal for Strategy of Early Agression thread as well as other comments and discussion with citizens, I determined that the correct course of action was to create an army.

Charge #4

CoS.I.1
"The President will post a fixed schedule of game times. "
CoS.I.1.C
"This schedule may be updated each Sunday for the following week’s games. "

President Shaitan has not posted a fixed weekly schedule of game times (Turn Chats.)


RESPONSE:
The schedule has been posted in the Historical Index and Turn Chat Index. This has been updated for the upcoming week’s chats on or before each Sunday. This is the same place where the schedule was posted by Chieftess in Term 1 and for Eklektikos in Term 2. There have been a total of 2 posts that I have seen (one in a chat thread and one in my Presidential thread) asking when the next chat would be. Both were referred to the above thread.

CLOSING STATEMENT

As most of the citizens know, I have consistently declined nominations for President for 8 consecutive terms (dating back through DG1). The reason I accepted the nomination for this term was that I felt the demogame was slipping. There was little discussion in the Forums, almost no organization of plans and absolutely no preplanning. Important demogame concerns (such as what to do with our first Great Leader and a Provincial Border system) had been neglected for two terms. Decisions were increasingly made during the turn chat and there was mass dissention and argument in the Forums. My goal as President this term is to bring the game back to the Forums, encourage discussion and debate, and to return us to the efficient systems that made us so successful in DG1.

My master plan has two routes of attack. The first is something that anybody can do. Specifically, I look at the game in progress and suggest topics and goals for the individual leaders to organize. I try to spark discussions and encourage active participation. The second “attack” is the chat turns themselves. My hope was that having the chats at 0’dark thirty in the morning would force people to discuss the issues on the Forums.

I was well aware that my methods would not be popular with many citizens who had become complacent. The Leaders and the chat crews were taking the responsibility for choices during the chats and that absolved people of the necessity of doing it themselves. Doing things correctly is often more difficult than doing them incorrectly, at least at first, and people naturally resist change. I made no bones that I knew I would hit resistance and that I fully expected to be hit with PI’s.

Guess what? My plan is working. For the most part the Leaders have rallied and are launching discussions on current and future topics. People are responding and have begun to give feedback across the boards. Compare the number of discussions and the activity in them this term compared to the last two terms. Compare the ease at reaching quorum this term compared to previous terms. People are getting excited and participating. I think we are on the right track again. We’re not there yet but we are moving in the right direction.

I am not guilty of any of the offenses alleged by this PI. One of the charges has already been dismissed and I am confident that I have shown that my actions were not only legal, but in the best interests of and with the support of the majority of the citizens of Fanatika.
 
Public Defender Response to Charges

CHARGE 1:

Dismissed

CHARGE 2:
COL.C.3.A
"A quorum (of a Council Vote) requires the attendance of 2/3 of the Council. "

In a recent turn chat, Shaitan declared a Spot Council Vote official when the vote count was officially 0-0. He cast the deciding vote. This is clearly against COL.C.3.A of our laws.
For further clarification, a Spot Council Vote is clearly considered an official Council Vote as the clause COL.C.3.G is clearly placed under the heading of "Council Votes."
In addition, a quorum is defined as "The number of participants required to ensure that a substantial portion of the decision makers are represented." A substantial portion of the decision makers were not represented in this decision, further establishing the fact that this was not a valid poll because it did not meet the participation requirements to be considered one. (See definition of 'valid' in our Three Books)
This incident occurred in our last Turn Chat on Wednesday, November 13. (490 B.C. TC)


As proof that Shaitan is correct in saying that we have almost never held to a quorum for spot votes here are 3 examples which have gone unnoticed until now. There are two from Chieftesses term and one from earlier in Shaitan's term.

Code:
From Sept. 6 2002

[19:01] <Chieftess> This is a council vote to 
  override a cabinet member instruction.
[19:01] <Chieftess> The question is..
[19:01] <Chieftess> "Should we override the 
  instruction to irragate grasslands?"
[19:01] <Chieftess> Vote yes or no
[19:01] <Ehecatl_Atzin> to do what?
[19:02] <chiefpaco> vote=yes
[19:02] <CivGeneral> Vote+Yes
[19:02] <Chieftess> override the turn chat 
  instruction to irrigate grasslands.
[19:02] *** King_of_Camelot has joined #demogame
[19:02] *** ChanServ sets mode: +v King_of_Camelot
[19:02] <Chieftess> Ehecatl? Strider? What sayeth 
  thou?
[19:02] <Ehecatl_Atzin> yes, but what will we do 
  instead of irrigation
[19:02] <chiefpaco> i think it needs to be 
  over-ridden.  then replaced
[19:02] <Chieftess> 3-0.
[19:02] <BlueStrider> sayeth?
[19:02] <chiefpaco> we could mine or road
[19:02] <Ehecatl_Atzin> very well then, yes
[19:03] <Chieftess> sayeth = say
[19:03] <stuck_as_a_mac> i like old english
[19:03] <chiefpaco> and not explore
[19:03] *** donsig has joined #demogame
[19:03] *** ChanServ sets mode: +v donsig
[19:03] <Chieftess> I'll include that in the next 
  question to make it official. ;)
[19:03] <Ehecatl_Atzin> and not explore?
[19:03] <chiefpaco> using the worker to explore
[19:03] <Ehecatl_Atzin> oh
[19:03] <Chieftess> Ok, the vote passes 3-0 (4 
  present, I believe) to not irragate.



[19:07] <Chieftess> Now, vote to override using 
  the worker to explore on the mountain.
[19:07] <Chieftess> council vote.
[19:08] <Chieftess> Vote yes or no.
[19:08] <Chieftess> (vote to override)
[19:08] <chiefpaco> vote=yes
[19:08] <Ehecatl_Atzin> vote-yes
[19:08] <CivGeneral> Vote=Yes
[19:08] <Chieftess> 3-0.
[19:08] <Chieftess> The vote passes.



From November 4, 2002:

[12:42] <ShaitanInDisguise> cabinet poll. need to override a Leader's instructions
[12:43] <Eklektikos> vote = do it
[12:43] <ShaitanInDisguise> okay. next turn...

As you can see only three council members voted in Chieftesses chats only one did in Shaitan's yet no one cared. Now why don't you prosecute Chieftess to for making that descion?

Charge 3:

COL.C.1.F
"Organizes decisions on what to do with Great Leaders"

Organize, as defined in our Three Books... "Organize – In the context of a leader’s duties, this includes suggesting a plan, discussing it and passing instructions on to the Designated Player."
This would include polling, or at *least* discussing with the citizens, what to do with the Great Leader. Shaitan did neither.
This incident occurred in our November 4th Turn Chat (825 B.C. TC)


What Shaitan did was completely legal. He organized a plan, discussed it and passed it on to the designated player. It is not his fault that there was lack of discussion. He simply took the feedback from the discussion and used in play, a perfectly legal thing to do.

CHARGE 4:

[COLOR= blue]CoS.I.1
"The President will post a fixed schedule of game times. "
CoS.I.1.C
"This schedule may be updated each Sunday for the following week’s games. "

President Shaitan has not posted a fixed weekly schedule of game times (Turn Chats.)[/COLOR]

Whoever posted hte charges must not have looked very hard for a TC schedule. It is in the
Historical Statistics and Turn Chat Log. He has posted it there and updated it.

CLOSING STAEMENT:
It is obvious that Shaitan is innocent. His actions may not have been the best thing, but they were completely legal. In charge 3 Shaitan was doing exactly what the laws provide for. He follows the law and you reward him with this a PI? It is my conclusion that Shaitan is innocent and these charges were only brought up because people didn't look hard enough at the other side of the story before making these allegations.

This thread is now open for discussion.
 
Just to be on the safe side, let it be known that absolutely no flaming or name calling will be tolerated in this thread. PIs can be very touchy issues, and people can easily take offense. Not that I truly expect it to come to that, but...

Your friendly neighborhood moderator,

eyrei
 
The only charge I figured might carry was the not posting a weekly schedule. Since said schedule does in fact exist I agree with Plexus.
 
Chief Justice Note

I agree with the sentiments of eyrei.

All citizens are now allowed to post their point of view and arguments in this thread.

Many opinions and viewpoints are encouraged throughout the Civ boards, and especially in the Demo game. However for this thread I ask that we keep two things in mind:

1) Shaitan is innocent until voted upon as guilty should such a poll be the outcome of this investigation.

2) Arguements should be professional, without name calling, and on point legally.

On point legally means that the argument should refer to the law as it is now, and not as the arguement maker believes it should be.

Within those boundaries though, it falls to the citizens to be the arbiters of fact. You are given the opportunity to express your views here.

Bill
Chief Justice
 
*CivGeneral Walks out of the jurry room

I would Agree. Shaitan did nothing wrong. We should do something about the loopholes. Lets find a whay to patch up these holes in the 3 books.

We were driven maddly on to place a PI on Shaitan do to the fact that we have been blinded by these loop holes.
 
Neovard: The Chieftess one was a 3-0 vote. As Chieftess said their were only 4 people present. Only I did not vote in that spot vote.

Also the other Shaitan vote was only 1 vote.... Strange.... The first Shaitan one was not really right, but we let it pass as it was not him voting in it. The 0-0 vote wasn't a democracy.... It was a depotism.... I am perfectly fine with having this PI pass over and nothing happen, but if this repeats a 3rd time then I will personal make sure something happens to prevent that.... Even if it does mean impeaching him.

Neovard
What Shaitan did was completely legal. He organized a plan, discussed it and passed it on to the designated player. It is not his fault that there was lack of discussion. He simply took the feedback from the discussion and used in play, a perfectly legal thing to do.

Their was plenty desicussion on the topic... At least 12 people voiced thier opions.... Shaitan failed to post a poll over it. No matter what you say this is clearly against are constitution.

The fact is is that Shaitan is making things worst. The demogame is no longer fun. We had no problem with a democracy game, but this has been the second time Shaitan has made a decision by himself without the citizens content. If we don't watch ourselves we will find the game a depotism game ruled by a dictator instead of a democracy game ruled by the citizens. I say we deal with the problem now and get it fixed now.... Otherwise things will keep on getting worst.
 
Originally posted by Strider:
Their was plenty desicussion on the topic... At least 12 people voiced thier opions.... Shaitan failed to post a poll over it. No matter what you say this is clearly against are constitution.

There is nothing in our laws that says the President has to post a poll. I defended a hypothetical case similar to Charge 3 in my Public Defender application. He may not have done the right thing, but not posting a poll is perfectly legal.
 
Neovard
As you can see only three council members voted in Chieftesses chats only one did in Shaitan's yet no one cared. Now why don't you prosecute Chieftess to for making that descion?

This is a PI of Shaitan.... Not Cheiftess.....Trying to put blame on her is just plain mean.... I can already tell you that in this two sentence saying you have lost my vote for a re-election .
 
I was not in any way trying to blame Chieftess. I was just using an example and might have gone a bit overboard. The point I was trying to make is that none of these cases have been prosecuted in the past, so why is this happening now.
I will let you know that I have no intention of insulting or flaming Chieftess, I have great respect for her and am sorry if I offended her in any way.

EDIT- Strider- please get my name right.
 
The Constitution
# Right to Vote

1. All citizens have the right to vote in all public polls.
2. No citizen will be forced to cast their vote against their conscience.
3. No citizen will vote more than once in the same poll.

The 0-0 vote was against the rules because of this law. He did not give the citizens the right to post in the spot vote. Thus he went clearly against this law.
 
Originally posted by naervod
I was not in any way trying to blame Chieftess. I was just using an example and might have gone a bit overboard. The point I was trying to make is that none of these cases have been prosecuted in the past, so why is this happening now.
I will let you know that I have no intention of insulting or flaming Chieftess, I have great respect for her and am sorry if I offended her in any way.

EDIT- Strider- please get my name right.

None of them has been prosecuted in the pass, because they did nothing wrong.... They gave the citizens the right to vote... Shaitan did not
 
Notice it says public polls and not spot votes.
 
Originally posted by naervod
Notice it says public polls and not spot votes.

Spot votes are public polls.... All citizens can vote in Spot votes.... Thus they are public polls.... Availble to the public.
 
Also, I only pulled examples from the chat logs. This happens alot more than you realize. Chieftess did it alot during her term and Eklektikos did as well. One last thing, what do you mean by giving the ctizens the right to vote? This is a council spot poll. The citizens have the right to vote in all PUBLIC polls, not council spot vote. Shaitan specified it was a council vote.This doesn't imply that there has to be a public poll every discussion.
 
Originally posted by Strider


This is a PI of Shaitan.... Not Cheiftess.....Trying to put blame on her is just plain mean.... I can already tell you that in this two sentence saying you have lost my vote for a re-election .


Strider,

Please keep the discussion on point.

You are perfectly right to question the interpretation of Shaitan's actions by the Public Defender, but I need to ask you, and all, to refrain from intimidation tactics or accusations to other citizens or officials not under investigation.

Your vote for naervod in the next election is immaterial to these proceedings.

Thank you for your cooperation.

Bill
Chief Justice
 
Originally posted by naervod
Also, I only pulled examples from the chat logs. This happens alot more than you realize. Chieftess did it alot during her term and Eklektikos did as well. One last thing, what do you mean by giving the ctizens the right to vote? This is a council spot poll. The citizens have the right to vote in all PUBLIC polls, not council spot vote. Shaitan specified it was a council vote.This doesn't imply that there has to be a public poll every discussion.

A council vote? That'll make the sitution ever worst. Shaitan should know that it is very hard for the council to find a chat rep or somebody to get up at that night to be their.... I very much doubt Shaitan called a Council Vote
 
Back
Top Bottom