Judicial Review #1 - Leader appointment conflict

This Review deals with the current situation where a Leader is also a Deputy and is due for promotion to a second Leader position due to the retirement of that department's Leader. Currently, Waterz is the Deputy of the Trade Department as well as a Provincial Governor. Fephisto is resigning as Leader of the Trade Department. Waterz cannot be the Leader of Trade and Provincial Governor at the same time as a single citizen may only hold one leadership position. (Constitution, Article H: No person shall hold multiple positions of leadership (President, Department Leader, Judiciary, Provincial Governor) simultaneously.)

Chief Justice's Ruling
Waterz may keep his current positions (ref CON H, If Waterz does not resign as governor he may not become Trade Leader). The President will then need to appoint a new Trade Leader (ref COL H-1-a-(1), President appoints leaders for vacant offices). Waterz may also resign as Provincial Governor and be promoted to Trade Leader (ref COL H-1-a, Deputy is promoted to Leader if the Leader position is absent). Waterz would then appoint a new Trade Deputy (ref COL H-2-a-(1), Department Leader appoints Deputy if there is no Designated Chat Rep) and the President would appoint a new governor (ref COL H-1-a-(1), same as above).

Referenced rules (CON = Constitution, COL = Code of Laws)
CON, Article H: No person shall hold multiple positions of leadership (President, Department Leader, Judiciary, Provincial Governor) simultaneously.
COL, Section H, Points 1 and 2:

Particulars of the Review
There is no time limit on the review. Other judicial officers should reply to this Review thread with their agreement to the Chief Justice's ruling or a different ruling of their own.

Having looked through the constitution I concur with Shaitan's analysis and ruling.

Judge Advocate

I concur with the Chief Justice's opinion in this matter. The government will officially support that interpretation.

I add only that clearly either Presidential appointment (to the Govenorship or Trade Leader, whichever Waterz choses NOT to take) will require the simple majority cabinet comfirmation.

Bill_in_PDX
Judge Advocate of Phoenatica

It is interesting that if a new Trade Leader nees to be appointed, a mere council vote is enough, but a depudy leader requires a citizen poll. Is this intentional?

Well, i have resigned as govenor and have become Trade Leader and now i want to know is my deputy to be appointed like how fephisto appointed me or is it through a citizen poll ot council vote.

Almightyjosh - Yes, it's intentional. Speed is the main reason why appointees to leader positions are ratified by the Council instead of the Congress (citizens). It causes too great a disruption when these key offices are vacant.

Waterz - Yes, you appoint a Deputy and then he/she is ratified by a Congressional (citizen) vote.

So the Poll currently being run b/w myself and octavianx is not what waterz should be doing? (tied I think, exiting!) Should he appoint a depudy and then go, "is this guy OK?" ?

Waterz' intent is just fine, in my opinion. Normally the leader makes an appointment then has an approval poll but it's certainly okay for a leader to get public opinion on who the deputy should be. Waterz' poll just includes the approval along with the opinion. It could be judged to be invalid though as there is no option to pick "none" and no "abstain" option.

Yes, the poll should have an abstain/none options so that a quorum is reached easily.

I will not argue that this poll should be invalidated for being incorrect, however, it runs the risk of not attaining 14 votes, which would invalidate the results.

I recommend advertising this poll in the announcement thread here http://forums.civfanatics.com/showthread.php?s=&threadid=25893

Bill in PDX
Judge Advocate of Phoenatica