ATARA Hearing Chamber: On the Derthaler Appeal for the Floor

[Iverica]

THE HEARING CHAMBER

Official chamber for the proceedings regarding all ATARA Appeals

Let the following entries serve as the official record on the proceedings of the Appeals for the Floor "Appeal Number 001 - In Regards to the Representative of Derthalen Taking the Floor" and "Appeal Number 002 - In Regards to Observers and Their Relationships to Resolutions & Policies" , taking place during the 2nd day of the First General Assembly (June 13th, 2018)

What the Hearing Chamber looks like

 

CHAMBER GUIDELINES

Interim Chairperson Morra has sent this following memorandum sheet to all attending delegates and observers. She requests that the delegate take time to familiarise themselves with the order of the proceedings and appropriate verbal cues for use during the proceedings here.

 

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Order of Proceedings

Order	Event	Action
1	General Call for Quorum and Attendance	All attending parties (Observers included) are to confirm attendance via Poll
2	Introduction of the Appellant and recognition of the Appeal	The Chair shall announce and recognise the Appellant and his/her Appeal
3	General Appeal	The Appellant must follow this format in general: Opening Remarks, Significance of the Appeal's aims/goals, General Arguments (how the appeal's matter can be justified as a feasible and sustainable ATARA proposal), concluding remarks
4	Open Floor	Member States may raise points: Query/Clarification, Objection to a Violation of the Charter.
5	Ruling of the Chair	The Chair shall rule on the legitimacy of these points. This shall determine which points the Appellant shall be required to address.
6	Appellant Response	The Appellant must respond to the required points.
7	Panel Appraisal and Review	The Panel, addressing the Assembly, shall make general comments on the significance, pertinence, or other critical aspects of the appeal. This is not a deciding verdict and/or ruling, but serves to advise the Assembly for the next phase.
8	Bidding for Sponsorship	Member States and Founders may declare their sponsorship to author with, or vouch for the authorship of a Proposal based on the Appeal's primary argument.
9	Recognition of Outcomes by the Assembly	The Chair, on behalf of the Assembly, shall make a statement on the outcome of the proceedings.
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Definitions

Raising a Point- any present Member can, at this period, raise a few types of points or motions. In Hearings of Appeals, other Observer States may themselves raise any of the below points to equal effect as a Member State (this is unlike the Assembly Chamber proceedings--where observers are not granted this privilege).

• Query/Clarification- A Query is initiated by the following phrase: "The Delegate of... raises a Query regarding [specific point in the proposal followed by an expounded and clearly phrased question]". A Clarification is initiated by: "The Delegate of... requests a clarification on [specific point followed by what the requesting delegate wishes to know]".
  • The Query or Clarification should serve to point out specific concerns or contentions that may arise or become apparent.
  • If such points are impertinent or out of order, the Chair shall reject the motion in the Ruling period.
• Objection to a Violation of the Charter- "The Delegate of... raises an Objection to a Violation of the Charter. This proposal's point... is in clear violation of this Association's Charter [cite specific line]".
  • Depending on the verdict of the Chair and Panel the proposal may fail conclusively is this Objection is sustained.
• [NOT AVAILABLE FOR APPEAL HEARINGS] Motion to Reconsider- "The Delegate of... puts forth a Motion to Reconsider the Proposal [name] on the floor of this Chamber, citing... [cite objectionable/unclear details that must be edited by the Appellant].
  • If this is sustained, the Proposal shall be put in a redrafting/editing phase and the current proceedings shall be put on Break for Recess until the 4th day of the General Assembly, upon which a final consideration shall take place on the newly redrafted Proposal.

After all the points have been given, the Chair shall announce a ruling on which valid points must be given detailed response by the Appellant.

Etiquette

Members, Founders, and Observers must keep in mind the appropriate speaking times. Interruptions to the Appellant or the Chair shall be considered out of order. Likewise, expletives directed to the person of another Delegate (or Observer), or vitriol towards the represented nation of any delegate shall be considered out of order. Offenders shall receive only one warning--exceeding this warning with another act out of order shall render this delegate "In Contempt" of the Assembly. A delegate held In Contempt of the Assembly shall be dismissed from the proceedings, escorted out of the chamber, and shall automatically be counted as an Abstain vote during the voting period.

Bidding

The Bidding for Sponsorship Period shall be initiated after the Appellant has responded to all required points and after the Panel has given their Appraisal and Review.

In this period, any Member or Founder may declare their intention to sponsor a Proposal based on the Appeal. There is no sequence to who may offer a bid first, not is there a limit to how many Delegates may make such an offer. Choice of which bid to accept is then made by the Appellant (the Appellant is not bound by this choice, and may make an official announcement of his intent to seek a new sponsor at a later period).

The result of this Appeal in a successful or unsuccessful bid by the Appellant will then be Recognised by the Panel and Chair along with any closing remarks

 

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OOC: The Interim Chair shall begin the proceedings on the Delegate-Observer of @Derthalen's Appeals (as mentioned above) no later than 48 hours from this message's posting. As soon as the Chair and Panel have been notified (PM Notice to the Chair) by the Appellant, the Chair shall commence the appropriate introductions. 

If the Appeal cannot be finalised (via PM notice to the Chair) within 48 hours of this message's posting, the room shall automatically disregard the item and move on to the next Appeal (if any) on the agenda, failing this, the chambers shall be closed.

[Iverica]

OOC: Because Derth is ready and we already canonically have 8 people confirmed attending (see the main GA thread poll), I'll take that as quorum. Despite this, please do not forget to vote on the poll above, it is for the record

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1st General Assembly

1030h IST | June 13, 2018
ATARA Headquarters, Hearing Chamber
Porto Altaria, Iverica

 

"So marks the Argic-Thalassan-Alharun Regional Association's Appeal Hearing no. 001, taking place on this day, June the 13th, the year 2018 in Porto Altaria, Iverica. To initiate these proceedings, we begin the first order of business--the General Call to Quorum and Attendance", announced the Chamber Clerk, who then calls each delegate by name expecting the appropriate response of Present, or Present but Abstaining.

...

"...thank you delegates and delegate-observers. We conclude the General Call with a sum of 9 in attendance out of the minimum quorum of 5 required. This Chamber has a Quorum present", said Morra from her seat on the raised desk atop the dais.

Beside her, to her left, was Julian Nordeng of @Prymont. To her right was Lantheere fan Oliefaaire of @Variota. Earlier, the appointed Clerk had announced the three as presiding Panel, with Morra as Interim Chair.

This day of ATARA's First General Assembly would see the Delegate-Observer of @Derthalen take the floor for his Appeal.

Morra adjusted her spectacles and turned a page on her file. The Clerk took his cue and spoke.

"Proceeding with the order of business--this Assembly, its sitting Panel and Chair shall now introduce the Appellant for this session and shall recognise the Appeal as announced."

Morra picked up from there.

"This Assembly recognises the Delegate-Observer of Derthalen, Johan av Kål and his first Appeal, so named 'Appeal Number 001 - In Regards to the Representative of Derthalen Taking the Floor'. The Chamber floor is now open for Mr. Kål to make his General Appeal. Hence, this Chamber and its Assembly are once again called to order..."

"Mr Kål, your opening remarks please."

[Derthalen]

Johan av Kål had been waiting for over a month now to make this appeal and proposal. If it succeeded, it would bring him no small amount of prestige, and it would also increase the economic importance of the Free Cities. Not only did they have access to two free trade areas with Ochsenland through the treaty ports with Adaptus, but they also stood to gain massively from refuelling and trade routes that already passed through or near their waters. If there was a treaty allowing for easier trade; it was only natural that ships would beginning stopping in the ports. The Chair had recognised him, now was the time to speak. 

He rose proudly.

'We believe that despite observers not being full members, that they should be granted the option for a full compliance status that would allow them to be treated as full members in everything but voting and speaking rights. This would mean that resolutions and policies held by the Regional Association would be applied automatically to said state, lest they lose their full compliance status and be returned to being a basic observer. This would be an optional choice, and in no way would force people into taking it. Finally, it would fall to the Panel to decide whether a state would need to become forcefully compliant.

This is important, as it would allow those that wish to be engaged in economic activities and bear more responsibilities within the Association, but that are incapable or for various political reasons not desirable to give the vote to, to be able to gain these responsibilities and take part in agreements. This would benefit the Association by increasing the area affected by policy changes and promoting greater connectivity and reliance between states while also allowing the existing members to limit the influence a possibly dangerous or untrustworthy state might have.

In conclusion, I hope that the delegates present will see the benefits this will bring to the Association and vote in all of our best interests.'

With his appeal lodged, he braced himself for the questions to come.

 

[Iverica]

1st General Assembly

1030h IST | June 13, 2018
atara Headquarters, Hearing Chamber
Porto Altaria, Iverica

Listening to the Mr Kål, Morra was pleased to note that the Delegate-Observer had noticeably thought out his proposal with due diligence. It was unfortunate that he had not cited any specific sections or declaration in the Charter or Procedural Addendum which may have reinforced his Appeal, but things did seem (at least on initial examination) in order legally speaking.

She noticed a few searching glances from some members of the Assembly. Likely, she thought, searching for hints of favour or disfavour with regards to the Appeal currently on the floor. Though, if there was one thing Morra was good at in her career, it was appearing as a quote "steely soulless b*tch"--often said by her opponents among the classless, unimaginative, and protozoan products of incest that were Iverica's Egalité Avante party. She made sure that her abilities and atrophied facial muscles were put to their best use, keeping a stiff competition-worthy tarot player's face. 

When the Mr Kål had finished, Morra made to progress the session.

"Thank you Mr Kål. If there is nothing else to add, we shall proceed with the next order of business... The Panel and Chair now permit the members of this Assembly to raise points with regards to the Appeal. This Chamber's floor is now open, please make a show of hands and await recognition by the Panel and Chair."

 

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OOC: this is the part where anyone present (member or observer) can raise the points I referred to in the Guidelines above. If you post, it is assumed that you have been called and recognised by the Panel and Chair, make sure to abide the proper phrasing, formality, and etiquette (at risk of your own reputation).

[Prymont]

Nordeng immediately rose his hand, taking a sip of water as he awaited recognition. This appeal was rife with holes and grey areas, ones that couldn't be retained if the appeal were to continue to the proposal stage. Being the awkward man that he was, often filibustering during Parliamentary debates and pissing off opposition members in press commentaries, Julian thrived on nitpicking and being a pain. If he weren't a politician and were instead a simple youth on the street he'd have his arse kicked, but that wouldn't end well in ATARA's Hearing Chamber. Here, he could be as frustrating as he wanted, all in the name of clarity. For him, this was the perfect job.

"The Delegate of the United States of Prymont raises a Query in regards to several statements made by the Delegate of the Kingdom of @Derthalen. Firstly, how are observer states to apply for 'full compliance status'? Will it be voluntarily on their side, or may the Panel have exclusive and executive ruling on which states are granted such status? Secondly, what are the circumstances and definitions surrounding the concept of 'forceful compliance'? Finally, will the Panel be issued executive powers on rescinding said full compliance status, and if so, may it be done with or without justification? I believe this Query requires serious consideration before the progression of the appeal is seen to proposal stages, as the appeal currently is left with fundamental flaws that would be the cause of severe headache and confusion if left unanswered."

[Derthalen]

Recognising the Prymontian delegate, av Kål turned to address him. 'It would be completely voluntary on their side, though it would come down to the Panel to decide whether or not to accept the status. The idea of forceful compliance is also rather simple. Should a state fail to enact certain policies, their participation in other programs and policies could be then limited or outright revoked by the Panel, or if there are high value assets at play, be grounds for a possible embargo. Finally, while it is not for my state to decide this, I would hope that if this idea is accepted, it would be implemented in such a way that the Panel would have executive authority to the granting of the status, and that they would need to justify its revocation, as doing so without reason hardly seems in the spirit of cooperation.' 

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*Prymont, he is not representing just the Kingdom here, he is representing the whole Empire. 

[Iverica]

"Thank you, Mr. av Kål."

"Owing to the nature of these proceedings as Hearing and not Assembly, specific articles are not required until such time that this appeal enter the floor as a Proposal."

"This Chamber shall now proceed with General Comments. The following comments hold no finality of judgement and serve to synthesise or analyse the contents of the Appeal and any answered or unanswered points of clarification raised during these proceedings. The Chair shall begin, followed by any further comments arising from the sitting Panel", spoke the clerk.

Morra nodded and lifted her notes to the light.

"To begin, it must be noted by this Chamber that any Proposal produced from this appeal carries the burden of amending the Procedural Addendum of this Organisation. The status being proposed by the Delegate-Observer of Derthalen so called, "Full Compliance" requires specific and prudent amendments to ATARA PA-01, Procedure II, Section B for the Appeal's essence to be legitimised within this organisation. Members desiring to bid on this Appeal should now be considered duly reminded of this fact.

 

That reminder notwithstanding,  the Chair would further applaud the efforts of the Appellant, Mr. av Kål, for, and I quote from the Appeal's contents, "promoting greater connectivity and reliance between states" end quote, with the prudent caveat, I further quote, "also allowing the existing members to limit the influence a possibly dangerous or untrustworthy state might have", end quote. While this is certainly an ambitious idea, with much depending on how a Sponsor member and Mr av Kål approach the language and articles of the potential Proposal, it would be remiss to call negative judgement upon an idea which promotes the 'mindful, desiring, conscious, and considering' articles of our Association Charter.

Panel Member Nordeng has likewise raised a valid point. It is important to note that Mr. av Kål's response has suggested that in cases of ruling on the status of "Full Compliance" be given absolutely to the Panel. While the Chair sees this response as reasonable and just given the executive nature of the Panel, Observers and potential Sponsors must be aware that this will require the Proposal to establish a Panel-managed committee for the examination of "Full Compliance" criteria--whatever the Panel decides the criteria may be.

To conclude my comments, I must further remind this Chamber that the burden of proof in defending a nascent proposal based on this Appeal would fall squarely on the shoulders of the Sponsor Member. Should it be argued that any article of the Proposal be contrary to the spirit of the Charter, the Sponsor must likewise present counter-arguments with a firm basis on the ATARA Documents. To reiterate, this round of Comments is not to appraise the legal implications of the current Appeal as if it were already a Proposal, but to provide suitable inputs and insights for Member Delegates that wish to bid for authorship of the ideas given.

I present no further comments."  

Morra took a quick sip of water.

The Clerk cleared his throat and spoke, "The Chair has given comment. At this point, the Panel may choose to present their own inputs. If there are none, this Chamber shall proceed to the Bidding Period."

 

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OOC: So those are the comments for potential Bidders to note. Bidding, which is the next phase, will just see anyone who wants to support this Appeal declare their willingness to sponsor it. If there are any questions, Discord #atara will do