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Report on Scientific Council Hearing Meeting on Potential Abuses of Power

Kendra Bancroft
Rhine Maiden
Join date: 17 Jun 2004
Posts: 5,813
04-26-2006 12:12
From: Pelanor Eldrich
Hi Kendra,

Just trying to understand here. Will you be keeping your NB citizenship and Chamber of Commerce post? I surely hope so. Also, is the Barony land part of the larger NB Sim? If so, I'm sure you could remove and keep your IP, but I'm not sure how the land deal would be negociated.

If it's not NB sim land, you're pretty much free to go I figure.
If it's NB land you'd have to negociate to either buy the land or pay NB as part of a vassal arrangement (probably not what you want).

Just fill us in, we're very interested in you and your plans. You're probably the most famous current citizen. :) Another alternative would be to found another (rival?) city-state sim. Could be very interesting. You two are obviously skilled and dedicated enough.



Just to be clear.

EFFECTIVE MAY FIRST: I am renouncing my citizenship, my government posts and removing the presence of Altenburg from within the city/state of Neualtenburg.

My deeds and land in Neualtenburg I gift to the city in return for the rights to retain my IP and private buildings and inventory without a bitter war.

My intent is to scout out a suitable location to establish Altenburg as an independant entity from Neualtenburg.
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Kevn Klein
God is Love!
Join date: 5 Nov 2004
Posts: 3,422
04-26-2006 12:22
From: Kendra Bancroft
Just to be clear.

EFFECTIVE MAY FIRST: I am renouncing my citizenship, my government posts and removing the presence of Altenburg from within the city/state of Neualtenburg.

My deeds and land in Neualtenburg I gift to the city in return for the rights to retain my IP and private buildings and inventory without a bitter war.

My intent is to scout out a suitable location to establish Altenburg as an independant entity from Neualtenburg.

And just when we became neighbors... Don't ya love me anymore?
Pelanor Eldrich
Let's make a deal...
Join date: 8 Feb 2006
Posts: 267
04-26-2006 12:43
From: Kendra Bancroft
Just to be clear.

EFFECTIVE MAY FIRST: I am renouncing my citizenship, my government posts and removing the presence of Altenburg from within the city/state of Neualtenburg.

My deeds and land in Neualtenburg I gift to the city in return for the rights to retain my IP and private buildings and inventory without a bitter war.

My intent is to scout out a suitable location to establish Altenburg as an independant entity from Neualtenburg.


That sounds both fair and equitable. Frankly I'm sorry to see you go, but hope you'll drop by and post to the forums occasionally. Will you retain forum moderator rights? This could be great, NB will have to "Keep up with the Joneses'". :)

BTW I might be able to help you with mortgage financing on new land or a new sim...Just a thought.
Kendra Bancroft
Rhine Maiden
Join date: 17 Jun 2004
Posts: 5,813
04-26-2006 12:51
From: Pelanor Eldrich
That sounds both fair and equitable. Frankly I'm sorry to see you go, but hope you'll drop by and post to the forums occasionally. Will you retain forum moderator rights? This could be great, NB will have to "Keep up with the Joneses'". :)

BTW I might be able to help you with mortgage financing on new land or a new sim...Just a thought.



I'll be writing Jeska to remove me as a moderator of this forum. I'm trying to leave Neualtenburg in as friendly a way as possible, while still letting the reasons I'm leaving be recognized.
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Patroklus Murakami
Social Democrat
Join date: 17 Sep 2005
Posts: 164
Time for cool heads not ultimatums
04-26-2006 13:09
I'm undecided on this one....

When I read Gwyn's summary post of the SCs deliberations, my initial reaction was that this was sensible and proportionate action. I strongly disagreed with the suspension of Ulrika from potential citizenship for the duration of the Dean's term when I thought the Dean was selected for life, I am less concerned about a six month suspension though. Especially when this is not accompanied by any restriction on access to the sim, citizens and forum and where there has been a clear abuse of power by a non-citizen (Ulrika) in censoring a citizen's legitimate posting on the N'burg forum.

Ulrika has raised some valid concerns though and I think these need to be examined. Immediate questions that come to mind are: Was the procedure followed by the Scientific Council in keeping with the Constitution and Laws? Did those accused of abuses of power have the opportunity to argue their case? Are the sanctions meted out proportionate and fair? I am currently undecided on those questions and will need to consider further. The SC members put a lot of time and effort into reaching these decisions though and their conclusions cannot be dismissed lightly.

It does not help us one iota, however, to have this discussion aired on the SL Forums for every naysayer and N'burg-knocker to have a go at our city and bray "I told you so" and mock our experiment in virtual world democracy. I don't know what the posting (now moved to Notices and Well Wishes) was meant to achieve but I think it was entirely counterproductive.

In addition, threats of secession are entirely unhelpful. There is no provision for secession in the N'burg Constitution for starters. But there is an agreement we all enter into not to deliver departure ulitmatums when things don't go our way. It would be in the spirit of the Constitution if the threat of secession were to be withdrawn and the dispute over the SCs judgement to be settled by lawful means.
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Kendra Bancroft
Rhine Maiden
Join date: 17 Jun 2004
Posts: 5,813
04-26-2006 13:15
From: Patroklus Murakami
In addition, threats of secession are entirely unhelpful. There is no provision for secession in the N'burg Constitution for starters. But there is an agreement we all enter into not to deliver departure ulitmatums when things don't go our way. It would be in the spirit of the Constitution if the threat of secession were to be withdrawn and the dispute over the SCs judgement to be settled by lawful means.



an ultimatum would consist of my saying "If things don't go my way, I'm leaving."

I'm saying "I'd like to leave."
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Pelanor Eldrich
Let's make a deal...
Join date: 8 Feb 2006
Posts: 267
04-26-2006 13:17
From: Aliasi Stonebender
Beg pardon, Kendra, but could you clarify as to how this is more than a symbolic gesture, if it is indeed intended to be more than that?

In my own state of rebellion :) I am at least recognizing the ultimate power of the sim owner and the duly appointed sim managers, which is all Linden Lab understands. In fact, you might have noticed my violations of covenant have been removed, by me, under the request of Gwyn (as she is a sim manager). The fact that she's dean of the SC doesn't matter; only the real facts do. The rest of the Neualtenburg "government" may say what it wishes, and I won't care; I just pay my fee to Rudeen and keep on truckin'.

Is all this just fancy talk for what I'm doing?


BTW Aliasi because you have your deed, you are still a citizen. I also think you're a fine, upstanding citizen. What exactly prompted you to step down from your posts? Excess drama?
Kevn Klein
God is Love!
Join date: 5 Nov 2004
Posts: 3,422
04-26-2006 13:19
From: Patroklus Murakami
......................


..................It would be in the spirit of the Constitution if the threat of secession were to be withdrawn and the dispute over the SCs judgement to be settled by lawful means.

There is no "settling" a ruling of the SC, by legal means or any other means. That is if we are to follow the constitution. The ruling of the SC is final, and the only recourse is to impeach the whole SC. But only if the SC rules that it's OK to impeach them all at once.
Kendra Bancroft
Rhine Maiden
Join date: 17 Jun 2004
Posts: 5,813
04-26-2006 13:29
From: Kevn Klein
There is no "settling" a ruling of the SC, by legal means or any other means. That is if we are to follow the constitution. The ruling of the SC is final, and the only recourse is to impeach the whole SC. But only if the SC rules that it's OK to impeach them all at once.



Nothing in the Constitution prevents impeaching the lot of them, Kevn. And it's not up to the SC whether they can be impeached as a block.
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Kevn Klein
God is Love!
Join date: 5 Nov 2004
Posts: 3,422
04-26-2006 13:32
From: Kendra Bancroft
Nothing in the Constitution prevents impeaching the lot of them, Kevn. And it's not up to the SC whether they can be impeached as a block.

I believe the RA is waiting for a ruling from the SC on this matter. So I would say those in power to impeach are waiting for the SC to clarify the constitution in this regard.

The constitution has no provision for a mass impeachment. In all cases the impeachment is concerning an individual, not a whole branch of government.
Kendra Bancroft
Rhine Maiden
Join date: 17 Jun 2004
Posts: 5,813
04-26-2006 13:34
From: Kevn Klein
I believe the RA is waiting for a ruling from the SC on this matter. So I would say those in power to impeach are waiting for the SC to clarify the constitution in this regard.

The constitution has no provision for a mass impeachment. In all cases the impeachment is concerning an individual, not a whole branch of government.



Then call Impeachment on them simultaneously. It's not fecking brain-surgery.
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Kevn Klein
God is Love!
Join date: 5 Nov 2004
Posts: 3,422
04-26-2006 13:39
From: Kendra Bancroft
Then call Impeachment on them simultaneously. It's not fecking brain-surgery.

You mean like seeking to impeach the entire USSC because you disagree with their interpretation of the constitution, even when the NB constitution specifically says the SC isn't bound to a literal interpretation of the constitution?

What law did they break? Remember, they interpret all laws and the constitution alone. Who has the power to impeach them if they alone decide what is legal or constitutional?
Kendra Bancroft
Rhine Maiden
Join date: 17 Jun 2004
Posts: 5,813
04-26-2006 13:45
From: Kevn Klein
You mean like seeking to impeach the entire USSC because you disagree with their interpretation of the constitution, even when the NB constitution specifically says the SC isn't bound to a literal interpretation of the constitution?

What law did they break? Remember, they interpret all laws and the constitution alone. Who has the power to impeach them if they alone decide what is legal or constitutional?



The SC isn't bound to a literal interpretation of the Constitution when considering their own veto of laws proposed by the RA.

They ARE bound to the Constitution where it concerns law --just like any citizen in Neualtenburg.

But ya know what? I don't care anymore.
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Kevn Klein
God is Love!
Join date: 5 Nov 2004
Posts: 3,422
04-26-2006 13:48
From: Kendra Bancroft
The SC isn't bound to a literal interpretation of the Constitution when considering their own veto of laws proposed by the RA.

They ARE bound to the Constitution where it concerns law --just like any citizen in Neualtenburg.

But ya know what? I don't care anymore.

Well, the constitution doesn't make any such distinction. They alone rule on laws and the constitution. And their ruling is binding.
Patroklus Murakami
Social Democrat
Join date: 17 Sep 2005
Posts: 164
04-26-2006 13:54
From: Kendra Bancroft
an ultimatum would consist of my saying "If things don't go my way, I'm leaving."

I'm saying "I'd like to leave."


That's a shame, I was looking forward to working with you. I hope you'll reconsider.

From: Kevn Klein
There is no "settling" a ruling of the SC, by legal means or any other means.


If the SC has acted improperly this matter is not at an end! If that is the case (and I appreciate this is a big 'if'!) then we do need to consider impeachment proceedings. But we are a long way from that yet. I'm prevailing on the parties involved to take a deep breath, keep a cool head and find a way forward that is true to our democratic principles and the founding documents.
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Ulrika Zugzwang
Magnanimous in Victory
Join date: 10 Jun 2004
Posts: 6,382
04-26-2006 14:46
From: Kevn Klein
Well, the constitution doesn't make any such distinction. They alone rule on laws and the constitution. And their ruling is binding.
You are profoundly mistaken, having apparently misinterpreted a passage in the constitution. I can help though! Let's start with the text from the constitution:
From: someone
Members of the Philosophic branch are not bound by a strict literal interpretation of the Bill of Rights, Founding Philosophy, Constitution, or the strict adherence to legal precedence. Rather members of the SC are required to draw upon their individual fields of expertise to solve complex social issues.
This means simply that the SC is not bound by strict literal interpretation of poorly written laws. This does not mean, the SC can make up whatever they want, as you seem to think. Again, it just means that they don't have to take poorly written laws literally.

For instance, if a fundamental right stated that "all men are created equal", they could use this clause to put forward that the intent of the statement was that "all people are created equal". A literal interpretation would exclude women from being equal where as interpretation based on intent would not. That clause in the constitution was put there to keep silly monkeys from enforcing poorly written laws literally instead of enforcing their intent.

How does this relate to your points? All members of the city are bound by the laws without exception. The SC only has freedom to seek intent.

If you follow this, you will also see that Gwyn has tried to avoid the charge that she violated the constitution by holding a trial without a jury, by calling the trial a "hearing" or "meeting". What's she's doing is using euphamistic labeling along with a literal interpretation of the consitution to justify trial without a jury. This literal interpretation is exactly what that quote from the constitution was supposed to stop! She's ignoring the intent (just trials with a jury of peers for all) in favor of a literal interpretation to get out of trouble. Fascinating, eh?

~Ulrika~
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Chik-chik-chika-ahh
Kendra Bancroft
Rhine Maiden
Join date: 17 Jun 2004
Posts: 5,813
04-26-2006 16:28
From: Patroklus Murakami
That's a shame, I was looking forward to working with you. I hope you'll reconsider.


At this point I'd say I'm looking to be elsewhere. For what it's worth I was looking foward to working with you as well.
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Aliasi Stonebender
Return of Catbread
Join date: 30 Jan 2005
Posts: 1,858
04-26-2006 17:07
From: Pelanor Eldrich
BTW Aliasi because you have your deed, you are still a citizen. I also think you're a fine, upstanding citizen. What exactly prompted you to step down from your posts? Excess drama?


I wish this city to figure out if it's a democratic experiment that listens to the citizens, or Ulrika and Kendra's personal pet project that kowtows to their wishes when they get mad. Honestly, while I've stated my views on Ulrika, I don't hate either Ulrika or Kendra; it is their inconsistent behavior that I most object to.

Until such time, I am forced to default to the standard recognized arrangement of SL; a sim owner renting to other people, all under Linden Lab's ToS.

I confess, the fact that Sudane is Guildmaster and the leader of the SC and RA are sim managers means very little practical change in my behavior, since they are certainly respecting city law... but while I am denying the government, I can't be part of it obviously. :)

(Also, while I'm at it, remove me off the sim manager list already, Sudane. :p )
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Red Mary says, softly, “How a man grows aggressive when his enemy displays propriety. He thinks: I will use this good behavior to enforce my advantage over her. Is it any wonder people hold good behavior in such disregard?”
Anything Surplus Home to the "Nuke the Crap Out of..." series of games and other stuff
Kevn Klein
God is Love!
Join date: 5 Nov 2004
Posts: 3,422
04-26-2006 17:33
From: Ulrika Zugzwang
...... This means simply that the SC is not bound by strict literal interpretation of poorly written laws. This does not mean, the SC can make up whatever they want, as you seem to think. Again, it just means that they don't have to take poorly written laws literally.

..................


Sorry, but you don't get to explain what the constitution means, that's the SC's job only. Regardless of the fact you helped write it. If you wanted it to actually mean "the SC is not bound by strict literal interpretation of poorly written laws" then that's what you should have said, but you wanted it to say "Members of the Philosophic branch are not bound by a strict literal interpretation of the Bill of Rights, Founding Philosophy, Constitution, or the strict adherence to legal precedence. Rather members of the SC are required to draw upon their individual fields of expertise to solve complex social issues" because it gave you ultimate power. Then you got to redefine everything, even what you meant when writing the document.

It's like playing a game, where the rules keep changing to suit the guy who is teaching others how to play.


Anyways, you aren't a citizen anymore, so it's kind of a dead issue at this point.
Ulrika Zugzwang
Magnanimous in Victory
Join date: 10 Jun 2004
Posts: 6,382
04-26-2006 18:42
From: Kevn Klein
Sorry, but you don't get to explain what the constitution means
Indeed I do. Because I am my own defense (a lawyer) in these discussions, hearings, and hopefully trials, my job is to present my case using arguments based logically on constitutional law. So, to silence me would be to deny me representation. Since I imagine that no one wants to add that to the list of the city's current difficulties, I will continue to interpret law until this is resolved.

What's interesting (and the reason most SC members are shirking the forums), is that I am possibly the best-equipped lawyer in the N'burg judicial system, having, as you said, written the Constitution itself. Once this is all resolved, my services will be for hire. The way things are going now, I think they'll be needed. ;)

~Ulrika~
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Chik-chik-chika-ahh
Ulrika Zugzwang
Magnanimous in Victory
Join date: 10 Jun 2004
Posts: 6,382
04-26-2006 22:52
This was posted in an external thread and concerns the denial of due process to foreigners by governments. I thought it summarized the perceived problem with jurisdiction quite succinctly. It is a response to the assertion that noncitizens aren't entitled to due process in N'burg.

There is no modern democracy on the planet that denies noncitizens the right to due process. Indeed, a foreigner who is detained for suspected crimes in RL will receive the benefit of a country's judicial system despite not being a citizen.

What's interesting is that in N'burg a fair trial is being denied on the basis that the accused is a foreigner, yet the accused is nonetheless held accountable as a foreigner for violating the laws. Thus this precedent of which you speak is, that foreigners are subject to all of the laws and punishments but none of the judicial protection, such as trial by a jury of peers. What an ominous precedent!


In a follow-on reply someone made the fascinating observation that there is precedence for indefinite detention and unusual punishment without due process in the U.S. with Guantanamo Bay and its "enemy combatants". The following observations were made:

An enemy combatant is a special class of prisoner that is neither a POW nor a criminal and can be either a citizen or a foreigner. This special class was created to allow the Executive Branch in the U.S. to indefinitely detain and interrogate POWs. This is done through a euphemistic reclassification with a literal interpretation of the Geneva Convention and by holding prisoners on foreign soil to deprive prisoners of federally guaranteed rights to due process.

It appears that the N'burg court system is engaging in the same kind of legal hair splitting as the Bush administration as a justification to engage in unconstitutional behavior. In fact, the current forum stonewalling and failure to engage in dialogue is very much like the Bush administration as well.

Fortunately for the U.S., after much deliberation the Supreme Court reaffirmed that U.S. courts have legal authority to rule on challenges brought by foreign nationals held at Guantanamo Bay. Will there be such a revelation in N'burg? I hope so. It would make city projects such as the incorporation service extremely unattractive to outsiders, if they knew they could be denied of due process in event of conflict.

~Ulrika~
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Chik-chik-chika-ahh
Selador Cellardoor
Registered User
Join date: 16 Nov 2003
Posts: 3,082
04-27-2006 00:40
From: Gwyneth Llewelyn

The hearing was also not a "trial" as it was repeated quite often.
...
Once the violations were established, it was required of the SC to pronounce a veredict.


I really don't get this.
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Kendra Bancroft
Rhine Maiden
Join date: 17 Jun 2004
Posts: 5,813
04-27-2006 06:01
From: Selador Cellardoor
I really don't get this.



nor do I.
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Gwyneth Llewelyn
Winking Loudmouth
Join date: 31 Jul 2004
Posts: 1,336
04-27-2006 06:10
Please. Quoting things out of context can prove almost everything.

Here is a perfectly valid quotation from myself:

From: myself
The hearing was [...] a trial [...] repeated [...] violations were established [...] the SC [...] pronounce a veredict.
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Kendra Bancroft
Rhine Maiden
Join date: 17 Jun 2004
Posts: 5,813
04-27-2006 06:40
Here is the quote in full context:


From: Gwyneth Llewelyn
Once the violations were established, it was required of the SC to pronounce a veredict. And in this case the decision to apply sanctions was not made by the "judge" on her own — but by a jury of peers (namely, all SC members with voting powers). They have even voted to remove the suspension of access to Neualtenburg, and apply a lighter sanction instead — free access to Neualtenburg, its events, and institutions (including, for instance, the right to further file suits on libel, defamation, or demand of compensation for emotional breakdown and stress; as well as full access to the Neualtenburg forums), but a temporary suspension of re-acquiring citizen status, a decision that can be appealed (and yes, FYI, the Dean is also subject to a 6-month-long term).

Any further questions?


and my response:

Once the violations were established, it was required to INDICT.

The SC, serving as judges, auditors and police does not equal a jury of peers.

It is my view that the current SC is in violation of Constitutional Laws, their interpretation of them notwithstanding.
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