Introduction:
Any person is able to file for Impeachment of any government employee within the State of San Andreas with a valid reason, or an Authority Conduct Review against any Government Entities. This includes, but is not limited to, any sitting Mayor, Justice, Law Enforcement Officer, Medical Employee, or any other government employee. For Authority Conduct reviews this includes but is not limited to, Government Entity Command Groups, Subgroups and internal boards. These requests require proof that a reasonable action has been taken to rectify the matter prior to appeal.
An Authority Conduct Review is a hearing in which an individual’s conduct may be brought into question and examined for any wrongdoing. It is used for cases where there might not be any criminal wrongdoing, but there could still be misconduct in some form.
An Impeachment is more severe. It is a hearing in which an individual’s conduct will be examined for potential criminal or corrupt actions that are more severe than just basic negligence or inexperience.
Constitutional Justification:
The San Andreas Constitution, under Article III, enshrines a Citizen’s right to Assemble, as well as a Citizen’s right to Vote and Petition.
Authority Conduct Review / Impeachment Cost:
In order to submit for an Authority Conduct Review or Impeachment, respective branches will have to pay the following non-refundable fees, respectively:
- DOJ – $50000
- Legislative Authority – $50000
- People’s Petition (50 Signatures) or $250000
Reasons for Authority Conduct Review:
Any Authority Conduct Review or Impeachment request submitted must have a valid reason.
For the purposes of this legislation, valid reasons for Authority Conduct Reviews are defined as follows:
- Dereliction of Duties: Failure to perform duties from lack of activity in the office, or outright refusing to perform duties of what is expected. A systemic failure.
- Exceeding the Mandate of their Office: The Governmental Collective has overstepped its purview and can demonstrably be shown to be imposing its influence outside of a just interpretation of their purpose and function.
- Constitutional Breach: The Government entity can be shown to systemically be in breach of an article of the constitution of San Andreas.
- General Corruption: To be found in the act of being continuously dishonest or fraudulent. Governmental group is found to be using its position in order to secure illegal benefits for the group or individuals connected to the entity.
- Cumulative Misconduct: Any individual that is found to be involved in a series of incidents of misconduct or inappropriate behavior for the office they hold. Both the quantity and type of misconduct are important when determining any punitive actions to be taken.
Reasons for Impeachment:
Any Impeachment request submitted must have a valid reason. For the purposes of this legislation, valid reasons for Impeachment are defined as follows:
- Dereliction of Duties: Failure to perform duties from lack of activity in the office, or outright refusing to perform duties of what is expected.
- Gross Negligence: Person disregards the needs of reasonable care, thus leading to the foreseeable serious injury or harm to other persons.
- Gross Incompetence: Continuous behavior that leads to misconduct. Articulable behavior that leads to serious consequences.
- General Corruption: To be found in the act of being continuously dishonest or fraudulent. Person is found to be using their position in order to secure illegal benefits for themselves or like persons.
- Felony Criminal Conviction: To be found after going through due process of being convicted in a court of law. To include being convicted by a court of the State of San Andreas, or by pleading ultimate guilt to a peace officer.
- Violation of Oath: Engaging in behavior that is contrary to the oath of office or positions that the individual holds.
Details and Implementation:
- Filing Request – Any and all evidence shall be submitted upon initial filing of the Authority Conduct Review or Impeachment Request. The fee is paid to a Justice/Judge from the Department of Justice to the Department of Justice Bank Account.
- Initial Review – Once an Authority Conduct Review or Impeachment Request has been submitted, the San Andreas Department of Justice will review the filed request to ensure it is complete and up to standard. The San Andreas Department of Justice will inform the applicant if the request is accepted, or rejected. This decision must be made by a Justice. If accepted, a Justice will be assigned to preside over the case. If a panel is needed, the Justice may put together a panel of three Justices/Judges. Justices shall be selected first, and Judges may fill any empty spots that may not be filled by a Justice due to scheduling or other reasons.
- DOJ Scheduled Public Hearing – The San Andreas Department of Justice will hold a Public Hearing, wherein the individual(s) submitting the request will be able to present their arguments, and the subject of the request will be able to provide a response. The overseeing Justice/Panel may make modifications to the hearing, but it shall ensure that any modifications are fair and provide the same opportunities to both parties to present their case.
- Deliberation – Upon conclusion of this hearing, the San Andreas Department of Justice in combination with a representative from the State of San Andreas shall review the arguments and evidence.
- Decision – The Department of Justice will then deliver its deliberation of the Impeachment/Authority Conduct Review and any necessary actions will then proceed.
Impeachments or Conduct Reviews that are passed, approved, or denied will be assigned a unique identifier and published for Public Review.
At any point of the process, the State of San Andreas may have a representative step in and oversee and/or participate in the hearing process.
Possible Consequences for Impeachments or Authority Conduct Reviews:
Any and all possible consequences, can be utilized either solo or in conjunction with any other consequence.
- Removal from Office: If the Department of Justice is convinced that the failing is so egregious that lesser corrective options are unable to provide sufficient response they hold the power to remove individuals from office.
- Writ of Mandamus: A court order of specific performance for a period of time, to attempt to correct the failings that were proven in the impeachment/ authority conduct review. This shall be overseen by an official appointed by the Justice in charge. Failure to satisfactorily follow the court order may lead to further sanction, up to and including Removal from Office.
- Censure: An official notice of Censure from the court publicly posted outlining the failures of the individual/ entity reviewed.
- Sanction: The Department of Justice can upon proof of losses or in need of punitive sanction, issue court issued penalties to be paid or suffered by individuals or entities should they be deemed necessary.
This legislation is effective Immediately.
These Authority Conduct Reviews/Impeachments are subject to third-party review if deemed necessary by the State of San Andreas.
Signatures:
𝕵𝖚𝖘𝖙𝖎𝖈𝖊 𝕭𝖗𝖎𝖙𝖙𝖆𝖓𝖞 𝕬𝖓𝖌𝖊𝖑, 𝖘𝖎𝖌𝖓𝖊𝖉 10/19/2024
𝕵𝖚𝖘𝖙𝖎𝖈𝖊 𝕷𝖆𝖗𝖗𝖞 𝕳𝖆𝖑𝖑𝖔𝖜, 𝖘𝖎𝖌𝖓𝖊𝖉 10/19/2024
𝕵𝖚𝖘𝖙𝖎𝖈𝖊 𝕬𝖉𝖊𝖑𝖆𝖎𝖉𝖊 𝕳𝖆𝖗𝖙, 𝖘𝖎𝖌𝖓𝖊𝖉 10/19/2024
Last amended: 10/19/2024
