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OPOA 2016 - By TheMightyUnicorn

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OPOA 2016 - By TheMightyUnicorn

Post by OhHeyItsKeir on Sun Apr 03, 2016 11:07 pm

Office Protection and Objection Act [2016]

Summary

This act is to ensure the safety of the jobs of those in the high up ranks of the Retro White House. It is to ensure no person is removed from their position unjustly, and that if they are, those who did them wrong will face consequences through the Court. It will also allow the people a greater say in who represents them.

The Removal of a Chief of Staff (By the President)

-Any President who wishes to remove his/her Chief of Staff MUST have several things;

 Sufficient evidence of the wrongs of said COS.
 The permission of the Vice President, and both Deputy COS's.
 Proof of said permission.
 A valid reason for the removal of the COS.

-EXCEPTION: If the Vice President, and/or one of the DCOS's is unavailable to give permission/there is only one DCOS, then the following must give permission;

1. If the Vice President is unable to give permission, then
two 5iC+ Cabinet Members must give permission.
2. If either or both of the DCOS's are unable to give permission, then one 5iC+ Cabinet Member must
give permission for each DCOS unable to make it.
1.
Before the Chief of Staff is removed, a hearing must take place, which will be known as the Validity Hearing, in which the following things must be stated/given;

 The reason for the firing of the COS.
 The evidence provided against the COS.
 Who gave the permission for the hearing to happen.

The COS in question must then be allowed to defend their side, but civilly. If they fail to do so, then the Hearing will be ruled against them.

These hearings MUST be witnessed by;

 The Chief Justice and/or Deputy Chief Justice.
 The President.
 EITHER the Vice President, or both of the DCOS's.
 Three other people unrelated to the case.

-EXCEPTION: If the President is unavailable, the Vice President MUST attend the hearing. In turn this means that both DCOS's must attend also.

The CJ/DCJ (either or both), plus the three people unrelated to the case must then vote on if
they believe it is just to remove the COS. If it is deemed that it is just, then the COS will be removed from their role. Depending on their wrongs, they will either be fired or demoted. If it is deemed unjust for them to be removed, they will stay on, with either a formal warning that if they repeat their wrong actions, they will be removed, or without one if it is deemed they did no wrong. If the COS repeats their actions after being warned, the President is allowed to remove them from their post, provided they have evidence to do so.

EXCEPTION: If the COS has been offline/inactive for an extended period of time (e.g- one week) without warning or explanation, they may be temporarily removed, and a temporary COS be put in their place. If they return without a valid explanation for their absence, the President and Vice President may decide together whether to give their rank back or not, however it must be explained to the Chief Justice or Deputy Chief Justice the reason/lack of reason the person gave. The CJ/DCJ will state whether they believe it is valid or not, and dependant on their answer the COS may or may not be removed. If the COS does not return within one week of having the temporary one, then they are to be officially removed from their rank.

The Removal of a Branch Leader

-If the President wishes to remove a branch leader, they MUST have the following things;

 Sufficient evidence to show why said branch leader does not deserve to be in their position.
 Permission from the President, Vice President and EITHER of the DCOS's.
 Proof of said permission.
 A valid reason for the removal of said branch leader.

Before the branch leader is removed, a hearing must take place, which will be known as the Validity Hearing, in which the following things must be stated;

 The reason for the removal of the BL.
 The evidence provided against the BL.

The branch leader in question must then be allowed to defend their side, but civilly. If they fail to do so, then the Hearing will be ruled against them.

These hearings MUST be witnessed by;

 The Chief Justice and/or Deputy Chief Justice.
-EXCEPTION: If it is the Chief Justice who is under examination, then the DCJ and/or a Senior Associate Justice must be present.
 The President and/or Vice President.
-EXEPTION: If the President is not available, the Vice President MUST be at the hearing. If neither is available, the COS must be there.
 Three other people unrelated to the case.

The CJ/DCJ (either or both [note the exception]), plus the three people unrelated to the case must then vote on if they believe it is just to remove the BL. If it is deemed that it is just, then the BL will be removed from their role. Depending on their wrongs, they will either be fired or demoted. If it is deemed unjust for them to be removed, they will stay on, with either a formal warning that if they repeat their wrong actions, they will be removed, or without one if it is deemed they did no wrong. If the BL repeats their actions after being warned, the President is allowed to remove them from their post, provided they have evidence to do so.

EXCEPTION: If the BL has been offline/inactive for an extended period of time (e.g- one week) without warning or explanation, they may be temporarily removed, and a temporary BL be put in their place*. If they return without a valid explanation for their absence, the President and Vice President may decide together whether to give their rank back or not, however it must be explained to the Chief Justice or Deputy Chief Justice [note the exception] the reason/lack of reason the person gave. The CJ/DCJ will state whether they believe it is valid or not, and dependant on their answer the BL may or may not be removed. If the BL does not return within one week of having the temporary one, then they are to be officially removed from their rank**.

*The Deputy/5iC of the branch should be placed in the position temporarily, however if it is seen that there is someone better suited for the job then in some circumstances the other person may be given the position.

**When the person is officially removed from the rank, a HR spot in that branch may be reserved for them for up to 5 days, then the reservation may be removed. The temporary leader of the branch would become the official leader.

The Removal of a Chief of Staff (By the People)

If the Staff of the White House are unhappy with the way their Chief of Staff is treating or representing them, then this law will allow them to do something about that, if the President fails to fix the problem.

Step One: The Meeting

The Staff must organise a meeting with the following people;

 The Chief Justice and/or Deputy Chief Justice.
 The President.
 The Vice President.
 All Staff who have an objection to the COS.
 The COS in question.

EXCEPTION: For each person unable to make it to the meeting, one member from Cabinet must go to the meeting, exception being the President. In this case two members from Cabinet must attend the meeting.

IN ADDITION: It should not be the case that the meeting consists of people on one 'side' or another.

At this meeting, the following must happen;

 The reason must be stated by the Staff as to why they wish the COS to be removed, and whether or not they have evidence against said COS.
 The CJ/DCJ would state whether they believe a Trial should take place against the COS or not.
 If it is deemed a Trial is necessary, then a date and time must be released (at least 48 hour notice). If it is deemed a Trial is unnecessary, then a discussion must take place to decide the best course of action to move forwards.
 All evidence must be stated at the meeting that will be given against the COS.
 All evidence the COS wishes to use at the trial must also be stated.

EXCEPTION: Any NEW evidence (e.g – if the COS repeats what they were accused of again after the meeting but before the hearing) may be submitted BEFORE the Trial is to take place.

Step Two: The Trial

If it is decided it is necessary, a Trial must take place against the COS. The usual court customs, traditions etc. must be obeyed, and it would run as a normal trial.

EXCEPTION: If the Chief of Staff refuses to attend the meeting, then the hearing will take place regardless. If they fail to show up to the Trial without a valid reason, it will be ruled against them and consequently they will be removed from their position.
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OhHeyItsKeir
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