[2543.AB] Deputies and Separation of Powers

[flowerpetal]

Generally support the sentiment. However, I’d like to point out an edge case, which is if a Deputy Chair ascends to Chair in the case of a vacancy:

@Legislative Procedure Act

2. Office of the Chair

[…]

(4) In the event that the Chair of the Assembly office is vacant, the senior-most Deputy Chair of the Assembly, by order of appointment and availability, shall become Chair of the Assembly.

Now let’s take a look at the relevant portions of the Charter regarding restrictions on holding more than one office:

@The Charter

VIII. SEPARATION OF POWERS

[…]

(2) No individual may hold more than one Office of the Coalition at any time.

[…]

(4) Election, appointment, or appointment and Assembly confirmation to a new office constitutes explicit resignation of an existing office.

Suppose the Chair resigns, and the senior-most Deputy Chair is also a Cabinet minister. Since Section 4 doesn’t explicitly cover ascending to an office in case of a vacancy, there is ambiguity whether this person would 1) ascend to Chair and resign as Cabinet minister, or 2) be considered not “available” for the purposes of Article 2, Section 4 of the Legislative Procedure Act.

I propose we clarify this with the following amendment to the Legislative Procedure Act, which I believe produces the least amount of disruption:

@Legislative Procedure Act

2. Office of the Chair

[…]

(4) In the event that the Chair of the Assembly office is vacant, the senior-most available Deputy Chair of the Assembly, by order of appointment and availability, shall become Chair of the Assembly. A Deputy Chair is considered available if they can immediately become Chair without needing to resign another office.