Saturday, February 24, 2007

Articles of Alliance between ADN and independent regions

Articles of Alliance for the Alliance Defense Network

Original version passed into law on 19 October 2004

I. Formation of The Alliance Defense Network

A. The Alliance Defense Network (ADN) is hereby formed by the undersigned representatives as an alliance for their collective security and well being.
No region shall be compelled to sign this document. If any sort of compulsion is proven, the alliance between the ADN and the offended region will be terminated.
Should a region become a signatory to the ADN Charter under false pretenses, the alliance between the ADN and the offending region will be terminated.
All member regions have the sovereign right to decide their own diplomatic course, and the ADN renounces any claim to represent the individual member regions diplomatically. This Alliance does not have the power to declare war.
No region may become a member of the ADN if they are allied with organizations, regions, or groups declared as Enemies of The ADN.
Should a region become allied with an organization, region or group known to be an Enemy of The ADN, the alliance between the ADN and the offending region will be terminated.

B. All member regions have the right to repudiate (renounce membership in) these Articles of Alliance.
The member region’s appointed ADN Representative shall deliver a public Notice of Repudiation to the ADN Director two weeks before the intended date of repudiation.
No member of a region, other than the ADN Representative, may deliver a Notice of Repudiation.
The chief executive of said region’s government, or their appointed representative, may disavow a Notice of Repudiation.

C. ADN members pledge to defend any and all member regions against attack.
Defense of member regions is mandatory.
Any region refusing to send aid to another member, having been notified of the situations and having forces available or forces not in defense of their home region from present danger[/color], may, according to Tribunal decision:
a. Have status as an ADN region revoked;b. Be accorded status as an Enemy of the ADN.

D. New regions may be admitted to this Alliance should they so sign these Articles.
An applicant region shall fill out the proper questionnaire, to be determined by the Director or inferior officers.
The AIA in conjunction with the Director, shall make a formal recommendation to the Council.
The Council shall vote by a simple majority for admittance to the ADN.
Should the Council vote yea, the applicant region shall be a full member of the ADN.

E. All powers not given to the ADN for the purposes of defense are reserved to the regions who have entered into this Alliance.

F. Amendments
Amendments to these Articles of Alliance must be passed by The Council of Representatives by a two-thirds (2/3) majority.
Amendments that have been approved by the Council are subject to veto by the Director.
The Director’s veto may be overridden by a two-thirds (2/3) majority of the Council of Representatives.

II. Governance of the Alliance Defense Network

A. Director

The Director is the Chief Executive of the ADN.
The Director is Commander-in-Chief of the ADN Military.
The Director must not be a member of the Council of Representatives.
The Director is elected to office by a vote of the Council of Representatives, duly nominated and seconded. Once the Director is appointed, it is presumed to be a lifetime position, unless the Director resigns or is removed from office. Upon resignation, removal, or a written declaration of absence to the Council of Representatives, the Deputy Director shall be made Acting Director, and in the case of a written declaration of absence by the Director, the Acting Director shall remain Director, pending a written declaration of return to the Council of Representatives. Should the Director be absent for small periods of time during which decisions of necessity must be made quickly, the Deputy Director is empowered to act in the Director's stead. Should the Director be absent for a period of more than two weeks without a declaration of absence, the Deputy Director shall be made Acting Director until a written declaration of return shall be given to the Council. Upon absence for more than two weeks after the Acting Director has been made Director, elections shall be held for the position of Director.
The Director may be removed from office by a 2/3 majority vote of the Council of Representatives. Such a vote shall be by secret ballot.
The Deputy Director who will serve as Acting Director should the Director be unable to serve, shall be elected every three months. Any member of the ADN may stand for Deputy Director, but should a Council Representative win such an election, that person must resign from the post of Council Representative, and the region from whom the Deputy Director originates shall appoint a new Council Representative in whichever manner they see fit.
All decisions made by the Council of Representatives are subject to veto by the Director.
The Director is empowered to decide access levels for all members.
The Director may restrict access of any ADN member, at any time.
The Director is empowered to pardon any and all offenses.
The Director, to aid him/her in the performance of his/her duties, may:
a. Appoint a Cabinet that serves at his/her pleasure;b. Retain the services of advisors that serve at his/her pleasure;c. Organize Departments as he/she sees fit.

B. Council of Representatives

Representatives are appointed by member regions, according to their own style of governance.
One (1) Representative vote is authorized per regional member.
If a Representative is absent from more than three consecutive votes without written notice to the Council, that Representative shall be removed from their position, and a written notice shall be given by the President to the government of that former Representative’s region, informing them of that removal, upon which the region shall appoint a new one by whichever means they please.
A simple majority (50% plus one vote) of standing members is required for passage of all resolutions except when noted.
Resolutions are binding, in that refusal of an ADN member or region to act accordingly will be subject to summary dismissal.
The Director’s veto may be overridden by a two-thirds (2/3) majority of the Council of Representatives. The Director cannot veto the override.
Debate on proposed resolutions will occur only before a motion for a vote is made and seconded. This shall not be construed in a way so as to force a motion and second before debate has been caused to be closed by the President so as to force a vote.
The Council shall vote for the confirmation of all cabinet members appointed by the Director. This shall not be construed so as to prevent the Director from removing any Cabinet member or inferior officials at his/her pleasure.
The Council shall have a veto, requiring two-thirds of the Council to be in concurrence, over the actions of the Director and inferior officials. The Council veto cannot be vetoed by the Director. No injunction against ongoing actions shall occur during a veto vote. No veto shall be retroactive for actions occurring before the ratification of these Articles.
Voting
a.Voting shall occur one day after a motion for a vote has been made and seconded in order to allow the Council President to contact all Regional Representatives.b. All votes will proceed in an open and orderly manner.c. No Representative may change their vote once it has been cast.d. A vote of “Aye” indicates an affirmative vote. A vote of “Nay” indicates a negative vote. A vote of “Abstain” indicates abstention from the vote. No other responses will be tallied.e. Should a vote be deadlocked, the current Deputy Director will cast the tie-breaking vote.[LIST] i. In an election for the position of Deputy Director in which the incumbent is a candidate, the Director shall have the deciding vote should it be deadlocked at the end of the voting period.f. Votes shall remain open for a period of eight (8) days.[/LIST]

C. Council of Representatives President

The Council of Representatives will elect a President from among them at intervals of three (3) months.
The President of The Council of Representatives will be responsible for:
a. Maintaining order and decorum while the Council is in Session;b. Administering all votes of the Council and reporting the results to the Director.;c. Contacting all Regional Representatives via personal message in the day before an eight-day vote begins (persuant to Art. II Sect. B Para. 10 Subsect. with:[LIST]i. the content of the billii. the official starting time to votingiii. the official ending time to voting[/LIST]

III. Tribunals

A. Complaint Procedure

A Complaint may be brought forward by any ADN member or region in good standing against any other ADN member or region for an action deemed as illegal within the ADN.
The Complaint will be referred to the Director, or their appointed representative in such matters.
The Director, or their appointed representative, must investigate the merits of the Complaint.
If the Complaint is found to have merit Charges will be issued naming the accused, the accuser(s), and the nature of the charge(s).

B. Tribunal Convened

Once Charges issue, the Council of Representatives will convene as a Tribunal, with the President of the Council acting as Chief Tribune.
The Director must appoint an ADN member in good standing to act as Prosecutor.
The Accused may retain legal counsel of one ADN member in good standing to speak on their behalf if they so desire.

C. Proceedings before the Tribunal

The Prosecutor presents evidence and questions witnesses.
The Accused presents evidence and questions witnesses.
All evidence used by either party is to be presented to the Court in a forum that both parties have access to.
The Tribunal questions The Accused and any witnesses it sees fit, mediated by the Chief Tribune.
At the close of evidence, the Tribunal retires to a closed chamber for discussion and vote.
A simple majority (50% plus one vote) of Tribunal members voting to convict is sufficient in all cases.

D. Sentencing Procedure

If the Accused in convicted of any charges, the Director, or his/her appointed representative, will propose a sentence to the Tribunal.
The Tribunal must accept or reject the proposed sentence by a simple majority (50% plus one vote). A tie shall follow heretofore laid out procedure.
If the Tribunal rejects the proposed sentence, the President shall provide a written explanation of the rejection and a suggestion to the Director for a proper sentence and, it will be sequestered until such time as the Tribunal and the Director can agree upon a sentence.

E. Appeals Procedure

There will be no appeals procedure as such.
If evidence is later produced to exonerate a member or region convicted at Tribunal, it should be presented to the Director for consideration of a pardon.IV. Illegal Actions within the Alliance Defense Network
Treason against the ADN or its members. Treason is defined as attempting to overthrow the government of an alliance member region to which the offender owes allegiance, or of betraying the region into the hands of a foreign power or attempting to overthrow the government to which one owes allegiance, either by making war or by materially supporting its enemies.
Espionage against the ADN or its member regions. Espionage is defined as the practice of using spies, or other means, to collect information about what the ADN or its members are doing or plan to do.
Aggression against fellow ADN members or allies. Aggression is defined as the act of initiating invasion or hostilities, which may include propaganda and fifth column activities.
Invading regions for the purposes of conquest. Conquest is defined as the occupation of a region with the intention of extending its sovereignty over that region.
Conduct detrimental to the proper functioning of the ADN.
Allying or supporting Enemies of the ADN.
Posting any sensitive information from the ADN forum elsewhere, excepting orders for the movement of troops via methods of communication secure and safe on regional forums, necessary for defensive missions.

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