WHEREAS, the people of the Galactic Republic are entitled to choose their representatives;
WHEREAS, the Galactic Republic has a right and a duty to ensure the interests of the entire Galactic Republic are served by the Galactic Senate;
WHEREAS, the Galactic Senate should have the right to expel from its Chamber, Members who have egregiously violated the principles or laws of the Galactic Republic;
WHEREAS, the process by which a Member is expelled from the Senate Chamber is not yet codified and thus subject to abuses that accompany ambiguity.
THEREFORE, BE IT RESOLVED:
I. The Republic Senate shall establish procedures for the creation of a Senate Select Committee on Ethical Oversight who shall be tasked with investigating reports of ethical, legal, or other misconduct on the part of a sitting Member of the Senate, including voting and non-voting representatives, administrative staff, Speakers and Prime Ministers (or equivalent officers, for purposes of future reform).
A. The assembly of the Committee shall proceed in the general course of the assembly of any other Committee with the following exceptions:
i. The Prime Minister (or equivalent officers, for purposes of future reform) shall not sit on the Select Committee
ii. The Chairmanship of the Select Committee shall rotate, not less than twice per year, on a schedule to be determined by the Select Committee
iii. Investigations begun under a Chairmanship will continue under that Chairmanship until such investigation is concluded, with the following exceptions:
a. A majority vote may remove a Chair from an investigation if the Select Committee suspects bias, mishandling, or other just cause for his or her removal.
b. A Member who is the subject of an investigation may not Chair or vote on the Select Committee's findings.
II. The Republic Senate shall establish a mechanism by which complaints of ethical, legal, or other misconduct by a Member can be reported, anonymously or otherwise, to the office of the Prime Minister (or equivalent officers, for purposes of future reform). The Prime Minister shall immediately convey the complaint to the current Chair of the Select Committee above-referenced in Section I. The Prime Minister shall not exercise discretion as to communicating complaints.
III. The Select Committee shall investigate, to the best of its ability, the truth of such allegations made to it. To that end, the Select Committee may, at its discretion:
A. Convene public or private hearings to question involved parties, subject matter experts, etc.
B. Compel the production of testimony and/or documents through the power of subpoena.
C. Determine, by majority vote, whether a party compelled to testify has maintained or waived his or her right to silence. An individual waives his or her right to silence by appearing before the Select Committee, any other Senate Committee, the media or another public forum to speak on the matter at hand. An individual does not waive his or her right to silence by appearing before the Select Committee, any other Senate Committee, the media or another public forum and maintaining his or her right to silence.
D. Detain and prosecute any such witness compelled to testify who has been determined to have waived his or her right to silence on grounds of Contempt of the Senate.
E. Determine, by majority vote, whether a document is covered by any such privilege that would make its disclosure to the Select Committee privileged.
IV. The Select Committee shall at all times proceed with attention to Due Process, individual rights and the rights of Republic citizens to enjoy the representation they have elected. To that end, the Select Committee shall:
A. Allow a Member under investigation to represent himself, or to procure representation for himself
B. Allow a Member under investigation unfettered access to all such documents, testimony, or other information gathered during the course of the investigation.
C. Allow a Member under investigation to compel the production of testimony and/or documents through the power of subpoena
D. Operate from a position that the Member under investigation is innocent until proven guilty beyond a reasonable doubt.
V. Upon the finding of the Select Committee that a Member is in violation, the Chair under whom the investigation was conducted (or completed, in such time that Article I, Section A(iii)(a) or Article I, Section A(iii)(
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requires a Chair not conclude his or her investigation) shall provide all Members with access to the Select Committee record on the investigation, and prepare a report to the full Senate containing the following information:
A. Details of the allegation of misconduct and the nature of it (legal, ethical, etc.)
B. Key findings to support the guilty verdict of the Select Committee
C. The recommendation of the Committee for action to be taken by the Senate
D. For criminal violations discovered during the course of an investigation, the Chair shall alert the appropriate authorities in addition to taking the above-referenced steps.
VI. Upon receipt of the above-referenced report, the Galactic Senate shall convene to deliberate on the findings. Any such Member, excluding members of the Select Committee and the Member under investigation, shall have the right to pose questions to the Chair of the Select Committee or to the Member under investigation. Within ten days of a report from the Chair of the Select Committee, the Senate shall:
A. Convict or acquit the Member under investigation of the conduct alleged in the Select Committee's findings
B. If a Conviction is voted for, the Senate shall determine what, if any, consequences may follow. Such consequences may include:
i. Suspension of guilty Member's personal salary (majority vote)
ii. Formal and public denunciation of the Member (majority vote)
iii. Remove guilty Member's committee assignments (majority vote)
iv. Expel guilty Member from the Chamber (3/4 majority vote)
VII. Under no other method may a Member be expelled from the Chamber. No less than three quarters of the Chamber must approve of the Member's expulsion for it to have the force of law.