Senate Report MMDCCLXV January 27 (Nova Roma)
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Aulus Liburnius Hadrianus Tribunus Plebis Quiritibus SPD Senate Voting Results published on 2/5/2012
Formal debate ended on 27-JAN-2012 at 07:19 PM Roman time. Voting began immediately afterward and ended on 31-JAN-2012 at 05:23 PM Roman time. Results were officially published by the presiding magistrate Consul Cn. Iulius Caesar on the Senate list on (31-JAN-2-12).
The Senate has finished its latest session and the votes have been tallied as follows:
The following 17 senators or voting members of the Senate cast votes in time. They are referred to below by their initials and are listed in alphabetical order by nomen:
M. Cassius Julianus (MCJ) Sta. Cornelia Aeternia (SCA) M. Cornelius Gualterus Graecus (MCGG) L. Cornelius Sulla (LCS) C. Equitius Cato (CEC) Q. Fabius Maximus (QFM) Ti. Galerius Paulinus (TGP) Cn. Iulius Caesar (CnIC) T. Iulius Sabinus (TIS) D. Iunius Palladius Invictus (DIPI) M. Minucius Audens (MMA) C. Petronius Dexter (CPD) G. Popillius Laenas (GPL) Q. Suetonius Paulinus (QSP) A. Tullia Scholastica (ATS) G. Tullius Valerianus Germanicus (GTVG) G. Vipsianus Agrippa GVA)
The following 1 senator or voting member of the Senate did not cast a vote or did not cast a vote on time and absence was not announced or justified in line with the Senatus Consultum on Defining a Quorum and the LEX OCTAVIA DE SENATORIBUS:
- P. Ullerius Stephanus Venator (PUSV)***
The following 1 senator or voting member of the Senate was not allowed to cast a vote because the process of his conscription into the Senate is not complete:
- L. Equitius Cincinnatus Augur (LECA)***
Therefore, the necessary majority for a Senatus Consultum was 9 votes in favor. "UTI ROGAS" indicates a vote in favor of an item, "ANTIQUO" is a vote against, and "ABSTINEO" is an open abstention.
The items for consideration were as follows: Agenda
A) Item 1.a: [passed - 17 in favor, 0 opposing] B) ITEM 1.a: AUTHORIZED SIGNERS (Item 1.a SC Authorized Signers.pdf) SENATUS CONSULTUM ON AUTHORIZED SIGNERS 1. The Senate authorizes the removal of all authorized signers on behalf of Nova Roma Inc. on any and all bank accounts held at the Bank of America in the name of Nova Roma Inc., with the exception of any person listed at 4 who may be a current signatory. 2. The Senate authorizes the addition of the persons listed below at 4 as authorized signers on behalf of Nova Roma Inc. on any and all bank accounts, or if such a person at 4 is already an authorized signer confirms their retention as such. 3. All persons at 4 will be authorized users of any PayPal account held in the name of Nova Roma Inc. 4. Tiberius Galerius Paulinus, Aula Tullia Scholastica and Lucius Cornelius Sulla Felix and the Chief Financial Officer (CFO) of Nova Roma Inc. if the CFO is not included in the preceding list of names. 5. The Senate instructs the CFO, or if that position is unfilled then Lucius Cornelius Sulla Felix and/or Tiberius Galerius Paulinus to ensure that all bank accounts are set so as to require signatures of the two authorized signers at on any cheque or withdrawal or transfer or other use of funds. 6. All authorized signers must provide their legal macronational names to the CFO, or if that position is unfilled then Tiberius Galerius Paulinus, and by accepting the position of authorized signer must post to the Senate list their acceptance of the position and their consent for their legal macronational names to be supplied to the relevant financial institutions, and that they further understand that use of the legal macronational names will be required in connection with their duties as an authorized signer.
C) Votes
- MCJ* - UTI ROGAS
- SCA* - UTI ROGAS
- MCGG* - UTI ROGAS
- LCS* - UTI ROGAS
- CEC* - UTI ROGAS
- QFM* - UTI ROGAS
- TGP* - UTI ROGAS
- CnIC* - UTI ROGAS
- TIS* - UTI ROGAS
- DIPI* - UTI ROGAS
- MMA* - UTI ROGAS
- CPD* - UTI ROGAS
- GPL* - UTI ROGAS
- QSP* - UTI ROGAS
- ATS* - UTI ROGAS - I trust that the inclusion of the two gentlemen listed alone in item 5 has something to do with their existing authorizations.
- GTVG* - UTI ROGAS - I would like to note that I share Senator Paulinus' concern that some things would have been better voted upon as individual items, but I recognize the tremendous job my colleague did in preparing this agenda, and the concern is a minor one.
- GVA* - UTI ROGAS
A) Item 1.b: [passed - 17 in favor, 0 opposing] B) ITEM 1.b: CFO (Item 1.b SC CFO.pdf) SENATUS CONSULTUM ON THE POSITION OF CFO 1. By this Senatus consultum, the Senate hereby defines the position of Chief Financial Officer (herein designated as " CFO"). An individual shall be appointed to the position of CFO by Senatus consultum, passing by simple majority, for a term of thirty-six months. 2. An individual appointed to, and accepting of, the position of CFO, shall be given access to all financial data and accounts, including but not limited to the deposit, credit, and brokerage accounts of the corporation and its associated entities, and all access methods thereto, as well as the surface mail directed to Nova Roma, Inc. 3. The CFO shall report directly to the co-presidents of Nova Roma, or in their absence, the co-vice presidents, and through them, to the Board of Directors. 4. The CFO shall have the ability to appoint and dismiss assistants as it sees fit, not to exceed four individuals, who shall be treated as under direct appointment by the Board of Directors. For their service, these individuals shall receive an amount of century points equal to those of regularly appointed scribae. 5. An incoming CFO shall be appointed to a term so as to overlap that of an outgoing CFO by three months, during which time the incoming CFO shall co-operate with the outgoing CFO to ensure smooth transition of necessary access to records and operations as outlined elsewhere in this and relevant consulta. An incoming CFO, during this three-month period, shall also assess the financial status and performance of the corporation and report the same to the Board of Directors, and complete and analysis of the financial results of the corporation and develop recommendations for future measures. 6. In the event of a vacancy in the position of CFO, the consuls shall have the authority to appoint, from the appointed assistants to the previous CFO, a CFO "pro tempore", for a term to last no longer than six months from the date of appointment. By the end of that time, the Board of Directors must appoint a new CFO, to serve the remainder of the previous incomplete term, or if less than six months remain of that term, to start a new term. 7. The CFO shall have overall responsibility for the financial data of Nova Roma and its associated entities, and shall oversee all financial operations of the organization, including, but not limited to: those undertaken by those individuals elected by the comitia, those undertaken by the provinciae and their subsidiaries, those undertaken by the sodalitates, and those undertaken by the sacerdotes publici as appointed by the Senate, Collegium Pontificum, or other body so empowered. 8. The CFO shall be responsible for the development and recommendation of financial protocols to ensure proper compliance with laws and regulations, both inside and outside Nova Roma, shall be responsible for the monitoring of internal financial controls and procedures, and shall produce financial reports to be provided to the Board of Directors at such frequency as required by Nova Roman law. 9. The CFO shall maintain financial oversight of all accounting practices, budget and cash management, oversight of debt financing, and shall undertake those administrative tasks related to maintaining the financial welfare of the corporation. 10. The CFO shall also oversee budgetary planning, make recommendations for budgetary measures, represent the organization to the financial community, work with the officers and other elected and appointed individuals to ensure operational success and compliance, minimize potential risks to the organization, and oversee business insurance plans. 11. The CFO shall have sole responsibility for the maintenance of the official post box for Nova Roma Inc. and shall locate it where is most convenient to do so. The Senate approves the annual, or otherwise as required periodic, expenditure of such funds as are necessary to keep and maintain this post box. This post box shall be the only one specified on the Nova Roma website / wiki as a direct mailing point of contact for Nova Roma. 12. The Senate of Nova hereby appoints Lucius Cornelius Sulla Felix as CFO of Nova Roma, Inc.
C) Votes
- MCJ* - UTI ROGAS
- SCA* - UTI ROGAS
- MCGG* - UTI ROGAS
- LCS* - UTI ROGAS
- CEC* - UTI ROGAS
- QFM* - UTI ROGAS
- TGP* - UTI ROGAS
- CnIC* - UTI ROGAS
- TIS* - UTI ROGAS - I worked with L. Cornelius and know he paid attention with seriousness to the job.
- DIPI* - UTI ROGAS
- MMA* - UTI ROGAS
- CPD* - UTI ROGAS - I absolutely trust in L. Cornelius Felix for this office.
- GPL* - UTI ROGAS
- QSP* - UTI ROGAS
- ATS* - UTI ROGAS - Uti rogas, with considerable reservations about the behavior of the party listed in item 12 and its impact on NR.
- GTVG* - UTI ROGAS
- GVA* - UTI ROGAS
A) Item 1.c: [passed - 17 in favor, 0 opposing] B) ITEM 1.c: DISBURSEMENTS (Item 1.c SC Disbursements.pdf) SENATUS CONSULTUM ON FINANCIAL DISBURSEMENTS 1. The purpose of this Senatus consultum is to streamline the disbursement of funds to pay for bills (both foreseen and unforeseen) and to keep the Board of Directors aware of the disbursement of funds. 2. For expenditures that have a fee of $50.00 or less the CFO has the discretionary authority to pay those expenditures as necessary. Notification to the Senate shall be required within 72 days after payment. 3. Any previously authorized expenditure where the amount is less than $50.00 greater than the budgeted amount the CFO has the discretionary authority to pay the bill. Notification to the Senate shall be required within 72 hours after payment. 4. Any previously authorized expenditure where the actual amount is more than $50.00 over the previously authorized amount – but less than $200.00 than the budgeted amount both consuls together will have the discretionary authority to authorize the CFO to pay the bill. 5. Any previously authorized expenditure where the amount is greater than $200.00 of the previously budgeted amount requires Senate approval to direct the CFO to issue payment. 6. Any item that is not listed as a previous expenditure, but exceeds $50.00 will come out of the consular discretionary funds – to a max of $500.00 per Consul (per year). The Senate may choose to reimburse the consular discretionary fund, if it so chooses. 7. Any item that is not listed as a previous expenditure, but exceeds the $500.00 cap of the consular discretionary fund must be approved by the Senate of Nova Roma within a Net 30 timeframe – beginning from the date of notification by the CFO to the Consuls or Senate, whichever is sooner. If a session of the Senate to authorize or refuse payment of this issue is not scheduled to conclude within 20 days after notification is given the financial oversight committee will have authority to authorize payment from the general fund.
C) Votes
- MCJ* - UTI ROGAS
- SCA* - UTI ROGAS
- MCGG* - UTI ROGAS
- LCS* - UTI ROGAS
- CEC* - UTI ROGAS
- QFM* - UTI ROGAS
- TGP* - UTI ROGAS
- CnIC* - UTI ROGAS
- TIS* - UTI ROGAS
- DIPI* - UTI ROGAS
- MMA* - UTI ROGAS
- CPD* - UTI ROGAS
- GPL* - UTI ROGAS
- QSP* - UTI ROGAS
- ATS* - UTI ROGAS
- GTVG* - UTI ROGAS
- GVA* - UTI ROGAS
A) Item 1.d: [passed - 16 in favor, 1 opposing] B) ITEM 1.d: REMISSION OF TAX LUCIUS CINCINNATUS (Item 1.d SC Remission of Tax.pdf) SENATUS CONSULTUM ON REMISSION OF THE TAX IN THE FAVOUR OF LUCIUS EQUITIUS CINCINNATUS AUGUR I. The Senate recognizing the manifest injustice done to him during the course of a process styled a “trial” in 2761 A.U.C. hereby authorizes the censors to record in the Album civium that Lucius Equitius Cincinnatus Augur is to be credited with three full years of tax remission. II. The period of remission is equal to the three years, 2762 A.U.C. to 2764 A.U.C. inclusive, that Lucius Equitius Cincinnatus Augur remained subject to this injustice. III. The Senate further authorizes the censors to additionally register Lucius Equitius Cincinnatus Augur as being of assidui status for the remainder of the current tax year (2764 A.U.C. to 2765 A.U.C), in recognition of the period of nine months in 2761 A.U.C. that he was subject to this injustice. IV. The monetary rate at which this credit shall be valued shall be equal to whatever the monetary amount of tax that would have been due and payable by Lucius Equitius Cincinnatus Augur during any tax period when such credit is redeemed by him in lieu of paying tax. V. Any such redeemed credit at section IV shall be in full and final settlement of any amount due, for the tax year in which it was redeemed, in order to qualify for assidui status.
C) Votes
- MCJ* - UTI ROGAS - This "tax" should never have been put in place and must be removed in order for there to be any kind of fair resolution to this past situation.
- SCA* - UTI ROGAS - I agree this is the right thing to do and welcome back Cincinnatus.
- MCGG* - UTI ROGAS
- LCS* - UTI ROGAS
- CEC* - UTI ROGAS
- QFM* - UTI ROGAS - Hopefully this puts an end to a sad chapter of Nova Roma's history and rights the wrong to L Equitius at the hands of Nova Roman magistrates.
- TGP* - UTI ROGAS - Good thing we can have the opportunity tp correct this erorr L Equitius from previousof Nova Roman magistrates.
- CnIC* - UTI ROGAS
- TIS* - UTI ROGAS - I join to all who want to end this chapter from the NR past.
- DIPI* - UTI ROGAS
- MMA* - UTI ROGAS
- CPD* - ANTIQUO - The Senate is not the re-writer of the past. Let's the historians do that job. L. Equitius Cincinnatus did not want to defend himself against a trial. It was his right. It is not the job of the Senate to endorse those who judge something unfair, without any public trial, by their own.
- GPL* - UTI ROGAS
- QSP* - UTI ROGAS
- ATS* - UTI ROGAS Uti rogas, though the language in the first section is rather inflammatory and hardly appropriate for a legal document. I welcome Cincinnatus back to us, and hope that he will resume his more active role in Nova Roma, including his flaminate.
- GTVG* - UTI ROGAS
- GVA* - UTI ROGAS
A) Item 2: [passed - 17 in favor, 0 opposing] B) ITEM 2: PAYMENTS JANUARY 2012 (Item 2 SC Payments Jan 2012.pdf) SENATUS CONSULTUM ON PAYMENTS JANUARY 2012 I. The Senate approves the below specified payments to the following corporations: 1. $720.00 USD to Fredrik Consulting AB for Nova Roma web hosting 2011-09-01 to 2012-08-31 2. $245.00 USD to Ainsworth, Thelin & Raftice, P.A for services as Registered Agent II. The Senate approves reimbursement payments of all amounts expended by the consular Publius Ullerius Stephanus Venator during his consulship on behalf of Nova Roma Inc. This approval is conditional on: 1. The presentation of invoices and/or receipts, in respect of such payments made by the consular Publius Ullerius Stephanus Venator, to the Chief Financial Officer (CFO) of Nova Roma, or if that position is unfilled then to the Consuls. 2. The invoices and/or receipts at II.1 being to the satisfaction of the CFO, or if that position is unfilled then to the satisfaction of the Consuls, a payment of a debt owed by Nova Roma Inc. 3. Any original invoices and/or receipts submitted for payment at II.1 must be mailed to the CFO or if that position is unfilled then to the consul Gnaeus Iulius Caesar. Such original invoices and/or receipts must be retained and scanned copies of each subsequently uploaded to the files section of the Senate list. III. The Senate approves expenditure of no more than $50 USD for any required mandatory filing in relation to the non-profit status of Nova Roma Inc. A confirmation post with a link to the relevant Maine State government website showing the exact amount of the filing fee shall be posted to the Senate list before such payment shall be made. Confirmation is also required that the requisite forms have been submitted. The person filing them shall post this to the Senate list. In the absence of such a link, then any other method of documentation/confirmation of the exact amount of the filing fee shall be posted to the Senate list before such payment shall be made. IV. The method of payment for the payments at I to III inclusive shall be from either: 1. Any appropriate account in the name of Nova Roma Inc. at the Bank of America, paid by cheque by signed by two authorized signatories on such account. 2. If the appropriate account at IV.1 is unavailable or inaccessible for any reason then from the Pay Pal account of Nova Roma Inc. 3. In the event that IV.b is the chosen method of payment, then the Senate authorizes Lucius Cornelius Sulla Felix to execute such a transaction. V. If any recipient of such payments at I to III inclusive does not have a corresponding Pay Pal account to receive such a payment then the Senate authorizes Lucius Cornelius Sulla Felix to pay the amount required from his own funds on behalf of Nova Roma Inc. and to reimburse himself in full settlement of only that exact amount expended. VI. All other invoices and/or receipts apart from those at II.1 in respect of these payments must be dealt with by the same process at II.3
C) Votes
- MCJ* - UTI ROGAS
- SCA* - UTI ROGAS
- MCGG* - UTI ROGAS
- LCS* - UTI ROGAS
- CEC* - UTI ROGAS
- QFM* - UTI ROGAS
- TGP* - UTI ROGAS
- CnIC* - UTI ROGAS
- TIS* - UTI ROGAS - I hope for new host as time the current one is expensive and not professional.
- DIPI* - UTI ROGAS
- MMA* - UTI ROGAS
- CPD* - UTI ROGAS
- GPL* - UTI ROGAS
- QSP* - UTI ROGAS
- ATS* - UTI ROGAS - though I would be more comfortable with the title of the office being used rather than the name of the person.
- GTVG* - UTI ROGAS
- GVA* - UTI ROGAS
A) Item 3: [passed - 17 in favor, 0 opposing] B) ITEM 3: IT TASK FORCE (Item 3 SC IT Task Force_rev_1_new.pdf) SENATUS CONSULTUM ON THE CREATION OF AN INFORMATION TECHNOLOGY TASK FORCE I. The Senate authorizes the creation of an Information Technology Task Force (ITTF). II. The mandate of the ITTF, which it is authorized to execute to completion, shall be: 1. The recovery of full control over the user identity log in codes and passwords for all aspects of the Nova Roman website, web page and Wiki, including, but not limited to, the Censorial database tools and cista. 2. The recovery of full control over the Nova Roman Internet domain name novaroma.org and to take steps after such recovery to insure that the domain name, as well as any associated service marks, are registered under the legal name of the corporation and not to any individual member or official of Nova Roma. 3. The relocation of the Nova Roman domain to a USA based server and web host. Such a relocation must seek the most competitive dollar rate possible for the maximum amount of upload and download bandwidth, whilst providing the necessary level of technical and software support services. 4. Any necessary repairs and updates to the Nova Roman Wiki. 5. Any other information technology based issue that is identified within the existing software of the web page, Wiki and censorial database and cista, together with an evaluation of the CMS or other non-wiki web platforms. 6. The backup to a storage medium of all messages on the Nova Roman forum (aka “The Main List), all Senate lists and the censorial database. 7. A full and comprehensive investigation of the state of the current Nova Roman cista (as distinct from the votingplace.net cista) and censorial database and tools to establish whether all or any of this software needs to be: a. Repaired or altered to conform with any actual or likely security requirements of a USA based server and web host, and whether any such repair or alteration is likely to be an acceptable risk and/or cost based on: i. The degree of complexity involved to the integrity of the applications and data and the assessed danger from any such repair or alteration. ii. The length of time necessary to undertake such repairs or alterations. iii. The cost of such repairs or alterations set against the likely remaining effective lifespan of the applications and the likelihood and frequency of predicted or identified future repairs and alterations. b. Replaced due to the analysis of risk and/or cost at II.7.a 8. A full and comprehensive investigation of alternative applications in respect of any application identified by the process at II.7.b and to estimate the dollar cost of such alternatives and to: a. Report to the Senate the estimate if it is not revenue neutral expenditure and seek authority for the purchase and deployment of such alternative applications. b. Initiate the immediate design and testing of such applications only if it is revenue neutral expenditure. Upon successful conclusion of such design and testing the ITTF will take the necessary steps for the immediate deployment and use of such alternative applications. III. The ITTF shall be a committee of the Senate chaired by the consul Gnaeus Iulius Caesar, who is authorized to appoint such persons of his choosing to the committee. Such persons need not be members of the Senate and should have a required degree of technical skills and ability, with a relevant background. IV. The ITTF shall deliver, through the chair Gnaeus Iulius Caesar, a report to the Senate list every four months commencing from the date of enactment of this Senatus consultum, until such time as its mandate is completed. V. Upon completion of its mandate the ITTF shall be dissolved.
C) Votes
- MCJ* - UTI ROGAS
- SCA* - UTI ROGAS
- MCGG* - UTI ROGAS
- LCS* - UTI ROGAS
- CEC* - UTI ROGAS
- QFM* - UTI ROGAS - If I may be permitted: We need a functional website that can be made secure. We don't need Latin sound effects the score of Gladiator or even Ben Hur as some people have said over the years. The attraction of Nova Roma is Nova Roma itself. We do not need bells and whistles on our website. Recall what a famous Roman Censor once spoke. Look to Greece for frivolity and in decision, look to Rome for sober consideration and people who fellow the Law."
- TGP* - UTI ROGAS
- CnIC* - UTI ROGAS
- TIS* - UTI ROGAS.
- DIPI* - UTI ROGAS
- MMA* - UTI ROGAS
- CPD* - UTI ROGAS
- GPL* - UTI ROGAS
- QSP* - UTI ROGAS
- ATS* - UTI ROGAS
- GTVG* - UTI ROGAS
- GVA* - UTI ROGAS
A) Item 4: [passed - 16 in favor, 1 opposing] B) ITEM 4: BUDGET 2765 (Item 4 SC Budget 2012_rev_1_new.pdf) SENATUS CONSULTUM ON THE BUDGET FOR 2765 A.U.C The purpose of this Senatus consultum is to establish the Nova Roman budget for 2765 A.U.C. This is a provisional budget until full control of the bank accounts is established. The operating fund, until the accounts are recovered will be the Nova Roman PayPal account. The Senate authorizes all forecast estimated expenses up to the amounts indicated below.
KNOWN EXPENSES $ NOTES
Registered Agent Fee (Arrears) 245.00 Web hosting (Part arrears & paid forward 2012) 720.00 TOTAL 965.00 FORECAST ESTIMATED EXPENSES
Postage and Mailing Fees 60.00 Directors and officers insurance 500.00 Discretionary Fund 200.00 General & Administrative Bank Charges 50.00 Mailbox Rental 80.00 QuickBooks Online 480.00 Web Domain Registration - Paid for 2 years in 2010 Web Hosting (01-Sep-12 to 31-Aug-12) 720.00 Will be less after relocation to USA TOTAL General & Administrative 1330.00 Legal & Professional Filing Fees 50.00 Records Fees 10.00 Registered Agent (Annual fee) 200.00 Registered Agent (Consultation fee) 150.00 TOTAL Legal & Professional 410.00 PayPal Fees 150.00 Reimbursements 300.00 Estimated expended by consul 2011 TOTAL EXPENSES 3915.00 INCOME Tax 2200.00 Assuming no loss/gain on 2011 amount TOTAL INCOME 2200.00 Excludes interest, donations etc. OPERATING FUND PayPal account Payments account 2995.54 Funding account 3236.63 TOTAL OPERATING FUND - CURRENT 6232.17 NET INCOME (1715.00) TOTAL OPERATING FUND – PROJECTED 4517.17
C) Votes
- MCJ* - UTI ROGAS
- SCA* - UTI ROGAS
- MCGG* - UTI ROGAS
- LCS* - UTI ROGAS
- CEC* - UTI ROGAS
- QFM* - UTI ROGAS
- TGP* - UTI ROGAS
- CnIC* - UTI ROGAS
- TIS* - UTI ROGAS.
- DIPI* - UTI ROGAS
- MMA* - UTI ROGAS
- CPD* - ANTIQUO. - This budget is in deficit, even if fortunately some funds permit to prevent the entire bankruptcy of Nova Roma. The result is that this SC estimates a loss (net income) of $1715,00. This projection of less money this year in comparison with the last year is not ambitious.
- GPL* - UTI ROGAS
- QSP* - UTI ROGAS
- ATS* - UTI ROGAS
- GTVG* - UTI ROGAS
- GVA* - UTI ROGAS
A) Item 6.b: [passed - 16 in favor, 1 opposing] B) ITEM 6.b: CURULE AEDILE (Item 6.b SC Curule Aedile.pdf) SENATUS CONSULTUM ON THE APPOINTMENT OF CURULE AEDILE I. In recognition of the forthcoming ludi that need to be celebrated, and due to only two candidates having stood for those magistracies for the year 2764 A.U.C and there being, as a result, no unsuccessful candidates to draw from, and due to the constitutional provision for dealing with a mid-term vacancy not applying, and due to the absence of candidates offering themselves for election as Curule aedile for this year, and as there is no legal impediment or prohibition to prevent this, the Senate appoints Gaia Maria Caeca as Curule aedile to serve out the remainder of this year, 2765 A.U.C., in that position. II. Gaia Maria Caeca shall have all the honors, powers, and obligations of Curule aedile as at IV.A.4 of the Constitution of Nova Roma, as though she had been elected to this position. III. Gaia Maria Caeca shall be required to take the oath of office as required by the lex Iunia de iusiurando IV. In accordance with III.A.1 of the Constitution of Nova Roma Gaia Maria Caeca will require the comitia curiata to witness her appointment before she can exercise the rights and powers of imperium.
C) Votes
- MCJ* - UTI ROGAS
- SCA* - UTI ROGAS - My congrats to C. Maria Caeca, appointment well deserved.
- MCGG* - UTI ROGAS
- LCS* - UTI ROGAS
- CEC* - UTI ROGAS
- QFM* - UTI ROGAS
- TGP* - UTI ROGAS
- CnIC* - UTI ROGAS
- TIS* - UTI ROGAS. - I see this item as a basic solution and a compromise to have games this year and through them, religious festivities. In normal circumstances, the right to decide was of comitia. When it comes about the appointed person, I know C. Maria deserve the trust and will perform with honor her duties.
- DIPI* - UTI ROGAS
- MMA* - UTI ROGAS
- CPD* - ANTIQUO - We have to appoint a couple of Aediles curules. I recall that the magistracies are collegial, at least with 2 members or elected or appointed.
- GPL* - UTI ROGAS
- QSP* - UTI ROGAS
- ATS* - UTI ROGAS - et libentissime. Caeca will make a fine curule aedile
- GTVG* - UTI ROGAS
- GVA* - UTI ROGAS
A) Item 6.c: [passed - 17 in favor, 0 opposing] B) SENATUS CONSULTUM ON THE APPOINTMENT OF CUSTODES AND ASSISTANTS I. In recognition of the absence of candidates offering themselves for election for custos for this year, and as the provision at section V of the Lex Equitia de vigintisexviris appears concerned with filling a mid-term vacancy, the Senate appoints as custos, each to serve out the remainder of this year 2765 A.U.C. 1. Titus Iulius Sabinus 2. Quintus Caecilius Metellus Pius Postumianus II. Titus Iulius Sabinus and Quintus Caecilius Metellus Pius Postumianus shall have all the honors, powers, and obligations of custos as II.D of the Lex Equitia de vigintisexviris, as though they had been elected to this position. III. Titus Iulius Sabinus and Quintus Caecilius Metellus Pius Postumianus shall be required to take the oath of office as required by the lex Iunia de iusiurando. IV. The Senate appoints Aulus Liburnius Hadrianus and Vibius Valerius Volusus to act as assistants to Titus Iulius Sabinus and Quintus Caecilius Metellus Pius Postumianus and to act as their deputy should one or both be unavailable at anytime during the course of any voting that requires use of the cista. No oath shall be required of them. V. Should either of the assistants also be presiding magistrate of a comitia when a vote is being held, that assistant shall recuse themselves from the role of assistant and his position on the Nova Roman cista account at votingplace.net shall be filled by the other assistant. VI. Other than in the circumstances at section V, the custodes shall decide which of the assistants is assigned to the cista account.
C) Votes
- MCJ* - UTI ROGAS
- SCA* - UTI ROGAS
- MCGG* - UTI ROGAS
- LCS* - UTI ROGAS
- CEC* - UTI ROGAS
- QFM* - UTI ROGAS
- TGP* - UTI ROGAS
- CnIC* - UTI ROGAS
- TIS* - UTI ROGAS - It is a necessary compromise to have a working voting platform for this year.
- DIPI* - UTI ROGAS
- MMA* - UTI ROGAS
- CPD* - UTI ROGAS
- GPL* - UTI ROGAS
- QSP* - UTI ROGAS
- ATS* - UTI ROGAS
- GTVG* - UTI ROGAS
- GVA* - UTI ROGAS
A) Item 8: [passed - 12 in favor, 5 opposing] B)ITEM 8: SENATE RULES (Item 8 SC Senate Rules_rev_3_new.pdf) SENATUS CONSULTUM DE RATIONE SENATUS MMDCCLXV As Yahoo does not allow messages exceeding 64K of content, I would respectfully ask all Senators and all voting members of the Senate to refer to the wiki version at: http://www.novaroma.org/nr/Senatus_consultum_de_ratione_senatus_(Nova_Roma)
C) Votes
- MCJ* - UTI ROGAS
- SCA* - UTI ROGAS
- MCGG* - UTI ROGAS
- LCS* - UTI ROGAS
- CEC* - ANTIQUO - The definition of "Senator" includes those who are not actual senators yet are in the Senate with voting privileges due to ex-magistracy or other terms of the lex Popillia. Our own law recognizes that these voting privileges do not make them senators.
- QFM* - ANTIQUO - I realize I'm the sole dissenting voice here, but the Vedian constitution does not define a Senator as someone with voting privileges in the Senate. The fact that a Lex was passed that does is not true to spirit of Nova Roma or the founders' wishes. The argument that this law served to keep Censors from remaking the Senate is specious. Not only did it fail, but now it is no longer needed and some better needs to replace such a confusing law.
- TGP* - UTI ROGAS - I wish we had been able to vote on some of this as individual items. As I have expressed to the Consul I am of the opinion that the Censors or at least most Censors can be trusted to moderate the Senate list. I have also expressed to him that while the Plebian vs Patrician ranking was real in Rome it is not in Nova Roma. Given the chance to vote individually I would have voted no on these few items.
- CnIC* - UTI ROGAS
- TIS* - ANTIQUO - In my opinion many rules it means many interpretations and indirectly many complications.
- DIPI* - UTI ROGAS
- MMA* - UTI ROGAS
- CPD* - ANTIQUO - For the same reasons as the honorable senator C. Equitius Cato did and because the 2/3rd of the senate in the Constitution have changed with the Lex Popilia Senatoria without the process expected for any change of the Constitution. And this rules give a carte-blanche to an interpretation of the Lex Popillia senatoria in contradiction with the Constitution. I recall the 3 pilars of our res publica: Auctoritas (The Senate meeting and ordering by consulta), Libertas (People voting in the Comitia), Potestas (The magistrates acting through their edicts). These Senate rules make a confusion with Auctoritas and Potestas. That is another step for a Senate weakening
- GPL* - UTI ROGAS
- QSP* - UTI ROGAS
- ATS* - ANTIQUO - There are, of course, many fine points here even though the KISS principle has never come within a country mile of this document. However, the restrictions on the censores (despite being owners of the Senate list, and therefore entitled to privileges this would remove) and such matters as the definition of Senators as having been appointed by the Lex Popillia when I suspect that the membership of some members of this body preceded this legislation are among points which govern my rejection of this item.
- GTVG* - UTI ROGAS - I would like to note that I share Senator Paulinus' concern that some things would have been better voted upon as individual items, but I recognize the tremendous job my colleague did in preparing this agenda, and the concern is a minor one.
- GVA* - UTI ROGAS
A) Item 9: [passed - 12 in favor, 5 opposing] B) ARTICLES OF INCORPORATION AMENDMENT SENATUS CONSULTUM ON AN AMENDMENT TO NOVA ROMA INC. ARTICLES OF INCORPORATION The Senate authorizes this following amendment, numbered 1 to 8 inclusive, to the Articles of Incorporation of Nova Roma Inc. 1. As per §702.1 of Title 13-B: MAINE NONPROFIT CORPORATION ACT the number of directors of Nova Roma Inc. shall be fixed to a number that equals the product of the total number of Senators added to the total number of those former magistrates who are exercising the right to attend meetings of the Senate of Nova Roma. Senators and former magistrates shall be directors of Nova Roma Inc. 2. Senators are defined as those persons who are classified by the Censors as Senators and are included on the Album senatorum and who are classified as assidui. 3. Former magistrates are defined as those persons who are classified by the Censors as being dictatorius, censorius, consularis, or praetorius, and who are classified as assidui. 4. “Exercising the right to attend meetings of the Senate of Nova Roma” is defined as being included on the Album senatorum by the Censors. 5. The process by which any adjustment shall be made to the number of directors who are Senators is as defined in the Lex Popillia senatoria 6. The process by which any adjustment shall be made to the number of directors who are former magistrates shall be either their inclusion or removal from the Album senatorum by the Censors. 7. For the purposes of §702.1 of Title 13-B: MAINE NONPROFIT CORPORATION ACT time to time shall be defined as either at a minimum of after every census within Nova Roma or more often than that as determined by the Censors on an as needed basis. 8. For the purposes of §702.1 of Title 13-B: MAINE NONPROFIT CORPORATION ACT bylaws are defined as any censorial edictum and the Lex Popillia senatoria.
C) Votes
- MCJ* - UTI ROGAS
- SCA* - UTI ROGAS
- MCGG* - UTI ROGAS
- LCS* - UTI ROGAS
- CEC* - ANTIQUO - (Section 4) I do not believe that non-senators should be included in the Album Senatorum, regardless of what past practice has been. I believe that the Album Senatorum should properly consist of senators and senators alone. (Section 5) Since there is a question as to whether or not the lex Popillia should be repealed, including it in our Articles of Incorporation is a problem. In addition, I do not believe that our Articles of Incorporation should *ever* include reference to specific internal leges, as the repeal of any such leges would require the re-writing of the Articles of Incorporation to remove mention of them.
- QFM* - ANTIQUO - This needs more work. It needs to be rewritten and brought before the house once again.
- TGP* - UTI ROGAS - I wish we had been able to vote on some of this as individual items. As I have expressed to the Consul I am of the opinion that the Censors or at least most Censors can be trusted to moderate the Senate list. I have also expressed to him that while the Plebian vs Patrician ranking was real in Rome it is not in Nova Roma. Given the chance to vote individually I would have voted no on these few items.
- CnIC* - UTI ROGAS
- TIS* - ANTIQUO - This item purpose was not concluded yet.
- DIPI* - UTI ROGAS
- MMA* - UTI ROGAS
- CPD* - ANTIQUO - The SC make an interpretation of the lex Popillia Senatoria about the number of senators with the number of members who may vote in the Senate meetings
- GPL* - UTI ROGAS
- QSP* - UTI ROGAS
- ATS* - ANTIQUO - I agree with Senatores Cato and Dexter on this. In addition, the first point is rather peculiar: How are we to obtain this number? Are we to multiply the number of senators by the number of magistrates? Are we to add them? Product typically signifies multiplication... Moreover, some of the definitions seem rather circular: one is a Senator is one is in the Album Senatorium [which likely can be altered by anyone with access]. Perhaps this does need improvement, and resubmission at a later date.
- GTVG* - UTI ROGAS
- GVA* - UTI ROGAS
A) Item 11: [passed - 17 in favor, 0 opposing] B) ITEM 11: PROVOCATIO COMMITTEE (Item 11 SC Provocatio.pdf) SENATUS CONSULTUM ON THE CREATION OF A SENATE COMMITTEE CONCERNING THE CREATION OF THE PROVOCATIO PROCESS I. The Senate authorizes the creation of a committee of the Senate to establish the process by which the Nova Roman constitutional right of provocatio can be administered. This shall be known as the Provocatio Committee. II. The mandate of the Provocatio Committee shall be: 1. To establish the objectives of a provocatio process. 2. To identify and/or establish any limitations, legal, practical or otherwise of a provocatio process. 3. To establish the proposed legal framework under which a provocatio appeal shall operate within Nova Roma, whilst ensuring that the framework does not conflict with the Constitution and leges of Nova Roma. 4. To ensure that the proposed legal framework at II.3 also accommodates any appeals that may be forthcoming as a result of any hearings or trials that may be conducted under the authority of any lex currently in force. 5. To ensure that the proposed legal framework at II.3 can meet the constitutional intent of provocatio. 6. To ensure that the proposed legal framework at II.3 can accommodate in an efficient and equitable manner multiple identical, or similar claims, of provocatio arising from one related incident and to establish the legal principles under which such multiple claims may be administered. 7. To ensure that any sanctions that may be imposed through the provocatio process are not in conflict with the Constitution or any lex currently in force. 8. To provide regular reports to the Senate list at a frequency to be determined by the chair of the Provocatio Committee. 9. When the mandate is complete from II.1 to II.7 inclusive, to present the proposed legal framework to the Senate for debate and a vote, by way of Senatus consultum passed by simple majority, to endorse such a framework with Senatorial approval. 10. If the proposed process is endorsed as at II.9, then to draft a proposed lex incorporating any observations made in the Senatus consultum 11. To execute such further tasks as the Senate may see fit to add, by way of amending Senatus consultum, to the mandate. III. The Provocatio Committee shall present the proposed lex at II.9 to both the consuls for review when completed. IV. The consuls shall either both approve the proposed lex, or it shall be returned to the Provocatio Committee for any amendments required. V. Once both consuls are satisfied with the proposed lex they shall arrange for the matter to be put to the relevant comitia, such comitia being selected based on the scope of the proposed legal framework and/or the proposed lex. VI. The chair of the Provocatio Committee shall be Marcus Minucius Audens VII. Members of the Provocatio Committee, apart from the chair, shall be Marcus Cornelius Gualterus Graecus, Statia Cornelia Valeriana Iuliana Aeternia, Gaius Equitius Cato, Gaius Petronius Dexter and Vibius Valerius Volusus. VIII. No other persons, other than those at sections VI and VII, shall be members of the Provocatio Committee without a further Senatus consultum being enacted to enable this. IX. The chair of the Provocatio Committee shall determine the internal rules under which it operates. X. Upon presentation of the proposed lex and it receiving the approval of both consuls as at section IV of this Senatus consultum, the Provocatio Committee shall be dissolved.
C) Votes
- MCJ* - UTI ROGAS
- SCA* - UTI ROGAS
- MCGG* - UTI ROGAS
- LCS* - UTI ROGAS
- CEC* - UTI ROGAS
- QFM* - UTI ROGAS - Since wrote a paper on this very subject for my Roman Jurisprudence class I am in a unique
position to aid a committee
- TGP* - UTI ROGAS
- CnIC* - UTI ROGAS
- TIS* - UTI ROGAS
- DIPI* - UTI ROGAS
- MMA* - UTI ROGAS
- CPD* - UTI ROGAS
- GPL* - UTI ROGAS
- QSP* - UTI ROGAS
- ATS* - UTI ROGAS - I would like to see a greater diversity in perspectives than seem to be present in this group, however.
- GTVG* - UTI ROGAS
- GVA* - UTI ROGAS
A) Item 12: [passed - 16 in favor, 1 opposing] B) ITEM 12: DERIVING MEANING (Item 12 SC Deriving meaning_rev_2_new.pdf) SENATUS CONSULTUM ON DERIVING MEANING FROM LEGAL AUTHORITIES The Senate establishes the following as a common code for deriving meaning from any of the legal code that have no established process of their own to facilitate that. I. The Senate, recognizing that the legal authorities, as defined at I.B Constitution of Nova Roma, may not possess an integral process to establish meaning from sections, phrases and words where such meaning is unclear or disputed, institutes the following mandatory methodology to be applied in order to create a uniform standard of deriving such meaning. This methodology only applies to any such legal authority that does not posses its own integral process to establish such meaning in respect of its own contents, where such a process is clearly indicated as a dispute resolution and/or interpretative methodology. II. The magistrates as defined at IV.A, IV.B.2 of the Constitution of Nova Roma, as well as all provincial governors and magistrates of oppida and municipia and all other appointed or elected officials of Nova Roma must adopt and use this methodology established in this Senatus consultum in order to derive such meaning when there is a dispute or uncertainty as regards a section over (but not limited to) its:
1. Intent 2. Meaning 3. Consequence(s) 4. Limit(s) 5. Condition(s) 6. Conflict with one or more other legal authorities 7. Unforeseen situations 8. Scope 9. Unjust result 10. (Any other dispute not specified in II.1 to II.9 inclusive)
III. The literal rule or plain meaning rule must be adopted to resolve any of the disputes at II.1 to II.10 inclusive, which shall be defined for the purposes of this Senatus consultum as the process of examining each word and establishing a meaning based on reference to:
1. http://dictionary.findlaw.com/definition/reference.html 2. http://www.merriam-webster.com/
IV. Each word in the section or phrase subject of the dispute at II.1 to II.10 inclusive shall be searched first within III.1. If a meaning is found then this shall be the only meaning that shall be adopted and no search shall be made within III.2, but if that search of III.1 does not find a meaning then III.2 shall be searched and then this shall be the only meaning that shall be adopted. V. In the event a search of III.2 does not find a meaning then the word not found shall be ignored. Any obvious spelling mistakes in the word shall be ignored and the correct spelling substituted for the purposes of the searches at III.1 and/or III.2. With words that are inflected, a search should be made on the free morpheme element of that word. VI. If the dispute or uncertainty at section II is over the alleged meaning of a section, phrase or word and one meaning is held to exist by one or more parties to the dispute, and denied by one or more other parties to the dispute then the definitive test of meaning shall be, after the searches at III.1 and/or III.2 have been completed on all the words in the section, phrase or word, whether the alleged meaning is found within the meaning(s) discovered during such searches at III.1 and/or III.2. VII. If the alleged meaning at section VI is found then that section, phrase or word shall be assigned that meaning as its final and lawful meaning and shall for the purposes of deriving meaning and resolving the dispute or uncertainty prove that the alleged meaning is true. VIII. It is forbidden for the alleged meaning at VI to be implied or inferred from the meanings found. It has to be present in the searches at III.1 and/or III.2 in the exact word(s) that form the alleged meaning. The alleged meaning has to be present in the immediate result of the searches at III.1 and/or III.2. Continuing such searches, or drilling down, on any phrase or word that was in the immediate results of a search at III.1 and/or III.2 for the purpose of trying to find the alleged meaning is forbidden. Only one search shall be conducted using the dictionaries at III.1 and/or III.2. IX. If the searches at III.1 and/or III.2 reveal an absence of any such exact word(s) as are in what is held to be the alleged meaning, by any of the parties to the dispute or uncertainty, then that shall be the final and lawful proof that such an alleged meaning is false. X. If as a result of the searches at III.1 and/or III.2 it is held by one or more parties to the dispute or uncertainty that the derived literal meaning is a legal absurdity, or some other issue is alleged to have arisen, or still exist, from the searches at III.1 and/or III.2 then a consul or praetor shall apply his/her own interpretation of the result of such searches, and his/her interpretation shall be held to be the final and lawful meaning of the section, phrase or word. Such an interpretation by a consul or praetor shall be deemed to be with the full legal authority of this Senatus consultum applied to it and through it. Such an interpretation by a consul or praetor shall be lawful even if that consul or praetor is a party to the dispute. XI. In the event that there is a dispute or uncertainty over any section, phrase or word of this Senatus consultum then, regardless of section II, the process to establish meaning from any section, phrase or word where such meaning is unclear or disputed shall be by the interpretation of a Consul or Praetor and his/her interpretation shall be held to be the final and lawful meaning of the section, phrase or word. Such an interpretation by a consul or praetor shall be deemed to be with the full legal authority of this Senatus consultum applied to it and through it. XII. The final and lawful proof so established at VII shall be defined and applied as though that meaning was contained within the legal instrument subject of the dispute or uncertainty and shall have the full authority of this Senatus consultum applied to it and through it, as well as that of the legal authority subject of the dispute or uncertainty. XIII. In respect of grammar and punctuation used in the section, phrase or word subject of the dispute or uncertainty, the grammatical and punctuation rules of American English shall be used to assist the consul or praetor at section X of this Senatus consultum. The following shall be, for the purposes of this Senatus consultum, the definitive and only permitted sources for use in respect to grammar and punctuation:
1. Grammar: http://www.bartleby.com/141/ 2. Punctuation: http://www.grammarbook.com/
XIV. In respect of 1.C of the Lex Arminia Equitia de imperio, “the power to interpret the law within the duties of the magistrate holding the Potestas” shall be defined as a power exercised using the methodology described in this Senatus consultum. It is the duty of the magistrate to follow this methodology and any method of interpretation that does not fall within the terms, processes and scope of this Senatus consultum is forbidden and illegal. XV. In respect of 2.E of the Lex Arminia Equitia de imperio, “the power to interpret the law, on all levels on all Nova Roma subjects” shall be defined as a power exercised using the methodology described in this Senatus consultum. Specifically “on all levels” is defined as all levels of the legal authorities as specified at I.B Constitution of Nova Roma and does not confer upon such interpretation any greater legal authority that would allow this Senatus consultum to be circumvented. It is the duty of the magistrate to follow this methodology and any method of interpretation that does not fall within the terms, processes and scope of this Senatus consultum is forbidden and illegal. XVI. For the purposes of sections X or XI of this Senatus consultum, the interpretation of a consul shall prevail over that of a praetor if the opinions of both differ. XVII. If for the purposes of sections X or XI both consuls disagree on such an interpretation, then the Senate by way of Senatus consultum passed by way of simple majority shall resolve the matter. Such a matter must be put to the Senate at the next formal meeting of the Senate in session following such a disagreement. Both interpretations must be offered to the Senate to vote upon. No other method of resolution is lawful. Until the Senate resolves the matter no interpretation held as true by either consul shall be considered final and lawful.
C) Votes
- MCJ* - UTI ROGAS
- SCA* - UTI ROGAS
- MCGG* - UTI ROGAS
- LCS* - UTI ROGAS
- CEC* - UTI ROGAS
- QFM* - UTI ROGAS
- TGP* - UTI ROGAS
- CnIC* - UTI ROGAS
- TIS* - UTI ROGAS
- DIPI* - UTI ROGAS
- MMA* - UTI ROGAS
- CPD* - UTI ROGAS
- GPL* - UTI ROGAS
- QSP* - UTI ROGAS
- ATS* - ANTIQUO - Although it is a good idea to have standard references, this seems to me rather heavy-handed. With luck, we won't have to define the various forms of the English word corresponding to the Latin esse [to be] or anything similar.
- GTVG* - UTI ROGAS
- GVA* - UTI ROGAS
Please do not hesitate to point to my attention any error I may have made.
Valete
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