Resilient Roleplay

Impeachment and Authority Conduct Review Act ​

Introduction

Any person may file for the Impeachment of a government employee or an Authority Conduct Review against a government entity within the State of San Andreas, provided there is a valid reason and proof that reasonable steps were taken to resolve the matter prior to appeal. This includes, but is not limited to, any sitting Mayor, Justice, Law Enforcement Officer, Medical Employee, or other government employee. For Authority Conduct Reviews, this also includes command groups, subgroups, and internal boards within government entities.

  • An Authority Conduct Review is a formal hearing to assess alleged misconduct or impropriety where there may not be criminal wrongdoing, but where behaviour falls below the expected standard of office.
  • An Impeachment is a more severe process, examining potential criminal or corrupt conduct that extends beyond negligence or inexperience.

Constitutional Justification

Under Article III - Rights and Freedoms of the Constitution of San Andreas, citizens have the rights to Assemble, to Petition, and to Vote. These rights include the ability to hold public officials and institutions accountable through formal review and impeachment procedures.

Article I - Filing Fees ​

Filing an Authority Conduct Review or Impeachment request requires payment of the following non-refundable fees to the Department of Justice retrospectively for the filer:

  • Department of Justice (DOJ) - $50,000
  • People’s Petition - 50 valid signatures or payment of $250,000 (Note, signatures can be proved by ID card photos)

Payment must be made to a Judge or Justice, who will deposit the funds into the DOJ account prior to review.

Article II - Grounds for Authority Conduct Review ​

Valid reasons for an Authority Conduct Review include, but are not limited to:

  1. Dereliction of Duties: Failure or refusal to perform official duties, or systemic inactivity within office.
  2. Exceeding the Mandate of Office: Exercising powers beyond those lawfully granted or using office to exert unjust influence.
  3. Constitutional Breach: Repeated or systemic violations of the Constitution of San Andreas.
  4. General Corruption: Engaging in continuous dishonest or fraudulent conduct, or using one’s position for illegal personal or collective gain.
  5. Cumulative Misconduct: A sustained pattern of inappropriate or unprofessional behaviour inconsistent with public office.

Article III - Grounds for Impeachment ​

Valid reasons for Impeachment include, but are not limited to:

  1. Dereliction of Duties: Repeated failure or refusal to perform the essential duties of office.
  2. Gross Negligence: Reckless disregard for duty resulting in foreseeable harm to others.
  3. Gross Incompetence: Continuous misconduct or ineptitude resulting in serious consequences.
  4. General Corruption: Continuous dishonesty or fraudulent conduct to obtain unlawful benefits for oneself or others.
  5. Felony Criminal Conviction: Conviction in a court of law for a felony offence, including guilty pleas made to peace officers or courts.
  6. Violation of Oath: Behaviour contrary to the oath of office or official responsibilities.

Article IV - Filing and Review Process ​

  1. Filing: The complainant must submit all evidence supporting the claim at the time of filing and pay the required fee.
  2. Initial Review: A Justice from the Department of Justice shall review the request to ensure completeness and validity.
    • The Justice may accept or reject the request.
    • Accepted matters shall be assigned to a presiding Justice.
    • A panel of three Justices or Judges may be formed if required. Justices are prioritised; Judges may fill vacancies due to scheduling or conflict of interest.
  3. Scheduling: Upon acceptance, the DOJ shall schedule a Public Hearing allowing both parties to present arguments.
  4. Hearing Procedure: The presiding Justice or Panel may modify procedures as needed but must ensure fairness and equal opportunity to present evidence and arguments.
  5. Deliberation: After the hearing, the DOJ and a representative of the State of San Andreas shall deliberate and determine findings.
  6. Decision: A final written determination shall be issued, and any approved Impeachment or Conduct Review shall be assigned a unique identifier and published for public record.

Article V - Consequences and Remedies ​

Upon conclusion of an Authority Conduct Review or Impeachment, the following remedies may be applied individually or in combination:

  • Removal from Office: Immediate dismissal from public position when conduct is deemed egregious or beyond correction.
  • Writ of Mandamus: A binding court order requiring specific performance or correctional action for a set period, overseen by an appointed official. Failure to comply may lead to further sanctions, including removal.
  • Censure: A formal, public reprimand issued by the DOJ outlining the proven failings or misconduct.
  • Sanction: Financial or administrative penalties imposed by the DOJ when losses or punitive measures are warranted.

Article VI - Oversight and Third-Party Review ​

  1. The State of San Andreas may appoint a representative to observe or participate in proceedings at any stage.
  2. Completed Impeachments or Conduct Reviews are subject to third-party review if deemed necessary by the State.

Signatories: ​

  • Justice Bailey Harvey
  • Justice Peter Brackley
  • Justice Mina Mercy
  • Justice Tess Timony
  • Justice James Anderson

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