Senatus consultum ultimum on the Lex Popillia senatoria

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SENATUS CONSULTUM ULTIMUM ON THE LEX POPILLIA SENATORIA

I. This Senatus consultum ultimum is issued by the Senate under the authority granted to it under section V.E of the Constitution of Nova Roma.

II. It is issued to address the failure of the Lex Popillia senatoria to amend the Constitution (bylaws) of Nova Roma in its creation of the right of ius sententiae dicendae and the insertion of higher magistrates and ex-magistrates into the Senate (Board of Directors), as well as execute other changes in its operation that the Senate considers it necessary to make in order to better ensure the stability and successful functioning of the Senate.

II. The section of the Lex Popillia senatoria numbered as IV. ((Ius sententiae dicendae)) and all provisions contained under that section is overridden and shall not apply in the application of the this lex.

III. All persons admitted to the Senate, and still so admitted at the time of the enactment of this Senatus consultum ultimum, under the authority of section IV. ((Ius sententiae dicendae)) shall have their right to attend and speak in the Senate preserved (grandfathered) until such time as they are removed from the Senate under the terms of, or as a consequence of, any Senatus consultum ultimum, lex, or Senatus consultum. Upon their removal the grandfathered can no longer be re-admitted in the future to the Senate under section IV. ((Ius sententiae dicendae)).

IV. The grandfathered at section III not being sublected as Senators and thus not accredited as directors of Nova Roma Inc, do not have the right to vote in the Senate.

V. No person, whether at the time of this enactment a citizen or a former citizen, who would otherwise have qualified under IV. ((Ius sententiae dicendae)) for admittance to the Senate under its terms, shall in the future be so admitted, even just for the purpose of attending and speaking within the Senate.

VI. The section of the Lex Popillia senatoria numbered as I. ((Number of senatores)).A shall be overridden and amended to read:

"This number shall be 15% of the total number of assidui at the time, or the nearest whole number. If the non-whole number portion of the total number is less 0.5 then the number shall be rounded down to the nearest whole number. If the non-whole number portion of the total number is 0.5 or greater then the number shall be rounded up to the nearest whole number.

VII. The section of the Lex Popillia senatoria numbered as I. ((Number of senatores)).C is overridden and shall not apply in the application of the this lex. It shall be replaced by the following:

"This number if lower than the number of senatores who exist at the time of the declaration, shall not result in the removal of existing senatores, or constitute grounds for such removal, and shall in no way affect the right of existing senatores to continue to be sublected to the Senate. If the number is lower than the number of senatores, no new senatores may be subscribed until such time as the maximum number of senatores exceeds the number of existing senatores, and the difference between the two numbers in such a case is the absolute maximum of senatores that may be sublected."

VIII.

A. The section of the Lex Popillia senatoria numbered as II. ((Removal of senatores)).A shall be overridden and amended to read:

"They shall begin by drawing up a list comprised of those senatores currently sublected to the Senate, using the album senatorium as a guide, and who have not been removed from the Senate under the terms of, or as a consequence of, any Senatus consultum ultimum, lex, or Senatus consultum."

B. The section of the Lex Popillia senatoria numbered as II. ((Removal of senatores)).B shall be overridden and amended to read:

"They shall first identify those on the list at II. ((Removal of senatores)).A who have:

i Died and who have not yet been removed from the album senatorium ii. Resigned/renounced their citizenship iii. Lost their citizenship as a consequence of, any Senatus consultum ultimum, lex, or Senatus consultum and who have not yet been removed from the album senatorium iv. Lost assidui status and are not subject to an approved payment arrangement, as certified by a post to the Senate list by the Chief Financial Officer (CFO) v. Been identified individually by Senatus consultum ultimum or Senatus consultum to be members of a Competing Organization

C. The section of the Lex Popillia senatoria numbered as II. ((Removal of senatores)).C shall be overridden and amended to read:

"They shall identify those on the list at II. ((Removal of senatores)).A whose past conduct has been found by the Senate, by means of Senatus consultum ultimum or Senatus consultum, to be "seriously harmful to the dignity of the senate".

D. The section of the Lex Popillia senatoria numbered as II. ((Removal of senatores)).D shall be overridden and amended to read:

"An existing senator must be removed from the list at II. ((Removal of senatores)).A if they are identified under the process at II. ((Removal of senatores)).B i to v, and only then with:

i. The agreement of both censores

and also

ii. The agreement of the Senate by means of Senatus consultum ultimum or Senatus consultum issued during a Formal Session of the Senate, that must achieve an extraordinary majority before it can be enacted, or a lesser majority determined at the discretion of the Princeps senatus, and where the presiding magistrate is the Princeps senatus

E. The following shall be inserted numbered as:

"II. ((Removal of senatores)).E

i. The Senate may during a Formal Session presided over by the Princeps senatus by means of Senatus consultum ultimum or Senatus consultum, that must achieve an extraordinary majority before it can be enacted, suspend an existing senator for conduct "seriously harmful to the dignity of the senate". The Princeps senatus may at his/her discretion replace the requirement above for an extraordinary majority with a requirement for a special majority, or a simple majority.

ii. The Princeps senatus may also in times of urgent need provisionally suspend such a senator, in addition to his powers of suspension granted under the SENATUS CONSULTUM DE RATIONE SENATUS MMDCCLX, but then must immediately summon the Senate into Formal Session at the first available opportunity allowed under the SENATUS CONSULTUM DE RATIONE SENATUS MMDCCLXV, in order that the Senate may by vote either confirm the suspension as at II. ((Removal of senatores)).E.i above, or remove that suspension.

iii. During a period of suspension an existing Senator may not:

a. Attend/be subscribed to the Senate list b. Post to the Senate list by means of third party forwarding the same c. Vote, whether by proxy or not d. Perform any functions assigned to him on the basis of his/her senatorial status e. Represent himself as a Senator in any way on any forum or communication channel"

F. The following shall be inserted numbered as:

"II. ((Removal of senatores)).F

i. The phrase "seriously harmful to the dignity of the senate" shall be defined as comprising:

a. Being identified by Senatus consultum ultimum or Senatus consultum to be members of a Competing Organization.

b. Conduct where there is evidence that a violation under the Code of Conduct set forth in the Lex Cornelia poenalis has clearly occurred, or where there is probable cause to conclude that such a violation may have occurred. Such a determination under this section shall not be admitted as proof, or evidence in itself, to any existing or subsequent Lex Cornelia poenalis proceedings in respect of the actual or suspected violation..

c. A ratified suspension of an existing Senator for CONTEMPT OF THE SENATE under the terms of the SENATUS CONSULTUM DE RATIONE SENATUS MMDCCLXV.

d. Other conduct not covered by either the SENATUS CONSULTUM DE RATIONE SENATUS MMDCCLXV or the Lex Cornelia poenalis, which the Senate finds to be damaging to the Senate and/or Nova Roma.

G.The section of the Lex Popillia senatoria numbered as III. ((Sublection of senatores)).A shall be overridden and amended to read:

"After identifying any senatores as per II. ((Removal of senatores)).D who must be removed from the list, the censores shall for the process of sublection (adding) identify possible new senatores, until the total number of senatores is equal to the number of available senatorial positions (if any) as per I. ((Number of senatores)).C. Under no circumstances shall the censores exceed this number of available positions. The censores shall identify sequentially from citizens meeting the criteria in III. ((Sublection of senatores)).B to F"

H. The section of the Lex Popillia senatoria numbered as III. ((Sublection of senatores)).B shall be overridden and amended to read:

"The censores shall identify as many, as necessary to fill all the positions or as many as can be filled, dictatorii (citizens who have completed terms as dictator) who have not already been sublected, removed, are not ineligible under the terms of any Senatus consultum ultimum, lex, or Senatus consultum and are not subject to a current finding by the Senate of conduct "seriously harmful to the dignity of the senate. If there are more than one such citizens they shall be added to the list with the citizen with the oldest date of his/her term of office first, and then those in decreasing order of date from oldest to newest."

I. The section of the Lex Popillia senatoria numbered as III. ((Sublection of senatores)).C shall be overridden and amended to read:

"If available positions remain, then the censores shall identify as many, as necessary to fill all the remaining positions or as many as can be filled, censorii (citizens who have completed terms as censor) who have not already been sublected, removed, are not ineligible under the terms of any Senatus consultum ultimum, lex, or Senatus consultum and are not subject to a current finding by the Senate of conduct "seriously harmful to the dignity of the senate. If there are more than one such citizens they shall be added to the list with the citizen with the oldest date of his/her term of office first, and then those in decreasing order of date from oldest to newest."

J. The section of the Lex Popillia senatoria numbered as III. ((Sublection of senatores)).D shall be overridden and amended to read:

"If available positions remain, then the censores shall identify as many, as necessary to fill all the remaining positions or as many as can be filled, consulares (citizens who have completed terms as consul) who have not already been sublected, removed, are not ineligible under the terms of any Senatus consultum ultimum, lex, or Senatus consultum and are not subject to a current finding by the Senate of conduct "seriously harmful to the dignity of the senate. If there are more than one such citizens they shall be added to the list with the citizen with the oldest date of his/her term of office first, and then those in decreasing order of date from oldest to newest."

K. The section of the Lex Popillia senatoria numbered as III. ((Sublection of senatores)).E shall be overridden and amended to read:

"If available positions remain, then the censores shall identify as many, as necessary to fill all the remaining positions or as many as can be filled, praetorii (citizens who have completed terms as praetor) who have not already been sublected, removed, are not ineligible under the terms of any Senatus consultum ultimum, lex, or Senatus consultum and are not subject to a current finding by the Senate of conduct "seriously harmful to the dignity of the senate. If there are more than one such citizens they shall be added to the list with the citizen with the oldest date of his/her term of office first, and then those in decreasing order of date from oldest to newest."

L. The section of the Lex Popillia senatoria numbered as III. ((Sublection of senatores)).F shall be overridden and amended to read:

"If available positions remain, then the censores shall add to the list as many, as necessary to fill all the remaining positions or as many as can be filled, citizens who do not qualify under III. ((Sublection of senatores)).B to E, but who have been identified by the Senate as suitable for sublection. The censores shall upon instruction from the Senate sublect these citizens in the Senate indicated order of preference, which may be sequentially as at F, or in any position between B to E. These shall be ordered and added to the list in the order the Senate listed them. This instruction from the Senate shall be in the form of a Senatus consultum ultimum, prepared by the Princeps senatus, that must achieve an extraordinary majority before it can be enacted, or a lesser majority determined at the discretion of the Princeps senatus.

M. The section of the Lex Popillia senatoria numbered as III. ((Sublection of senatores)).G shall be overridden and shall not be applicable.

N. The section of the Lex Popillia senatoria numbered as III. ((Sublection of senatores)).H shall be renumbered to G and shall be amended to read:

"A new senator may only be added to the list with:

i. The agreement of both censores

and

ii. The agreement of the Senate by means of Senatus consultum ultimum or Senatus consultum issued during a Formal Session of the Senate, that must achieve an extraordinary majority before it can be enacted, or a lesser majority determined at the discretion of the Princeps senatus, and where the presiding magistrate is the Princeps senatus"

O. The following shall be inserted and numbered as III. ((Sublection of senatores)).H:

"i. In the event that only one censor holds office he/she shall still execute the procedures laid out herein as though he/she had a duly elected colleague, given that Senatorial oversight exists.

ii. In the event that neither censor holds office the Princeps senatus, being one of the censorii, and one other of the censorii Senators, chosen by the Senate, shall deputize in place of the censors at such times that the Senate authorizes that an urgent need exists and where the Senate determines it is not suitable or practicable to wait until censores are elected or appointed. Such authorization shall be by means of Senatus consultum ultimum or Senatus consultum issued during a Formal Session of the Senate, that must achieve an extraordinary majority before it can be enacted, or a lesser majority determined at the discretion of the Princeps senatus, and where the presiding magistrate is the Princeps senatus. All referrals required to the Senate under these terms herein must still be complied with, and the authorization for the Princeps senatus and one other of the censorii Senators to deputize does not constitute any authorization to proceed without Senate required consent.

iii. Nothing herein shall be taken to limit or constrain any provision of the SENATUS CONSULTUM DE RATIONE SENATUS MMDCCLXV.

P. The following shall be inserted and numbered as III. ((Censors, Consuls, Praetors and Tribunes)).A

"A citizen who holds office, whether elected, or appointed by the Senate, as Censor, Consul, Praetor, or Tribune and who is not already sublected as senator, shall have the right to attend meetings/be subscribed to the Senate list, speak/post, but not to vote. This right shall only exist so long as the citizen holds such an office. They shall be removed from the Senate list upon the expiration of their term of office, unless they have subsequent to election to office been sublected as a senator."

Q. The following shall be inserted and numbered as III. ((Censors, Consuls, Praetors and Tribunes)).B

"A citizen who holds office, whether elected, or appointed by the Senate, as Consul, Praetor or Tribune, and who is not already sublected as senator, may preside over a Formal Session of the Senate as per the SENATUS CONSULTUM DE RATIONE SENATUS MMDCCLXV and the limitations of the Constitution in respect of when Praetors may call the Senate to order. Such a right does not confer, or result in, a right to vote."

R. The section of the Lex Popillia senatoria numbered as V. ((Immunity)) shall be overridden and amended to read:

"Any decision of the censores and/or the Princeps senatus, and or the Senate under the terms herein is not subject to any appeal or provocatio. If censores fail to comply with the terms herein that failure may be deemed CONTEMPT OF THE SENATE as per the SENATUS CONSULTUM DE RATIONE SENATUS MMDCCLXV. Such failure may also constitute a violation of the Code of Conduct of the Lex Cornelia poenalis, as well as conduct "seriously harmful to the dignity of the senate. Such determination as to the liability of the censores may be determined by the relevant authority specified in both those enactments and herein."

IX. Upon the censores completing the identification processes set forth herein, they shall prepare a complete list comprising of three sections. The first section shall consist of existing senators they have identified for removal. The second section shall consist of those citizens that they have identified for sublection. The third section shall consist of those citizens who they have not identified for sublection, but who meet the criteria based on past service magisterial service as above. They shall post the completed list to the Senate list.

X. Upon receipt of that list at IX the Princeps senatus shall as soon as practicable preside over a Formal Session of the Senate. During this session the Senate shall ensure that its previous instructions (if any) regarding sublection have been complied with, as well as the requirements of any legislation, and make such alterations, or removals or additions to the list as maybe required for it to conform with those instructions and/or legislation.

XI. Senators who have been indicated for removal shall be afforded the opportunity to appeal such a decision by making one or more statements and answering any questions put to him/her by other senators. If a senator to be removed is not present then another senator may speak on their behalf if authorized to do so by the Senator to be removed. The Senate shall consider whether an identified candidate for sublection can competently discharge his/her fiduciary responsibilities as director, based on any previous public statements, and overall bring a positive contribution to the Senate.The Senate shall subsequently vote to ratify each senator that the censores have identified on the list to be removed or sublected.

XII. The final list to be put to the vote shall be presented to the Senate in the form of a Senatus consultum ultimum, prepared by the Princeps senatus, that must achieve an extraordinary majority before it can be enacted, or a lesser majority determined at the discretion of the Princeps senatus. The final list once enacted shall represent the list that commands the confidence of the Senate, and this confidence in addition to the other conditions for sublection or removal herein comprise the "qualifications set by law" as per section IV.A.1.d of the Nova Roman Constitution.

XIII.

a. If a senator identified to be removed receives a majority of antiquo (no) votes, he/she shall not be removed from the final list and shall remain a senator.

b.If a senator identified to be removed receives a majority of uti rogas (yes) votes, he/she shall be removed from the final list and shall be ratified as removed as a senator.

c. If a senator identified to be sublected receives a majority of antiquo (no) votes, he/she shall be removed from the final list and shall not be sublected as a senator.

d. If a senator identified to be sublected receives a majority of uti rogas (yes) votes, he/she shall not be removed from the final list and shall be ratified as sublected as a senator.

XIV. After the vote above, the Censors shall exercise their constitutional authority to add and remove Senators by censorial edictum exactly as per the form of the final list voted upon, which shall then become the current album senatorium, and shall be posted on the wiki as such. Any failure by the censors to comply with the final list when adding or removing Senators shall automatically result in their edictum being overridden and considered null and void by the authority of this Senatus consultum ultiumum, and further shall constitute CONTEMPT OF THE SENATE as per the SENATUS CONSULTUM DE RATIONE SENATUS MMDCCLXV.

XV. Upon enactment of this Senatus consultum ultimium:

A. The only lawful method of subsequently superseding, amending or repealing this Senatus consultum ultimum must be by way of a Senatus consultum ultimum, that must achieve an extraordinary majority before it can be enacted. Any other method or attempt shall be illegal and forbidden. The Princeps senatus may at his/her discretion replace the requirement above for an extraordinary majority with a requirement for a special majority, or a simple majority.

B. No other Senatus consultum ultimum shall be enacted where the proposed content of which conflicts, negates, overrides, limits or otherwise affects in a negative manner the contents and/or purposes of all or any part of this Senatus consultum ultimum, whether directly or indirectly other than by the method at specified at section XV.A of this Senatus consultum ultimum.

XVI. This Senatus consultum ultimum shall terminate on the 31st December 2022, unless it shall be terminated earlier under the process described at section XV.A of this Senatus consultum ultimum.

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