Independent Oversight Authority Act

SimDem Independent Oversight Authority Act (SDIOA)

Recognising the need for impartial oversight, transparency, and accountability within SimDemocracy, this Act establishes the SimDem Independent Oversight Authority (SDIOA). The SDIOA is a fully independent agency tasked with investigating allegations of misconduct, corruption, and abuse of power across all branches of government.

Article 1: Establishment of the SDIOA

Section 1. Creation of the Authority:

§1. The SimDem Independent Oversight Authority (SDIOA) is hereby established as an independent agency of SimDemocracy.

Section 2. Mandate:

§1. The SDIOA shall investigate:

§1.1. Allegations of misconduct or corruption within the executive and legislative branches.

§1.2. Misuse of public funds, administrative corruption, and abuse of power.

§1.3. Any other matters referred to it by the Attorney General or by a joint resolution of the Senate.

Section 3. Reporting:

§1. The SDIOA shall report its findings to the appropriate authorities, including but not limited to:

§1.1. The Attorney General for potential prosecution.

§1.2. The Senate for legislative action.

§1.3. The judiciary for further legal review.

§2. The SDIOA shall also publish public reports on its findings, except where classified information is involved.

Article 2: Leadership and Governance

Section 1. Appointment of the Head:

§1. The head of the SDIOA, known as the Independent Ombudsman, shall be nominated by senators and elected through a supermajority vote (two-thirds) of the Senate.

§2. Each senator may put forward one candidate during the nomination period, which will last 24 hours.

§3. If the Senate fails to appoint an Ombudsman within 2 days of the nomination period closing, the process will move to a committee vote. §4. Each Senatorial Caucus shall appoint one Senator to the committee, with the Speaker overseeing the selection process to ensure fairness.

§5. The committee shall then select the Ombudsman through consensus.

§6. A Senatorial Caucus is a group of Senators who meet and assemble for purposes of discussing, deliberating, or coordinating their legislative actions, policies, or positions on matters of mutual concern, based on party affiliation.

Section 2. Term and Renewal:

§1. The Independent Ombudsman shall serve a single, non-renewable term of five Senate cycles.

§2. Renewal Exception: The Ombudsman may seek a second term only if they submit a formal letter-of-intent to continue serving as Ombudsman at least one Senate cycle prior to the end of their term.

§3. The Senate must confirm the renewal with a supermajority vote (two-thirds) to extend their term for an additional five cycles.

§4. If the Ombudsman does not seek renewal or fails to secure Senate approval for a second term, the process to appoint a new Ombudsman shall commence as outlined in Section 1.

Section 3. Staff and Resources:

§1. The SDIOA shall have the authority to hire staff, including investigators, legal experts, and administrative personnel, as needed to fulfil its mandate.

§2. The agency’s budget shall be fixed by law and protected from reductions intended to undermine its independence.

Article 3: Jurisdiction and Procedures

Section 1. Scope of Jurisdiction:

§1. The SDIOA shall have jurisdiction over:

§1.1. Members of the executive branch, including agencies under its control.

§1.2. Members of the legislative branch, including the Senate and its committees.

§2. The SDIOA shall not investigate the judiciary. Judicial accountability shall remain within the purview of established judicial oversight mechanisms to preserve the separation of powers and the independence of the judiciary.

Section 2. Investigative Powers:

§1. The SDIOA shall have the authority to access government documents, regardless of their classification level, to ensure comprehensive investigations. This authority cannot be overridden by executive orders or decisions to classify materials.

§2. The SDIOA may subpoena documents, records, and testimony relevant to its investigations.

§3. The SDIOA may issue recommendations for disciplinary or legal action based on its findings.

Section 3. Reporting Requirements:

§1. The SDIOA shall produce biweekly public reports summarizing its activities, findings, and recommendations.

§2. Classified information shall be handled in accordance with national security protocols and disclosed only to authorized officials.

Article 4: Safeguards for Independence

Section 1. Funding:

§1. The SDIOA’s budget shall be allocated as a fixed percentage of the total government budget to ensure operational independence.

§2. The Senate may not reduce the SDIOA’s funding without a supermajority vote.

Section 2. Oversight Panel:

§1. A multipartisan oversight panel composed of representatives from the Senate, executive branch, and judiciary shall review the SDIOA’s performance annually.

§2. The panel shall have no authority to interfere with ongoing investigations but may recommend procedural improvements.

Section 3. Transparency:

§1. All non-classified hearings and findings of the SDIOA shall be made publicly available through official channels.

§2. Citizens shall have the right to submit complaints to the SDIOA, which must be reviewed impartially.

Article 5: Checks and Balances

Section 1. Judicial Review:

§1. Any party named in an SDIOA investigation may appeal its findings to the judiciary to ensure due process.

Section 2. Referral Mechanism:

§1. In cases of overlapping jurisdiction with other agencies (e.g., the SDBI), the Attorney General shall determine which agency leads the investigation to avoid duplication of effort.