View source for Government Oversight Act (GOA)

[[Category:Legislation]] [[Category:Other Laws]]
= Government Oversight Act (GOA)<ref name ="SDA/> =
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: ===
<div class="toccolours mw-collapsible mw-collapsed" style="overflow:auto;">
'''Repealed <ref name = "SDA">Amended by the [[SimDemocracy Independent Oversight Authority Act (SDIOA) Amendment 2025]]</ref>'''
§1. The SimDem Independent Oversight Authority (SDIOA) is hereby established as an independent agency of SimDemocracy.
</div>
§1. The SimDem Independent Oversight Authority (SDIOA) is hereby established as an independent agency of SimDemocracy. It consists of the Independent Ombudsman and personnel hired by them to execute the tasks of the Oversight Authority.
=== 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.
<div class="toccolours mw-collapsible mw-collapsed" style="overflow:auto;">
'''Repealed <ref name  = "SDA"/>'''

:§1.3. Any other matters referred to it by the Attorney General or by a joint resolution of the Senate.
</div>
:§1.3. The execution of discretionary laws through the Executive or its agencies.

:§1.4. Any other matters referred to it by the Attorney General or by a joint resolution of the Senate.<ref name = "SDA"/>
=== 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.
<div class="toccolours mw-collapsible mw-collapsed" style="overflow:auto;">
'''Repealed <ref name  = "SDA"/>'''
:§1.2. The Senate for legislative action.
</div>
:§1.2. The Senate or the relevant committee 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.
:§2.1. The SDIOA may request the declassification of any document used or unearthed in their investigation by the President.<ref name ="SDA"/>

== Article 2: Leadership and Governance ==
=== Section 1. Appointment of the Head: ===
<div class="toccolours mw-collapsible mw-collapsed" style="overflow:auto;">
'''Repealed <ref name  = "SDA"/>'''
§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.
</div>
§1. The head of the SDIOA, known as the Chief 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: ===
<div class="toccolours mw-collapsible mw-collapsed" style="overflow:auto;">
'''Repealed <ref name  = "SDA"/>'''
§1. The Independent Ombudsman shall serve a single, non-renewable term of five Senate cycles.
</div>
§1. The Chief Ombudsman shall serve a term of five Senate cycles.

<div class="toccolours mw-collapsible mw-collapsed" style="overflow:auto;">
'''Repealed <ref name  = "SDA"/>'''
§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.
</div>
§2. The Ombudsman may seek another term if they submit a formal request 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.
<div class="toccolours mw-collapsible mw-collapsed" style="overflow:auto;">
'''Repealed <ref name  = "SDA"/>'''
§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.
</div>

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

=== Section 3. Staff and Resources: ===
<div class="toccolours mw-collapsible mw-collapsed" style="overflow:auto;">
'''Repealed <ref name  = "SDA"/>'''
§1. The SDIOA shall have the authority to hire staff, including investigators, legal experts, and administrative personnel, as needed to fulfil its mandate.
</div>
§1. The SDIOA shall have the authority to hire staff, including investigators, legal experts, and administrative personnel, as needed to fulfill its mandate. The scope of tasks assigned to each shall be determined by the Ombudsman.
<div class="toccolours mw-collapsible mw-collapsed" style="overflow:auto;">
'''Repealed <ref name  = "SDA"/>'''
§2. The agency’s budget shall be fixed by law and protected from reductions intended to undermine its independence.
</div>

§2. The agency’s budget shall be determined by the Ombudsman and protected from reductions intended to undermine its independence. The budget may not be reduced in such a manner that the Ombudsman becomes incapable of fulfilling the SDIOA’s tasks.

§3. The SDIOA may create the necessary channels and roles to ensure its operation.<ref name ="SDA"/>

== 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.

:§1.3. Other Committees and Officers of the State as established by Law or the Constitution.<ref name ="SDA"/>

§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: ===
<div class="toccolours mw-collapsible mw-collapsed" style="overflow:auto;">
'''Repealed <ref name  = "SDA"/>'''
§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.
</div>
§1. The SDIOA shall have the authority to access government channels and documents, regardless of their classification level, to ensure comprehensive investigations. This authority cannot be overridden by executive orders or decisions to classify materials.
:§1.1. This authority shall be exercised and delegated by the Ombudsman within SDIOA as they wish.

§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: ===
<div class="toccolours mw-collapsible mw-collapsed" style="overflow:auto;">
'''Repealed <ref name  = "SDA"/>'''
§1. The SDIOA shall produce biweekly public reports summarizing its activities, findings, and recommendations.
</div>
§1. The SDIOA shall produce public reports every four weeks summarizing its activities, findings, and recommendations.

§2. The SDIOA shall also produce reports at the conclusions of investigations, public notices at the beginnings of investigations, and may provide updates during them.

<div class="toccolours mw-collapsible mw-collapsed" style="overflow:auto;">
'''Repealed <ref name  = "SDA"/>'''
§2. Classified information shall be handled in accordance with national security protocols and disclosed only to authorized officials.
</div>
§3. Classified information shall be handled in accordance with national security protocols and disclosed only to authorized officials.<ref name ="SDA"/>

== Article 4: Safeguards for Independence ==
=== Section 1. Funding: ===
<div class="toccolours mw-collapsible mw-collapsed" style="overflow:auto;">
'''Repealed <ref name  = "SDA"/>'''
§1. The SDIOA’s budget shall be allocated as a fixed percentage of the total government budget to ensure operational independence.
</div>
§1. The SDIOA’s budget shall be allocated as requested by the Ombudsman 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.
<div class="toccolours mw-collapsible mw-collapsed" style="overflow:auto;">
'''Repealed <ref name  = "SDA"/>'''
§2. The panel shall have no authority to interfere with ongoing investigations but may recommend procedural improvements.
</div>

§2. The panel shall have no authority to interfere with ongoing investigations, but may recommend procedural improvements. The Panel shall have the full cooperation of the SDIOA to conduct its work.

=== Section 3. Transparency: ===
<div class="toccolours mw-collapsible mw-collapsed" style="overflow:auto;">
'''Repealed <ref name  = "SDA"/>'''
§1. All non-classified hearings and findings of the SDIOA shall be made publicly available through official channels.
</div>

§1. All non-classified hearings and findings of the SDIOA shall be made publicly available through a dedicated official channel.
<div class="toccolours mw-collapsible mw-collapsed" style="overflow:auto;">
'''Repealed <ref name  = "SDA"/>'''
§2. Citizens shall have the right to submit complaints to the SDIOA, which must be reviewed impartially.
</div>
§2. Citizens shall have the right to submit complaints to the SDIOA, which must be reviewed impartially. Every report must be answered either through a report or through a notice of procedural closure.

== Article 5: Checks and Balances ==
=== Section 1. Judicial Review: ===
<div class="toccolours mw-collapsible mw-collapsed" style="overflow:auto;">
'''Repealed <ref name  = "SDA"/>'''
§1. Any party named in an SDIOA investigation may appeal its findings to the judiciary to ensure due process.
</div>
§1. Any party named in an SDIOA referral may appeal its findings to the judiciary to ensure due process.

§2. In cases of overlapping jurisdiction with other agencies (e.g., the SDBI), the Ombudsman shall determine which agency leads the investigation to avoid duplication of effort.<ref name ="SDA"/>
=== Section 2. Referral Mechanism: ===
<div class="toccolours mw-collapsible mw-collapsed" style="overflow:auto;">
'''Repealed <ref name  = "SDA"/>'''
§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.
</div>
§2. In cases of overlapping jurisdiction with other agencies (e.g., the SDBI), the Ombudsman shall determine which agency leads the investigation to avoid duplication of effort.
===Section 3. Limitations and Clarifications:<ref name ="SDA"/>===
§1 The SDIOA shall not conduct undercover operations.