Petition to Invoke Article III, Section 3, Clause 2 of the San Andreas Constitution

[Emily Whitehorse]

San Andreas State Government Personal Email Petition to Invoke Article III, Section 3, Clause 2 of the San Andreas Constitution A.K.A, PETITION FOR A WRIT OF CERTIORARI

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• Supreme Court of San Andreas,
  
  I wish formally to invoke Article III, Section 3, Clause 2 of the San Andreas Constitution-
  
  The Supreme Court may receive requests for non-binding opinions on Advisory cases from government agencies, citizens and the bodies of the other branches of power. The Supreme Court, at its discretion, may determine which advisory cases to hear. However, advice given during interbranch conflicts will be received as binding.
  -and request the court proceed to the immediate question "Should the House of Representatives consider The Honorable Kona Kealoha, representing the unregistered Los Santos Unity Party, to have forfeited his tenure as a representative of the House upon his submission of a resignation to the Speaker of the House, and that any attempt to retract the resignation would be an affront to the constitutional process of filling the vacancy that existed for the brief period of time said resignation was not rescinded by the Kona Kealoha".
  
  In addition to this, as no format or otherwise exists for such a procedure, I humbly ask the court to provide an appropriate method for proceeding, including paperwork for a direct supreme court intervention such as may be required to file what is in effect a 'petition for a writ of certiorari'.

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• Sincerely,
  
  Emily Whitehorse
  San Andreas State Government
  Speaker of the House of Representatives
  Rockford Hills City Hall
  Carcer Way, Los Santos.

[Judith Mason]

San Andreas Judicial Branch
Supreme Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

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• Madam Speaker,
  
  Your request for an Advisory Case to be heard by the Supreme Court is hereby granted.
  
  While internal discussion continues, the court would like your responses to the following inquiries in order to better establish the facts of this case:
  1. When did the Honorable Kona Kealoha submit his letter of resignation to the Speaker of the House?
  2. When, if at all, was the resignation of the Honorable Kona Kealoha acknowledged by the Speaker of the House?
  3. Are there any House regulations that define a window of opportunity for a representative to withdraw, rescind, or retract a resignation before it is processed?
  4. Are there any House regulations that allow for extended use of the proxy system even without a resignation being involved?
  Should any of the above inquiries have documentation associated with them that can be disseminated to the public through this public docket, we would additionally ask that such documentation be provided as well.
  
  Respectfully,
  
  
  Associate Justice
  San Andreas Judicial Branch
  (909) 257-9183 — [email protected]

[Emily Whitehorse]

San Andreas State Government Personal Email Re: Petition to Invoke Article III, Section 3, Clause 2 of the San Andreas Constitution

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• Supreme Court of San Andreas,
  
  Please find the responses to each question below;
  
  When did the Honorable Kona Kealoha submit his letter of resignation to the Speaker of the House?

  The original email was sent at exactly 1674336811 UNIX time. This would roughly equate to January 21st, 2023 at APROX 9:33pm. The contents of the original email are found below;
  

  Due to extremely unfortunate circumstances, I will no longer be able to fulfill my duties and am resigning effective immediately. A situation out of my control will force me to be out of town for at least a month or two and without a definite return date I believe it's necessary to step down, but I wish you and your team the best.
  
  Kona Kealoha

  Approximately 14 minutes later, this was then retracted by the following email.

  If possible I'd like to rescind my resignation and let my presence in the LRC be continued on through my proxy, Herrman Wolff. UNIX time 1674337655 .
  
  Thank you and sorry for confusion.

  Rest of the email chain

  

  

  San Andreas State Government Personal Email Re: Rescind Resignation and Continue LRC through Proxy

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  • Kona Kealoha,
    
    I hope this email finds you well. I hope you understand how much of a bind this has put myself in, with one party familiar with the resignation suggesting it is constitutionally improper to allow me to continue with your status as representative, even if by proxy. As such, I have proceeded to file with the Supreme Court of San Andreas a petition to immediately proceed with the consideration of the question at hand.
    
    While I await their response, I am curious if you may be able to answer some questions at the core of this conundrum, to be better able to aid in myself coming to a final conclusion. Thank you!
    
    My questions as apart of this investigation are simply are as follows,
    
    A. Would you be able to adequately direct proxy Herrman Wolff to speak on behalf of, or make votes on behalf of yourself.
    
    B. I note that within 17 minutes of your resignation, you send an email to my inbox titled "Rescind Resignation and Continue LRC through Proxy", did you or where you in any way compelled into doing so in a manner that otherwise you would not do so?
    
    C. If my office where to consider the rescinding of your resignation invalid, and thus terminate your tenure as a member of the LRC, would you perceive the act unconstitutional and proceed to request sanctions against the house for violating your rights as a representative, and if so, what legal foundation would you seek to employ (I understand the question is asking for your defense, I am moreso interested in any law, policy, or otherwise I may seek to employ in guiding myself come to a decision).
    
    Please note again your assistance is appreciated, and understand the choice i make either way is no easy choice either way.

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  • Sincerely,
    
    Emily Whitehorse
    San Andreas State Government
    Director of the LRC | Speaker of the House of Representatives
    Rockford Hills City Hall
    Carcer Way, Los Santos.

  
  

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  To help you better understand my decision in rescinding my resignation, it was in no way coerced by any individual, group, or agency.
  
  My initial resignation email was a split-second decision without much thought behind it. I knew that I would have extreme difficulties getting into the city to attend meetings and discussions, something that I am extremely embarrassed by and I was looking forward to helping make real change in the city.
  
  After I sent the email I regretted it as I realized I will still be able to make important changes through my proxy, Herrman Wolf. While I will not be in town I will be available through my government email here, so I saw no reason that I could not be kept up-to-date by Herrman on issues that required my vote or for me to weigh in.
  
  Should the department terminate my tenure on the LRC, I would seek zero repercussions, I would respect any decision made by you or other members. My departure would be embarrassing for me, but it would not change how much I love the city and the work that this committee is doing. My absence from town is not permanent, it's simply something I must do for a month or two. Should I be allowed to continue to operate through proxy, I will be returning before the end of the quarter and would finish my tenure in person.
  
  Thank you and please reach out with any further questions,
  
  Kona Kealoha

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  When, if at all, was the resignation of the Honorable Kona Kealoha acknowledged by the Speaker of the House?

  An exact time cannot be derived, but under penalty of a criminal offense under the State of San Andreas, I affirm to my recollection it had not been more than ~2 minutes before I noticed the email in my inbox. An individual next to me IMMEDIATELY proceeded to contact the next viable individual for the position.
  
  I, Emily Whitehorse, hereby affirm that all information provided above is true and correct to the best of my knowledge, and understand that knowingly providing false information could result in charges and/or fines.
  

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  Are there any House regulations that define a window of opportunity for a representative to withdraw, rescind, or retract a resignation bef…

  
  After a review of all House Resolutions, no resolution mentions the procedures of resignation. The only rule in applicable is "The speaker shall have the authority to revise these rules for a period of 8 months after adoption without debate or vote to provide room to resolve any unforeseen lapses in judgment" (Adopted: "Oct 31, 2022 4:24 pm") However, this rule has not been utilized at this time.
  
  This does not consider any constitutional language.

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  Are there any House regulations that allow for extended use of the proxy system even without a resignation being involved?

  After a review of all House Resolutions, no resolution states how the proxy system is to be used, the only document I utilize to judge the validity of a proxy is found below, under the rule mentioned above.
  

  THE FOLLOWING SECTION IS HEREBY DECLASSIFIED BY ORDER OF THE SPEAKER EMILY WHITEHORSE, UNDER THE AUTHORITY OF THE OFFICE OF THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
  
  

  PROXY VOTING

  • Committee Members have a responsibility that they are able to partake in assemblies and cast their votes on proposals. In the event that a member is unable to attend for various reasons, they have to make an effort to send a proxy in their stead. This proxy may not partake in any discussion with their own views, and should only relay the views and vote of the Committee Member who have delegated their voting power.

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• Sincerely,
  
  Emily Whitehorse
  San Andreas State Government
  Speaker of the House of Representatives
  Rockford Hills City Hall
  Carcer Way, Los Santos.