Bootstrapping India
Main Page       Feedback? MehtaRahulC@yahoo.com



Draft   to   enact   procedure  
CT.01   ---   Jury   System   over   Municipality   Staff





 
Jury System over Municipality Staff --- Section   1   :   Preamble
  This Act is to create a less nexusprone procedure for citizens by which citizens can decide if an employee of municipality needs to be fined/expelled or not.

Section   2   : Format of the act
2.1 Many of the clauses of this law are procedures or instructions, which may be an order or a request. The clause has list of persons for whom that procedure/instruction is meant for.

Section   3   : Appointments of senior officers and their main powers
3.1 [Person responsible for this procedure/directive: Mayor ; Purpose: Appointment of senior officers] Within 2 days after passing this law, the Mayor will appoint 2 persons --- Registrar and JA (i.e. Jury Administrator)

Section   4   : Procedure for citizens to replace Jury Administrator
4.1 [Person responsible for this procedure/directive: Registrar, Registrar’s clerks] A citizen residing in the city can present his ID and specify the serial numbers of (at most 5) candidates he Approves for the position of Jury Administrator. The clerk will enter the requests in the systems and give the receipt to the citizen. The citizen to change his choices any day any month.
4.2 [Person responsible for this procedure/directive: Registrar] The clerk may charge a fee of Rs 2 to Rs 5 to the citizen.
4.3 [Person responsible for this procedure/directive: Registrar] The citizen can withdraw his Approvals any day. There will be no fee from withdrawing the Approvals.
4.4 [Person responsible for this procedure/directive: Mayor ; Purpose: Replacement of Jury Administrator] If any candidate is approved by highest number of citizen-voters and over 25% of ALL citizen-voters, the Mayor will resign or appoint him as new JA within 2 days. If any candidate is approved by over 25% of ALL citizen-voters and his approval is 1% more than existing JA, the Mayor will appoint him as new JA within 2 days. The Mayor will not remove JA, previously approved by citizens, unless Approval goes below 20% of ALL citizens.
4.5 [Person responsible for this procedure/directive: Registrar; Purpose: allowing a citizen to be candidate for JA] Any citizen of India who wants citizens’ Approval for the position of JA can register himself with the Registrar. The Registrar will charge a deposit of Rs 2000 and a monthly fee Rs 100 per month. There will be no fee after over 5% of ALL citizens have approved the candidate.
4.6 [Person responsible for this procedure/directive: Registrar ; ] Word "citizen" in the context of Approval, means citizen above 18 and registered voter resident in the city

Section   5   : Formation of Grand Jury

5.1 [Procedure for JA i.e. Jury Administrator] Using the voter list, the JA will, in a public meeting, randomly select 30 citizens from the voter-list as the Grand Jurors.

5.2 [Procedure for JA] In the first set of Grand Jurors, JA will retire the first 10 Grand Jurors after 10 days, the next 10 after 20 days and the remaining 10 after 1 months. In the subsequent set of Grand Jurors, JA will retire a Grand Juror after a term of 1 month.
5.3 [Procedure for JA] The JA cannot use any electronic device to select a number randomly. He will use the procedure detailed by CM. If CM has not specified the procedure, he will select as follow. Suppose JA has to choose a number between 1 and a four digit number - ABCD. Then JA will have 4 rounds of dice-throw for each digit. In a round if the digit he needs to select is between 0-5, then he will use only 1 dice and if the digit he needs to select is between 0-9, he will use 2 dices. The number selected will be 1 less than the number which comes in case of single-dice throw and 2 less in case of double-dice throw. If the throw of the dices exceeds the highest digit he needs, he will throw the dices again.
5.4 Example - Suppose JA needs to select a page in a book, which has 3693 pages. Then JA will execute 4 rounds. In the 1st round he will use 1 dice as he needs to select a number between 0-3. If the dice shows 5 or 6, he will throw the dice again. If the dice show 3, the number selected is 3-1=2, and JA will proceed to second round. In the second round, he needs to select a number between 0-6. So he will throw two dices. If the sum exceeds 8, he will throw the dices again. If the sum is suppose 6, the second digit selected is 6 - 2 = 4. Like that, suppose the dices in 4 rounds show 3, 5, 10 and 2. Then JA will select digits as (3-1), (5 -2), (10-2), (2-1) i.e. page number 2381. The JA should use different citizens to throw dices.
5.5 [Instruction for JA] Suppose the voter-list has B books, the largest book has P pages and all pages have N entries. Then using above method or method described by CM, JA will select 3 random numbers between 1-B, 1-P and 1-N. Now suppose selected book has less than that many pages or the selected page has fewer entries. Then he will again select a numbers between 1-B, 1-P and 1-N.
5.6 [Procedure for JA] In the first Grand Jury, JA will retire the first 10 Grand jurors after 10 days, the next 10 after 20 days and the remaining 10 after 1 month. In the subsequent Grand Juries, JA will retire the citizen after a term of 1 month.

Section   6   : Meetings of Grand Jurors and compensation

6.1 [Procedure for JA, Grand Jurors] The Grand Jurors will meet on every Sunday. They may meet on more days if over 15 Grand Jurors approve. The number must be "over 15", even when less than 30 Grand Jurors are present. The meetings, if happen, must start at 11am and last till at least 5pm. The Grand Juror will get Rs. 100 per day he attends. The maximum payment a Grand Juror can get for his 1 month term will be Rs 1000. The JA will issue the checks 2 months after a Grand Juror completes the term.
6.2 [Procedure for Grand Jurors] If a Grand Juror is absent on a meeting, he will not get Rs 100 for that day and may loose upto Rs 300 per day he was absent as a fine. The individuals who are Grand Jurors 30 days later will decide the fine.
6.3 [Procedure/Instruction for JA, Grand Jurors] JA will start the meting at 11am. The JA arrive in the room before 10.30am. If a Grand Juror fails to arrive before 10:30am, JA will not allow him to attend the meeting and mark him absent.

Section   7: Proceedings against an officer of Municipality

7.1 [Procedure for Citizens] If any citizen has evidences against an officer of Municipality, he can send letters to all or some Grand Jurors. If over 15 Grand Jurors, in a meeting, issue an invitation, the citizen may appear. The Grand Jurors may or may not invite the employee.

7.2 [Procedure for JA] If over 15 Grand Jurors declare that there is some merit in the complaint, the JA will call a JURY consisting of 12 citizens from the city to examine the complaint. The JA will select more than 12 citizens randomly, and send them summons to them, and of those who arrive, the JA will select 12 at random.

7.3 [Procedure for JA] JA will appoint an assistant as a CC (Case Coordinator). The CC will be selected at random on every hearing of the case. Preferably, the CC should have LLB, but this will not be a must.

7.4 [Procedure for Case Coordinator] The trial will go from 11am to 4pm. The trial will start only after all 12 Jurors and the complainer have arrived. If any party has not arrived, the parties who have arrived must wait till 4pm and then only they can go home.

7.5 [Procedure for Case Coordinator] The CC will allow the complainer to speak for 1 hour, during which no can interrupt. Then CC will allow the employee to speak for 1 hour during which no one can interrupt. Like this, the CC will alternate case. The case will go on like this on every day.
7.6 [Procedure for Case Coordinator] The case will go for at least 2 days. On the 3rd or later, if over 7 Jurors declare that they have heard enough, the case will go on for 1 more day. If on the next day, over 7 out of 12 Jurors declare that they would like to hear more arguments, the case will go on till over 7 say that case should end.

7.7 [Procedure for Case Coordinator] On the last day, after both parties have presented the case for 1 hour each, the Jurors will deliberate for at least 2 hours. If after 2 hours, over 7 Jurors say that they need no more deliberation, the CC will ask each to declare his verdict.

7.8 [Procedure for Case Coordinator, Grand Jurors] In case a Juror or a party does not show up or shows up late, the Grand Jurors after 3 months will decide the fine.


Section 8 : Fine/expulsion of a Municipality's employee

8.1 [Procedure for Mayor] If over 8 out of 12 Jurors declare that the employee is not fit to serve the citizens of the city, the Mayor will resign in 2 days or ensure that employee is expelled from the work force.

8.2 [Procedure for Mayor] Alternatively, the Jurors may declare a fine of 1 to 10 monthly salaries of that employee. If over 8 out of 12 Jurors declare a fine, the Mayor will not allow him to resume the service till he has paid the fine in full. And the Mayor will ensure that he gets no payment while he was not on the service. If the employee does not pay the fine in 90 days, the Mayor will resign or ensure that the employee is expelled.

8.3 [Procedure for Mayor] If 4 or more Jurors disagree with expulsion or fine, the Mayor will not take any action against that employee.

8.4 [Procedure for Mayor] If a judge asks to cancel the fine/expulsion, the Mayor will resign or ask JA to call 12 citizens' Jury to review the judge’s order.

8.5 [Procedure for Mayor] If over 8 citizens declare that the judge’s order is unconstitutional, illegal, possibly motivated by favoritism/corruption and is also against the Nation’s Interest, the Mayor will resign or disobey the judge’s order. If the Mayor is afraid of "contempting the court" he will resign. If less than 8 Jurors disagree with judge, the Mayor may obey the judge.


Section 9 : Protection to an employee

9.1 [Procedure for employee] If an employee of Corporation has evidences to show that he is transferred/suspended/expelled by Mayor or by his senior officer for a wrong reason, he may approach Grand Jurors. If over 15 Grand Jurors declare that the complaint is worth examining, the JA will randomly choose 12 citizens to review his case.

9.2 [Procedure for Mayor] If over 8 Jurors declare that the transfer/suspension/expulsion is unconstitutional, illegal and against the National Interest, then within 2 days, the Mayor will resign or ensure that his transfer/suspension/expulsion is cancelled.


Section 10 : Contract with a Municipality's employee

10.1 [Procedure for Mayor] The Mayor will resign or ensure that EVERY new-coming employee of the Corporation signs the following contract

      The Contract with the Citizens

    1. I agree to serve the citizens and NOT the officers, Representatives, Ministers and judges.

    2. I believe that the citizens create the State and the Legitimacy of the State, not the Representatives, Ministers, officers or judges. Therefore, I believe that citizens own the State, not the Representatives, Ministers, officers or judges. And so, I truly believe that the law as interpreted by citizens comes above the law as interpreted by the Representatives, Ministers, officers or judges.

    3. In case of dispute about expelling me from the service, I will accept Arbitration by Citizen-Jurors. I promise that I would resign if over 8 out 12 Jurors declare me misfit. I promise that if I am expelled by the Jurors, I will not complaint before a judge or Mayor or Minister or anyone else.

      __________________________
      (sign)

10.2 [Procedure for Mayor] The Mayor resign in 2 days or will request all the existing employees of the Corporation to sign the above contract.

10.3 [Procedure to Mayor] 3 months after passing the law, the Mayor will resign or transfer all the employees, who have NOT signed the above contract, to a completely useless position.


Section   11   : Other Details
11.1 The rupee amount used in this text uses July-2000 price levels. The standing committee can adjust the amounts every six months using RBI’s Inflation Index.
11.2 If the officer does not execute a procedure or ignores an instruction stated in this Resolution/Act, a citizen can file a complaint before the Grand Jurors. In case there are is no Grand Jury, the citizens can appeal to the Mayor to setup a Grand Jury. But under this law, a citizen cannot complaint before Mayor, Corporators, CM, MLAs, PM, or MPs.
11.3 The Jurors will judge this Act, guidelines, intentions as well as the facts related to the case


-----------------(end of the draft) -----------------