C. Maria Caeca Omnibus in foro S.P.D.
I am proposing to take up a fair amount of your time and attention, and I ask for your forbearance ahead of time, but I felt this is important enough to comment extensively. I have interspersed my commentary throughout the original post. CMC
Cn. Iulius Caesar Dictator sal.
I have been formulating the exact methodology necessary to create the new structure for Nova Roma, that separates the functions of the non-profit and the res publica. This is work in progress, but here is the general concept, based on Nova Roma Reborn (NRR).
So for those of you who glossed over this, or who have forgotten the thrust of NRR, Nova Roma will separate its functions. The non-profit corporation will be on one side. On the other side will be the res publica.
CMC: This issue has plagued us ever since I joined NR, and I have no doubt for years before that. We have tried, very hard, to walk a tightrope between having a Roman Republican Government that is at the very least strongly based on the ancient model, while at the same time, abiding by the rules and regulations of the State of Maine, which control our NFP corporation. Where there are conflicts, the State which holds our NFP status wins, as it must, every time. However, by separating the Corporation and the Res Publica, we can, in fact, have both a fully functioning Roman Republican Government, grounded in Roman law and tradition, and modified to work in our own time, AND a NFP corporation that can meet all State and Federal requirements. This separation protects both the NR Corporation and our Republic in many important ways.
In order to create arms length distance between the non-profit and its associated regulations (that have always conflicted with the needs of a res publica), another corporation will be created. I will call it Triumvirate Inc. for identity purposes and to save confusion (as I referred to it as Res Publica Inc. in NRR and some people got muddled between that and the actual res publica) This will be a private corporation. It will have a Board of Directors, chosen from members of this House, but not all (for reasons I will explain below). It will function essentially as the management company for the res publica, but it will not involve itself in daily management. it will be the fail-safe device in case the wheel falls off. That is explained further below.
CMC: While I had to keep firmly reminding myself that this is a name of convenience, used for identification purposes only, I understand why naming the management corp. Res Publica INC. can be confusing. In fact, though I thought I had them separated in my mind, I found that having 2 very separate names gave me a more clear picture of how the management corp. will work. I had very serious questions and concerns about the interactions of these 3 entities, including potentials for abuse which concerned me. However, I also acknowledge and fully understand that we simply cannot continue as we are and continue to grow, let alone prosper, so I decided, before speaking on this, to be absolutely sure I entirely understood, and had thoroughly considered this update. I had not, originally, intended to post my thoughts publicly, but I have changed my mind, in the hope that by seeing my process and conclusions, others might be inspired to contribute creative ideas, or, in correcting my errors, come up with even more workable and positive solutions.
The first thing I had to overcome was my initial, almost instinctive resistance to such sweeping changes. Reading about such things in a position paper, and seeing them take on substance and form are 2 very different things, and I found myself wondering if what was taking shape would have even the slightest resemblance to the organization I joined in 2006, and to which I have given both loyalty and effort. None of what I read felt even slightly familiar, and that, of course, was the problem. I had to leave my comfort zone, challenge my own assumptions about what we are, where we want to go, and how we could get there. Once I was able to forcibly pry the fingers of my mind from its stranglehold on the familiar, and accept that I would have to go into new territory, I was also able to begin a point by point unemotional and at least somewhat logical examination of what is being done, get some idea (perhaps) of how it will work, look for real, not imagined pitfalls, and even make a couple of relevant suggestions.
As a private corporation it is not subject to Maine laws on non-profits - thus freeing us finally from the incessant need to balance Roman law with the needs of a non-profit set of regulations. The function of running the res publica will be delegated by Nova Roma Inc. to this new entity. The linkage between the two corporations will be in the form of a service contract, which will place obligations on both sides; Nova Roma Inc. for example will commit to not interfering in the running of the res publica (obviously for so long as the terms of the service contract are adhered to) so we maintain the principles of Roman governance inside the res publica. The res publica in turn will have no control over funds or assets (though our assets - in the widest sense including Yahoo lists and not getting into "ownership" but ownership of assets in the sense we have custody of those lists - will be "loaned" to the management company for the use of running the res publica), which will only be controlled by an elected BoD that includes members directly elected by the members.
And this highlights some of my concerns. If Nova Roma Inc. has sole control of NR’s assets, especially our financial assets, then what is to prevent the BoD of NR Inc to arbitrarily impose its will on both the private corporation, and through it, on the Res Publica by simply withholding the funds necessary to meet our ongoing needs? Yes, I’ve been told that the private corp. can terminate the contract, but that isn’t likely, since doing so would mean that it, and the Res Publica would have to find a way to operate without any resources whatsoever, and that just isn’t going to happen. Also, if NR Inc “loans†such intangible assets as lists to the private corporation, what is to prevent the private corporation from micromanaging the Res Publica, making the Res Publica’s magistracies meaningless empty titles without any real authority? The BoD of the private corporation could, for example, simply decide to manage all lists, and relegate the Praetors effectively to being scribes, if that.
Actually, there are checks and balances that cover these scenarios, and they are contained in the fact that both boards of directors will contain members elected from the citizenry of nova Roma. The terms of membership on both boards will be limited to a specific time period, and, hopefully, the make-up of both boards will be such that no one clique or group of people can dominate either BoD and impose its will permanently. Also, in cases of drastic action, I expect that the majority necessary will be high enough that no small group of members can, for example, close the Senate. I also expect that there will be a mechanism through which the Senate, if necessary, (and again, with a super majority vote required) appeal directly to NR Inc. Question: will there be some sort of contractual agreement between the private corporation and the Senate of the Res Publica, spelling out the functions and duties both of the private Corporation and of the Magistrates and Senate of the Res Publica, along with the means of redress for each?
Nova Roma Inc <---- service contract ---
Nova Roma Inc. will become the outward facing side of the coin that is Nova Roma, being responsible for the administration of the USD funds, collecting what will now be termed membership fees (the issue of what members receive for those fees and thus the applicability of US citizens writing it off as a tax deduction is moot, as they have always received the right to vote. That isn't a tangible benefit as such), admitting new members via the database system currently termed the caesura tools, negotiating grant applications, striking Memorandum of Understandings with appropriate groups. A new Board of Directors structure will be created, using traditional corporate titles that are appropriate for a non-profit (being easily understood by regulators and the IRS). This will include Board members chosen from selected areas of the res publica, Senate, collegia etc. These institutions will choose their own members to go forward to the BoD of Nova Roma Inc. by means of internal elections and resolving it in the form of Senatus Consulta and decreta. Nova Roma Inc. will in turn organize an election where for the number of seats reserved on its board for directly elected members, candidates will be invited to step forward with appropriate nominations, and then an election run to fill those seats. The members can get direct input into the non-profit side this way. Very appropriate and normal for a non-profit. Both sides of the coin are thus represented on the new BoD structure of Nova Roma Inc. - the res publica components and the core membership. I will balance the structure to ensure that dominance by one side or the other on the NR Inc BoD is unlikely, and consensus will be required. Measures will be legislated in the founding documents to ensure that destructive politicking by demagogues does not occur within the BoD. Three year term limits will be set on all director positions on the NR Inc. BoD, and then they will have to stand for election again if they wish to continue. This will ensure turn over, fresh faces hopefully and a limitation on "empire building" inside the BoD, yet because the director positions will be staggered the BoD will not lose all its experience every three years and have to start afresh. Experience will be retained, and 1/3 of the BoD will face election each year.
CMC: And here is the balance that will make this concept work. The composition and staggered terms of BoD membership ensure that all interests will be meaningfully represented, and that no small group of individuals can hold the organization hostage and impose the will of a very few on the entire membership, directly or indirectly.
In order that a conflict of interest does not occur, no member of the BoD of Triumvirate Inc. will be able to serve on the BoD of Nova Roma Inc. Members of the Senate who are not members of the BoD of Triumvirate Inc. will be able to serve on NR's BoD (if elected) as they have no direct connection to Triumvirate Inc. Members of Triumvirate Inc's BoD can of course without impediment be members of Nova Roma and sit in this House.
So the role of Triumvirate Inc. is to provide a legal framework for a contract, for NR Inc. to be able to devolve its running of the res publica to it and thus free the res publica from Maine state non-profit restrictions (as the res publica and its entities won't control assets like USD $ funds, and finally as a failsafe. Why a fail safe? These recent events have demonstrated why. I envisage that Triumvirate Inc. will devolve its authority to the Senate for 99.99% of issues.
I would rather see this arrangement in a more tangible and permanent form than anyone’s vision, since most visions of how things are supposed to work are based on the concept of the envisioned and tend to be entirely in agreement with the creator’s views. I would hope that some sort of memorandum of understanding, or better, contractual agreement would exist between the private corporation and the Senate of the Res Publica, confirming that the private organization would devolve the day to day operations of the Res Publica to its duly elected Magistrates.
It will only be if the Senate is incapable or unwilling to control a situation of tumult, or a proposed course of action that threatens to conflict with the terms of the service contract (the obligations NR Inc. places) OR if a future Senate goes insane and tries to unbalance the system. This will become even less likely with other reforms I will be instituting, so it maybe that Triumvirate Inc. as an entity never has to involve itself in the affairs of the res publica because we collectively in the Senate and our descendants ;) will keep a firm grip on situations in future. It will be the red button that never has to be pressed. Dictators may come and go in the res publica, but if even that doesn't work then Triumvirate Inc. will have the ability to step in and reset the system. We cannot afford extreme gridlock and disorder and chaos putting us off track once we are on it.
CMC: And what is to prevent a majority of the BoD of the private corporation from manufacturing noncompliance with the terms of the contract between it and Nova Roma Inc. for the purpose of micromanaging the Res Publica and removing all authority from the Senate and Magistrates at will?
I am introducing two concepts (thanks to Gualterus for his Latin input): ius rei publicae Novae Romanae (the service contract spoken of above) and ius civitatis Novae Romanae. Ius as a concept here will be the expression of legal principles. It will lie outside of the scope of the legal code of the res publica.
It will NOT be able to affected by the institutions of the res publica, not even the Senate or comitia. Core concepts will be set in stone. So for example the institutions of the res publica will be established there, senate, collegial etc. the supremacy of the religio publica will be established there. Adherence to a Roman republican governance system will be included. Also the concept of the mos maiorum and the goals and purposes of Nova Roma (see Nova Roma Onward for those concepts relating to sovereignty and how we will define it) To this end Sulla is separating the components from the constitution that have to go to the non-profit side and those to the res publica side. As it will form a contract, even Nova Roma Inc's BoD will not be able to alter them. It will be a perpetual contract that will exist so long as its terms are adhered to. Naturally the expectation is the Senate here will ensure that nothing is attempted that breaches them, and as the fail safe, as described before, Triumvirate Inc. can step in ultimate cases to protect the principles of the ius rei publicae Novae Romanae.
CMC: this seems to be one of the most sensible proposals I have ever seen in my entire association with Nova Roma. I am still concerned that the private corporation can, by manufacturing violations where they do not exist, completely subjugate the Res Publica, and reduce it, its Magistrates and even its Senate to a meaningless role playing game, filled with nothing but rhetoric and empty titles, but I can also see how, if it works as designed, this would provide a strong foundation for the Res Publica and very clear vision for its management in perpetuity.
The ius civitatis Novae Romanae will be the terms of citizenship within the res publica. A person will be able to join Nova Roma Inc. but not necessarily participate in the res publica. This opens the door to those academics suspicious of what they see as "role playing" to participate without sullying their academic reputations. naturally the hope is that in these cases over the course of time they become more comfortable with the res publica and participate. So at the point someone joins NR Inc, and then elects to participate in the life of the res publica they will be required to assent to the terms of the ius civitatis Novae Romanae. These will be binding undertakings the citizen commits to, such as:
Undertaking to uphold and respect the provisions of the ius rei publicae Novae Romanae as inviolate
Undertaking that not a member of a competing organization
Undertaking to uphold and respect the legal code of the res publica
Undertaking to follow the directions of duly appointed magistrates and officials of the res publica
Undertaking that citizenship is contingent of acceptance and continued adherence to ius civitatis Novae Romanae
Undertaking to respect the Religio Romana
Undertaking re not engaging in conduct likely to harm to Nova Roma Inc. and/or Triumvirate Inc. and/or the res publica (includes misrepresentation, speaking as though authorized etc)
Undertaking to preserve and protect assets (inc. lists) that are identified as official lists of the res publica, and to surrender custody of same when lawfully required to do so
Note, this is an undertaking between the citizen and Triumvirate Inc. as the delegated legal manager of the res publica environment. Once they assent they will pass under the "authority" of the institutions of the res publica and its laws. Why this? To ensure we don't
get wrapped up in legalism over whether the laws of the res publica allow for this or that. From now on it will be cut and dried and the interpreters of any breache
s of these fundamental principles will be the institutions of the res publica first and ultimately if their view diverges from that of the BoD of Triumvirate Inc. (unlikely but theoretically possible) then the BoD of Triumvirate would have the final say. These are firm and fast terms of service for entry into the res publica, or citizenship requirements in our more Roman terms. Note citizens also agree to uphold the ius rei publicae Novae Romanae.
So the flow of members will be:
Nova Roma Inc <---- ius rei publicae Novae Romanae ---
Members ^^^^^ -----------------------------------------------
CMC: I had to read this section multiple times, because it appeared to me that the private corporation would completely subjugate all functions of the Res Publica, making all Magistracies and even Senate membership empty and meaningless. Seeing the “authority" of the Res Publica in quotation marks didn’t help, either, but I see how this will work, and how a member will move from acceptance in NR Inc to citizenship. I do wonder, though, what the functions of the Censura will be under this new regime.
What do we gain by this? The Constitution goes. Nova Roma Inc. will have one, but a much slimmer and corporate facing and focused one. Everything that is core for the res publica will be locked into the ius rei publicae Novae Romanae and ius civitatis Novae Romanae. The long and torturous Constitution will reduce to simple core concepts that don't have to face legal challenge, because the interpretation by the Senate or in extreme conditions by Triumvirate Inc is final. Also as stated "ius" will not lie within the purview of the res publica to alter on its own, Now while the ius rei publicae Novae Romanae cannot be broken unilaterally by either side, I will include a provision where it can be altered WITH CONSENT of all parties, Nova Roma Inc. BoD, Triumvirate Inc BoD and the Senate of the res publica. We must allow for developments unforeseen, but the bar to changing it will be set high with extraordinary majorities being required.
CMC: I would like to present 2 metaphors that I used (I think successfully) to understand the relationships of Nova Roma Inc., the private management corporation Triumvirate Inc and the Res Publica. Just as the ancient legions were deployed along the borders of the Republic and Empire to patrol against Barbaric invasion, NR Inc patrols our “borders†and deals with such Barbarians as the IRS and the State of Maine, who neither understand nor care about our culture, or about what we are attempting to do. In fact, NR. Inc. is our first line of defense, because it can deal with other entities on their own terms and in their own “languageâ€, and can ensure that our corporation is in full compliance with the laws and regulations under which any NFP corporation must function.
Triumvirate Inc, the management corporation is like the Pomerium that guards the sacred precincts of Rome itself, and, like Janus, has 2 faces. One looks to the outside world and deals with NR Inc, and is ultimately accountable for the good management of all functions of the Res Publica in general terms, and the other face looks inward to ensure that the Magistracies of the Res Publica function as they were designed to function, and that the Senate sets policies that will not create legal macronational problems for Nova Roma Inc that would endanger our NFP status, or that any institution attempt to hijack the Res Publica for any reason.
At the heart of this structure is the Res Publica (and this is what draws us, and keeps us, here). With these protections, it will be free to create what we have always wanted, a viable, fully functioning Roman Republic, modified to meet the needs of our modern time in ways that our ancestors might have used, had the Republic survived into this century.
I also used the metaphor of a cake composed of 3 horizontal rings, one inside the other, with the Res Publica being at the center of the cake. Both, in their way, helped me to envision what is being constructed, and how each part is interdependent on each other part to be meaningful and fully functional.
At this point those here who are contemptuous of any emotional content should probably stop reading ïŠ, because I wouldn’t be me if I didn’t express my feelings. If I could, I would look directly into each of your eyes, and take your hands, and say “please, listen to me now, because I think this is important.†Yes, I have expressed concerns, and yes, I may have asked some pointed questions, but do not confuse minute examination with opposition. This initiative is the first step in a process that, once fully implemented, will allow us to accomplish the original intentions of the Founders of Nova roma, and this plan will also protect our assets, our status and allow us to expand and evolve into what we should become. But the first thing we need to do, each of us, is to embrace these sweeping changes as the greatest adventure in the history of Nova roma, and not see them as threats, either on an organizational or even personal level. We can do this, because, before the Gods, we ARE ROMANS. So, my fellow citizens (and as such, my friends) I challenge you to move firmly, even joyously into the future this plan offers, and to help create something truly unique and wonderful. Let us build a new Nova Roma, one that will outlive us, be flexible enough to recreate itself should the need arise, yet also be true to its heritage, ancient and modern. But remember that none of this can be done by the actions or efforts of 1 or 2 people. It needs the full participation of each and every citizen, because the greatest balance we have against abuse of power does not lie in our laws, institutions or contractual agreements. It lies in citizens taking their responsibilities seriously, and becoming not observers, but fully committed participants. That means voting in every election, voting for every lex, debating and discussing (constructively) all issues, serving where work is needed to be done, and taking part in all aspects of our community life. Those who would abuse a system can do so only if the people who are part of that system, by their apathy and nonparticipation, permit it.
So this is enough for now. The details of the draft ius rei publicae Novae Romanae and ius civitatis Novae Romanae will be forthcoming.
Optime valete
I would like to thank any brave soul who has taken the time and trouble to read this extremely long post! I’d promise never to do this again, but, given the tasks upon which we have embarked, such promises would be empty. I do hope, though, that, at the very least, what I have written has sparked either additional questions, or better, creative ideas.
Valete quam optime!
C. Maria Caeca
I would
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