Preamble

WHEREAS We the People of the United States of America, are at once a class of shareholders, of citizens, and of slaves subject to the mortmain of corporations; and

WHEREAS the United States of America is a true Roman Republic, ruled by imperialist-capitalist expropriators, consuls, and soldiers; and

WHEREAS the civil security and representation of the economic base of society — the working people, or Proletarium Plebis — underlies the dialectical movement (i.e., “deliberative governance”) of all imperialist-capitalist states; now

THEREFORE let THIS CHARTER establish the Commission on Information and Community Intelligence (See, Schedule A) in the form and function of Concilium Plebis (“People’s Assembly”); let each Ombudsperson empaneled therein, being duly commissioned under Schedule A (as amended), have the powers of Tribunus Plebis (“People’s Tribune”) of their Locale; and let this Tribunal consolidate the dictatorship of the proletariat in a form and function reasonable to be holden in our republican, democratic society.

Article 1. Mons Sacre

Let us follow the example set forth in Titus Livy’s Ab Urbe Condita Libri in which the Roman Plebis, after having seceded en masse from the City of Rome to Mons Sacre (“Sacred Mount”) in response to the class struggle of 495-4 B.C., agreed to negotiate for their return to the city; and their condition was that special tribunes should be appointed to represent the plebeians, and to protect them from the power of the consuls. No member of the senatorial class would be eligible for this office (in practice, this meant that only plebeians were eligible for the tribunate), and the tribunes should be sacrosanct; any person who laid hands on one of the tribunes would be outlawed, and the whole body of the plebeians entitled to kill such person without fear of penalty. The senate agreeing to these terms, the people returned to the city [Wikipedia Article Tribune of the Plebes]. Upon that “Sacred Mount” they builded a temple – a temple of self-representation. Likewise, We, the People of the United States of America, shall establish our independence from within, and we shall practice rule and governance in the interest of our Community; therefore, so long as the United States exists, we shall be called the [Redacted], and our slogan E Plebiscita.

Article 2. Maior Potestas

The particular rights (maior potestas) of the Tribunate (“the Tribunal” or “the Djadjat”) are these:

(1) power of magistratus, or to have chief jurisdiction in the function of “priest, lawgiver, and judge” in the matters of the proletariat;

(2) power to convene a Concilum Plebis (also known as Syndicatus Ecclesia) and to pass measures e plebiscita;

(3) Ius Intercessionis (Intercessio), power to intercede on behalf of the proletariat and veto the actions of magistrates or senators;

(4) Provocatio ad populum, the power to appeal the action of a magistrate or senator to the assessment of the Tribunate upon proclamation of the words Appello Tribunos (“I call upon the Tribunes”) or Provoco ad populum (“I appeal to the people”), precursor to habeas corpus, or “to have the body” [of a defendant or detained] before a Court for trial;

(5) [Potentially] power to call the Senate of the United States in Congress Assembled to order and to lay proposals before it.

Article 3. Decentralized Autonomous Organization

Tribunus Plebis, or the Tribune of the Proletariat, shall preside over Concilium Plebis, or the national council of the working-class people; and this Council, or Congress, shall operate as a Decentralized Autonomous Organization (DAO). Decentralized means anarchist, literally, “without ruler”; Autonomous means to operate a stored program; and Organization means system. Program (in “stored program”) means instructions, or legislation, for performing the functions of the DAO. The Tribunal shall write, store, and execute this Program according to the will of the People in Congress Assembled. The program is stored in the memory of the units, who are the members of the DAO. The members of the DAO are these:

(1) The fundamental processing unit of the DAO is the natural person, or individual, called a bit. These people are the bytes of the DAO.

(2) These people are then organized into communities, each of which is called a committee, or Cmte. The committee is local to a geographic area and is made up of committee members, who may be organized into 8-bit subcommittees.

(3) One or more committees constituting one local geographical area are called a Community-Centered Cooperative Corporation, or Corp. The corp is the “core” of the local community.

(4) Two or more corps of a geographic region constitute a multi-corp processor, or central processing unit (CPU). There are multiple corps within a processor (i.e. a “CPU,” or “integrated circuit/current ‘C’”).

(5) This organizational structure continues throughout any number of regional corps to ultimately constitute a national corp (“NC”), and international corp (“IC”).

Article 4. Concilium Plebis

The national body corporate (or “National Corp.”) which is constituted by regional processors, in turn constituted by community-centered cooperative corps, in turn constituted by community committees, shall constitute the Popular Tribunal, or General Assembly, of Concilium Plebis, which Council shall be presided over by a body of Magistrates duly appointed by and for each Tribe of People in America; and a Speaker, Chair, and Vice Chair shall be appointed from among them. This Council shall (at length) usurp the House of Representatives in the bicameral legislature of the United States of America, and the representatives of the incumbent imperialist-capitalists (owners of historically accumulated means of production) shall be restricted to the Senate; and the Supreme Court of the United States shall be the court of the nation’s kapital; and its Chief Executive Office shall be that of the nation’s imperium; and these powers shall represent the will and interests of the nation’s domestic and multinational corporate states;

Article 5. Resolution

WHEREFORE be it hereby resolved that the kapital, imperium, and means of production of the collective working people of America shall rest with Concilium Plebis of the United States in Congress Assembled; and the powers of the people shall be with this Tribunal; and the will of the people in law shall be with this Tribunal; and the judiciary of the people shall be with this Tribunal; and the executive magistracy of the people shall be with this Tribunal, at its community, co-operative, regional, and national levels. In this way shall the representatives of the working people check and balance the power of the Capitalist Expropriators and commence the dialectic work of progressive political-economic development; and together we shall be called Senatus Populusque United States, S.P.Q.U.S., the Senate and Populous of the United States of Al’Maghreb Al-Aqsa, Amenta-Meri-Akha (“America”) in Congress Assembled.

Schedule A

MODEL REGULATIONS OF THE OFFICE OF OMBUDSMAN

1.0.0   SHORT TITLE.

1.1.0 BE IT ENACTED BY THE [CLIENTS] OF THE [LOCAL], That this act may be cited as the “Ombuds Act of 2019”.

2.0.0   DEFINITIONS.

2.1.0   In this Act –

2.1.1   The terms “Ombud”, “Ombudsperson”, and “Ombudsman” shall mean any contract service provider performing in their own right, capacity, and private practice as an advocate, consultant, or representative of their clients’ interest.

3.0.0   COMMISSION OF INFORMATION AND COMMUNITY INTELLIGENCE; ESTABLISHMENT.

3.1.0   There is established independently within the [Local] a Commission of Information and Community Intelligence (“Commission”), which shall exist by and through the institution of a profession of qualified Ombudspersons (“Commissioners”), who shall render, unto whomsoever shall desire and pay for (“client(s)”, “clientele”), such services as are set forth in Section 6.0.0.

4.0.0   OFFICE OF OMBUDSMAN FOR EQUITABLE REPRESENTATION OF INFORMATION; ESTABLISHMENT; TERM.

4.1.0   There is established among each Commissioner an independent Office of Ombudsman for the Equitable Representation of Information (“Office”), which shall be performed by each Commissioner in their own private practice, and pursuant to such lawful business practices as set forth by them.

4.2.0   (a) The Ombudsman shall be a [Local] resident within 180 days of appointment.

(b) The Ombudsman shall serve for such terms as defined by their client(s), and may, in good standing, renew such contract(s).

(c) After notice and an opportunity to be heard before their client(s), the Ombudsman may have their contract terminated only for cause that relates to the Ombudsman’s character or efficiency.

4.3.0   The purpose of the Office of Ombudsman is to serve in an impartial, independent, and neutral position of trust in order to to equitably represent the interests and concerns of clients and the state of community intelligence.

4.4.0   (a) The Ombudsman shall have exclusive authority to administer its own business practice, laying its foundation on such principles and organizing its powers in such form, as shall seem to them most likely to affect their economic longevity; wherefore

(b) Each Ombudsman shall be empowered in their own right to pay and/or receive market-rate compensation for labor and services rendered and to make and/or receive payments and distributions in furtherance of the purposes set forth in Section 6.0.0.

4.5.0   Neither the Ombudsman nor the Commission shall purport to represent the opinion of the [Local] or any government entity.

5.0.0   QUALIFICATIONS.

5.1.0   The Ombudsman shall:

(a) Be hired or contracted on the basis of demonstrated social reform consciousness;

(b) Be hired or contracted on the basis of integrity;

(c) Possess a demonstrated ability to analyze issues and matters of law, administration, and policy;

(d) Possess experience in the field of social work, counseling, mediation, law, policy, or public administration or auditing, accounting, or other investigative field; and

(e) Have personal business experience that demonstrates an ability to fairly transact goods and services and competently enter into contracts on their own behalf.

6.0.0   OMBUD SERVICES.

6.1.0   The Ombudsman shall:

(a) Provide outreach to clients, and to further this purpose, have the due regard of all individuals within the [Local];

(b) Encourage communication between clients and the venues of society and government about which they raise concern;

(c) Serve as a vehicle for clients to communicate their complaints and concerns and to petition for a redress of grievances (i.e., to submit information) regarding matters of their personal or collective interest or concern through a single office;

(d) Respond to inquiries and information with helpful information according to the applicable business terms and conditions;

(e) Receive information from clients concerning matters of their interest or concern, including policies and procedures;

(f) Determine the validity of (“vet”) any information quickly and professionally;

(g) Examine and address valid information;

(h) Generate opinions or options for a response, and inquire into the outcomes of each response.

(i) Refer client to appropriate venue of mediation or resolution of the information, or respond appropriately;

(j) Except when the parties have initiated legal or administrative proceedings involving the information, resolve inquiries regarding information presented by clients, either through judgment by arbitral tribunal, or through other informal measures.

(k) Develop and maintain database that archives and tracks information, identified by client, and the resolution or judgment of the information.

(l) Identify systematic concerns and recommend to their client(s), or, to the Commission, policy changes, staff training, and strategies to affect the public or private perception of colored people.

(m) Within 30 days of the next regular Public Meeting of the Commission, submit to the general public of the [Local] a report summarizing the work of the Ombudsman during the previous [term], which shall, at minimum, include an analysis of the types and number of:

(1) Information received;

(2) Information examined and resolved informally;

(3) Information examined and resolved through a formal process;

(4) Information dismissed as unfounded;

(5) Information pending judgement or resolution;

(6) Referrals made; and

(7) Number of contracts privileged.

(n) Identify community-level concerns based upon a pattern of information and render opinions or judgments to affect the knowledge and perception of clients.

(o) Have the authority to issue reports and proclamations related to the Office of Ombudsman’s work without prior review or approval by another entity, subject to the terms of active and in force operating agreements.

7.0.0   AUTHORITY.

7.1.0   The Ombudsman shall:

(a) Have access to the information and any books, records, files, reports, findings, and all other papers, forms, or media of information (“documents”) which are submitted by a client to their Office in the course of regular business practice.

(b) Speak in regard to the issues of clients under the purview of the Office of Ombudsman with any person whatever.

(c) Be permitted entry onto any property to which their client is permitted entry in order to observe matters pertaining to inquiries and information which has been raised by the client; provided, that the property manager or owner have a reasonable expectation of personal privacy, safety, good faith and confidence.

(d) Examine and investigate acts pertaining to information, including whether such acts are inequitable, unreasonable, or discriminatory, even though in accordance with the law;

(e) Determine which information warrants further examination and investigation;

(f) Bring persons together to resolve conflicts that are not in formal legal or administrative proceedings;

(g) Examine any matter under the purview of the Office of Ombudsman, whether initiated by information or another means;

(h) Be permitted to enter into private contracts styled “Charging Documents” or “Papers,” or known by any other name, wherein the Ombudsman may be charged by any client to perform ombud services regarding specific subject matters or affected populations; which contracts shall identify a term limit, subject matter jurisdiction, schedule of deliverables, and hourly rate of work; and which may provide for agreements or designations of “confidential privilege” or “non-disclosure” relating to workproduct, findings, opinions, and/or judgments made thereto pursuant;

(i) Forward to the Commission of Information and Community Intelligence all information that requires further action by the body.

8.0.0   LIMITATIONS; PROTECTIONS

8.1.0   The Ombudsman shall not:

(a) Disclose personally identifiable information regarding a client or persons named in information submitted by clients without the specific written consent of the client;

(b) Have the authority to take any personnel action regarding clients;

(c) Examine or investigate any matter that would be under the exclusive jurisdiction of the [Local];

(d) Provide legal advice or legal representation.

8.2.0   The Ombudsman shall not:

(a) Be compelled to testify in a legal or administrative proceeding regarding a current or past Office of Ombudsman examination or investigation or to release information, including documents and records, gathered during the course of an examination or investigation;

(b) Be held personally liable for the good faith performance of his or her responsibilities under this act, except that no immunity shall extend to criminal acts, or other acts that violate District or federal law; or

(c) Be subject to retaliatory action for the good faith performance of his or her responsibilities under this act.

8.3.0   The Ombudsman shall not be held personally liable in damages for any official act performed by them in good faith pursuant to their applicable business terms and conditions.

9.0.0   COMPLAINT RESOLUTION SERVICES.

9.1.0   The Office of Ombudsman shall provide complaint resolutions services, which shall be available to clients.

9.2.0   Participation in complaint resolution services provided by the Office of Ombudsman shall be voluntary.

9.3.0   Before submitting information to the Office of Ombudsman, the client shall knowingly, intelligently, and voluntarily seek the services set forth in Section 6.0.0.

9.4.0   Clients may submit information by phone, in writing, or electronically, subject to notice of applicable terms and conditions.

9.5.0   Except as provided in Section 9.6.0, the Office of Ombudsman shall review and investigate each information and shall do one or more of the following:

(a) Resolve the information;

(b) Refer the client to seek appropriate services;

(c) Request the client to submit evidentiary information;

(d) Entertain opportunity for client to meet with subject of information, if within their right;

(e) Conduct mediation proceedings;

(f) Dismiss the information as unfounded; or

(g) Take any other action determined necessary and appropriate by the Ombudsman.

9.6.0   The Ombudsman may refrain from investigating or examining an information if the Ombudsman reasonably believes one or more of the following:

(a) The information is plain on its face (“prima facie”) that an obvious or adequate resolution is presently available such that the performance of work is unwarranted;

(b) The information relates to a matter that is outside the jurisdiction of the Ombudsman;

(c) The client does not have sufficient jurisdiction (viz., personal interest) in the subject matter of the information.

(d) Investigation or examination of the information would not facilitate an action authorized pursuant to Section 9.5.0 of this Title;

(e) The information is submitted in bad faith; or

(f) The resources of the Ombudsman are insufficient for adequate investigation.

(last modified and in full force and effect as of [31 August 2019] 19 Sep. 2023)