On 1/8/2020 6:40 PM, Aris Merchant via agora-discussion wrote:
Each officer has the power to, with notice, issue a memorandum,
Do you think "has the power to" is a reasonable synonym for CAN - it's
kind of an overloaded word that we don't use that way currently (and "CAN"
is simplier than "has the power to").
which shall consist in a public document and shall, once issued,
resolve bindingly, by interpretation of law and fact, such matters within
"shall" (even uncapitalized) implies SHALL and that concept doesn't make
sense in the context of "shall resolve". also, why use the word "bindingly"
or "binding" at all? (again, an unclear concept). Later on you use
"proper" as a standard which you also don't define. How about something
like:
Each officer CAN, with notice, issue a memorandum consisting of a
public document that interprets the law and/or facts as they pertain
to that officer's area of concern. A memorandum is proper if and
only if it is neither arbitrary nor capricious and is restricted to
the officer's area of concern.
[a readability suggestion: substitute 'domain' for 'area of concern']
A memorandum may take effect
Why the 'may' instead of just 'takes effect'?
immediately, acting like a judicial opinion to resolve matters of present
concern. Alternatively, it may be a regulation of the office from which it
issues in which case it shall be in effect continuously until it is repealed
and be amendable and repealable in like manner to its issuance.
What controls whether it's a judicial opinion or a regulation? And if
a memorandum is a regulation, is the With Notice method meant to be in
addition to the R2493 methods of creating and repealing?
To add: people should be able to formally request a ruling-by-memorandum
in a manner that requires a timely response, thus making it a formal method
to invoke for resolving disputes.
-G.
