Charter of Dalton County(1st Edition)

# Charter of Dalton County(1st Edition) ## ARTICLE I. - POWERS OF THE COUNTY ### 10. - Official Name and Boundaries. The political subdivision presently existing and known as the County of Dalton shall exist and continue as a corporate and independent political entity by the name, the County of Dalton, and shall have perpetual succession, and shall be exempt from state dictation. Its boundaries shall be as they exist on the effective date of this Charter. The boundaries shall continue to be the same unless changed in the manner authorized by law. ### 11. - Powers of County. The County shall have all powers possible for a county or a municipal corporation under the constitution and laws of Harkmint as fully and completely as though they were specifically enumerated in this Charter. ### 12. - No Restrictions. The powers of the County under this Charter shall be interpreted liberally in favor of the County. The specific mention of particular powers in the Charter shall not be restricted as limiting in any way the general powers stated in this article. ### 13. - Self Governing. 13.1. The purpose of this Charter is to provide for maximum self-government and the greatest possible exercise of self governing powers. As provided in in the Constitution of the State of Harkmint and the County may exercise all legislative powers and perform all functions not expressly denied by general law or by other provisions of this Charter. In the absence of the exercise of any such power, the County may act in the manner provided by law. ## ARTICLE. II - COUNTY COUNCIL ### 20. - General Provisions. > #### *20.1. Membership and Qualifications.* > The governing body of the County shall be a Council of seven members elected by the qualified voters of the County at large. Only qualified voters who are residents of the County and are not otherwise employed by the County are eligible to hold the office of Councilor. > #### *20.2. Forfeiture.* > A councilor shall forfeit his office if (s)he (1) lacks any qualifications for the office, (2) violates any express prohibition of this Charter, (3) is convicted of a felony or a crime involving moral turpitude, or (4) is absent from all regular Council meetings for a period of nineteen days calendar days without being excused by the Council. > #### *20.3. Judge of Qualification and Forfeiture.* > The Council shall be the judge of the qualification of its members and of the existence of grounds for forfeiture. A charge of forfeiture may be made by any Councilor at any regular meeting of the Council by a "motion of forfeiture". A member against whom a charge of forfeiture has been made may request a public hearing within two (2) days of the filing of the charge. Notice of a forfeiture hearing shall be published at least four (4) days prior to the hearing. The Council shall not vote on the forfeiture charge sooner than two (2) days after it is filed or prior to the public hearing, if one is requested. Decisions of the Council in matters of forfeiture are subject to review by the district court upon petition of the removed member. > #### *20.4. Vacancies* > When a vacancy occurs in the Council, the County Executive shall appoint a qualified person to serve for the remainder of the unexpired term, with consent of the Council. If the vacancy occurs within nineteen (19) calendar days prior to the expiration of the term, no such appointment shall be made. If four or more vacancies exist, each vacant seat may be filled by majority vote of the remaining councilors who shall constitute a quorum for that purpose, Section 20.2 notwithstanding. > #### *20.5. Compensation.* > Members of the Council shall be paid at a rate of compensation to be set by ordinance & approval by the group's Board of Founders. Any ordinance changing compensation shall take effect for all Councilors on the first day of the month following the general election after the ordinance is approved. The Council shall, by ordinance, provide for reimbursement of the actual and necessary expenses incurred by Councilors. ### 21. - Powers and Duties. The Council shall, except as provided in this Charter, be vested with all power and authority and be charged with all the duties and obligations arising under the constitution and statutes of the State of Harkmint and imposed on counties and municipalities and on their governing bodies. ### 22. - Organization. > #### *22.1. Council Chair.* > At the start of every term, the Council shall elect from its members a Chair. The Chair shall be recognized as the head of county government for the purposes of emergency law, intergovernmental relations and ceremonial purposes. The Chair shall attend and preside at meetings of the Council, have equal voting rights with other members of the Council, present a monthly state of county message, appoint members and officers of council committees, assign, subject to Council approval, agenda items to committees, and perform other duties as specified by the Council. > #### *22.2. Agenda and Procedure* > The Council shall hold regular meetings at least once a week at times and places prescribed by formal action of the Council. Special meetings may be held on the call of the Chair or of a majority of the Council members. All meetings of the Council shall be public except as otherwise provided by state law or county ordinance. The Council shall determine its own rules and order of business and shall provide for the keeping of minutes of its proceedings. The minutes shall be a public record. The Council shall place on the agenda of its next regular meeting the subject of any written request signed by five or more qualified voters of the County and presented to the county clerk at least one (1) days prior to that meeting. The agenda for every Council meeting shall provide time for comments from the public. Voting, except on procedural motions, shall be by roll call of the entire Council and shall be recorded in the minutes. Except as otherwise provided by this charter, no action of the Council shall be valid unless adopted by the affirmative vote of at least four members. Four members shall be a quorum. ### 23. - Ordinances. > #### *23.1. Actions Requiring Ordinances.* > In addition to those acts required by state law or by this Charter to be done by ordinance, those acts of the Council shall be by ordinance which: > - Establish a rule or regulation for the violation of which a penalty is or may be imposed; > - (c)grant or renew a franchise; > - (e)authorize the borrowing of money; > **All other acts of the Council may be done either by ordinance or by other formal action.** > #### *23.2. Ordinance Procedure.* > - ##### *23.2.1. Introduction.* > - An ordinance may be introduced by any member of the Council at any meeting of the Council. Every proposed ordinance shall be introduced in writing and shall be limited to one subject. The subject shall be clearly expressed in the title of the ordinance. The enacting clause of all ordinances shall be "Be it ordained by the governing body of County of Dalton …". > - ##### *23.2.2. Publication and Hearing.* > - A notice of the proposed adoption of an ordinance shall have been published once at least seven hours before the Council meeting at which it is to be considered. The notice shall include the entire ordinance or a summary of it. > - ##### *23.2.3. Adoption of Ordinances* > - After the public hearing, the Council may adopt the ordinance with or without amendment or reject it, subject to the signature or veto of the County Executive. A notice of the adoption of the ordinance, including codifications or revisions to codifications, together with the ordinance either in its entirety or by a general summary of the subject matter contained in the ordinance, as directed by the governing body, shall be published and each adopted, & signed, ordinance shall be made available to the public for examination. The Council shall hold the power to overturn a veto with supermajoirty of ^5/7^ council members in favor. > - ##### *23.2.4. Effective Date.* > - Except as otherwise provided in this Charter, every adopted, and signed, ordinance shall become effective thirty (30) minutes after the publication of the notice of its adoption or at any later date specified in the ordinance. > #### *23.3. Emergency Ordinances.* > Notwithstanding the provisions of section 22.2 of this charter, in order to meet a public emergency that is an immediate danger to the public health or safety, the Council may adopt emergency ordinances by the affirmative vote of a majority of a quorum of councilors, not subjected to the immediate signature of the County executive. No such ordinances shall grant or renew a franchise. An emergency ordinance may be introduced and adopted at a Council meeting and shall become effective upon adoption and shall stand repealed ninety days after adoption. An emergency ordinance shall be published within thirty (30) minutes after its adoption and shall be made available to the public for examination. ## ARTICLE III. - ADMINISTRATION AND EXECUTIVE ORGANIZATION ### 30. - Chief Administrative Officer. The Council shall choose a County Executive for an indefinite term. The County Executive shall serve at the discretion of the Council. Appointment shall be based on executive and administrative qualifications. The appointee shall establish residence in the County after appointment within a time specified by the Council. The County Executive shall designate other County staff to perform the duties of the County Executive during any temporary absences. ### 32. - Duties and Powers of the County Executive. The County Executive shall be the chief administrative officer of the County. The County Executive shall be responsible to the Council for all operational requirements of the County and shall execute the vision, strategic goals and policies established by the Council. The County Executive shall be responsible for the performance of the duties of the Sheriff, Fire Chief, and the department heads of Dalton County. The County Executive may delegate duties only with the formal approval of the Council. The County Executive shall how the power to veto any ordinance or act passed by the Council, unless otherwise cited by law. ### 33. - Departments. > #### *33.1. Establishment.* > In addition to the departments created by this Charter, the Council may establish, by resolution, County departments it finds necessary to provide the services and functions required for the public good and shall prescribe the functions of the departments established. No function assigned by this Charter to a particular department is subject to change by the state. > #### *33.2. Department Administration.* > Each County department, except as provided in this Charter, shall be under the direction and supervision of the County Executive and shall be administered by an officer known as the department head. The County Executive shall appoint, suspend, or remove a department head only with the formal approval of the Council. The County Executive may serve as head of one or more departments and one person may serve as head of more than one department, state and municipal qualifications for office must be met. ### 34. Other County Officers. > #### *34.1. Department Heads* > The offices of Clerk, Chief of Fire, and Sheriff of the County shall be appointive and hereinafter "department head". > #### *34.2. Duties of the Clerk.* > The Clerk shall be the clerk of the Council, shall maintain copies of all public records of the County, and shall be responsible for the performance of the duties assigned by statutes to the county clerk except for those duties of a clerk assigned to the County Executive by this Charter. > #### *34.3. Duties of the Sheriff, Police Department and Peace Officers.* > The Council shall establish as a department of the County, a Police Department to be charged with conserving the peace and enforcing the laws of the State and the ordinances of the County. The Sheriff shall have those powers and duties assigned to sheriffs by statutes, including the powers of a peace officer, but the Sheriff shall not duplicate those duties. There shall be a division, hereinafter "Criminal Investigations Division", to serve as the main investigative agency for the District Attorney's office. The Sheriffs department shall be in-charge of protecting all county elected officials, and county council sessions. > #### *34.4. Duties of the Chief of Fire, Fire Department, and Emergency Service Employees* > The Council shall establish as a department of the County, a Fire Department to be charged with the duty to preserve life and property, promote public safety and foster economic, enforce the fire code of the State and the County. The Fire Chief shall have those powers and duties assigned to Fire Chief by statutes, including the powers of a peace officer. The Fire Chief shall hold the power to detain, but not arrest. ### 35. - District Attorney. The County Executive shall appoint a District Attorney, with consent of the Council, for an indefinite term. The District Attorney shall serve at the discretion of the Council & County Executive. The County Attorney shall be appointed on the basis of administrative and professional qualifications. The County Attorney shall be legal advisor to the Council, the County Executive, and the County departments, boards and commissions and shall represent the County in all legal proceedings. The District Attorney shall be the Chief Law Enforcement Officer of the county, and shall issue public safety directives within the jurisdiction of the county. Any person(s) who breaks a public safety directive within county limits have committed a misdemeanor cited as "Obstruction of Justice". The District Attorney shall be the Chief Prosecutor of the County. ## ARTICLE IV. NOMINATIONS & ELECTIONS ### 40. - Winner Declaration The candidate who receives a majority of the votes cast for the office sought shall be elected to that office. If more than one candidate is to be elected to an office, the candidates, in the number to be elected, receiving the largest pluralities within two (2) hours, shall be elected. Unless otherwise provided by this Charter, all other questions submitted to the voters shall be decided by a majority of the voters voting on the question. The resolution of tie votes shall be determined by lot. ## ARTICLE V. COUNTY COURTS ### 50. - General Provisions. There shall be a Court of the County of Dalton having jurisdiction over all offenses and complaints under County ordinances. The Court shall have those additional powers and duties assigned to municipal courts by state & county statute and may issue subpoenas and warrants and punish for contempt. ### 51. - Qualification. The Council shall provide by ordinance for the qualifications and salary of the Judge of the Court. The Council may provide by ordinance or resolution for a system under which a person accused of specified offenses may admit his guilt and pay a penalty assessment for the offense without being required to make a Court appearance. ## ARTICLE VI. GENERAL PROVISIONS ### 60. - Charter Amendments. > #### *60.1. Amendments* > Amendments to this Charter may be proposed: (1) by council ordinance; (2) by initiative ordinance pursuant to any section of this charter as it applies to process; or (3) by request of four-fifth (4/5) of qualified county voters. Any such ordinance shall contain a full text of the proposed amendment. ## ARTICLE VII. TERM OF OFFICE ### 70. - Term of Office of Councilors. All County Councilors shall be elected for a term of four (4) months, and after having served two (2) consecutive terms, shall be ineligible to hold any County elective office for a period of thirty (30) days. ### 71. - Term of Office of Other Elected Officials. All other elected officials, except as provided in Section 70., shall be ineligible to hold any County elective office for a period of thirty (30) days after having served two consecutive terms.