Charter of Dalton County(2nd Edition)

# Charter of Dalton County(2nd Edition) ## ARTICLE I. - LEGISLATIVE BRANCH ### 101. - COUNTY COUNCIL All legislative powers which may be exercised by Dalton County under the Constitution and laws of Harkmint, including all law making powers heretofore exercised by the Congress of Harkmint but transferred to the people of the County by virtue of the adoption of this Charter, and the legislative powers vested in the County Commissioners as a District Council for the Dalton County District, shall be vested in the County Council. The legislative power shall also include, but shall not be limited to, the power to enact public local laws for the County and repeal or amend local laws for the County heretofore enacted by the Congress upon the matters of the County, as now in force or hereafter amended, and the power to legislate for the peace, good government, health, safety or welfare of the County. Nothing herein contained shall be construed to authorize or empower the County Council to enact laws or regulations for any incorporated town, village or municipality in said County on any matter covered by the powers granted to said town, village or municipality by the act incorporating it or any subsequent act or acts amendatory thereto. ### 102. - COMPOSITION AND ELECTION The Council shall be composed of seven members, each of whom shall be a qualified voter of Dalton County. All Councilmembers shall be nominated and elected by the qualified voters of the entire County. No member of the Council shall hold any other elected office in the county or municipal government(s). ### 103. - TERM OF OFFICE Members of the Council shall hold office for a term beginning at noon on the next Monday following the regular election for the Council and ending at noon on the one hundred twenty'th day thereafter, or or until a successor shall have qualified. ### 104. - VACANCIES A vacancy shall occur when any member of the Council shall, before the expiration of the term for which the member was elected, die, resign the office, become disqualified for membership on the Council, or be removed from office. Unless the Council has provided by law for filling a vacancy by special election, the following process for filling a vacancy shall apply. When a vacancy has occurred, a majority of the remaining members of the Council shall appoint a person to fill the vacancy within three days. If the Council has not acted within three days, the County Executive shall appoint a person to fill the vacancy within ten days thereafter. If a person having held appointment during the member's term of office to any other office or position carrying compensation created by or under this Charter, except to County Executive in the event of a vacancy. ### 105. - OFFICERS OF THE COUNCIL The Council shall elect, from among its members, a president of the Council, who shall preside over meetings of the Council. The Council may provide for the selection of such other officers or employees as it may deem desirable for the exercise of its powers. The Council may employ or retain special legal counsel to assist it in the exercise of its powers, and may provide by law for special legal counsel to assist, advise, or represent any office of the legislative branch in the exercise of its duties. Any special legal counsel employed or retained under this section shall be subject to appropriation and is not subject to Section 213. ### 106. - SESSIONS The Council may determine, which days are designated as days for the enactment of legislation, but the Council shall not sit no-less than 45hours in each set-term for the purpose of enacting legislation. When a planned session is on an official holiday, the next succeeding business day shall be a day for the enactment of legislation. The Council may sit in nonlegislative sessions at such other times as it may determine. In nonlegislative sessions, the Council may adopt rules and regulations which implement or provide for the administration or execution of legislation under procedures and provisions for notice and hearing prescribed by law. The Council shall not take or discuss any action except in public session or in a closed session expressly allowed by the Council rules of procedure. The Council rules of procedure shall permit the same or greater public access to Council sessions. The Council shall not make or confirm any appointment in a closed session. ### 107. - ENACTMENT & QUORUM The Council shall enact legislation only after public hearing upon reasonable notice. No legislation shall be enacted by the Council unless it receives the affirmative vote of majority members of the Council, during a session with quorum. Legislation containing a section declaring that it is necessary for the immediate protection of the public health, safety, or interest, and enacted by the affirmative vote of at least six members of the Council, shall be expedited legislation. Expedited legislation, as defined in this section, as an emergency legislation referred to for public safety. Any vote cast by a member on any legislation shall be recorded in the journal of the Council. Quorum for a session shall be a simple majority of five of its members present. ### 108. - EFFECTIVE DATE All legislation, except expedited legislation, shall take effect one hour after the date when it becomes law, unless a later effective date is prescribed in the legislation. Expedited legislation shall take effect on the date & time when it becomes law, unless a different effective date is prescribed in the legislation. All legislation shall be published as required by this Charter and laws of Dalton County. ### 109. - COUNCIL PROCEDURE Consistent with law and the provisions of this Charter, the Council shall, by resolution, prescribe its rules of procedure and provide for the publication of its proceedings. ### 110. - PREVENTION OF COUNCIL OVERREACH Neither the Council, nor any member thereof, shall appoint, dismiss, or give directions to any individual employee of the Executive Branch of the County Government, unless otherwise provided by law. ### 111. - REMOVAL OF COUNCILMEMBERS A member of the County Council may be removed from office by the affirmative vote of not less than six members of the Council after a public hearing and upon a finding that the Councilmember is unable by reason of physical or mental disability to perform the duties of the office. The decision of the Council may be appealed by the removed Councilmember within ten days to the State Court by petition. Upon the filing of a petition, the Court may stay the removal pending its decision. Upon appeal, the Court may make de novo determinations of fact. A member of the County Council also may be suspended and removed from office in the same manner provided in this Charter & the Council's procedures. ## ARTICLE II - EXECUTIVE BRANCH ### 201. - EXECUTIVE POWER The executive power vested in Dalton County by the Constitution and laws of Harkmint and by this Charter shall be vested in a County Executive who shall be the chief executive officer of Dalton County and who shall faithfully execute the laws. In such capacity, the County Executive shall be the elected executive officer. The County Executive shall have no legislative power except the power to make rules and regulations expressly delegated by a law enacted by the Council or by this Charter. ### 202. - ELECTION & TERM OF OFFICE The County Executive shall be elected by the qualified voters of the entire County at the same time as the council and shall serve for a term of office commencing at noon on the next Monday following the regular election for the Council and ending at noon on the one hundred twenty'th day thereafter, or until a successor shall have qualified. ### 203. - QUALIFICATION The County Executive shall have been a resident of Dalton County for a month preceding the election or appointment, shall be not less than three Roblox account days of age, shall be a qualified voter of Dalton County and shall not hold any other elected or appointed office in the state, county or municipal government. The County Executive shall not, during the term of office, be eligible for appointment to any other County or municipal office or position carrying compensation. The County Executive shall devote full time to the duties of the office and shall not participate in any private occupation for compensation. ### 204. - VACANCY A vacancy in the office of County Executive shall exist upon the death, resignation, disqualification, or removal of the County Executive. The Council, by a vote of not less than five members, shall appoint a successor to fill the vacancy within four days of the vacancy. An appointee to fill a vacancy. If the Council has not made an appointment within four days, the Council shall appoint within five days thereafter the nominee of the Harkmint State Governor. The Chief Administrative Officer shall act as County Executive and perform all the duties of that office until such time as the vacancy has been filled. ### 205. - REMOVAL OF THE COUNTY EXECUTIVE The County Executive may be removed from office by the affirmative vote of not less than five members of the Council after a public hearing and upon a finding that the County Executive is unable by reason of physical or mental disability to perform the duties of the office. The decision of the Council may be appealed by the County Executive within ten days to the State Court by petition. Upon the filing of a petition, the Court may stay the removal pending its decision. Upon appeal, the Court may make de novo determinations of fact. The County Executive also may be suspended or removed from office in a timely, professional, and respectful manner provided by the Council. ### 206. - TEMPORARY ABSENCE OR DISABILITY In the event of the temporary absence or disability of the County Executive, the Chief Administrative Officer shall perform the duties of the County Executive. ### 207. - VETO Upon the enactment of any legislation by the Council, the Council President shall within three hours deliver it to the County Executive, who within ten hours after receiving it shall approve or disapprove it. If the Executive disapproves such legislation, the Executive shall return it to the Council within ten hours after receiving it, with the reasons for the Executive’s disapproval stated in writing. Not later than six days after receiving the Executive's message of disapproval, the Council may, by the affirmative vote of six members, enact legislation over the disapproval of the Executive. Any legislation which the Executive has neither approved nor disapproved shall become law on the eleventh hour after the Executive receives it. The Council may by law further specify how any period of time mentioned in this section is measured. ### 208. - FREEDOM OF INFORMATION The County Executive shall provide the Council with any information concerning the Executive Branch that the Council may require for the exercise of its powers. The County Executive & the County Council, shall have undeniable access to information classified by a county or municipal department, agency, division, or bureau. ### 209. - CHIEF ADMINISTRATIVE OFFICER The County Executive shall appoint a Chief Administrative Officer subject to confirmation by the Council. The Chief Administrative Officer shall be a professionally qualified administrator who shall serve at the pleasure of the County Executive. ### 210. - DUTIES OF THE CHIEF ADMINISTRATIVE OFFICER The Chief Administrative Officer shall, subject to the direction of the County Executive, supervise all departments, offices, and agencies of the Executive Branch, advise the County Executive on all administrative matters and perform such other duties as may be assigned by the County Executive, or by this Charter. ### 211. - PRINCIPAL DEPARTMENTS In the Executive Branch there shall be an Office of the County Attorney, a Public Safety Department and any departments, agencies, offices, or other bodies prescribed by this Charter, or by the Council by law. ### 212. - COUNTY ATTORNEY The County Executive shall appoint a County Attorney, subject to confirmation by the Council. The County Attorney shall be the chief legal officer & chief law enforcement officer of the County, conduct all the law business of the County, be a legal advisor to the Council, and be the legal advisor to the County Executive, all departments, and other instrumentalities of the County Government. The County Attorney shall represent the County in all actions in which the County is a party. The County Attorney and the staff of the office shall engage in law practice, he may also employee a law enforcement division hereinafter the "Criminal Investigations" for the County Attorney's Office headed by a sworn Assistant County Attorney for director of its operations. The County Attorney may, with the approval of the Council, temporarily employ special legal counsel to work on problems of an extraordinary nature when the work to be done is of such character or magnitude as to require services in addition to those regularly provided by the County Attorney. The County Attorney shall serve at the pleasure of the County Executive but, upon request, shall be entitled to a public hearing before the Council prior to dismissal from office. ### 213. - PUBLIC SAFETY The County Executive shall appoint a Commissioner, subject to confirmation by the Council. The Commissioner shall be the chief public safety officer & chief advisor on public safety of the County, conduct, alongside of the County Attorney, the public safety business of the County, be a legal advisor to the Council on public safety, and be the legal advisor to the County Executive on public safety, all departments, and other instrumentalities of the County Government on public safety matters. A County Police Department shall be established, to be charged with conserving the peace and enforcing the laws of the State and the ordinances of the County. A Sheriff shall be appointed, to execute those powers and duties assigned to sheriffs by statutes, including the powers of a peace officer, but the Sheriff shall not duplicate those duties. The Sheriffs department shall be in-charge of protecting all county elected officials, and county council sessions, protection shall extend else where if deemed plausible by the County Executive or Public Safety Commissioner. Shall be established as an agency under the oversight under the Public Safety Department. A County Fire Department shall be established, 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. Shall be established as an agency under the oversight under the Public Safety Department. ### 214. APPOINTMENTS & AUDIT The County Executive, after receiving the advice of the Chief Administrative Officer, shall appoint a single officer to head each department, principal office or agency of the Executive Branch, and an officer to fill any position in the Executive Branch designated by law as a non-merit position, all subject to the confirmation of the Council. All employees of the Executive Branch other than those specifically provided for in this Charter shall be appointed and removed and their salaries shall be fixed under the merit system by the heads of the several departments, offices and agencies of the County. The County Executive shall cause internal audits of all departments, offices and agencies of the Executive Branch, and other internal audits as prescribed by law, to be performed. ## ARTICLE III. GENERAL PROVISIONS ### 301. - Continuity of Government During Emergencies In order to ensure continuity of government during an emergency caused by a disaster or enemy attack, the Council shall prescribe by law for the temporary suspension of specific provisions of this Charter and for temporary succession to the powers and duties of public offices whether filled by election or appointment ### 302. - MONTHLY REPORT The County Executive shall prepare and provide to the Council and the public, within 24 hours before the end of each fiscal month, a monthly report setting forth the activities and accomplishments of the County Government. ### 303. - SEPARABILITY If any article, section, or provision of this Charter shall be held unconstitutional, invalid, or inapplicable to any person or circumstance by the final decision of a court of competent jurisdiction, all other articles, sections, or provisions of this Charter and their application to all other persons and circumstances shall be separable and shall not be affected by such decision. ### 304. - AMENDMENTS This Charter may be amended in the manner provided by the County Council rules of procedure.