# Clinton County

## County Charter

### Preamble

> We the People of Clinton County, in order to form a more perfect government and establish a better benefit of home rule, establish Justice, ensure Peace and to separate the Legislative, Executive and Judicial functions of government, do, in accordance with the Iowa State Constitution and laws of the land, adopt, ordain and establish as our Charter and form of government, this Clinton County Charter as the Supreme Law of the County of Clinton.

# Table of Conents

## DEFINITIONS
### Article I - CREATION OF COUNTY AND POWERS OF GOVERNMENT

#### § 1.01 Corporate name and boundaries
#### § 1.02 General Powers of the County
#### § 1.03 Severability Clause
#### § 1.04 General County Policy
#### § 1.05 Affirmation of Oath of Office
#### § 1.06 Holding other office or employment

### ARTICLE II - LEGISLATIVE BRANCH: COUNTY BOARD

#### § 2.01 Composition, terms, and qualifications to serve
#### § 2.02 County Board Meetings, rules, and voting.
#### § 2.03 Non-interferance in the Executive Branch
#### § 2.04 Oversight of the State-level agencies
#### § 2.05 Records and codification

### ARTICLE III - EXECUTIVE BRANCH: COUNTY EXECUTIVE

#### § 3.01 Establishment of Executive Branch: composition
#### § 3.02 County Executive, and their office
#### § 3.03 Powers, functions, and duties of the County Executive
#### § 3.04 Executive organization

### ARTICLE IV - JUDICIAL BRANCH: COUNTY JUDGES

#### § 4.01 Number of Judges; qualficications; term of office
#### § 4.02 Oath of Office
#### § 4.03 Filling Vacancies
#### § 4.04 General Powers and Duties
#### § 4.05 Other duties prescribed by ordinance
#### § 4.06 Juridstiction; Federal laws
#### § 4.07 Juridstiction; County and
#### § 4.08 Modifiying judgments, decrees, or orders
#### § 4.09 Subpoenas, summonses, warrants, and general powers
#### § 4.10 Subpoenas, issuance on behalf of other County agencies and officers
#### § 4.11 Jury Trials; summoning of jurors
#### § 4.12 Appeals from County Court
#### § 4.13 Designation of Presiding Judge
#### § 4.14 Appointment of Officers and employees by Presiding Judge
#### § 4.15 Licensure to Practice Law
#### § 4.16 Recommendation to the County Executive
#### § 4.17 Grounds for the discipline of a County Court Judge
#### § 4.18 Suspension or removal of Judges by County Executive
#### § 4.19 Effect of order for removal or retirement
#### § 4.20 Safety from wrongful removal, retirement, or suspension

### ARTICLE V - THE SHERIFF'S OFFICE
#### § 5.01 The Sheriff; term, qualifications.
#### § 5.02 The Sheriff; powers, duties, responsibilities
#### § 5.03 The Sheriff; judicial duties
#### § 5.04 The Sheriff's Office

### ARTICLE VI - COUNTY ATTORNEY'S OFFICE
#### § 6.01 The County Attorney; term and qualifications.
#### § 6.02 The County Attorney; Duties of the County Attorney
#### § 6.03 Assistant County Attorney
#### § 6.04 Removal of County Attorney
#### § 6.05 Administrative Assistants
#### § 6.06 Investigatorial Assistants
#### § 6.07 Institution of Suits

### ARTICLE VII - REFERENDUMS
#### § 7.01 Initiative & referendum powers
#### § 7.02 Initiative & referendum procedures
#### § 7.03 Results of Election

### ARTICLE VIII - CITIZENS BILL OF RIGHTS
#### § 8.01 Right to Access
#### § 8.02 Right to Truth in Government
#### § 8.03 Public Records
#### § 8.04 Right to be Heard
#### § 8.05 Notice of Actions/Board Reports
#### § 8.06 County Executive Reports

### ARTICLE IX - PUBLIC SAFETY & AGENCIES
Part 1
#### § 9.01 Police Departments
#### § 9.02 Fire Departments
#### § 9.03 State Police

### Article X - ELECTIONS

#### § 10.01 Establishment of the Clinton Commission of Elections
#### § 10.02 Clerk of the County
#### § 10.03 Notice of Candidacy

### ARTICLE XI - GENERAL PROVISIONS

#### § 11.01 County Seal
#### § 11.02 Public Records
#### § 11.03 Oath of Office
#### § 11.04 Amendments

# Definitions

For the purposes of this Charter, the following terminology shall be defined as below:

Executive Branch: The County Executive, county department heads, and their employees

Judicial Branch: The Chief Justice, Iowa Supreme Court, Iowa 7th District Court and any subordinate courts

Agency: A Division of the County, or State Government established by the County Board or State Assembly

Charter: The Document contained herein

Chartered Officers: The Chief of Police, The Colonel of the State Troop, and the Sheriff of the County

United State Constitution: The Founding Document of the Union

Iowa Constitution: The Founding Document of the State

County Board: A eight-member board, elected by the people to represent them in the County Government

County Code: The Code of Ordinances of Clinton County as may be amendmed by time to time.

County Department Head: The Heads of the County Agencies

Department: A Division of the County Government established by the County Board.

Legislative Branch or Legislature: The County Board

County: A County within the State of Iowa

Peace Officer: Any police, sheriff, or state police member tasked with public safety.

Person: A Citizen of the United States of America.

Public: Citizens, residents, and businesses that reside or transact business within the County.

Quorum: Unless stated otherwise, a quorum is the majority of the total membership of the specific body in question.

# ARTICLE I. - CREATION OF THE MUNCIPIAL & POWERS OF GOVERNMENT

### § 1.01 - Corporate name & boundaries

a. A polticial subdivision is hereby created within the United States of America and the State of Iowa to be known as Clinton County

b. Clinton County shall consist of the following municipalities:
- The City of Hampshire
- The District of Lexington
- The Township of Timbercreek

c. Pursuant to the established municipalities, the electorate of Clinton County will be split into districts to represent each municipality in the county legislature:
- The City of Hampshire will be split into two (2) electoral districts, the Northern and Southern Districts of Hampshire
- The District of Lexington will consist of one (1) electoral district, representing the entirety of the municipality
- The Township of Timbercreek will consist of one (1) electoral district, representing the entirety of the municipality

d. The County Seat is the Township of Timbercreek, and the boundaries of the County are set by the State Assembly

### § 1.02 - General powers of the County

a. Unless provided to be different in this Charter, the County shall have all powers of a local self-government not inconsistent with the United States Constitution & Iowa Constitution, general law, or with special law approved by a vote of the electors and this Charter.

b. All powers of the County shall be carried into execution as provided by this Charter or, if the Charter makes no provision, as by the Constitution and laws of the United States of America & State of Iowa

c. This charter shall hereby establish the basic seperations of the Legislative & Judicial Branches & the executive functions of the County Government

d. The County shall have the authority to accept a transfer of a function or obligation upon the request of the County or its affiliated agencies & departments.

### § 1.03 - Severability Clause

In the event any section or part of this Charter be declared unconstitutional to the United States Constitution or the State Constitution by the Supreme Court, the validity of the remaining sections and part of the section shall not be declared nor affected thereby.

### § 1.04 - General County Policy

The Executive and/or County Executive of Clinton County shall be non-political, with the economy and good service as its aim and purpose. All appointments are to be made solely upon merit and ability. It is the intent of Clinton County and its residents that its officers, public officials, and employees of the County adhere to high levels of ethical conduct so that the public will adapt to a level of high confidence that persons in positions of public responsibility are acting in the fullest intentions to benefit the people and not themselves. It is therefore that Official Misconduct be established by this charter in the "County Criminal Code" and be encoded as an ordinance.

### § 1.05 - Oath of Office

It is therefore established that before assuming the duties of the office, every officer elected or appointed subscribe before a Judge of a Court of Record, an oath or affirmation supporting the Constitution of the United States & Iowa, the Charter and ordinances of the County, and indicating that the Officer will faitfully perform the duties of the office, per section § 11.03 of this Charter. It is therefore that if an Officer breaks their Oath of Office they are to be fined with Official Misconduct as listed in § 1.04 as well for the County Board to begin proper procedure of removal from office.

### § 1.06 Holding other office or employment

a. Public Office is defined as the following:

1. County Executive
2. County Boardsperson
3. Clerk of the County

b. Those who are holding public office or employment in any other areas that will affect their abiliy to serve shall have a total of twenty-four (24) hours to resign from their previous employment to serve.

c. Those employed in public safety offices listed in ART. IX. shall have a total of twenty-four (24) hours to resign from said employment.

# ARTICLE II. - LEGISLATIVE BRANCH: THE COUNTY BOARD

### § 2.01 Composition, terms, and qualifications of members.

The County Board comprises the legislative branch of county government empowered to enact ordinances and resolutions and to take action that would be consistent with this Charter and that it is in the best light and interest of residents of Clinton County for the health, safety and welfare of its residents.

a. The County Board shall consist of representatives of every electoral district, each district being allocated one (1) seat, elected by the people in a nonpartisan way.
1. Members of the County Board shall be elected to serve on the Board for a total of four (4) months.

b. Members of the Board shall be held to the following qualifications in order to be elected without inconsistent issues in their term.
1. Holding citizenship of the United States
2. Holding citizenship of Iowa for atleast four (4) months
3. Must have zero or any felony arrests on record within the United States of American & The State of Iowa
4. Must not be barred from holding public office
5. The Board Member must abide by any other qualification as established by the Elections Commission

c. In the event of a vacancy on the Board during a term, the County Clerk shall notify the Clinton Election Commission to hold a special election to finish the ongoing term.
1. Shall the term end in less than thirty (30) days the County Clerk shall not inform the Clinton Election Commission and the Commission shall not hold a election for the vacancy but hold it until the next election.

d. In the event of a loss of confidence of a Board Member the Citizens may request a "no confidence" petition against the member.
1. The petition shall gain a total of thirty (30) signatures in order to trigger a no confidence motion witin the Board.
2. The Board shall vote with a supermajority that the member be expelled from the Board.

e. The County Board shall additionally consist of two more members, while not considered voting members, are rather considered as Officers of the Board. These members being the following:
1. The Clerk of the County
- The Clerk of the County, otherwise known as the County Clerk, is an Officer of the Board responsible for all clerical operations of the County Board, and by extension, the entirety of the County. Namely, the County Clerk will be responsible for upkeep of all county records, administration of county offices and programs as vested, and any other administrative affairs of the county.
- The Clerk shall work in unison with the County Executive and County Board to ensure that all administrative functions of the county are discharged properly. The County Clerk shall be nominated by the County Executive, and appointed with consent of the Board.
2. The Sergeant-at-Arms
- The Sergeant-at-Arms is an Officer of the Board responsible for maintaining order during all board sittings. The Sergeant-at-Arms will additionally be vested with the duties of security, ensuring that county officials and properties are properly secured and that peace is maintained at all times.
- The Sergeant-at-Arms shall be nominated by the County Executive, and appointed with consent of the Board. The Sergeant-at-Arms must be a deputized employee of the Clinton County Sheriff's Office, holding or exceeding the rank of Sergeant within the department.

### § 2.02 - County Board Meetings, Rules, and Voting

a. The County Board shall meet a total of five (5) times a month at times and places prescibed by the County Board. Special or emergency sittings shall be held if it is to be declared necessary by the presiding officer or two or more County Boardspeople.

b. The County Board is reponsible for determining its own rules and order of business.
1. At the beginning of a new Board after the old one has dissolved due to elections the board shall temporarily use "Masons Manual of Legislative Procedure" until the board adopts their own procedures.

c. The Board may place any item on the agenda for any sitting according to the rules adopted by the Board.

d. The County Executive shall be responsible for presiding over the sittings.
1. The County Executive shall be responsible for picking an Executive pro tempore to preside over sittings in the absence of the presiding officer with the consent of the County Board.

e. Only in the event of a tie may the presiding officer break the tie and vote on the item to break the tie.

f. The County Executive may veto ordinances, motions, or proclamations, but the County Board with a supermajority voting in the affirmative, override said veto and it shall go into effect.

### § 2.03 - Non-interference in the Executive Branch

Except for formal inquiries and investigations, the County Board is not allowed any control or authority over the County Executive, the County Department Heads nor their employeees without the express consent and permission of the County Executive. Nothing in this said provision is to be construed as a prohibition of members of the Board from scrutinizing, observing, or reviewing the operations of a County entity. It is the intention of this provision that the Board will not be allowed to interfere with day-to-day operations of the County Executive, Department Heads & Agencies, and their employees, however, to send recommendations to the above and titled for improvement of operations to the executive or the entitled above.

### § 2.04 - Oversight of State-Level Agencies

Except for formal inquiries and investigations, the County Board is not allowed any control or authority over state-level agencies, nor their employees without the express consent and permission of the County Oversight. Nothing in this said provision is to be construed as a prohibition of members of the Board from scrutinizing, observing, or reviewing the operations of a state-level agency. It is the intention of this following provision that the Board will not be allowed to interfere with day-to-day operations of state-level agencies and their employees, however, to send recommendations to the department head for implementation or via ordinance.

### § 2.05 - Legislative Inquiries

The County Board may, in the pursuit of the scrutinization, observation or review of an entity under their purview, initiate formal inquiries and investigations. Within these proceedings, the County Board are granted the authority to subpoena any employee, documents or relevant parties to testify to the Board if their testimony would prove value to an ongoing inquiry. The specifics of an individual or organizational subpoena are at the will of the Board, provided that it contains key elements of intent, expected production of testimony, location of testimony, time and date of testimony, and the body/committee to which the witness is expected to report to.

### § 2.06 - Records and codification

The County Board shall provide, through the County Clerk, the records of all meetings, voting records, ordinances & resolutions passed or ordinances & resolutions failed through a sitting. This shall be public record and shall fall under § 1.03. Furthermore, the Board shall also preserve & maintain all codificaions of all ordinances on a document. They shall provide the Clerk of the County with a document on what to codify.

# ARTICLE III. - EXECUTIVE BRANCH: COUNTY EXECUTIVE AND ADMINISTRATION

### § 3.01 - Establishment of Executive Branch: composition

The Executive Branch also known as the "Executive Branch" and the "County Executive" is hereby established in these provisions. The County Executive is authorized by actions of the County Board and this County Charter to implement policies and decisions of the Board in a manner that is consistent with the County Charter and is in the best interests of the health, safety, and welfare of its residents. The Executive Branch is composed of a County Executive, the County's department & agency heads, and their employees.

### § 3.02 - County Executive and the Office

a. The County Executive is elected by the people to represent the County as a whole

b. The County Executive shall have a term of four (4) months.

c. Qualifications are established as the following:
1. The County Executive must hold citizenship within the United States of America
2. The County Executive must hold citizenship within the State of Iowa
3. The County Executive must hold residency within Clinton County
4. Must not be barred from holding public office
5. The County Executive must abide by any other qualification as established by the Elections Commission

d. In the case of an absence or a point of interest that may not allow the County Executive to perform duties as listed below:

1. The County Executive shall make a notice of absence to the County Board.
2. The County Executive shall make a designation of one of their department heads to lead the County in the time of their absence.
3. Shall the County Executive's leave of absence exceed two (2) months, the department head shall assume the role of County Executive until a special election begins.
4. Shall the County Executive disappear from the community, the County Board shall vote a new County Executive whom is a sitting member of the Board to assume the duties of County Executive until a election is set by the Elections Commission.

e. In the case of a loss of confidence of the County Executive

1. Should the County Board lose confidence in the County Executive, the County Board may opt in for a motion of no confidence
2. With a supermajority the Board shall have passed a motion of no confidence, and have removed the County Executive from the office.
3. Upon the removal of the County Executive, the Board shall follow the same procedures as listed in §3.02(d)(4)

### § 3.03 Powers, functions, and duties of the County Executive

a. The County Executive shall have the authority to preside over the County Board's meetings in order to ensure the Standing Rules of the Board are enforced.

b. The County Executive shall be vested with the powers to enforce that the Charter is also followed and that ordinances and more are executed by the Executive Branch.

c. The County Executive shall have the power to nominate someone to lead a department or agency and move the nomination to the Board's agenda.
1. Nominations are not appointments and nominations must have explicit consent of the County Board.

d. The County Executive's functions may not be changed by the Board unless the People of the County make a petition to amend the Charter to modify the County Executive's functions.

e. The County Executive shall be allowed to suspend or remove department & agency heads with the support of two (2) boardsmen.

### § 3.04 Executive Organization

Pursuant to § 3.03 all departments & agencies of Clinton County are administered and overseen by the department head nominated by the County Executive to lead said department & agency. These department heads are provided in the provisions listed in § 3.03. Any subordinate agencies operating within the County shall be overseen by the County Executive unless otherwise legislated.

# ARTICLE IV - JUDICIAL BRANCH: COUNTY JUDGES

### § 4.01 Establishment of Judicial Branch; Composition

The Judicial Branch also known as the "Judiciary" and the "Clinton County Courts" is hereby established in these provisions. The Judicial Branch is considered as a division of the greater State of Iowa Judicial Branch and encompasses all subordinate courts. The Judicial Branch of the County is overseen by the Chief Justice of the Iowa Supreme Court, and shall be composed of the Supreme Court and lower District Court, which itself is overseen by a Chief Judge.

### § 4.02 Number of Judges; qualifications; term of office

a. At any given moment, there may no more than eight (8) judges sitting on the District Court.

b. In order to be deemed qualify to serve as a judge of the county, one must:
1. Hold citizenship within the United States of America
2. Hold citizenship within the State of Iowa
3. Hold residency within Clinton County
4. Must not be barred from holding public office
5. Must be licensed to practice law within the State of Iowa

c. Judges are nominated by the County Executive and serve indefinite terms. Judges are not subjected by term limits of their office and may serve on the bench any number of times.

### § 4.03 Oath of Office

All judges of the county and subordinate jurisdictions shall take the Oath of Office as outlined in § 12.03(d) of this Charter.

### § 4.04 Filling Vacancies

a. The County Executive is responsible for filling any vacancies within any court of the county or subordinate jurisdiction, unless otherwise legislated.
1. All nominations must be given the consent of the County Board.

b. The County Executive must be notified by the chief judge of the respective court of any occurrances of vacancies on their court.

### § 4.05 General Powers and Duties

a. The Judicial Branch of Clinton County is responsible for the administration of justice and the protection of liberties and freedoms of the People in the court of law.

b. The Judicial Branch and subordinate judiciaries are entrusted by this Charter with the duties of hearing all legal actions brought to the Court in order to uphold the rule of law.

c. The Judicial Branch shall ensure that all legal matters heard within the County are administered in a fair and impartial manner to all parties. The Judicial Branch shall ensure that the inherent rights of the people are protected even under scrutiny.

d. The Judicial Branch shall be entrusted with carrying out the rest of its duties as prescribed within this charter provision.

### § 4.06 Other duties prescribed by ordinance

a. The Legislature may prescribe additional duties to the Judicial Branch via ordinance.
1. Any ordinances involving the Judicial Branch in this respect are subject to scrutinization by County Oversight.

### § 4.07 Jurisdiction; Federal laws

a. In cases of federal offenses, no court of the County shall possess jurisdiction to hear cases.

b. Any cases which involve federal offenses or precedents may be heard by the Iowa Supreme Court, but at the discretion of the Court.

### § 4.08 Jurisdiction; County and Municipal

a. In cases of any criminal offense not federal, the District Court shall possess original jurisdiction.
1. The District Court shall have the right to delegate matters to lower courts should the contents of the matter be applicable to the jurisdiction of the respective court.

### § 4.09 Modifiying judgments, decrees, or orders

a. In cases where circumstances have changed or new evidence has been established, the Judicial Branch is empowered with the ability to modify its prior judgments, decrees or orders.
1. In order to seek modification of a judicial action under this provision, a petition must be filed by a party of the matter and notice given to all other parties.
2. The Judicial Branch shall ensure that there is proper hearing of the new arguments and evidence as stipulated in the motion, in order to properly make a conclusion to support or modify their previous action which has been called into question.
3. This ability may only be exercised by the Iowa Supreme Court, which possesses appellate jurisdiction over all matters in the County.

### § 4.10 Subpoenas, summonses, warrants, and other powers

a. The Judicial Branch shall possess the authority to issue subpoenas, summonses, warrants and other judicial orders deemed applicable and necessary in order to carry out its prescribed duties in the administration of justice.

b. The Judicial Branch shall ensure that the rights of all individuals are respected and the due process of law is carried out in the issuance of any subpoena, summons, warrant or other judicial order. Orders issued by the Judicial Branch must only be issued in good faith that they have legal merit, that they will be executed within the bounds of their purposes, and that their issuance shall provide for a benefit to the people and the upholding of the law.
1. An individual has the right to challenge a judicial order via a motion to a higher court. The higher court may choose to suspend the order until a final decision is made, or choose to continue its enforcement while deliberating. In the scenario which its enforcement is continued, the individual must still abide by the order.

c. The Judicial Branch can additionally issue orders holding individuals in contempt of court, for wrongful disobedience of the court or a judicial order which can be subject to imprisonment and/or fine as prescribed via ordinance.

d. The Legislature may, via ordinance, regulate the issuance of subpoenas, summonses, warrants and other orders, or likewise enact further safeguards provided it is for the greater benefit of the people, the protection of their liberties and the administration of justice.

### § 4.11 Subpoenas, issuance on behalf of other County agencies and officers

a. The Judicial Branch may issue subpoenas or other orders on behalf of any county agency or officer, provided they submit a signed affidavit to the Court outlining their cause, evidence for the issuance of the order, and honest belief that the facts provided are true and that the merits of the order would benefit the greater prosperity of the people and administration of justice.

b. The Judicial Branch, in issuance of orders under this provision, must still ensure that the individual rights and due process of law are carried out and respected, as outlined in § 4.10. Subsequently, the same rights to challenge these orders apply.

c. The Legislature may, via statute, regulate the issuance of orders under this provision, or likewise enact further safeguards provided it is for the greater benefit of the people, the protection of their liberties and the administration of justice.

### § 4.12 Jury Trials; summoning of jurors

### § 4.13 Designation of Presiding Judge
Unless otherwise specified, the designation of Presiding Judge shall be vested in the respective court's Chief Judge.

### § 4.14 Appointment of Officers and employees by Presiding Judge
The Presiding Judge shall be responsible for appointing Clerks of Court, Public Defenders, Bailiffs and any other Officers of the Court as deemed necessary.

### § 4.15 Licensure to Practice Law

a. The right to practice law is contingent on licensure by the Iowa State Bar.

b. The Iowa State Bar, while not a body existing under the purview of the county, shall be the primary authority for all ethical matters and matter of license issuance.

c. The Iowa State Bar, for the purposes of the County, shall establish a Code of Ethics, which outlines provisions which all licensed attorneys must abide by, with the goal of ensuring fair representation for all.

d. The Iowa State Bar, for the purposes of the County, shall be overseen by the Iowa Supreme Court.
1. The Iowa Supreme Court reserves the right to admit persons to the Bar, and likewise strip the license to practice from any persons licensed.

a. The Iowa Supreme Court may delegate the authorities of this section afforded to them to a dedicated Bar Director, who will carry out these duties in their stead. This section must not be misconstrued to strip the Supreme Court of their original authority over the State Bar once delegated.

### § 4.16 Judicial Recommendation

The Judicial Branch, through the Iowa Supreme Court, may issue opinions on any legal matter as requested by the County Executive, County Attorney, or County Board by resolution.

### § 4.17 Grounds for the discipline of a County Court Judge
### § 4.18 Suspension or removal of Judges by County Executive
### § 4.19 Effect of order for removal or retirement
### § 4.20 Safety from wrongful removal, retirement, or suspension

# ARTICLE V - THE SHERIFF'S OFFICE

§ 5.01 The Sheriff; term, qualifications.

a. The County Sheriff shall be elected by the People of the County of Clinton in a nonpartisan fashion
i. The Sheriff shall be elected to serve for a total of four (4) months
ii. The Sheriff has no term limits can can run for re-election indefinitely

b. The Sheriff shall be held to the following qualifications in order to be elected without inconsistent issues in their term.
i. Holding Citizenship within the United States of America
ii. Holding Citizenship within the State of Iowa
iii. Holding Residency within Clinton County
iv. Must have zero arrests or any felony arrests in the United States and the State of Iowa
v. Must currently hold or previously have held the rank of Deputy Sheriff or above within the Clinton County Sheriff's Office
vi. Must not be barred from holding public office
vii. Must abide by any other qualification as established by the Elections Commission

§ 5.02 The Sheriff; powers, duties, responsibilities

a. The Sheriff may deputize anyone who applies for the Sheriff's Department or is transferring from another departmnet.
b. The Sheriff shall be responsible for anyone being deputized to recieve proper training.
i. Standards for proper training of any employee may be mandated by statute of the County Board.
c. The Sheriff shall be allowed to deputize anyone from other law enforcement agencies inside Clinton County for the purposes to provide countywide services.
d. The Sheriff shall be responsible for the management of the Clinton County Correctional Facility.
i. The Sheriff may employ civilians (non-deputized) as correctional officers of the Clinton County Correctional Facility
1. The Sheriff must ensure all non-deputized correctional officers receive proper training
2. Non-deputized correctional officers are prohibited from acting as peace officers

§ 5.03 The Sheriff; judicial duties

a. The Sheriff shall be considered the Chief Bailiff of the Clinton County Courts and authorize Deputy Sheriffs to act as Bailiffs in accordance with internal policy & ordinances.
b. The Sheriff and their Deputy Sheriffs shall be responsible to execute warrants or any other judicial order provided by any Clinton County Court. Shall a Deputy Sheriff or the Sheriff not be available to execute such warrants or judicial orders then a member of another law enforcement agency may execute such warrants and judicial orders with juridisction in Clinton County or its muncipialities.

§ 5.04 The Sheriff's Office

a. The Sheriff's Office is the primary law enforcement agency of Clinton County and shall work with other established law enforcement agencies in Clinton County to protect and serve the County.
b. Any employees of the Sheriff's Office who has been deputized shall be considered a peace officer of Clinton County
c. In accordance with Article I and II, the Sheriff shall work independently from the authority of the County Executive.

# ARTICLE VI - COUNTY ATTORNEY'S OFFICE

§ 6.01 The County Attorney; term and qualifications.

a. The County Attorney of the County of Clinton shall be elected to serve a term of six (6) months
b. In order to be elected as the County Attorney, the bidder must meet the following qualifications;
i. Hold citizenship within the United States of America,
ii. Hold citizenship within the State of Iowa,
iii. Hold residency within Clinton County,
iv. Be a serving, or former member of the County Attorney's Office,
v. Hold an active license from the Iowa State Bar
vi. Must abide by any other qualification as established by the Elections Commission

§ 6.02 The County Attorney; Duties of the County Attorney

a. The County Attorney of the County of Clinton shall be the officer in full charge and control of the County Attorney's Office as the chief law enforcement officer of the county. The County Attorney shall be attorney-at-law admitted to practice in the County of Clinton. The County Attorney shall be the appointing authority for all employees of the County Attorney's Office
b. The County Attorney shall prepare for trial dockets, prosecute in a timely manner in the name of the State all criminal actions and infractions requiring prosecution in the superior and district courts of the County Attorney's jurisdiction as well to advise the officers of justice in the County.
c. The County Attorney shall keep records of case files, records and additional information related to a case taken by the County Attorney General
d. The County Attorney shall represent the County in any matter handed before a District Court, Superior Court or any other legal body where the County of Clinton is being called as a party
e. The County Attorney shall represent any officer acting in his or her official capacity, or any employee acting within the scope of his or her employment, or any duly appointed member of a board or commission acting wihin the scope of their duties, in all civil litigiation where the County of Clinton, or said officer or said employee has been made a party;
f. Preparing and approving as to form all contracts; deeds, bonds and other legal instruments to be executed in the name of or made to or within the County of Clinton
g. Appearing on behalf of the People of the County of Clinton in all actions and proceedings involving any alleged violation of any charter provision, ordinance or rule and regulation of the County of Clinton or subordinate jurisdictions

§ 6.03 Assistant County Attorney

a. The County Attorney shall be entitled to a number of full-time Assistant County Attorneys to be appointed by the County Attorney, to serve at the County Attorney's pleasure.
b. A vacancy in the office of Assistant County Attorney shall be filled in the same manner as the initial appointment.
c. An Assistant County Attorney must be licensed to practice law by the State of Iowa.
d. An Assistant County Attorney shall take the same oath of office as the County Attorney, and shall perform such duties as may be assigned by the County Attorney. The Assistant County Attorney shall devote full-time to the duties of the office and shall not engage in the private practice of law during his or her term.

§ 6.04 Removal of County Attorney

a. The following are grounds for suspension of a county attorney or for their removal from office:

1. Mental or physical incapacity interfering with the duties of which is, or is likely to become, permanent;
2. Willful misconduct in office:
3. Willful and persistent failure to perform duties.
4. Conviction of a crime involving moral turpitude;
5. Conduct prejudicial to the administration of justice which the office into disrepute; or
6. Knowingly authorizing or permitting an assistant county attorney to commit any act constituting grounds for removal.

b. The County Board may suspend or remove the County Attorney with a simple 2/3 majority in the Board.
c. Alternatively a referendum may be sent to the Elections Commission to trigger such referendums.
i. Referendums procedure shall be explained in Article VII.

§ 6.05 Administrative Assistants

a. The County Attorney shall be entitled to one administrative assistant to be appointed by the County Attorney and to serve at their pleasure. The assistant need not be an attorney licensed to practice law in the State of Iowa
b. It shall be the duty for the administrative assistant to assist the County Attorney in preparing for cases for trial and in expediting the criminal court docket, and to assist in such other duties as may be assigned by the County Attorney.

§ 6.06 Investigatorial Assistants

a. The County Attorney shall be entitled to one investigorial assistant to be appointed by the County Attorney and to serve at their pleasure. The assistant need not be an attorney licensed to practice law in the State of Iowa
b. It shall be the duty of the investigatorial assistant to investigate cases preparatory to trial and to perform such other duties as may be assigned by the County Attorney.

§ 6.07 Institution of Suits

When directed by the County Executive or County Board in writing, the County Attorney shall institute any suit, action, or proceeding that would be consistent with the ethical canons of the legal profession.

# ARTICLE VII - REFERENDUMS
§ 7.01 Initiative & referendum powers

The qualified electors of Clinton County shall have the following powers;

A referendum may only question for the following:

a. Referendums are a way for Residents of the County to override an Ordinance, Law, Executive Order, Resoulution or a Department Policy.
b. The recall of any official, either elected or appointed,
i. Whenever a recall of an elected official passes, an election for that office shall be called at the earliest convenience of the Elections Commission.
ii. Whenever a recall is requested, the reasoning must meet one of the following conditions:
1. A neglect of duty
2. Misuse of office
3. An incompetency in the official's performance
4. A violation of any Charter provision, ordinance, or rule and regulation of the County of Clinton
5. Convicted of a crime by a court of law
6. Willful and persistent failure to perform duties
7. Knowingly allowing a crime to take place without reporting it
8. Any other condition that may be approved by County Oversight
c. Any amendment to the charter
i. Charter amendments proposed by the County Oversight are not automatically subjected to ratification via referendum
d. To propose an ordinance to the County Board
e. Any other questions allowed by the County Board

§ 7.02 Recall & referendum procedures

a. Initiative & referendum procedures shall be started upon petition signed by 30 residents of the County at large eligible to vote. Every initiative and referendum petition shall contain or have attached thereto throughout its circulation the full text of the referendum petition.
b. Each Resident signing an initiative or referendum petition shall add to his or her signature, occupation and date of signing.
c. An intitiative or referendum petition shall be tendered to the Clinton Electoral Commission. No signature shall be counted as valid which is dated more than thirty (30) days prior to the date the petition is tendered for filing. Within five (5) days after tender of the petition, the Clinton Electoral Commission shall verify the validity of the petition and validity and number of signature required thereon. The decision of the Clinton Electoral Commission shall be subject to immediate review on appeal to the District Court.
d. When an initiative or referendum petition has finally been determined sufficient, a county-wide vote shall be held at the earliest convenience and must recieve 50 or more votes of the people's consent to the referendum to pass.
e. A petition may be withdrawn at any time prior to the petition being put on the ballot.

§ 7.03 Results of Election

a. Shall the petition recieve 50 or more votes of the people's consent to the referendum to pass and vote in favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects by all branches of the government.
b. If a majority of the qualified electors voting on the petition and or referendum and vote against it, it shall be considered a failed petition and referendum and it will not go into effect upon certification of the election results.

# ARTICLE VIII - BILL OF RIGHTS

§ 8.01 Inherent Rights

a. All persons are born equal, and thus, shall be treated as such. All persons are entitled to liberty, the pursuit of happiness, equal treatment, rights and opportunities, and protection under the law; as such, no inhabitant of the State shall be discriminated upon based upon their sex, race, color, creed, religion, political affiliation, political beliefs, or otherwise.

§ 8.02 Political Power; Purpose of Government

a. All political power is inherent in the people. The government derives its just power from the people and exists on a consensual basis to safeguard the rights of all persons of the County and benefit the people otherwise.

§ 8.03 Due Process of Law

a. No person shall be deprived of life, liberty, or property, without due process of law. The right of all persons to fair and impartial treatment during executive and legislative investigations shall not be abridged.
b. All persons are entitled to a fair and speedy trial, except in other circumstances where the people may require. In all criminal proceedings, no person shall be tried twice for the same offense, except treason. No person shall be compelled to act as a witness against themselves in the course of criminal prosecution.
c. The accused is entitled to the information on the nature and cause of their accusations; to be confronted with the witnesses against them; to have compulsory process to obtain witnesses in their favor; to counsel in their defense; to release on bail, except in the circumstance where they are accused of capital offenses and the proof is evident or the presumption is great.
d. Excessive bail shall not be required, excessive fines be imposed, nor cruel or unjust punishments be inflicted. The basis of criminal administration shall be in the pursuit of the wellbeing of the public, the rights of victims of crimes, condemnation, restitution and reformation of the offender.

§ 8.04 Habeas Corpus

a. The privilege of the writ of habeas corpus shall not be suspended, unless in cases of rebellion against the County or actual or imminent invasion, the public safety requires it. The Legislature may regulate the timeframe where the writ of habeas corpus is to be implemented, but not in contravention of Common Law.

§ 8.05 Civic Freedoms

a. No law shall discriminate upon the establishment of religion, or prohibit the free exercise thereof. Every inhabitant of the County shall be entitled to free speech, that being the freedom to write, speak and publish; No person shall ever be punished or discriminated upon for the free exercise thereof. The right of petition, and of the people peaceably to assemble for the common good, shall never be abridged.

§ 8.06 Search and Seizure

a. The people shall have the right to privacy and security in their persons, homes, effects or papers, except where probable cause is present or a warrant is issued by a judicial officer, based on sufficient evidence, for the search of one of the aforementioned possessions. Private property shall not be taken or damaged for public use without compensation, unless by criminal forfeiture, in a manner prescribed by law.

§ 8.07 Right to Bear Arms

a. The right of all persons to bear and use arms in defense of themselves shall not be abridged, except in the commission of the crime. The Legislature may restrict and license the use of firearms, but not in contravention of Common Law or the provisions of this section.

§ 8.08 Right to Access

a. It shall be the duty of the County Executive and the County Board to provide within the limitations of County Resources convenient for recieving and requesting County services to all residents.

§ 8.09 Right to Truth in Government

a. No County Official or employee shall knowingly furnish false information on any public matter, nor knowingly omit significant facts when giving requested information to members of the public. Subject to penalty under ordinance.

§ 8.10 Public Records

a. Each person shall have the right to access County records. Records shall be maintained and available for public viewing at any time or when requested. The County Clerk shall have the responsibility to maintain all public records of the County.

§ 8.11 Right to be Heard

a. Any Resident of the County has the right to be heard and appear before the County Board for the presentation, adjustment or determination of a public issue, matter, or request within the County jurisdictions. Matters shall be scheduled for the convenience of the public. The County may establish temporary reasonable regulations per public hearing including the limiation of time the public may speak on any of the above topics.

§ 8.12 Right to Notice

a. The County shall provide a notice to the person(s) entitled to notice of a hearing by the County Board. The notice shall & must in full include a time, place, and nature of the scheduled hearing. The County must provide copies of proposed ordinances and resolutions at a time before a hearing unless the matter in the above involved a adoption of a emergency ordinance or resolution.

§ 8.13 County Executive Reports

a. The County Executive shall notify the public at any time of any major events that have happened within the County.
b. The County Executive must give the "State of the County" to the County Board at any time during their term.

# ARTICLE IX - PUBLIC SAFETY & AGENCIES

§ 9.01 - City Police Departments

a. A City Police Department shall have leadership consisting of Chief of Police, Deputy Chief of Police and the Assistant Chief of Police.
b. Be composed of the Chief of Police, who shall be nominated by the County Executive, with the advice and consent of the County Board, and such subordinate police officers appointed by the Chief as may be necessary to preserve peace, protect persons and property, and enforce laws
c. Be the duty of the police force to suppress all civil disturbances such as riots or breaches of civil peace and apprehend any and all persons in the act of committing any offense against the laws or of the ordinances, and forthwith bring such persons before the proper court or other competent authority for examination, and at all times diligently and faithfully enforce all such laws, ordinances, and regulations for the preservation of good order and the public welfare as the County Board may enact, and upon due and reasonable suspicion arrest any person or persons who may be guilty of a breach of any of the local ordinances or of any crime against the County or the United States of America.

§ 9.02 - Fire & Rescue

a. The County Fire & Rescue shall be composed of the Fire & Rescue Commissioner, who shall be nominated by the County Executive as may be necessary to protect the County against fire and to provide other emergency services as such desginated by this Charter and Ordinances of Clinton County.

§ 9.03 Sheriff's Office

a. The Sheriff's Office shall be composed of the Sheriff, Undersheriff, and Deputy Sheriffs.
a. The Sheriff's Office shall be in charge of executing county warrants and court orders as well serving such orders coming from the County Courts. The Sheriff's Office shall also be responsible for upholding county ordinances and shall hold the duties of prisoner transport and holding prisoners of the County.
c. In addition thereto, the Sheriff and the Sheriff's Office shall excecise and perform the powers and duties now required by the Constitution, the Charter, or ordinances of the County of Clinton to be performed by the County Sheriff.
d. The Sheriff shall be deemed the appointing authority for the purposes of hiring, discipline, and termination of Deputy Sheriffs and other employees within the Sheriff's Office.

# ARTICLE X - COUNTY OVERSIGHT

§ 10.01 - Establishment of the County Oversight

The County Oversight is recognized as the highest body of the County, and possesses supreme authority over any and all government operations. County Oversight shall only act to maintain the community's image, game or development and prevent overly damaging actions from taking place.

§ 10.02 - Composure of County Oversight

County Oversight shall be composed of the group owners and shall serve an indefinite term. County Oversight may choose to approve new members to sit as County Oversight with unanimous consent.

§ 10.03 - Powers

a. County Oversight, as the highest body of the County, possesses the following powers:
i. With majority consent, the County Oversight may veto any legislation passed by any legislative authority acting upon the County
ii. With majority consent, may independently nominate and appoint individuals for any office within the County, including elected offices, and may bypass the electoral process to do so
iii. May act and/or assume as officers of any branch of government or office
b. This section must not be misconstrued as a restriction upon the authority of County Oversight as owners of the group. The County Oversight shall exert any power as virtue of their ownership.

§ 10.04 - Offices of County Oversight

a. The following are considered offices of County Oversight, and are administered and/or directly overseen by the County Oversight:
i. Clinton County Housing Office
ii. Clinton Electoral Commission

# ARTICLE XI - ELECTIONS

§ 11.01 - Establishment of the Clinton Electoral Commission

a. The Commission shall be responsible for the administration of elections for the any county or municipal office that requires election.
b. The Commission shall be composed of four (4) commissioners to review ballots and votes and to certify results.
c. The Commission shall be appointed by County Oversight, unless otherwise delegated.

§ 11.02 - Clerk of the County

a. The Clerk of the County shall be responsible for informing the Commission of a vacant seat in the government.
b. The Clerk shall be responsible of giving a notice to the People that a seat is vacant.

§ 11.03 - Notice of Candidacy

a. Persons interested in running for Public Office are to inform the Commission of their intentions but must make sure they meet qualifications for office.

# ARTICLE XII - GENERAL PROVISIONS

§ 12.01 - County Seal

a. The Board shall have the right to adopt an official Seal for the County.

§ 12.02 - Public Records

a. The records of the County shall be public and viewable to every resident of the County for examination as required by law.
b. The County Clerk shall keep up with public records of the County

§ 12.03 - Oath of Office

a. County Executive
i. I do solemnly swear (or affirm) that I will faithfully execute the Office of County Executive, and will to the best of my ability, preserve and defend the People, the County Charter, and the United States Constitution
b. County Board
i. I do solemnly swear (or affirm) that I will faithfully execute the office of which I am about to enter, and will to the best of my ability, preserve and defend the People, the County Charter, and the United States Constitution
c. County Department Head
i. I do solemnly swear (or affirm) that I will support the Charter, the Constitution of the United States, and that I will faithfully and impartially discharge and perform all duties incumbent upon the office of which I am about to enter, and to the best of my ability and understanding.
d. County Judge
i. I do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all duties incumbent upon me as a County Judge under the County Charter, and the Constitution and Laws of the United States of America

§ 12.04 - Amendments

This charter may be amended with a 3/5ths majority in the County Board which will trigger a referendum through § 7.02

a. Any new Charters proposed by the County Board must be approved by County Oversight.