# CHARTER OF THE COUNTY OF GABLE
>We, the people of Gable County, Raritan, in recognition of our rights to maintain our county as a unit of local government, and to determine the way in which our county affairs shall be managed in accordance with the Constitution and laws of the state, by this Charter do hereby proscribe the following government.

## ART I. - AUTHORITY

### SECTION 1. - Name.
The name of the county as it presently exists shall continue to be Gable County.

### SECTION 2. - Nature and Legality.
This Charter will not change the fact that the county shall continue to be a body politic of the State of Raritan and shall be vested with all the rights and powers of local government, provided by the Constitution and laws of the state.

### SECTION 3. - Boundaries.
The boundaries of the county and its subdivisions shall be prescribed for the county by the laws of the state.

### SECTION 4. - County Seat.
The seat of government of the county shall continue to be the City of Orville.

## ART II. - POWERS AND DUTIES

### SECTION 1. - General Powers so Granted.
The county shall have those powers granted to it by the Union of Columbia Constitution, federal law, the Raritan Constitution and the laws of the state.

### SECTION 2. - Intergovernmental Cooperation.
The Board of County Commissioners may, in the interests of the county, arrange by contract for functions of the county to be performed in cooperation with its subdivisions, namely the City of Orville, and one or more of the other counties of the state.

### SECTION 3. - Division of Powers.
This Charter establishes the separation of the legislative and administrative functions of county government. The establishment and adoption of policy shall be invested in the Board of County Commissioners and the execution of said policy shall be the responsibility of the County Administrator.

## ART III. - BOARD OF COUNTY COMMISSIONERS

### SECTION 1. - Composition and Qualification.
There shall be a four member Board of County Commissioners, whose members shall have been domicile in the County of Gable for three weeks before the date of election. The office of any commissioner shall become vacant when the member ceases to be a resident of the county, or for any other cause as provided by this Charter or by the laws of the state.

### SECTION 2. - Terms of Office.
Each commissioner elected shall serve five months and thereafter, until a successor is respectively elected and sworn in.

### SECTION 3. - Incompatibility of Offices.
Except where authorized by law, no commissioner shall hold any other elected position or full-time employment in the county during their term on the board.

### SECTION 4. - Vacancies.
When an office is left vacant through resignation, removal or any other reason, the Governor shall appoint a person to fill the vacancy. That person shall hold office until the next election.

### SECTION 5. - Powers and Duties of the Board.
The Board of County Commissioners shall be the policy-making body of the county. Except as otherwise provided by this Charter and state law, the board may exercise all powers granted to it. Specifically, the board has the power and duty to:
- Appoint the county administrator on the basis of executive and administrative qualification, with special reference to actual experience in a similar job. At the time of appointment, the administrator must have been a resident for at least three weeks, and may also be appointed from the four elected commissioners. The administrator may not hold any other elective or appointed office. The administrator shall hold office for an indefinite term, and may serve beyond one election cycle. The board may, for causes of misconduct or gross negligence, suspend or remove the administrator. In case of absence, a county official, except the sheriff, may be appointed temporarily by the board to perform the administrator’s duties.
- Confirm, by a three-fourths vote, the appointment and removal of all county department heads. However, the board shall not direct the appointment or removal of an office appointed by the county administrator.
- Require county officers, employees and contractors to give evidence before the board for the purpose of informing, advising or assisting the board in its duties.
- Appoint a county clerk, who may appoint their own deputies, to keep and hold records of county meetings conducted and other relevant county business, to be deposited with the Secretary of State regularly.
- Care for the county’s property and manage its business, as state legislation shall allow.
- Have final authority over the operation of all county offices by elected or appointed county officers. The board must act as a board and not individually while exercising this authority.
- Perform other duties as required by law.

### SECTION 6. - Organization.
The board shall meet at least once a month. The chairman of the board shall be the county administrator who shall preside over meetings of the board, have the right to vote in tie-breaking decisions, keep order during meetings, enforce the rules of the board, and determine the meetings’ agenda. When the administrator is unable to be the chairman, the clerk shall also preside as the chairman of the board.

### SECTION 7. - Meetings.
Regular Meetings. The board shall meet regularly and publicly as required above. The clerk shall notify the public of a meeting at least two days before it is held.

Quorum. Three commissioners constitute a quorum. When fewer attend, they may adjourn to a more convenient time and place.

Special Meetings. Special meetings may be called by the chairman or two commissioners. They may be held at the earliest of one hour after public notice has been given.

Actions of the board taken at a special meeting may only pass matters specified in the notice of the meeting, and actions taken unrelated to the topic of the meeting should be re-visited at the next regular meeting to be ratified.

### SECTION 8. - Records.
The clerk shall keep the county record up to date. Upon the request of the county administrator or a commissioner, the individual votes of any matter shall be recorded and entered onto the register.

## ART IV. - ADMINISTRATION

### SECTION 1. - General Provisions.
All functions and duties required to carry out policy shall be exercised under the direction and supervision of the county administrator, subject to the approval and oversight of the board.

### SECTION 2. - County Administrator.
Administration. The county administrator is the chief administrative officer of the county and is responsible for the good conduct and administration of all departments and offices of the county. The administrator should attend all meetings of the board, except when their removal or suspension is being considered.

Other Authority. Unless otherwise specified, all administrative officials and employees of the county, other than the commissioners, shall be appointed by the county administrator. The qualifications for an appointed office or position shall be as prescribed by the board.

### SECTION 3. - Elected Officials.
The District Attorney shall continue to be elective pursuant to the laws of the state, required to be a member of the state bar in order to run as district attorney. They shall serve for no more than six months.

The Sheriff of Gable County is an office appointed by the Governor. However, by convention the Office of the Governor allows the county to have an unbinding vote on who should be the sheriff of the county.

### SECTION 4. - The Sheriff’s Office.
There shall be an office established under the authority of this charter which shall herein be named “The Gable County Sheriff’s Office”.

The Sheriff’s Office shall be responsible for the enforcement and protection of the laws of the county and the state.

The Sheriff’s Office shall be under the authority of the Sheriff who shall be a law enforcement academy graduate and be appointed or removed by the state Governor; as stipulated in section 3 of this article.

The Sheriff’s Office shall be a recognized law enforcement body; and all employees including the sheriff shall therefore be Law Enforcement Training Academy certification holders.

Furthermore, due to their position as a law enforcement body and a member of the emergency services they shall be under the jurisdiction of the Department of Justice.

The Sheriff’s Office shall be responsible for serving as peace officers and shall have the authority and power to detain, arrest and charge citizens suspected of criminal activity.

The Sheriff’s Office shall be responsible for providing Bailiff duties to the courts unless otherwise directed by State or county legislation.

The Sheriff’s Office may assist with the management and operation of correctional facilities so far as state law shall allow.

The Sheriff shall be the head of his office and shall have the authority to administer, manage and order his office and its structure as necessary not inconsistent with state and local law.

The Sheriff shall serve at the pleasure of the Governor and the people of the county; he may be removed solely by the Governor at the Governor’s discretion; or by the county board for any offense which would constitute impeachment under the state constitution.

As stated in the state constitution, the Sheriff shall vacate his office at the end of his appointers term due to all non judicial Governor appointments expiring at the end of the Gubernatorial term. He shall serve until a replacement has been appointed or elected as section 3 stipulates or shall begin a new term if reappointed or re-elected.

## ART V. - ELECTIONS

### SECTION 1. - Nomination and Election of County Officers; Vacancies.
The manner of nominating and electing county officers and the filling of vacancies shall be determined by the laws of the state.

### SECTION 2. - Elections on County Referenda.
The manner of conducting an election of referendum questions concerning the county shall be determined by the manner prescribed by the laws of the state.

### SECTION 3. - Swearing in of Officials.
Those who are elected to public office shall be sworn or affirmed by a trial or appellate judge of the county, or by the clerk of the county in a judge’s absence. The oath is as follows:
> “I, __________, solemnly {swear/affirm} that I will support the Constitution and obey all laws of the nation and of the State of Raritan. I will serve the people of Gable as I discharge the duties of the office of _____. {So help me God/This I do under the pains and penalties of perjury}.” {delete as appropriate}

## ART VI. - GENERAL PROVISIONS

### SECTION 1. - Amendments.
This charter may be amended via a resolution passed by three-fourths (¾) the board of commissioners, put before a referendum of the county’s residents, and transmitted to the State Assembly in the form of a bill as required by state law.

### SECTION 2. - Employees of the County.
No employee of the county shall engage in political activities during their working hours, and are required to go on leave whilst running for any elected public office.

No officer or employee of the city shall use city property for any partisan political purposes, except during authorized town hall hustings or political debates.

### SECTION 3. - Severability.
If any part of this Charter is determined by a court to be unconstitutional or invalid, the remainder thereof shall remain in full force.

## ART VII. - BY-LAWS & ORDINANCES OF THE COUNTY

### SECTION 1. - Authority of the Board to Compel Witnesses.
When the board so requires a witness to testify or give evidence as stipulated in this charter, it shall direct the Sheriff of the county as the ex officio county bailiff to serve such instruction upon the person required. It shall be the duty of that person to then appear before the board at a suitable time and place.

Failure to appear before the board shall result in the county filing charges against said person in the Trial Court of Gable County for contempt of the board, where they may be punished as if they were in contempt of that court, not exceeding $300.00.

### SECTION 2. - Enacting style of by-laws and ordinances.
The enacting style of all by-laws and ordinances passed by the county shall be “Be it ordained by the Commission of the County of Gable, Raritan.”

### SECTION 3. - [Reserved for future by-laws and ordinances passed by the board]