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# CHARTER OF HARRISON COUNTY, CHESAPEAKE
#### Ratified on the twelth day of January in two thousanth and twenty sixth year of our Lord

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<img src="https://hackmd.io/_uploads/rygadrYSWx.png" />
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>We, the People of Harrison County, a body corporate and public, in order to establish a more dynamic, efficient, and responsive form of County Government, which shall be empowered by us to exercise greater local authority to govern, to obtain the benefit of home rule and to separate the legislative, executive & judicial forms of government, and be manifest in its scope to all, do adopt, ordain, and establish as our instrument of government this Charter of Harrison County.

## ARTICLE I - POWERS OF THE COUNTY

**1 - State Division**
Harrison County is established as a political subdivision of the State of Chesapeake. Except as expressly set forth in this Charter, or as may be determined by the Courts of Law, the County is an independent government and subject only to its own rule. This Charter bestows upon the County all rights and powers of self-government and home rule.

**2 - Seat**
The seat of the County is Jamestown.

**3 - Supremacy**
This Charter is law, and it is the supreme law over all other laws which shall be made or caused to be made pursuant to it. All laws shall conform to the limits and bounds set forth in the Charter, and shall in any case conform to the limits and bounds set forth in the Constitutions of the State of Chesapeake and the United States, except where this Charter shall explicitly instruct a departure from those limits or bounds.

## ARTICLE II - EXECUTIVE BRANCH

**4 - County Executive**
The People shall elect, by popular vote, an Executive of the county according to the schedule set forth later in this Charter.

> **5 - Vacancy**
In the case of a vacancy in the office of the County Executive, the President pro tempore at the time of the vacancy’s beginning shall act as the County Executive until the office can be filled as outlined by this Charter. The Council shall set down who shall act as the County Executive if the President pro tempore is unwilling or unable. Whoever shall act as the County Executive shall not exercise the powers of their original position while they are acting as the County Executive.

> **6 - Purpose and Duties**
The County Executive shall take care that the laws of the County be faithfully executed, that the government provides such services which may be essential to the wellbeing of the County and its residents, and shall ensure the safety and security of the County and its residents.

> **7 - Head of Branch**
The County Executive is the head of the executive branch of the County. They are responsible to the legislature and to the People for the proper administration of the County.

**8 - Armed Forces**
The County Executive shall appoint, with the advice and consent of the Council, a Colonel of the County Militia. The Colonel is an independent officer and does not report to the County Executive, except when the County Executive provides for the use of the armed forces in a declared State of Emergency. The Council shall set forth other regulations for the use of the Militia outside of a declared emergency.

**9 - Clemency**
The County Executive retains the sole power to grant clemency and pardons for offenses against the County and its various subdivisions. Every action taken under this section shall be made publicly known, and in any case known in such a way as the Council may provide, at the time it takes effect.

**10 - Powers**
The County Executive shall, consistent with the laws of the County, exercise authority over—
<ol type="a">
<li>the maintenance of the relations of the County with foreign jurisdictions;</li>
<li>the operations of the various executive departments subject to their oversight;</li>
<li>the public lands in the County;</li>
<li>the registration of businesses and real property;</li>
<li>the organization of their office; and</li>
<li>such other matters entrusted to the executive branch by law.</li>
</ol>

**11 - Executive Orders**
The County Executive may set forth secondary legislation in the form of an executive order. No executive order shall hold force unless it is signed and dated by the County Executive. Executive orders affect only the obligations, rights, and operations of the executive branch.

**12 - States of Emergency**
The County Executive shall, when there is an emergency threatening life, property, or the security of the County, declare that such an emergency exists. In such declared emergencies, the County Executive may—
<ol type="a">
<li>impose curfews only as may be permitted by law, except that the lawful business of the Courts, the Council, and the civilian police shall never be obstructed or delayed;</li>
<li>utilize the armed forces of the county, or any portion of them, to provide protection to buildings, persons, or lands;</li>
<li>utilize the armed forces of the county, or any portion of them, to execute the civilian laws of the County or its subdivisions; and</li>
<li>close or restrict certain public lands and property.</li>
</ol>

> **13 - Time Limit**
No State of Emergency shall be in effect for longer than twenty four hours, except where the Council may approve an extension of that State of Emergency up to seventy two hours. No State of Emergency shall be enacted following the culmination of a State of Emergency for the purposes of artificially extending the original State of Emergency.

## ARTICLE III - LEGISLATIVE BRANCH

**14 - Council**
The People shall elect, by popular vote, seven Councilors according to the schedule set forth later in this Charter. In the case of a vacancy in an office of a councilor, the seat shall be filled by appointment or a special election, both to be carried out by the Electoral Commission, and the Electoral Commission shall set down specific rules for when each process shall take place.

> **15 - Presiding Officer**
The County Executive is a non-voting member of the Council and is the normal President of the Council. They preside over the procedural matters of the Council and do not set the agenda of the Council. If the County Executive is not present when the Council convenes, the President *pro tempore* shall preside instead. The rules may provide for who shall preside when the County Executive and President *pro tempore* are not able to preside.

> **16 - President *pro tempore***
The Council shall, as the first order of business in their term, elect one of the Councilors to be the President *pro tempore* of the Council, with such duties only as set out in this Charter and in the rules.

**17 - Protections**
No Councilor or member of a municipal legislative body shall be questioned, penalized, arrested, or otherwise held to account in any other place for any speech, debate, vote, or statement made in the course of official legislative proceeding.

**18 - Rules**
The Council shall, as the second order of business in their term, and at any time thereafter, provide for the rules of their proceedings.

**19 - Ties**
In the case of a tie, the County Executive shall cast a tiebreaking vote if they are presiding in the session. If a Councilor is presiding, the measure shall fail.

**20 - Officers**
The Council shall appoint its own officers and staff.

**21 - Quorum**
A majority of the voting members constitutes a quorum to do business.

**22 - Sessions**
The Council shall sit in session at least once every seven days, except when the Council shall have authorized a break of up to fourteen days in which there shall be no session. There shall only be one such break per term of the Council.

**23 - Warrants**
When the members of the Council have not met within the required time, or when they are purposefully absent from a session of the Council, the County Executive or the President *pro tempore* may petition the Courts of Justice for a warrant authorizing the capture and detention of the members for the purpose of attending a session of the Council. Such warrant shall not be unduly delayed or denied.

**24 - Legislation**
The Council shall set forth legislation in the form of a bill or a resolution. A resolution shall hold force only within the legislative branch. The rules of their proceedings shall be set forth through a resolution.

**25 - Bills**
A bill which has passed a vote of the Council shall be presented to the County Executive. The County Executive may sign the bill, and it shall become law, or he may return it with his objections to the Council. If, upon a vote of all the Councilors, a bill which has been returned shall have received the approval of all the Councilors, less one, it shall become law notwithstanding the objections of the County Executive.

> **26 - Time Limit**
A bill which, once presented to the County Executive, is not signed or returned by the end of the third day following its presentation shall automatically become law without the signature of the County Executive.

**27 - Expulsion**
A Councilor who fails to attend sittings of the Council for three consecutive weeks, when they have not received the consent of the Council to do so, shall be automatically expelled from the Council. Additionally, the Council may, with the approval of all the Councilors, less one, expel any of its members for willful misconduct or other good cause. A person who is expelled shall not be eligible to hold the office of Councilor for one hundred days following their expulsion.

**28 - Other Powers**
The Council shall have the powers to—

<ol type="a">
<li> end a declared state of emergency, and the use of emergency powers, at any time by a declared resolution.
<li>require the attendance of any employee or officer of the County to a meeting of the Council or one of its committees;</li>
<li>create, and appoint the members of, committees;
<li>open inquiries or investigations into the conduct of any department, branch, or officer of the County;</li>
<li>ratify treaties and other formal agreements relating to foreign affairs; and</li>
<li>end a declared state of emergency, and the use of emergency powers, at any time by a declared resolution.</li>
</ol>

**29 - Criminal Offenses**
Criminal offenses shall be set forth by the Council. No criminal offense shall be set forth by any municipality or jurisdiction subordinate to the County and this Charter. Nothing in this section shall be construed as to prohibit the creation of administrative and civil penalties for infractions by municipalities, or by the various departments when so authorized by the legislature. No trial of any criminal offense shall be by jury, except for those offenses which the Council shall specifically provide for.

**30 - Rights of Audience**
Under such rules as the council may from time to time prescribe, residents of the county shall be, on application thereof, heard by the council in writing or by speech for a period of not less than two minutes per applicant at any given meeting of the council. Furthermore, government officials which have their positions enshrined in this charter reserve similar rights but for a period of double the time allotted to residents, when speaking on behalf of their official position or agency.

## ARTICLE IV - JUDICIAL BRANCH

**31 - State Courts**
Herein, the Circuit Court refers to the Circuit Court for the State of Chesapeake's Seventh Judicial Circuit. The County Court is organized as one of many Courts which are part of, and subordinate to, the Circuit. These Courts nonetheless remain under the control of the County’s government and exist only as established herein.

**32 - Judicial Power**
The Courts of Justice shall remain open at all times to impartially administer justice to the People without unnecessary delay. The judicial power of the County is vested in the Circuit Court and the County Court and shall at all times be administered in accordance with the principles of justice, fairness, and in such a way which protects the rights of the People.

> **33 - Writs and Warrants**
The Courts of Justice may issue all writs necessary in aid of the exercise of their jurisdiction.

**34 - Chief Judge**
The Chief Judge shall be appointed for life by the County Executive with the advice and consent of the Council, from amongst the sitting Judges of the Circuit Court, and shall hold office as the Chief Judge separate but concurrent to their office as a Circuit Judge.

> **35 - Administrative Orders**
The Chief Judge is charged with the administration of the judiciary at large and shall issue such administrative orders as may be necessary for the proper functioning of the judiciary.

**36 - Administrative Judge**
The Chief Judge may, when necessary, appoint an Administrative Judge from amongst the serving Judges of the Circuit and County Courts who shall exercise such powers as may be set out by the Chief Judge to ensure the proper administration of the judiciary and management of cases. The Administrative Judge shall serve at the pleasure of the Chief Judge and may in any case be removed by the Circuit Court by vote.

**37 - Registrar**
The Chief Judge shall appoint a Registrar who shall be charged with maintaining the administrative operations of the Court, and who shall conduct ministerial duties as directed by the Chief Judge. The Registrar shall serve at the pleasure of the Chief Judge and may in any case be removed by the Circuit Court by vote.

**38 - Other Officers**
The Circuit Court shall appoint all other officers which it deems necessary for the operations of the Courts and shall vest them with such powers as may be required to ensure the proper execution of their duties. These officers shall serve at the pleasure of the Chief Judge and may in any case be removed by the Circuit Court by vote.

**39 - Circuit Court**
The Circuit Court shall be composed of five Judges, appointed for life by the County Executive with the advice and consent of the Council, and shall be the highest legal authority within Harrison County. The Court shall have final authority over the interpretation of law and the constitutionality of acts within the County, including assessing whether such acts are compliant with this charter.

> **40 - Presiding Officer**
The Chief Judge shall serve as the presiding officer of the proceedings of the Circuit Court.

> **41 - Jurisdiction**
The Circuit Court shall have appellate jurisdiction over questions arising from cases and controversies had in the County Court; and shall exercise original jurisdiction—
> <ol type="a">
> <li>over writs of mandamus and of prohibition to the County Court;</li>
> <li>over matters concerning the powers of judicial discipline on their own motion or on the application of the Independent Commission; and
> <li>over other matters which have been reserved to the original jurisdiction of this Court by law or by the rules of procedure;</li>
> </ol>
> and may provide their opinion as to any matter of law submitted to the Court by the County Executive, the District Attorney, or the Council.

> **42 - Removal to Jurisdiction**
The Circuit Court may, by a vote of its members, remove any case from the County Court and hear that case in the Circuit Court owing to its general importance in deciding the affairs of the County and its People. A removed case may be heard by a single judge or a panel of three judges. A removed case on appeal shall be heard by the whole Court.

> **43 - Recusal**
Any Judge of the Circuit Court who took part in a case on appeal from the County Court or otherwise has a conflict of interest shall recuse from the proceedings of that case in the Circuit Court. The Chief Judge shall set down rules on when, and how, a Judge from the County Court shall be elevated to the Circuit Court temporarily to hear a case on appeal.

> **44 - Attorneys**
The Circuit Court shall admit, discipline, and remove those persons who practice law—attorneys and otherwise—who may appear before the Courts for the purposes of representing another person.

> **45 - Rulemaking Authority**
The Circuit Court shall make and promulgate the rules governing the procedures in all types of cases. The Council may revise any rule adopted by the Circuit Court but shall not revise administrative orders promulgated by the Chief Judge under his authority.

**46 - County Court**
The County Court shall be composed of a number of Judges to be determined by law, though no reduction of that number by subsequent law shall cause any sitting Judge to be vacated from their seat, and shall in any case never be less than three. County Judges shall be appointed for life by the County Executive with the advice and consent of the Council.

> **47 - Jurisdiction**
The County Court shall have original jurisdiction over all cases and controversies where the Circuit Court does not have original jurisdiction and where the case has not been removed by the Circuit Court.

**48 - Justices of the Peace**
The Circuit Court shall appoint, and remove, Justices of the Peace as they deem necessary to ensure the proper and timely administration of justice. Justices of the Peace shall be empowered to conduct the duties of a County Judge in accordance with the rules of procedure. The rulings of a Justice of the Peace shall be countersigned by a Judge except where otherwise specified in the rules of procedure or by an administrative order. Justices of the Peace are judicial officers and subject to discipline and impeachment in the same manner as County Judges.

**49 - Independent Commission**
The Independent Commission on the Judiciary shall be a non-partisan and independent commission which resides in the judicial branch. It shall have five members, each appointed for a six month term—
<ol type="a">
<li>one shall be appointed by the Chief Judge, but who is not themselves, from amongst the Judges of the Courts of Justice;</li>
<li>one shall be appointed by the Chief Judge, but who is not themselves, from amongst those persons qualified to engage in the practice of law;</li>
<li>one shall be appointed by the District Attorney, but who is not themselves, from amongst those persons in his office who are qualified to engage in the practice of law;</li>
<li>one shall be appointed by the County Executive, but who is not themselves, from amongst those persons who are qualified to engage in the practice of law; and</li>
<li>one shall be appointed by the County Executive, but who is not themselves, from amongst those persons who are not qualified to engage in the practice of law, and who is not a member of the Council, or the leadership of any department or agency, and who shall not be employed in the Office of the County Executive.</li>
</ol>

> **50 - Early Removal**
A member may be removed from the Commission before the expiry of their term if it is done in writing and signed by the Chief Judge, County Executive, and the President *pro tempore* jointly.

> **51 - Chairperson**
The Commission shall elect one of its members to be the Chairperson, and the election of the Chairperson shall be presided over by the Chief Judge or an officer he designates to do so. The Chairperson, once elected, shall hold that position for the term in which they hold their membership.

> **52 - Judicial Candidates**
The Commission shall make recommendations on the qualified and interested candidates for judicial office when so requested to do so by the County Executive or the Chief Judge. The County Executive shall receive recommendations from the Commission prior to making an appointment to a judicial office and the Commission shall provide no less than four recommended candidates, unless fewer exist. Qualification shall be based entirely on merit without regard to age, sex, political views, or other factors.

> **53 - Code of Judicial Conduct**
The Circuit Court shall maintain a Code of Judicial Conduct which shall apply to all judicial officers. The Commission may, as they deem necessary, suggest amendments to this Code which shall be considered by the Circuit Court.

> **54 - Judicial Complaints**
The Commission shall hear and investigate complaints against judicial officers for violations of the code of judicial conduct and may forward their findings to the Circuit Court for disposition or may appoint one of its members to bring an application for discipline against a judicial officer.

> **55 - Recusal**
A judicial officer shall not participate as a member of the Commission in proceedings involving their own conduct. The Chief Judge shall designate another Judge to substitute for the proceedings.

**56 - Judicial Discipline**
The Circuit Court may, prior to the disposition of a disciplinary matter, issue a temporary suspension of that judicial officer and may, after providing adequate due process and the opportunity for the respondent to be heard—
<ol type="a">
<li>remove any judicial officer with the unanimous consent of the Court;</li>
<li>suspend any judicial officer for a set term, and in any such case the time spent on temporary suspension, if any, shall be counted towards completing that requirement;</li>
<li>impose restrictions upon the authority or exercise of any judicial office, permanently or for a set term; or</li>
<li>issue such warnings, reprimands, or other discipline as may be pertinent to the situation.</li>
</ol>

**57 - Judicial Impeachment**
The Council may, by majority vote, refer a judicial officer for impeachment to the Independent Commission. Impeachment shall only be for—
<ol type="a">
<li>violations of the code of judicial conduct;</li>
<li>conviction of a felony offense; or</li>
<li>severe inactivity.</li>
</ol>

The factual allegations set forth by the Council shall be investigated by the Commission and the Commission shall furnish a report on the matter. The Commission shall recommend, or refuse to recommend, the impeachment of the officer subject to investigation based on the facts they have made. If the Commission recommends impeachment, the Council may thereafter vote to remove the judicial officer involved with a unanimous vote, less one, of the Councilors.

> **58 - Limits**
No impeachment of a judicial officer shall be carried out without the Commission recommending it.

**59 - Suspension Awaiting Trial**
Where a judicial officer has been charged with a felony offense and the case has been set for trial, the Circuit Court shall consider the merit of the charges now presented. If it is found on a balance of the probabilities that conviction is possible based upon the evidence and allegations, the Circuit Court shall suspend the judicial officer for the duration of the case.

**60 - Bar Association**
The Chief Judge shall prescribe the regulations constructing and regulating the Bar Association, or a Board of Legal Examiners, as may be necessary for the proper functioning of the Courts.

**61 - Attorney Rules**
The Circuit Court shall issue such rules of professional conduct which apply to those practitioners who are admitted to practice before the Courts.

**63 - Charter Amendment**
Amendments to this charter shall, before being referred to the People, be put before the Circuit Court, who shall render their opinion as to supporting or opposing the amendment within fourteen days. The base opinion of the Court—favourable or unfavourable—shall be recorded and displayed next to the amendment on each ballot at the time it is put before the People. An amendment shall continue to be put forth before the People despite an opinion in opposition to the Amendment.

**63 - Municipal Courts**
No municipality or other political subdivision of the County shall create a Court of Justice.

## ARTICLE V - DISTRICT ATTORNEY

**64 - District Attorney**
The People shall elect, by popular vote, a District Attorney for the County according to the schedule set forth later in this Charter. In the event of a vacancy in the office of the District Attorney, the Deputy District Attorney shall act as the District Attorney until a special election may be held. If there is no Deputy District Attorney, the County Executive shall appoint a current member of the District Attorney’s Office to act as District Attorney until a special election may be held, which shall occur as soon as practical.

> **65 - Purpose and Duties**
The District Attorney shall represent the People of the County in the prosecution of criminal offenses and in such civil proceedings as may be authorized by law. The District Attorney shall seek justice impartially, protect the rights of the accused, and ensure the laws of the County are enforced fairly and consistently.

> **66 - Independence**
The District Attorney shall exercise independent authority in the performance of their duties, subject only to the State and federal Constitutions, this Charter, and the lawful authority of the Courts of Justice.

> **67 - Prosecutorial Discretion**
The District Attorney shall have sole discretion to determine whether to initiate, continue, negotiate, or dismiss criminal prosecutions on behalf of the County, except where otherwise required by law. No officer of the County shall direct or interfere with the exercise of prosecutorial discretion in any particular case.

**68 - Powers**
The District Attorney shall have the powers to—
<ol type="a">
<li>prosecute all criminal offenses arising under the laws of the County;</li>
<li>appear before the Courts of Justice on behalf of the People;</li>
<li>appoint, supervise, and remove assistant prosecutors and staff;</li>
<li>enter into plea agreements and diversion programs where authorized by law; and</li>
<li>perform such other duties as may be assigned by law, the Courts of Justice, and consistent with this Charter.</li>
</ol>

**69 - Relationship to Law Enforcement**
The District Attorney may direct and advise law enforcement officers in matters relating to criminal investigations and prosecutions but shall not exercise command over law enforcement agencies except as authorized by law. Law enforcement agencies shall comply with lawful requests of the District Attorney made in furtherance of prosecution.

**70 - Removal and Discipline**
The District Attorney may be removed from office only by recall or other process as provided elsewhere in this Charter.

**71 - Special Prosecutors**
Where the Commission determines that the District Attorney has a conflict of interest or is otherwise unable to act, the Commission may appoint a Special Prosecutor for a specific matter with the advice and consent of the Council. The Special Prosecutor is not subject to the supervision of the Council, the District Attorney, or the Commission.

**72 - Special Investigation**
The District Attorney shall appoint investigators for the purpose of investigating criminal offenses committed by peace officers.

> **73 - Mandatory Reporting**
A peace officer or other employee of a police department or the Sheriff who is aware of a criminal offense committed by a peace officer shall report that offense, and all available evidence, to the District Attorney without delay.

> **74 - Investigators**
Investigators appointed by the District Attorney, for the purpose of investigating a criminal offense committed by a peace officer, shall be vested with the authority to write and swear affidavits, collect statements, request warrants, and to execute warrants in conjunction with the Sheriff and their deputies.

> **75 - Limits**
These investigators are not peace officers and shall not make arrests on their own authority.

> **76 - Sheriff to Aid**
The Sheriff shall provide all necessary resources, officers, and authority to aid the District Attorney and their investigators in the execution of their investigation mandate.

## ARTICLE VI - SHERIFF

**77 - County Law Enforcement**
The Sheriff shall be elected by the People of the County in accordance with the schedule and procedures set forth in this Charter.

> **78 - Authority; Jurisdiction**
The Sheriff shall be the chief law enforcement officer of Harrison County and shall have jurisdiction everywhere in the County to enforce all laws, ordinances, and regulations lawfully enacted pursuant to this Charter, consistent with the Constitutions of the State of Chesapeake and the United States.

> **79 - Vacancy**
In the event of a vacancy in the office of Sheriff, the Undersheriff shall act as the Sheriff until a special election may be held. If there is no Undersheriff, the County Executive shall appoint a current member of the Sheriff’s Office to act as Sheriff until a special election may be held, which shall occur as soon as practical.

**80 - Duties**
The duties of the Sheriff shall include—
<ol type="a">
<li>preserving the peace, upkeeping public order and preventing hooliganism within the County;</li>
<li>enforcing criminal and civil laws of the County;</li>
<li>executing and returning all lawful writs, warrants, and orders issued by the Courts of Law;</li>
<li>providing security for the Courts of Law in their sessions, for Judges at all times, and ensuring the safe transport and custody of detained persons;</li>
<li>ensuring security for the County Council while in session;</li>
<li>providing security for the County Executive; </li>
<li>operating and administering County detention facilities, if any, as provided by law; and</li>
<li>other duties as provided by law.</li>
</ol>

**81 - Powers**
The powers of the Sheriff, and all peace officers appointed by him and to other departments and organizations under the law shall be–
<ol type="a">
<li>respond to incidents and calls for service in order to protect the County’s people;</li>
<li>to detect and investigate criminal conduct;</li>
<li>to make arrests for those purposes;</li>
<li>to request warrants for the search or arrest of persons or property for those purposes;</li>
<li>to carry such equipment as may be required for the conduct of their duties;</li>
<li>to execute such writs and warrants the court may from time-to-time order;</li>
<li>to facilitate such peaceful protests upon the proper permittance as defined by law, and to prevent crime and violence at such protests; and</li>
<li>to take other such actions as may be required or permitted by law in pursuance to their functions.</li>
</ol>

**82 - Sheriff’s Office**
The Sheriff may appoint deputies, undersheriffs, and other personnel as necessary for the efficient operation of the Sheriff’s Office. Such personnel shall serve at the pleasure of the Sheriff unless otherwise provided by law.

> **83 - Limitations and Oversight**
The Sheriff shall act in accordance with this Charter and shall be subject to the lawful authority of the Courts of Law. The Sheriff shall cooperate with the District Attorney in the investigation and prosecution of criminal offenses, but shall remain an independent officer. The Sheriff shall provide all necessary aid as required by the District Attorney under their powers to investigate criminal offenses committed by peace officers.

**84 - Removal**
The Sheriff may be removed from office only by recall or other process as provided elsewhere in this Charter.

## ARTICLE VII - MUNICIPALITIES

**85 - Establishment**
Municipalities and governments for those municipalities may be established together or separately by the Council.

**86 - By Charter**
A municipal government shall be by incorporation and shall be made by a special charter passed into law which outlines the structure of that government.

> **87 - Council**
The charter of a municipal government must provide for an elected legislative body of five, seven, or nine members.

> **88 - Executive**
The charter of a municipal government must provide for a single executive who is elected by the people.

> **89 - Combination Prohibited**
The executive member may not be a member of the elected municipal legislature.

> **90 - Term Length**
The charter must provide for the length of the terms of its elected executive and legislative officers.

> **91 - Courts of Justice**
Neither the charter or any law made pursuit to it shall provide for the establishment of any Court of Justice. The laws of the municipalities shall be subject to review by the Courts of the County.

**92 - Municipal Departments**
In the absence of a municipal government, the County government may provide for departments and services which operate or belong to certain established municipalities but which fall under the control of the County government. When a municipal government for that municipality is established, those departments and services are placed under the authority of the municipal government. When they are dissolved, those departments and services are transferred to the County and the County Executive and the Council shall perform the duties of the Mayor and the municipal legislature, respectively.

**93 - Dissolution**
The Council may, by a supermajority vote, dissolve any municipal government or municipality. When a municipality is dissolved, their government is also dissolved if one exists.

## ARTICLE VIII - OATHS OF OFFICE

**94 - Oath Required**
Every officer of the County or of any municipality established pursuant to this Charter who is elected, or who is a judicial officer, or who is the head of any department or agency or their deputy shall, before entering upon the duties of office, take and subscribe an oath or affirmation as prescribed in this Article. No person shall exercise the powers of an office until such oath or affirmation has been taken and duly recorded.

**95 - Form of Oath**
The oath or affirmation shall be in the following form, or to the same effect:

> “I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States, the Constitution of the State of Chesapeake, and the Charter of Harrison County; that I will faithfully discharge the duties of the office upon which I am about to enter; and that I will do so to the best of my ability, so help me God.”

The phrase “so help me God” may be omitted by those who choose to affirm rather than swear.

**96 - Administration**
The oath or affirmation shall be administered by a Judge of the Courts of Justice. The Chief Judge may authorize other officers of the County to administer oaths.

> **97 - Record of Oath**
A written or electronic record of each oath or affirmation shall be maintained by the Registrar, and all Judges shall file a record of the oaths they administer within twenty four hours of their administration. Failure to properly record an oath shall not invalidate the oath if it was otherwise lawfully administered.

**98 - Continuing Obligation**
The oath or affirmation required by this Article shall be a continuing obligation throughout the term of office. Violation of the oath may constitute grounds for removal, discipline, or other penalties as provided by this Charter or by law.

**99 - Additional Officers Covered**
No person shall be certified, nor shall they act, as a Peace Officer without first taking the oath identified for peace officers in this article. Peace officers who do not hold another position do not need to take the basic oath of office. The Council may by law require additional officers or employees to take a modified oath consistent with this Charter.

**100 - Office Specific Affirmations**
The following affirmations are made in addition to the above oath:

> **Sheriff**
> “I further swear (or affirm) that I will uphold the laws of this County with impartiality, protect the rights of all persons, and faithfully execute the duties of law enforcement entrusted to me, so help me God.”

> **District Attorney**
> “I further swear (or affirm) that I will seek justice, uphold due process, and exercise prosecutorial discretion fairly and without malice, so help me God. ”

> **Councilor**
> “I further swear (or affirm) that I will legislate in the public interest and uphold the principles of representative government, so help me God.”

> **Judicial Officers**
“I further swear (or affirm) that I will administer justice fairly and according to the law, and do equal right to all persons, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a judicial officer under the law, so help me God.”

> **Peace Officers**
> “I (further) solemnly swear (or affirm) that I will not knowingly permit, conceal, or excuse unlawful conduct by any peace officer, and that I will promptly report any criminal act or serious violation of law committed by a peace officer to the Office of the District Attorney, regardless of rank, position, or personal association, so help me God."

The phrase “so help me God” may be omitted by those who choose to affirm rather than swear.

The Council may provide for other offices to take specific oaths in addition to the generic oath required of all officers.

## ARTICLE IX - ADMINISTRATION

**101 - Administration**
The Administration consists of those persons designated as Administrators of the County’s community, platforms, and environments, as recognized by the Owner of the community.

> **102 - Supremacy**
Administrators retain ultimate and final authority over the operation, moderation, and continuity of the County and its associated platforms. Nothing in this Charter nor any law made pursuant to it, shall be construed to limit, override, or invalidate the actions of an Administrator acting within their administrative capacity.

> **103 - Purpose**
The purpose of the Administration is to:
> <ol type="a">
> <li>ensure the continued operation and stability of the community;</li>
> <li>enforce platform rules and community standards;</li>
> <li>protect players from abuse, exploitation, or disruption; and</li>
> <li>support fair, immersive, and enjoyable participation in County governance and roleplay.</li>
> </ol>

**104 - Relationship to the Charter**
Administrators are not bound by this Charter as a matter of enforceable law; however, it is the policy and expectation of the County that Administrators respect the principles, structures, and offices established herein where doing so does not conflict with their administrative duties.

**105 - Standards of Conduct**
In exercising their authority, Administrators should, where practicable and consistent with their responsibilities:
<ol type="a">
<li>act impartially and without favoritism;</li>
<li>avoid interfering in County governance or roleplay except where necessary or otherwise outlined in the Charter;</li>
<li>provide clear reasons for administrative actions when reasonably possible;</li>
<li>use the least disruptive means sufficient to resolve an issue; and</li>
<li>distinguish clearly between in-character actions and administrative intervention.</li>
</ol>

Failure to adhere to these standards shall not invalidate an administrative action.

> **106 - Intervention**
Administrators may intervene in any matter, including those otherwise governed by this Charter, when necessary to:
> <ol type="a">
> <li>enforce platform rules or community standards;</li>
> <li>prevent abuse, harassment, or exploitation;</li>
> <li>address technical issues or disruptions; or</li>
> <li>preserve the integrity of the community.</li>
> </ol>

Such intervention may include the suspension, modification, or nullification of in-character actions, laws, or outcomes.

> **107 - Non-Reviewability**
Administrative actions shall not be subject to review, reversal, or appeal by any court, officer, or body established under this Charter. Nothing in this section shall prevent Administrators from voluntarily reviewing or reconsidering their own actions.

> **108 - Transparency and Communication**
It is the expectation of the County that Administrators maintain open channels of communication with the community and, where appropriate, explain significant administrative decisions affecting County governance or roleplay. This section establishes guidance only and creates no right or entitlement.

**109 - Delegation**
Administrators may delegate administrative authority to moderators or other staff under such conditions as they deem appropriate. Delegated authority remains subject to revocation at any time.

**110 - Construction**
This Article shall be construed broadly in favor of administrative authority. In the event of any conflict between this Article and any other provision of this Charter, this Article shall control.

## ARTICLE X - ELECTIONS; RECALLS; ELECTORAL COMMISSION

**111 - Elections**
All elective offices established by this Charter shall be filled by popular vote of the People in accordance with this Article and such schedules, procedures, and qualifications as may be prescribed by law or by the Electoral Commission.

> **112 - Right to Vote**
The right to vote in County elections shall be extended to such persons who are residents of the County.

**113 - Regular Elections**
Regular Elections shall be held at intervals prescribed by this Charter or by law. The timing, duration, and format of elections shall be determined by the Electoral Commission.

> **114 - Term Length and Term Limits**
Term lengths and term limits for elected positions shall be defined as follows:
> <ol type="a">
> <li>Councilors: two months with a limit of twelve total months of service;</li>
> <li>County Executive: four months with a limit of two terms of service;</li>
> <li>District Attorney: four months with no term limit, provided that no person shall serve more than two consecutive terms. Eligibility for election shall resume only after a minimum lapse of one full term following two consecutive terms of service; and</li>
> <li>Sheriff: six months with no term limit, provided that no person shall serve more than two consecutive terms. Eligibility for election shall resume only after a minimum lapse of one full term following two consecutive terms of service.</li>
> </ol>

> **115 - Schedule of Elections**
The second to last Sunday of the month is “Election Day” where the Electoral Commission shall hold all relevant regular elections, special elections, recalls, and referendums. The terms of each elected office begin on the First day of the month following the month in which they were elected.

**116 - Special Elections**
Special Elections may be called to fill vacancies or to address other matters requiring a vote of the People. Special elections shall be conducted under the same authority and procedures as regular elections unless otherwise specified by the Electoral Commission.

**117 - Recalls**
Any person elected to their Office in the County, or who is appointed to their office with the advice and consent of the Council, may be subject to recall by the People. A recall election shall be initiated upon:
<ol type="a">
<li>a petition meeting the threshold established by this Charter; or</li>
<li>referral by the Council where permitted by this Charter.</li>
</ol>

The Electoral Commission shall determine the validity of any recall petition and the procedures governing the recall referendum.

> **118 - Validity of Recalls**
A recall petition is considered valid if:
> <ol type="a">
> <li>the officer has served at least fourteen days, and is not in the final fourteen days of their term;</li>
> <li>the petition includes a written statement of grounds for the recall;</li>
> <li>the petition has met a valid signature threshold of 30% of voters who voted in the last election for that office. These signatures must be received within a seven day window; and</li>
> <li>the petition sponsors must be listed on the petition, and the sponsors must affirm the signatures were collected lawfully under the penalties of perjury.</li>
> </ol>

> **119 - Validity of Signatures**
A signature on a recall petition is valid if the signer is an eligible voter, the signature is dated, and is collected within the eligible window. The Electoral Commission may set forth other rules for the validity of signatures on recall petitions.

**120 - Electoral Commission**
There is hereby established an Electoral Commission charged with the administration, supervision, and certification of all elections, recalls, and referendums conducted under this Charter. The Electoral Commission resides outside the legislative, executive, and judicial branches and operates under administrative authority.

> **121 - Composition**
The Electoral Commission shall be composed of three Administrators. Each Administrator serving on the Commission may appoint up to three Assistants to aid in the performance of electoral duties. Assistants serve at the pleasure of the Administrator who appointed them and exercise only such authority as is delegated to them.

> **122 - Authority**
The Electoral Commission shall have full authority over:
> <ol type="a">
> <li>the scheduling, conduct, and supervision of elections, recalls, and referendums;</li>
> <li>voter eligibility determinations;</li>
> <li>ballot design and distribution;</li>
> <li>vote collection, counting, and certification;</li>
> <li>resolution of electoral disputes; and</li>
> <li>the issuance of binding electoral rulings.</li>
> </ol>

> **123 - Finality**
All decisions, certifications, and rulings of the Electoral Commission shall be final and conclusive. No court, officer, or body established under this Charter shall have jurisdiction to review or overturn the actions of the Electoral Commission.

>**124 - Standards of Conduct**
In administering elections, the Electoral Commission should, where practicable:
> <ol type="a">
> <li>act impartially and transparently;</li>
> <li>ensure reasonable notice of elections;</li>
> <li>safeguard the integrity of the vote; and</li>
> <li>provide explanations for significant determinations.</li>
> </ol>
>
> Failure to adhere to these standards shall not invalidate an election or ruling.

> **125 - Disqualification and Remedies**
The Electoral Commission may disqualify candidates, invalidate votes, or take such other corrective actions as it deems necessary to preserve the fairness or legitimacy of an election. Appeals for such decisions may only be taken up by the Electoral Commission.

> **126 - Interaction with Administration**
The authority of the Electoral Commission derives from administrative power. Administrators not serving on the Commission may intervene in electoral matters where necessary to enforce platform rules or ensure community stability.

> **127 - Waiver of Immunity**
Matters pertaining to elections and the Electoral Commission may be filed for review in the Courts of Justice but shall not proceed unless a written waiver of immunity is filed with the Registrar by the Electoral Commission. When a waiver is filed, the decisions of the Court in that matter are binding within the scope of the waiver.

**128 - Construction**
This Article shall be construed broadly in favor of the Electoral Commission and administrative authority. In the event of conflict with any other provisions of this Charter, this Article shall control.

## ARTICLE XI - GENERAL PROVISIONS

**129 - Charter Amendment**
This Charter may be amended through a resolution approved by two thirds of the Council and ratified by the People in a referendum with a favourable result. Every amendment shall first be delivered to the Circuit Court for their opinion consistent with this Charter.

**130 - Severability**
This Charter is severable with respect to challenges to its provisions on the grounds of a conflict with the State or federal Constitutions. The invalidity of one clause, section, article, or other portion does not affect the validity of any other.

**131 - Offense**
It is an offense punishable by up to fifteen days incarceration and a fine of up to $10,000 to willingly and knowingly violate any section of this Charter.

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**SIGNATORIES**


notsfeelings
Charter Architect

TradeEffect
Charter Contributor

v1oletelo1v
Charter Contributor

youaresocoollikeme
Charter Contributor

Piggy142
Charter Contributor

Derogatoryyy
Charter Contributor

FrancisHUnderwood
Charter Contributor

clownhonks
County Executive