# Lander City Charter ## Title I. Preamble > After much time without the stability of municipal government, we the people of the City of Lander hereby enact this Charter of local governance. ## Title II. Establishment **Chapter i.** The People of Lander, by adoption of this Charter, create and provide for their control of the Municipal Government of the City of Lander. **Chapter ii.** The City has the comprehensive home rule power conferred upon it by Central Authority, subject only to limitations placed on it thereof or of statutes enacted by the City. The City shall be allocated all powers in which a Municipal area may possess under the Mandates of the Central Authority and statutes enacted by the City. **Chapter iii.** The boundaries of the City exist within the designated signs placed on every major highway entering Lander. ## Title III. General Provisions **Chapter i.** All candidates for municipal office shall hold residency within the City for no less than two weeks. No candidate shall have committed any felony nor have been disbarred from holding public office. Any elected officer who has resigned from office during their term shall be immediately disqualified for the next two election cycles, but thereafter may run for office. **Chapter ii.** The term of every elective office shall be outlined as four months and shall commence and end on a Monday. Before assuming office, each elected officer shall take and swear the following oath before any Judicial Officer of the City: “I do solemnly swear (or affirm) that I will support the Charter of the City of Lander; and that I will faithfully discharge the duties of the office to the best of my ability, so help me God.” **Chapter iii.** The Mayor, Police Commissioner, any member of the Municipal Council, City Attorney, and any other elected officials may be recalled from office by any citizen residing within the Municipality. The Grounds for Recall are: Lack of Fitness; Incompetence; Neglect of Duties; and, Corruption. The Petition to Recall must be sponsored by any sitting member of the Municipal Council and must be certified by the Clerk of the Municipality. Once certified, the Clerk shall publish the ballot with the Lander Elections Committee for public referendum. Any Petition that is placed to vote through public referendum by the Lander Elections Committee must achieve a 2⁄3 majority to remove any official stated in Chapter iii. **Chapter iv.** The Mayor, Department Heads, Chief Judge, members of any Municipal Courts, City Attorney, any other elected officials, and Municipal Appeals Court shall be subject to impeachment. Impeachment shall originate in the Council and must be approved by a majority vote of its members. The motion for impeachment shall list fully the basis for the proceeding. Trial on impeachment shall be conducted by the Municipal Court of Appeals. The Chief Justice shall preside over the trial. A concurrence of three-fourths of the members of the Municipal Court of Appeals is required for a judgment of impeachment. If the impeachment is for a member of the Municipal Court of Appeals, the trial shall be conducted by the Municipal Court, with the Chief Judge presiding. The judgment may not extend beyond removal from office but shall not prevent proceedings in a Court for criminal penalties. **Chapter v.** Any standing ordinances enacted under the previous charter shall remain in effect and shall be empowered under this Charter. All ordinances passed by the Municipal Council shall be empowered through this Charter. **Chapter vi.** This Charter shall be dissolved with a 2⁄3 vote of the City Council or any other process stipulated designated by Central Authority. ## Title IV: City Administration **Chapter i.** The Mayor of the City of Lander shall be an elected position that shall serve as the Manager of the City, the Mayor may also be referred to as the Chief Executive Officer of the City of Lander. The Mayor reserves the right to issue an emergency declaration of a State of Emergency within the City of Lander. Such declaration must be through written executive order from the Mayor’s Office. During times of State of Emergency, the 87th National Guard Battalion shall temporarily assume control of the City Government and all its services to assist the Municipality in times of civil unrest, criminal organization, natural disasters, or any reason to believe that the People of the City are facing dangerous circumstances. All licenses and permits of the City of Lander shall be issued under the name and permission of the City Mayor. The Mayor shall have the power to veto any legislation introduced by the City Council. Such veto may be overruled with a 2⁄3 vote within the City Council, however. The City Mayor shall be the only executive municipal authority to appoint, suspend, or fire the highest ranking official of any City Department, including the Lander City Police Department. **Chapter ii.** The City Clerk shall be an nominated position, with the consent of the City Council, serving at the will of the Mayor, to ensure the upkeep of City Records, Ordinances, and any documents pertinent to the governance of the city. **Chapter iii.** The City Attorney shall be an elected position, serving at the will of the People, to represent the City and its subsidiaries in a Court of Law and all legal proceedings. The City Attorney must serve as an active member of the Lander City Bar. The City Attorney may also appoint a co-counsel and paralegal to assist in the office. ## Title V: City Council **Chapter i.** The City Council shall consist of a membership of seven municipal officials, six of which shall serve as elected officials serving at the will of the People whilst the seventh seat shall remain occupied by the serving Lander Police Commissioner. Each member shall be referred to and refer to themselves as councilors. The City Council shall serve as the sole legislative body within the Municipal government. The Deputy Mayor, who shall be elected by the City Council shall serve as the presiding officer of the City Council but may not vote on motion unless done to make a tie-breaking vote. The City Council shall choose its own officers and shall elect from among its members a Mayor Pro Tempore who shall preside over the Council if the Deputy Mayor is unable. **Chapter ii.** The City Council shall convene every week to remain as an operational municipality. Emergency meetings may be conducted by special written request by a Councilor of Lander or by 2⁄3 of the Council’s membership. **Chapter iii.** The City Council shall be responsible for establishing and publicising their own set of rules for the membership. The City Clerk shall be responsible for maintaining record and journal of each convention of the membership. No established legislation by the City Council shall contradict Central Authority, nor any mandate thereof. Any action by the City Council must be affirmed by at least a simple majority of the membership present. **Chapter iv.** The membership may only convene when three or more members are present, though a smaller membership may convene and compel the attendance of absent members. Any member that is not absent with good reason during a convention of the membership violates the integrity of this charter and shall be immediately detained and brought to the convention. **Chapter v.** The City Council may enact municipal investigative privilege into affairs of the City Government and the conduct of all its subsidiaries and employees. The City Council may subpoena witnesses, administer oaths, take testimony and require the production of evidence in any matter pending before it. Any subpoena from the council must be enforced by that of the Lander City Police Department. ## Title VI: City Judiciary **Chapter i.** The judicial power of Lander, shall be vested in one Municipal Court of Appeals and one Municipal Court. The Judges, both of the Court of Appeals and Inferior Courts, shall hold their Offices during good behavior. **Chapter ii.** The judicial power shall extend to all cases, in law and equity, arising under this charter, the ordinances of the City of Lander, and treaties made, or which shall be made, under the authority;—to all cases affecting ambassadors, other public Ministers and Consuls;—to all cases of admiralty and maritime jurisdiction;—to controversies to which the City of Lander shall be a party;—to controversies to which the City of Lander shall be a party;—between citizens of the same municipality claiming lands under grants of different municipalities, and between a municipality, or the citizens thereof, and foreign municipalities, citizens or subjects. In all cases affecting ambassadors, other public Ministers and Consuls, and those in which the city shall be a party, the Municipal Court of Appeals shall have original jurisdiction and shall be protectors of this charter. In all the other cases before mentioned, the Municipal Court of Appeals shall have final appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the City Council shall make. The Municipal Court of Appeals shall have appellate jurisdiction in all cases of appeal on civil and criminal matters, and expungements. The Municipal Courts shall have original jurisdiction in all civil matters and all suits involving criminal charges. **Chapter iii.** The Municipal Court of Appeals shall have two justices and a Chief Justice and the Municipal Courts shall have a maximum four judges and a Chief Judge who is designated by the Chief Justice of the Municipal Court of Appeals. An appeal may be taken to the Municipal Court of Appeals as of right in an action, originating in the Municipal Court: From an interlocutory or final order or judgment deciding a constitution question; From a final judgment exceeding $20,000 in monetary damage; From a final judgment of a sentence exceeding 90 minutes in prison; From an interlocutory or final order directing a government official perform a duty; From a final judgment deciding a question of false arrest; or From an order refusing to recuse from an action. The Municipal Court of Appeals shall have, with a majority vote, the right to discipline any Judge in the Municipal Court of Appeals and its inferiors as it sees fit, by suspension from the bench for an indefinite number of days, until the Judge is Impeached. But Judges shall only be disciplined with a three-fourths vote. The Municipal Court of Appeals shall issue its opinion upon important questions when required by the Mayor, City Attorney, or the City Council by Resolution; and all such opinions shall be published by the Court in connection with the reported decision. **Chapter iv.** The Municipal Court of Appeals and the Municipal Courts of the City shall have the ability to issue all Warrants and Writs and those who are served with one shall be obligated to follow them. Those barred by the Municipal Court of Appeals shall have the exceptional ability to appeal writs before the collective Judges, provided quorum is met. Judicial nullification shall be recognized by the City, and exercised in all Courts with proper jurisdiction. The Mayor shall nominate, with consent of the City Council, the Chief Judge, all Judges of the Municipal Court of Appeals, and the Judges of the Municipal Court. The Mayor may establish a commission to review nominations at his discretion. **Chapter v.** The City Bar of Lander shall be designed as a judicial organization. Every person admitted and licensed to practice law in this City is and shall be a member of the City Bar. The Director of the City Bar shall be in charge of the just suspension and acquisition of licensing, creation of policies, processes of examination, acceptance, employments, and other grants by the Legislature. The Chief Judge shall have the power to delegate the Director of the City Bar, with a confirmation vote by the Municipal Court of Appeals. The Municipal Court of Appeals shall be able to expel attorneys with a majority vote in the event the Director of the City Bar is incapacitated or fails to complete duties. The Municipal Court of Appeals, with majority vote, may depose or suspend the Director of the City Bar indefinitely. ## Title VII: City Department **Chapter i.** The City Police Commissioner shall be nominated by the Mayor, with the consent of the Council and shall oversee the day-to-day operations of the City’s Police Department - that being the Lander Police. The Lander City Police Department shall be responsible for enforcing local ordinance and any mandates enacted by Central Authority. The Police Commissioner may employ as many Officers within the department as the City Budget allows. **Chapter ii.** The City National Guard Colonel shall be nominated by the Mayor, with the consent of the Council and shall oversee the day-to-day operations of the City’s National Guard Battalion - that being the National Guard. The 87th National Guard Battalion shall be responsible for temporarily assume control of the City Government and all its services to assist the Municipality in times of civil unrest, criminal organization, natural disasters, or any reason to believe that the People of the City are facing dangerous circumstances.The Police Commissioner may employ as many Officers within the department as the City Budget allows. **Chapter iii.** Fire services for the City shall be contracted from the City Fire Department. No other department may be established by the municipality to provide such service. Transport services for the City shall be contracted from the City Transit Authority. No other department may be established by the municipality to provide such service. Corrections services for the City shall be contracted from the City Corrections Department. No other department may be established by the municipality to provide such service. Parks services for the City shall be contracted from the City Parks & Wildlife Department. No other department may be established by the municipality to provide such service. Port services for the City shall be contracted from the City Waterfront Commission. No other department may be established by the municipality to provide such service.