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title: Broadview Co. Charter

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title: Broadview Co. Charter
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# ![Broadview Co Logo](https://media.discordapp.net/attachments/785938013162045450/936389185051439154/county_seal-512px.png "Training Institute" =50x50) Broadview County Charter
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As amended on January 31, 2023.
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## Chapter I - Declaration of Human Rights.

### Section 101. Freedom of Thought
No person shall be deprived by the Government, or any agent acting on behalf of the Government, of their ability to speech, communication, or the written word, except in cases where it jeopardizes the security or public order of the county. No publisher, public or private, or similar organization shall be restricted in their abilities of publication or press, except in cases where it jeopardizes the security or public order of the county. Each person shall possess the ability to respect their own opinion, religion, or other forms of personal belief.

### Section 102. Freedom of Security
For the purposes of security, the right of the People to keep, maintain, and bear arms shall not be infringed. In cases of maintaining the public order, the Government may regulate the public and open showing of arms in manners that shall not be considered detrimental to the ownership of arms. The Government may also fairly regulate and license the ownership of arms in a manner that is not detrimental to the ownership of arms.

### Section 103. Freedom to Property
Except in cases of imminent invasion, rebellion, or declared emergency, the Government shall not seize or quarter the personal dwellings, firearms, or other personal properties without the consent of the property owner. The manner of emergency seizure shall be created and regulated by general law.

### Section 104. Freedom against Unreasonable Search
The security and sanctity of a person’s dwelling, papers, and other effects shall be maintained and kept; no competent court shall accept any such evidence obtained in a manner considered violative of such security. The Government shall not conduct any search or seizure of the personal belongings of any person unless upon the order from a competent court of appropriate jurisdiction or upon the probable cause of any crime.

### Section 105. Protections of Trial
No person shall be required, for any reason, to enter testimony, confession, or evidence against themselves — especially in circumstances of threat, duress, or where the defendant is not acknowledged of their rights — nor shall any competent court accept any such testimony in consideration of their duties. Each person, when faced with any charges levied against themselves, shall enjoy the due process of the law and trial. No person shall be subject to double jeopardy under the same set of facts.

### Section 106. Criminal Procedure
Each person, when faced with any criminal charges levied against themselves, shall enjoy the right to a speedy and fair trial between the accuser and defendant. The defendant in such a trial shall know the acts asserted by the Government, the date such acts occurred, as well as the specific statutory offense(s) that may have been violated by the commission of such asserted acts. Such a trial shall have a process to compel witnesses in their favor or to provide assistance of counsel to defendants who are impoverished. 

The right to trial by jury may be enacted by general law with a method of calling jurors in a manner considered appropriate for trial. No person shall be deprived of the equal protection of the law — especially under conditions of race, creed, nationality, or social status.

### Section 107. Liberties to Government
Each person has the right to have their voice in Government and to use the services provided by such Government. No person shall be deprived of the freedom to exercise their vote in their Government.

No person shall be prohibited or barred from filing cases, petitions, or other documents of similar nature with the courts unless contradictory or prohibited by the law. The courts may, in cases of constant frivolous, arbitrary, or unnecessary filing, require a person to have their future filings submitted by a certified litigator of the county to prevent any future cases that may annoy the courts alongside the imposition of further penalties as prescribed by general law.

### Section 108. Equal Treatment
All human beings are born free with inalienable rights endowed by the almighty God. They are entitled to all rights and privileges set forth without any distinction to race, color, sex, language, religion, sexuality, gender, or other discriminatory factor; and that the Government ought to act blind to these factors by treating all equally and with right recognition everywhere as a person before the law.

### Section 109. Unnamed Rights
There may be rights that are not enumerated within this Charter that may be protected by common practice and common or general law.

## Chapter II - The County Commission
### Section 201. Composition
There shall be a County Commission that shall be composed of five commissioners who shall be elected by the qualified electors of the county. Each convention of the County Commission shall last for four calendar months. Each member, in order to qualify for candidacy in their election, must be a resident of the county for a period of thirty days preceding their declaration nor shall they have held a seat for three consecutive terms to run in an election.

No person shall serve but may declare candidacy in the election, as a sitting member of the County Commission if they are holding any other civil appointment or office, as well as if they are declared unfit by general law. Any member of the County Commission that sits in violation of this provision shall be suspended from acting as a member of the commission until they return to acting in compliance with this provision.

When a vacancy exists within the County Commission, whether by resignation or removal, the County Executive may elect to fill the vacancy by appointment until a special election can be called for the qualified electors to fill the vacancy permanently, with such a procedure being defined in general law.

### Section 202. Officers
The County Commission shall elect a chairman from its membership that shall preside over the meetings of the commission. They shall remain a voting member and shall lead the membership in its procedures. The commission shall also have the power to elect a vice-chairman from its membership that shall act in place of the chairman in times where the chairman cannot.

### Section 203. Procedure
The County Commission shall only meet with a majority of the membership present to transact any business. A smaller number may meet to compel, through the manners of arrest, the presence of unexcused, absent members. Excuses of membership shall be conducted in a manner prescribed by the rules of procedure of the County Commission.

At the beginning of each convention of the commission, the membership shall first convene to author and enact its rules of procedure. No business may continue or begin until such rules have been adopted by at least a majority of the membership.

### Section 204. Contempt
The County Commission may adopt rules of holding a person in contempt. No punishment for such contempt shall extend beyond imprisonment nor shall it extend to a member who is actively sitting in the formal session.

### Section 205. Privileges of Immunity
Members of the County Commission shall be immune from arrest while sitting in a formal session or traveling towards a planned session; nor shall any member be compelled attendance by any court at the same time of sitting in a formal session or traveling towards a planned session. This protection shall not extend to breaches of the peace, order, crimes in which there is a victim or felonies. The enjoyment of this privilege shall be administered by general law.

### Section 206. Enactment of Law
No ordinance shall pass unless upon an affirmative vote of at least a majority of the membership when considering the bill. Each vote shall be recorded in the journal of record which shall be maintained by the County Clerk. The County Commission may adopt a process of disputing the journal of record in its rules of procedure.

Once the ordinance has been passed by the commission, it shall be sent for consideration to the County Executive. If the County Executive signs the act or fails to consider the bill within seventy-two hours of its passage from the commission, it shall become adopted into law. If they refuse to sign the act, it shall be vetoed; the commission may, with a unanimous vote, override a veto from the County Executive.

### Section 207. Powers Enumerated; Denied
The County Commission shall have the power to make law for the purposes of instituting crimes and punishments for violations considered detrimental to the public order, providing and maintaining for the executive departments, as well as facilitating the powers of this Charter.

No ex post facto law, bill of attainder, law granting a title of nobility, or law granting special privilege from the penalties of punishment shall be passed by the commission. No legislation shall be passed if it utilizes or is construed in a manner to exercise the powers delegated to the Executive or the Judiciary.

## Chapter II - The Executive

### Section 301. County Executive
There shall be a County Executive, who shall be publicly elected by the qualified electors of Broadview. They shall hold a term of office that shall last for four calendar months. No person shall be qualified for election if they have held the seat for two consecutive terms.

No person shall serve but may declare candidacy in the election, as a sitting County Executive if they are holding any other civil appointment or office, as well as if they are declared unfit by general law. Any person that sits in violation of this provision shall be suspended from acting as County Executive until they return to acting in compliance with this provision.

### Section 302. Duties of Executive
The County Executive shall lead the administrative services of the county as the chief executive. In such a position, the executive shall be tasked with the day-to-day operations and maintenance of the administrative departments and shall further exercise the powers associated with those duties and tasks.

When a vacancy exists in the County Executive, whether by resignation or removal, the County Commission shall elect a replacement until a special election can be called for the qualified electors to fill the vacancy permanently, with such a procedure being defined in general law.

### Section 303. County Sheriff
The County Sheriff shall be the elected law enforcement officer of the county and shall manage their deputies to enforce the laws of the county. They shall be elected every four calendar months by the qualified electors of the Broadview. The County Sheriff shall have the duty to enforce the law throughout the county, maintain the county jail, and to outline all procedures and doctrines used by law enforcement within the county.

No person shall be considered qualified to seek the office of County Sheriff without having previously served as a Law Enforcement Officer in the County.

No person shall serve but may declare candidacy in the election, as the County Sheriff if they are holding any other civil appointment or office, as well as if they are declared unfit by general law. No person may declare candidacy in the election if they have not served within the County Sheriff’s Office for less than thirty days.

If there exists a vacancy within the County Sheriff, whether by resignation or removal, the Undersheriff of the County Sheriff’s Office shall assume the office until a special election can be called for the qualified electors to fill the vacancy permanently, with such a procedure being defined in general law.

### Section 304. State Attorney
The State Attorney for the sixteenth judicial circuit of the State of Florida, whose powers are supplemented by the Constitution of the State of Florida, shall be appointed by the County Executive with consent and ratification of the County Commission by a ⅔ majority. They are tasked with representing the Government in matters against it as well as pressing criminal charges against those who have violated the law. No person shall serve as the State Attorney if they are holding any other civil appointment or office, if they are not a qualified litigator, as well as if they are declared unfit by general law.

### Section 305. Removal of Office
The County Commission shall have the power to investigate the affairs of the County and its Government regarding the conduct of its subsidiaries and employees. Such an investigation shall only extend to matters of abuse of resources, incompetence, negligence, or another form of malfeasance. They may subpoena witnesses, administer oaths, take testimony, and require the production of evidence in any matter pending before it.

At the end of their proceedings, the roll shall be called and each member of the County Commission shall stand and pronounce the accused as guilty or not guilty by a preponderance of the evidence. If two-thirds of the County Commission holds that the accused official is guilty, the official shall be removed from their respective office and a message be communicated to the County Executive of the judgment (or in cases where the County Executive be the accused, the message shall be addressed to the County Clerk). If there does not exist enough members to convict, the accused shall return to duties. In the course of an active investigation inquiry, they may vote to suspend the official with a simple majority vote. No such suspension shall extend for more than fourteen days.
## Chapter IV - The Courts

### Section 401. Judicial Power
The judiciary and its power shall be divested among its judges and magistrates, who shall be appointed by the County Executive, with consent and ratification from the County Commission. They shall serve their position in good behavior and may only be ejected from the bench by removal from the County Commission or retirement.

The judiciary shall be organized into its two courts — the Supreme Court of Florida and the County Court — with the former being the higher court. The power of rule making shall be held in a judicial conference, which shall be led by the Chief Justice of the Supreme Court, in which all members of all courts shall stand. These rules shall outline the procedure and form of actions of law but shall not expand, abridge, or deny any right or privilege granted by law.

### Section 402. Writs and Warrants
The courts, in line with the rules of law and general law, shall hold the power to issue any writs, warrants, and orders necessary to carry out their powers to furtherance of their jurisdictions. This power shall not extend to the exercises by a court before matters that are not before them.

No warrant of arrest, search, nor seizure shall be issued unless upon a sworn statement alleging a crime as well as the affirmation of evidence demonstrating probable cause that such a crime or possession of illicit contraband is true. No warrant to search or seizure shall be executed if it does not explicitly state the area to be searched as well as the items to be seized.

### Section 403. Cases and Controversies
No writ, warrant, ruling, or other forms of judicial power may be exercised unless as a result of or in regards to a filed case or controversy that stands before a competent court of appropriate jurisdiction. Each party, except for the Government where law shall state, in such a case or controversy, shall have standing or injury to demonstrate before the court to be considered a party in the case.

### Section 404. The Supreme Court of Florida
The Supreme Court shall be led by a Chief Justice and made up of four Associate Justices the Court shall have the power at any time when it deems necessary to exercise a review of the Executive or Commission, and through this exercise may overturn any law, executive order, or other action if it finds it to be unconstitutional or unlawful; the Supreme Court may issue all Writs necessary or appropriate in aid of its respective jurisdictions to carry out these reviews. This Court shall retain all jurisdictions and privileges afforded to it by the State Constitution, including attorney discipline and administration of the lower courts. The Supreme Court shall have appellate jurisdiction in all cases appealed from the lower court(s), and shall have the power to review the decisions of such courts.

When a member of the Supreme Court wishes, he may take upon the duties of a County Court Judge in addition to his on the Court and cease such at his convenience. The Supreme Court shall have the power to expel any Associate Justice or members of the lower courts provided two thirds of the Court vote in favor.

The Chief Justice of the Supreme Court shall be the Chief Administrative Officer of the judicial system; and shall have the power to assign consenting retired justices, or judges, to temporary duty in any court for which the judge is qualified and to delegate to a chief judge of a court the power to assign judges for duty in that court. The Chief Justice for the Supreme Court shall be the most senior Associate Justice thereof.

### Section 405. The County Court
The County Court shall be led by a Chief Judge and made up of two Judges. The court shall be known as the trial court for the county and shall hold original jurisdiction over all cases within the county in which no other court holds such jurisdiction.

The County Court shall have the power to make and enforce local rules of the County Court. Local rules shall be adopted by the County Court and shall have the same force and effect as rules adopted by the Supreme Court. Local rules shall be consistent with the county charter and state laws. These rules may be removed by the County Court itself, the County Commission, or the Supreme Court. Any person aggrieved by a local rule may appeal to the Supreme Court for relief.

### Section 406. Other Tribunals
The County Commission may constitute and ordain lower courts of specialized interest by general law. No such court shall be higher than the County Court but shall instead reside within the same level as that court.

Any court of specialized interest, when dissolved by the legislature, shall continue to hear its docket, but not be assigned any new cases to hear, until its docket has been cleared.

## Chapter V - The People
### Section 501. The Right to Election
The People of the County of Broadview shall have the right to vote in public elections. Individuals who are not registered as citizens within the county may not be able to vote. Inmates shall not have any voting rights throughout their incarceration period, that being within or without Broadview County. 

### Section 502. Incorporation of Florida
For the purposes of gameplay and constraints associated with the Roblox platform, the judiciary shall have the ability to strike down an enumerated right or privilege in the Florida Constitution only if it can be construed to be difficult or impossible to follow on this platform. The County Commission shall be empowered to, with ⅔ concurrence of the membership, overrule any precedent established by the judiciary nullifying an enumerated right.

### Section 503. The Recall
It shall be the right of the People to recall their elected officials from public office. A recall election shall be initiated after gathering a number of citizens equal to one-third of the turnout of the previous election held or thirty qualified electors, whichever is highest. The process for certifying recall shall be determined by general law.

### Section 504. The Referendum
It shall be the right of the People to propose and answer questions brought by a Referendum, be that as initiated by the Legislature of the People. A Referendum on a single question may be initiated for a public vote after gathering a number of citizens equal to one-third of the previous election held or fifteen citizens, whichever is highest. The process for certifying a referendum shall be determined by general law.

## Chapter VI - General Provisions

### Section 601. The Mode of Amendment
The County Commission may, through ⅔ majority, propose an amendment to this document or a new supreme governing document. The amendment shall be reviewed in judicial conference and may only be rejected on the basis that it is antithetical or offensive to the basic rule of law, human principle, or the values of liberty. The amendment shall then be subject to a public referendum where it must reach a simple majority of one-half of the referendum turnout, where it shall then be adopted as an amendment to this document.

### Section 602. Supremacy of Law
This Charter is the Supreme Law of the Land and no bill, order, or action may supersede or conflict with this document.

### Section 603. Municipalities
The County Commission shall be vested with the power to establish municipalities, communities, and territories within the County of Broadview and to incorporate municipalities within the County of Broadview. The Board of County Commissioners shall also be vested with the power to dissolve municipalities, communities, and territories; but no municipality, community, or territory shall be dissolved without the concurrence of ⅔ of the County Commission.

No municipality, community, or territory shall pass any law that is effective outside of their territorial jurisdiction. No municipality shall pass any law that conflicts with or violates the laws of the county.

### Section 604. Continuance of Government
This charter shall be enacted retroactively in a manner that begins the terms of office of those currently in office on their first day in office — not based on the first day after this Charter was ratified and enacted.