# Jackson County Charter

> **PREAMBLE** We, the Residents of Jackson County, to ensure the foundations of a civil society, commit outselves to this County Charter as a beacon of hope for the liberty, security, and future succsessors of our people

## **ARTICLE I Declaration of Rights**

> Section I. All power is vested in, and consequently derived from, the people; therefore, their magistrates are their servants and amenable to them.

> Section II. All persons have certain inalienable rights of which cannot be deprived; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and the pursuit of happiness and safety; and all persons shall enjoy the freedoms of speech, press, religion, petition, and assembly.

> Section III. All persons are by nature equally free, and are therefore equally entitled to the protection of the law.

> Section IV. Any penalty which is cruel, unusual, or excessive in nature is grievous and ought not to be imposed.

> Section V. Searches and seizures which are unreasonable, and warrants whereby an agent may be commanded to conduct a search or arrest, except upon probable cause, are grievous and oppressive, and ought not to be made; and no person shall be unreasonably deprived of their property where it may be necessary for public use without just compensation, and no agent of government shall be quartered in any private property or dwelling without the consent of the owner.

> Section VI. No person shall be tried for the same offense twice; nor shall any person be compelled to testify or be a witness against himself; nor shall any person be deprived of life, liberty, or property without due process of law; and in all criminal matters, the accused shall enjoy the right to know the cause and nature of the allegations made against him, to be confronted with his accusers, and to have a public and speedy trial.

> Section VII. Being injurious to the rights of the people, bills of attainder and ex post facto laws ought not to be made; and being necessary to the rights of the people, the writ of habeas corpus ought not to be suspended, except in cases of invasion.

> Section VIII The rights enumerated in this declaration of rights shall not be construed to limit other rights of the people not therein expressed.

## **ARTICLE II The Legislative**
> Section I The legislative power of the county shall be vested in a County Board, composed of nine assemblypersons chosen by the qualified electors of the county for three months; and the Assembly shall be divided into two classes, the second consisting of five senators to be elected one 1/2 months following the first. Any person who shall have served two terms as a councilman shall be ineligible to be elected to the office again.

> Section II No law shall be enacted except by bill, which shall have been agreed upon by a majority of the Assembly assembled, and which shall be enacted by the following clause: “Be it enacted by the County Board of the County of Jackson”.

> Section III The County Executive shall preside over the County Board as Speaker, the County Board shall choose its own officers, and determine its own rules. The County Board shall be empowered to direct writs of election for filling vacancies within it; and the County Board may punish its own members for disorderly behavior, and, upon the agreement of three-fourths of its elected membership, expel a member.

> Section V A majority of members elected to the County Board shall constitute a quorum, but a smaller number may adjourn from day to day to compel the attendance of members in such a manner and under such penalty that the Assembly may prescribe.

> Section VI The County Board shall keep a journal of its proceedings, which shall be published from time to time. On the final vote of any bill, appointment, impeachment, or conviction, the name of each member voting and how he voted shall be recorded in the journal. The Clerk shall record & keep journals & proceedings.

> Section VII The County Executive, the District Attorney, judges, and all officers of the county elected by the people or appointed with the consent of the County Board, who have offended the county by malfeasance, corruption, dereliction of duty, incompetence, or conviction of a crime, shall be subject to impeachment and conviction by the County Board; but no person shall be convicted except upon the agreement of three-fourths of the Assembly’s elected membership. Judgment in case of conviction shall not extend further than removal from office and disqualification to enjoy any elected and public office; but the person convicted shall nonetheless be subject to indictment, trial, and judgment according to the law.

## **ARTICLE III The Executive**
> Section I The executive power of the county shall be vested in a County Executive, who shall be elected by the qualified electors of the county every six months; and a person who shall have served one term as County Executive shall be ineligible to be elected to the office again.

> Section II Each bill which passes the County Board shall be sent to the County Executive; and if he approves, he shall sign it and it shall become law. If he objects, he shall return it to the County Board for reconsideration by three-fourths of the County Board’s elected membership. If the County Executive shall not sign nor return a bill within seven days of it being presented to him, it shall be made law.

> Section IV Should the County Executive resign, become unable to execute his duties, or be removed from office, the County Executive shall be succeeded, in the following order, by District Attorney, then the Sheriff of the Sheriff's Department, then the Secretary of Local Affairs & Trade, and then as the County Board may determine.

> Section V The County Executive shall organize a Cabinet, consisting of the heads of each principal department, which shall advise him on the execution of his duties; and each member of the Cabinet, unless otherwise prescribed by this Charter, shall be appointed by the County Executive with the advise and consent of the County Board, and shall serve at his pleasure.

> Action VI. There shall be a Secretary of Local Affairs & Trade who shall oversee a Department of Local Affairs & Trade and be responsible for maintaining the records of the county, controlling commerce and performing various other functions to which the County Board has designated him.

> Section VII There shall be an District Attorney, elected by the qualified electors of the county every three months, who shall be the chief public safety and law enforcement officer of the county, oversee a Department of Justice, and see that the laws of the county are faithfully enforced. The District Attorney shall hold one spot on the Appellate Court.

> Section VIII In each judicial district there shall be a District Attorney, elected every three months by the qualified electors of the county, who shall be the chief prosecutor in all trial courts of his district. If a District Attorney shall resign or be removed from office, the County Executive shall appoint a qualified elector of the county for the remainder of the office’s unexpired term with the advice and consent of the County Board, and a person who shall have served two terms as District Attorney shall be ineligible to be elected to the office again.

## **ARTICLE IV The Judicial**

> Section I The judicial power of the county shall be vested in the Appellate Court and in other courts that the County Board may from time to time establish. The judicial power shall extend to all controversies between two or more parties, to all controversies arising from this charter, the Constitution of the United States, to all controversies to which the county shall be a party, and to all warrants of arrest, search, and seizure.

> Section II. The Appellate Court shall seat no less than six Judges and no more than seven, one of whom shall be the Chief Judge. The Appellate Court shall have final appellate jurisdiction on all matters, and original jurisdiction in cases of prohibition.

> Section III. The Chief Justice of the Appellate Court shall be the administrative head of the judicial system. He may, for a period not exceeding thirty days, temporarily recall retired Judges and assign them to any court except the Appellate Court. The Assembly may adopt additional measures which are necessary for the improvement of the administration of justice.

> Section IV. The Appellate Court may temporarily suspend, for a period exceeding no more than sixty days, any Judge of any court.

> Section V. The Judges, of both the Appellate and Trial courts, shall be appointed by the County Executive with the advice and consent of the Assembly; and the Judges of the Supreme and trial courts shall hold their offices indefinitely during good behavior. The District Attorney term of office in the Appellate Court shall be found in Article III Section VII & VIII.

## **ARTICLE IV Local Governments**
> Section I The county shall be divided into a number of municipalities. The County Board shall provide for the establishment, organization, consolidation, incorporation, and dissolution of counties, cities, towns, and regional governments.

> Section II The County Board may provide for a charter for any city, town, or regional government which shall guarantee such political subdivision self-governance, with the power to establish its own ordinances not inconsistent with the laws of the county.

> Section III The qualified electors of the county shall choose a Sheriff for six months, who shall be responsible for keeping the peace and enforcing the laws in the jurisdiction of the county, and a person who shall have served two terms as Sheriff shall be ineligible to be elected to the office again.

> Section IV The County Executive shall assume the executive powers of any city, town, or regional government which has been dissolved or declared defunct, and the County Board shall assume the powers of the assembly thereof.

## **ARTICLE V Elections**
> Section I. The Committe for Elections shall be ceremonially part of the Department of Local Affairs & Trade, the County Administration shall hold the elections of each seat of office.

> Section II. In all public elections, any person who is a resident of the county, and who is not presently imprisoned, shall be a qualified elector.

> Section II. Each qualified elector shall be entitled to one vote. Secrecy in casting ballots shall be maintained.

> Section III. No person who has not been a resident of the county for four weeks, or who has been convicted of a felonious crime, shall be qualified to hold an office elected by the people.

> Section IV. The County Board may impose reasonable qualifications to hold an elected office that are not inconsistent with this Charter. The County Board shall be vested with the power to correct and provide penalties for illegal, fraudulent, or falsified votes.

> Section V. No voter, during the time of holding any election at which he is entitled to vote, shall be compelled to perform military service, except in time of invasion, nor attend any court as a juror, witness, or civil defendant.

## **ARTICLE VI General Provisions**
> Section I. This Charter shall only be amended upon the agreement of three-fourths of the County Board’s elected membership and a referendum of the People.

> Section II. This Charter shall take effect immediately and shall never expire.