Los Santos County Charter
|Short Title||County Charter|
|Long Title||Los Santos County Charter|
|Enacted By||Los Santos County Government|
|Introduced||July 1st, 2019|
|Passed||July 13th, 2019|
- 1 § 101 – Home Rule Charter
- 2 § 102 – Corporate Body and Name
- 3 § 103 – Construction
- 4 § 104 – Elected Council and Commissioner
- 5 § 105 – County Council Structure
- 6 § 106 – Compensation
- 7 § 107 – Special Elections
- 8 § 108 – Impeachment
- 9 § 109 – Residence
- 10 § 110 – Absence
- 11 § 111 – Ordinance, Resolution, Administrative Regulation, and Ratification
- 12 § 112 – Permanently Available Positions
- 13 § 113 – Municipal Agencies
- 14 § 114 – Adoption of Charter
- 15 Amendments
§ 101 – Home Rule Charter
(a) Los Santos County shall be a home rule charter county, and, except as may be limited by this Home Rule Charter, shall have all powers of self-government granted now or hereafter by the Constitution and laws of the State of San Andreas.
§ 102 – Corporate Body and Name
(a) Los Santos County shall be a body corporate and politic. The corporate name shall be Los Santos County, San Andreas. The governing body shall be called the Los Santos County Government.
§ 103 – Construction
(a) The powers granted by this Charter shall be construed broadly in favor of the charter government. It is the intent of this article to grant to the charter government full power and authority to exercise all governmental powers necessary for the effective operation and conduct of the affairs of the charter government.
§ 104 – Elected Council and Commissioner
(a) Los Santos County shall operate under an elected County Council and County Commissioner. The legislative responsibilities and powers of the County shall be assigned to and vested in the County Council.
(b) The executive responsibilities and power of the County shall be assigned to and vested in the County Commissioner, who shall carry out the directives and policies of the County Council and enforce all orders, resolutions, ordinances, and regulations of the Council, the Charter, and all applicable general law to assure that they be faithfully executed.
(c) There shall be an election held for the elected County Council seats and County Commissioner every quadrennial period (( 6 months )).
- (1)In the event that no person is elected to fill a County Council seat, a special election shall be held as soon as possible.
- (2)In the event that no person is elected to fill the County Commissioner seat, one may be appointed by the State Government of San Andreas. (( Faction Team / Upper Administration ))
(d) The heads of departments, senior administrative employees, a Deputy County Commissioner, and all other roles not elected by the people within the County Government may be appointed by and serve at the pleasure of the County Commissioner and may be suspended or discharged without cause. Bureaus, departments, divisions, boards, and positions may be created at the behest of the County Commissioner as necessary to fulfill and accomplish the goals and duties of the County Government.
§ 105 – County Council Structure
(a) The governing body of the County shall be a County Council, composed of eight (8) members.
(b)There shall be one County Council member elected per district, for a total of four (4) districts, and three (3) unelected County Council members, held by the respective leaders of the Los Santos Police Department, Los Santos Fire Department, and Superior Court of San Andreas.
(c)There shall be one Senior County Council member elected for the entire County known as the County Commissioner.
§ 106 – Compensation
(a) Salaries and other compensation of the County Council and County Commissioner shall be established by ordinance, and salary shall not be lowered during an officer's term in office. The County Council may temporarily raise wages of all County Government employees for bonus pay.
§ 107 – Special Elections
(a) In the event of death, resignation, impeachment, or incapacity of a member of the County Council, a special election shall be held as soon as possible at the direction of the County Commissioner.
§ 108 – Impeachment
(a) The County Council may by majority vote suspend or impeach any county officer, employee, or elected official for malfeasance, misfeasance, neglect of duty, habitual drunkenness, incompetence, or permanent inability to perform official duties, or commission of a felony, and may fill the impeached person’s position by appointment except in the case of an elected official.
§ 109 – Residence
(a) The County Commissioner shall reside in the County during their tenure as the County Commissioner. Each elected County Council candidate shall reside within the district from which the candidate seeks election at the time of qualifying to run for that office and during the term of office.
§ 110 – Absence
(a) In the event of death, resignation, impeachment, or incapacity of the County Commissioner, the Deputy County Commissioner as appointed by the County Commissioner shall undertake the responsibilities and powers of the County Commissioner for the remaining duration of the term. If no Deputy County Commissioner is available to undertake such responsibilities and powers, a special election shall be held as soon as possible at the direction of the County Council for the remainder of the term.
(b) In the event that the County Commissioner is temporarily not able to perform their duties, they may appoint their Deputy County Commissioner to serve as the County Commissioner in their place during such an absence. If there is no Deputy County Commissioner to be appointed or they are also temporarily not able to perform their duties, the County Commissioner may appoint a County Council member in their place during such an absence.
§ 111 – Ordinance, Resolution, Administrative Regulation, and Ratification
(a) The County Council may by majority vote adopt ordinances or resolutions. In the event of a tie, the County Commissioner holds the deciding vote. Each ordinance, resolution, regulation, or ratification shall be introduced in writing.
(b) The County Council may by unanimous vote amend the County Charter or ratify an ordinance, resolution, regulation, or similar governing document.
- (1) “Ordinance” means an official legislative action of a governing body, which action is a regulation of a general and permanent nature and enforceable as a local law.
- (2) “Resolution” means an expression of a governing body concerning matters of administration, an expression of a temporary character, or a provision for the disposition of a particular item of the administrative business of the governing body.
- (3) “Ratification” means an ordinance, resolution, regulation, or similar governing document in question may not be removed, modified, appealed, or otherwise tampered with, without a unanimous affirmative vote by the County Council.
(c) The County Council shall adopt an Administrative Code.
(g) Any County Council member may propose an ordinance, resolution, ratification, or amendment. Any County Council member may also propose changes to the County Administrative Code. These proposals shall formally be known as a “motion”. When a motion is made, County Council members have forty-eight (48) hours to respond. The response may be either a vote or a request for delay for further consideration or amendment proposal. After a request for delay has been made, the period for voting shall be extended one hundred and sixty-eight (168) hours so amendments may be considered. A member of the County Council may abstain from voting or recuse themselves for a conflict of interest or may be forcibly removed from voting for a clear conflict of interest. Abstention, recusal, or conflict of interest removal shall not invalidate a unanimous vote.
The County Council may prescribe penalties for the violation of ordinances it may have authority to pass, by one or more of the following: imprisonment in the county jail or in any place provided by the county for the detention of prisoners, for any term not exceeding 90 days (( 1 day )); or by fine or by a reasonable period of community service. An ordinance may cover the same violation as a state law provided that the penalty provided is higher than the state statute.
An ordinance shall be required for regulating people, regulating property, annexing property into the county, and adopting annual appropriation for subsidiary agencies or departments.
A resolution shall be required for adopting county meeting rules and procedures, adopting a county personnel policy, approving a contract, authorizing a schedule of fees, adopting a comprehensive plan, authorizing the destruction of records, authorizing the sale of surplus equipment or land, or authorizing specific budgetary requests or expenditures which are not part of the standard annual appropriation.
Any act imposing a sanction for the violation of the act must be by ordinance.
The County Commissioner must sign all ordinances, resolutions, and ratifications for them to be valid and may refuse to sign the aforementioned documents, invoking a “veto”. A veto may be overturned with a unanimous vote from the County Council, excluding the County Commissioner’s vote.
§ 112 – Permanently Available Positions
Positions within the executive branch of the County Government which must consistently be available for every term by appointment are the Deputy County Commissioner, Chief of Staff, Commissioner of Defense, and Commissioner of Finance.
§ 113 – Municipal Agencies
Agencies or subdivisions directly under the control of the County Government and established by this Charter shall be the Bureau of Public Works, County Air Administration, Los Santos County Sheriff Department, Los Santos Fire Department, and a County Coroner Department which may be combined with other medical services or agencies within the County.
§ 114 – Adoption of Charter
The adoption of this Charter shall not affect any existing contracts or obligations of Los Santos County; the validity of any of its laws, ordinances, regulations, and resolutions; or the term of office of any elected County officer, whose term shall continue as if this charter had not been adopted.