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Model county charter

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Title:
Model county charter
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National Municipal League
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New York
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[s.n.]
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English
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71 pages : ; 23 cm

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County charters -- United States ( lcsh )
County charters ( fast )
United States ( fast )
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non-fiction ( marcgt )

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Statement of Responsibility:
Introd. by John E. Bebout.

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ocm00891247
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Full Text
MODEL
COUNTY
CHARTER
NATIONAL MUNICIPAL LEAGUE
1 956


MODEL
COUNTY CHARTER
Introduction by
JOHN E. BEBOUT
NATIONAL MUNICIPAL LEAGUE
CARL H. PFORZHEIMER BUILDING
47 EAST 68TH STREET
NEW YORK 21, N. Y.
1956


Copyright 1956 by National Municipal League
1156
Price $1.50


TABLE OF CONTENTS
Foreword V
Introduction xi
Article I. Powers of the County . 2
Article II. County Council . 3
Article III. County Manager 14
Article IV. Administrative Departments, Agencies; Advisors Offices and 18
Article V. Financial Procedures 24
Article VI. County Planning 33
Article VII. Nominations and Elections 41
Article VIII. Initiative and Referendum 54
Article IX. General Provisions . 62
Article X. Transitional Provisions 67


FOREWORD
It is characteristic of Americans to strain every effort to find
improved methods of running industry, business and scientific
pursuits but to cling to out-dated methods of operating govern-
ment until pressures for improvement become overwhelmingly
demanding.
This has been particularly true of county government; so much
so, indeed, that until recent years some authorities doubted that
it could survive or was even worth saving.
Within this generation, however, many counties have been
called upon to provide continually increasing local government
services despite the general realization that it is poorly organ-
ized to handle such activity.
At the beginning of this swing toward greater reliance on
counties, the National Municipal League, assisted by several score
advisors, many of whom have had lifetimes of experience with
county problems, began work on its first Model County Charter.
Like other League models, it is the collective product of numer-
ous minds. It has also gone through several tough laboratory
tests of being used by charter commissions and legislative drafts-
men.
Designed to help those who are attempting to make the county
equal to its task, it should be useful to public officials, charter
consultants and draftsmen, political scientistsin fact, to all who
are concerned with the improvement of county government.
The Introduction, purposely extensive, will be more useful to
many persons than will the text of the charter itself. Although
it is chiefly the work of John E. Bebout, assistant director of the
National Municipal League, it, too, is the product of many minds.
The Introduction reviews and evaluates the present status and
prospects of county government in the light of its history. It also
explains significant features of the charter and furnishes quali-
fying caution in tailoring a charter for the specific needs of a
particular county.
The background of this Model goes back more than a quarter
of a century to the first League Committees on County Govern-
v


VI
Foreword
ment headed by the late John A. Fairlie, for which Paul W.
Wager and Howard P. Jones acted as secretaries. Many meetings
and much correspondence resulted in two basic reports: A Model
County Manager Law, in 1930, and Principles of a Model County
Government, in 1933. The latter was drafted by the late R. C.
Atkinson. These served as the basic starting point for the present
publication. Mr. Atkinson prepared the first draft and a revision
after it had been submitted to several dozen persons for their
comments and suggestions.
The decision to replace the. 1930 Model Law with a Model Char-
ter was the result of the increased opportunities for county home
rule. It was felt that the charter form would be of more practical
help to a greater number of people working on county charters
while still meeting the needs of legislatures seeking to modern-
ize county government laws.
This Model is the result of the expenditure of a very large
amount of time and study on the part of a very large number of
people. To acknowledge by name all of those who have con-
tributed to it is not possible. It is equally impossible to give
anything like adequate recognition to the many hours of labor
and repeated conferences which many of them devoted to this
enterprise. Very special recognition, of course, is due Mr. At-
kinson who comes nearer than any one else to being the author
of the Model.
In the later stages Columbia Universitys Legislative Drafting
Research Fund gave invaluable technical assistance both in the
refinement of style and arrangement at many points and in the
preparation of new material introduced into the Model after Mr.
Atkinson completed his work. The work of the Fund was done
by its director, John M. Kernochan, aided by Associate Director
Frank P. Grad and assistants Milton S. Heath, Jr., and Frederick
E. Wells.
The period during which this Model was in preparation was one
of such rapidly expanding appreciation of the responsibilities
and potentialities of county government that a number of sec-
tions were substantially rewritten several times in order to keep
up with the latest, best thought. This necessarily increased both
the labor expended and the Leagues debt of gratitude to many
of the consultants, especially to Messrs. Kernochan and Grad
and to Joseph M. Cunningham, former deputy comptroller of
the city of New York, who gave most generously of his time and


Foreword
vii
wisdom in helping to develop the article on fiscal procedures.
It goes without saying that a project of this sort puts heavy
demands on the Leagues regular stafffor planning, correspond-
ence, preparation and checking memos and drafts, recruiting of
consultants and coordination of their efforts, and many other
activities. Mr. Bebout carried the basic responsibility. Other
present and former staff members who devoted substantial at-
tention to this project include Guthrie S. Birkhead, William N.
Cassella, Jr., Richard S. Childs, Stella Foreman, Samuel K. Gove,
Elsie S. Parker and Thor Swanson.
Among the many others whose thoughtful suggestions and
criticisms were specifically helpful were:
L. H. Adolfson, University of Wisconsin; William Anderson,
University of Minnesota; Emmett G. Asseff, executive director,
Louisiana Legislative Council; Richard A. Atkins, Syracuse Gov-
ernmental Research Bureau; Harold I. Baumes, League of Vir-
ginia Municipalities; Paul Beckett, State College of Washington;
George S. Blair, University of Pennsylvania; T. Ledyard Blake-
man, former executive director, Detroit Metropolitan Area Reg-
ional Planning Commission; Walter H. Blucher, former executive
director, American Society of Planning Officials; Ernest J. Bohn,
Cleveland Metropolitan Housing Authority; John C. Bollens,
University of California at Los Angeles; William L. Bradshaw,
University of Missouri; A. C. Breckenridge, University of Ne-
braska; Arthur W. Bromage, University of Michigan; Harold
S. Buttenheim, editor emeritus, The American City.
Ernest H. Campbell, University of Washington; Eric Carlson,
Pan American Housing Conference; Charlton F. Chute, Institute
of Public Administration; J. M. Claunch, Southern Methodist
University; William S. Coburn, manager, Hampton, Va.; Henry
W. Connor, Bureau of Municipal Research, Newark, N. J.; Wel-
don Cooper, University of Virginia; John D. Corcoran, Public
Administration Service; Edwin A. Cottrell,* Stanford Univer-
sity; C. A. Crosser, Municipal League of Seattle and King Coun-
ty; Joseph M. Cunningham, former deputy comptroller, City of
New York; Willard F. Day, former manager, Henrico County,
Va.; John A. Donaho, Baltimore; Henry Fagin, Regional Plan
Association, New York; Russell Forbes, former executive direc-
tor, National Municipal League; A. E. Fuller, manager, Fulton
* Deceased.


Foreword
viii
County, Ga.; Thomas J. Graves, U. S. Bureau of the Budget; Lee
S. Greene, University of Tennessee; Albert H. Hall, National
Institute of Governmental Purchasing, Inc.; George H. Hallett,
Jr., Citizens Union, New York.
Victor Jones, University of California, Berkeley; Mrs. Siegel W.
Judd, Grand Rapids, Mich., Council, National Municipal League;
Walter E. Kaloupek, University of North Dakota; H. Eliot Kap-
lan, former executive secretary, National Civil Service League;
Herman Kehrli, University of Oregon; Paul Kelso, University of
Arizona; Wylie Kilpatrick, University of Florida; Charles M.
Kneier, University of Illinois; Lane W. Lancaster, University of
Nebraska; Donald R. Larson, Public Administration Service;
Stuart A. MacCorkle, University of Texas; Roscoe C. Martin,
Syracuse University; Samuel C. May,* University of California,
Berkeley; Elwyn A. Mauck, former director, Maryland State Fis-
cal Research Bureau; Irving G. McNayr, former manager, Mont-
gomery County, Md.; Orin F. Nolting, International City Man-
agers Association; McKim Norton, Regional Plan Association,
New York; E. S. Overman, University of Tennessee; Raymond
B. Pinchbeck, University of Richmond; Albert Pleydell, New
York; James K. Pollock, University of Michigan; Hugh Pomeroy,
planning director, Westchester County, New York; William R.
Pouder, Tennessee Taxpayers Association.
Robert H. Rawson, Cleveland, Ohio, Council, National Munici-
pal League; Thomas H. Reed, Wethersfield, Conn.; R. R. Renne,
Montana State College; Clarence E. Ridley, former executive
director, International City Managers Association; Leo C. Rieth-
mayer, University of Colorado; Emil J. Sady, The Brookings In-
stitution; M. H. Satterfield,* Tennessee Valley Authority; Har-
old S. Shefelman, president, Municipal League of Seattle and
King County; Lloyd M. Short, University of Minnesota; Earl L.
Shoup,* Western Reserve University; Clyde F. Snider, Univer-
sity of Illinois; Estal E. Sparlin, Citizens League of Cleveland;
George W. Spicer, University of Virginia; Ralph R. Temple, Alex-
andria, Va.; H. V. Thornton, University of Oklahoma; Paul W.
Wager, University of North Carolina; Harvey Walker, Ohio State
University; Morton L. Wallerstein, League of Virginia Munici-
palities; James R. Watson, National Civil Service League; J.
Harry Westherly, manager, Guilford County, N. C.; Donald H.
Webster, University of Washington; Edward W. Weidner, Mich-


Foreword
xx
igan State University; W. Earl Weller, former director, Roches-
ter Bureau of Municipal Research; York Willbern, University of
Alabama; Coleman Woodbury, Yale University.
To all those named here and to many others, some of whom
have helped greatly without realizing it, we express our sin-
cere thanks. In acknowledging help we do not, of course, assume
anyones personal agreement with everything either in the
Model or in the Introduction. In the complex, changing human
field of government unanimous agreement, even among the most
objective experts, is not to be expected or even desired on all as-
pects of so large a matter as a county charter. The best we can
strive for is to reflect with reasonable accuracy a fairly broad
consensus of qualified thinkers.
Alfred Willoughby, Executive Director


INTRODUCTION
No part of the American governmental system is more in need
of basic reorganization than the county. By common admission
the prevailing system of county government is clumsy, antiquated
and almost inevitably expensive in relation to the services it
renders.
County government is the product of a thousand years of piece-
meal growth. Its foundations were laid in medieval England, and
the superstructure has slowly risen through the intervening cen-
turies. Like some sprawling old castle it bears the imprints of
many a builder and its rambling arrangement betrays the utter
absence of consistent plan. While important additions have been
made in the last generation, the main outlines of county organ-
ization have come down from the days of the oxcart and the mud
road. The greater part of the structure remains substantially as
it was in the middle of the nineteenth century and some features
are much as they were in the colonial period.
Some years ago many people were happily predicting the pro-
gressive decay, if not the early demise, of county government.
The outmoded structure, small size and inadequate resources of
many counties lent plausibility to such predictions, particularly
when the apparent stagnation of county government was con-
trasted with the dynamic growth and rapid modernization of city
governments since the turn of the century. The last few years,
however, have seen a decided change in attitudes with respect to
the future of county government. County functions have been
growing in number, importance and magnitude. This process has
been particularly marked in metropolitan communities but has
by no means been confined to them. The multiplication of the
functions performed by Milwaukee County is a good illustration
of what has happened in urban areas. The county was organized
in 1835 with 26 activities but at the end of 1955 was performing
219. The greatest increase in activities has occurred in the last
twenty years, ninety of them having been added since 1925.1 l
l Research Bulletin, The Citizens Governmental Research Bureau of Milwaukee,
August 25, 1955.
XI


Xll
Introduction
County progress has, however, been retarded by a number of
factors. Perhaps the basic factor is a simple failure on the part
of the public, and even of many county officials and authorities on
government, to think of the county in terms of its real potentiali-
ties under modern conditions. This failure in turn is a natural
consequence of the peculiar history of county government and
of the somewhat ambiguous position it has long occupied in our
system.
Originally established as a convenient area for administration
of certain functions of the central government, in our country the
state, it has gradually acquired more and more of the responsi-
bilities and aspects of genuine local government. This trend has
gone so far that counties in many states are coming to be treated
as municipal corporations. Yet legal and political theories of
county government still tend to emphasize the supposedly basic
difference between the county as a mere agent of the state and the
city as a more or less autonomous association for strictly local
purposes.
The fact is that the modern development of intergovernmental
relations has largely outmoded this distinction. These relations
are characterized increasingly by a sharing of responsibilities
rather than a sharp separation of functions among the several
levels of government. Consequently, traditional thinking regard-
ing the nature and status of all levels of government, including
the meaning of such concepts as states rights, local self-gov-
ernment and home rule, is undergoing substantial modifica-
tion. State governments function as agents of the nation in carry-
ing out programs authorized by the Congress while retaining their
status as self-governing constituents of the federal union. In some-
what similar manner municipalities originally established for
strictly local convenience serve as agents of the state. And both
county and municipal governments, which are constitutionally
creatures of the state, maintain direct relations with the national
government without becoming its legal wards.
One of the effects of this evolution of intergovernmental rela-
tions has been to enhance the importance of the county in our
whole system of government. That effect is described as follows in
the report of the Commission on Intergovernmental Relations:2
The intermediate position of the county between the state and
2 A Report to the President for Transmittal to the Congress, Washington, D. C.,
1955, 322 pages. (Pages 53-54.)


Introduction
xiii
municipal governments in some areas, and its position as the
primary area of local government or administration in others,
have steadily enlarged its importance in intergovernmental rela-
tions. It continues to serve in its traditional role as an agent of the
state for law enforcement, judicial administration, the conduct
of elections and other important functions. At the same time,
county governments have gradually been acquiring functions and
powers of a municipal character, some of them transferred from
municipalities with inadequate area and resources. The result is
that in most states the responsibilities of local government are in-
creasingly being divided between municipalities and counties.
This movement has been accelerated in recent years by the fact
that the national government has found the county more con-
venient than the municipality as a base for a number of grant-
aided programs.
The county seat is commonly the headquarters for officials ad-
ministering certain federal programs, and the county government
is often the only available local unit with which the national gov-
ernment may cooperate. In three fields where federal grants-in-
aid directly affect large numbers of peoplewelfare, health and
agriculturethe county is involved in varying degrees. Welfare
is administered at the county level, sometimes by the state and
sometimes by a county welfare board that is a substantially inde-
pendent agency. In public health, it is the national policy to en-
courage local administration by county or intercounty health
units. The national agricultural programs, except for soil conser-
vation technical assistance, are based on the county, either as an
administrative area or as a unit of government, and as a matter of
fact about 80 per cent of the soil conservation districts are co-
terminous with the county. Counties, of course, participate in the
highway program and are sometimes involved in other national
programs.
The report went on to point out that the Commissions Advisory
Committee on Local Government, which included two representa-
tives of the National Association of County Officials, had observed
that as counties assume more and more responsibility for carry-
ing out programs for the state government, or for the national-
state governments, the need for improved county government be-
comes more urgent. The Commission then made its own strong
plea for strengthening and modernizing county governments:
The states could advance the cause of local self-government


XIV
Introduction
by giving all counties the opportunity to obtain modern charters,
to use modern methods of administration, and to exercise more
home rule powers. The strengthening of rural counties especially
would take some of the load off state administration and simplify
the task of administering national programs based upon the
counties.
Thus the commission saw the counties playing not a decreasing
but an increasing role in our federal system and saw this as a
reason for strengthening their capacity for self-government. Im-
plicit in this conclusion is the proposition that sound intergovern-
mental relations require that each level of general government be
responsible and efficient, capable of initiative, energy and some
degree of unity in planning and carrying out public policies. A
failure to achieve this condition at any level of government tends
to produce an undue concentration of power at a higher level or
in more or less irresponsible functional hierarchies. It may also
result in independent special districts and authorities.3
The importance of this philosophy of intergovernmental rela-
tions for the future of county government can hardly be over-
emphasized. The county has proved to be a natural focal point for
a growing number of the most significant inter-level administra-
tive relationships. If the elements of local participation and re-
sponsibility which are of the essential genius of American govern-
ment are not to be sacrificed, we must, therefore, have responsible
government able to represent the sense and interests of the com-
munity at the county level. This is needed not merely to satisfy a
theory of local democracy but to promote effective and econom-
ical achievement of sound service goals as well. The Commission
on Intergovernmental Relations recognized that when it endorsed
the recommendations of its Advisory Committee on Local Gov-
ernment that county governments should be encouraged to have
an office responsible to the elective head or chief executive of each
county . ; to facilitate cooperation and coordination among
agencies carrying out related programs; and to assist in planning
programs with a view of adapting them as far as possible to the
peculiar needs and conditions of the county.4
It is clear that this suggestion is directly related to the pleas of
3 See "Threat to Responsible Rule," by Joseph E. McLean, National Municipal Re-
view, September 1951, page 411. See also Special District Governments in the United
States, by John C. Bollens, University of California Press, Berkeley, 1957.
4 An Advisory Committee Report on Local Government, submitted to the Com-
mission on Intergovernmental Relations, Washington, D. C.. 1955, 62 pages. (Page 5.)


Introduction
xv
the Advisory Committee and of the Commission for a tightening
up and strengthening of the basic structure of general county
government, because the usefulness of this office would be seri-
ously limited if it were not answerable to a responsible official
enjoying some real authority over the various county agencies
involved.
No one starting from scratch would think of organizing any bus-
iness, public or private, as a typical county is organized. Contrary
to the practice of private business and of other important govern-
mental units, the typical county has no administrative head. The
county board performs the functions of such an officer in a meas-
ure, but only to a limited degree. The actual conduct of county
affairs is usually scattered among from eight to a dozen separately
elected officials and a long list of boards, commissions and lesser
appointive officers. Because of the method of their selection and
for other reasons, many of these agencies and officials escape ef-
fective supervision and control. Theoretically, many of them are
directly responsible to the voters, but their number is so great
and the work of their offices so obscure that little real control can
be exercised in fact by the electorate. The long county ballot bur-
dens and confuses the voters, while the multiplicity of separate
county agencies interferes with efficient administration and makes
it difficult or even impossible to fix responsibility for results.
The extreme fragmentation of county government seriously
hampers the use of such tools of management as the executive
budget, centralized purchasing and over-all personnel adminis-
tration. Even where these devices are provided for, their effective-
ness is often greatly limited by the resistance of independently
elected officers and substantially independent boards and by the
hesitancy of members of the county board to exercise legal powers
they actually possess over officials who are their political equals.
The difficulty of revamping an old style county government
should not be underestimated. Ancient tradition, vested political
and other interests and organizational and procedural arrange-
ments frozen into state constitutions and laws all contribute to
making county reorganization one of the toughest assignments
that citizens can undertake.
But the job can be done, as citizens and forward-looking officials
in a few counties scattered widely throughout the country have
demonstrated. Stubborn defects in county government have been
overcome in enough places to demonstrate that citizens can have


XVI
Introduction
modern, well organized county governments if they care enough
to make the necessary effort. Some of the ancient and separately
elected officials have been eliminated altogether or, as in the case
of many coroners, by-passed so completely that no one seeks the
now empty office. Unwieldy county governing boards, sometimes
with over 75 members, have been reduced to a manageable size.
Single administrative or executive heads, some appointive and
some elective, have been established with varying degrees of re-
sponsibility for day-to-day administration. Some of the appointive
administrators are recognized as full fledged county managers,
comparable to city managers.5
Counties that have adopted such improvements not only per-
form old functions more efficiently but also win public confidence.
This often leads to assignment of new responsibilities that would
otherwise go by default or be vested in independent agencies or
in a higher level of government.
In general, the Model County Charter simply brings together in
one document provisions for the organization and conduct of
county affairs which in various combinations have been widely
tested in local government and have been proved by experience
to be workable at the county level.
No model charter or law can be drafted which should be adopted
anywhere without change. The vast differences in the size, re-
sources and problems of the 3,000 odd organized counties would
in themselves make it impossible to prescribe a single basic law
or charter equally applicable to all. When to these differences are
added the differences in constitutional and legal provisions for
county government and differences in political habits and tradi-
tions, it is clear that there can be no single neatly packaged answer
to the whole problem of governmental organization and power
for every county. The traditional position of the county in New
England will, of course, make the Model generally inapplicable
there.
The Model is offered, therefore, not as a panacea but as a re-
source, seeking to embody as much as possible of the best and most
up-to-date thinking on the basic structure of county government.
It therefore suggests goals not only for the local drafting of home
rule or special county charters but also for the preparation of op-
tional county charter laws or for amendments of provisions of
5 See Digest of County Manager Charters and Laws, National Municipal League
(4th ed.). 1955, 70 pages, $2.00.


Introduction
xvn
state constitutions and laws where those provisions would prevent
or impede the modernization of county government.
The constitutions of six statesCalifornia, Maryland, Mis-
souri, Ohio, Texas and Washingtonmake provision for the draft-
ing of home rule charters by all or certain classes of counties.
While the home rule authority in several of these states is quite
broad, it does not follow that every provision of the Model could
be adopted in any one of them.6
Admittedly, the Model will look pretty formidable to many peo-
ple, who think in terms of the small rural or semi-rural counties.
It is, of course, the more urbanized counties, including the large
metropolitan counties which have assumed many municipal
functions, that have the most obvious need to reorganize. The
Model has been prepared with a view to being as serviceable as
possible to such counties. Hence, the Model contains details on
ordinances, planning and certain other matters that would prob-
ably not be necessary or appropriate in many small counties. On
the other hand, basic provisions regarding the structure of county
government, the election and appointment of county officers and
the division of responsibilities among them are readily adaptable
to small counties. Petroleum County, Montana, (population 1,026)
has been demonstrating this ever since 1942 when the county
manager plan went into effect. Elimination of excess organiza-
tional baggage and the concentration of responsibility for stretch-
ing limited revenues to meet essential service needs may in some
cases be even more vital to a small rural county than to a large
urban county with extensive taxable resources.
One fourth of the counties in the country have less than 10,000
population and many of these are too small as presently organized
and financed to provide modern services economically and effi-
ciently. Some are even unable to keep their courthouses in good
repair. Surveys in more than half the states have pointed out that
the cost of county government could be decreased and its effective-
ness greatly increased by a substantial reduction in the number
of counties through consolidations. Yet what has been described
as unanimity of expert opinion has resulted in almost no action.
The conclusion is inescapable that if people are anxious to hang
8 In Texas, The ambiguity and contradictions found in the language of the amend-
ments as well as the lack of a proper enabling statute renders it [county home rule!
inoperative. City and County Home Rule in Texas, by John P. Keith, Institute of
Public Affairs, University of Texas, Austin, 1951, 176 pages. (Page 146.)


Introduction
xviii
on to their traditional county units they will be well advised to
reorganize them so that they can provide maximum service at
minimum cost.
The Model is intended to serve as an aid to persons engaged in
reconstruction of a county government, not as a patented cure for
all county ills. The state constitution, laws and customs must be
studied closely to determine how much of the charter may be
usable and how specific provisions should be modified to make
them applicable to a given situation. In this connection some very
important decisions regarding strategy and timing may have to
be made. It may be necessary, for example, to decide whether to
begin by seeking changes in the constitution and laws of the
state which are incompatible with important principles of the
charter or to begin with such minor reorganization of county gov-
ernment as may be possible under existing constitutional and
legal provisions.
The Model deals with a number of matters which are covered
with varying degrees of adequacy in general laws. The quality and
terms of existing laws covering such matters as budgeting and
fiscal management, purchasing, personnel administration, plan-
ning and nominations and elections will determine how helpful
certain provisions of the Model will be in drafting a specific
county charter or optional charter law. If, for example, the law on
one of these subjects is considered satisfactory, there may be no
need to include it in the charter even though there may be consti-
tutional authority for doing so. It should be observed, however,
that a future legislature may change a law in a manner contrary to
the wishes of citizens of a county operating under a home rule
charter. Consequently there is something to be said for incorporat-
ing important provisions in a home rule charter if in so doing they
would be made immune to alteration without local consent.
The Model omits or deals lightly with some matters generally
covered by state law which it may be desirable to include in some
local charters. For example, in a state without satisfactory provi-
sions regarding the borrowing powers of local governments it
might be desirable to deal more fully with this subject than does
the Model. The borrowing provisions in the National Municipal
Leagues Model City Charter and Model County and Municipal
Bond Law may prove helpful in such a situation.
While the Model provides for the council-manager plan, most
of its provisions will be equally appropriate with little or no


Introduction
xix
change in a charter which provides for a strong elected execu-
tive in place of the manager. The charter can be modified to sub-
stitute for the full-fledged manager, with his power to appoint and
dismiss the principal appointive county officers, a chief adminis-
trative officer without appointive power but with general re-
sponsibility to superintend the administration of county affairs.
This arrangement, commonly known as the CAO plan, is working
well in Los Angeles and a number of other California counties.
Most of the changes that would have to be made to adapt the
charter either to the elective executive or to the CAO plan would
relate to the relationships of the administrator or executive to
the council and to the manner of selecting subordinate officials.
Such changes should be carefully considered to insure that the
completed charter is an organic unity in which each part is ad-
justed so that the whole makes sense. When the Model is used
with an elected executive, it is especially important to review
and modify as necessary the division both of policy and of ad-
ministrative responsibilities between the executive and the coun-
cil with a view to efficient and responsible government.
This word of warning has general applicability whenever any
part of the Model is used out of its original context.
Special problems will arise if it is necessary to adjust the char-
ter to the continuance of certain independently elected officials or
of more or less independent boards or commissions like park com-
missioners. The extent of supervisory or coordinating authority
to be vested in the manager, chief executive or chief administra-
tive officer and the applicability of provisions regarding such
matters as fiscal control, purchasing and personnel regulations
will need to be carefully considered. The extent to which the
housekeeping functions of the courts associated with county gov-
ernment may be brought under such controls will also present
special problems. In some counties similar questions may arise in
connection with administration of non-academic aspects of the
school system. It is particularly important, in any case, to coordi-
nate school system planning with county planning generally.
The Model applies to the county the results of half a century of
experience in local government. In harmony with this experience
the Model provides for:
1. A substantially integrated county government in place of the
collection of loosely connected independent officers and agencies
that comprise the typical county government today.


XX
Introduction
2. A representative policy-determining body or council of
wieldy proportions elected by the voters and responsible to them
for the general conduct of county affairs.
3. A single administrative head or manager chosen by the
council and accountable to it for the effective administration of
county services.
4. The choice of principal administrative officers by appoint-
ment by the chief executive, thereby achieving a short ballot,
unified administrative control and fixed responsibility for county
administration.
5. A substantial degree of flexibility in the administrative
structure to permit its adjustment to changing local needs and
conditions.
6. Modern procedures for fiscal and personnel management
and for planning.
The Model is designed to enable the county to make full use of
home rule powers as the constitution and laws of the state may
permit. It is recognized that the problem of adjusting the respec-
tive home rule claims of counties and the municipalities within
them is a difficult one which must be worked out under paramount
state law. The Model, however, is definitely geared for the exer-
cise of such municipal type powers as may be vested in the county
either for county-wide use or for use in unincorporated areas.
The Model makes the county council in a true sense the govern-
ing body with general control over county affairs. The name
county council is used rather than county board to emphasize
its policy-making function. The name county board, now widely
used throughout the country, carries the connotation of an essen-
tially administrative rather than a legislative body. There is prec-
edent for the designation county council in Hamilton County,
Tennessee, and in the home rule charters in Maryland and in St.
Louis County, Missouri.
The Model insures the supremacy of the council in matters of
policy by assigning to it all the powers of the county except as
otherwise provided by the constitution or the charter. It also
gives the council authority to contract with adjoining counties and
with other governmental units within or contiguous to the county
for the performance of functions jointly or by one in behalf of
the others.
The charter requires that a number of the most important acts
of the county council, including legislative enactments of a mu-


Introduction
xxi
nicipal nature, shall be by ordinance and prescribes a carefully
safeguarded procedure for action on ordinances, including publi-
cation and public hearing. It is recognized that these procedures
are much more meticulous than those by which many counties
adopt resolutions but it is believed that when counties act in a
legislative capacity comparable to that of municipalities they
should be required to maintain at least equal procedural standards.
Article VIII of the Model provides for the initiative and refer-
endum. Many counties will see little or no reason for including
such an article but others, particularly urban counties expected
to exercise extensive municipal powers, will want to give it seri-
ous consideration. The article in the Model is a long one because
experience has demonstrated the need for care in establishing
procedures for and limitations on the use of direct legislation by
the voters. The length of the article illustrates an important truth
about charter drafting. While brevity is generally to be desired,
it should not be sought at the sacrifice of clarity and precision.7
Much of the disparagement to which the initiative and referendum
have been subjected in recent years is the result not of intrinsic
weaknesses but of inadequate procedural and other safeguards.
The provisions incorporated in Article VIII should make the initia-
tive and referendum available when there is good reason for their
use while discouraging excessive or inappropriate use. They seek
to prevent such abuses of the initiative and referendum in the
fiscal field as have sometimes interfered with attempts of respon-
sible officials to achieve a properly balanced long range fiscal pro-
gram related to over-all needs.
If there is an ideal system of representation and election for the
governing bodies of counties and other local governments, it has
not yet been identified and agreed upon by all the people whose
opinions are entitled to attention. In all probability there is no
such system equally applicable to all counties. The Model assumes
that it is necessary to tailor provisions regarding the composition
and election of the county council to the needs of a particular
county. On the other hand it does not accept all prevailing meth-
ods as sound or desirable. Consequently, the Model sets forth a
limited number of alternatives as to basis of representation and
methods of nomination and election and seeks to discourage ar-
rangements which have proved unsatisfactory.
7 See A Guide for Charter CommissioTis, National Municipal League, 1956, 44 pages.
75 cents. (Page 24.)


XXII
Introduction
No number of councilmen is specified in the Model but in gen-
eral the council should be small enough to permit deliberation and
to make each member feel responsible and large enough to be
fairly representative of the county as a whole. According to the
1947 Census report on County Boards and Commissions, 118 coun-
ties had governing bodies of only one member each while 21 coun-
ties had over 50 members each.8 The most common number was
three, in 1,363 counties, and the next most popular number was
five, in 872 counties.9 The largest governing bodies are found gen-
erally in Illinois, Michigan, New York, Tennessee and Wisconsin.
Most of the county boards in Tennessee are known as county
courts and are composed of justices of the peace with a county
judge as chairman. In the other four states the county board, with
few exceptions, is known as the board of supervisors and is com-
posed of representatives of the townships and cities within the
county, an arrangement which was once more prevalent than it
is now.
Approximately half the counties have governing bodies of three
members or less. It is hard to justify a governing body of less than
three for any county that is expected to exercise any significant
local government powers of a legislative nature. In the light of
municipal and county experience it would seem that most counties
would probably find that they were well served by a council of
from five to nine members. Some small counties might do with
three, while some large counties might feel the need for more
than nine, especially if some members are to be elected by dis-
tricts or as representatives of local jurisdictions within the county.
Just as there is no standard size for county governing bodies
there is no standard basis of representation or method of selection.
The following tabulation based on the 1947 Census publication,
already cited, would be substantially correct today:
8 See County Boards and Commissions, Bureau of the Census, Washington, D. C.,
1947, 91 pages. (Page 2.)
9 See The American CountyPatchwork of Boards, National Municipal League,
1946, 24 pages, 35 cents. (Page 5.)
Method of Selection of
County Governing Bodies
Number
of Counties
All elected by district
Some elected at large, some by district
874
645


Introduction
xxiii
All elected at large with district residence requirement 629
All elected at large 560
All elected by township (or town), city 297
All appointed 22
Others 23
Total 3,050
Experience both in county and in municipal government points
to election at large as generally more desirable than election by
districts and indicates that, where district representation is pro-
vided for, it should be balanced by some representation at large
to insure members with a county-wide point of view, responsible
to the county-wide constituency. The Model, therefore, offers a
choice between election of the entire council at large and elec-
tion of part at large and part by districts. One of the common
weaknesses of district elections arises from the difficulty of estab-
lishing and maintaining a system of equally representative dis-
tricts. For this reason a rather detailed set of provisions for dis-
tricting is suggested.
The weight of opinion would be decidedly against extending the
system of town and city representation on county governing
bodies. In order to produce a county council that was fairly rep-
resentative of population on the basis of representation of every
local unit within the county, it would usually be necessary to
create an extremely large and unwieldy body many of whose
members would be likely to subordinate the interests of the
county as a whole to what they conceive to be the interests of
their own communities. Yet it should be noted that important
progress has been made in a considerable number of counties gov-
erned by boards of supervisors. In New York State, for example,
three counties, Monroe, with the county manager plan, and Nas-
sau and Westchester, with elected executives, have developed
strong county administrations performing important municipal
type functions without abandoning the old large governing bodies.
Whether or not it is wise to retain a large county board com-
posed of representatives of townships and other local units will
depend in large measure upon the demonstrated ability of such
representatives to balance the interests of their constituent units
and those of the county at large. If the result is effective, respon-


XXIV
Introduction
sible and responsive government at both the township and county
levels, there may be merit in retaining this system.
In some counties, especially where a considerable amount of
city-county cooperation or coordination would be helpful in meet-
ing common problems of metropolitan government, it may be de-
sirable to experiment with some system of overlapping member-
ship on municipal and county governing bodies. The Baton Rouge-
East Baton Rouge city-parish council has demonstrated that there
are distinct possibilities in this arrangement. This precedent so
impressed the delegates to the constitutional convention which
drew up the proposed constitution for the state of Alaska that it
provided that the governing body of any borough, which in Alaska
would correspond to a county, should include one or more mem-
bers of the councils of any first class city or cities within it as well
as other members elected from the borough at large.
The Model also offers a choice of two methods of nomination,
the so-called sponsor-deposit method10 and the standard long peti-
tion method. It also offers two basic methods for election at large.
Alternative No. 1 prescribes the Hare system of proportional rep-
resentation. Alternative No. 2 provides for majority election,
which is guaranteed by holding a runoff, if necessary, three weeks
after the regular election.
While proportional representation has not been used in any
county elections in this country, its success in a few American
cities and its record in all the cities and counties in Ireland indi-
cate that it is worth considering, at least in counties in which it is
hard to arrive at a satisfactory solution of the problem of repre-
sentation by the use of one of the more traditional systems. The
Hare system of proportional representation is the one system that
guarantees both rule by the majority and representation of sig-
nificant minorities. It does this without dividing voters among
geographical districts which may prove difficult to change or
abolish when the reason for their original shape ceases to exist.
Thus P. R. may be the answer for a county in which it is felt that
it is important to insure some representation to a minority, espe-
cially if that result cannot be accurately and safely achieved by
some system of district representation. P. R. has the additional
advantage of making it possible to provide for majority rule with-
10 The purpose of the sponsor-deposit method is explained in Article VII, foot-
note 7, page 45. See also National Municipal League publications: Model Election
Administration System, 1930, 42 pages, 75 cents, and Model Direct Primary Election
System, 1951, 58 pages, $1.00.


Introduction
XXV
out the expense and uncertainties inherent in any system of
double elections involving either a primary or a runoff.11
Despite its merits, it is reasonably certain that proportional rep-
resentation will not appear in many new county charters in the
immediate future.11 12 The alternative systems of nomination and
election by simple majority offered in the Model have been de-
signed to help charter draftsmen, so far as possible, avoid the
most serious weaknesses commonly associated with such systems.
The Model provides for so-called nonpartisan or no-party-label
elections. County elections without benefit of formal nomination
and sponsorship of candidates by national parties will seem
strange in most states, though they have long been the rule in
California, Minnesota and North Dakota.
The fact that the county is commonly the primary territorial
base of party organization will undoubtedly be used against non-
partisan county elections, despite the fact that there is no neces-
sary connection between the county unit of party organization
and county government. In view of the nature of county govern-
ments generally, it is hard to see what consistent relationship
there could be between the voters national party preferences and
their differences of opinion on county services and policies. The
reasons that have impelled more than 60 per cent of the munici-
palities of over 5,000 population in the United States to adopt non-
partisan elections would seem to be equally applicable to coun-
ties.13
Elimination of the national party organizations from formal
participation in county elections certainly does not mean that
there will be no politics in such elections. It simply means that
it will be easier for county politics to be conducted in terms of
county needs, with or without the benefit of permanent local
political organizations or alignments. If the voters choose to
divide for county purposes substantially along national party
11 See National Municipal League publications: P.R., 1955, 12 pages, 5 cents;
Proportional RepresentationEffective Voting, 1951, 8 pages, 10 cents; Proportional
RepresentationThe Key to Democracy, 1940, 177 pages, 25 cents.
12 a new charter approved by a substantial margin in Cuyahoga County (Cleve-
land), Ohio, in 1935, provided proportional representation for the election of its
county council. The charter was voided by the courts, however, on the ground that
it did not have all four of the concurrent majorities required by the Ohio consti-
tution for adoption of a charter vesting municipal powers in the county. See National
Municipal Review, December 1935, page 707; also March 1936, page 189.
13 See memorandum prepared by National Municipal League, Getting the National
Parties Out of Municipal Elections (mimeographed), 1953, 10 pages.


XXVI
Introduction
lines, they can do so without using the formal party nominating
machinery.
Many people believe the attempt should be made to hold the
two major parties responsible for elections at all levels of govern-
ment. There are many counties, as there are cities, in which elec-
tions under national party labels provide the voters with a rea-
sonable opportunity to express themselves effectively on county
programs and candidates. Many such counties have elected offi-
cials of high caliber whose service to the county is not affected by
irrelevant considerations of party advantage.
If that kind of political tradition were universal there would be
no call for nonpartisan county elections. There are many counties,
however, where there is no genuine contest between or within
the parties, with the result that the people are subjected to one-
party county government in the name of the national two-party
system. In these cases, as in some where the parties are more
evenly divided, there is often a tendency for important issues of
good county government to be submerged by the appeal for party
loyalty and unity in the interest of success in the supposedly more
important state and national elections.
On the other hand, the uneasy marriage of local and national
politics often interferes with responsible action by the parties at
state and national levels. The responsibility for engaging in con-
tests over county offices has a tendency to divert the local organi-
zations of the national parties from their primary task of serving
the voters as instrumentalities for expression of genuine differ-
ences over national and state policies and leadership.
The natural growth of county functions and responsibilities in
some areas has been retarded by the feeling of many citizens that
they cannot exercise effective control over county affairs be-
cause of the prevailing system of county politics and elections.
This feeling of inability to control the courthouse has encouraged
the attempt to insulate from county politics new functions like
parks, health and welfare by placing them under more or less in-
dependent boards and commissions. This has tended to fractional-
ize and weaken county government further, even while county
functions have increased in number and importance.
It should be observed that any county that wishes to continue to
elect its officials in the traditional manner, with official national
party nomination and sponsorship, can easily provide for that in
its charter. Generally this can be done by omitting most of the


Introduction
xxvii
election proV.isions of the Model and requiring that nomination
and election of county officers be conducted in accordance with
the appropriate state laws governing elections. Accordingly it did
not seem necessary to provide alternative language for this pur-
pose in the Model.
Revitalization of county politics as a means of citizen control of
county affairs is in many areas a necessity if county government
is to realize its full potential. This revitalization can in some areas
be encouraged by action to make the national parties more re-
sponsible and more genuinely competitive in their approaches to
county affairs. In other places there can be little hope for mean-
ingful and constructive competition for county office as long as
the election of county officers is conducted in the name of one or
both of the national parties.
The decision as to the best method of electing the county coun-
cil, including the question o^vhat part if any the national parties
should play, is not a simple onSP- It should be made in each case in
the light of a hard-headed analysis of the particular needs and
traditions of the county and tmLnature and adaptability of the
existing political pattern. The Modfeldoes not presume to provide
the answer; it does offer ways in whteh different answers appro-
priate to different counties may be written into their charters.
One of the most important features of\the Model is its provision
for centering responsibility for the administration of county serv-
ices in a single administrator or manager suiyect to appointment,
removal and general supervision by the counci&t
The provisions regarding the professional quaTfi^cafins the
manager, his relations to the council and his powerfe^n(i duties
are substantially the same as those that have become famyliar an^
proved successful in more than 1,400 communities serving approx-
imately 28,000,000 people.14 Among the local governments rec^g*"
nized by the International City Managers Association as having
bona fide council-manager plans are fifteen counties in eight
states.15 There are in addition to these counties a considerable
14 See National Municipal League publications: Story of the Council-manager Plan,
1954, 36 pages, 20 cents; Model City Charter, 1941, 173 pages, $1.50; Forms of Munici-
pal GovernmentHow They Have Worked?, 1953, 20 pages, 25 cents; Best Practice
Under the Manager Plan, 1956, 8 pages, 15 cents.
15 Sacramento, San Mateo and Santa Clara Counties, California; Fulton County,
Georgia; Anne Arundel and Montgomery Counties, Maryland; Petroleum County,
Montana; Monroe County. New York; Durham and Guilford Counties, North Caro-
lina; McMinn County, Tennessee; Albemarle, Arlington, Fairfax and Henrico
Counties, Virginia.


XXV111
Introduction
i
!
number of others that have chief administrative oncers whose
positions and responsibilities more or less closely approximate
those of the recognized county managers. The CAO of Los Angeles
County, for example, is manager in virtually everything but name.
He is not listed as a county manager because technically he does
not appoint department heads though in practice the board of
supervisors regularly follows his recommendations on appoint-
ments. Thus Los Angeles County, with a population of more than
5,000,000, is the largest jurisdiction with what amounts to council-
manager government.16
The council-manager plan seems almost Jnade to order for the
purpose of modernizing county government. One indication of
this is in the extent to which old-style ^'ounty governments have
gradually evolved toward it by concentrating as much over-all
managerial responsibility as the lawjlllows in some existing offi-
cer like the clerk or the auditor.17 This trend has been observed
in many states for over a quarter of a century.
One reason why the council-manager plan seems particularly
appropriate to county government is that, unlike cities, counties
generally do not have a trad/ftion of a politically strong elected
chief executive. The centra/fcore of county government has been
essentially government byj commission. The council-manager plan
in cities was a direct andf logical evolution from the commission
form of government, ^preserved and strengthened the unity in
policy-making, whifdfi the commission was supposed to provide,
and achieved unjfty and responsibility in administration, which
commission Government did not provide. The council-manager
plan is notygo drastic a break with the tradition of county govern-
ment a^fs an elective executive plan, since it continues to vest
over-jfli responsibility in a representative body rather than divid-
ing it between an elected council or board and a separately elected
and perhaps competing chief executive. The members of the
county council continue to be the responsible parties so far as the
16 See The County Manager Plan, National Municipal League, 1950, 29 pages, 20
cents; Fifteen Years of County Manager Government, by George W. Spicer, Char-
lottesville, University of Virginia, 1951, 145 pages; Appointed Executive Local Gov-
ernment, the California Experience, by John C. Bollens, Haynes Foundation, Los
Angeles, 1952, 244 pages.
it See "A Review of the Controversy Over County Executives, by Edward W.
Weidner, Public Administration Review, Winter 1948; The County Clerk as 'Man-
ager,' by L. H. Adolfson, National Municipal Review, March 1945; County Govern-
ment Across the Nation, edited by Paul W. Wager, University of North Carolina,
Chapel Hill. 1950, 817 pages.


Introduction
XXIX
electorate is concerned though they exercise their responsibility
for administration through their appointed agent, the manager.
The really big break with tradition which full adoption of the
county manager plan entails is not the appointment of the man-
ager as an administrative agent of the county council but bring-
ing under the superintendence of the manager, and therefore
under council control, many of the functions now performed by
independently elected officers or substantially independent boards
and commissions.
Legal and political considerations may limit the extent to which
these independent officers and agencies can be brought within the
orbit of the central county government. All or most of the county
manager governments now in operation represent some degree of
compromise in this respect. On the other hand, the existence of
responsible professional management at the core of county govern-
ment tends inevitably to tone up the whole system. It is, more-
over, possible, as is suggested at various points in the Model, to
arrange to have the county manager perform some services, par-
ticularly of a housekeeping nature, for independent officers and
agencies without putting him in charge of their operations and
subjecting them to the complete control of the county council.
So far as possible, county activities should be grouped into a
few closely knit departments, primarily on the basis of function.
Because of local differences no complete model scheme of depart-
mental organization would meet the needs of all counties. The
Model sets up only one department, the department of finance,
and in addition provides specifically for a purchasing officer, a
personnel officer and the county legal advisor. In small counties it
is assumed that the county manager would serve as purchasing
officer and personnel officer. In others either or both of these of-
fices might be included in an over-all department of finance or
administration.
In a given county charter or in an optional county charter law
for a given state it may seem desirable to spell out the depart-
mental arrangement in greater detail, providing specifically for
one or more additional departments. Care should be taken, how-
ever, to avoid freezing any departmental setup into the charter
in a manner which would prevent adaptation to changing condi-
tions. In any event, the internal organization of the departments
should be left to the manager and the county council.
Most counties will need to set up, either by charter or by ordi-


XXX
Introduction
nance, at least five or six departments, including a department of
public works to take care of roads, bridges and other appropriate
activities, and a department of welfare. Many counties would need
either a department of health or a joint department of health and
welfare. These two functions are inter-related at so many points as
to require close coordination, but it is often difficult to find a de-
partment head properly equipped for the supervision of both.
The police functions of the sheriff and the operation of the
county jail could be assigned to a county police department. An
alternative worth careful consideration would be a comprehensive
department of law enforcement including the prosecuting func-
tions of the prosecuting attorney and the medical examination
functions of the traditional coroner as well as the police functions
of the sheriff and the custody of prisoners. Such a department
would provide unified responsibility and direction for the whole
range of county law enforcement activities, which have long suf-
fered from divided authority, buck passing, lack of coordination
and amateur political personnel. This combination of functions
would be new to American local government, but it has ample
precedent in the federal Department of Justice and in the minis-
tries of justice in several other countries.
The office of coroner is not provided for in the Model.1* Where
the state constitution requires election of a coroner, the office can
probably be left without substantial authority or function, as in
New Jersey.18 19
The functions of the recorder or register of deeds, the clerk of
court and the sheriff in his capacity of court bailiff could appropri-
ately be combined into a department of records and court serv-
ices. A theoretical argument can be made for assigning some of
these activities to a clerk appointed by the local court, but there
is little in past experience to indicate that such an arrangement
would produce as efficient service as a department under the su-
pervision of the county manager except, perhaps, in a state with
18 A statewide medical examiner service would be the better agency for exer-
cising the coroner's traditional function. A properly qualified state medical ex-
aminer could select and train physicians at convenient points to determine causes
of unattended deaths, to issue death certificates and to refer cases as may be nec-
essary to the centrol laboratory for autopsy. See National Municipal Leagues Model
State Medico-legal Investigative System, 1954, 40 pages, 50 cents, also Model Post-
mortem Examiners Act, National Conference of Commissioners on Uniform State
Laws, Chicago, 1954, 9 pages.
19 See National Municipal League's Coroners in 1953A Symposium of Legal Bases
and Actual Practices (mimeographed), 93 pages, $2.00.


Introduction
XXXI
an integrated court system and a strong office to supervise the ad-
ministration of the affairs of all the courts.
The relation between school management and general county
administration varies widely among the states.20 In the south the
county is commonly the basic unit for school administration and
in a number of other states it is used for general school supervi-
sion. Even where the county is the unit, the administration of the
school system is generally controlled by a separate board of edu-
cation. In the south, however, the schools usually are tied in finan-
cially with the county government, and the school budget is re-
viewed by the county board and financed from county tax levies.
In general, closer relationships between county government
and county school administration are to be encouraged. A better
balanced program of local government can more readily be ob-
tained where the county school budget is a part of the general
county budget. Consideration may well be given to placing under
the county manager the business functions of the county school
system, such as purchasing of non-educational supplies, financial
administration and building maintenance and construction, thus
enabling the school officials to concentrate completely on educa-
tional activities. In any event, the door should be open for volun-
tary agreements between the board of education and the county
board by which such services can be performed by the county ad-
ministrative agencies.
The Models article on financial procedures (Article V) is in-
tended to facilitate employment of the most effective methods of
fiscal planning, control and management. The specific provisions
of the Model will need to be reviewed carefully in the light of ap-
plicable state law.
The central feature of the system of fiscal control provided for
is the annual budget with which is associated a capital program
detailed as to the ensuing year and projected over a five-year
period.
Primary responsibility for preparation and submission of both
the budget and the capital program rests with the manager. He is
directed to obtain and review estimates from the various county
agencies and would have the assistance of the director of finance
where he did not serve in that capacity himself. The budget is in-
tended to be a complete financial plan for the current operations
20 See The Forty-eight State School Systems, Council of State Governments, Chi-
cago, 1949, 245 pages.


XXX11
Introduction
of the county and its departments, offices and agencies in the en-
suing fiscal year, showing all funds and reserves. Proposed ex-
penditures, appropriations and revenues must be equal in amount.
The manager is directed to explain the budget both in fiscal terms
and in terms of work to be done. The budget proposed by the man-
ager must be published and submitted to a public hearing before
action by the council which is to make appropriations in lump
sums which need not be itemized further than by departments,
offices and agencies and their major divisions, and by principal
objects.
The provisions for the capital program are designed to force
long range planning of capital improvements and to provide for a
workable relationship between the annual budget and financing
of capital programs extending over a period of years. If the exist-
ing state law regulating borrowing by counties for capital im-
provements is inadequate, the county charter should include fur-
ther provisions on this subject.
The Model includes conservative provisions for supplemental
and emergency appropriations and for reduction and transfer of
appropriations during the fiscal year.
The county council is directed to provide for an annual inde-
pendent audit of the financial transactions of every county depart-
ment, office and agency. Either the council or the manager may at
any time order a special examination or audit of the accounts of
any agency.
Other provisions for the maintenance of a general accounting
system for the county and all of its departments and agencies and
for administration of the budget and the fiscal affairs of the coun-
ty are included in Article IV and are to be carried out through the
department of finance. The department of finance is also directed
to assess property for taxation and collect all taxes and special
assessments. Each county officer and employee is directed to
pay in to the county treasurer to the credit of the county all fees
and other moneys received by him for, or in connection with, the
business of the county. This would put an end to the so-called
fee system which still prevails in many counties.
There has been a growing realization of the importance of
strengthening county planning facilities and programs in rural
as well as in urban or metropolitan counties. The spreading out of
population, industry and commercial developments without re-
gard to municipal boundaries has made it imperative to do a cer-


Introduction
xxxm
tain amount of planning over a broader local area than that em-
braced in a single municipality and to provide full scale planning,
subdivision regulation and zoning services in unincorporated
areas In many cases the county is the only jurisdiction short of
the state available ^perform these functions. The planning article
of the Mode* therefore, designed to enable the county, without
- usurping workable municipal planning and zoning functions, to
pro;ue for orderly planning for the physical development of the
county as a whole and tor appropriate regulation of land use.
In line with the lates t tinking regarding organization for plan-
ning, the planning powc >rs t the county are vested directly in the
county council rather th, ann a separate planning commission.21 A
strong planning-;adt^soiy committee is provided for, however.
This committee is entitled to an opportunity to consider and advise
on any proposed planning action before it is taken by the council.
It may also take the initiative in making planning proposals and
in p irofloting public information on and interest in planning mat-
Jftrs byholding public gearings and in other ways.
The Aodel provides tliat the chief planning officer of the county
shall bea l>fciniiing)ffirector appointed by the manager with the
approval of thef comty council.
'One important iuty of the planning director is to cooperate
with the manager in the preparation of the capital program. In
order to facilitate effective and harmonious planning of the county
and of the municipalities within it, the county council is author-
ized to request that proposed municipal plans, zoning ordinances,
subdivision regulations and the like be submitted to the countys
director of planning for his advice thereon. By the same token any
county planning proposals must be submitted to any municipality
whether in or outside of the county, which may, in the councils
opinion, be affected thereby.
The planning director is instructed to cooperate in every way
possible with municipalities within the county, with state and
regional planning agencies and with municipal or county plan-
ning agencies in other counties. Provision is also made for supply-
ing technical planning services to any municipality upon agree-
ment between the council and the governing body of the munic-
ipality. Thus a great deal of emphasis is placed upon the inter-
governmental aspects of planning.
21 The Planning Function in Urban Government, by Robert A. Walker. University
of Chicago Press, 1950, 410 pages.


XXXIV
Introduction
1_______________________
One of the most important questions about any charter or con-
stitution is how it may be kept up to date. This question has two
aspects. One relates to the procedures for textual amendment.
The other relates to the charters inherent flexibility, the extent
to which by interpretation and application iU provisions may be
adapted to changing conditions and requirements.
The Model provides that amendments may be submiv.^ j-0 the
voters by a charter commission in a manner provided by law, w,v
the county council or by an initiated petition.
The Model is intended, however, to provide a sufficiently flex-
ible basis for the government of a county to make frequent amend-
ments unnecessary. While it pins down certain basic principles
of representative government, responsibly ad hiiusAration and
sound procedure, it is in no sense a bid fpr uniformity in county
government. It is designed to promote, not to discourage, experi-
mentation and fruitful diversity in operat|on- Most countes mov-
ing from their present charters to a charte/1, based substanially on
the Model would discover that they haq acquired a geat dea;l
more freedom of maneuver and a much wider choice >f useful
means for the accomplishment of broadene- ^bje fctivft? .han they
had ever known before. J
The point has already been made that, in order to make the
Model as serviceable as possible to persons drafting charters for
counties of different sizes and characteristics, it includes not only
certain alternative provisions but also other provisions which will
need to be examined with a view to determining their utility or
applicability in any given county. In the latter category for ex-
ample, a county in which there is no unincorporated territory
would need to eliminate such references as that in section 2.02 (5)
to investigation of the affairs of any unincorporated township or
district. A county well served by a county-wide newspaper might
provide simply for publication of ordinances and budgets in the
paper in the usual manner instead of adopting the more elaborate
but generally less expensive provisions for publication in section
2.08D. In many counties the stipulation in section 2.01C (2), that
no person who had been elected to the county council could be
eligible for any paid county administrative office or portion until
one year after the expiration of the term for which he had been
elected, would be unnecessarily restrictive. Yet there are other
counties in which the political tradition is such that some prohibi-
tion of this sort would have a salutary effect upon the stakes for


Introduction
XXXV
which county politics is ^conducted. Anyone using the Model will
discover other examples of this nature.
Special attention was given in the drafting of the Model to re-
fining a number of more or less standard provisions which if not
carefully drawn may cause unnecessary difficulties. Many char-
ters are particularly weak in the provisions designed to relate the
charter Jo existing law and to facilitate transition from an old to a
new basis for government. Perhaps, more than almost any other
part of a charter, that containing temporary and transitional pro-
visions needs to be tailored to existing law and organization. Con-
sequently model provisions must of necessity be somewhat
sketchy and incomplete. Article X of the Model is designed to call
attention to matters that must be considered and to provide a
basic pattern which may be followed in developing a correspond-
ing article in an actual charter. Care in the preparation of this
article will pay off in a number of ways, including the disarming
of arguments against the Models adoption based upon fear of its
immediate effects upon personnel and the processes of county
government. It can also save the county many times the value of
the effort spent on it by reducing the danger of costly litigation
and administrative confusion.
It is not possible here to call attention to all the provisions of
the Model that have been worked over with a view to finding lan-
guage that will avoid some of the problems that develop in their
application. These include provisions having to do with the rela-
tion between the annual budget and the appropriations which
legally implement it as well as the relations between the budget
and the long term capital program. They also include a number of
old charter standbys. Section 2.03A, for example, which is de-
signed to maintain the integrity of the managers powers of ap-
pointment and removal, has been worded so as to avoid the impli-
cation that has been read into some provisions on this subject that
the manager may not even discuss appointments and removals
with the council. The Model provision that neither the council nor
its members shall in any manner dictate appointments or re-
movals should make clear that the responsibility belongs to the
manager without making it appear to be a violation of the charter
for the council and manager to consult together with respect to
such matters. Similar care was taken in the wording of section
9.02 regarding the personal financial interest of a county officer or
employee in certain transactions of the county. The Model provi-


XXXVI
Introduction
sion seeks to avoid the rigid language Which in some laws and
charters would seem to disqualify an officer or employee who
owned a single share of stock in some large corporation from
which the county purchases standard supplies or services.
The Model County Charter has been prepared to assist citizens,
county officials and state legislators who wish to iacilit&te the
strengthening and modernizing of county government by improv-
ing the basic laws under which they operate. The document is
addressed primarily to those who are undertaking a rather con,,
prehensive job of drafting or revising a county charter or state
statutes dealing with county government law. Many of its provi-
sions, however, will prove useful to persons working for quite lim-
ited or specific improvements in county charters or laws.
It is hoped that the Model may make a genuine contribution to
the effort to resolve problems of metropolitan government. There
are a considerable number of metropolitan areas roughly cotermi-
nous with existing counties in which stronger county government
is the most promising immediate answer to the need for respon-
sible area-wide metropolitan government. The rise of the county
as an instrumentality of metropolitan government has been evi-
denced by the transfer of functions from the municipal to the
county level, by the increasing number of municipal services pro-
vided by the county to unincorporated areas, and by the provi-
sion of these services to incorporated municipalities on a contrac-
tual basis. Los Angeles County has emerged as an outstanding ex-
ample. Its program of municipal services is so all inclusive that
the incorporated city of Lakewood (population 71,000) and several
other recently incorporated municipalities obtain all their serv-
ices from the county on a contractual basis. All municipalities in
the county have either formal or informal agreements with the
county. Tax assessment and collection and health administration
are provided by the county for most municipalities.22
Victor Jones, among the foremost authorities on metropolitan
government, has stated:23
Metropolitan Los Angeles has almost the kind of metropolitan
government that other metropolitan communities are groping
for. After further consolidation of a few functions, particularly
22 Metropolitan Los Angeles: A Study in Integration, (XV, Intergovernmental Re-
lations), Haynes Foundation, Los Angeles, 1954, 160 pages. (Pages 59-88.)
23 Six Functions in Search of a Government, Public Administration Review,
Winter 1956, page 58.


Introduction
xxxvn
those now handled few special districts, there will be in fact a
two-tier government/ It will not be so tidy as a textbook, but
metropdrtanJunctions will be on a county-wide basis and other
function *fvill remain with the municipalities and, in unincor-
porated fringes, with their equivalents.
Jones maintains that there are five reasons why attention
should be given to developing the county into the central agency
of local government in some metropolitan areas:24
1. The urban and metropolitan county is already assuming
functions that can be distinguished only by legal definition from
municipal functions.
2. Other means of integrating local government in metropoli-
tan areas have either been inadequate or have evoked intense
opposition.
3. The county has shown a persistent vitality even in urban
communities, despite the often repeated assertion that it is
doomed to disappear as a unit of local government. Difficult as
it may be, it would be easier to reconstitute the county than to
abolish it.
4. The central county, short of an area-wide unit of govern-
ment, is more likely than any other jurisdiction to include all,
or at least the major portion, of the metropolitan area. The solu-
tion sought is one that will bring as large a part as possible of
the metropolitan population and area under an integrated gov-
ernment.
5. A federal form of metropolitan government can be built
around the county and the municipalities [within the county].
Even in metropolitan areas embracing several counties there is
reason to believe that strong county governments in which the
people have substantial confidence may provide a more viable
basis for some form of metropolitan federation or metropolitan-
wide intergovernmental cooperation than the more numerous and
more diverse municipal units. It is significant that Mayor Robert
F. Wagner of New York found it necessary to rely mainly on rep-
resentation of suburban areas by county officers in order to secure
representation of all parts of the New York metropolitan area in
24 The Future of Cities and Urban Redevelopment, edited by Coleman Woodbury,
University of Chicago Press, 1953, 764 pages. (Pages 592-3.)


XXXV111
Introduction
an informal consultative conference ass *d for the first time
in June 1956. ................ .
It has already been observed that there is evlduJDce of a mount-
ing belief in the American county and a growing interest in pre-
paring county governments to meet greater responsibilities. One
of the most encouraging factors in the situation is the new faith
that county officials themselves are displaying in the importance
of their place in our governmental system. The National Associa-
tion of County Officers is taking an active part through its monthly
publication, The County Officer, and in other ways in the effort to
strengthen and justify that faith. The Model County Charter is
offered as a contribution to the same cause.
AUTHORS NOTE:
The author wishes to acknowledge his very great debt to a
number of persons who contributed to the substance and the
wording of this Introduction. Most important is the contribution
of the late R. C. Atkinson, some of whose language is incorporated
in the first several pages. Considerable use was also made of drafts
by Richard S. Childs and Samuel K. Gove. Other members of
the Leagues staff as well as some of the correspondents listed
in the Foreword will also find that free use has been made not
only of their ideas but also of their language.
John E. Bebout
Assistant Director,
National Municipal League
J. E. B.


Model County Charter
WE, THE PEOPLE OF____________________COUNTY, in the state
of____________________, in accordance with article_____of
the constitution and other laws of the state of__________
do adopt as our charter and form of government this
Charter of____________________________County,
State of______________________________________
1


Article I
POWERS OF THE COUNTY
Section 1.01. Powers of the County.
Section 1.02. Exercise of Powers.
Section 1.01. Powers of the County.1
------------County shall have all powers possible for a county
to have under the constitution and laws of the state of___________
These powers shall include, but shall not be restricted to or by,
the following: all powers now or hereafter given by the consti-
tution or other laws, and all other powers not prohibited by such
constitution or by this charter, to_________County or its depart-
ments, offices or agencies, or to counties or county departments,
offices or agencies; and all powers necessary and proper to carry
into execution other powers of______________ County. The county
shall have all such powers as fully and completely as though they
were specifically enumerated in this charter; and no enumera-
tion of powers in this charter shall be deemed exclusive or re-
strictive.1 2
Section 1.02. Exercise of Powers.
All powers of the county shall be carried into execution as pro-
vided by this charter, or, if the charter makes no provision, as
provided by ordinance or resolution of the county council.3
1 It is recognized that in some states counties are declared to be bodies corporate
and politic. In adapting the Model, the draftsman should consult state law con-
cerning the status of counties with respect to incorporation. If state law permits,
and if the powers of the county are enhanced by declaring it to be a municipal cor-
poration, the appropriate terms should be included in this section. See Introduction,
page xii.
2 This section has been drafted merely as a guide to highlight the importance of
claiming all powers available and to forestall, if possible, any narrow construction
of powers. Certain special and sometimes neglected types of powers, which are in-
tended to be included within the general grant of section 1.01, should be mentioned
if the powers are to be enumerated rather than incorporated by reference as is
done in section 1.01. These would include: (1) powers transferred to the county by
any municipality or other governmental unit within the county, (2) powers of a
county over its unincorporated territory, similar to those of a municipal corporation
over municipal territory, in so far as legally possible, and (3) powers given any
other county and not prohibited to ........ County.
3 As used in this charter, the word ordinance denotes the kind of formal enact-
ment promulgated by city councils, but it conveys no substantive power. Ordinances
are distinguished from resolutions in this charter for the purpose of classifying acts
of the council which it is believed should be adopted only after publication and op-
portunity for public hearing.
2


Article II
COUNTY COUNCIL
Section 2.01.
Section 2.02.
Section 2.03.
Section 2.04.
Section 2.05.
Section 2.06.
Section 2.07.
Section 2.08.
Section 2.09.
Section 2.10.
Section 2.11.
Composition; Terms, Qualifications and Compen-
sation of Members.
Powers of the County Council.
Restrictions on County Council and Council Mem-
bers.
Organization: Officers, Clerk.
Procedure: Meetings; Rules and Journal; Voting.
Acts Required to Be by Ordinance.
Form of Ordinances.
Ordinance Procedure.
Emergency Ordinances.
Codes of Technical Regulations.
Recording; Codification; Printing.
Section 2.01. Composition; Terms, Qualifications and Compensa-
tion of Members.
A. There shall be a county council of_________________________
County, state of____________________________, composed of ________
members.1
B. Members of the council shall be elected [by districts and]
at large, as provided in article VII of this charter, for terms of
______years beginning the____________day of___________after their
election; but members shall continue to serve until their succes-
sors have been elected and have taken office.1 2
C. (1) No person shall be eligible to be elected to or to hold the
1 The number of members may vary from county to county depending on the size
and diversity of interests to be represented. Although no set rule can be established,
there should be at least five members in all counties, but not more than nine in any
except the largest counties.
2 The italicized matter in brackets is applicable only where the council is to be
elected on a mixed basis, i.e., by districts and at-large. The terms of the members
may be for either two or four years depending on local considerations or practices.
3


4
County Council
Art. II
office of member of the council unless he is a qualified voter of
the county. If a member ceases to be a qualified voter of the county
or is convicted of a crime involving moral turpitude, he shall im-
mediately forfeit his office.
(2) No member, former member or member-elect of the council
shall be appointed to any paid county administrative office or paid
county position during the period beginning with the date of
his election to the council and ending not less than one year after
the expiration of the term for which he was elected to the council.
D. The council shall be judge of the qualifications of its mem-
bers and for that purpose shall have power to subpoena witnesses,
take testimony and require the production of records. Decisions
made by the council in the exercise of powers granted by this sub-
section shall be subject to review by the courts.
E. The council may determine the amount of the annual salary
of its members by ordinance; but no such ordinance may increase
the annual salary received by any member (a) for the term of of-
fice during which the ordinance is adopted or (b) for the succeed-
ing term when such succeeding term follows adoption of the ordi-
nance by less than six months. Members of the council shall re-
ceive their actual and necessary expenses incurred in the per-
formance of their functions.3
Section 2.02. Powers of the County Council.
The county council shall be the policy-determining body of the
county. Except as otherwise provided by the constitution of the
state of__________________., or by this charter, the council shall
have all the powers of the county. Without limitation of the fore-
going grant or of other powers given it by this charter, the coun-
cil shall have power:
(1) To appoint and to remove the county manager;
(2) To establish county departments, offices or agencies in ad-
dition to those created by this charter; and to prescribe the func-
tions of all departments, offices and agencies except that no func-
3 In general, salaries of county council members should be nominal. It is doubtful
that substantial salaries will attract better members. On the contrary, experience
suggests that a generous salary is apt to attract candidates who are interested more
in the income than in county affairs and the opportunity for public service. As the
charter relieves the members of purely administrative functions, it should substan-
tially reduce the demands upon their time. Too large a salary would encourage
council members to think of their positions as full time jobs with administrative as
well as policy-making duties.


Art. II
County Council
5
tion assigned by thifc charter to a particular department, office or
agency may be discontinued or, unless this charter specifically
so provides, assigned! to any other;1
(3) Subject to tlhe limitations provided by law, to levy taxes
and special assessments and to borrow money;4 5
(4) To make appropriations for county purposes;
(5) To make investigations of the affairs of the county, or of
any unincorporated township or district of the county, and to make
inquiries into the conduct of any county department, office or
agency, and, for the purpose of investigation or inquiry, to sub-
poena witnesses, administer oaths, take testimony and require
the production of evidence of any other kind; and if, in any inves-
tigation or inquiry by the council or a grand jury or in any criminal
proceeding wherein he is a defendant or is called as a witness for
the prosecution, a person who holds or has held any county office
or position is properly called or requested to give testimony or to
produce evidence of any other kind upon matters relating to his
office or position, and if such person (a) refuses to give the testi-
mony or produce the evidence on the ground that it may tend to
incriminate him or (b) as regards such testimony or evidence, re-
fuses to waive his immunity with respect to later prosecution,
penalty or forfeiture, he shall be disqualified from holding any
county office or position for a period of five years after the re-
fusal, and, in addition, if he holds any county office or position at
the time of the refusal, he shall be removed therefrom immedi-
ately by the appropriate authority or shall forfeit the same at the
suit of the county;6 8 and any person who fails or refuses to obey a
lawful order issued in the exercise of these powers by the council
shall be guilty of a misdemeanor and shall be punishable by a fine
4 Charter commissions may feel it is desirable to require the council to adopt an
administrative code. This Is simply a comprehensive ordinance or code of ordinances
in which the council incorporates the details of the countys administrative organiza-
tion, administrative procedures and rights of persons in their dealings with the ad-
ministration. Further information may be found on pages 25-27 of the National
Municipal Leagues Guide for Charter Commissions, 1952, 44 pages, 75 cents.
5 Charter commissions may wish to add provisions concerning borrowing for capital
improvements. The extent to which such provisions are needed will depend on the
adequacy of the general laws of the state on the subject. See Article V of the National
Municipal Leagues Model City Charter (173 pages. $1.50) on borrowing for capital
improvements and the Leagues Model County and Municipal Bond Law (54 pages,
$1.00.)
8 This provision has been adapted from a suggested act prepared by the Council
of State Governments entitled An Act Relating to Testimony of Public Officials Re-
garding Conduct in Office. See Suggested State LegislationProgram for 1951 page
88, Chicago, November 1950.


6
County Council
Art. II
of not to exceed $..........., or by imprisoiliment for not to ex-
ceed ........................., or both;_I
(6) To enter into bilateral or multilateral! contracts with ad-
joining counties and with governmental unit:* within or contigu-
ous to the boundaries of the county for joint [performance or for
performance by one unit, in behalf of the other or others, of any
function or activity which the county is authorized to perform;
(7) To require periodic and special report^, concerning their
functions, from all county departments, offices and agencies; and-
such reports, in the case of departments, offices and agencies sub-
ject to the direction and supervision of the manager, shall be sub-
mitted by and through the manager; and
(8) To provide for an independent audit of the finances of the
county.
Section 2.03. Restrictions on County Council and Council
Members.
A. Neither the county council nor any of its members shall in
any manner dictate the appointment or removal of any county
employees or appointive county administrative officers by the
county manager or any of his subordinates.
B. Except for the purpose of inquiries under section 2.02(5), the
council or its members, in dealing with county employees, or
with county officers who are subject to the direction and super-
vision of the manager, shall deal solely through the manager, and
neither the council nor its members shall give orders to any such
employee or officer either publicly or privately. Any willful vio-
lation of the provisions of this subsection by a member of the
council shall be sufficient grounds for an action for his removal
from office brought in a court of competent jurisdiction.
Section 2.04. Organization: Officers, Clerk.
A. The county council shall elect from among its members a
chairman and a vice chairman, each of whom shall serve at its
pleasure. The chairman shall preside at council meetings. If at any
meeting the chairman is not present or is unable to act, the vice
chairman shall preside at that meeting.
B. The county manager or some other person designated by
him shall serve as clerk of the county council, unless the council
elects another person as clerk. Under the supervision of the coun-
cil, the clerk shall:


Art. II
County Council
7
(1) Give due notice of the time and place of council meetings
to council members and to the public;
(2) Keep the journal of council proceedings;
(3) Procure for the council any required publication of no-
tices, ordinances, resolutions or charter amendments;
(4) Maintain and make available for public inspection an in-
dexed file containing copies of: the _____________ County Code,
this charter, every adopted ordinance, resolution, rule, regula-
tion and code of regulations, and every adopted amendment or
modification of any of the foregoing;
(5) Perform the duties assigned him by any of the provisions
of this charter; and
(6) Perform such other duties as the council may prescribe.
Section 2.05. Procedure: Meetings; Rules and Journal; Voting.
A. The county council shall meet regularly at least once in
every month at such times and places as the council may prescribe
by rule. Special meetings may be held on the call of the chairman
or of_____________7 or more members and, whenever practicable,
upon no less than twelve hours effective notice to each member.
All meetings shall be public.
B. The council shall determine its own rules and order of busi-
ness and shall provide for keeping a journal of its proceedings.
This journal shall be a public record.
C. Voting, except on procedural motions, shall be by roll call
and the ayes and nays shall be recorded in the journal._________7
members of the council shall constitute a quorum, but a smaller
number may adjourn from time to time and may compel the at-
tendance of absent members in the manner and subject to the
penalties prescribed by the rules of the council. No action of the
council shall be valid or binding unless adopted by the affirmative
vote of_____________7 or more members of the council.
Section 2.06. Acts Required to Be by Ordinance.
A. In addition to such other acts as this charter or any other
provision of law requires to be by ordinance, those acts of the
county council shall be by ordinance which:
(1) Establish, alter or abolish any county department, office
or agency;
7 This should indicate the number of members, depending on the size of the coun-
cil as established in section 2.01, that would constitute a majority of those elected.


8
County Council
Art. II
(2) Fix the compensation of members of the council;
(3) Provide for a fine or other penalty or establish a rule or
regulation for violation of which a fine or other penalty is im-
posed;
(4) Levy taxes, except as otherwise provided in article V with
respect to the property tax levied by adoption of the budget;
(5) Make supplemental appropriations or transfer appropria-
tions as provided in article V;
(6) Grant, renew or extend a franchise;
(7) Regulate the rate charged for its services by any public
utility;
(8) Authorize the borrowing of money;
(9) Convey or lease, or authorize the conveyance or lease of,
any lands of the county;
(10) Adopt or modify the official map, platting or subdivision
controls or regulations, or the zoning plan;
(11) Are adopted in execution of a contract or agreement with
a municipal corporation, or in exercise, over unincorporated ter-
ritory, of the powers of a municipal corporation,8 and are of such
a kind that a municipal corporation adopting them would have
had to proceed by ordinance;
(12) Adopt with or without amendment ordinances proposed
under the initiative power;
(13) Amend or repeal any ordinance previously adopted, ex-
cept as otherwise provided in article VIII with respect to repeal
of ordinances reconsidered under the referendum power; or
(14) Propose amendments to this charter.
B. With regard to acts other than those referred to in subsec-
tion A of this section, procedure by ordinance or by resolution
may be proper.
Section 2.07. Form of Ordinances.
A. Every ordinance shall be introduced in writing and in the
form required for final adoption. As introduced and considered
and when officially published in other than summary form be-
fore adoption, any ordinance which repeals or amends an exist-
ing ordinance or existing part of the ___________ County Code
and which does not embody a general codification or standard
code of technical regulations shall set out in full such sections or
& See also section 2.02(6) and footnote to section 1.01.


Art. II
County Council
9
subsections as are to be repealed or amended; and it shall indicate
any matter to be omitted by enclosing the same in brackets or by
strikeout type, and shall indicate any new matter by underscoring
or by italics.
B. The enacting clause of all ordinances shall be ______________
County hereby ordains:.
Section 2.08. Ordinance Procedure.
A. Except as otherwise provided in this charter, the procedure
set out in this section shall govern the enactment of all ordi-
nances.
B. An ordinance may be introduced by any member or com-
mittee of the county council or by the county manager at any
regular or special meeting of the council. Upon introduction of
any ordinance, ________ or more copies thereof shall be furnished
to the clerk, who shall immediately distribute at least one copy
each to the council members and to the manager. After an ordi-
nance has been introduced and unless it is rejected at the same
meeting by the affirmative votes of not less than two thirds8 9 of
the council members, the council shall promptly cause the ordi-
nance to be published together with a notice setting out the time
and place for a public hearing on the ordinance and for its con-
sideration by the council. The public hearing on any ordinance
not rejected shall follow the required publication by at least one
week, and it may be held separately or in connection with a reg-
ular or special council meeting and may be adjourned from time
to time. At the public hearing held in accordance with the notice,
copies of the ordinance shall be distributed to all persons present
who request them, or, in the alternative, the ordinance shall be
read in full; and all persons interested shall have an opportunity
to be heard. After the hearing, the council shall consider the or-
dinance and may adopt it with or without amendment or reject
it. But if upon consideration the council amends the ordinance
as to its substance, it may not adopt the amended ordinance until
such ordinance or its amended sections have been published and
until such ordinance has been subjected to hearing and to all other
procedures required in the case of a newly introduced ordinance;
and the same procedures shall govern if the amended ordinance
8 This provision avoids the expenditure of time and money in publishing and hold-
ing hearings on proposed ordinances that stand no chance of serious consideration
by a majority of the council. The provision is based on language In Section 410 of
the Richmond, Va. city charter.


10
County Council
Art. II
is again amended as to its substance. As soon as practicable after
adoption of any ordinance, the council shall cause it to be printed
as provided in section 2.11C and published.
C. Except as otherwise provided in this charter, every adopted
ordinance shall become effective at the expiration of thirty days
after adoption or at any later date specified therein.
D. As used in this section, the term published means:
(1) That at least a brief summary of the ordinance or sec-
tions concerned, together with any required notice, has been pub-
lished in one or more newspapers of general circulation in the
county;
(2) That copies of the ordinance or sections concerned, to-
gether with any required notice, have been mailed to the same
newspapers and, in accordance with council regulations, to addi-
tional newspapers of general circulation in the county;
(3) That copies of the ordinance or sections concerned, to-
gether with any required notice, have been posted conspicuously
for public inspection at the county seat and at seats of municipal
government in the county; and
(4) That a reasonable number of copies of the ordinance or
sections concerned have been made available (a) for distribution
to interested persons on request or (b), in the case of an adopted
ordinance printed pursuant to section 2.11C, for sale to such per-
sons.10
Section 2.09. Emergency Ordinances.
A. To meet a public emergency affecting life, health or prop-
erty, the county council may adopt one or more emergency ordi-
nances; but such ordinances may not be used to levy taxes; grant,
renew or extend a franchise; regulate the rate charged by any
public utility for its services; or authorize the borrowing of money.
B. Every emergency ordinance shall be plainly designated as
such and shall contain, after the enacting clause, a declaration
stating that an emergency exists and describing the claimed
emergency in clear and specific terms. Except as thus indicated,
it shall be introduced in the form and manner prescribed for or-
dinances generally. An emergency ordinance may be considered
10 There are two reasons for these rather elaborate publication requirements: (1)
They should be far less expensive than full publication of the ordinance in a news-
paper; (2) They should greatly increase the likelihood that ordinances will come to
the attention of interested persons, which, after all. is the purpose of any publica-
tion requirement.


Art. II
County Council
11
and may be adopted with or without amendment or rejected at
the meeting at which it is introduced. The affirmative vote of all
council members present, or the affirmative vote of three-fourths
of those elected, shall be required for adoption of such an ordi-
nance. After adoption of an emergency ordinance, the council
shall cause it to be printed and published as prescribed for other
adopted ordinances. An emergency ordinance shall become effec-
tive upon adoption or at such later time, preceding automatic re-
peal under subsection C, as it may specify.
C. Every emergency ordinance, including any amendments
made therein after its adoption, shall automatically stand re-
pealed as of the sixty-first day following the date on which it was
adopted.
Section 2.10. Codes of Technical Regulations.11
The county council may adopt any standard published code of
technical regulations in a single ordinance which shall be gov-
erned, except as otherwise provided in this section, by the pro-
cedure and requirements prescribed for ordinances generally.
Upon introduction of the ordinance, the council promptly shall
cause at least five copies to be made available for public inspec-
tion and shall cause to be published, by the means indicated in
section 2.08D and together with the notice of hearing, a notice
setting out the purpose of the ordinance and the time and place
at which it is available for public inspection. No other publica-
tion shall be necessary before adoption, unless after the hearing
the ordinance is amended as to its substance. If it is so amended,
and also in the event of any later such amendment before adop-
tion, the amended sections shall be made available for inspection
and notices published as earlier provided herein, and the ordi-
nance as amended shall be subjected to hearing and to all other
procedures as though newly introduced. Neither the ordinance
nor any of its amendments need be distributed to the public or
read in full at the hearings thereon. Publication after adoption
shall be by notice declaring such adoption and published by the
means indicated in section 2.08D; and the adopted code shall be
sold to the public in such form and at such reasonable price as the
council may direct.
ll This section provides a simplified procedure for the adoption of standard codes
of technical regulations. The even simpler procedure of "adoption by reference"
was rejected as not insuring adequate consideration by the council or the public
before adoption.


12
County Council
Art. II
Section 2.11. Recording; Codification; Printing.
A. Each ordinance and resolution after adoption shall be given
a serial number and, together with the date of adoption and the
designation of the adopting authority, shall be entered by the
clerk of the county council in a properly indexed book kept for
that purpose.
B. Within three years after adoption of this charter, the county
manager, with the advice and assistance of the legal advisor, shall
cause to be prepared a general codification of all county ordi-
nances and resolutions having the force and effect of law. For
this purpose the manager is authorized to employ such qualified
persons as he deems necessary; and the council shall make ap-
propriate provision therefor in adopting the budget. The general
codification thus prepared shall be adopted by the council in a
single ordinance. This ordinance shall be subject to the same
procedures and requirements as an ordinance embodying a stand-
ard code of technical regulations; but no amendments may be
made before adoption except to correct errors or omissions in the
codification, and such corrective amendments may be made with-
out additional publication or hearings. After adoption of the or-
dinance and publication of the required notice of its adoption,
the council shall cause the adopted codification to be published
immediately in bound or loose-leaf form, together with: this char-
ter and any amendments thereto; pertinent provisions of the con-
stitution and other laws of the state of____________; and such rules
and regulations as the council may direct. This compilation shall
be known and cited officially as the_____________County Code. The
code shall be furnished to county officers and sold to the public
at a reasonable price fixed by the council. Such a code shall be
prepared, adopted, published and distributed as above provided
at least every ten years.
C. The council with the advice and assistance of the legal
advisor shall cause each ordinance and resolution having the
force and effect of law and each amendment to this charter to be
printed as promptly as possible following its adoption; and the
printed ordinances, resolutions and charter amendments shall be
sold to the public at reasonable prices to be fixed by the council.
Following adoption and publication of the first ___________________
County Code and at all times thereafter, the ordinances, resolu-
tions and charter amendments shall be printed in substantially
the same style as the code currently in effect and shall be suitable


Art. II
County Council
13
in form for integration therein. The council shall make such
further arrangements as it deems desirable with respect to re-
production and distribution of any current changes in or addi-
tions to the provisions of the constitution and other laws of the
state of____________or the rules and regulations included in the
code.


Article III
COUNTY MANAGER
Section 3.01.
Section 3.02.
Section 3.03.
Appointment and Removal of the County Manager.
Powers and Duties of the County Manager.
Functions under Direction and Supervision of
County Manager.
Section 3.01. Appointment and Removal of the County Manager.
A. The county council shall appoint a county manager for an
indefinite term and fix his compensation. He shall be appointed
solely on the basis of his executive and administrative qualifica-
tions and need not be a resident of___________________County or of
the state of_________________________________at the time of his ap-
pointment. However, after the time of his appointment, he may
reside outside the county only with the approval of the council.
B. The council may remove the manager from office at pleasure
in accordance with the procedures set out in this subsection. To
do this, the council first shall adopt a preliminary resolution stat-
ing the reasons for removal of the manager and immediately
thereafter shall give the manager a copy of the resolution. By
this preliminary resolution of removal, the council may suspend
the manager from duty for a period not to exceed thirty days. If
the manager so requests in writing, a public hearing on the re-
moval shall be held at a council meeting convened or occurring
before the date of the final vote on removal and at least twenty
days after adoption of the preliminary resolution. The council
shall not adopt a final resolution of removal until at least five days
after adoption of the preliminary resolution; and if the manager
before that time requests a public hearing, the council shall not
adopt a final resolution of removal until after a public hearing
has been held. Immediately after adoption of the final resolution,
the council shall cause the manager to be paid any unpaid balance
of his salary together with his salary for the next three calendar
months following adoption of the preliminary resolution. The ac-
tion of the council in suspending or removing the manager shall
not be subject to review by any court or agency.
C. By letter filed with the clerk of the council, the manager may
14


Art. Ill
County Manager
15
designate a qualified county administrative officer or county em-
ployee to exercise the powers and perform the duties of manager
during the managers temporary absence or disability. If the man-
ager fails to make such a designation, or if there is a vacancy in
the office of manager, or if the manager is suspended, the council
shall designate by resolution a qualified county administrative
officer or county employee to perform the duties of the manager
during his temporary absence, disability or suspension or during
the vacancy in the office of manager.
Section 3.02. Powers and Duties of the County Manager.
The county manager shall be the chief administrative officer of
the county. He shall be responsible to the county council for the
proper administration of all county affairs placed in his charge by
or under this charter. The manager shall:
(1) Except as otherwise provided by the constitution of the
state of_________________________or by this charter, appoint and,
when he deems it necessary for the good of the service, suspend
or remove all county employees and all appointive county admin-
istrative officers,1 provided for by or under this charter; but he
may authorize any appointive county administrative officer to ap-
point, suspend or remove subordinates in that officers depart-
ment, office or agency;
(2) See that all ordinances, resolutions and orders of the
council and all laws of the state subject to enforcement by him,
or by officers who are subject, under this charter, to his direction
and supervision, are faithfully executed;
(3) Prepare and submit the annual budget and capital pro-
gram to the council and execute the budget and capital program
in accordance with appropriations and ordinances adopted by the
council;
(4) Require each county administrative officer to submit a
work program for the ensuing fiscal year showing the requested
allotments of the appropriations for his department, office or
l The charter commission may find it necessary to conform certain provisions of
its charter to state law affecting certain independently elected officers. This is most
likely to be the case with respect to provisions affecting employees of such officers
in sections 2.03, 3.02(1), and 4.06. In this connection, the charter commission should
consider whether or to what extent charter provisions on purchasing, personnel,
budgeting, finance, auditing, as well as provisions of Article IX and X should apply
to county judicial officers or any of their operations.


16
County Manager
Art. Ill
agency by fiscal periods within the year; review and, with or with-
out revision, authorize such allotments before the beginning of
the fiscal year; revise such allotments with respect to part or
all of any unencumbered balance therein if at any time during
the fiscal year he deems it desirable or if during the year revision
is needed by reason of supplemental, emergency, reduced or trans-
ferred appropriations; report to the council without delay and
revise such allotments to prevent or minimize any deficit if dur-
ing the year it appears probable to him that the revenues avail-
able will be insufficient to meet the amounts appropriated; file
promptly with the director of finance reports of all his deter-
minations respecting allotments; and the total of the allotments
of any appropriation for a department, office or agency shall not
exceed the amount of such appropriation;
(5) Examine regularly the accounts, records and operations
of every county department, office and agency; make regular
monthly reports to the council on county affairs; keep the coun-
cil fully advised on the financial condition and future needs of
the county and make such recommendations on county affairs as
he deems desirable;
(6) Submit to the council at the end of the fiscal year a com-
plete report on the finances and administrative activities of the
county for the preceding year and prepare and make available
for distribution to the public, within three months after the end
of each fiscal year, an annual report on county affairs during that
fiscal year;
(7) Serve as the purchasing officer of the county, unless the
council on his recommendation assigns this function to the de-
partment of finance or authorizes him to appoint a purchasing of-
ficer, who may or may not be connected with the department of
finance;
(8) Serve as the personnel officer of the county and administer
the county personnel system, unless the council on his recom-
mendation authorizes him to appoint a personnel officer to ad-
minister the system; and
(9) Carry into execution such other powers or duties as are
required by this charter or may be prescribed by the council.


Art. Ill
County Manager
17
Section 3.03. Functions under Direction and Supervision of
County Manager.2
The county manager shall direct and supervise the administra-
tion of the following functions:
(1) The functions of the director of finance;
(2) The functions of the purchasing officer;
(3) The functions of the personnel officer;
(4) The care and custody of county buildings and of all real
and personal property of the county;
(5) The recording of deeds, mortgages and other instruments
and the entry and preservation of any other public records re-
quired by law;
(6) The construction, maintenance and operation of county
roads, bridges, drains, buildings and other public works;
(7) The maintenance of law and order, the apprehension of
offenders, the operation of county correctional institutions and the
custody, care and employment of prisoners;
(8) The care and assistance of the needy, the operation of
county charitable institutions and the performance of other wel-
fare activities;
(9) The conduct of public health activities and the operation
of county hospitals, clinics and sanatoria;
(10) With respect to the administration of the property, fi-
nances and business of public school districts and other govern-
mental units within the county, all functions delegated to the
county by those units with the approval of the council; and
(11) All other functions of the county or of its departments,
offices or agencies, except when prohibited by the constitution
of the state of __________________, and except when such func-
tions are specifically assigned by this charter to any department,
office or agency whose head is not appointed by the manager.
2 This section deals with duties of the county manager and so might be merged
with section 3.02. It is separated because section 3.03 must be tailored to the func-
tions conferred upon counties in each state, whereas section 3.02 will apply in almost
any state.


Article IV
ADMINISTRATIVE DEPARTMENTS.
OFFICES AND AGENCIES; ADVISORS.
Section 4.01. General Provisions.
Section 4.02. Advisors.
Section 4.03. Department of Finance.
Section 4.04. Purchasing Officer.
Section 4.05. County Legal Advisor.
Section 4.06. Personnel System.
Section 4.01. General Provisions.
A. The activities under the direction and supervision of the
county manager shall be distributed among such departments, of-
fices and agencies as are established by this charter or may be
established thereunder by ordinance of the county council.1
B. Each such department, office or agency shall be adminis-
tered by an officer appointed by, and subject under this charter
to the direction and supervision of, the manager. With the con-
sent of the council, the manager may serve as the head of one or
more such departments, offices or agencies; and with council con-
sent he may appoint one person as the head of two or more such
departments, offices or agencies.
C. County administrative officers appointed by the manager
may be suspended or removed by written order of the manager.
The suspension or removal shall take effect upon the signing of
the order therefor; and the manager, upon signing such an order,
shall cause the officer concerned to be served immediately with a
signed copy of the order. If the officer so requests in writing with-
in ten days of the signing of the order, the manager shall fur-
nish him with (a) a clear statement of the grounds for his sus-
pension or removal, or (b) a written notice of the time, not less
than twenty days after the signing of the order, and of the-place
at which he will be given an opportunity to be heard, or (c) both
1 The number of departments should be adjusted to the population and needs of
the county. For a discussion of departments and possible changes in the charter pro-
visions concerning them, see the Introduction, pages xxix-xxxi.
18


Art. IV
Administrative Departments
19
such statement and such notice. If such notice is requested, a hear-
ing shall be held in accordance therewith and shall be public if the
officer concerned so desires. Unless he obtains council approval,
the manager may not suspend an officer from duty for more than
thirty days pending final action. The manager may by written or-
der terminate or revoke any suspension or removal as of such time
and on such terms as he deems proper. A copy of the order, a copy
of any written requests in reply thereto by the officer concerned,
a copy of the notice of any hearing requested, a copy of any writ-
ten order of termination or revocation, and a copy or written entry
of the final action of the manager shall be filed as a public record in
the office of the clerk of the council. The action of the manager in
any such cases shall not be subject to review by any court or
agency.
Section 4.02. Advisors.
The county manager may appoint, from time to time, one or
more qualified citizens to act in an advisory or consultative ca-
pacity to him or to the head of any county department, office or
agency subject to the direction and supervision of the manager.
Section 4.03. Department of Finance.
There shall be a department of finance and at its head a direc-
tor of finance, who shall administer the financial affairs of the
county. The director of finance shall:
(1) Assist the county manager in the preparation and exe-
cution of the county budget and capital program;
(2) Assess property for taxation and apply special assess-
ments levied by the county council;
(3) Collect all taxes and special assessments of the county,
collect all taxes and special assessments of other governmental
units for the collection of which the county is responsible, and re-
ceive all other revenues of the county; and it shall be the duty of
each county officer and employee promptly to pay into the county
treasury to the credit of the county all fees and other moneys re-
ceived by him for, or in connection with, the business of the
county and to render such reports thereon as the director of
finance may require;
(4) Assist the manager and the council in the negotiation of
loans and the issuance and sale of bonds and notes, maintain the


20
Administrative Departments
Art. IV
records of county indebtedness and have charge of the payment
of interest and principal thereon;
(5) Have custody of all public funds belonging to or under the
control of the county, or of any county department, office or
agency, and deposit all such funds in banks or trust companies
designated as depositories by resolution of the council, subject
to the requirements imposed by law as to surety and payment of
interest, which interest shall accrue to the benefit of the public
and shall be credited to the proper fund and account;
(6) Examine all contracts, orders and other documents by
which financial obligations are incurred; and every such docu-
ment shall be subject to his approval but he shall not approve un-
less he first verifies the appropriation, allotment and availability
of funds to meet the obligation concerned and certifies thereto as
provided in section 5.11A;
(7) Disburse all funds in the county treasury; and no money
shall be paid out of the treasury unless he first (a) verifies the ap-
propriation, allotment and availability of funds to cover the claim
concerned and certifies thereto as provided in section 5.11A and
(b) determines that such claim is regular in form, correctly com-
puted and constitutes a legal obligation;
(8) Maintain a general accounting system for the county and
each of its departments, offices and agencies; exercise financial
budgetary control over each department, office and agency; keep a
separate account for each item of appropriation made by the
council, showing the amount of the appropriation, any allotments
of that appropriation, the amounts paid from it, the unpaid obli-
gations against it and the unencumbered balance of the appro-
priation and of any allotments thereof; and require all county
departments, offices and agencies to report and remit all re-
ceipts to him daily or as often as he deems desirable;
(9) Each month submit to the council through the manager
a statement of the revenues and expenditures for the preceding
month and for the fiscal year up to and including the preceding
month; and the statement shall be sufficiently detailed as to ap-
propriations, allotments and funds to show the exact financial
condition of the county and of each of its departments, offices
and agencies;
(10) Submit to the council through the manager at the end of
each fiscal year a report of the financial transactions of that year,


Art. IV
Administrative Departments
21
and a complete statement of the financial condition of the county
at the end of the year; and
(11) Perform such other duties as the council or the manager
may prescribe.
Section 4.04. Purchasing Officer.
A. There shall be a county purchasing officer. The county man-
ager shall serve as purchasing officer unless, pursuant to section
3.02(7) of this charter, the county council assigns this office to the
department of finance or the manager appoints another person to
the office.
B. The purchasing officer shall purchase, store and distribute
all supplies, material and equipment for the county and for its
departments, offices and agencies in the manner, and with such
exceptions, as may be provided by resolution of the council. He
shall establish and enforce suitable specifications and standards
for all supplies, material and equipment to be purchased for the
county; shall inspect all deliveries to determine their quality,
quantity and compliance with these specifications and standards;
and shall accept or reject the deliveries in accordance with the
results of his inspection. He shall have charge of any general
storerooms and warehouses which the council may provide. He
may make transfers of supplies, material and equipment between
county departments, offices and agencies; sell surplus, obsolete,
unused or waste supplies, material and equipment; and make any
other sales authorized by the council.
C. Before making any purchase or sale, the purchasing officer
shall invite competitive bidding under such rules and regulations,
and with such exceptions, as the council may prescribe by ordi-
nance; but the council shall not except individual contracts, pur-
chases or sales from the requirement of competitive bidding.
D. The purchasing officer shall not furnish any supplies, ma-
terial, equipment or contractual services to any county depart-
ment, office or agency: (1) unless the purchasing officer has re-
ceived therefor a requisition executed by an appropriate county
officer or employee as defined by the council and (2) unless the
director of finance first verifies the appropriation, allotment and
availability of funds therefor and certifies thereto as provided in
section 5.11A.


22
Administrative Departments
Art. IV
Section 4.05. County Legal Advisor.
The county manager shall appoint an attorney, subject to ap-
proval by the county council, to serve as legal advisor to the
council, the manager and the county departments, offices and
agencies; to act as counsel for the county in any proceeding in-
stituted by or against the county; and to perform any other
legal duties prescribed by this charter or by the council. If in
special circumstances or for any inquiry under section 2.02(5) the
council deems it advisable, it may provide in addition for the
temporary employment of counsel other than the legal advisor.
Section 4.06. Personnel System.2
A. All appointments and promotions of county officers and
county employees shall be made on the basis of merit and fitness.
With respect to county employees, merit and fitness for the county
position concerned shall be determined, in so far as practicable, by
competitive tests except in the case of persons employed to make
or conduct a special inquiry, investigation, examination or in-
stallation, if the county council or the county manager certifies
that the employment is temporary and that the work should not
be performed by regular county employees.
B. There shall be a county personnel officer. The manager
shall serve as the personnel officer unless, pursuant to section
3.02(8) of this charter, he appoints another person to the office.
The personnel officer shall administer the personnel system of
the county in accordance with the personnel rules adopted under
this section and shall perform any other duties prescribed by
the council which are not inconsistent with his duties under
those rules.
C. The personnel officer shall prepare personnel rules to carry
out the provisions of this section. After a public hearing on the
rules, the manager shall approve them with or without modifica-
tion or reject and return them for revision and resubmission.
When approved by the manager, the personnel rules shall be
submitted to the council and shall become effective when the
council by resolution adopts them with or without amendment.
Except as provided in paragraph (2) below with respect to the
pay plan, they shall become effective as submitted after thirty
2 See Model State Civil Service Law, published by National Civil Service League
and National Municipal League, New York, 1953, 32 pages, 75 cents.


Art. IV
Administrative Departments
23
days unless the council within that period adopts them with
amendment or rejects them. These rules shall provide for:
(1) The classification of all county positions, which classifi-
cation shall be based on the duties, authority and responsibility of
each position;
(2) A pay plan for all county positions, which plan shall
become effective when the council by resolution adopts it with
or without amendment;
(3) The method of holding competitive tests for determining
the merit and fitness of candidates for appointment and promo-
tion;
(4) The establishment, maintenance and certification of eligi-
ble lists for filling vacancies;
(5) The order and manner in which layoffs may be effected;
(6) The procedure for suspension and removal of employees,
which procedure shall include provision for appeals from orders
of suspension or removal or other disciplinary action;
(7) The hours of work, the attendance regulations and the
provisions for sick and vacation leave;
(8) With regard to persons falling within the terms of sec-
tion 10.01B(3), the procedure for provisional appointments; and
(9) Other practices and procedures necessary to the adminis-
tration of the county personnel system.


Article V
FINANCIAL PROCEDURES1
Section 5.01,
Section 5.02.
Section 5.03,
Section 5.04,
Section 5.05,
Section 5.06,
Section 5.07,
Section 5.08.
Section 5.09,
Section 5.10,
Section 5.11.
Fiscal Year.
Preparation and Submission of Budget and Capital
Program.
Scope of Budget and Message.
Budget and Capital Program: Notice and Hearing.
Budget: Council Action.
Capital Program: Scope; Council Action.
Budget and Capital Program; Public Records.
Appropriations: Supplemental and Emergency.
Appropriations: Reduction and Transfer.
Lapse of Appropriations.
Payments and Obligations Prohibited; Certifica-
tions; Penalties.
Section 5.12. Post-Audit.
Section 5.01. Fiscal Year.
The fiscal year of the county shall begin on the first day of
___________and end on the last day of ..............
l This article applies the cash basis method of budgeting which is provided for In
somewhat more detail in the National Municipal Leagues Model Cash Basis Budget
Law, 1948, 41 pages, 75 cents. Some counties may prefer to adopt the accrual method
of budgeting as set forth in the companion Model Accrual Budget Law, 1946, 40
pages, 75 cents. Depending on the basic method adopted, it may in some cases be
desirable to include certain additional details on the form and content of the
budget, including such matters as estimating revenues and surplus and providing
for uncollected taxes, especially if they are not covered satisfactorily by state law.
Article IV of the Model City Charter (1941, 173 pages, $1.50) as well as the model
budget laws may be of assistance to charter draftsmen on these points. In states
without adequate laws governing borrowing for capital improvements it will be
advisable to include provisions regarding this matter in the charter. For assistance
in drafting such provisions, see Article V of the Model City Charter and the Leagues
Model County and Municipal Bond Law, 1953, 54 pages, $1.00.
24


Art. V
Financial Procedures
25
Section 5.02. Preparation and Submission of Budget and Capital
Program.
A. On or before the___________day of___________of each year,2
the county manager shall submit to the county council (1) a cur-
rent expense budget for the ensuing fiscal year, (2) a capital pro-
gram, and (3) an accompanying message.
B. On or before the date specified by the manager, the head of
each county department, office or agency shall furnish the man-
ager:
(1) Estimates for the ensuing fiscal year covering the rev-
enues and expenditures of the department, office or agency con-
cerned;
(2) Estimates of any capital improvements pending or pro-
posed to be undertaken (a) within the ensuing fiscal year and
(b) within the five fiscal years thereafter; and
(3) Such other information as the manager may request.
C. The manager shall review all the estimates furnished him.
He may hold public hearings thereon, and may revise the esti-
mates in such manner as he deems advisable in preparing the
budget and the capital program.
D. Upon submission, the budget, the capital program and the
message shall be a public record in the office of the clerk of the
county council and shall be open to public inspection. The man-
ager shall at the same time make available copies of the
budget, the capital program and the message for distribution to
interested persons.
Section 5.03. Scope of Budget and Message.
A. The budget shall present a complete financial plan for the
current operations of the county and its departments, offices and
agencies in the ensuing fiscal year, showing all funds and re-
serves. It shall be set up as provided by the law of the state of
__________ or, in so far as there is no provision, as provided by
the county council after consultation with the county manager.
Except as otherwise provided by law, the budget shall contain at
least the following:
(1) A simple, clear general summary of the detailed contents
of the budget;
2 It is suggested that the date inserted be forty-five days or more prior to the
beginning of the fiscal year.


26
Financial Procedures
Art. V
(2) The proposed expenditures, including provision for any
estimated cash deficit for the fiscal year currently ending, debt
service requirements for the ensuing fiscal year, and all other ex-
penditures for the ensuing fiscal year, capital and otherwise, to
be met from current revenues; and the proposed expenditures
shall be shown by organization units, activity, character and ob-
ject;
(3) A comparative statement of the actual expenditures for
the preceding fiscal year and the estimated expenditures for the
fiscal year currently ending;
(4) In a column titled Appropriations, the lump sums rec-
ommended for appropriation on the basis of proposed expendi-
tures, which lump sums need not be itemized further than by de-
partments, offices and agencies and their major divisions, and by
principal objects;
(5) The estimated revenues, shown by estimated cash surplus,
if any, for the fiscal year currently ending, proposed tax levies
and other sources; and
(6) A comparative statement of the actual revenues for the
preceding fiscal year and estimated revenues for the fiscal year
currently ending.
B. The estimated revenues, proposed expenditures and total
of appropriations for the ensuing fiscal year shall be equal in
amount.
C. The managers message shall explain the budget both in
fiscal terms and in terms of work to be done. It shall outline the
proposed financial policies of the county for the ensuing fiscal
year and describe the important features of the budget plan. It
shall indicate any major changes in financial policies and in ex-
penditures, appropriations and revenues as compared with the
fiscal year currently ending, and shall set forth the reasons for
the changes. As to the capital program, the message shall in-
clude a list of pending and proposed capital improvements to-
gether with the managers comments on such list. It shall itemize
and explain each pending capital improvement and each capital
improvement proposed to be undertaken within the ensuing fiscal
year, showing the estimated cost of each improvement and the
pending or proposed method of financing it. The message shall
also include such other supporting or explanatory material as the
manager deems desirable.


Art. V
Financial Procedures
27
Section 5.04. Budget and Capital Program: Notice and Hearing.
A public hearing shall be held on the budget and capital pro-
gram not more than three weeks after their submission. At this
hearing all persons interested shall have an opportunity to be
heard. At least two weeks before the hearing, the county council
shall:
(1) Publish in one or more newspapers of general circulation
in the county the general summaries of the budget and capital
program and a notice setting out the time and place for public
hearing thereon and for their consideration by the council;
(2) Mail copies of the notice, the general summaries and the
message to the same newspapers and, in accordance with coun-
cil regulations, to additional newspapers of general circulation
in the county; and
(3) Post copies of the notice, the general summaries and the
message conspicuously for public inspection at the county seat
and at seats of municipal government in the county.
Section 5.05. Budget: Council Action.
A. After the public hearing, the county council may adopt the
budget with or without amendment. In amending, it may add
new items or increase items in the budget. It may decrease or de-
lete items, excepting appropriations required by law, appro-
priations for debt service or for estimated cash deficit. But in all
cases the estimated revenues, proposed expenditures and total of
appropriations for the ensuing fiscal year shall be equal in
amount.
B. The council shall adopt the budget on or before the twenty-
second day of the last month of the fiscal year currently ending.
If it fails to do so, the budget submitted by the manager shall be
deemed adopted by the council as the budget for the ensuing fiscal
year.3
C. The adopted budget shall be in effect on and after the first
3 There are several possible ways to deal with the rare case of failure on the part
of a council to adopt a budget before the prescribed date. It would, for example,
be possible to qualify the provision that the managers budget shall be deemed
adopted by authorizing the council to amend the budget any time until the end of
the first month of the fiscal year. Other possibilities would be: (1) to authorize the
council to make temporary appropriations for a period not to exceed one month,
during which time it would presumably complete adoption of the budget for the re-
mainder of the fiscal year, or (2) to provide in the charter that the budget of the
preceding fiscal year should be applicable automatically for the first month of the
ensuing year.


28
Financial Procedures
Art. V
day of the fiscal year to which it applies. As of this date and by
virtue of the adoption of the budget: (1) the several amounts
listed in the budget column titled Appropriations shall be ap-
propriated to the specified departments, offices, agencies and their
major divisions and to the specified principal objects; and (2) the
amount of property tax proposed in the budget shall be levied.
Section 5.06. Capital Program: Scope; Council Action.
A. The capital program shall contain at least the following:
(1) A simple, clear general summary of the detailed contents
of the program;
(2) The capital improvements pending or proposed to be un-
dertaken within the ensuing fiscal year, together with the esti-
mated cost of each improvement and the pending or proposed
method of financing it; and
(3) The capital improvements proposed for the five years next
succeeding the ensuing fiscal year, together with the estimated
cost of each improvement and the proposed method of financing it.
B. Capital expenditures to be financed from current revenues
in the ensuing fiscal year shall be included in the budget as well
as in the capital program. Appropriations for such expenditures
shall be included in the budget.
C. After the public hearing on the capital program, the county
council may adopt the program with or without amendment. In
amending, the council shall request and consider, but need not
follow, the recommendations of the county manager as to the pro-
posed amendment. If a requested recommendation is not pre-
sented to the council within five days after the request therefor,
the council may pass upon the proposed amendment without
considering that recommendation.
D. The council shall adopt the capital program on or before
the twenty-second day of the last month of the fiscal year cur-
rently ending. If it fails to do so, the program submitted by the
manager shall be deemed adopted by the council as the program
for the ensuing fiscal year. The adopted program shall be in ef-
fect on and after the first day of that year.
E. At any time during a fiscal year, the council by resolution,
adopted on the affirmative votes of at least two-thirds of its mem-
bers, may amend the capital program for that year. In amending,
the council shall request and consider, but need not follow, the


Art. V
Financial Procedures
29
recommendations of the manager as to the proposed amendment.
If a requested recommendation is not presented to the council
within thirty days after the request therefor, the council may
pass upon the proposed amendment without considering that rec-
ommendation.
Section 5.07. Budget and Capital Program: Public Records.
Three copies of the budget and capital program as adopted shall
be certified by the county manager and the clerk of the county
council. One of these copies shall be filed in the office of the
manager, and one each in the offices of the director of finance
and the director of planning. The budget and capital program
as so certified shall be printed, mimeographed or otherwise re-
produced and copies shall be made available to the county de-
partments, offices and agencies and to interested persons.
Section 5.08. Appropriations: Supplemental and Emergency.
A. If during any fiscal year the county manager certifies that
there are available for appropriation (1) revenues received from
sources not anticipated in the budget for that year or (2) revenues
received from anticipated sources but in excess of the budget
estimates therefor, the county council may make supplemental
appropriations for the year up to the amount of the additional
revenues so certified. Such appropriations may be made by ordi-
nance effective immediately upon adoption.
B. To meet a public emergency affecting life, health or prop-
erty, the council upon written request by the manager may make
emergency appropriations. Such appropriations may be made by
resolution and must be approved by all council members present
or by three-fourths of those elected. To the extent that there are
no available unappropriated revenues to meet such appropria-
tions, the council may by resolution authorize the issuance of
emergency notes. These notes may be renewed from time to time,
but the emergency notes and renewals of any fiscal year shall be
paid not later than the last day of the fiscal year next succeed-
ing that in which the emergency appropriation was made. The
total of emergency appropriations in any fiscal year shall not
exceed___________ per cent of the total operating appropriations
(excluding those for debt service) made in the budget for that
year, or the sum of _________ dollars, whichever is the larger
amount.


30
Financial Procedures
Art. V
Section 5.09. Appropriations: Reduction and Transfer.
A. If at any time during the fiscal year it appears probable to
the county manager that the revenues available will be insuffi-
cient to meet the amount appropriated, he shall report to the
county council without delay, indicating the estimated amount
of the deficit, any remedial action taken by him, and his rec-
ommendations as to any further action to be taken. The council
shall then take such further action as it deems necessary to pre-
vent or minimize any deficit. For that purpose it may by resolu-
tion reduce one or more appropriations; but no appropriation for
debt service or for estimated cash deficit may be reduced, and no
appropriation may be reduced by more than the amount of the
unencumbered balance thereof or below any amount required
by law to be appropriated.
B. The manager may at any time during the fiscal year trans-
fer part or all of any unencumbered appropriation balance be-
tween classifications of expenditures within a department, office
or agency; and if at any time the manager so requests in writing,
the council by ordinance effective immediately on adoption may
transfer part or all of any unencumbered appropriation balance
from one department, office or agency to another. But no transfer
shall be made from appropriations for debt service or for esti-
mated cash deficit; and no appropriation may be reduced below
any amount required by law to be appropriated.
Section 5.10. Lapse of Appropriations.
Every appropriation, except an appropriation for a capital ex-
penditure, shall lapse at the close of the fiscal year to the extent
that it has not been expended or encumbered. An appropria-
tion for a capital expenditure shall continue in force until the
purpose for which it was made has been accomplished or aban-
doned. The purpose of any such appropriation for a capital ex-
penditure shall be deemed abandoned if three years pass without
any expenditure from, or encumbrance of, the appropriation
concerned.
Section 5.11. Payments and Obligations Prohibited; Certifica-
tions; Penalties.
A. No payment shall be authorized or made and no obligation
incurred against the county except in accordance with appropria-
tions duly made. No payment shall be made against any allot-


Art. V
Financial Procedures
31
ment or appropriation unless the director of finance first certifies
that there is a sufficient unencumbered balance in the allotment
or appropriation, and that sufficient funds therefrom are avail-
able, to cover the claim concerned; nor shall any obligation be
incurred against any allotment or appropriation unless the direc-
tor of finance first certifies that there is a sufficient unencumbered
balance in the allotment or appropriation, and that sufficient funds
therefrom will be available, to meet the obligation concerned
when it becomes due and payable. Every obligation incurred and
every authorization of payment in violation of the provisions of
this charter shall be void. Every payment made in violation of
the provisions of this charter shall be illegal; and all county of-
ficers who knowingly authorize or make such payment or any
part thereof shall be jointly and severally liable to the county for
the full amount so paid or received. If any county officer or em-
ployee knowingly authorizes or makes any payment or incurs
any obligation in violation of the provisions of this charter or
takes part therein, that action shall be cause for his removal.
B. Nothing contained in this section or other sections of this
charter shall be construed to prevent the making or authorizing
of payments or making of contracts for capital improvements to
be financed wholly or partly by the issuance of bonds; nor shall
it prevent the making, when permitted by law, of any contract
or any lease providing for the payment of funds at a time beyond
the end of the fiscal year in which the contract or lease is made.
But any contract, lease or other obligation requiring the pay-
ment of funds from the appropriations of a later fiscal year or of
more than one fiscal year shall be made or approved by ordi-
nance.
Section 5.12. Post-audit.
A. The county council shall provide annually for an inde-
pendent audit of the accounts and other evidences of financial
transactions of the county and of every county department, of-
fice and agency. The audit shall be made by an accountant, desig-
nated by the council, who has no personal interest, direct or in-
direct, in the fiscal affairs of the county or of any of its depart-
ments, offices or agencies. The designated accountant shall be
thoroughly qualified by training and experience to perform the
audit. If the state makes such an audit, the council may accept
it as satisfying the requirements of this section.


Article VI
COUNTY PLANNING
Section 6.01. County Planning: Powers and Duties of the County
Council.
Section 6.02.
Section 6.03.
Section 6.04.
Section 6.05.
County Plan, Official Map, Subdivision Regula-
tions and Zoning Plan: Procedure before Adoption.
Planning Advisory Committee: Creation.
Planning Advisory Committee: Powers and Duties.
The Director of Planning: Appointment; Powers
and Duties.
Section 6.06. Coordination of County and Municipal Planning;
Cooperation with Other Planning Agencies.
Section 6.07. The Official Map; Effect of Adoption; Permits.
Section 6.08. The Board of Appeals: Composition; Terms and
Compensation of Members; Duties.
Section 6.01. County Planning: Powers and Duties of the County
Council.1
In addition to its other powers and duties, the county council:
(1) Shall adopt and from time to time shall review and, if
necessary, shall amend a county plan for the physical develop-
ment of the county, which plan shall set forth the councils
policy regarding the physical development of the county, in-
cluding recommendations for the most desirable use of land
within the county for residential, recreational, agricultural,
commercial, industrial and other purposes; for the most desirable
density of population in the several parts of the county; for a sys-
tem of principal thoroughfares, highways, streets and other pub-
lic ways; for airports, parks, playgrounds and other public open
spaces; for the general location, relocation and improvement of
public buildings; for the general location and extent of public
l Because of the considerable variation in state constitutions and laws concerning
county planning, it is advisable for charter commissions to investigate the constitu-
tion and laws of their state thoroughly, with particular attention to enabling acts.
33


34
County Planning
Art. VI
utilities and terminals, whether publicly or privately owned, for
water, sewerage, light, power, transit and other purposes; for the
extent and location of public housing projects; for adequate drain-
age facilities and control; and for such other matters as may, in
the councils judgment, be beneficial to the county. The county
plan shall contain a statement of the objectives, standards and
principles sought to be embodied therein. The council may adopt
the county plan by a single resolution or may, by successive res-
olutions, adopt parts of the plan, whether geographical or func-
tional, and amendments thereto. The plan shall be based on
studies of physical, social, economic and governmental conditions
and trends and shall be designed to assure the coordinated devel-
opment of the county and to promote the general welfare and
prosperity of its people. The council may also adopt plans for the
redevelopment and improvement of areas, districts or neighbor-
hoods which, in its judgment, are affected by special problems or
show a trend toward lower land values;
(2) Shall adopt by ordinance an official map of rights of way
and open spaces in the county and proposed modifications there-
of, showing all existing and legally established highways, streets
and other ways, and all existing airports, parks, playgrounds and
other public open spaces, and all existing rights of way for sur-
face water drainage, as well as all public highways, streets, other
public ways and airports, parks, playgrounds and other public
open spaces and all rights of way for surface water drainage
which the county proposes to establish pursuant to the county
plan; but the placing of any street or street lines upon the of-
ficial map or the approval of any plat, or the mapping of any
rights of way for surface water drainage, shall not constitute the
opening or establishment of any street nor the taking or accept-
ance of any land for street or surface water drainage purposes;
(3) Shall exercise control by ordinance over the platting or
subdivision of land and by ordinance shall adopt regulations, pur-
suant to the county plan and the official map, governing the sub-
division of land in order to obtain a convenient and properly co-
ordinated system of public highways, streets and other public
ways, adequate provision for surface water drainage, public util-
ities and public open spaces, and to obtain coherent communities
and neighborhoods by coordinating the design of separate sub-
divisions. All highways and streets on any plat approved by the
council shall be included in the official map of the county, upon


Art. VI
County Planning
35
the filing of such plat with the proper department, office or
agency;
(4) Shall adopt by ordinance a zoning plan (including zon-
ing maps and regulations) and proposed modifications thereof,
which zoning plan may regulate the height, number of stories,
size and character of buildings and other structures; the percent-
age of the area of the lot that may be occupied; the size of yards,
courts and other open spaces; the density of population and the
location and use of buildings, structures and land for residential,
recreational, agricultural, commercial, industrial and other pur-
poses; the height, size and location of advertising signs and bill-
boards. The zoning plan may divide the county into districts of
such number, shape and area as may be best suited to carry out
the purposes of this article, and it may regulate the erection, con-
struction, reconstruction, alteration or use of buildings or struc-
tures and the use of land throughout the county or within such
districts. Regulations shall be uniform for each class or kind of
buildings or structures within each district, but the regulations
in one district may differ from those in another district. The zon-
ing plan shall be designed to carry out the purpose of the county
plan, and shall be prepared with reasonable consideration of the
character of the several parts of the county and their peculiar
suitability for particular uses and types of development, and with
a view to preventing substantial inharmonious uses of land and
buildings adjoining county and other public property, including
streets and highways, and to encouraging the most appropriate
use of land throughout the county.2
Section 6.02. County Plan, Official Map, Subdivision Regulations
and Zoning Plan: Procedure before Adoption.
Before adopting all or any part or amendment of the county
plan, official map, subdivision regulations or zoning plan, the
county council shall prepare a written proposal concerning the
action it intends to take and shall submit the proposal to the
municipalities, whether in or outside of the county, which may,
in the councils opinion, be affected thereby. Except where the
proposal first originated with that committee, the proposal shall
also be submitted to the planning advisory committee, which
2 Charter commissions should note that the subdivision control and zoning powers
given to the county by this section probably are not appropriate in states in which
strong township governments are the rule.


36
m
County Planning
Art. VI
shall report its recommendations and advice thereon to the coun-
cil within forty days, or within such longer period as the coun-
cil may fix, from the date of submission. Before final adoption of
the proposal, and after the period, if any, for comment or advice
from the planning advisory committee has elapsed, the council
shall hold a public hearing thereon.
Section 6.03. Planning Advisory Committee: Creation.
The county council shall appoint a planning advisory commit-
tee, to consist of not less than five or more than fifteen members,
none of whom shall hold any other county office or position. The
council shall prescribe the terms of office of the members of the
committee, and may provide for the selection of its officers and
for the employment of secretarial assistance and such occasional
technical advisors as it may require from time to time. Members
of the planning advisory committee shall serve without compen-
sation, but shall receive their necessary expenses incurred in the
performance of their duties.
Section 6.04. Planning Advisory Committee: Powers and Duties.
The planning advisory committee shall:
(1) Report its recommendations and advice to the county
council on all proposals submitted to it in accordance with Sec-
tion 6.02, and on such other matters pertaining to planning as the
committee may desire or the council may request;
(2) Formulate and develop planning proposals for submis-
sion to the council whenever requested to do so by the council,
or upon its own motion;
(3) Keep informed on all matters pertaining to planning and
hold hearings concerning such matters whenever necessary;
(4) Promote public interest in and understanding of the coun-
ty plan and related matters;
(5) Perform such other advisory functions and duties and ex-
ercise such other powers as the council may establish.
Section 6.05. The Director of Planning: Appointment; Powers
and Duties.3
The county manager shall appoint, with the approval of the
3 A full time planning director may not be feasible for small counties. In such a
case, it is recommended that the manager serve as director or that a part-time con-
sultant serving under the manager be hired.


Art. VI
County Planning
37
county council, a person qualified by training and experience in
the field of county or municipal planning as director of planning.
The director of planning shall:
(1) Serve as chief planning officer of the county and regular
technical advisor of the manager and of the council on all plan-
ning and related matters, and direct the activities of the countys
planning staff;
(2) Coordinate the planning and related activities of the coun-
ty with similar activities of the municipalities within the county,
confer with and advise officials and agencies of such municipali-
ties on planning matters, and cooperate with state and regional
planning agencies and with municipal or county planning and
zoning agencies of other counties, in accordance with section 6.06;
(3) Maintain an up-to-date file of municipal plans, zoning or-
dinances, official maps, building codes and subdivision regula-
tions, and amendments to any of them, of municipalities within
the county;
(4) Supply technical planning services to any municipality of
the county upon agreement between the council and the gov-
erning body of the municipality concerned;
(5) Assist the manager in the preparation of the capital pro-
gram;
(6) Perform such other duties and exercise such other powers
as the manager or the council may establish.
Section 6.06. Coordination of County and Municipal Planning;
Cooperation with Other Planning Agencies.
To facilitate effective and harmonious planning of the county
and municipalities within it, the county council may by resolu-
tion request that any proposed municipal plans, zoning ordi-
nances, official maps, building codes, subdivision regulations and
amendments to any of them be submitted to the director of plan-
ning, who may offer advice thereon. He may consult the council
or the planning advisory committee before rendering such ad-
vice, and shall report periodically to the council and the plan-
ning advisory committee concerning such submission and his ad-
vice thereon, if any. The director of planning may also confer,
cooperate and exchange information with state and regional
planning and zoning agencies, and with municipal or county plan-
ning or zoning agencies of other counties.


38
County Planning
Art. VI
Section 6.07. The Official Map; Effect of Adoption; Permits.
A. Until the adoption of the official map, no public water or
sewer connection or other public utility or improvement shall be
constructed in or any water, drainage, light or other public serv-
ice rendered to or along any street, and no permit for the erec-
tion of any building shall be issued unless the county council, or
the department, office or agency designated by it, finds, in ac-
cordance with such standards as the council may establish by or-
dinance, that such construction, rendition of services or permit
will not tend materially to increase the difficulty of formulating
the official map or of formulating or carrying out the county plan.
The council shall provide by ordinance for appeals from denials or
permits hereunder to the board of appeals if that board has been
established or, if not, to the council.4
B. After the adoption of the official map of the county, no build-
ing or structure or any part thereof shall be erected on any land
located between the mapped lines of any highway or street or
within any drainage right of way or any area designated for sur-
face water drainage as shown on the official map. An owner of
land so located may apply for a permit for such building or struc-
ture to the board of appeals, as provided in section 6.08(4) if that
board has been established or, if not, to the council. Upon such
application and after a hearing, the board or council shall grant
a permit, subject to such conditions as it may impose, for such a
building or structure, if upon balancing the owners interest
against the interest of the county in preserving the integrity of the
official map, it finds that otherwise he would suffer unnecessary
hardship.
C. After the adoption of the official map, no public water or
sewer connection or other public utility or improvement shall be
constructed in, or any water, drainage, light or other public serv-
ice rendered to or along any street, until and unless the street
has been duly placed on the official map, and no permit for the
erection of any building may be issued unless a highway or street
giving direct access to the building lot and to the proposed struc-
ture is shown on the official map, and such highway or street has
4 This section is not intended to be incorporated into a charter in the form set
out. The intention is merely to indicate the necessity for safeguarding the integrity
of the official map while it is in the process of formulation. Charter commissions
may wish to insert a more specific transitory provision at this point, which will take
into account planning and subdivision practices in the county prior to the adop-
tion of the charter. See, for example, the New York Village Law, section 179.


Art. VI
County Planning
39
been suitably improved to the satisfaction of the council or the
department, office or agency designated by it, in accordance with
such standards as the council may establish.5 An owner of land
whose application for a building permit has been denied here-
under may appeal to the board of appeals, as provided in sec-
tion 6.08(5) if that board has been established or, if not, to the
council. Upon such appeal and after a hearing, the board or
council shall grant a permit, subject to such conditions as it may
impose, if it finds (a) that such permit would not materially tend
to increase the difficulty of carrying out, or tend to dislocate, the
official map or county plan, and (b) that the circumstances of the
case do not require the proposed building to be related to exist-
ing mapped or planned streets, or that the strict application of
the provisions of this section would result in practical difficulty
or unnecessary hardship.
Section 6.08. The Board of Appeals: Composition; Terms and
Compensation of Members; Duties.
When and if the county council adopts a zoning plan, there
shall be a board of appeals consisting of three members appointed
by the council for terms of three years, except that, of the mem-
bers originally appointed, one shall serve for a one-year term,
one for a two-year term and one for a three-year term. Members
shall serve without compensation but shall receive their neces-
sary expenses incurred in the performance of their duties. Any
member of the board of appeals may be removed by the council
after a public hearing. The council shall fill by appointment all
vacancies for the unexpired balance of the term. The council shall
designate the chairman of the board of appeals. Meetings of the
board shall be public and the board shall keep minutes of its
proceedings.
The board shall have the following duties:
(1) To hear and determine appeals from any decision or order
of any department, office or agency charged with the enforcement
of the zoning plan, wherever error in such decision or order has
been alleged. Upon such an appeal, the boards power shall be
limited to a review of the decision or order appealed and shall
5 The charter commission might want to consider the possibility of exempting
buildings used for agricultural purposes from the scope of the provision requiring
access to highways.


40
County Planning
Art. VI
not extend to granting any variance from the provisions of the
zoning plan;
(2) To hear and determine petitions for variances and, sub-
ject to such principles, conditions or procedures as the council
may by ordinance provide, to vary the strict application of any
provision of the zoning plan to any specific parcel of land when,
by reason of peculiar and unusual circumstances pertaining to
such parcel, such strict application would deprive the owner of
the reasonable use thereof or cause undue hardship;
(3) To hear and determine, on application therefor, all other
matters which the board may be required to pass on pursuant to
the terms of the zoning plan and subject to the standards and re-
quirements prescribed therein;
(4) To hear and determine cases under subsection 6.07B;
(5) To hear appeals by applicants for building permits under
subsections 6.07A and C.


Article VII
NOMINATIONS AND ELECTIONS1
Section 7.01.
[Section 7.015.
Section 7.02.
Section 7.03.
Section 7.04.
Section 7.05.
Section 7.06.
Section 7.07.
Section 7.08.
County Elections.
County Council Districts.]
Nominations.
Council Ballots.
Challengers.
Determination of Election Results.
Ballots for Ordinances and Charter Amendments.
Vacancies.
Availability of List of Qualified Voters.
Section 7.01. County Elections.
A. The regular election for the choice of members of the county
council shall be held on the___________of___________in each odd
(even) numbered year.
B. All citizens qualified by the constitution and other laws of
the state of________________to vote in the county shall be quali-
fied voters of the county within the meaning of this charter if
they satisfy the requirements for registration prescribed by law.
C. Except as otherwise provided by this charter, the provisions
of the general election laws of the state of_____________-.......
shall apply to elections held under this charter. All elections pro-
vided for by the charter shall be conducted by the election author-
ities established by law. For the conduct of county elections, for
the prevention of fraud in such elections and for the recount of
ballots in cases of doubt or fraud, the council shall adopt by or-
dinance all regulations which it considers desirable and which are
consistent with the constitution and general election laws of the
state of____________________________________________and with this
charter.1 2 The election authorities may adopt, and if they adopt
1 Italicized material in brackets in this article is applicable only when the council
is to be elected on a mixed basis, i.e., by districts and at large.
2 If the general election laws are adequate with respect to such matters as nomi-
nations, ballots, challenges and the counting of votes, or if they permit the county
council to make satisfactory provision respecting such matters, the following sections
dealing with them may be eliminated, curtailed or modified accordingly.
41


42
Nominations and Elections
Art. VII
shall publicize, further regulations consistent with the constitu-
tion and general election laws of the state of___________________-
and consistent with this charter and the regulations of the council.
[Section 7.015. County Council Districts. (Majority Election by
District and at Large)3
A. There shall be _________ county council districts. At each
regular county election, except as otherwise provided by section
7.015C one councilman shall be elected by each council district,
and__________councilmen shall be elected at large.
B. After the official federal publication of the countys popula-
tion data following each federal decennial census, the districting
commission4 shall file with the clerk of the county council an in-
itial report containing a recommended plan for such adjustment
of the council district boundaries as may be necessary to comply
with these specifications:
(1) Each district shall be formed of compact, contiguous ter-
ritory;
(2) The districts shall not differ in population, according to
the most recent federal decennial census, by more than 10 per
cent of the population of the least populous district created.5
The initial report, and all other reports required by this section,
shall be certified and signed before filing by at least_____mem-
bers of the commission and shall include a map and description
of the districts recommended. When an initial report is filed, the
clerk shall promptly publish in one or more newspapers of general
circulation in the county: (a) the report, or at least the map and
3 See footnote 1 above. If the mixed basis of representation is adopted, the number
of this section should be changed to 7.02, and the present section 7.02 would become
7.03, etc. Cross references in the charter text and notes would also have to be
changed.
4 In drafting a charter for a particular county it will be necessary to make specific
provision for the composition of the districting commission. It is important that the
commission be so constituted that the public will have confidence in its competence
and fairness. In many cases it should be possible to designate its members on an
ex officio basis. The New Jersey Optional Municipal Charter Law, Chapter 210,
Laws of 1950, Section 17-4c, for example, provides that in municipalities which elect
some councilmen by wards the ward lines shall be drawn by the members of the
county board of elections of the county in which the municipality is situated, to-
gether with the municipal clerk of the municipality concerned sitting as ward
commissioners. In New Jersey the county board of elections consists of four mem-
bers, two from each of the major parties.
5 Counties, whose population, as determined by the federal census, include sub-
stantial numbers of non-voting residents (e.g., inmates of certain institutions or
out-of-county students at schools or colleges) may find it necessary to except such
persons fom the population to be considered in drawing district lines.


Art. VII
Nominations and Elections
43
description therein included; and (b) a notice setting out the time
and place for a public hearing on the report. In addition, the clerk
shall publish the report and notice by: mailing copies to the same
newspapers and, in accordance with council regulations, to addi-
tional newspapers of general circulation in the county; posting
copies conspicuously for public inspection at the county seat and
at seats of municipal government in the county; and making avail-
able a reasonable number of copies for distribution to interested
persons on request. In accordance with the notice, and at least one
week after its publication, the commission shall hold a public
hearing at which all interested persons shall have an opportunity
to be heard. After the hearing and subject to the specifications
set out earlier, the commission may revise its recommendations,
and shall file a final report with the clerk. The clerk shall immedi-
ately publish the final report in the manner prescribed for the
initial report.
C. The districting commission shall file its final report at least
ninety days before the first regular county election that occurs
more than seven months after the official federal publication of
the countys population data following each federal decennial
census. If the commission does not file its final report on or before
the applicable final date provided in this subsection, all councilmen
to be elected at the regular county election that occurs ninety days
after that date shall be elected at large and shall serve as0coun-
cilmen at large until their terms of office expire and until their
successors are elected and qualified. After such an election at
large, the commission shall reconvene to adjust the district boun-
daries in accordance with the specifications, requirements and pro-
cedures earlier provided in this section, except that the final re-
port shall be filed at least ninety days before the next regular
county election following the election at large.
D. The council districts and boundaries shown in the commis-
sions final report filed on or before the applicable final date pro-
vided in section 7.015C shall as of that final date supersede previ-
ous council districts and boundaries for the purposes of the next
regular county election, and such purposes shall include filing of
nominating petitions, printing and marking of ballots, and de-
termination of election results. The districts and boundaries shown
in the final report shall supersede previous districts and boun-
daries for all other purposes as of the date on which all council-
men elected at that regular county election take office.]


44
Nominations and Elections
Art. VII
Section 7.02. Nominations.
(Alternative I. Sponsor-deposit Method)
A. Any qualified voter of the county may be nominated for the
county council [, either as a district councilman or councilman at
large,] by petition of ten such voters, who shall be designated as
his sponsors. [Sponsors for a candidate for district councilman
must he residents of the district for which the candidate is nom-
inated. Any voter may sign one petition for the office of council-
man at large, and one petition for the office of district council-
man.]8 If a voter signs more than one petition for the office of
councilman [at large or for the office of district councilman], his
signature shall be void except as to the first filed of the petitions
signed by him [for the office concerned]. The signatures to a nom-
inating petition shall be executed in ink or indelible pencil. Each
signer shall indicate next to his signature the date of his signing
and the place of his residence, giving the street and number or
other description sufficient to identify it. Nominating petitions
shall be signed and filed with the election authorities not earlier
than ninety days or later than forty days before the election.
B. Nominating petitions shall be in substantially the form
printed below and shall contain the information required by this
form.
Nominating Petition
We, the undersigned ten qualified voters of the county of___
__________, hereby nominate and sponsor________________whose
residence is________________, for member of the county council
[(at large) (for the___district)] to be voted for at the election
Cross out the phrase that does not apply.
to be held on the________day of__________, 19___; and we indi-
vidually certify that we are qualified voters of the county, and
that we have not signed any other nominating petition for that
office.
Name Street and Number and Date of
City, Township or Village Signing
[spaces for ten signatures and required data]
8 Charter commissions may wish to include a specific provision at this point that
district councilmen do not necessarily have to be residents of the district that they
represent.


Art. VII
Nominations and Elections
45
Acceptance of Nomination
I hereby accept the nomination for the council and agree to
serve if elected.
Signature of candidate____________________________
Date and hour of filing_________________
This petition is filed by ____________________________ whose
address is ___________________________________________________
Received by_________________
(Signature of election official)
No nominating petition shall be accepted unless accompanied
by a signed acceptance of the nomination and a deposit by the
candidate of_____________dollars ($____________) ,7 The officer who
receives the deposit shall issue a receipt therefor. The deposit
shall be returned to the candidate if he becomes ineligible or with-
draws his candidacy or if [, being a candidate for councilman at
large,] he polls at least______per cent of the total valid ballots8
[or if, being a candidate for district councilman, he polls at least
__________ per cent of the total valid ballots for the office con-
cerned]; but if he remains a candidate and fails to receive the
required number of votes, the deposit shall be forfeited and paid
into the general fund of the county. A candidate may withdraw
his nomination not later than the last day for filing nominating
petitions by filing a notice of withdrawal with the election author-
ities.
C. Within five days after the filing of a nominating petition the
election authorities shall notify the candidate and the person who
filed the petition whether or not it is found to be sufficient under
7 The purpose of requiring a deposit is to prevent the ballot from being made in-
conveniently long through the candidacy of self-seekers and advertisers without a
substantial following. Deposit plans have been used in England, Ireland, Canada,
Australia and New Zealand with good results for years and are now in use in Michi-
gan and other places in this country also. While the deposit should be large enough
to deter triflers it should not be so large as to prevent the candidacy of persons of
moderate means with a substantial number of adherents. In considering the justice of
a deposit system, it should be borne in mind that the circulation of a large petition,
which the deposit makes unnecessary, usually costs at least ten cents per signature
and that the deposit is returnable in case the candidate polls a vote of reasonable
size. In case the sponsor system with a deposit is unacceptable by Itself, it might be
made an alternative to the ordinary petition method set forth in alternative II of this
section so that a candidate may take his choice.
8 If proportional representation is used the term quota should be substituted for
the term total valid ballots. In such case 5 per cent of the quota at any stage of the
regular count would be a reasonable figure. If election is to be by plurality or major-
ity vote at large, the figure might be set at 10 per cent of the total vote cast at the
election.


46
Nominations and Elections
Art. VII
the requirements prescribed by this charter. If a petition is found
insufficient, the election authorities shall return it immediately
to the person who filed it with a statement certifying wherein
the petition is found insufficient and shall return to the candidate
the deposit of money made at the time the petition was filed.
Within the regular time for filing petitions a new petition may
be filed for the same candidate. The election authorities shall
keep on file all petitions found sufficient, and shall so keep them
at least until the expiration of the term for which the candidates
are nominated in those petitions.
(Alternative II. Long Petition Method)
A. Candidates for election to the county council shall be nom-
inated by petition. Any qualified voter of the county may be
nominated for election to the council [(a) as a councilman at
large] by a petition signed by qualified voters of the county not
less in number than 1 per cent9 of the number of persons who
voted in the county for the office of governor at the last guberna-
torial election [, or (b) as a district councilman by a petition signed
by ______ or more qualified voters of the district for which the
candidate is nominated].
B. The signatures to a nominating petition need not all be
affixed to one paper, but to each separate paper of a petition there
shall be attached an affidavit executed by the circulator of the
paper stating the number of signers of the paper and stating that
each signature on the paper was affixed in his presence and that
he believes each signature to be the genuine signature of the per-
son whose name it purports to be. The signatures to a nominating
petition shall be executed in ink or indelible pencil. Each signer
shall indicate next to his signature the date of his signing and
the place of his residence, giving the street and number or other
description sufficient to identify it. Nominating petitions and each
separate paper thereof shall be in substantially the form printed
below and shall contain the information required by this form.
Nominating Petition
We, the undersigned voters of----------County hereby nomi-
nate ----------------------------------, whose residence is___ for member of the
f For very populous counties, in which 1 pet cent would produce an unduly long
petition, the requirement of a specific number of signers may be substituted. If pro-
portional representation is used, one-fourth of 1 per cent, but not more than 500 sig-
natures, would be a reasonable requirement.


Art. VII
Nominations and Elections
47
county council [(at large) (for the _____ district)] to be voted
Cross out the phrase that does not apply.
for at the election to be held on the________day of_____________,
19___; and we individually certify that we are qualified voters of
the county and that we have not signed nominating petitions for
candidates for that office greater in number than the number to be
elected thereto10 at that election.
Name Street and Number and Date of
City, Township or Village Signing
[spaces for signatures and required data]
Statement of Circulator
The undersigned is the circulator of this petition paper, which
contains___________signatures. Each signature affixed thereto was
made in my presence and is, I believe, the genuine signature of
the person whose name it purports to be.
Signature of circulator____________________________
Address ___________________________________________
Date..............
C. All separate papers comprising a nominating petition shall
be assembled and filed with the election authorities as one in-
strument not earlier than ninety days or later than forty days
before the election. The election authorities shall make a record
of the exact time when each petition is filed. No nominating pe-
tition shall be accepted unless accompanied by a signed accept-
ance of the nomination in substantially the form printed below
and containing the information required by this form.
Acceptance of Nomination
I hereby accept the nomination for member of the county coun-
cil and agree to serve if elected.
Signature _________________________________________
Date ______________________________________________
D. Within five days after the filing of a nominating petition the
election authorities shall notify the candidate and the person
who filed the petition whether or not it is found to be sufficient
under the requirements prescribed by this charter. If a petition
is found insufficient, the election authorities shall return it im-
10 if proportional repesentation is used for the election of the county council, each
voter should be permitted to sign the petition of only one candidate.


48
Nominations and Elections
Art. VII
mediately to the person who filed it with a statement certifying
wherein the petition is found insufficient. Within the regular time
for filing petitions such a petition may be amended and filed again
as a new petition (in which case the time of the first filing shall
be disregarded in determining the validity of signatures thereon)
or a different petition may be filed for the same candidate. The
election authorities shall keep on file all petitions found suffi-
cient, and shall so keep them at least until the expiration of the
term for which the candidates are nominated in those petitions.
Section 7.03. Council Ballots.
A. The full names of all candidates nominated for membership
[at large] in the county council, except those who have with-
drawn, died or become ineligible, shall be printed on the official
ballots without party designation or symbol [; the full names of
all candidates nominated for membership as district councilman
in the council, except those who have withdrawn, died or become
ineligible, shall be printed only on the official ballots for their re-
spective districts, without party designation or symbols]. If two
or more candidates have the same surname, or surnames so sim-
ilar as to be likely to cause confusion, their residence addresses
shall be printed with their names on the ballot.
B. The names of the candidates shall be arranged in the alpha-
betical order of their surnames, but the names shall be rotated
by election districts as hereinafter provided, so that, as nearly as
possible, each name shall appear first and in each other position
in an equal number of the election districts. For purposes of this
rotation, the election authorities shall arrange all the election
districts (in the county)11 [in each council district] in a single
continuous series in the order in which they are customarily
listed by the election authorities if there is any such customary
order. If there is no such customary order, the election authorities
shall establish one. The order in which the election districts are
thus arranged shall be known as the standard order. In the first
district in the standard order the names of the candidates shall
appear in alphabetical order. In the second they shall appear in
the same order except that the first name in the first district
shall appear last. In each succeeding district the names shall ap-
11 This phrase is only applicable where the election is by proportional repesenta-
tion, or a majority election at-large. It should be deleted if the election is on a mixed
basis; i.e., by districts and at-large.


Art. VII
Nominations and Elections
49
pear in the same order as in the district immediately preceding,
except that the first name in that preceding district shall appear
last.
(Alternative I. Proportional Representation)
C. Ballots for the election of the county council shall be set up
according to the Hare system of proportional representation.12 A
separate ballot and separate ballot boxes shall be used for the
election of members of the council. The ballots shall be marked
in accordance with the following instructions, which shall be
printed at the top of each ballot under the heading Directions to
Voters:
Mark your choices with numbers only. Do not use X
marks.
Put the number 1 in the square opposite the name of your
first choice.
Put the number 2 opposite your second choice, the num-
ber 3 opposite your third choice, and so on. You may mark as
many choices as you please.
Do not put the same number opposite more than one
name.
If you tear or deface or wrongly mark this ballot, return
it and obtain another.
(Alternative II. Majority Election)
C. The ballots shall be marked in accordance with the follow-
ing instructions, which shall be printed at the top of each ballot
under the heading Directions to Voters:
Do not vote for more than___________ [for councilman at large],
[Here insert the number of persons for whom a voter may vote.]
[Do not vote for more than one for district councilman. The
one you vote for must be a candidate for your residential dis-
trict.]
To vote for a candidate place an X mark in the square opposite
his name.
If you tear, deface or wrongly mark this ballot, return it and
obtain another.
Section 7.04. Challengers.
A regularly nominated candidate for the county council shall
12 Provision for the setting up of ballots in a Hare system election is made in sec-
tion 156 of the National Municipal Leagues Model City Charter.


50
Nominations and Elections
Art. VII
be entitled, upon written application to the election authorities at
least five days before council elections, to appoint two persons to
represent him as watchers and challengers at each polling place
where voters may cast their ballots for him. A person so ap-
pointed shall have all the rights and privileges prescribed for
watchers and challengers by or under the general election laws
of the state of_________________The watchers and challengers may
exercise their rights throughout the voting and until the ballots
have been counted.13 14
Section 7.05. Determination of Election Results.
(Alternative I. Proportional Representation)
Before each election of the county council the election authori-
ties shall designate a central counting place where all the ballots
shall be brought together and counted publicly under the super-
vision of a competent person appointed by the election authori-
ties to act as director of the count. The count shall be conducted
in accordance with rules of the election authorities consistent with
the constitution and general election laws of the state of_________
and consistent with this charter and the regulations of the council.
The result of the election shall be determined by applying stand-
ard rules for the counting of ballots according to the Hare system
of proportional representation.11
(Alternative II. Majority Election)
A. Every voter shall be entitled to vote for as many candidates
for [member at large o/] the county council as there are members
[at large] to be elected to the council [, and to vote for one candi-
date for district councilman to represent the district in which the
voter resides].
B. [(!)] A majority vote for a councilman [at large] is that
number of votes which is a majority of the total number of valid
13 The words and until the ballots have been counted" are not entirely applicable
if proportional representation is used, because for obvious practical reasons only a
limited number of watchers can be permitted with a central count. Therefore, if pro-
portional representation is used, the wording should be changed to provide that a
limited number of watchers can be used at the place of the central count. See Model
City Charter, section 164.
14 Provisions for a central count of proportional representation ballots are com-
monly included in municipal charters providing for proportional representation. It
would probably be best to include them in a county charter unless there is a set
of rules in a state enabling act or elsewhere that may be legally incorporated in
the charter by reference. Provisions for the counting of ballots in a Hare system
election are set forth in sections 157 to 162, inclusive, and section 164 of the Model
City Charter. These and approved alternative rules will be supplied by the League
on request.


Art. VII
Nominations and Elections
51
ballots cast for the election of councilmen [at large]. Candidates
for councilman [at large] receiving a majority vote shall be de-
clared elected until the number declared elected equals the num-
ber of council offices to be filled [at large] at the election. If more
candidates receive a majority vote than there are offices to be
filled, those receiving the greatest numbers of votes shall be de-
clared elected. If the number of candidates receiving a majority
vote is a majority of the number of offices to be filled, the other
candidates receiving the greatest numbers of votes shall be de-
clared elected until the number declared elected equals the num-
ber of council offices to be filled. If the number of candidates re-
ceiving a majority vote is not a majority of the number of offices
to be filled, no candidate receiving less than a majority vote shall
be declared elected.
[ (2) A majority vote for a district councilman is that number
of votes which is a majority of the total number of valid ballots
cast for the office of district councilman for the district concerned.
Any candidate for district councilman who receives a majority
vote shall be declared elected. If none of the candidates for dis-
trict councilman for a particular district receive a majority vote,
none of such candidates shall be declared elected.]
C. If under the foregoing provisions of this section, one or more
council offices remain unfilled after the election, a second elec-
tion shall be held three weeks later to fill them. In the second
election there shall be printed on the ballot: twice as many names
[of candidates for councilman at large] as there are remaining
council offices to be filled [at large, and the names of two candi-
dates for each office of district councilman remaining unfilled;]
and the names [in each case] shall be those of the unelected can-
didates polling the greatest numbers of votes in the initial elec-
tion. In the second election, the remaining offices shall be filled
by declaring elected the several candidates polling the greatest
numbers of votes.15 All ties in either election shall be decided by
lot in the presence of the candidates concerned and under the di-
rection of the election authorities.
15 It is important to provide either for a nonpartisan primary or for a runoff when-
ever there is danger that a multiplicity of candidates would result in election of a
majority of the members of the county council by a minority vote. These provisions
for a runoff only in case a majority of the candidates do not receive a majority of
the votes in the first election tend to reduce the frequency of runoff elections, thus
saving expense, and have the added possible merit of permitting one or more mi-
nority representatives, while guaranteeing majority rule.


52
Nominations and Elections
Art. VII
Section 7.06. Ballots for Ordinances and Charter Amendments.
Any ordinance or charter amendment to be voted on by the
county in accordance with this charter shall be presented for vot-
ing by ballot title. The ballot title shall be prepared in all cases
by the legal advisor to the county. The ballot title of a measure
may differ from its legal title and shall be a clear, concise state-
ment describing the substance of the measure without argument
or prejudice. If the ballot used in voting upon a measure is a
paper ballot, it shall have below the ballot title the following in-
struction: Place a cross (X) in only one of the squares below.
Below this instruction shall appear, in the order indicated, the
following propositions: FOR THE ORDINANCE and
AGAINST THE ORDINANCE; or, if the measure concerned
is a charter amendment: FOR THE AMENDMENT and
AGAINST THE AMENDMENT. Immediately at the left of each
of the two propositions thus set out, there shall be a square in
which by making a cross (X) the voter may cast his vote upon
the measure. Paper ballots used for voting on one or more meas-
ures shall be used for that purpose only. If voting machines are
used, the ballot title of any measure shall have below it the same
two propositions appropriate to its nature, one above the other
or one preceding the other in the order indicated, and the voter
shall have an opportunity to vote in favor of either of the two
propositions and thereby to vote for or against the measure.
B. Any number of measures may be voted on at the same elec-
tion and may appear on the same ballot. If more than one measure
appears on the same paper ballot or is voted on by paper ballot
at the same election, each measure shall be presented for voting
with ballot title, instruction, propositions and voting squares as
prescribed for single measures. If voting machines are used, each
measure shall be presented for voting as prescribed for single
measures on voting machines. Where one or more charter amend-
ments are presented together with one or more ordinances at the
same election, the charter amendments shall precede the ordi-
nances in the order of presentation.
Section 7.07. Vacancies.
(Alternative I. Proportional Representation)
If a vacancy occurs in the county council, it shall be filled for
the balance of the unexpired term on the basis of a public re-
count of the ballots credited to the vacating member at the time


Art. VII
Nominations and Elections
53
of his election. This recount shall be conducted under the super-
vision of the election authorities according to standard rules for
recounts to fill vacancies in elections by the Hare system of pro-
portional representation.16
(Alternative II. Majority Election)
If a vacancy occurs in the county council, the remaining mem-
bers of the council within thirty days thereafter shall elect an
eligible person by majority vote to fill the vacant office until the
expiration of the period for which the vacating councilman was
elected. [The person chosen to fill the office vacated by a district
councilman must be a resident of the council district which the
vacating councilman represented.]17
Section 7.08. Availability of List of Qualified Voters.
If, for any purpose relating to a general or county election or
to candidates or issues involved in such an election, any organ-
ization, group or person requests a list of qualified voters of the
county, then the county department, office or agency which has
custody of that list either shall permit the organization, group or
person to copy the voters' names and addresses from the list or
shall furnish the organization, group or person a copy of the list.
18 Such rules with alternative provisions are set forth in section 165 of the National
Municipal Leagues Model City Charter and a note attached thereto. These rules will
be supplied by the League on request.
17 When council members are elected for simultaneous four-year terms it may be
desirable to provide that vacancies occurring during the first two years of a term
shall be filled at a special election or at some convenient election for other than
county officers. When the four-year terms are overlapping, a vacancy occurring
during the first two years of a term and at least sixty days (i.e., long enough to
permit proper and timely nominations) before the next regular election of council
members can be filled at such election. If such provision is made, it may still be
desirable to permit the council to fill vacancies temporarily.


Article VIII
INITIATIVE AND REFERENDUM1
Section 8.01. Powers of Initiative and Referendum.
Section 8.02. Petitioners' Committee.
Section 8.03. Initiative and Referendum Petitions: Form and
Sufficiency.
Section 8.04. Referendum Petitions: Suspension of Ordinances
after Filing.
Section 8.05. Initiative and Referendum Petitions: Procedure
after Filing.
Section 8.06. Consideration by the County Council and Submis-
sion to the Voters.
Section 8.07. Withdrawal of Petitions.
Section 8.08. Results of Election.
Section 8.09. Publication of Ordinances; Repeal and Amend-
ment; Conflicts.
Section 8.01. Powers of Initiative and Referendum.
A. (1) The voters of the county shall have power, except as
provided in paragraph (2) of this subsection, to propose ordi-
nances to the county council. If the council rejects an ordinance
proposed hereunder or passes it with amendment, the voters shall
have power to approve or reject the proposed ordinance at the
polls. These powers comprise the initiative power.
(2) The initiative power shall not extend to the proposing of:
any part or all of the annual budget or capital program; or any
ordinance making or repealing any appropriation of money, fix-
ing the salaries of county officers or employees, or authorizing or
repealing the levy of taxes.
(3) Voters seeking to propose an ordinance subject to initia-
l Charter commissions may find it desirable to add to Article VIII provisions for
the recall of elected officers, especially if council members are to be elected for four-
year terms by some method other than proportional representation.
54


Art. VIII
Initiative and Referendum
55
tive shall proceed by way of initiative petition addressed to the
council and containing the full text of the proposed ordinance.
Any initiative petition must be filed with the clerk of the county
council and must be signed by qualified voters of the county equal
in number to at least 10 per cent of the total number of persons
who voted in the county for the office of governor in the last
gubernatorial election.
B. (1) The voters of the county shall have power, except as
provided in paragraph (2) of this subsection, to require recon-
sideration by the council of any adopted ordinance, including any
ordinance initiated under subsection A of this section and adopted
by the council. If the council fails to repeal an ordinance which
it has been required to reconsider, the voters shall have power to
approve or reject that ordinance at the polls. These powers com-
prise the referendum power.
(2) The referendum power shall not extend to any part or all
of the capital program or annual budget or the property tax2 lev-
ied therein; or to any ordinance making or repealing any appro-
priation of money; or to any emergency ordinance; or to any re-
pealing ordinance adopted by the council in compliance with a
referendum petition.
(3) Voters seeking a referendum on any ordinance shall pro-
ceed by way of a referendum petition addressed to the council,
identifying the ordinance concerned and requesting that it be
either repealed or referred to the voters of the county. Any ref-
erendum petition must be filed with the clerk of the county coun-
cil within thirty days after adoption by the council of the ordi-
nance concerned and must be signed by qualified voters of the
county equal in number to at least 10 per cent of the total num-
ber of persons who voted in the county for the office of governor
in the last gubernatorial election.
Section 8.02. Petitioners' Committee.
For each initiative or referendum petition there shall be a peti-
tioners committee representing all the petitioners and composed
of five members who shall be qualified voters of the county and
signers of the petition concerned. The petitioners committee shall
2 Allowing a referendum upon the county property tax would interfere greatly with
normal county government and pose other difficulties. This charter, however, does
not exclude the possibility of a referendum upon other taxes which the county may
be allowed to levy, such as a sales tax.


56
Initiative and Referendum
Art. VIII
be responsible for circulation of the petition and for its assembly
and filing in proper form. The committee may also amend or with-
draw its petition as provided in this charter.
Section 8.03. Initiative and Referendum Petitions: Form and
Sufficiency.
Initiative and referendum petitions shall be governed by the
rules regarding form and sufficiency set out in this section, as
well as by such other rules regarding form and sufficiency as the
county council may impose by ordinance consistent with the pro-
visions and with the spirit and purpose of this charter.3
(1) The signatures to a petition shall be executed in ink or in-
delible pencil and need not all be affixed to one paper, but all
papers of a petition shall be of uniform size and style and shall be
assembled as one instrument for filing with the clerk of the county
council. Petitions or petition papers which reasonably comply with
these requirements shall be accepted by the clerk without delay
upon presentation and their filing shall be completed by his ac-
ceptance. Non-complying petitions or papers may be rejected by
the clerk until they are brought into reasonable compliance.
(2) The clerk shall not accept any petition until it indicates:
(a) By name and address, the five petitioners who constitute
the petitioners committee for that petition and
(b) The address to which all notices for the petitioners com-
mittee are to be sent.
(3) Any petition shall be certified or determined insufficient
which:
(a) Is validly signed by less than the required number of
qualified voters of the county, or
(b) Proposes, or requests repeal of, an ordinance not sub-
ject to the power under which the petitioners are proceeding, or,
(c) If a referendum petition, is not filed within the time
allowed.
3 Section 8.03 leaves scope for council ordinances based on experience under
this article. Some scope, such as it provides, is also necessary for handling, for ex-
ample, the problem of errors in petitions or in the ordinances concerned. These er-
rors may include the obvious typographical ones correctible by clerk or council
without violence to the inflexible rule that the ordinance put to county vote must
be, as nearly as possible, identical with that approved by the signers of the petition.
Errors may range through many degrees difficult for a draftsman to anticipate. An
example would be failure in an ordinance to cite properly another ordinance in-
tended to be repealed.


Art. VIII
Initiative and Referendum
57
(4) No signature on a petition paper shall be counted in sup-
port of the petition involved if that paper:
(a) Being part of an initiative petition, has not contained or
had attached to it throughout its circulation the full text of the
proposed measure, or
(b) Being part of a referendum petition, has not contained
throughout its circulation a clear, concise designation and de-
scription of the measure concerned.
(5) No signature on a petition paper shall be counted in sup-
port of the petition involved if that paper, at the time of filing,
does not have attached to it an affidavit, executed by the circulator
of that paper, to the effect:
(a) That he personally circulated the paper;
(b) That the paper bears a stated number of signatures;
(c) That each signature on the paper was affixed in his pres-
ence;
(d) That he believes each signature to be the genuine sig-
nature of the person whose name it purports to be;
(e) If an initiative petition is concerned, that the full text of
the proposed measure was attached to or contained in the ac-
companying paper throughout its circulation, and that each
signer of the accompanying paper had an opportunity before
signing to read the full text; and
(f) If a referendum petition is concerned, that each signer
of the accompanying paper had an opportunity before signing to
read the designation and description of the measure in ques-
tion.
If a petition paper contains more signatures than the number
sworn to by the circulator, as many of the last signatures on the
paper as are in excess of the number sworn to shall not be counted
in support of the petition involved. If a petition paper contains
fewer signatures than the number sworn to by the circulator, all
the signatures shall be counted unless invalid on other grounds.
Section 8.04. Referendum Petitions: Suspension of Ordinances
after Filing.
When, within the time allowed, a referendum petition is filed
with the clerk of the county council, the ordinance to which that
petition is directed shall immediately be and shall remain sus-


58
Initiative and Referendum,
Art. VIII
pended from taking effect. This suspension shall terminate when,
in accordance with this article:
(1) A final determination is made that the petition concerned
is insufficient, or
(2) The petitioners committee withdraws the petition, or
(3) The council reconsiders the ordinance and repeals it with-
out modification, or
(4) Thirty days4 have elapsed after a vote of the county on
the ordinance.
Section 8.05. Initiative and Referendum Petitions: Procedure
after Filing.
A. Within twenty days after the filing of an initiative or refer-
endum petition, the clerk of the county council shall complete a
certificate as to whether the petition is sufficient. If the clerk certi-
fies a petition insufficient, his certificate shall show the particulars
wherein the petition is defective. As soon as he has completed his
certificate, the clerk shall notify the committee of petitioners of
the contents of the certificate. If a petition is certified sufficient,
the clerk shall present his certificate to the county council at its
next meeting and that certificate shall be a final determination as
to the sufficiency of the petition. If a petition is certified insuffi-
cient under section 8.03(3)(a), a majority of the committee of peti-
tioners may elect to amend the petition; but if a majority does not
so elect to amend the petition, the clerk shall present his certificate
to the council at its next meeting and that certificate, unless re-
view is requested as provided in subsection C of this section, shall
be a final determination as to the sufficiency of the petition.
B. If a majority of the committee of petitioners elects to amend
the petition, then within ten days after notice of the contents of
the clerks certificate, the committee may file, for purposes of
amendment, a supplementary petition upon additional papers. The
supplementary petition shall be governed by the same require-
ments as an original petition with respect to such matters as uni-
formity and assembly of papers, listing of the petitioners com-
mittee, text or designation and description of measures, circu-
lators affidavits, the writing and counting but not the number of
4 This is an arbitrary period of time and should be varied in accordance with the
local situation so as to leave enough time for the counting of votes and declaration
of election results. "Thirty days" coincides with the taking effect provisions of section
2.0BC. If there is a definite provision for the official reporting of election results, the
lifting of the suspension should probably coincide with that reporting.


Art. VIII
Initiative and Referendum
59
signatures. Within five days after the filing of a supplementary
petition, the clerk shall complete a second certificate as to whether
the original petition, as amended by the supplementary petition, is
sufficient. If the clerk certifies the amended petition insufficient,
his second certificate shall show the particulars wherein the peti-
tion is still defective. As soon as he has completed his second cer-
tificate, the clerk shall notify the petitioners committee of the con-
tents of his second certificate. If an amended petition is certified
insufficient and there is no request for the review provided in sub-
section C of this section, or if an amended petition is certified suffi-
cent, the clerk shall present his second certificate to the council at
its next meeting and that certificate shall be a final determination
as to the sufficiency of the petition.
C. If a petition has been certified insufficient and there is no
election to amend it, or if an amended petition is certified insuffi-
cient, the clerk shall present his latest certificate on the petition to
the council at its next meeting, but, at or before that meeting, a
majority of the committee of the petitioners may request the
council to review the clerks certificate. If this request is made,
the council shall review the clerks latest certificate and may ap-
prove it or, if necessary to achieve compliance with this charter,
may substitute by resolution its own determination as to the suffi-
ciency of the petition; but in either case the determination of the
council shall be final as to the sufficiency of the petition.
D. If, in any one of the ways provided in this section, a final
determination has been made that a petition is insufficient, that
determination shall be subject to court review, but no further ac-
tion shall be taken on the petition unless the reviewing court di-
rects otherwise. Such a final determination, even if sustained
upon review, shall not prejudice the filing of a new petition for
the same purposes.
Section 8.06. Consideration by the County Council and Submis-
sion to the Voters.
A. When the county council has been presented with, or has,
an initiative or referendum petition which has been finally deter-
mined sufficient in accordance with the preceding sections of this
article, it shall proceed at once to consider that petition. If an
initiative petition is concerned, the ordinance it proposes shall at
once be introduced and shall undergo all other procedures re-
quired for ordinances of the same kind; however, not later than 60


60
Initiative and Referendum
Art. VIII
days after the date on which the petition proposing the ordinance
is finally determined to be sufficient, the council shall complete its
consideration of the proposed ordinance and shall adopt it with or
without amendment or reject it. If a referendum petition is con-
cerned, the ordinance to which that petition is directed shall be
reconsidered by the council and, not later than 30 days after the
date on which the referendum petition was finally determined
sufficient, the council shall by resolution repeal or sustain the or-
dinance. Final council action on ordinances to which a referen-
dum petition is directed shall be by vote on a resolution in the
following form: _________County hereby resolves that.........-__
[here identify clearly the ordinance specified in the referendum
petition] is repealed.
B. If the council fails to adopt, or adopts with amendment, a pro-
posed initiative ordinance, or if the council fails to repeal an ordi-
nance reconsidered pursuant to a referendum petition, it shall
submit the originally proposed initiative ordinance or refer the
reconsidered ordinance concerned to the voters of the county. The
form of ballot for submission or referral of such measures shall
be governed by section 7.06. The vote on any such measure shall
be held not sooner than thirty days and not later than one year
from the date of the final council vote thereon. If no regular elec-
tion is to be held within that period, the council shall provide for
a special election on the ordinance; otherwise, the holding of a
special election on the ordinance shall be in the discretion of the
council.
Section 8.07. Withdrawal of Petitions.5
A. A petitioners committee may withdraw its petition:
(1) At any time after the county council: (a) if an initiative
petition is involved, has finally rejected or has adopted with
amendment the ordinance proposed, or (b) if a referendum peti-
tion is involved, has finally refused to repeal the ordinance to
which the petition is directed;
(2) But not later than the fifteenth day immediately preced-
5 As an alternative to the committees power of withdrawal, constitutionality of
which may be questioned in some states, the final submission to the voters of the
county may be made dependent on the filing of an additional petition, since a change
made by the council may actually be acceptable to the original petitioners as an im-
provement. If this suggestion is taken, the number of signatures required for bring-
ing the proposal before the council should probably be reduced to 5 per cent and
an additional 5 per cent petition required for submission of the original proposal.


Art. VIII
Initiative and Referendum
61
mg the day scheduled for a vote in the county on the measure
concerned.
B. No petition shall be withdrawn except by written request
for its withdrawal filed with the council within the time limits
prescribed for withdrawal and signed by at least four of the five
members of the petitioners committee for that petition. The filing
of such a request immediately withdraws the petition and there
shall be no further action on or under that petition and no county
vote or further action pursuant to that petition on the measure
concerned.
Section 8.08. Results of Election.
If a majority of the voters of the county voting upon a proposed
initiative ordinance shall vote in favor of it, the ordinance in-
volved shall thereupon be an ordinance of the county. A referred
ordinance not approved by a majority of the voters voting on it
shall thereupon be repealed.
Section 8.09. Publication of Ordinances; Repeal and Amendment;
Conflicts.
A. Ordinances adopted under this article by the county council
or by the voters of the county shall be published and shall take
effect as prescribed for ordinances generally.
B. Any ordinance so adopted and any ordinance approved by
the voters of the county under this article may be amended or re-
pealed by the council as are other ordinances of like nature.
C. If two or more clearly conflicting ordinances are adopted or
approved at the same county election, then, as soon as practicable
thereafter, the council shall enact such amendments or repeals or
both as may be necessary to remove the conflicts between these
ordinances. In making these amendments or repeals or both, the
council shall prefer, and wherever reasonably possible preserve
intact, the provisions of that ordinance which, among those in
conflict, was adopted or approved by the greatest number of af-
firmative votes.


Article IX
GENERAL PROVISIONS
Section 9.01.
Section 9.02.
Section 9.03.
Section 9.04.
Section 9.05.
Section 9.06.
Bonding of Officers.
Personal Financial Interest.
Right to Attend County Council Meetings.
Prohibitions.
Amendment of the Charter.
Separability.
Section 9.01. Bonding of Officers.
The director of finance and such other county officers or em-
ployees as the county council may provide shall give bond in the
amount and with the surety prescribed by the council. The pre-
miums on such bonds shall be paid by the county.
Section 9.02. Personal Financial Interest.
Any county officer or employee who has a substantial financial
interest, direct or indirect or by reason of ownership of stock in
any corporation, in any contract with the county or in the sale of
any land, material, supplies or services to the county or to a con-
tractor supplying the county, shall make known that interest and
shall refrain from voting upon or otherwise participating in the
making of such a contract or sale. Any county officer or employee
who willfully conceals such a substantial financial interest or will-
fully violates the requirements of this section shall be guilty of
malfeasance in office or position and shall forfeit his office or posi-
tion. Violation of this section with the knowledge express or im-
plied of the person or corporation contracting with or making a
sale to the county shall render the contract voidable by the county
manager or the county council.
Section 9.03. Right to Attend County Council Meetings.
All county administrative officers, and such other county offi-
cers or employees as may be designated by vote of the county
council, shall be entitled to seats in the council, but may not vote
62


Art. IX
General Provisions
63
therein. The manager shall have the right to take part in the dis-
cussion of all matters coming before the council; and the other
county administrative officers shall have the right to take part in
all council discussions relating to their respective departments,
offices or agencies.
Section 9.04. Prohibitions.
A. (1) No person shall be appointed to or removed from, or in
any way favored or discriminated against with respect to, any
county position or appointive county administrative office be-
cause of his race or his political or religious opinions or affilia-
tions.
(2) No person shall willfully or corruptly make any false
statement, certificate, mark, rating or report in regard to any test,
certification or appointment under the personnel provisions of
this charter or in any manner commit or attempt to commit any
fraud preventing the impartial execution of the personnel provi-
sions or of the rules and regulations made thereunder.
(3) No person who seeks appointment or promotion with re-
spect to any county position or appointive county administrative
office shall directly or indirectly give, render or pay any money,
service or other valuable thing to any person for or in connection
with his test, appointment, proposed appointment, promotion or
proposed promotion.
(4) No person shall orally, by letter or otherwise solicit or be
in any manner concerned in soliciting any assessment, subscrip-
tion or contribution for any political party or political purpose
whatever from any person holding any county position or ap-
pointive county administrative office.
(5) No person who holds any county position or appointive
county administrative office shall make, solicit or receive any con-
tribution to the campaign funds of any political party or any can-
didate for public office or take any part in the management, affairs
or political campaign of any political party, but he may exercise
his rights as a citizen to express his opinions and to cast his vote.
B. Any person who by himself or with others willfully or cor-
ruptly violates any of the provisions of section 9.04A (1) (4) above
shall be guilty of a misdemeanor and upon conviction thereof shall
be punishable by a fine of not more than________dollars ($___),
or by imprisonment for not more than------------------, or both.
Any person who by himself or with others willfully or corruptly


64
General Provisions
Art. IX
violates any of the provisions of section 9.04A(5) above shall be
guilty of an offense and upon conviction thereof shall be punish-
able by a fine of not more than_______dollars ($....-). Any
person convicted under this section shall be ineligible, for a period
of five years thereafter, to hold any county office or position and,
if an officer or employee of the county, shall immediately forfeit
the office or position he holds.
Section 9.05. Amendment of the Charter1
A. In the manner provided by law for the framing, proposal and
submission of new charters, a charter commission may frame and
propose amendments to this charter and may submit any such
amendment to the voters of the county.
B. The county council may frame and by ordinance propose
amendments to this charter. Except as otherwise provided in this
subsection, every ordinance proposing a charter amendment shall
be introduced in the form and manner, and governed by the pro-
cedure and requirements, prescribed for ordinances generally.
Every such ordinance shall contain after the enacting clause the
following, and no other, matter: (1) a statement that the charter
amendment set out in the ordinance is proposed for submission
to the voters of the county in accordance with the requirements
of this charter, and (2) the full text of the proposed charter
amendment. Such an ordinance shall become effective upon adop-
tion; and its effect shall be to require that the clerk of the county
council immediately deliver a certified copy of the ordinance to
the county election authorities and that the election authorities
submit the proposed charter amendment therein contained to
the voters of the county as provided in section 9.05D.
C. Voters of the county may frame and propose amendments
to this charter. They may propose any such amendment by a pe-
tition addressed to the county council and containing the full text
of the proposed amendment. Any petition proposing a charter
amendment must be filed with the clerk of the county council
and must be signed by qualified voters of the county equal in
number to at least 15 per cent of the persons who voted in the
1 In order to avoid repetition, many provisions of Article VIII (Initiative and Ref-
erendum) are incorporated by reference in section 9.05B. If the Initiative and Ref-
erendum Article is not adopted, such materials therein as apply to charter amend-
ment may be transferred with appropriate adaptations to complete the charter
amendment provisions. In this situation, it may be desirable to create a new Article
devoted to the subject of charter amendment.


Full Text

PAGE 1

MODEL COUNTY CHARTER NATIONAL MUNICIPAL LEAGUE 1956

PAGE 2

MODEL COUNTY CHARTER Introduction by JOHN E. BEBOUT NATIONAL MUNICIPAL LEAGUE CARL H. PFORZHEIMER BUILDING 47 EAST 68TH STREET NEW YORK 21, N. Y. 1956 (AD.

PAGE 3

Copyright 1956 by National Municipal League Price $1.50 1156

PAGE 4

TABLE OF CONTENTS Foreword v Introduction xi Article I. Powers of the County 2 Article II. County Council 3 Article III. County Manager 14 Article IV. Administrative Departments, Offices and Agencies; Advisors 18 Article v. Financial Procedures 24 Article VI. County Planning 33 Article VII. Nominations and Elections 41 Article VIII. Initiative and Referendum 54 Article IX. General Provisions 62 Article X. Transitional Provisions 67

PAGE 5

FOREWORD It is characteristic of Americans to strain every effort to find improved methods of running industry, business and scientific pursuits but to cling to out-dated methods of operating government until pressures for improvement become overwhelmingly demanding. This has been particularly true of county government; so much so, indeed, that until recent years some authorities doubted that it could survive or was even worth saving. Within this generation, however, many counties have been called upon to provide continually increasing local government services despite the general realization that it is poorly organized to handle such activity. At the beginning of this swing toward greater reliance on counties, the National Municipal League, assisted by several score advisors, many of whom have had lifetimes of experience with county problems, began work on its first Model County Charter. Like other League models, it is the collective product of numerous minds. It has also gone through several tough laboratory tests of being used by charter commissions and legislative draftsmen. Designed to help those who are attempting to make the county equal to its task, it should be useful to public officials, charter consultants and draftsmen, political scientists-in fact, to all who are concerned with the improvement of county government. The Introduction, purposely extensive, will be more useful to many persons than will the text of the charter itself. Although it is chiefly the work of John E. Bebout, assigtant director of the National Municipal League, it, too, is the product of many minds. The Introduction reviews and evaluates the present status and prospects of county government in the light of its history. It also explains significant features of the charter and furnishes qualifying caution in tailoring a charter for the specific needs of a particular county. The background of this Model goes back more than a quarter of a century to the first League Committees on County Govern-v

PAGE 6

vi Foreword ment headed by the late John A. Fairlie, for which Paul W. Wager and Howard P. Jones acted as secretaries. Many meetings and much correspondence resulted in two basic reports: A Model County Manager Law, in 1930, and Principles of a Model County Government, in 1933. The latter was drafted by the late R. C. Atkinson. These served as the basic starting point for the present publication. Mr. Atkinson prepared the first draft and a revision after it had been submitted to several dozen persons for their comments and suggestions. The decision to replace Model Law with a Model Char ter was the result of the increased opportunities for county home rule. It was felt that the charter form would be of more practical help to a greater number of people working on county charters while still meeting the needs of legislatures seeking to modernize county government laws. This Model is the result of the expenditure of a very large amount of time and study on the part of a very large number of people. To acknowledge by name all of those who have contributed to it is not possible. It is equally impossible to give anything like adequate recognition to the many hours of labor and repeated conferences which many of them devoted to this enterprise. Very special recognition, of course, is due Mr. Atkinson who comes nearer than any one else to being the author of the Model. In the later stages Columbia University's Legislative Drafting Research Fund gave invaluable technical assistance both in the refinement of style and arrangement at many points and in the preparation of new material introduced into the Model after Mr. Atkinson completed his work. The work of the Fund was done by its director, John M. Kernochan, aided by Associate Director Frank P. Grad and assistants Milton S. Heath, Jr., and Frederick E. Wells. The period during which this Model was in preparation was one of such rapidly expanding appreciation of the responsibilities and potentialities of county government that a number of sec tions were substantially rewritten several times in order to keep up with the latest, best thought. This necessarily increased both the labor expended and the League's debt of gratitude to many of the consultants, especially to Messrs. Kernochan and Grad and to Joseph M. Cunningham, former deputy comptroller of the city of New York, who gave most generously of his time and

PAGE 7

Foreword vii wisdom in helping to develop the article on fiscal procedures. It goes without saying that a project of this sort puts heavy demands on the League's regular staff-for planning, correspond ence, preparation and checking memos and drafts, recruiting of consultants and coordination of their efforts, and many other activities. Mr. Bebout carried the basic responsibility. Other present and former staff members who devoted substantial attention to this project include Guthrie S. Birkhead, William N. Cassella, Jr., RichardS. Childs, Stella Foreman, Samuel K. Gove, Elsie S. Parker and Thor Swanson. Among the many others whose thoughtful suggestions and criticisms were specifically helpful were: L. H. Adolfson, University of Wisconsin; William Anderson, University of Minnesota; Emmett G. Asseff, executive director, Louisiana Legislative Council; Richard A. Atkins, Syracuse Governmental Research Bureau; Harold I. Baumes, League of Vir ginia Municipalities; Paul Beckett, State College of Washington; George S. Blair, University of Pennsylvania; T. Ledyard Blake man, former executive director, Detroit Metropolitan Area Reg ional Planning Commission; Walter H. Blucher, former executive director, American Society of Planning Officials; Ernest J. Bohn, Cleveland Metropolitan Housing Authority; John C. Bollens, University of California at Los Angeles; William L. Bradshaw, University of Missouri; A. C. Breckenridge, University of Nebraska; Arthur W. Bromage, University of Michigan; Harold S. Buttenheim, editor emeritus, The American City. Ernest H. Campbell, University of Washington; Eric Carlson, Pan American Housing Conference; Charlton F. Chute, Institute of Public Administration; J. M. Claunch, Southern Methodist University; William S. Coburn, manager, Hampton, Va.; Henry W. Connor, Bureau of Municipal Research, Newark, N. J.; Wel don Cooper, University of Virginia; John D. Corcoran, Public Administration Service; Edwin A. Cottrell,* Stanford University; C. A. Crosser, Municipal League of Seattle and King Coun ty; Joseph M. Cunningham, former deputy comptroller, City of New York; Willard F. Day, former manager, Henrico County, Va.; John A. Donaho, Baltimore; Henry Fagin, Regional Plan Association, New York; Russell Forbes, former executive direc tor, National Municipal League; A. E. Fuller, manager, Fulton Deceased.

PAGE 8

viii Foreword County, Ga.; Thomas J. Graves, U.S. Bureau of the Budget; Lee S. Greene, University of Tennessee; Albert H. Hall, National Institute of Governmental Purchasing, Inc.; George H. Hallett, Jr., Citizens Union, New York. Victor Jones, University of California, Berkeley; Mrs. Siegel W. Judd, Grand Rapids, Mich., Council, National Municipal League; Walter E. Kaloupek, University of North Dakota; H. Eliot Kaplan, former executive secretary, National Civil Service League; Herman Kehrli, University of Oregon; Paul Kelso, University of Arizona; Wylie Kilpatrick, University of Florida; Charles M. Kneier, University of Illinois; Lane W. Lancaster, University of Nebraska; Donald R. Larson, Public Administration Service; Stuart A. MacCorkle, University of Texas; Roscoe C. Martin, Syracuse University; Samuel C. May,* University of California, Berkeley; Elwyn A. Mauck, former director, Maryland State Fis cal Research Bureau; Irving G. McNayr, former manager, Montgomery County, Md.; Orin F. Nolting, International City Managers' Association; McKim Norton, Regional Plan Association, New York; E. S. Overman, University of Tennessee; Raymond B. Pinchbeck, University of Richmond; Albert Pleydell, New York; James K. Pollock, University of Michigan; Hugh Pomeroy, planning director, Westchester County, New York; William R. Pouder, Tennessee Taxpayers Association. Robert H. Rawson, Cleveland, Ohio, Council, National Municipal League; Thomas H. Reed, Wethersfield, Conn.; R. R. Renne, Montana State College; Clarence E. Ridley, former executive director, International City Managers' Association; Leo C. Riethmayer, University of Colorado; Emil J. Sady, The Brookings Institution; M. H. Satterfield,* Tennessee Valley Authority; Harold S. Shefelman, president, Municipal League of Seattle and King County; Lloyd M. Short, University of Minnesota; Earl L. Shoup,* Western Reserve University; Clyde F. Snider, University of Illinois; Estal E. Sparlin, Citizens League of Cleveland; George W. Spicer, University of Virginia; Ralph R. Temple, Alexandria, Va.; H. V. Thornton, University of Oklahoma; Paul W. Wager, University of North Carolina; Harvey Walker, Ohio State University; Morton L. Wallerstein, League of Virginia Munici palities; James R. Watson, National Civil Service League; J. Harry Westherly, manager, Guilford County, N. C.; Donald H. Webster, University of Washington; Edward W. Weidner, Mich-

PAGE 9

Foreword ix igan State University; W. Earl Weller, former director, Rochester Bureau of Municipal Research; York Willbern, University of Alabama; Coleman Woodbury, Yale University. To all those named here and to many others, some of whom have helped greatly without realizing it, we express our sincere thanks. In acknowledging help we do not, of course, assume anyone's personal agreement with everything either in the Model or in the Introduction. In the complex, changing human field of government unanimous agreement, even among the most objective experts, is not to be expected or even desired on all aspects of so large a matter as a county charter. The best we can strive for is to reflect with reasonable accuracy a fairly broad consensus of qualified thinkers. ALFRED WILLOUGHBY, Executive Director

PAGE 10

INTRODUCTION No part of the American governmental system is more in need of basic reorganization than the county. By common admission the prevailing system of county government is clumsy, antiquated and almost inevitably expensive in relation to the services it renders. County government is the product of a thousand years of piecemeal growth. Its foundations were laid in medieval England, and the superstructure has slowly risen through the intervening centuries. Like some sprawling old castle it bears the imprints of many a builder and its rambling arrangement betrays the utter absence of consistent plan. While important additions have been made in the last generation, the main outlines of county organization have come down from the days of the oxcart and the mud road. The greater part of the structure remains substantially as it was in the middle of the nineteenth century and some features are much as they were in the colonial period. Some years ago many people were happily predicting the progressive decay, if not the early demise, of county government. The outmoded structure, small size and inadequate resources of many counties lent plausibility to such predictions, particularly when the apparent stagnation of county government was contrasted with the dynamic growth and rapid modernization of city governments since the turn of the century. The last few years, however, have seen a decided change in attitudes with respect to the future of county government. County functions have been growing in number, importance and magnitude. This process has been particularly marked in metropolitan communities but has by no means been confined to them. The multiplication of the functions performed by Milwaukee County is a good illustration of what has happened in urban areas. The county was organized in 1835 with 26 activities but at the end of 1955 was performing 219. The greatest increase in activities has occurred in the last twenty years, ninety of them having been added since 1925.1 1 Research Bulletin, The Citizens Governmental Research Bureau of Milwaukee, August 25, 1955. xi

PAGE 11

xii Introduction County progress has, however, been retarded by a number of factors. Perhaps the basic factor is a simple failure on the part of the public, and even of many county officials and authorities on government, to think of the county in terms of its real potentialities under modern conditions. This failure in turn is a natural consequence of the peculiar history of county government and of the somewhat ambiguous position it has long occupied in our system. Originally established as a convenient area for administration of certain functions of the central government, in our country the state, it has gradually acquired more and more of the responsi bilities and aspects of genuine local government. This trend has gone so far that counties in many states are coming to be treated as municipal corporations. Yet legal and political theories of county government still tend to emphasize the supposedly basic difference between the county as a mere agent of the state and the city as a more or less autonomous association for strictly local purposes. The fact is that the modern development of intergovernmental relations has largely outmoded this distinction. These relations are characterized increasingly by a sharing of responsibilities rather than a sharp separation of functions among the several levels of government. Consequently, traditional thinking regarding the nature and status of all levels of government, including the meaning of such concepts as "states' rights," "local self-gov ernment" and "home rule," is undergoing substantial modifica tion. State governments function as agents of the nation in carrying out programs authorized by the Congress while retaining their status as self-governing constituents of the federal union. In somewhat similar manner municipalities originally established for strictly local convenience serve as agents of the state. And both county and municipal governments, which are constitutionally creatures of the state, maintain direct relations with the national government without becoming its legal wards. One of the effects of this evolution of intergovernmental relations has been to enhance the importance of the county in our whole system of government. That effect is described as follows in the report of the Commission on Intergovernmental Relations:2 "The intermediate position of the county between the state and 2 A Report to the President for Transmittal to the Congress, Washington. D. C., 1955, 322 pages. (Pages 53-54.)

PAGE 12

Introduction xiii municipal governments in some areas, and its position as the primary area of local government or administration in others, have steadily enlarged its importance in intergovernmental relations. It continues to serve in its traditional role as an agent of the state for law enforcement, judicial administration, the conduct of elections and other important functions. At the same time, county governments have gradually been acquiring functions and powers of a municipal character, some of them transferred from municipalities with inadequate area and resources. The result is that in most states the responsibilities of local government are increasingly being divided between municipalities and counties. This movement has been accelerated in recent years by the fact that the national government has found the county more convenient than the municipality as a base for a number of grantaided programs. "The county seat is commonly the headquarters for officials ad ministering certain federal programs, and the county government is often the only available local unit with which the national government may cooperate. In three fields where federal grants-inaid directly affect large numbers of people-welfare, health and agriculture-the county is involved in varying degrees. Welfare is administered at the county level, sometimes by the state and sometimes by a county welfare board that is a substantially independent agency. In public health, it is the national policy to encourage local administration by county or intercounty health units. The national agricultural programs, except for soil conservation technical assistance, are based on the county, either as an administrative area or as a unit of government, and as a matter of fact about 80 per cent of the soil conservation districts are coterminous with the county. Counties, of course, participate in the highway program and are sometimes involved in other national programs." The report went on to point out that the Commission's Advisory Committee on Local Government, which included two representatives of the National Association of County Officials, had observed that "as counties assume more and more responsibility for carrying out programs for the state government, or for the nationalstate governments, the need for improved county government be comes more urgent." The Commission then made its own strong plea for strengthening and modernizing county governments: "The states could advance the cause of local self-government

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xiv Introduction by giving all counties the opportunity to obtain modern charters, to use modern methods of administration, and to exercise more home rule powers. The strengthening of rural counties especially would take some of the load off state administration and simplify the task of administering national programs based upon the counties." Thus the commission saw the counties playing not a decreasing but an increasing role in our federal system and saw this as a reason for strengthening their capacity for self-government. Implicit in this conclusion is the proposition that sound intergovernmental relations require that each level of general government be responsible and efficient, capable of initiative, energy and some degree of unity in planning and carrying out public policies. A failure to achieve this condition at any level of government tends to produce an undue concentration of power at a higher level or in more or less irresponsible functional hierarchies. It may also result in independent special districts and authorities.3 The importance of this philosophy of intergovernmental relations for the future of county government can hardly be over emphasized. The county has proved to be a natural focal point for a growing number of the most significant inter-level administra tive relationships. If the elements of local participation and re sponsibility which are of the essential genius of American government are not to be sacrificed, we must, therefore, have responsible government able to represent the sense and interests of the community at the county level. This is needed not merely to satisfy a theory of local democracy but to promote effective and econom ical achievement of sound service goals as well. The Commission on Intergovernmental Relations recognized that when it endorsed the recommendations of its Advisory Committee on Local Government that county governments should be encouraged "to have an office re'sponsible to the elective head or chief executive of each county ... ; to facilitate cooperation and coordination among agencies carrying out related programs; and to assist in planning programs with a view of adapting them as far as possible to the peculiar needs and conditions of the county."4 It is clear that this suggestion is directly related to the pleas of 3 See "Threat to Responsible Rule," by Joseph E. McLean, National Municipal Review, September 1951, page 411. See also Special Distrtct Governments in the United States, by John C. Boiiens, University of California Press, Berkeley, 1957. 4 An Advisory Committee Report on Local Government, submitted to the Commission on Intergovernmental Relations, Washington, D. C .. 1955, 62 pages. (Page 5.)

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Introduction XV the Advisory Committee and of the Commission for a tightening up and strengthening of the basic structure of general county government, because the usefulness of this office would be seriously limited if it were not answerable to a responsible official enjoying some real authority over the various county agencies involved. No one starting from scratch would think of organizing any business, public or private, as a typical county is organized. Contrary to the practice of private business and of other important governmental units, the typical county has no administrative head. The county board performs the functions of such an officer in a measure, but only to a limited degree. The actual conduct of county affairs is usually scattered among from eight to a dozen separately elected officials and a long list of boards, commissions and lesser appointive officers. Because of the method of their selection and for other reasons, many of these agencies and officials escape ef fective supervision and control. Theoretically, many of them are directly responsible to the voters, but their number is so great and the work of their offices so obscure that little real control can be exercised in fact by the electorate. The long county ballot burdens and confuses the voters, while the multiplicity of separate county agencies interferes with efficient administration and makes it difficult or even impossible to fix responsibility for results. The extreme fragmentation of county government seriously hampers the use of such tools of management as the executive budget, centralized purchasing and over-all personnel administration. Even where these devices are provided for, their effective ness is often greatly limited by the resistance of independently elected officers and substantially independent boards and by the hesitancy of members of the county board to exercise legal powers they actually possess over officials who are their political equals. The difficulty of revamping an old style county government should not be underestimated. Ancient tradition, vested political and other interests and organizational and procedural arrangements frozen into state constitutions and laws all contribute to making county reorganization one of the toughest assignments that citizens can undertake. But the job can be done, as citizens and forward-looking officials in a few counties scattered widely throughout the country have demonstrated. Stubborn defects in county government have been overcome in enough places to demonstrate that citizens can have

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xvi Introduction modern, well organized county governments if they care enough to make the necessary effort. Some of the ancient and separately elected officials have been eliminated altogether or, as in the case of many coroners, by-passed so completely that no one seeks the now empty office. Unwieldy county governing boards, sometimes with over 75 members, have been reduced to a manageable size. Single administrative or executive heads, some appointive and some elective, have been established with varying degrees of responsibility for day-to-day administration. Some of the appointive administrators are recognized as full fledged county managers, comparable to city managers.5 Counties that have adopted such improvements not only perform old functions more efficiently but also win public confidence. This often leads to assignment of new responsibilities that would otherwise go by default or be vested in independent agencies or in a higher level of government. In general, the Model County Charter simply brings together in one document provisions for the organization and conduct of county affairs which in various combinations have been widely tested in local government and have been proved by experience to be workable at the county level. No model charter or law can be drafted which should be adopted anywhere without change. The vast differences in the size, resources and problems of the 3,000 odd organized counties would in themselves make it impossible to prescribe a single basic law or charter equally applicable to all. When to these differences are added the differences in constitutional and legal provisions for county government and differences in political habits and traditions, it is clear that there can be no single neatly packaged answer to the whole problem of governmental organization and power for every county. The traditional position of the county in New England will, of course, make the Model generally inapplicable there. The Model is offered, therefore, not as a panacea but as a resource, seeking to embody as much as possible of the best and most up-to-date thinking on the basic structure of county government. It therefore suggests goals not only for the local drafting of home rule or special county charters but also for the preparation of optional county charter laws or for amendments of provisions of 5 See Digest of County Manager Charters and Laws, National Municipal League (4th ed.), 1955, 70 pages, $2.00.

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Introduction xvii state constitutions and laws where those provisions would prevent or impede the modernization of county government. The constitutions of six states-California, Maryland, Mis souri, Ohio, Texas and Washington-make provision for the drafting of home rule charters by all or certain classes of counties. While the home rule authority in several of these states is quite broad, it does not follow that every provision of the Model could be adopted in any one of them.6 Admittedly, the Model will look pretty formidable to many peo ple, who think in terms of the small rural or semi-rural counties. It is, of course, the more urbanized counties, including the large metropolitan counties which have assumed many municipal functions, that have the most obvious need to reorganize. The Model has been prepared with a view to being as serviceable as possible to such counties. Hence, the Model contains details on ordinances, planning and certain other matters that would probably not be necessary or appropriate in many small counties. On the other hand, basic provisions regarding the structure of county government, the election and appointment of county officers and the division of responsibilities among them are readily adaptable to small counties. Petroleum County, Montana, (population 1,026) has been demonstrating this ever since 1942 when the county manager plan went into effect. Elimination of excess organizational baggage and the concentration of responsibility for stretching limited revenues to meet essential service needs may in some cases be even more vital to a small rural county than to a large urban county with extensive taxable resources. One fourth of the counties in the country have less than 10,000 population and many of these are too small as presently organized and financed to provide modern services economically and effi ciently. Some are even unable to keep their courthouses in good repair. Surveys in more than half the states have pointed out that the cost of county government could be decreased and its effective ness greatly increased by a substantial reduction in the number of counties through consolidations. Yet what has been described as "unanimity of expert opinion" has resulted in almost no action. The conclusion is inescapable that if people are anxious to hang 8 In Texas, "The ambiguity and contradictions found in the language of the amend ments as well as the lack of a proper enabling statute renders it [county home rule) inoperative." City and County Home Rule in Texas, by John P. Keith, Institute o! Public Affairs, University of Texas, Austin, 1951, 176 pages. (Page 146.)

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xviii Introduction on to their traditional county units they will be well advised to reorganize them so that they can provide maximum service at minimum cost. The Model is intended to serve as an aid to persons engaged in reconstruction of a county government, not as a patented cure for all county ills. The state constitution, laws and customs must be studied closely to determine how much of the charter may be usable and how specific provisions should be modified to make them applicable to a given situation. In this connection some very important decisions regarding strategy and timing may have to be made. It may be necessary, for example, to decide whether to begin by seeking changes in the constitution and laws of the state which are incompatible with important principles of the charter or to begin with such minor reorganization of county government as may be possible under existing constitutional and legal provisions. The Model deals with a number of matters which are covered with varying degrees of adequacy in general laws. The quality and terms of existing laws covering such matters as budgeting and fiscal management, purchasing, personnel administration, planning and nominations and elections will determine how helpful certain provisions of the Model will be in drafting a specific county charter or optional charter law. If, for example, the law on one of these subjects is considered satisfactory, there may be no need to include it in the charter even though there may be constitutional authority for doing so. It should be observed, however, that a future legislature may change a law in a manner contrary to the wishes of citizens of a county operating under a home rule charter. Consequently there is something to be said for incorporating important provisions in a home rule charter if in so doing they would be made immune to alteration without local consent. The Model omits or deals lightly with some matters generally covered by state law which it may be desirable to include in some local charters. For example, in a state without satisfactory provisions regarding the borrowing powers of local governments it might be desirable to deal more fully with this subject than does the Model. The borrowing provisions in the National Municipal League's Model City Charter and Model County and Municipal Bond Law may prove helpful in such a situation. While the Model provides for the council-manager plan, most of its provisions will be equally appropriate with little or no

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Introduction xix change in a charter which provides for a strong elected executive in place of the manager. The charter can be modified to substitute for the full-fledged manager, with his power to appoint and dismiss the principal appointive county officers, a chief administrative officer without appointive power but with general responsibility to superintend the administration of county affairs. This arrangement, commonly known as the CAO plan, is working well in Los Angeles and a number of other California counties. Most of the changes that would have to be made to adapt the charter either to the elective executive or to the CAO plan would relate to the relationships of the administrator or executive to the council and to the manner of selecting subordinate officials. Such changes should be carefully considered to insure that the completed charter is an organic unity in which each part is adjusted so that the whole makes sense. When the Model is used with an elected executive, it is especially important to review and modify as necessary the division both of policy and of administrative responsibilities between the executive and the coun cil with a view to efficient and responsible government. This word of warning has general applicability whenever any part of the Model is used out of its original context. Special problems will arise if it is necessary to adjust the charter to the continuance of certain independently elected officials or of more or less independent boards or commissions like park com missioners. The extent of supervisory or coordinating authority to be vested in the manager, chief executive or chief administrative officer and the applicability of provisions regarding such matters as fiscal control, purchasing and personnel regulations will need to be carefully considered. The extent to which the housekeeping functions of the courts associated with county government may be brought under such controls will also present special problems. In some counties similar questions may arise in connection with administration of non-academic aspects of the school system. It is particularly important, in any case, to coordinate school system planning with county planning generally. The Model applies to the county the results of half a century of experience in local government. In harmony with this experience the Model provides for: 1. A substantially integrated county government in place of the collection of loosely connected independent officers and agencies that comprise the typical county government today.

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XX Introduction 2. A representative policy-determining body or council of wieldy proportions elected by the voters and responsible to them for the general conduct of county affairs. 3. A single administrative head or manager chosen by the council and accountable to it for the effective administration of county services. 4. The choice of principal administrative officers by appointment by the chief executive, thereby achieving a short ballot, unified administrative control and fixed responsibility for county administration. 5. A substantial degree of flexibility in the administrative structure to permit its adjustment to changing local needs and conditions. 6. Modern procedures for fiscal and personnel management and for planning. The Model is designed to enable the county to make full use of home rule powers as the constitution and laws of the state may permit. It is recognized that the problem of adjusting the respective home rule claims of counties and the municipalities within them is a difficult one which must be worked out under paramount state law. The Model, however, is definitely geared for the exercise of such municipal type powers as may be vested in the county either for county-wide use or for use in unincorporated areas. The Model makes the county council in a true sense the governing body with general control over county affairs. The name county council is used rather than "county board" to emphasize its policy-making function. The name county board, now widely used throughout the country, carries the connotation of an essentially administrative rather than a legislative body. There is precedent for the designation county council in Hamilton County, Tennessee, and in the home rule charters in Maryland and in St. Louis County, Missouri. The Model insures the supremacy of the council in matters of policy by assigning to it all the powers of the county except as otherwise provided by the constitution or the charter. It also gives the council authority to contract with adjoining counties and with other governmental units within or contiguous to the county for the performance of functions jointly or by one in behalf of the others. The charter requires that a number of the most important acts of the county council, including legislative enactments of a mu-

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Introduction xxi nicipal nature, shall be by ordinance and prescribes a carefully safeguarded procedure for action on ordinances, including publication and public hearing. It is recognized that these procedures are much more meticulous than those by which many counties adopt resolutions but it is believed that when counties act in a legislative capacity comparable to that of municipalities they should be required to maintain at least equal procedural standards. Article VIII of the Model provides for the initiative and referendum. Many counties will see little or no reason for including such an article but others, particularly urban counties expected to exercise extensive municipal powers, will want to give it serious consideration. The article in the Model is a long one because experience has demonstrated the need for care in establishing procedures for and limitations on the use of direct legislation by the voters. The length of the article illustrates an important truth about charter drafting. While brevity is generally to be desired, it should not be sought at the sacrifice of clarity and precision.7 Much of the disparagement to which the initiative and referendum have been subjected in recent years is the result not of intrinsic weaknesses but of inadequate procedural and other safeguards. The provisions incorporated in Article VIII should make the initiative and referendum available when there is good reason for their use while discouraging excessive or inappropriate use. They seek to prevent such abuses of the initiative and referendum in the fiscal field as have sometimes interfered with attempts of responsible officials to achieve a properly balanced long range fiscal program related to over-all needs. If there is an ideal system of representation and election for the governing bodies of counties and other local governments, it has not yet been identified and agreed upon by all the people whose opinions are entitled to attention. In all probability there is no such system equally applicable to all counties. The Model assumes that it is necessary to tailor provisions regarding the composition and election of the county council to the needs of a particular county. On the other hand it does not accept all prevailing methods as sound or desirable. Consequently, the Model sets forth a limited number of alternatives as to basis of representation and methods of nomination and election and seeks to discourage arrangements which have proved unsatisfactory. 7 See A Guide for Charter Commissions, National Municipal League, 1956, 44 pages. 75 cents. (Page 24.)

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xxii Introduction No number of councilmen is specified in the Model but in gen-: eral the council should be small enough to permit deliberation and to make each member feel responsible and large enough to be fairly representative of the county as a whole. According to the 1947 Census report on County Boards and Commissions, 118 coun ties had governing bodies of only one member each while 21 coun ties had over 50 members each.8 The most common number was three, in 1,363 counties, and the next most popular number was five, in 872 counties.9 The largest governing bodies are found generally in Illinois, Michigan, New York, Tennessee and Wisconsin. Most of the county boards in Tennessee are known as county courts and are composed of justices of the peace with a county judge as chairman. In the other four states the county board, with few exceptions, is known as the board of supervisors and is com posed of representatives of the townships and cities within the county, an arrangement which was once more prevalent than it is now. Approximately half the counties have governing bodies of three members or less. It is hard to justify a governing body of less than three for any county that is expected to exercise any significant local government powers of a legislative nature. In the light of municipal and county experience it would seem that most counties would probably find that they were well served by a council of from five to nine members. Some small counties might do with three, while some large counties might feel the need for more than nine, especially if some members are to be elected by districts or as representatives of local jurisdictions within the county. Just as there is no standard size for county governing bodies there is no standard basis of representation or method of selection. The following tabulation based on the 1947 Census publication, already cited, would be substantially correct today: METHOD OF SELECTION OF CouNTY GoVERNING BoDIES All elected by district Some elected at large, some by district Number of Counties 874 645 s See County Boards and Commissions, Bureau of the Census, Washington, D. C., 1947, 91 pages. (Page 2.) 9 See The American County-Patchwork of Boards, National Municipal League, 1946, 24 pages, 35 cents. (Page 5.)

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Introduction xxiii All elected at large with district residence requirement 629 All elected at large 560 All elected by township (or town), city 297 All appointed 22 Others 23 Total 3,050 Experience both in county and in municipal government points to election at large as generally more desirable than election by districts and indicates that, where district representation is provided for, it should be balanced by some representation at large to insure members with a county-wide point of view, responsible to the county-wide constituency. The Model, therefore, offers a choice between election of the entire council at large and election of part at large and part by districts. One of the common weaknesses of district elections arises from the difficulty of establishing and maintaining a system of equally representative districts. For this reason a rather detailed set of provisions for districting is suggested. The weight of opinion would be decidedly against extending the system of town and city representation on county governing bodies. In order to produce a county council that was fairly representative of population on the basis of representation of every local unit within the county, it would usually be necessary to create an extremely large and unwieldy body many of whose members would be likely to subordinate the interests of the county as a whole to what they conceive to be the interests of their own communities. Yet it should be noted that important progress has been made in a considerable number of counties governed by boards of supervisors. In New York State, for example, three counties, Monroe, with the county manager plan, and Nassau and Westchester, with elected executives, have developed strong county administrations performing important municipal type functions without abandoning the old large governing bodies. Whether or not it is wise to retain a large county board com posed of representatives of townships and other local units will depend in large measure upon the demonstrated ability of such representatives to balance the interests of their constituent units and those of the county at large. If the result is effective, respon-

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xxiv Introduction sible and responsive government at both the township and county levels, there may be merit in retaining this system. In some counties, especially where a considerable amount of city-county cooperation or coordination would be helpful in meeting common problems of metropolitan government, it may be desirable to experiment with some system of overlapping membership on municipal and county governing bodies. The Baton RougeEast Baton Rouge city-parish council has demonstrated that there are distinct possibilities in this arrangement. This precedent so impressed the delegates to the constitutional convention which drew up the proposed constitution for the state of Alaska that it provided that the governing body of any borough, which in Alaska would correspond to a county, should include one or more members of the councils of any first class city or cities within it as well as other members elected from the borough at large. The Model also offers a choice of two methods of nomination, the so-called sponsor-deposit method10 and the standard long petition method. It also offers two basic methods for election at large. Alternative No. 1 prescribes the Hare system of proportional representation. Alternative No. 2 provides for majority election, which is guaranteed by holding a runoff, if necessary, three weeks after the regular election. While proportional representation has not been used in any county elections in this country, its success in a few American cities and its record in all the cities and counties in Ireland indicate that it is worth considering, at least in counties in which it is hard to arrive at a satisfactory solution of the problem of representation by the use of one of the more traditional systems. The Hare system of proportional representation is the one system that guarantees both rule by the majority and representation of significant minorities. It does this without dividing voters among geographical districts which may prove difficult to change or abolish when the reason for their original shape ceases to exist. Thus P.R. may be the answer for a county in which it is felt that it is important to insure some representation to a minority, especially if that result cannot be accurately and safely achieved by some system of district representation. P. R. has the additional advantage of making it possible to provide for majority rule withro The purpose of the sponsor-deposit method is explained in Article VII, footnote 7, page 45. See also National Municipal League publications: Mode! Election Administration System, 1930, 42 pages, 75 cents, and Mode! Direct Primary Election System, 1951, 58 pages, $1.00.

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Introduction XXV out the expense and uncertainties inherent in any system of double elections involving either a primary or a runoff.11 Despite its merits, it is reasonably certain that proportional representation will not appear in many new county charters in the immediate future.12 The alternative systems of nomination and election by simple majority offered in the Model have been designed to help charter draftsmen, so far as possible, avoid the most serious weaknesses commonly associated with such systems. The Model provides for so-called nonpartisan or no-party-label elections. County elections without benefit of formal nomination and sponsorship of candidates by national parties will seem strange in most states, though they have long been the rule in California, Minnesota and North Dakota. The fact that the county is commonly the primary territorial base of party organization will undoubtedly be used against nonpartisan county elections, despite the fact that there is no necessary connection between the county unit of party organization and county government. In view of the nature of county governments generally, it is hard to see what consistent relationship there could be between the voters' national party preferences and their differences of opinion on county services and policies. The reasons that have impelled more than 60 per cent of the municipalities of over 5,000 population in the United States to adopt nonpartisan elections would seem to be equally applicable to counties.13 Elimination of the national party organizations from formal participation in county elections certainly does not mean that there will be no "politics" in such elections. It simply means that it will be easier for county politics to be conducted in terms of county needs, with or without the benefit of permanent local political organizations or alignments. If the voters choose to divide for county purposes substantially along national party 11 See National Municipal League publications: P.R., 1955, 12 pages, 5 cents; Proportional Representation-Effective Voting, 1951, 8 pages, 10 cents; Proportional Representation-The Key to Democracy, 1940, 177 pages, 25 cents. 12 A new charter approved by a substantial margin in Cuyahoga County (Cleveland), Ohio, in 1935, provided proportional representation for the election of its county council. The charter was voided by the courts, however, on the ground that it did not have all four of the concurrent majorities required by the Ohio constitution for adoption of a charter vesting municipal powers in the county. See Nationa! Municipal Review, December 1935, page 707; also March 1936, page 189. 13 See memorandum prepared by National Municipal League, Getting the National Parties Out of Municipal Elections (mimeographed), 1953, 10 pages.

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xxvi Introduction lines, they can do so without using the formal party nominating machinery. Many people believe the attempt should be made to hold the two major parties responsible for elections at all levels of government. There are many counties, as there are cities, in which elec tions under national party labels provide the voters with a reasonable opportunity to express themselves effectively on county programs and candidates. Many such counties have elected offi cials of high caliber whose service to the county is not affected by irrelevant considerations of party advantage. If that kind of political tradition were universal there would be no call for nonpartisan county elections. There are many counties, however, where there is no genuine contest between or within the parties, with the result that the people are subjected to oneparty county government in the name of the national two-party system. In these cases, as in some where the parties are more evenly divided, there is often a tendency for important issues of good county government to be submerged by the appeal for party loyalty and unity in the interest of success in the supposedly more important state and national elections. On the other hand, the uneasy marriage of local and national politics often interferes with responsible action by the parties at state and national levels. The responsibility for engaging in contests over county offices has a tendency to divert the local organizations of the national parties from their primary task of serving the voters as instrumentalities for expression of genuine differ ences over national and state policies and leadership. The natural growth of county functions and responsibilities in some areas has been retarded by the feeling of many citizens that they cannot exercise effective control over county affairs be cause of the prevailing system of county politics and elections. This feeling of inability to control the courthouse has encouraged the attempt to insulate from county politics new functions like parks, health and welfare by placing them under more or less independent boards and commissions. This has tended to fractionalize and weaken county government further, even while county functions have increased in number and importance. It should be observed that any county that wishes to continue to elect its officials in the traditional manner, with official national party nomination and sponsorship, can easily provide for that in its charter. Generally this can be done by omitting most of the

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I \ \ Introduction xxvii election pro\risions of the Model and requiring that nomination and election of county officers be conducted in accordance with the appropriate state laws governing elections. Accordingly it did not seem necessilry to provide alternative language for this purpose in the Model. Revitalization of county politics as a means of citizen control of county affairs is in many areas a necessity if county government is to realize its full potential. This revitalization can in some areas be encouraged by action to make the national parties more responsible and more genuinely competitive in their approaches to county affairs. In oth! places there can be little hope for meaningful and constructive competition for county office as long as the election of county ofHfers is conducted in the name of one or both of the national partiss. The decision as to the bes't method of electing the county coun cil, including the question part if any the national parties should play, is not a simple o It should be made in each case in the light of a hard-headed an ysis of the particular needs and traditions of the county and th nature and adaptability of the existing political pattern. The Mo l does not presume to provide the answer; it does offer ways in wh h different answers appropriate to different counties may be writ en into their charters. One of the most important features of the Model is its provision for centering responsibility for the admin tration of county services in a single administrator or managers .iect to appointment, removal and general supervision by the counc1, The provisions regarding the professional qua ; cations of the manager, his relations to the council and his power and duties are substantially the same as those that have become fa iliar and proved successful in more than 1,400 communities serving a proximately 28,000,000 people.14 Among the local governments nized by the International City Managers' Association as having bona fide council-manager plans are fifteen counties in eight states.15 There are in addition to these counties a considerable 14 See National Municipal League publications: Story of the Council-manager Plan, 1954, 36 pages, 20 cents; Model City Charter, 1941. 173 pages, $1.50; Forms of Municipal Government-How They Have Worked?, 1953, 20 pages, 25 cents; Bozst Practice Under the Manager Plan, 1956. 8 pages, 15 cents. 15 Sacramento, San Mateo and Santa Clara Counties, California; Fulton County, Georgia; Anne Arundel and Montgomery Counties, Maryland; Petroleum County, Montana; Monroe County. New York; Durham and Guilford Counties, North Carolina; McMinn County, Tennessee; Albemarle, Arlington, Fairfax and Henrico Counties, Virginia.

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r I xxviii Introduction number of others that have chief administrative officers whose positions and responsibilities more or less closely approximate those of the recognized county managers. The CAO of Los Angeles County, for example, is manager in virtually everything but name. He is not listed as a county manager because technically he does not appoint department heads though in practice the board of supervisors regularly follows his recommendations on appointments. Thus Los Angeles County, with a population of more than 5,000,000, is the largest jurisdiction with what amounts to council-manager government.18 The council-manager plan seems almost.rnade to order for the of modernizing c_ounty govermy.ent. One indication of this IS m the extent to which old-style fiounty governments have gradually evolved toward it by concf!'ntrating as much over-all managerial responsibility as the law llows in some existing officer like the clerk or the auditor.17 is trend has been observed in many states for over a quarter One reason why the council-anager plan seems particularly appropriate to county governm nt is that, unlike cities, counties generally do not have a tra ion of a politically strong elected chief executive. The centr core of county government has been essentially government by commission. The council-manager plan in cities was a direct an logical evolution from the commission form of government. I preserved and strengthened the unity in policy-making, wh the commission was supposed to provide, and achieved u y and responsibility in administration, which commissiOn ernment did not provide. The council-manager plan is not o drastic a break with the tradition of county government as s an elective executive plan, since it continues to vest over1 responsibility in a representative body rather than divid__ _. ... it between an elected council or board and a separately elected and perhaps competing chief executive. The members of the county council continue to be the responsible parties so far as the 18 See The County Manager Plan, National Municipal League, 1950, 29 pages, 20 cents; Fifteen Years of County Manager Government, by George W: Spicer, Charlottesville, University of Virginia, 1951, 145 pages; Appointed Executtve Local Gov ernment, the California Experience, by .John C, Bollens, Haynes Foundation, Los Angeles, 1952, 244 pages. IT See "A Review of the Controversy Over County Executives," by Edward W. Weidner, Public Administration Review, Winter 1948; "The County Clerk as 'Manager,' by L, H. Adolfson, National Municipal Review, March 1945; County Government Across the Nation, edited by Paul W. Wager, University of North Carolina, Chapel Hill, 1950, 817 pages.

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Introduction xxix electorate is concerned though they exercise their responsibility for administration through their appointed agent, the manager. The really big break with tradition which full adoption of the county manager plan entails is not the appointment of the manager as an administrative agent of the county council but bringing under the superintendence of the manager, and therefore under council control, many of the functions now performed by independently elected officers or substantially independent boards and commissions. Legal and political considerations may limit the extent to which these independent officers and agencies can be brought within the orbit of the central county government. All or most of the county manager governments now in operation represent some degree of compromise in this respect. On the other hand, the existence of responsible professional management at the core of county government tends inevitably to tone up the whole system. It is, moreover, possible, as is suggested at various points in the Model, to arrange to have the county manager perform some services, particularly of a housekeeping nature, for independent officers and agencies without putting him in charge of their operations and subjecting them to the complete control of the county council. So far as possible, county activities should be grouped into a few closely knit departments, primarily on the basis of function. Because of local differences no complete model scheme of departmental organization would meet the needs of all counties. The Model sets up only one department, the department of finance, and in addition provides specifically for a purchasing officer, a personnel officer and the county legal advisor. In small counties it is assumed that the county manager would serve as purchasing officer and personnel officer. In others either or both of these of fices might be included in an over-all department of finance or administration. In a given county charter or in an optional county charter law for a given state it may seem desirable to spell out the departmental arrangement in greater detail, providing specifically for one or more additional departments. Care should be taken, however, to avoid freezing any departmental setup into the charter in a manner which would prevent adaptation to changing condi tions. In any event, the internal organization of the departments should be left to the manager and the county council. Most counties will need to set up, either by charter or by ordi-

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XXX Introduction nance, at least five or six departments, including a department of public works to take care of roads, bridges and other appropriate activities, and a department of welfare. Many counties would need either a department of health or a joint department of health and welfare. These two functions are inter-related at so many points as to require close coordination, but it is often difficult to find a department head properly equipped for the supervision of both. The police functions of the sheriff and the operation of the county jail could be assigned to a county police department. An alternative worth careful consideration would be a comprehensive department of law enforcement including the prosecuting func tions of the prosecuting attorney and the medical examination functions of the traditional coroner as well as the police functions of the sheriff and the custody of prisoners. Such a department would provide unified responsibility and direction for the whole range of county law enforcement activities, which have long suf fered from divided authority, buck passing, lack of coordination and amateur political personnel. This combination of functions would be new to American local government, but it has ample precedent in the federal Department of Justice and in the ministries of justice in several other countries. The office of coroner is not provided for in the Model.18 Where the state constitution requires election of a coroner, the office can probably be left without substantial authority or function, as in New Jersey.19 The functions of the recorder or register of deeds, the clerk of court and the sheriff in his capacity of court bailiff could appropriately be combined into a department of records and court services. A theoretical argument can be made for assigning some of these activities to a clerk appointed by the local court, but there is little in past experience to indicate that such an arrangement would produce as efficient service as a department under the su pervision of the county manager except, perhaps, in a state with 18 A statewide medical examiner service would be the better agency for exer cising the coroner's traditional function. A properly qualified state medical ex aminer could select and train physicians at convenient points to determine causes of unattended deaths, to issue death certificates and to refer cases as may be nec essary to the centro! laboratory for autopsy. See National Municipal League's Model State Medico-legal Investigative System, 1954, 40 pages, 50 cents, also Model Post mortem Examiners Act, National Conference of Commissioners on Uniform State Laws, Chicago, 1954, 9 pages. 19 See National Municipal League's Coroners in 1953-A Symposium of Legal Bases and Actual Practices (mimeographed), 93 pages, $2.00.

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Introduction xxxi an integrated court system and a strong office to supervise the ad ministration of the affairs of all the courts. The relation between school management and general county administration varies widely among the states.20 In the south the county is commonly the basic unit for school administration and in a number of other states it is used for general school supervi sion. Even where the county is the unit, the administration of the school system is generally controlled by a separate board of edu cation. In the south, however, the schools usually are tied in finan cially with the county government, and the school budget is re viewed by the county board and financed from county tax levies. In general, closer relationships between county government and county school administration are to be encouraged. A better balanced program of local government can more readily be ob tained where the county school budget is a part of the general county budget. Consideration may well be given to placing under the county manager the business functions of the county school system, such as purchasing of non-educational supplies, financial administration and building maintenance and construction, thus enabling the school officials to concentrate completely on educa tional activities. In any event, the door should be open for volun tary agreements between the board of education and the county board by which such services can be performed by the county ad ministrative agencies. The Model's article on financial procedures (Article V) is in tended to facilitate employment of the most effective methods of fiscal planning, control and management. The specific provisions of the Model will need to be reviewed carefully in the light of ap plicable state law. The central feature of the system of fiscal control provided for is the annual budget with which is associated a capital program detailed as to the ensuing year and projected over a five-year period. Primary responsibility for preparation and submission of both the budget and the capital program rests with the manager. He is directed to obtain and review estimates from the various county agencies and would have the assistance of the director of finance where he did not serve in that capacity himself. The budget is in tended to be "a complete financial plan for the current operations 20 See The Forty-eight State School Systems, Council of State Governments, Chi cago, 1949, 245 pages.

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xxxii Introduction of the county and its departments, offices and agencies in the ensuing fiscal year, showing all funds and reserves." Proposed expenditures, appropriations and revenues must be equal in amount. The manager is directed to explain the budget both in fiscal terms and in terms of work to be done. The budget proposed by the manager must be published and submitted to a public hearing before action by the council which is to make appropriations in lump sums which "need not be itemized further than by departments, offices and agencies and their major divisions, and by principal objects." The provisions for the capital program are designed to force long range planning of capital improvements and to provide for a workable relationship between the annual budget and financing of capital programs extending over a period of years. If the existing state law regulating borrowing by counties for capital improvements is inadequate, the county charter should include further provisions on this subject. The Model includes conservative provisions for supplemental and emergency appropriations and for reduction and transfer of appropriations during the fiscal year. The county council is directed to provide for an annual independent audit of the financial transactions of every county department, office and agency. Either the council or the manager may at any time order a special examination or audit of the accounts of any agency. Other provisions for the maintenance of a general accounting system for the county and all of its departments and agencies and for administration of the budget and the fiscal affairs of the county are included in Article IV and are to be carried out through the department of finance. The department of finance is also directed to assess property for taxation and collect all taxes and special assessments. Each county officer and employee is directed "to pay in to the county treasurer to the credit of the county all fees and other moneys received by him for, or in connection with, the business of the county." This would put an end to the so-called fee system which still prevails in many counties. There has been a growing realization of the importance of strengthening county planning facilities and programs in rural as well as in urban or metropolitan counties. The spreading out of population, industry and commercial developments without regard to municipal boundaries has made it imperative to do a cer-

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I Introduction I xxxiii tain amount of planniilg over a broader local area than that em-braced in a single mur1icipality and to provide full scale planning, .subdivision and zoning services in unincorporated areas. In many caseS the county is the only jurisdiction short of the state avaHab]P these functions. The planning article of the l'l'lode1s, therefore, designed to enable the county, without .-usurpinP' workable m;unicipal planning and zoning functions, to pr0,.: ... "e for orderly pl'::mning for the physical development of the county as a whole and t Jr appropriate regulation of land use. In line with the lates t tinking regarding organization for planning, the planning powE >rs .f. the county are vested directly in the county council rather th; an o a separate planning commission.21 A ad!sot.y committee is provided for, however. lhis com'lnttee IS to an opportunity to consider and advise on any proposed planm g action before it is taken by the council. It may also take the in tiative in making planning proposals and in}:" public i?f<\Jrmation on and interest in planning mat bynoldmg pubhc Jnearings and in other ways. _,.,.,. The Itodel tl1at the chief planning officer of the county shall bea appointed by the manager with the of the co1nty council. _.,One importa 1t iuty of the planning director is to cooperate with the mana ,er in the preparation of the capital program. In order to facilita(e ef.ective and harmonious planning of the county and of the municipalities within it, the county council is authorized to request that ;Jroposed municipal plans, zoning ordinances, subdivision regulations and the like be submitted to the county's director of planning for his advice thereon. By the same token any county planning proposals must be submitted to any municipality "whether in or outside of the county, which may, in the council's opinion, be affected thereby." The planning director is instructed to cooperate in every way possible with municipalities within the county, with state and regional planning agencies and with municipal or county planning agencies in other counties. Provision is also made for supplying technical planning services to any municipality upon agreement behyeen the council and the governing body of the municipality. Thus a great deal of emphasis is placed upon the intergovernmental aspects of planning. 21 The Planning Function in Urban Government, by Robert A. Walker. of Chicago Press, 1950, 410 pages.

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xxxiv Introduction I One of the most important questions about any charter or stitution is how it may be kept up to date. This question has aspects. One relates to the procedures for amendmeni.. The other relates to the charter's inherent flexibility, the extent to which by interpretation and application it., nrovisions may be adapted to changing conditions and requirements. The Model provides that amendments may be submil:vv} to tht: voters by a charter commission in a manne!' provided by law, l,y the county council or by an initiated petition. The Model is intended, however, to provide a sufficiently flex ible basis for the government of a county to make amendments unnecessary. While it pins down certain basic principles of representative government, ad.n"uii::l:ration and sound procedure, it is in no sense a bid fir 1 uniformity ;_'1. county government. It is designed to promote, n ;t to discourage, mentation and fruitful diversity in operat "on. Most countes mov ing from their present charters to a charte{r substanially L,n the Model would discover that they acqu1red a geat dea.:.l more freedom of maneuver and a much >f useful means for the accomplishment of .han they had ever known before. The point has already been made that, in ord _r to make tfie Model as serviceable as possible to persons daftt.ng charters for counties of different sizes and characteristics. it not only certain alternative provisions but also other [>rovisions which will need to be examined with a view to determming their utility or applicability in any given county. In the latter category for example, a county in which there is no unincorporated territory would need to eliminate such references as that in section 2.02 (5) to investigation of the affairs "of any unincorporated township or district." A county well served by a county-wide newspaper might provide simply for publication of ordinances and budgets in the paper in the usual manner instead of adopting the more elaborate but generally less expensive provisions for publication in section 2.08D. In many counties the stipulation in section 2.01C (2), that no person who had been elected to the county council could be eligible for any paid county administrative office or until one year after the expiration of the term for which he had been elected, would be unnecessarily restrictive. Yet there are other counties in which the political tradition is such that some prohibi tion of this sort would have a salutary effect upon the stakes for

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Introduction XXXV which county politics is !conducted. Anyone using the Model will discover other examples of this nature. Special attention wal' given in the drafting of the Model to refining a number of more or less standard provisions which if not carefully drawn may cause unnecessary difficulties. Many charters are particularly weak in the provisions designed to relate the charter 10 existing law and to facilitate transition from an old to a new basis for government. Perhaps, more than almost any other p:1rt of a charter, that containing temporary and transitional provisions needs to be tailored to existing law and organization. Consequently "model" provisions must of necessity be somewhat sketchy and incomplete. Article X of the Model is designed to call attention to matters that must be considered and to provide a basic pattern which may be followed in developing a corresponding article in an actual charter. Care in the preparation of this article will pay off in a number of ways, including the disarming of arguments against the Model's adoption based upon fear of its immediate effects upon personnel and the processes of county government. It can also save the county many times the value of the effort spent on it by reducing the danger of costly litigation and administrative confusion. It is not possible here to call attention to all the provisions of the Model that have been worked over with a view to finding language that will avoid some of the problems that develop in their application. These include provisions having to do with the relation between the annual budget and the appropriations which legally implement it as well as the relations between the budget and the long term capital program. They also include a number of old charter standbys. Section 2.03A, for example, which is designed to maintain the integrity of the manager's powers of ap pointment and removal, has been worded so as to avoid the implication that has been read into some provisions on this subject that the manager may not even discuss appointments and removals with the council. The Model provision that neither the council nor its members "shall in any manner dictate" appointments or removals should make clear that the responsibility belongs to the manager without making it appear to be a violation of the charter for the council and manager to consult together with respect to such matters. Similar care was taken in the wording of section 9.02 regarding the personal financial interest of a county officer or employee in certain transactions of the county. The Model provi-

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xxxvi Introduction sion seeks to avoid the rigid language which in some laws and charters would seem to disqualify an. officer or employee who owned a single share of stock in some large corporation from which the county purchases standard supplies or services. The Model County Charter has been prepared to assist citizens county officials and state legislators who wish to strengthening and modernizing of county government by improving the basic laws under which they operate. The is addressed primarily to those who are undertaking a rather conprehensive job of drafting or revising a county charter or state statutes dealing with county government law. Many of its provisions, however, will prove useful to persons working for quite limited or specific improvements in county charters or laws. It is hoped that the Model may make a genuine contribution to the effort to resolve problems of metropolitan government. There are a considerable number of metropolitan areas roughly coterminous with existing counties in which stronger county government is the most promising immediate answer to the need for responsible area-wide metropolitan government. The rise of the county as an instrumentality of metropolitan government has been evidenced by the transfer of functions from the municipal to the county level, by the increasing number of municipal services provided by the county to unincorporated areas, and by the provi sion of these services to incorporated municipalities on a contractual basis. Los Angeles County has emerged as an outstanding example. Its program of municipal services is so all inclusive that the incorporated city of Lakewood (population 71,000) and several other recently incorporated municipalities obtain all their services from the county on a contractual basis. All municipalities in the county have either formal or informal agreements with the county. Tax assessment and collection and health administration are provided by the county for most municipalities.22 Victor Jones, among the foremost authorities on metropolitan government, has stated: 23 Metropolitan Los Angeles has almost the kind of metropolitan government that other metropolitan communities are groping for. After further consolidation of a few functions, particularly 22 MetTopo!itan Los Angeles: A Study in IntegTation, (XV, InteTgoveTnmenta! Relations), Haynes Foundation, Los Angeles, 1954, 160 pages. (Pages 59-88.) 23 "Six Functions in Search of a Government," Public AdministTation Review, Winter 1956, page 58.

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Introduction xxxvii those now handled b special districts, there will be in fact a two-tier governmen It will not be so tidy as a textbook, but metropruitaiJ..ktitrc ions will be on a county-wide basis and other functimr.:..(.\rill remain with the municipalities and, in unincorporated fringes, with their equivalents. Jones maintains that there are five reasons why attention should be given to developing the county into the central agency of local government in some metropolitan areas: 1. The urban and metropolitan county is already assuming functions that can be distinguished only by legal definition from municipal functions. 2. Other means of integrating local government in metropolitan areas have either been inadequate or have evoked intense opposition. 3. The county has shown a persistent vitality even in urban communities, despite the often repeated assertion that it is doomed to disappear as a unit of local government. Difficult as it may be, it would be easier to reconstitute the county than to abolish it. 4. The central county, short of an area-wide unit of government, is more likely than any other jurisdiction to include all, or at least the major portion, of the metropolitan area. The solution sought is one that will bring as large a part as possible of the metropolitan population and area under an integrated government. 5. A "federal" form of metropolitan government can be built around the county and the municipalities [within the county]. Even in metropolitan areas embracing several counties there is reason to believe that strong county governments in which the people have substantial confidence may provide a more viable basis for some form of metropolitan federation or metropolitanwide intergovernmental cooperation than the more numerous and more diverse municipal units. It is significant that Mayor Robert F. Wagner of New York found it necessary to rely mainly on representation of suburban areas by county officers in order to secure representation of all parts of the New York metropolitan area in The Future of Cities and Urban Redevelopment, edited by Coleman Woodbury, University of Chicago Press, 1953, 764 pages. (Pages 592-3.)

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xxxviii Introduction an informal consultative conference ass bled for the first time in June 1956. It has already been observed that there is of a mounting belief in the American county and a growing in.t'erest in preparing county governments to meet greater responsibilities. One of the most encouraging factors in the situation is the new faith that county officials themselves are displaying in the importance of their place in our governmental system. The National Association of County Officers is taking an active part through its monthly publication, The County Officer, and in other ways in the effort to strengthen and justify that faith. The Model County Charter is offered as a contribution to the same cause. AUTHOR'S NOTE: -JOHN E. BEBOUT Assistant Director, National Municipal League The author wishes to acknowledge his very great debt to a number of persons who contributed to the substance and the wording of this Introduction. Most important is the contribution of the lateR. C. Atkinson, some of whose language is incorporated in the first several pages. Considerable use was also made of drafts by Richard S. Childs and Samuel K. Gove. Other members of the League's staff as well as some of the correspondents listed in the Foreword will also find that free use has been made not only of their ideas but also of their language. J.E.B.

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Model County Charter WE, THE PEOPLE OF ____ ----------------___ COUNTY, in the state of ------------------------------------------, in accordance with article ________ ____ of the constitution and other laws of the state of _______________________________ do adopt as our charter and form of government this Charter of ___________ County, State of ______________ 1

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Article I POWERS OF THE COUNTY Section 1.01. Powers of ihe County. Section 1.02. Exercise of Powers. Section 1.01. Powers of the Couniy.1 --------------------County shall have all powers possible for a county to have under the constitution and laws of the state of -------------------These powers shall include, but shall not be restricted to or by, the following: all powers now or hereafter given by the constitution or other laws, and all other powers not prohibited by such constitution or by this charter, to ____________________ County or its depart-ments, offices or agencies, or to counties or county departments, offices or agencies; and all powers necessary and proper to carry into execution other powers of __________________ County. The county shall have all such powers as fully and completely as though they were specifically enumerated in this charter; and no enumeration of powers in this charter shall be deemed exclusive or restrictive.2 Section 1.02. Exercise of Powers. All powers of the county shall be carried into execution as provided by this charter, or, if the charter makes no provision, as provided by ordinance or resolution of the county councii.B 1 It is recognized that in some states counties are declared to be "bodies corporate and politic." In adapting the Model, the draftsman should consult state law concerning the status of counties with respect to incorporation. If state law permits, and if the powers of the county are enhanced by declaring it to be a municipal corporation, the appropriate terms should be included in this section. See Introduction, page xii. 2 This section has been drafted merely as a guide to highlight the importance of claiming all powers available and to forestall, if possible, any narrow construction of powers. Certain special and sometimes neglected types of powers, which are intended to be Included within the general grant of section 1.01, should be mentioned if the powers are to be enumerated rather than incorporated by reference as is done In section 1.01. These would include: (1) powers transferred to the county by any municipality or other governmental unit within the county, (2) powers of a county over its unincorporated territory, similar to those of a municipal corporation over municipal territory, in so far as legally possible, and (3) powers given any other county and not prohibited to -------County. 3 As used in this charter, the word "ordinance" denotes the kind of formal enactment promulgated by city councils, but it conveys no substantive power. Ordinances are distinguished from resolutions in this charter for the purpose of classifying acts of the council which it is believed should be adopted only after publication and op portunity for public hearing. 2

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Article II COUNTY COUNCIL Section 2.01. Composition; Terms, Qualifications and Compen sation of Members. Section 2.02. Powers of the County Council. Section 2.03. Restrictions on County Council and Council Mem bers. Section 2.04. Organization: Officers, Clerk. Section 2.05. Procedure: Meetings; Rules and Journal; Voting. Section 2.06. Acts Required to Be by Ordinance. Section 2.07. Form of Ordinances. Section 2.08. Ordinance Procedure. Section 2.09. Emergency Ordinances. Section 2.10. Codes of Technical Regulations. Section 2.11. Recording; Codification; Printing. Section 2.01. Composition; Terms, Qualifications and Compensa tion of Members. A. There shall be a county council of-----------------------------------------------County, state of ___________ ____________________ __________ composed of ___________ members.1 B. Members of the council shall be elected [by districts and] at large, as provided in article VII of this charter, for terms of ____________ years beginning the___ ___ day of _________________ after their election; but members shall continue to serve until their succes sors have been elected and have taken office.2 C. (1) No person shall be eligible to be elected to or to hold the 1 The number of members may vary from county to county depending on the size and diversity of interests to be represented. Although no set rule can be established, there should be at least five members in all counties, but not more than nine in any except the largest counties. 2 The italicized matter in brackets is applicable only where the council is to be elected on a mixed basis, i.e., by districts and at-large. The terms of the members may be for either two or four years depending on local considerations or practices. 3

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4 County Council Art. II office of member of the council unless he is a qualified voter of the county. If a member ceases to be a qualifi{:d voter of the county or is convicted of a crime involving moral turpitude, he shall immediately forfeit his office. (2) No member, former member or member-elect of the council shall be appointed to any paid county administrative office or paid county position during the period beginnir.g w1th the date of his election to the council and ending not less than one year after the expiration of the term for which he was elected to the council. D. The council shall be judge of the qualifications of its members and for that purpose shall have power to subpoena witnesses, take testimony and require the production of records. Decisions made by the council in the exercise of powers granted by this sub section shall be subject to review by the courts. E. The council may determine the amount of the annual salary of its members by ordinance; but no such ordinance may increase the annual sahry received by any member (a) for the term of of fice during which the ordinance is adopted or (b) for the succeeding term when such succeeding term follows adoption of the ordinance by less than six months. Members of the council shall receive their actual and necessary expenses incurred in the performance of their functions.3 Section 2.02. Powers of the County Council. The county council shall be the policy-determining body of the county. Except as otherwise provided by the constitution of the state of ___________________________________ or by this charter, the council shall have all the powers of the county. Without limitation of the fore going grant or of other powers given it by this charter, the coun cil shall have power: (1) To appoint and to remove the county manager; (2) To establish county departments, offices or agencies in addition to those created by this charter; and to prescribe the functions of all departments, offices and agencies except that no funca In general, salaries of county council members should be nominaL It is doubtful that substantial salaries will attract better members. On the contrary, experience suggests that a generous salary is apt to attract candidates who are interested more in the income than in county affairs and the opportunity for public service. As the charter relieves the members of purely administrative functions, it should substantially reduce the demands upon their time. Too large a salary would encourage council member& to think of their positions as full time jobs with administrative as well as policy-making duties.

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Art. II County Council 5 tion assigned by thi charter to a particular department, office or agency may be dis ontinued or, unless this charter specifically so provides, assigne to any other;4 (3) Subject to the limitations provided by law, to levy taxes and special assessrr. ents and to borrow money;5 (4) To make appropriations for county purposes; (5) To make irAvestigations of the affairs of the county, or of any township or district of the county, and to make inquiries 1nto the conduct of any county department, office or agency, and, for the purpose of investigation or inquiry, to subpoena witnesses, administer oaths, take testimony and require the production of evidence of any other kind; and if, in any investigation or inquiry by the council or a grand jury or in any criminal proceeding wherein he is a defendant or is called as a witness for the prosecution, a person who holds or has held any county office or position is properly called or requested to give testimony or to produce evidence of any other kind upon matters relating to his of.ice or position, and if such person (a) refuses to give the testimony or produce the evidence on the ground that it may tend to incriminate him or (b) as regards such testimony or evidence, refuses to waive his immunity with respect to later prosecution, penalty or forfeiture, he shall be disqualified from holding any county office or position for a period of five years after the re fusal, and, in addition, if he holds any county office or position at the time of the refusal, he shall be removed therefrom immediately by the appropriate authority or shall forfeit the same at the suit of the county;6 and any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be guilty of a misdemeanor and shall be punishable by a fine 4 Charter commissions may feel it is desirable to require the council to adopt an administrative code. This is simply a comprehensive ordinance or code of ordinances in which the council incorporates the details of the county's administrative organiza tion. administrative procedures and rights of persons in their dealings with the ad ministration. Further information may be found on pages 25-27 of the National Municipal League's Guide jar Charter Commissions, 1952, 44 pages, 75 cents. 5 Charter commissions may wish to add provisions concerning borrowing for capital Improvements. The extent to which such provisions are needed will depend on the adequacy of the general laws of the state on the subject. See Article V of the National Municipal League's Mode! City Charter (173 pages, $1.50) on borrowing for capital improvements and the League's Mode! County and Municipa! Bond Law (54 pages, $1.00.) 6 This provision has been adapted from a suggested act prepared by the Council of State Governments entitled "An Act Relating to Testimony of Public Officials Re garding Conduct in Office." See Suggested State Legis!ation-Program for 1951 page 88, Chicago, November 1950.

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6 County Council Art. II of not to exceed $ _______________________ or by impriso 1ment for not to ex-ceed ________________________ or both; (6) To enter into bilateral or multilatera contracts with adjoining counties and with governmental unitf within or contiguous to the boundaries of the county for joint performance or for performance by one unit, in behalf of the oth, r or others, of any function or activity which the county is autho.rized to perform; (7) To require periodic and special concerning their functions, from all county departments, offices anc agencies; annsuch reports, in the case of departments, offices and agencies subject to the direction and supervision of the manager, shall be submitted by and through the manager; and (8) To provide for an independent audit of the finances of the county. Section 2.03. Restrictions on County Council and Council Members. A. Neither the county council nor any of its members shall )n any manner dictate the appointment or removal of any comity employees or appointive county administrative officers by the county manager or any of his subordinates. B. Except for the purpose of inquiries under section 2.02(5), the council or its members, in dealing with county employees, or with county officers who are subject to the direction and supervision of the manager, shall deal solely through the manager, and neither the council nor its members shall give orders to any such employee or officer either publicly or privately. Any willful violation of the provisions of this subsection by a member of the council shall be sufficient grounds for an action for his removal from office brought in a court of competent jurisdiction. Section 2.04. Organization: Ofticers, Clerk. A. The county council shall elect from among its members a chairman and a vice chairman, each of whom shall serve at its pleasure. The chairman shall preside at council meetings. If at any meeting the chairman is not present or is unable to act, the vice chairman shall preside at that meeting. B. The county manager or some other person designated by him shall serve as clerk of the county council, unless the council elects another person as clerk. Under the supervision of the coun cil, the clerk shall:

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Art. II County Council 7 (1) Give due notice of the time and place of council meetings to council members and to the public; (2) Keep the journal of council proceedings; (3) Procure for the council any required publication of no tices, ordinances, resolutions or charter amendments; ( 4) Maintain and make available for public inspection an indexed file containing copies of: the -----------------------County Code, this charter, every adopted ordinance, resolution, rule, regulation and code of regulations, and every adopted amendment or modification of any of the foregoing; (5) Perform the duties assigned him by any of the provisions of this charter; and (6) Perform such other duties as the council may prescribe. Section 2.05. Procedure: Meetings: Rules and Journal: Voting. A. The county council shall meet regularly at least once in every month at such times and places as the council may prescribe by rule. Special meetings may be held on the call of the chairman or of ________________________ 7 or more members and, whenever practicable, upon no less than twelve hours' effective notice to each member. All meetings shall be public. B. The council shall determine its own rules and order of busi ness and shall provide for keeping a journal of its proceedings. This journal shall be a public record. C. Voting, except on procedural motions, shall be by roll call and the ayes and nays shall be recorded in the journal. ___________________ 7 members of the council shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the council. No action of the council shall be valid or binding unless adopted by the affirmative vote of ________________________ 7 or more members of the council. Section 2.06. Acts Required to Be by Ordinance. A. In addition to such other acts as this charter or any other provision of law requires to be by ordinance, those acts of the county council shall be by ordinance which: (1) Establish, alter or abolish any county department, office or agency; 7 This should indicate the number of members, depending on the size of the council as established in section 2.01, that would constitute a majority of those elected.

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8 County Council Art. II (2) Fix the compensation of members of the council; (3) Provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed; ( 4) Levy taxes, except as otherwise provided in article V with respect to the property tax levied by adoption of the budget; (5) Make supplemental appropriations or transfer appropriations as provided in article V; (6) Grant, renew or extend a franchise; (7) Regulate the rate charged for its services by any public utility; (8) Authorize the borrowing of money; (9) Convey or lease, or authorize the conveyance or lease of, any lands of the county; (10) Adopt or modify the official map, platting or subdivision controls or regulations, or the zoning plan; (11) Are adopted in execution of a contract or agreement with a municipal corporation, or in exercise, over unincorporated territory, of the powers of a municipal corporation,8 and are of such a kind that a municipal corporation adopting them would have had to proceed by ordinance; (12) Adopt with or without amendment ordinances proposed under the initiative power; (13) Amend or repeal any ordinance previously adopted, except as otherwise provided in article VIII with respect to repeal of ordinances reconsidered under the referendum power; or (14) Propose amendments to this charter. B. With regard to acts other than those referred to in subsection A of this section, procedure by ordinance or by resolution may be proper. Secl:ion 2.07. Form of Ordinances. A. Every ordinance shall be introduced in writing and in the form required for final adoption. As introduced and considered and when officially published in other than summary form be fore adoption, any ordinance which repeals or amends an existing ordinance or existing part of the ------------------------County Code and which does not embody a general codification or standard code of technical regulations shall set out in full such sections or 8 See also section 2.02 (6) and footnote to section 1.01.

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Art. II County Council 9 subsections as are to be repealed or amended; and it shall indicate any matter to be omitted by enclosing the same in brackets or by strikeout type, and shall indicate any new matter by underscoring or by italics. B. The enacting clause of all ordinances shall be __ __ ______ County hereby ordains:". Section 2.08. Ordinance Procedure. A. Except as otherwise provided in this charter, the procedure set out in this section shall govern the enactment of all ordinances. B. An ordinance may be introduced by any member or committee of the county council or by the county manager at any regular or special meeting of the council. Upon introduction of any ordinance, ____________ or more copies thereof shall be furnished to the clerk, who shall immediately distribute at least one copy each to the council members and to the managr. After an ordinance has been introduced and unless it is rejected at the same meeting by the affi.rll'l.ative votes of not less than two thirds9 of the council members, the council shall promptly cause the ordinance to be published together with a notice setting out the time and place for a public hearing on the ordinance and for its consideration by the council. The public hearing on any ordinance not rejected shall follow the required publication by at least one week, and it may be held separately or in connection with a regular or special council meeting and may be adjourned from time to time. At the public hearing held in accordance with the notice, copies of the ordinance shall be distributed to all persons present who request them, or, in the alternative, the ordinance shall be read in full; and all persons interested shall have an opportunity to be heard. After the hearing, the council shall consider the ordinance and may adopt it with or without amendment or reject it. But if upon consideration the council amends the ordinance as to its substance, it may not adopt the amended ordinance until such ordinance or its amended sections have been published and until such ordinance has been subjected to hearing and to all other procedures required in the case of a newly introduced ordinance; and the same procedures shall govern if the amended ordinance 9 This provision avoids the expenditure of time and money in publishing and holding hearings on proposed ordinances that stand no chance of serious consideration by a majority of the council. The provision is based on language in Section 410 of the Richmond, Va. city charter.

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10 County Council Art. II is again amended as to its substance. As soon as practicable after adoption of any ordinance, the council shall cause it to be printed as provided in section 2.11C and published. C. Except as otherwise provided in this charter, every adopted ordinance shall become effective at the expiration of thirty days after adoption or at any later date specified therein. D. As used in this section, the term "published" means: (1) That at least a brief summary of the ordinance or sec tions concerned, together with any required notice, has been published in one or more newspapers of general circulation in the county; (2) That copies of the ordinance or sections concerned, together with any required notice, have been mailed to the same newspapers and, in accordance with council regulations, to addi tional newspapers of general circulation in the county; (3) That copies of the ordinance or sections concerned, together with any required notice, have been posted conspicuously for public inspection at the county seat and at seats of municipal government in the county; and (4) That a reasonable number of copies of the ordinance or sections concerned have been made available (a) for distribution to interested persons on request or (b), in the case of an adopted ordinance printed pursuant to section 2.11C, for sale to such persons.10 Section 2.09. Emergency Ordinances. A. To meet a public emergency affecting life, health or property, the county council may adopt one or more emergency ordi nances; but such ordinances may not be used to levy taxes; grant, renew or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money. B. Every emergency ordinance shall be plainly designated as such and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the claimed emergency in clear and specific terms. Except as thus indicated, it shall be introduced in the form and manner prescribed for or dinances generally. An emergency ordinance may be considered 10 There are two reasons for these rather elaborate publication requirements: (1) They should be far Jess expensive than full publication of the ordinance in a newspaper; (2) They should greatly increase the likelihood that ordinances will come to the attention of interested persons. which, after all, is the purpose of any publication requirement.

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Art. II County CounciL 11 and may be adopted with or without amendment or rejected at the meeting at which it is introduced. The affirmative vote of all council members present, or the affirmative vote of three-fourths of those elected, shall be required for adoption of such an ordinance. After adoption of an emergency ordinance, the council shall cause it to be printed and published as prescribed for other adopted ordinances. An emergency ordinance shall become effective upon adoption or at such later time, preceding automatic repeal under subsection C, as it may specify. C. Every emergency ordinance, including any amendments made therein after its adoption, shall automatically stand repealed as of the sixty-first day following the date on which it was adopted. Section 2.10. Codes of Technical Regulaiions.U The county council may adopt any standard published code of technical regulations in a single ordinance which shall be governed, except as otherwise provided in this section, by the procedure and requirements prescribed for ordinances generally. Upon introduction of the ordinance, the council promptly shall cause at least five copies to be made available for public inspection and shall cause to be published, by the means indicated in section 2.08D and together with the notice of hearing, a notice setting out the purpose of the ordinance and the time and place at which it is available for public inspection. No other publication shall be necessary before adoption, unless after the hearing the ordinance is amended as to its substance. If it is so amended, and also in the event of any later such amendment before adoption, the amended sections shall be made available for inspection and notices published as earlier provided herein, and the ordinance as amended shall be subjected to hearing and to all other procedures as though newly introduced. Neither the ordinance nor any of its amendments need be distributed to the public or read in full at the hearings thereon. Publication after adoption shall be by notice declaring such adoption and published by the means indicated in section 2.08D; and the adopted code shall be sold to the public in such form and at such reasonable price as the council may direct. n This section provides a simplified procedure for the adoption of standard codes of technical regulations. The even simpler procedure of "adoption by reference" was rejected as not insuring adequate consideration by the council or the public before adoption.

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12 County Council Art. II Section 2.11. Recording; Codification; Printing. A. Each ordinance and resolution after adoption shall be given a serial number and, together with the date of adoption and the designation of the adopting authority, shall be entered by the clerk of the county council in a properly indexed book kept for that purpose. B. Within three years after adoption of this charter, the county manager, with the advice and assistance of the legal advisor, shall cause to be prepared a general codification of all county ordinances and resolutions having the force and effect of law. For this purpose the manager is authorized to employ such qualified persons as he deems necessary; and the council shall make appropriate provision therefor in adopting the budget. The general codification thus prepared shall be adopted by the council in a single ordinance. This ordinance shall be subject to the same procedures and requirements as an ordinance embodying a standard code of technical regulations; but no amendments may be made before adoption except to correct errors or omissions in the codification, and such corrective amendments may be made without additional publication or hearings. After adoption of the ordinance and publication of the required notice of its adoption, the council shall cause the adopted codification to be published immediately in bound or loose-leaf form, together with: this charter and any amendments thereto; pertinent provisions of the con-stitution and other laws of the state of _____________________ ;and such rules and regulations as the council may direct. This compilation shall be known and cited officially as the __________________ County Code. The code shall be furnished to county officers and sold to the public at a reasonable price fixed by the council. Such a code shall be prepared, adopted, published and distributed as above provided at least every ten years. C. The council with the advice and assistance of the legal advisor shall cause each ordinance and resolution having the force and effect of law and each amendment to this charter to be printed as promptly as possible following its adoption; and the printed ordinances, resolutions and charter amendments shall be sold to the public at reasonable prices to be fixed by the council. Following adoption and publication of the first ---------------------------County Code and at all times thereafter, the ordinances, resolu tions and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable

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Art. II County Council 13 in form for integration therein. The council shall make such further arrangements as it deems desirable with respect to reproduction and distribution of any current changes in or addi tions to the provisions of the constitution and other laws of the state of ------------------------or the rules and regulations included in the code.

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Article III COUNTY MANAGER Section 3.01. Appointment: and Removal of the County Manager. Section 3.02. Powers and Duties of the County Manager. Section 3.03. Functions under Direction and Supervision of County Manager. Section 3.01. Appointment: and Removal of the County Manager. A. The county council shall appoint a county manager for an indefinite term and fix his compensation. He shall be appointed solely on the basis of his executive and administrative qualifications and need not be a resident of_____________ ____________ County or of the state of ------------------------------------------------------------at the time of his ap pointment. However, after the time of his appointment, he may reside outside the county only with the approval of the council. B. The council may remove the manager from office at pleasure in accordance with the procedures set out in this subsection. To do this, the council first shall adopt a preliminary resolution stating the reasons for removal of tpe manager and immediately thereafter shall give the manager a copy of the resolution. By this preliminary resolution of removal, the council may suspend the manager from duty for a period not to exceed thirty days. If the manager so requests in writing, a public hearing on the removal shall be held at a council meeting convened or occurring before the date of the final vote on removal and at least twenty days after adoption of the preliminary resolution. The council shall not adopt a final resolution of removal until at least five days after adoption of the preliminary resolution; and if the manager before that time requests a public hearing, the council shall not adopt a final resolution of removal until after a public hearing has been held. Immediately after adoption of the final resolution, the council shall cause the manager to be paid any unpaid balance of his salary together with his salary for the next three calendar months following adoption of the preliminary resolution. The ac tion of the council in suspending or removing the manager shall not be subject to review by any court or agency. C. By letter filed with the clerk of the council, the manager may 14

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Art. III County Manager 15 designate a qualified county administrative officer or county employee to exercise the powers and perform the duties of manager during the manager's temporary absence or disability. If the manager fails to make such a designation, or if there is a vacancy in the office of manager, or if the manager is suspended, the council shall designate by resolution a qualified county administrative officer or county employee to perform the duties of the manager during his temporary absence, disability or suspension or during the vacancy in the office of manager. Section 3.02. Powers and Duties of :the Coun:ly Manager. The county manager shall be the chief administrative officer of the county. He shall be responsible to the county council for the proper administration of all county affairs placed in his charge by or under this charter. The manager shall: (1) Except as otherwise provided by the constitution of the state of-----------------------------------------------or by this charter, appoint and, when he deems it necessary for the good of the service, suspend or remove all county employees and all appointive county administrative officers/ provided for by or under this charter; but he may authorize any appointive county administrative officer to appoint, suspend or remove subordinates in that officer's department, office or agency; (2) See that all ordinances, resolutions and orders of the council and all laws of the state subject to enforcement by him, or by officers who are subject, under this charter, to his direction and supervision, are faithfully executed; (3) Prepare and submit the annual budget and capital program to the council and execute the budget and capital program in accordance with appropriations and ordinances adopted by the council; (4) Require each county administrative officer to submit a work program for the ensuing fiscal year showing the requested allotments of the appropriations for his department, office or I The charter commission may find it necessary to conform certain provisions of its charter to state law affecting certain independently elected officers. This is most likely to be the case with respect to provisions affecting employees of such officers in sections 2.03. 3.02 ( 1), and 4.06. In this connection, the charter commission should consider whether or to what extent charter provisions on purchasing, personnel, budgeting, finance, auditing, as well as provisions of Article IX and X should apply to county judicial officers or any of their operations.

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16 County Manager Art. III agency by fiscal periods within the year; review and, with or without revision, authorize such allotments before the beginning of the fiscal year; revise such allotments with respect to part or all of any unencumbered balance therein if at any time during the fiscal year he deems it desirable or if during the year revision is needed by reason of supplemental, emergency, reduced or transferred appropriations; report to the council without delay and revise such allotments to prevent or minimize any deficit if during the year it appears probable to him that the revenues available will be insufficient to meet the amounts appropriated; file promptly with the director of finance reports of all his determinations respecting allotments; and the total of the allotments of any appropriation for a department, office or agency shall not exceed the amount of such appropriation; (5) Examine regularly the accounts, records and operations of every county department, office and agency; make regular monthly reports to the council on county affairs; keep the coun cil fully advised on the financial condition and future needs of the county and make such recommendations on county affairs as he deems desirable; (6) Submit to the council at the end of the fiscal year a complete report on the finances and administrative activities of the county for the preceding year and prepare and make available for distribution to the public, within three months after the end of each fiscal year, an annual report on county affairs during that fiscal year; (7) Serve as the purchasing officer of the county, unless the council on his recommendation assigns this function to the department of finance or authorizes him to appoint a purchasing of ficer, who may or may not be connected with the department of finance; (8) Serve as the personnel officer of the county and administer the county personnel system, unless the council on his recommendation authorizes him to appoint a personnel officer to administer the system; and (9) Carry into execution such other powers or duties as are required by this charter or may be prescribed by the council.

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Art. III County Manager 17 Section 3.03. Functions under Direction and Supervision of County Manager.2 The county manager shall direct and supervise the administra-tion of the following functions: (1) The functions of the director of finance; (2) The functions of the purchasing officer; (3) The functions of the personnel officer; (4) The care and custody of county buildings and of all real and personal property of the county; (5) The recording of deeds, mortgages and other instruments and the entry and preservation of any other public records required by law; (6) The construction, maintenance and operation of county roads, bridges, drains, buildings and other public works; (7) The maintenance of law and order, the apprehension of offenders, the operation of county correctional institutions and the custody, care and employment of prisoners; (8) The care and assistance of the needy, the operation of county charitable institutions and the performance of other welfare activities; (9) The conduct of public health activities and the operation of county hospitals, clinics and sanatoria; (10) With respect to the administration of the property, finances and business of public school districts and other governmental units within the county, all functions delegated to the county by those units with the approval of the council; and (11) All other functions of the county or of its departments, offices or agencies, except when prohibited by the constitution of the state of ----------------------------------, and except when such functions are specifically assigned by this charter to any department, office or agency whose head is not appointed by the manager. 2 This section deals with duties of the county manager and so might be merged with section 3.02. It is separated because section 3.03 must be tailored to the functions conferred upon counties in each state, whereas section 3.02 will apply in almost any state.

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Article IV ADMINISTRATIVE DEPARTMENTS. OFFICES AND AGENCIES; ADVISORS. Section 4.01. General Provisions. Section 4.02. Advisors. Section 4.03. Department: of Finance. Section 4.04. Purchasing Officer. Section 4.05. County Legal Advisor. Section 4.06. Personnel System. Section 4.01. General Provisions. A. The activities under the direction and supervision of the county manager shall be distributed among such departments, of fices and agencies as are established by this charter or may be established thereunder by ordinance of the county counciU B. Each such department, office or agency shall be administered by an officer appointed by, and subject under this charter to the direction and supervision of, the manager. With the consent of the council, the manager may serve as the head of one or more such departments, offices or agencies; and with council consent he may appoint one person as the head of two or more such departments, offices or agencies. C. County administrative officers appointed by the manager may be suspended or removed by written order of the manager. The suspension or removal shall take effect upon the signing of the order therefor; and the manager, upon signing such an order, shall cause the officer concerned to be served immediately with a signed copy of the order. If the officer so requests in writing within ten days of the signing of the order, the manager shall furnish him with (a) a clear statement of the grounds for his sus pension or removal, or (b) a written notice of the time, not less than twenty days after the signing of the order, and of the.place at which he will be given an opportunity to be heard, or (c) both 1 The number of departments should be adjusted to the population and needs of the county. For a discussion of departments and possible changes In the charter provisions concerning them, see the Introduction, pages xxix-xxxi. 18

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Art. IV Administrative Departments 19 such statement and such notice. If such notice is requested, a hearing shall be held in accordance therewith and shall be public if the officer concerned so desires. Unless he obtains council approval, the manager may not suspend an officer from duty for more than thirty days pending final action. The manager may by written order terminate or revoke any suspension or removal as of such time and on such terms as he deems proper. A copy of the order, a copy of any written requests in reply thereto by the officer concerned, a copy of the notice of any hearing requested, a copy of any written order of termination or revocation, and a copy or written entry of the final action of the manager shall be filed as a public record in the office of the clerk of the council. The action of the manager in any such cases shall not be subject to review by any court or agen.cy. Section 4.02. Advisors. The county manager may appoint, from time to time, one or more qualified citizens to act in an advisory or consultative capacity to him or to the head of any county department, office or agency subject to the direction and supervision of the manager. Section 4.03. Department of Finance. There shall be a department of finance and at its head a director of finance, who shall administer the financial affairs of the county. The director of finance shall: (1) Assist the county manager in the preparation and execution of the county budget and capital program; (2) Assess property for taxation and apply special assessments levied by the county council; (3) Collect all taxes and special assessments of the county, collect all taxes and special assessments of other governmental units for the collection of which the county is responsible, and receive all other revenues of the county; and it shall be the duty of each county officer and employee promptly to pay into the county treasury to the credit of the county all fees and other moneys received by him for, or in connection with, the business of the county and to render such reports thereon as the director of finance may require; (4) Assist the manager and the council in the negotiation of loans and the issuance and sale of bonds and notes, maintain the

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20 Administrative Departments Art. IV records of county indebtedness and have charge of the payment of interest and principal thereon; (5) Have custody of all public funds belonging to or under the control of the county, or of any county department, office or agency, and deposit all such funds in banks or trust companies designated as depositories by resolution of the council, subject to the requirements imposed by law as to surety and payment of interest, which interest shall accrue to the benefit of the public and shall be credited to the proper fund and account; (6) Examine all contracts, orders and other documents by which financial obligations are incurred; and every such document shall be subject to his approval but he shall not approve unless he first verifies the appropriation, allotment and availability of funds to meet the obligation concerned and certifies thereto as provided in section 5.11A; (7) Disburse all funds in the county treasury; and no money shall be paid out of the treasury unless he first (a) verifies the appropriation, allotment and availability of funds to cover the claim concerned and certifies thereto as provided in section 5.11A and (b) determines that such claim is regular in form, correctly computed and constitutes a legal obligation; (8) Maintain a general accounting system for the county and each of its departments, offices and agencies; exercise financial budgetary control over each department, office and agency; keep a separate account for each item of appropriation made by the council, showing the amount of the appropriation, any allotments of that appropriation, the amounts paid from it, the unpaid obli gations against it and the unencumbered balance of the appropriation and of any allotments thereof; and require all county departments, offices and agencies to report and remit all receipts to him daily or as often as he deems desirable; (9) Each month submit to the council through the manager a statement of the revenues and expenditures for the preceding month and for the fiscal year up to and including the preceding month; and the statement shall be sufficiently detailed as to appropriations, allotments and funds to show the exact financial condition of the county and of each of its departments, offices and agencies; (10) Submit to the council through the manager at the end of each fiscal year a report of the financial transactions of that year,

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Art. IV Administrative Departments 21 and a complete statement of the financial condition of the county at the end of the year; and (11) Perform such other duties as the council or the manager may prescribe. Section 4.04. Purchasing Officer. A. There shall be a county purchasing officer. The county manager shall serve as purchasing officer unless, pursuant to section 3.02(7) of this charter, the county council assigns this office to the department of finance or the manager appoints another person to the office. B. The purchasing officer shall purchase, store and distribute all supplies, material and equipment for the county and for its departments, offices and agencies in the manner, and with such exceptions, as may be provided by resolution of the council. He shall establish and enforce suitable specifications and standards for all supplies, material and equipment to be purchased for the county; shall inspect all deliveries to determine their quality, quantity and compliance with these specifications and standards; and shall accept or reject the deliveries in accordance with the results of his inspection. He shall have charge of any general storerooms and warehouses which the council may provide. He may make transfers of supplies, material and equipment between county departments, offices and agencies; sell surplus, obsolete, unused or waste supplies, material and equipment; and make any other sales authorized by the council. C. Before making any purchase or sale, the purchasing officer shall invite competitive bidding under such rules and regulations, and with such exceptions, as the council may prescribe by ordi nance; but the council shall not except individual contracts, purchases or sales from the requirement of competitive bidding. D. The purchasing officer shall not furnish any supplies, material, equipment or contractual services to any county department, office or agency: (1) unless the purchasing officer has received therefor a requisition executed by an appropriate county officer or employee as defined by the council and (2) unless the director of finance first verifies the appropriation, allotment and availability of funds therefor and certifies thereto as provided in section 5.11A.

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22 Administrative Departments Art. IV Section 4.05. County Legal Advisor. The county manager shall appoint an attorney, subject to approval by the county council, to serve as legal advisor to the council, the manager and the county departments, offices and agencies; to act as counsel for the county in any proceeding instituted by or against the county; and to perform any other legal duties prescribed by this charter or by the council. If in special circumstances or for any inquiry under section 2.02(5) the council deems it advisable, it may provide in addition for the temporary employment of counsel other than the legal advisor. Section 4.06. Personnel System.2 A. All appointments and promotions of county officers and county employees shall be made on the basis of merit and fitness. With respect to county employees, merit and fitness for the county position concerned shall be determined, in so far as practicable, by competitive tests except in the case of persons employed to make or conduct a special inquiry, investigation, examination or in stallation, if the county council or the county manager certifies that the employment is temporary and that the work should not be performed by regular county employees. B. There shall be a county personnel officer. The manager shall serve as the personnel officer unless, pursuant to section 3.02(8) of this charter, he appoints another person to the office. The personnel officer shall administer the personnel system of the county in accordance with the personnel rules adopted under this section and shall perform any other duties prescribed by the council which are not inconsistent with his duties under those rules. C. The personnel officer shall prepare personnel rules to carry out the provisions of this section. After a public hearing on the rules, the manager shall approve them with or without modifica tion or reject and return them for revision and resubmission. When approved by the manager, the personnel rules shall be submitted to the council and shall become effective when the council by resolution adopts them with or without amendment. Except as provided in paragraph (2) below with respect to the pay plan, they shall become effective as submitted after thirty 2 See Mode! State Civi! Service Law, published by National Civil Service League and National Municipal League. New York. 1953, 32 pages. 75 cents.

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Art. IV Administrative Departments 23 days unless the council within that period adopts them with amendment or rejects them. These rules shall provide for: (1) The classification of all county positions, which classifi cation shall be based on the duties, authority and responsibility of each position; (2) A pay plan for all county positions, which plan shall become effective when the council by resolution adopts it with or without amendment; (3) The method of holding competitive tests for determining the merit and fitness of candidates for appointment and promo tion; (4) The establishment, maintenance and certification of eligi ble lists for filling vacancies; (5) The order and manner in which layoffs may be effected; (6) The procedure for suspension and removal of employees, which procedure shall include provision for appeals from orders of suspension or removal or other disciplinary action; (7) The hours of work, the attendance regulations and the provisions for sick and vacation leave; (8) With regard to persons falling within the terms of sec tion 10.01B(3), the procedure for provisional appointments; and (9) Other practices and procedures necessary to the administration of the county personnel system.

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Article V FINANCIAL PROCEDURES' Section 5.01. Fiscal Year. Section 5.02. Preparation and Submission of Budget and Capital Program. Section 5.03. Scope of Budget and Message. Section 5.04. Budget and Capital Program: Notice and Hearing. Section 5.05. Budget: Council Action. Section 5.06. Capital Program: Scope; Council Action. Section 5.07. Budget and Capital Program; Public Records. Section 5.08. Appropriations: Supplemental and Emergency. Section 5.09. Appropriations: Reduction and Transfer. Section 5.10. Lapse of Appropriations. Section 5.11. Payments and Obligations Prohibited; Certifica tions; Penalties. Section 5.12. Post-Audit. Section 5.01. Fiscal Year. The fiscal year of the county shall begin on the first day of _________________ and end on the last day of ______ ------------I This article applies the cash basis method of budgeting which is provided for l.n somewhat more detail in the National Municipal League's Mode! Cash Basis Budget Law, 1948, 41 pages, 75 cents. Some counties may prefer to adopt the accrual method of budgeting as set forth in the companion Mode! Accrual Budget Law, 1946, 40 pages, 75 cents. Depending on the basic method adopted, it may in some cases be desirable to include certain additional details on the form and content of the budget, including such matters as estimating revenues and surplus and providing for uncollected taxes. especially if they are not covered satisfactorily by state law. Article IV of the Mode! City Charter (1941, 173 pages, $1.50) as well as the model budget laws may be of assistance to charter draftsmen on these points. In states without adequate laws governing borrowing for capital improvements it will be advisable to include provisions regarding this matter in the charter. For assistance in drafting such provisions. see Article V of the Mode! City Charter and the League's Mode! County and Municipal Bond Law, 1953, 54 pages, $1.00. 24

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Art. V Financial Procedures 25 Section 5.02. Preparation and Submission of Budget and Capital Program. A. On or before the __________________ day of _________________ of each year,2 the county manager shall submit to the county council (1) a current expense budget for the ensuing fiscal year, (2) a capital program, and (3) an accompanying message. B. On or before the date specified by the manager, the head of each county department, office or agency shall furnish the manager: (1) Estimates for the ensuing fiscal year covering the revenues and expenditures of the department, office or agency concerned; (2) Estimates of any capital improvements pending or proposed to be undertaken (a) within the ensuing fiscal year and (b) within the five fiscal years thereafter; and (3) Such other information as the manager may request. C. The manager shall review all the estimates furnished him. He may hold public hearings thereon, and may revise the estimates in such manner as he deems advisable in preparing the budget and the capital program. D. Upon submission, the budget, the capital program and the message shall be a public record in the office of the clerk of the county council and shall be open to public inspection. The manager shall at the same time make available copies of the budget, the capital program and the message for distribution to interested persons. Section 5.03. Scope of Budget and Message. A. The budget shall present a complete financial plan for the current operations of the county and its departments, offices and agencies in the ensuing fiscal year, showing all funds and reserves. It shall be set up as provided by the law of the state of _________________ or, in so far as there is no provision, as provided by the county council after consultation with the county manager. Except as otherwise provided by law, the budget shall contain at least the following: (1) A simple, clear general summary of the detailed contents of the budget; 2 It is suggested that the date inserted be forty-five days or more prior to the beginning of the fiscal year.

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26 Financial Procedures Art. V (2) The proposed expenditures, including provision for any estimated cash deficit for the fiscal year currently ending, debt service requirements for the ensuing fiscal year, and all other expenditures for the ensuing fiscal year, capital and otherwise, to be met from current revenues; and the proposed expenditures shall be shown by organization units, activity, character and ob ject; (3) A comparative statement of the actual expenditures for the preceding fiscal year and the estimated expenditures for the fiscal year currently ending; (4) In a column titled "Appropriations," the lump sums recommended for appropriation on the basis of proposed expenditures, which lump sums need not be itemized further than by departments, offices and agencies and their major divisions, and by principal objects; (5) The estimated revenues, shown by estimated cash surplus, if any, for the fiscal year currently ending, proposed tax levies and other sources; and (6) A comparative statement of the actual revenues for the preceding fiscal year and estimated revenues for the fiscal year currently ending. B. The estimated revenues, proposed expenditures and total of appropriations for the ensuing fiscal year shall be equal in amount. C. The manager's message shall explain the budget both in fiscal terms and in terms of work to be done. It shall outline the proposed financial policies of the county for the ensuing fiscal year and describe the important features of the budget plan. It shall indicate any major changes in financial policies and in expenditures, appropriations and revenues as compared with the fiscal year currently ending, and shall set forth the reasons for the changes. As to the capital program, the message shall include a list of pending and proposed capital improvements together with the manager's comments on such list. It shall itemize and explain each pending capital improvement and each capital improvement proposed to be undertaken within the ensuing fiscal year, showing the estimated cost of each improvement and the pending or proposed method of financing it. The message shall also include such other supporting or explanatory material as the manager deems desirable.

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Art. V Financial Procedures 27 Section 5.04. Budget and Capital Program: Notice and Hearing. A public hearing shall be held on the budget and capital pro gram not more than three weeks after their submission. At this hearing all persons interested shall have an opportunity to be heard. At least two weeks before the hearing, the county council shall: (1) Publish in one or more newspapers of general circulation in the county the general summaries of the budget and capital program and a notice setting out the time and place for public hearing thereon and for their consideration by the council; (2) Mail copies of the notice, the general summaries and the message to the same newspapers and, in accordance with coun cil regulations, to additional newspapers of general circulation in the county; and (3) Post copies of the notice, the general summaries and the message conspicuously for public inspection at the county seat and at seats of municipal government in the county. Section 5.05. Budget: Council Action. A. After the public hearing, the county council may adopt the budget with or without amendment. In amending, it may add new items or increase items in the budget. It may decrease or de lete items, excepting appropriations required by law, appro priations for debt service or for estimated cash deficit. But in all cases the estimated revenues, proposed expenditures and total of appropriations for the ensuing fiscal year shall be equal in amount. B. The council shall adopt the budget on or before the twenty second day of the last month of the fiscal year currently ending. If it fails to do so, the budget submitted by the manager shall be deemed adopted by the council as the budget for the ensuing fiscal year.8 C. The adopted budget shall be in effect on and after the first s There are several possible ways to deal with the rare case of failure on the part of a council to adopt a budget before the prescribed date. It would, for example, be possible to qualify the provision that the manager's budget shall be deemed adopted by authorizing the council to amend the budget any time until the end of the first month of the fiscal year. Other possibilities would be: (1) to authorize the council to make temporary appropriations for a period not to exceed one month, during which time it would presumably complete adoption of the budget for the re mainder of the fiscal year, or (2) to provide in the charter that the budget of the preceding fiscal year should be applicable automatically for the first month of the ensuing year.

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28 Financial Procedures Art. V day of the fiscal year to which it applies. As of this date and by virtue of the adoption of the budget: (1) the several amounts listed in the budget column titled "Appropriations" shall be appropriated to the specified departments, offices, agencies and their major divisions and to the specified principal objects; and (2) the amount of property tax proposed in the budget shall be levied. Section 5.06. Capital Program: Scope: Council Action. A. The capital program shall contain at least the following: (1) A simple, clear general summary of the detailed contents of the program; (2) The capital improvements pending or proposed to be undertaken within the ensuing fiscal year, together with the estimated cost of each improvement and the pending or proposed method of financing it; and (3) The capital improvements proposed for the five years next succeeding the ensuing fiscal year, together with the estimated cost of each improvement and the proposed method of financing it. B. Capital expenditures to be financed from current revenues in the ensuing fiscal year shall be included in the budget as well as in the capital program. Appropriations for such expenditures shall be included in the budget. C. After the public hearing on the capital program, the county council may adopt the program with or without amendment. In amending, the council shall request and consider, but need not follow, the recommendations of the county manager as to the proposed amendment. If a requested recommendation is not presented to the council within five days after the request therefor, the council may pass upon the proposed amendment without considering that recommendation. D. The council shall adopt the capital program on or before the twenty-second day of the last month of the fiscal year currently ending. If it fails to do so, the program submitted by the manager shall be deemed adopted by the council as the program for the ensuing fiscal year. The adopted program shall be in ef fect on and after the first day of that year. E. At any time during a fiscal year, the council by resolution, adopted on the affirmative votes of at least two-thirds of its members, may amend the capital program for that year. In amending, the council shall request and consider, but need not follow, the

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Art. V Financial Procedures 29 recommendations of the manager as to the proposed amendment. If a requested recommendation is not presented to the council within thirty days after the request therefor, the council may pass upon the proposed amendment without considering that recommendation. Section 5.07. Budget and Capital Program: Public Records. Three copies of the budget and capital program as adopted shall be certified by the county manager and the clerk of the county council. One of these copies shall be filed in the office of the manager, and one each in the offices of the director of finance and the director of planning. The budget and capital program as so certified shall be printed, mimeographed or otherwise reproduced and copies shall be made available to the county departments, offices and agencies and to interested persons. Section 5.08. Appropriations: Supplemental and Emergency. A. If during any fiscal year the county manager certifies that there are available for appropriation (1) revenues received from sources not anticipated in the budget for that year or (2) revenues received from anticipated sources but in excess of the budget estimates therefor, the county council may make supplemental appropriations for the year up to the amount of the additional revenues so certified. Such appropriations may be made by ordinance effective immediately upon adoption. B. To meet a public emergency affecting life, health or property, the council upon written request by the manager may make emergency appropriations. Such appropriations may be made by resolution and must be approved by all council members present or by three-fourths of those elected. To the extent that there are no available unappropriated revenues to meet such appropriations, the council may by resolution authorize the issuance of emergency notes. These notes may be renewed from time to time, but the emergency notes and renewals of any fiscal year shall be paid not later than the last day of the fiscal year next succeeding that in which the emergency appropriation was made. The total of emergency appropriations in any fiscal year shall not exceed ________________ per cent of the total operating appropriations (excluding those for debt service) made in the budget for that year, or the sum of ___________ __ dollars, whichever is the larger amount.

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30 Financial Procedures Art. V Section 5.09. Appropriations: Reduction and Transfer. A. If at any time during the fiscal year it appears probable to the county manager that the revenues available will be insufficient to meet the amount appropriated, he shall report to the county council without delay, indicating the estimated amount of the deficit, any remedial action taken by him, and his recommendations as to any further action to be taken. The council shall then take such further action as it deems necessary to prevent or minimize any deficit. For that purpose it may by resolu tion reduce one or more appropriations; but no appropriation for debt service or for estimated cash deficit may be reduced, and no appropriation may be reduced by more than the amount of the unencumbered balance thereof or below any amount required by law to be appropriated. B. The manager may at any time during the fiscal year transfer part or all of any unencumbered appropriation balance between classifications of expenditures within a department, office or agency; and if at any time the manager so requests in writing, the council by ordinance effective immediately on adoption may transfer part or all of any unencumbered appropriation balance from one department, office or agency to another. But no transfer shall be made from appropriations for debt service or for esti mated cash deficit; and no appropriation may be reduced below any amount required by law to be appropriated. Section 5.10. Lapse of Appropriations. Every appropriation, except an appropriation for a capital expenditure, shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. An appropria tion for a capital expenditure shall continue in force until the purpose for which it was made has been accomplished or abandoned. The purpose of any such appropriation for a capital expenditure shall be deemed abandoned if three years pass without any expenditure from, or encumbrance of, the appropriation concerned. Section 5.II. Payments and Obligations Prohibited: Certifica tions: Penalties. A. No payment shall be authorized or made and no obligation incurred against the county except in accordance with appropriations duly made. No payment shall be made against any allot-

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Art. V Financial Procedures 31 ment or appropriation unless the director of finance first certifies that there is a sufficient unencumbered balance in the allotment or appropriation, and that sufficient funds therefrom are avail able, to cover the claim concerned; nor shall any obligation be incurred against any allotment or appropriation unless the director of finance first certifies that there is a sufficient unencumbered balance in the allotment or appropriation, and that sufficient funds therefrom will be available, to meet the obligation concerned when it becomes due and payable. Every obligation incurred and every authorization of payment in violation of the provisions of this charter shall be void. Every payment made in violation of the provisions of this charter shall be illegal; and all county of ficers who knowingly authorize or make such payment or any part thereof shall be jointly and severally liable to the county for the full amount so paid or received. If any county officer or employee knowingly authorizes or makes any payment or incurs any obligation in violation of the provisions of this charter or takes part therein, that action shall be cause for his removal. B. Nothing contained in this section or other sections of this charter shall be construed to prevent the making or authorizing of payments or making of contracts for capital improvements to be financed wholly or partly by the issuance of bonds; nor shall it prevent the making, when permitted by law, of any contract or any lease providing for the payment of funds at a time beyond the end of the fiscal year in which the contract or lease is made. But any contract, lease or other obligation requiring the payment of funds from the appropriations of a later fiscal year or of more than one fiscal year shall be made or approved by ordi nance. Section 5.12. Post-audit. A. The county council shall provide annually for an independent audit of the accounts and other evidences of financial transactions of the county and of every county department, of fice and agency. The audit shall be made by an accountant, designated by the council, who has no personal interest, direct or indirect, in the fiscal affairs of the county or of any of its departments, offices or agencies. The designated accountant shall be thoroughly qualified by training and experience to perform the audit. If the state makes such an audit, the council may accept it as satisfying the requirements of this section.

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Article VI COUNTY PLANNING Section 6.0 I. Couniy Planning: Powers and Duties of ihe Couniy Council. Section 6.02. Couniy Plan, Official Map, Subdivision Regula-lions and Zoning Plan: Procedure before Adoption. Section 6.03. Planning Advisory Commiiiee: Creation. Section 6.04. Planning Advisory Commiiiee: Powers and Duties. Section 6.05. The Director of Planning: Appointment: Powers and Duties. Section 6.06. Coordination of County and Municipal Planning: Cooperation wiih Other Planning Agencies. Section 6.07. The Official Map; Effect of Adoption; Permits. Section 6.08. The Board of Appeals: Composition; Terms and Compensation of Members; Duties. Section 6.01. Couniy Planning: Powers and Duiies of the County Council.1 In addition to its other powers and duties, the county council: (1) Shall adopt and from time to time shall review and, if necessary, shall amend a county plan for the physical develop ment of the county, which plan shall set forth the council's policy regarding the physical development of the county, in cluding recommendations for the most desirable use of land within the county for residential, recreational, agricultural, commercial, industrial and other purposes; for the most desirable density of population in the several parts of the county; for a sys tem of principal thoroughfares, highways, streets and other pub lic ways; for airports, parks, playgrounds and other public open spaces; for the general location, relocation and improvement of public buildings; for the general location and extent of public I Because of the considerable variation in state constitutions and laws concerning county planning, it is advisable for charter commissions to investigate the constitution and laws of their state thoroughly, with particular attention to enabling acts. 33

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34 County Planning Art. VI utilities and terminals, whether publicly or privately owned, for water, sewerage, light, power, trarisit and other purposes; for the extent and location of public housing projects; for adequate drain age facilities and control; and for such other matters as may, in the council's judgment, be beneficial to the county. The county plan shall contain a statement of the objectives, standards and principles sought to be embodied therein. The council may adopt the county plan by a single resolution or may, by successive res olutions, adopt parts of the plan, whether geographical or func tional, and amendments thereto. The plan shall be based on studies of physical, social, economic and governmental conditions and trends and shall be designed to assure the coordinated development of the county and to promote the general welfare and prosperity of its people. The council may also adopt plans for the redevelopment and improvement of areas, districts or neighbor hoods which, in its judgment, are affected by special problems or show a trend toward lower land values; (2) Shall adopt by ordinance an official map of rights of way and open spaces in the county and proposed modifications thereof, showing all existing and legally established highways, streets and other ways, and all existing airports, parks, playgrounds and other public open spaces, and all existing rights of way for surface water drainage, as well as all public highways, streets, other public ways and airports, parks, playgrounds and other public open spaces and all rights of way for surface water drainage which the county proposes to establish pursuant to the county plan; but the placing of any street or street lines upon the of ficial map or the approval of any plat, or the mapping of any rights of way for surface water drainage, shall not constitute the opening or establishment of any street nor the taking or accept ance of any land for street or surface water drainage purposes; (3) Shall exercise control by ordinance over the platting or subdivision of land and by ordinance shall adopt regulations, pursuant to the county plan and the official map, governing the sub division of land in order to obtain a convenient and properly coordinated system of public highways, streets and other public ways, adequate provision for surface water drainage, public util ities and public open spaces, and to obtain coherent communities and neighborhoods by coordinating the design of separate sub divisions. All highways and streets on any plat approved by the council shall be included in the official map of the county, upon

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Art. VI County 35 the filing of such plat with the proper department, office or agency; (4) Shall adopt by ordinance a zoning plan (including zoning maps and regulations) and proposed modifications thereof, which zoning plan may regulate the height, number of stories, size and character of buildings and other structures; the percentage of the area of the lot that may be occupied; the size of yards, courts and other open spaces; the density of population and the location and use of buildings, structures and land for residential, recreational, agricultural, commercial, industrial and other purposes; the height, size and location of advertising signs and billboards. The zoning plan may divide the county into districts of such number, shape and area as may be best suited to carry out the purposes of this article, and it may regulate the erection, construction, reconstruction, alteration or use of buildings or structures and the use of land throughout the county or within such districts. Regulations shall be uniform for each class or kind of buildings or structures within each district, but the regulations in one district may differ from those in another district. The zoning plan shall be designed to carry out the purpose of the county plan, and shall be prepared with reasonable consideration of the character of the several parts of the county and their peculiar suitability for particular uses and types of development, and with a view to preventing substantial inharmonious uses of land and buildings adjoining county and other public property, including streets and highways, and to encouraging the most appropriate use of land throughout the county.2 Section 6.02. County Plan, Official Map, Subdivision Regulations and Zoning Plan: Procedure before Adoption. Before adopting all or any part or amendment of the county plan, official map, subdivision regulations or zoning plan, the county council shall prepare a written proposal concerning the action it intends to take and shall submit the proposal to the municipalities, whether in or outside of the county, which may, in the council's opinion, be affected thereby. Except where the proposal first originated with that committee, the proposal shall also be submitted to the planning advisory committee, which 2 Charter commissions should note that the subdivision control and zoning powers given to the county by this section probably are not appropriate in in which strong township governments are the rule.

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36 County Planning Art. VI shall report its recommendations and advice thereon to the council within forty days, or within such longer period as the coun cil may fix, from the date of submission. Before final adoption of the proposal, and after the period, if any, for comment or advice from the planning advisory committee has elapsed, the council shall hold a public hearing thereon. Section 6.03. Planning Advisory CommiUee: Creation. The county council shall appoint a planning advisory committee, to consist of not less than five or more than fifteen members, none of whom shall hold any other county office or position. The council shall prescribe the terms of office of the members of the committee, and may provide for the selection of its officers and for the employment of secretarial assistance and such occasional technical advisors as it may require from time to time. Members of the planning advisory committee shall serve without compen sation, but shall receive their necessary expenses incurred in the performance of their duties. Section 6.04. Planning Advisory CommiUee: Powers and Duties. The planl}ing advisory committee shall: (1) Report its recommendations and advice to the county council on all proposals submitted to it in accordance with Sec tion 6.02, and on such other matters pertaining to planning as the committee may desire or the council may request; (2) Formulate and develop planning proposals for submission to the council whenever requested to do so by the council, or upon its own motion; (3) Keep informed on all matters pertaining to planning and hold hearings concerning such matters whenever necessary; (4) Promote public interest in and understanding of the county plan and related matters; (5) Perform such other advisory functions and duties and exercise such other powers as the council may establish. Section 6.05. The Director of Planning: Appointment: Powers and Dulies.3 The county manager shall appoint, with the approval of the 3 A full time planning director may not be feasible for small counties. In such a case, it Is recommended that the manager serve as director or that a part-time con sultant serving uncter the manager be hired.

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Art. VI County Planning 37 county council, a person qualified by training and experience in the field of county or municipal planning as director of planning. The director of planning shall: (1) Serve as chief planning officer of the county and regular technical advisor of the manager and of the council on all planning and related matters, and direct the activities of the county's planning staff; (2) Coordinate the planning and related activities of the county with similar activities of the municipalities within the county, confer with and advise officials and agencies of such municipalities on planning matters, and cooperate with state and regional planning agencies and with municipal or county planning and zoning agencies of other counties, in accordance with section 6.06; (3) Maintain an up-to-date file of municipal plans, zoning ordinances, official maps, building codes and subdivision regulations, and amendments to any of them, of municipalities within the county; (4) Supply technical planning services to any municipality of the county upon agreement between the council and the governing body of the municipality concerned; (5) Assist the manager in the preparation of the capital program; (6) Perform such other duties and exercise such other powers as the manager or the council may establish. Section 6.06. Coordination of County and Municipal Planning: Cooperation with Other Planning Agencies. To facilitate effective and harmonious planning of the county and municipalities within it, the county council may by resolution request that any proposed municipal plans, zoning ordi nances, official maps, building codes, subdivision regulations and amendments to any of them be submitted to the director of planning, who may offer advice thereon. He may consult the council or the planning advisory committee before rendering such advice, and shall report periodically to the council and the planning advisory committee concerning such submission and his ad vice thereon, if any. The director of planning may also confer, cooperate and exchange information with state and regional planning and zoning agencies, and with municipal or county planning or zoning agencies of other counties.

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38 County Planning Art. VI Section 6.07. The Official Map: Effect of Adoption: Permits. A. Until the adoption of the official map, no public water or sewer connection or other public utility or improvement shall be constructed in or any water, drainage, light or other public service rendered to or along any street, and no permit for the erection of any building shall be issued unless the county council, or the department, office or agency designated by it, finds, in accordance with such standards as the council may establish by ordinance, that such construction, rendition of services or permit will not tend materially to increase the difficulty of formulating the official map or of formulating or carrying out the county plan. The council shall provide by ordinance for appeals from denials or permits hereunder to the board of appeals if that board has been established or, if not, to the council.4 B. After the adoption of the official map of the county, no building or structure or any part thereof shall be erected on any land located between the mapped lines of any highway or street or within any drainage right of way or any area designated for surface water drainage as shown on the official map. An owner of land so located may apply for a permit for such building or structure to the board of appeals, as provided in section 6.08( 4) if that board has been established or, if not, to the council. Upon such application and after a hearing, the board or council shall grant a permit, subject to such conditions as it may impose, for such a building or structure, if upon balancing the owner's interest against the interest of the county in preserving the integrity of the official map, it finds that otherwise he would suffer unnecessary hardship. C. After the adoption of the official map, no public water or sewer connection or other public utility or improvement shall be constructed in, or any water, drainage, light or other public service rendered to or along any street, until and unless the street has been duly placed on the official map, and no permit for the erection of any building may be issued unless a highway or street giving direct access to the building lot and to the proposed structure is shown on the official map, and such highway or street has 4 This section is not intended to be incorporated into a charter in the form set out. The intention is merely to indicate the necessity for safeguarding the integrity of the official map while it is in the process of formulation. Charter commissions may wish to insert a more specific transitory provision at this point, which will take into account planning and subdivision practices in the county prior to the adoption of the charter. See, for example, the New York Village Law. section 179.

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Art. VI County Planning 39 been suitably improved to the satisfaction of the council or the department, office or agency designated by it, in accordance with such standards as the council may establish." An owner of land whose application for a building permit has been denied hereunder may appeal to the board of appeals, as provided in sec tion 6.08(5) if that board has been established or, if not, to the council. Upon such appeal and after a hearing, the board or council shall grant a permit, subject to such conditions as it may impose, if it finds (a) that such permit would not materially tend to increase the difficulty of carrying out, or tend to dislocate, the official map or county plan, and (b) that the circumstances of the case do not require the proposed building to be related to existing mapped or planned streets, or that the strict application of the provisions of this section would result in practical difficulty or unnecessary hardship. Section 6.08. The Board of Appeals: Composition: Terms and Compensation of Members: Duties. When and if the county council adopts a zoning plan, there shall be a board of appeals consisting of three members appointed by the council for terms of three years, except that, of the members originally appointed, one shall serve for a one-year term, one for a two-year term and one for a three-year term. Members shall serve without compensation but shall receive their necessary expenses incurred in the performance of their duties. Any member of the board of appeals may be removed by the council after a public hearing. The council shall fill by appointment all vacancies for the unexpired balance of the term. The council shall designate the chairman of the board of appeals. Meetings of the board shall be public and the board shall keep minutes of its proceedings. The board shall have the following duties: (1) To hear and determine appeals from any decision or order of any department, office or agency charged with the enforcement of the zoning plan, wherever error in such decision or order has been alleged. Upon such an appeal, the board's power shall be limited to a review of the decision or order appealed and shall 5 The charter commission might want to consider the possibility of exempting buildings used for agricultural purposes from the scope of the provision requiring access to highways.

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40 County Planning Art. VI not extend to granting any variance from the provisions of the zoning plan; (2) To hear and determine petitions for variances and, subject to such principles, conditions or procedures as the council may by ordinance provide, to vary the strict application of any provision of the zoning plan to any specific parcel of land when, by reason of peculiar and unusual circumstances pertaining to such parcel, such strict application would deprive the owner of the reasonable use thereof or cause undue hardship; (3) To hear and determine, on application therefor, all other matters which the board may be required to pass on pursuant to the terms of the zoning plan and subject to the standards andrequirements prescribed therein; (4) To hear and determine cases under subsection 6.07B; (5) To hear appeals by applicants for building permits under subsections 6.07 A and C.

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Article VII NOMINATIONS AND ELECTIONS1 Section 7.01. County Elections. [Section 7.015. County Council Districts.] Section 7 .02. N ominafions. Section 7.03. Council Ballots. Section 7 .04. Challengers. Section 7.05. Determination of Election Results. Section 7.06. Ballots for Ordinances and Charter Amendments. Section 7.07. Vacancies. Section 7.08. Availability of List of Qualified Voters. Section 7.01. County Elections. A. The regular election for the choice of members of the county council shall be held on the ____________________ of ____________________ in each odd (even) numbered year. B. All citizens qualified by the constitution and other laws of the state of --------------------------------to vote in the county shall be qualified voters of the county within the meaning of this charter if they satisfy the requirements for registration prescribed by law. C. Except as otherwise provided by this charter, the provisions of the general election laws of the state of -------------------------------------------shall apply to elections held under this charter. All elections provided for by the charter shall be conducted by the election authorities established by law. For the conduct of county elections, for the prevention of fraud in such elections and for the recount of ballots in cases of doubt or fraud, the council shall adopt by ordinance all regulations which it considers desirable and which are consistent with the constitution and general election laws of the state of ____________ ---------------------------------------------__________________ and with this charter.2 The election authorities may adopt, and if they adopt I Italicized material In brackets in this article Is applicable only when the council Is to be elected on a mixed basis, i.e., by districts and at large. 2 If the general election laws are adequate with respect to such matters as nominations, ballots, challenges and the counting of votes, or If they permit the county council to make satisfactory provision respecting such matters, the following sections dealing with them may be eliminated, curtailed or modified accordingly. 41

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42 Nominations and Elections Art. VII shall publicize, further regulations consistent with the constitution and general election laws of the state of ---------------------------------------and consistent with this charter and the regulations of the council. [Section 7.015. County Council Districts. (Majority Election by District and at Large )3 A. There shall be ________________ county council districts. At each regular county election, except as otherwise provided by section 7.015C one councilman shall be elected by each council district, and _____________ councilmen shall be elected at large. B. After the official federal publication of the county's popula tion data following each federal decennial census, the districting commission4 shall file with the clerk of the county council an in itial report containing a recommended plan for such adjustment of the council district boundaries as may be necessary to comply with these specifications: (1) Each district shall be formed of compact, contiguous ter ritory; (2) The districts shall not differ in population, according to the most recent federal decennial census, by more than 10 per cent of the population of the least populous district created.5 The initial report, and all other reports required by this section, shall be certified and signed before filing by at least ______________ mem-bers of the commission and shall include a map and description of the districts recommended. When an initial report is filed, the clerk shall promptly publish in one or more newspapers of general circulation in the county: (a) the report, or at least the map and 3 See footnote 1 above. If the mixed basis of representation is adopted, the number of this section should be changed to 7.02, and the present section 7.02 would become 7 .03, etc. Cross references in the charter text and notes would also have to be changed. 4 In drafting a charter for a particular county it will be necessary to make specific provision for the composition of the districting commission. It is important that the commission be so constituted that the public will have confidence in Its competence and fairness. In many cases it should be possible to designate its members on an ex officio basis. The New Jersey Optional Municipal Charter Law, Chapter 210, Laws of 1950, Section 17-4c, for example, provides that in municipalities which elect some councilmen by wards the ward lines shall be drawn by the members of the county board of elections of the county in which the municipality is situated, together with the municipal clerk of the municipality concerned sitting as "ward commissioners." In New Jersey the county board of elections consists of four members, two from each of the major parties. 5 Counties, whose population, as determined by the federal census, include substantial numbers of non-voting residents (e.g., inmates of certain institutions or out-of-county students at schools or colleges) may find it necessary to except such persons fom the population to be considered in drawing district lines.

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Art. VII Nominations and Elections 43 description therein included; and (b) a notice setting out the time and place for a public hearing on the report. In addition, the clerk shall publish the report and notice by: mailing copies to the same newspapers and, in accordance with council regulations, to addi tional newspapers of general circulation in the county; posting copies conspicuously for public inspection at the county seat and at seats of municipal government in the county; and making avail able a reasonable number of copies for distribution to interested persons on request. In accordance with the notice, and at least one week after its publication, the commission shall hold a public hearing at which all interested persons shall have an opportunity to be heard. After the hearing and subject to the specifications set out earlier, the commission may revise its recommendations, and shall file a final report with the clerk. The clerk shall immediately publish the final report in the manner prescribed for the initial report. C. The districting commission shall file its final report at least ninety days before the first regular county election that occurs more than seven months after the official federal publication of the county's population data following each federal decennial census. If the commission does not file its final report on or before the applicable final date provided in this subsection, all councilmen to be elected at the regular county election that occurs ninety days after that date shall be elected at large and shall serve councilmen at large until their terms of office expire and until their successors are elected and qualified. After such an election at large, the commission shall reconvene to adjust the district boun daries in accordance with the specifications, requirements and pro cedures earlier provided in this section, except that the final re port shall be filed at least ninety days before the next regular county election following the election at large. D. The council districts and boundaries shown in the commis sion's final report filed on or before the applicable final date pro vided in section 7.015C shall as of that final date supersede previ ous council districts and boundaries for the purposes of the next regular county election, and such purposes shall include filing of nominating petitions, printing and marking of ballots, and de termination of election results. The districts and boundaries shown in the final report shall supersede previous districts and boun daries for all other purposes as of the date on which all councilmen elected at that regular county election take office.]

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44 Nominations and Elections Art. VII Section 7.02. Nominations. (Alternative I. Sponsor-deposit Method) A. Any qualified voter of the county may be nominated for the county council [, either as a district councilman or councilman at large,] by petition of ten such voters, who shall be designated as his sponsors. [Sponsors for a candidate for district councilman must be residents of the district for which the candidate is nominated. Any voter may sign one petition for the office of councilman at large, and one petition for the office of district council man.]6 If a voter signs more than one petition for the office of councilman [at large or for the office of district councilman], his signature shall be void except as to the first filed of the petitions signed by him [for the office concerned]. The signatures to a nominating petition shall be executed in ink or indelible pencil. Each signer shall indicate next to his signature the date of his signing and the place of his residence, giving the street and number or other description sufficient to identify it. Nominating petitions shall be signed and filed with the election authorities not earlier than ninety days or later than forty days before the election. B. Nominating petitions shall be in substantially the form printed below and shall contain the information required by this form. NoMINATING PETITION We, the undersigned ten qualified voters of the county of ___________ ____________________ hereby nominate and sponsor ______________________________ whose residence is ------------------------------ for member of the county council [ (at large) (for the ________ district)] to be voted for at the election Cross out the phrase that does not apply. to be held on the ----------------day of _________ ----19 _______ ; and we individually certify that we are qualified voters of the county, and that we have not signed any other nominating petition for that office. Name Street and Number and City, Township or Village [spaces for ten signatures and required data] Date of Signing 6 Charter commissions may wish to include a specific provision at this point that district councilmen do not necessarily have to be residents of the district that they represent.

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Art. VII N ami nations and Elections 45 AccEPTANCE oF NoMINATION I hereby accept the nomination for the council and agree to serve if elected. Signature of candidate ______________ -------------------------------------Date and hour of filing -------------------------------This petition is filed by -----------------------------------------------------------whose address is -----------------------------------------------------------------------------------------------------Received by -----------------------------(Signature of election official) No nominating petition shall be accepted unless accompanied by a signed acceptance of the nomination and a deposit by the candidate of ---------------------------dollars ($ ______________ ) .7 The officer who receives the deposit shall issue a receipt therefor. The deposit shall be returned to the candidate if he becomes ineligible or withdraws his candidacy or if [, being a candidate for councilman at large,] he polls at least _____ ___ _per cent of the total valid ballots8 [or if, being a candidate for district councilman, he polls at least -------------------per cent of the total valid ballots for the office con cerned]; but if he remains a candidate and fails to receive the required number of votes, the deposit shall be forfeited and paid into the general fund of the county. A candidate may withdraw his nomination not later than the last day for filing nominating petitions by filing a notice of withdrawal with the election authorities. C. Within five days after the filing of a nominating petition the election authorities shall notify the candidate and the person who filed the petition whether or not it is found to be sufficient under 7 The purpose of requiring a deposit Is to prevent the ballot from being made In conveniently long through the candidacy of self-seekers and advertisers without a substantial following. Deposit plans have been used In England, Ireland, Canada, Australia and New Zealand with good results for years and are now in use in Michigan and other places In this country also. While the deposit should be large enough to deter triflers It should not be so large as to prevent the candidacy of persons of moderate means with a substantial number of adherents. In considering the justice of a deposit system, It should be borne in mind that the circulation of a large petition, which the deposit makes unnecessary, usually costs at least ten cents per signature and that the deposit is returnable in case the candidate polls a vote of reasonable size. In case the sponsor system with a deposit Is unacceptable by Itself, It might be made an alternative to the ordinary petition method set forth in alternative II of this section so that a candidate may take his choice. 8 If proportional representation is used the term "quota" should be substituted for the term "total valid ballots." In such case 5 per cent of the quota at any stage of the regular count would be a reasonable figure. If election Is to be by plurality or majority vote at large. the figure might be set at 10 per cent of the total vote cast at the election.

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46 Nominations and Elections Art. VII the requirements prescribed by this charter. If a petition is found insufficient, the election authorities shall return it immediately to the person who filed it with a statement certifying wherein the petition is found insufficient and shall return to the candidate the deposit of money made at the time the petition was filed. Within the regular time for filing petitions a new petition may be filed for the same candidate. The election authorities shall keep on file all petitions found sufficient, and shall so keep them at least until the expiration of the term for which the candidates are nominated in those petitions. (Alternative II. Long Petition Method) A. Candidates for election to the county council shall be nominated by petition. Any qualified voter of the county may be nominated for election to the council [ (a) as a councilman at large] by a petition signed by qualified voters of the county not less in number than 1 per cent9 of the number of persons who voted in the county for the office of governor at the last gubernatorial election [,or (b) as a district councilman by a petition signed by ---------or more qualified voters of the district for which the candidate is nominated]. B. The signatures to a nominating petition need not all be affixed to one paper, but to each separate paper of a petition there shall be attached an affidavit executed by the circulator of the paper stating the number of signers of the paper and stating that each signature on the paper was affixed in his presence and that he believes each signature to be the genuine signature of the person whose name it purports to be. The signatures to a nominating petition shall be executed in ink or indelible pencil. Each signer shall indicate next to his signature the date of his signing and the place of his residence, giving the street and number or other description sufficient to identify it. Nominating petitions and each separate paper thereof shall be in substantially the form printed below and shall contain the information required by this form. NoMINATING PETITION We, the undersigned voters of------------------County hereby nomi-nate ____________________ whose residence is ____________________ for member of the u For very populous counties, in which 1 pel' cent would produce an unduly long petition, the requirement of a specific number of signers may be substituted. If proportional representation is used, one-fourth of 1 per cent. but not more than 500 signatures, would be a reasonable requirement.

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Art. VII Nominations and Elections 47 county council [ (at large) (for the __ _ _ district)] to be voted Cross out the phrase that does not apply. for at the election to be held on the _________ --------day of ______ __ 19 ______ ; and we individually certify that we are qualified voters of the county and that we have not signed nominating petitions for candidates for that office greater in number than the number to be elected thereto10 at that election. Name Street and Number and City, Township or Village [spaces for signatures and required data] OF CIRCULATOR Date of Signing The undersigned is the circulator of this petition paper, which contains ____________________ signatures. Each signature affixed thereto was made in my presence and is, I believe, the genuine signature of the person whose name it purports to be. Signature of circulator ___ .. _____ --------------Address _______________ ----------------------------___________ Date----------------------C. All separate papers comprising a nominating petition shall be assembled and filed with the election authorities as one instrument not earlier than ninety days or later than forty days before the election. The election authorities shall make a record of the exact time when each petition is filed. No nominating petition shall be accepted unless accompanied by a signed acceptance of the nomination in substantially the form printed below and containing the information required by this form. AccEPTANCE OF I hereby accept the nomination for member of the county coun cil and agree to serve if elected. Signature -------------------------------------------------------------------------------Date ------------------------------------------------------------------------------------------D. Within five days after the filing of a nominating petition the election authorities shall notify the candidate and the person who filed the petition whether or not it is found to be sufficient under the requirements prescribed by this charter. If a petition is found insufficient, the election authorities shall return it imIO If proportional repesentation is used for the election of the county council, each voter should be permitted to sign the petition of only one candidate.

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48 Nominations and Elections Art. VII mediately to the person who filed it with a statement certifying wherein the petition is found insufficient. Within the regular time for filing petitions such a petition may be amended and filed again as a new petition (in which case the time of the first filing shall be disregarded in determining the validity of signatures thereon) or a different petition may be filed for the same candidate. The election authorities shall keep on file all petitions found sufficient, and shall so keep them at least until the expiration of the term for which the candidates are nominated in those petitions. Section 7.03. Council Ballots. A. The full names of all candidates nominated for membership [at large] in the county council, except those who have withdrawn, died or become ineligible, shall be printed on the official ballots without party designation or symbol [; the full names of all candidates nominated for membership as district councilman in the council, except those who have withdrawn, died or become ineligible, shall be printed only on the official ballots for their re spective districts, without party designation or symbols]. If two or more candidates have the same surname, or surnames so similar as to be likely to cause confusion, their residence addresses shall be printed with their names on the ballot. B. The names of the candidates shall be arranged in the alphabetical order of their surnames, but the names shall be rotated by election districts as hereinafter provided, so that, as nearly as possible, each name shall appear first and in each other position in an equal number of the election districts. For purposes of this rotation, the election authorities shall arrange all the election districts (in the county)11 [in each council district] in a single continuous series in the order in which they are customarily listed by the election authorities if there is any such customary order. If there is no such customary order, the election authorities shall establish one. The order in which the election districts are thus arranged shall be known as the standard order. In the first district in the standard order the names of the candidates shall appear in alphabetical order. In the second they shall appear in the same order except that the first name in the first district shall appear last. In each succeeding district the names shall ap-u This phrase Is only applicable where the election Is by proportional repesenta tion, or a majority election at-large. It should be deleted If the election Is on a mixed basis; i.e., by districts and at-large.

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Art. VII Nominations and Elections 49 pear in .the same order as in the district immediately preceding, except that the first name in that preceding district shall appear last. (Alternative I. Proportional Representation) C. Ballots for the election of the county council shall be set up according to the Hare system of proportional representation.12 A separate ballot and separate ballot boxes shall be used for the election of members of the council. The ballots shall be marked in accordance with the following instructions, which shall be printed at the top of each ballot under the heading "Directions to Voters": Mark your choices with numbers only. Do not use X marks. Put the number 1 in the square opposite the name of your first choice. Put the number 2 opposite your second choice, the number 3 opposite your third choice, and so on. You may mark as many choices as you please. Do not put the same number opposite more than one name. If you tear or deface or wrongly mark this ballot, return it and obtain another. (Alternative II. Majority Election) C. The ballots shall be marked in accordance with the follow ing instructions, which shall be printed at the top of each ballot under the heading "Directions to Voters": Do not vote for more than ____________________ [for councilman at large]. [Here insert the number of persons for whom a voter may vote.] [Do not vote for more than one for district councilman. The one you vote for must be a candidate for your residential dis trict.] To vote for a candidate place an X mark in the square opposite his name. If you tear, deface or wrongly mark this ballot, return it and obtain another. Section 7 .04. Challengers. A regularly nominated candidate for the county council shall 12 Provision for the setting up of ballots in a Hare system election is made in sec tion 156 of the National Municipal League's Model City Charter.

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50 Nominations and Elections Art. VII be entitled, upon written application to the election autho.rities at least five days before council elections, to appoint two persons to represent him as watchers and challengers at each polling place where voters may cast their ballots for him. A person so appointed shall have all the rights and privileges prescribed for watchers and challengers by or under the general election laws of the state of ______________ -------------The watchers and challengers may exercise their rights throughout the voting and until the ballots have been counted.13 Section 7 .05. Determination of Election Results. (Alternative I. Proportional Representation) Before each election of the county council the election authorities shall designate a central counting place where all the ballots shall be brought together and counted publicly under the supervision of a competent person appointed by the election authorities to act as director of the count. The count shall be conducted in accordance with rules of the election authorities consistent with the constitution and general election laws of the state of _____________ and consistent with this charter and the regulations of the council. The result of the election shall be determined by applying standard rules for the counting of ballots according to the Hare system of proportional representation.U (Alternative II. Majority Election) A. Every voter shall be entitled to vote for as many candidates for [member at large of] the county council as there are members [at large] to be elected to the council [, and to vote for one candi date for district councilman to represent the district in which the voter resides] B. [ (1)] A majority vote for a councilman [at large] is that number of votes which is a majority of the total number of valid 13 The words "and until the ballots have been counted" are not entirely applicable if proportional representation is used, because for obvious practical reasons only a limited number of watchers can be permitted with a central count. Therefore, if proportional representation is used, the wording should be changed to provide that a limited number of watchers can be used at the place of the central count. See Mode! City Charter, section 164. H Provisions for a central count of proportional representation ballots are commonly included in municipal charters providing for proportional representation. It would probably be best to include them in a county charter unless there is a set of rules in a state enabling act or elsewhere that may be legally incorporated in the charter by reference. Provisions for the counting of ballots in a Hare system election are set forth in sections 157 to 162, inclusive, and section 164 of the Mode! City Charter. These and approved alternative rules will be supplied by the League on request.

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Art. VII Nominations and Elections 51 ballots cast for the election of councilmen [at large]. Candidates for councilman [at large] receiving a majority vote shall be declared elected until the number declared elected equals the number of council offices to be filled [at large] at the election. If more candidates receive a majority vote than there are offices to be filled, those receiving the greatest numbers of votes shall be declared elected. If the number of candidates receiving a majority vote is a majority of the number of offices to be filled, the other candidates receiving the greatest numbers of votes shall be declared elected until the number declared elected equals the number of council offices to be filled. If the number of candidates receiving a majority vote is not a majority of the number of offices to be filled, no candidate receiving less than a majority vote shall be declared elected. [ (2) A majority vote for a district councilman is that number of votes which is a majority of the total number of valid ballots cast for the office of district councilman for the district concerned. Any candidate for district councilman who receives a majority vote shall be declared elected. If none of the candidates for district councilman for a particular district receive a majority vote, none of such candidates shall be declared elected.] C. If under the foregoing provisions of this section, one or more council offices remain unfilled after the election, a second election shall be held three weeks later to fill them. In the second election there shall be printed on the ballot: twice as many names [of candidates for councilman at large] as there are remaining council offices to be filled [at large, and the names of two candi dates for each office of district councilman remaining unfilled;] and the names [in each case] shall be those of the unelected candidates polling the greatest numbers of votes in the initial elec tion. In the second election, the remaining offices shall be filled by declaring elected the several candidates polling the greatest numbers of votes.15 All ties in either election shall be decided by lot in the presence of the candidates concerned and under the direction of the election authorities. 15 It is important to provide either for a nonpartisan primary or for a runoff whenever there Is danger that a multiplicity of candidates would result in election of a majority of the members of the county council by a minority vote. These provisions for a runoff only in case a majority of the candidates do not receive a majority of the votes In the first election tend to reduce the frequency of runoff elections, thus saving expense, and have the added possible merit of permitting one or more minority representatives, while guaranteeing majority rule.

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52 Nominations and Elections Art. VII Section 7.06. Ballots for Ordinances and Charier Amendments. Any ordinance or charter amendment to be voted on by the county in accordance with this charter shall be presented for voting by ballot title. The ballot title shall be prepared in all cases by the legal advisor to the county. The ballot title of a measure may differ from its legal title and shall be a clear, concise statement describing the substance of the measure without argument or prejudice. If the ballot used in voting upon a measure is a paper ballot, it shall have below the ballot title the following instruction: "Place a cross (X) in only one of the squares below." Below this instruction shall appear, in the order indicated, the following propositions: "FOR THE ORDINANCE" and "AGAINST THE ORDINANCE"; or, if the measure concerned is a charter amendment: "FOR THE AMENDMENT" and "AGAINST THE AMENDMENT." Immediately at the left of each of the two propositions thus set out, there shall be a square in which by making a cross (X) the voter may cast his vote upon the measure. Paper ballots used for voting on one or more measures shall be used for that purpose only. If voting machines are used, the ballot title of any measure shall have below it the same two propositions appropriate to its nature, one above the other or one preceding the other in the order indicated, and the voter shall have an opportunity to vote in favor of either of the two propositions and thereby to vote for or against the measure. B. Any number of measures may be voted on at the same election and may appear on the same ballot. If more than one measure appears on the same paper ballot or is voted on by paper ballot at the same election, each measure shall be presented for voting with ballot title, instruction, propositions and voting squares as prescribed for single measures. If voting machines are used, each measure shall be presented for voting as prescribed for single measures on voting machines. Where one or more charter amendments are presented together with one or more ordinances at the same election, the charter amendments shall precede the ordinances in the order of presentation. Section 7.07. Vacancies. (Alternative I. Proportional Representation) If a vacancy occurs in the county council, it shall be filled for the balance of the unexpired term on the basis of a public recount of the ballots credited to the vacating member at the time

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Art. VII Nominations and Elections 53 of his election. This recount shall be conducted under the supervision of the election authorities according to standard rules for recounts to fill vacancies in elections by the Hare system of pro portional representation.16 (Alternative II. Majority Election) If a vacancy occurs in the county council, the remaining members of the council within thirty days thereafter shall elect an eligible person by majority vote to fill the vacant office until the expiration of the period for which the vacating councilman was elected. [The person chosen to fill the office vacated by a district councilman must be a resident of the council district which the vacating councilman represented.]17 Section 7 .08. Availability of List of Qualified Voters. If, for any purpose relating to a general or county election or to candidates or issues involved in such an election, any organization, group or person requests a list of qualified voters of the county, then the county department, office or agency which has custody of that list either shall permit the organization, group or person to copy the voters' names and addresses from the list or shall furnish the organization, group or person a copy of the list. 16 Such rules with alternative provisions are set forth in section 165 of the National Municipal League's Mode! City Charte-r and a note attached thereto. These rules will be supplied by the League on request. 17 When council members are elected for simultaneous four-year terms it may be desirable to provide that vacancies occurring during the first two years of a term shall be filled at a special election or at some convenient election for other than county officers. When the four-year terms are overlapping, a vacancy occurring during the first two years of a term and at least sixty days (i.e., long enough to permit proper and timely nominations) before the next regular election of council members can be filled at such election. If such provision is made, it may still be desirable to permit the council to fill vacancies temporarily.

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Article VIII INITIATIVE AND REFERENDUM1 Section 8.01. Powers of Initiative and Referendum. Section 8.02. Petitioners' Committee. Section 8.03. Initiative and Referendum Petitions: Form and Sufficiency. Section 8.04. Referendum Petitions: Suspension of Ordinances after Filing. Section 8.05. Initiative and Referendum Petitions: Procedure after Filing. Section 8.06. Consideration by the County Council and Submis sion to the Voters. Section 8.07. Withdrawal of Petitions. Section 8.08. Results of Election. Section 8.09. Publication of Ordinances; Repeal and Amend ment; Conflicts. Section 8.01. Powers of Initiative and Referendum. A. (1) The voters of the county shall have power, except as provided in paragraph (2) of this subsection, to propose ordinances to the county council. If the council rejects an ordinance proposed hereunder or passes it with amendment, the voters shall have power to approve or reject the proposed ordinance at the polls. These powers comprise the initiative power. (2) The initiative power shall not extend to the proposing of: any part or all of the annual budget or capital program; or any ordinance making or repealing any appropriation of money, fixing the salaries of county officers or employees, or authorizing or repealing the levy of taxes. (3) Voters seeking to propose an ordinance subject to initiaI Charter commissions may find it desirable to add to Article VIII provisions for the recall of elected officers, especially if council members are to be elected for four year terms by some method other than proportional representation. 54

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Art. VIII Initiative and Referendum 55 tive shall proceed by way of initiative petition addressed to the council and containing the full text of the proposed ordinance. Any initiative petition must be filed with the clerk of the county council and must be signed by qualified voters of the county equal in number to at least 10 per cent of the total number of persons who voted in the county for the office of governor in the last gubernatorial election. B. (1) The voters of the county shall have power, except as provided in paragraph (2) of this subsection, to require reconsideration by the council of any adopted ordinance, including any ordinance initiated under subsection A of this section and adopted by the council. If the council fails to repeal an ordinance which it has been required to reconsider, the voters shall have power to approve or reject that ordinance at the polls. These powers comprise the referendum power. (2) The referendum power shall not extend to any part or all of the capital program or annual budget or the property tax2 levied therein; or to any ordinance making or repealing any appropriation of money; or to any emergency ordinance; or to any repealing ordinance adopted by the council in compliance with a referendum petition. (3) Voters seeking a referendum on any ordinance shall proceed by way of a referendum petition addressed to the council, identifying the ordinance concerned and requesting that it be either repealed or referred to the voters of the county. Any referendum petition must be filed with the clerk of the county council within thirty days after adoption by the council of the ordinance concerned and must be signed by qualified voters of the county equal in number to at least 10 per cent of the total number of persons who voted in the county for the office of governor in the last gubernatorial election. Section 8.02. Petitioners' CommiUee. For each initiative or referendum petition there shall be a petitioners' committee representing all the petitioners and composed of five members who shall be qualified voters of the county and signers of the petition concerned. The petitioners' committee shall 2 Allowing a referendum upon the county property tax would interfere greatly with normal county government and pose other difficulties. This charter, however, does not exclude the possibility of a referendum upon other taxes which the county may be allowed to levy, such as a sales tax.

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56 Initiative and Referendum Art. VIII be responsible for circulation of the petition and for its assembly and filing in proper form. The committee may also amend or withdraw its petition as provided in this charter. Section 8.03. Initiative and Referendum Petitions: Form and Sufficiency. Initiative and referendum petitions shall be governed by the rules regarding form and sufficiency set out in this section, as well as by such other rules regarding form and sufficiency as the county council may impose by ordinance consistent with the provisions and with the spirit and purpose of this charter.3 (1) The signatures to a petition shall be executed in ink or indelible pencil and need not all be affixed to one paper, but all papers of a petition shall be of uniform size and style and shall be assembled as one instrument for filing with the clerk of the county council. Petitions or petition papers which reasonably comply with these requirements shall be accepted by the clerk without delay upon presentation and their filing shall be completed by his ac ceptance. Non-complying petitions or papers may be rejected by the clerk until they are brought into reasonable compliance. (2) The clerk shall not accept any petition until it indicates: (a) By name and address, the five petitioners who constitute the petitioners' committee for that petition and (b) The address to which all notices for the petitioners' committee are to be sent. (3) Any petition shall be certified or determined insufficient which: (a) Is validly signed by less than the required number of qualified voters of the county, or (b) Proposes, or requests repeal of, an ordinance not subject to the power under which the petitioners are proceeding, or, (c) If a referendum petition, is not filed within the time allowed. 3 Section 8.03 leaves scope for council ordinances based on experience under this article. Some scope, such as It provides, Is also necessary for handling, for example, the problem of errors In petitions or in the ordinances concerned. These errors may include the obvious typographical ones correctible by clerk or council without violence to the inflexible rule that the ordinance put to county vote must be, as nearly as possible, identical with that approved by the signers of the petition. Errors may range through many degrees difficult for a draftsman to anticipate. An example would be failure in an ordinance to cite properly another ordinance intended to be repealed.

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Art. VIII Initiative and Referendum 57 (4) No signature on a petition paper shall be counted in support of the petition involved if that paper: (a) Being part of an initiative petition, has not contained or had attached to it throughout its circulation the full text of the proposed measure, or (b) Being part of a referendum petition, has not contained throughout its circulation a clear, concise designation and description of the measure concerned. (5) No signature on a petition paper shall be counted in support of the petition involved if that paper, at the time of filing, does not have attached to it an affidavit, executed by the circulator of that paper, to the effect: (a) That he personally circulated the paper; (b) That the paper bears a stated number of signatures; -(c) That each signature on the paper was affixed in his pres-ence; (d) That he believes each signature to be the genuine signature of the person whose name it purports to be; (e) If an initiative petition is concerned, that the full text of the proposed measure was attached to or contained in the accompanying paper throughout its circulation, and that each signer of the accompanying paper had an opportunity before signing to read the full text; and (f) If a referendum petition is concerned, that each signer of the accompanying paper had an opportunity before signing to read the designation and description of the measure in ques tion. If a petition paper contains more signatures than the number sworn to by the circulator, as many of the last signatures on the paper as are in excess of the number sworn to shall not be counted in support of the petition involved. If a petition paper contains fewer signatures than the number sworn to by the circulator, all the signatures shall be counted unless invalid on other grounds. Section 8.04. Referendum Petitions: Suspension of Ordinances after Filing. When, within the time allowed, a referendum petition is filed with the clerk of the county council, the ordinance to which that petition is directed shall immediately be and shall remain sus-

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58 Initiative and Referendum Art. VIII pended from taking effect. This suspension shall terminate when, in accordance with this article: (1) A final determination is made that the petition concerned is insufficient, or (2) The petitioners committee withdraws the petition, or (3) The council reconsiders the ordinance and repeals it without modification, or ( 4) Thirty days4 have elapsed after a vote of the county on the ordinance. Section 8.05. Initiative and Referendum Pe:liiions: Procedure after Filing. A. Within twenty days after the filing of an initiative or referendum petition, the clerk of the county council shall complete a certificate as to whether the petition is sufficient. If the clerk certifies a petition insufficient, his certificate shall show the particulars wherein the petition is defective. As soon as he has completed his certificate, the clerk shall notify the committee of petitioners of the contents of the certificate. If a petition is certified sufficient, the clerk shall present his certificate to the county council at its next meeting and that certificate shall be a final determination as to the sufficiency of the petition. If a petition is certified insufficient under section 8.03(3)(a), a majority of the committee of petitioners may elect to amend the petition; but if a majority does not so elect to amend the petition, the clerk shall present his certificate to the council at its next meeting and that certificate, unless review is requested as provided in subsection C of this section, shall be a final determination as to the sufficiency of the petition. B. If a majority of the committee of petitioners elects to amend the petition, then within ten days after notice of the contents of the clerk's certificate, the committee may file, for purposes of amendment, a supplementary petition upon additional papers. The supplementary petition shall be governed by the same requirements as an original petition with respect to such matters as uniformity and assembly of papers, listing of the petitioners' committee, text or designation and description of measures, circulators' affidavits, the writing and counting but not the number of 4 This is an arbitrary period of time and should be varied in accordance with the local situation so as to leave enough time for the counting of votes and declaration of election results. "Thirty days coincides with the taking effect provisions of section 2.08C. U there is a definite provision for the official reporting of election results, the lifting of the suspension should probably coincide with that reporting.

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Art. VIII Initiative and Referendum 59 signatures. Within five days after the filing of a supplementary petition, the clerk shall complete a second certificate as to whether the original petition, as amended by the supplementary petition, is sufficient. If the clerk certifies the amended petition insufficient, his second certificate shall show the particulars wherein the petition is still defective. As soon as he has completed his second cer tificate, the clerk shall notify the petitioners' committee of the contents of his second certificate. If an amended petition is certified insufficient and there is no request for the review provided in subsection C of this section, or if an amended petition is certified suffi cent, the clerk shall present his second certificate to the council at its next meeting and that certificate shall be a final determination as to the sufficiency of the petition. C. If a petition has been certified insufficient and there is no election to amend it, or if an amended petition is certified insuffi cient, the clerk shall present his latest certificate on the petition to the council at its next meeting, but, at or before that meeting, a majority of the committee of the petitioners may request the council to review the clerk's certificate. If this request is made, the council shall review the clerk's latest certificate and may approve it or, if necessary to achieve compliance with this charter, may substitute by resolution its own determination as to the suffi ciency of the petition; but in either case the determination of the council shall be final as to the sufficiency of the petition. D. If, in any one of the ways provided in this section, a final determination has been made that a petition is insufficient, that determination shall be subject to court review, but no further action shall be taken on the petition unless the reviewing court directs otherwise. Such a final determination, even if sustained upon review, shall not prejudice the filing of a new petition for the same purposes. Section 8.06. Consideration by :the County Council and Submission :to :the Voters. A. When the county council has been presented with, or has, an initiative or referendum petition which has been finally determined sufficient in accordance with the preceding sections of this article, it shall proceed at once to consider that petition. If an initiative petition is concerned, the ordinance it proposes shall at once be introduced and shall undergo all other procedures required for ordinances of the same kind; however, not later than 60

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60 Initiative and Referendum Art. VIII days after the date on which the petition proposing the ordinance is finally determined to be sufficient, the council shall complete its consideration of the proposed ordinance and shall adopt it with or without amendment or reject it. If a referendum petition is con cerned, the ordinance to which that petition is directed shall be reconsidered by the council and, not later than 30 days after the date on which the referendum petition was finally determined sufficient, the council shall by resolution repeal or sustain the ordinance. Final council action on ordinances to which a referendum petition is directed shall be by vote on a resolution in the following form:"______________ County hereby resolves that------------------[here identify clearly the ordinance specified in the referendum petition] is repealed." B. If the council fails to adopt, or adopts with amendment, a proposed initiative ordinance, or if the council fails to repeal an ordinance reconsidered pursuant to a referendum petition, it shall submit the originally proposed initiative ordinance or refer the reconsidered ordinance concerned to the voters of the county. The form of ballot for submission or referral of such measures shall be governed by section 7.06. The vote on any such measure shall be held not sooner than thirty days and not later than one year from the date of the final council vote thereon. If no regular election is to be held within that period, the council shall provide for a special election on the ordinance; otherwise, the holding of a special election on the ordinance shall be in the discretion of the council. Section 8.07. Withdrawal of Petiiions.5 A. A petitioners' committee may withdraw its petition: (1) At any time after the county council: (a) if an initiative petition is involved, has finally rejected or has adopted with amendment the ordinance proposed, or (b) if a referendum petition is involved, has finally refused to repeal the ordinance to which the petition is directed; (2) But not later than the fifteenth day immediately preced-5 As an alternative to the committee's power of withdrawal. constitutionality of which may be questioned in some states, the final submission to the voters of the county may be made dependent on the filing of an additional petition, since a change made by the council may actually be acceptable to the original petitioners as an improvement. If this suggestion Is taken. the number of signatures required for bringing the proposal before the council should probably be reduced to 5 per cent and an additional 5 per cent petition required for submission of the original proposal.

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Art. VIII Initiative and Referendum 61 ing the day scheduled for a vote in the county on the measure concerned. B. No petition shall be withdrawn except by written request for its withdrawal filed with the council within the time limits prescribed for withdrawal and signed by at least four of the five members of the petitioners' committee for that petition. The filing of such a request immediately withdraws the petition and there shall be no further action on or under that petition and no county vote or further action pursuant to that petition on the measure concerned. Section 8.08. Results of Election. If a majority of the voters of the county voting upon a proposed initiative ordinance shall vote in favor of it, the ordinance involved shall thereupon be an ordinance of the county. A referred ordinance not approved by a majority of the voters voting on it shall thereupon be repealed. Section 8.09. Publication of Ordinances; Repeal and Amendment; Conflicts. A. Ordinances adopted under this article by the county council or by the voters of the county shall be published and shall take effect as prescribed for ordinances generally. B. Any ordinance so adopted and any ordinance approved by the voters of the county under this article may be amended or repealed by the council as are other ordinances of like nature. C. If two or more clearly conflicting ordinances are adopted or approved at the same county election, then, as soon as practicable thereafter, the council shall enact such amendments or repeals or both as may be necessary to remove the conflicts between these ordinances. In making these amendments or repeals or both, the council shall prefer, and wherever reasonably possible preserve intact, the provisions of that ordinance which, among those in conflict, was adopted or approved by the greatest number of af firmative votes.

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Article IX GENERAL PROVISIONS Section 9.01. Bonding of Officers. Section 9.02. Personal Financial In:teres:t. Section 9.03. Righ:t :to AUend Coun:ty Council Mee:tings. Section 9.04. Prohibitions. Sec:tion 9.05. Amendmen:t of the Char:ter. Section 9.06. Separability. Section 9.01. Bonding of Officers. The director of finance and such other county officers or employees as the county council may provide shall give bond in the amount and with the surety prescribed by the council. The premiums on such bonds shall be paid by the county. Section 9.02. Personal Financial In:teres:t. Any county officer or employee who has a substantial financial interest, direct or indirect or by reason of ownership of stock in any corporation, in any contract with the county or in the sale of any land, material, supplies or services to the county or to a contractor supplying the county, shall make known that interest and shall refrain from voting upon or otherwise participating in the making of such a contract or sale. Any county officer or employee who willfully conceals such a substantial financial interest or willfully violates the requirements of this section shall be guilty of malfeasance in office or position and shall forfeit his office or posi tion. Violation of this section with the knowledge express or implied of the person or corporation contracting with or making a sale to the county shall render the contract voidable by the county manager or the county council. Section 9.03. Right to AUend Coun:ty Council Meetings. All county administrative officers, and such other county officers or employees as may be designated by vote of the county council, shall be entitled to seats in the council, but may not vote 62

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Art. IX General Provisions 63 therein. The manager shall have the right to take part in the dis cussion of all matters coming before the council; and the other county administrative officers shall have the right to take part in all council discussions relating to their respective departments, offices or agencies. Sec:tion 9.04. Prohibitions. A. (1) No person shall be appointed to or removed from, or in any way favored or discriminated against with respect to, any county position or appointive county administrative office because of his race or his political or religious opinions or affilia tions. (2) No person shall willfully or corruptly make any false statement, certificate, mark, rating or report in regard to any test, certification or appointment under the personnel provisions of this charter or in any manner commit or attempt to commit any fraud preventing the impartial execution of the personnel provi sions or of the rules and regulations made thereunder. (3) No person who seeks appointment or promotion with respect to any county position or appointive county administrative office shall directly or indirectly give, render or pay any money, service or other valuable thing to any person for or in connection with his test, appointment, proposed appointment, promotion or proposed promotion. (4) No person shall orally, by letter or otherwise solicit or be in any manner concerned in soliciting any assessment, subscription or contribution for any political party or political purpose whatever from any person holding any county position or appointive county administrative office. (5) No person who holds any county position or appointive county administrative office shall make, solicit or receive any contribution to the campaign funds of any political party or any candidate for public office or take any part in the management, affairs or political campaign of any political party, but he may exercise his rights as a citizen to express his opinions and to cast his vote. B. Any person who by himself or with others willfully or corruptly violates any of the provisions of section 9.04A (1)-(4) above shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than ________________ dollars ($ __ ) or by imprisonment for not more than -------------------------------or both. Any person who by himself or with others willfully or corruptly

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64 General Provisions Art. IX violates any of the provisions of section 9.04A(5) above shall be guilty of an offense and upon conviction thereof shall be punish-able by a fine of not more than ____________________ dollars ($----------------> Any person convicted under this section shall be ineligible, for a period of five years thereafter, to hold any county office or position and, if an officer or employee of the county, shall immediately forfeit the office or position he holds. Section 9.05. Amendment of :the Char:ter1 A. In the manner provided by law for the framing, proposal and submission of new charters, a charter commission may frame and propose amendments to this charter and may submit any such amendment to the voters of the county. B. The county council may frame and by ordinance propose amendments to this charter. Except as otherwise provided in this subsection, every ordinance proposing a charter amendment shall be introduced in the form and manner, and governed by the procedure and requirements, prescribed for ordinances generally. Every such ordinance shall contain after the enacting clause the following, and no other, matter: (1) a statement that the charter amendment set out in the ordinance is proposed for submission to the voters of the county in accordance with the requirements of this charter, and (2) the full text of the proposed charter amendment. Such an ordinance shall become effective upon adop tion; and its effect shall be to require that the clerk of the county council immediately deliver a certified copy of the ordinance to the county election authorities and that the election authorities submit the proposed charter amendment therein contained to the voters of the county as provided in section 9.05D. C. Voters of the county may frame and propose amendments to this charter. They may propose any such amendment by a petition addressed to the county council and containing the full text of the proposed amendment. Any petition proposing a charter amendment must be filed with the clerk of the county council and must be signed by qualified voters of the county equal in number to at least 15 per cent of the persons who voted in the 1 In order to avoid repetition. many provisions of Article VIII (Initiative and Referendum) are incorporated by reference in section 9.05B. If the Initiative and Referendum Article is not adopted, such materials therein as apply to charter amendment may be transferred with appropriate adaptations to complete the charter amendment provisions. In this situation, it may be desirable to create a new Article devoted to the subject of charter amendment.

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Art. IX General Provisions 65 coWlty for the office of governor in the last gubernatorial elec tion. Except as otherwise provided in this subsection, the procedure and requirements, not including any limitation as to subject, which are set out in Article VIII for initiative petitions shall govern any petition for charter amendment until a final determination is made as to the sufficiency of the petition concerned. When such a petition has been finally determined sufficient, the clerk shall immediately deliver it to the county election authorities for submission to the voters of the county in accordance with section 9.05D. A petitioners' committee may withdraw its charter amendment petition at any time after delivery of that petition to the election authorities but not later than the fifteenth day immediately preceding the day scheduled for the county vote on the amendment. Except as to the time limits thus indicated, section 8.07B shall govern withdrawals. D. The county election authorities shall submit to the voters of the county any charter amendment proposed and delivered to them in accordance with the provisions of this section. They shall submit any such amendment to the voters at the next regular county election if one occurs not less than sixty and not more than one hundred twenty days following the delivery to such authorities of the ordinance or petition proposing the amendment. If no regular county election occurs within the period indicated, the election authorities shall submit the amendment to the voters at a special election held within such period and on at least thirty days' notice. Not less than three weeks before any election at which a proposed charter amendment is to be voted on, the election authorities shall mail a copy of the amendment to each qualified voter of the county whose name appears on the registration books of the last regular county or general election. The form of the ballot for submission of proposed charter amendments shall be governed by section 7.06. If a majority of the voters of the county voting upon a proposed charter amendment votes in favor of it, the amendment shall become effective at the time fixed in the amendment or, if no time is therein fixed, thirty days after its adoption by the voters of the county. Any charter amendment shall be published promptly after its adoption in the manner provided in this charter for adopted ordinances. Section 9.06. Separability. If any provision of this charter is held invalid, the other provi-

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Article X TRANSITIONAL PROVISIONS Section 10.01. Effect of the Charier. Section 10.02. Existing Law. Section 10.03. Schedule. Section 10.01. Effect of the Charier. A. Nothing in this charter, except as otherwise specifically provided, shall affect or impair the rights or privileges of persons who are county officers or employees at the time of its adoption. B. (1) Except as specifically provided by this charter, if a county administrative officer or county employee holds, at the time the charter takes full effect, any county office or position which is or can be abolished by or under this charter, he shall continue in his office or position until the taking effect of some specific provision under this charter directing that he vacate the office or position.1 (2) If an employee holds a county position at the time this charter takes full effect and was serving in that same or a comparable county position at the time of adoption of the charter, he shall not be subject to competitive tests as a condition of continuance in the same position, but in all other respects shall be subject to the personnel system provided for in section 4.06. (3) If an employee holds a county position at the time this charter takes full effect but was not serving in that same or a comparable county position at the time of the adoption of the charter, he shall be regarded as holding his position by provisional appointment under section 4.06C(8).2 (4) If a county department, office or agency is abolished by this charter, the powers and duties given by the laws of the state of _ _____ _ _________________ to that department, office or agency shall be 1 It is essential in the light of these provisions that section 10.02 be specific about what offices and positions are abolished and the dates as of which they are abolished. 2 Reconsideration of the provisions of section lO.OlB (2)-(3) is indicated In the event that, at the time of adoption of this charter, a county should have an already existing merit system. In such case, county employees holding over their jobs from the pre-charter government may have acquired various rights based upon orderly procedures. and they should not be required to undergo the tests contemplated under these provisions. In these circumstances, the charter commission should determine whether to remove these provisions or to revise them, as the case may be. 67

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68 Transitional Provisions Art. X transferred to, and exercised or discharged by, the county department, office or agency designated in this charter or, if the charter makes no provision, designated by the county council. (5) All property, records and equipment of any department, office or agency existing when this charter is adopted shall be transferred to the department, office or agency assuming its powers and duties; but in the event that the powers or duties are to be discontinued or divided between units or in the event that any conflict arises regarding a transfer, such property, records or equipment shall be transferred to one or more departments, of fices or agencies designated by the council in accordance with this charter. (6) All rights, claims, actions, orders, contracts and legal or administrative proceedings shall continue except as modified pursuant to the provisions of this charter, and in each case shall be maintained, carried on or dealt with by the county department, office or agency appropriate under this charter. Section 10.02. Existing Law.8 A. As far as the constitution of the state of ------------------------------------permits, this charter shall occupy the entire field of county selfgovernment for------------------------------------County, and all laws relating to or affecting this county or its agencies, officials or employees, and all county ordinances, resolutions, orders and regulations which are in force when this charter becomes fully effective are repealed to the extent that they are inconsistent with or interfere with the effective operation of this charter or of ordinances or resolutions adopted by the county council under the provisions of this charter. s The traditional form for a repealer clause usually restates an already existing rule, but the one In section 10.02A above has been somewhat strengthened. It is to be stressed that all such clauses must be checked against and adapted to local law. The problems of implied repeal which the general clause (section 10.02A) raises can be materially reduced by a listing of specific repeals whenever reasonably possible. Thus, although great care must be exercised to provide for the effect of each specific repeal on existing rights and pending matters, specific repeals are strongly recommended. It Is recognized, however, that the chaotic condition of enacted laws in many counties calls urgently for revision and compilation In the first instance and will make exhaustive listing of specific repeals practically Impossible. In such cases, the guid Ing principle should be the listing of as many as time, facilities and reasonably conscientious effort permit. Even a non-exhaustive list removes many uncertainties. Moreover, the research involved will help charter commissions in solving many other charter problems. How the repeal clauses are worded-see, e.g., "inapplicable" used In section 10.02B (1) and "repealed" In section 10.02B (2)-may. depend on what is to be repealed and upon the provisions of the constitution or laws dealing with county home rule 1111o:l their reliitlon to prior state laws governing counties.

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Art. X Transitional Provisions 69 B. Without limitation of the generality of operation of subsec tion A of this section and without limitation of the number or nature of the laws, ordinances, resolutions or regulations to which subsection A applies: (1) The following laws and parts of laws affecting generally counties, or county departments, offices, agencies or positions are inapplicable to -------------------County, state of ____________________ or its departments, offices, agencies or positions: [enumeration] (2) The following public local laws relating to -----------------------County, state of ----------------------------------------------------------------are repealed: [enumeration] (3) The following ordinances, resolutions, orders and regula tions of ------------------------------------------------------------[former county govern ing body] are repealed: [enumeration] Section 10.03. Schedule.t A. (1) As of the time of its adoption, this charter shall be in ef fect to the extent necessary in order that the first election of members of the county council may be conducted in accordance with article VII and with any other charter provision bearing on that ar-ticle. The first election shall be held on the ____________ day of .------------There being as yet no council, the ----------------------------[county officials to be designated] shall prepare and adopt temporary regulations applicable only to this first election and designed to insure its proper conduct in accordance with the sense of this charter and to prevent fraud and to provide for recount of ballots in cases of doubt or fraud. (2) [After the adoption of this charter, the districting commis sion shall establish council districts for the first election. It shall file with the county clerk an initial report containing a recommended plan for division of the county into . .. council dis tricts, adjusting the boundaries in accordance with the specifica-4 This section indicates a bare minimum of the schedule provisions that will be needed. The diversity of local situations makes it impracticable to set forth any further provisions of this kind here. However, charter commissions should add provisions tailored to fit their own counties for such matters as: (1) the preparation of the budget for the first year; (2) the discharge of the powers and duties listed under sec tion 3.02 until a manager is appointed; and (3) administration of the functions listed under section 3.03 until further provision for their administration is made by the council or the newly appointed manager.

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70 Transitional Pro'IJisions Art. X tions in section 7.015B. The procedures and other provisions of section 7.015 shall be followed; but the county clerk shall perform the duties assigned to the clerk of the county council and the com mission shall file its final report on or before the --------------------day of -------------------------------If the commission fails to file its final report on or before the final date here specified, all councilmen to be elected at the first election held under this charter shall be elected, and shall serve, as councilmen at large. After such an election at large, the commission shall reconvene and adjust the district boundaries as provided in section 7.015.]5 (3) The charter shall be in full effect for all purposes on and after the date and time of the first meeting of the newly elected council as provided in subsection B of this section. B. (1) On the first Monday in __________________ following the first election of council members under this charter, the newly elected members of the council shall meet at ________ [time] at __________________ ------------------------------------___________________ [place]: (a) For the purpose of appointing, if practicable, or of considering the appointment of a county manager or acting county manager; and (b) For the purpose of adopting the ordinances and resolu tions necessary to effect the transition to government under this charter and to maintain effective county government during that transition. (2) In adopting ordinances as provided in paragraph (1) above, the council shall follow the procedures prescribed in this charter. However, to deal with cases in which there is urgent need for prompt action in connection with the transition to government under this charter and in which, at the same time, the delays incident to the appropriate ordinance procedure would probably cause serious hardship or impairment of effective county government, the council may, at its first meeting or at any meeting held within sixty days thereafter, adopt temporary ordinances. Every temporary ordinance shall be plainly designated as such, but shall be introduced in the form and manner prescribed for ordinances generally. A temporary ordinance may be considered and may be adopted with or without amendment or rejected at the meeting at which it is introduced. After adoption of a temporary ordinance, 5 Italicized material in brackets is applicable only when the council is to be elected on a mixed basis; i.e.. by districts and at large.

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Art. X Transitional Provisions 71 the council shall cause it to be printed and published as prescribed for other adopted ordinances. A temporary ordinance shall become effective upon adoption or at such later time, preceding automatic repeal under this subsection, as it may specify; and the referendum power shall not extend to any such ordinance. Every temporary ordinance, including any amendments made therein after its adop tion, shall automatically stand repealed as of the ninety-first day following the date on which it was adopted; and it shall not be readopted, renewed or otherwise continued except as a non-temporary ordinance and after subjection to all requirements and procedures prescribed in this charter for ordinances of the kind concerned.6 (3) Pursuant to section 2.04A of this charter, the council shall, at its first meeting, elect one of its members to be chairman and one to be vice chairman; and the council, notwithstanding the provisions of section 2.04B, may choose one of its members temporarily to be acting clerk of the county council and he shall perform the duties of the clerk until such time as a proper person is designated or elected to the office of clerk of the county council. (4) The initial expenses of the council, including the expense of advertising for applicants for the position of county manager and of interviewing and investigating such applicants in the county or elsewhere, shall be paid by the county on vouchers signed by the chairman of the council. (5) Members of the council shall receive an annual salary in the amount of $----___ until such amount is changed by the council in accordance with the provisions of this charter. 6 This expedient is to make possible quick action during changeover. Early expiration of temporary ordinances assures full and fair consideration later.

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Tools for Achieving Better Government Citizen groups and public officials often turn to the National Municipal League for help In achieving better government In their localities. Listed below are some of the tools available to them: Campaign Pamphlets Story of the Council-Manager Plan, 36 pages (1956) ........ $ .20 Charts: Council-manager Form, Commission Form, Mayorcouncil Form Una X 50 cents each, set of three .... 1.00 County Manager Plan, 24 pages (1950) . .. .. .. .. .. .. .. .. . .. .. .20 Forms of Municipal Government-How Have They Worked? 20 pages (1955) . . . . . . . . . . . . . . . . . . . .25 Facts About the Council-Manager Plan, 8 pages (1956) . . . .05 City Employees and the Manager Plan, 4 pages (1955) . . . . . .05 Labor Unions and the Council-Manager Plan, 8 pages (1955) . . .05 P. R., 12 pages (1955) .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .05 The Citizen Associatlcn-How to Organize and Run It, 64 pages (1953) . . . . . . . . . . . . . . . . . . . . . . . . . .75 The Citizen Association-How to Win Civic Campaigns, 64 pages (1953) .. .. .. .. .. .. .. . . .. .. .. . . .. . . . .. . . . .. .75 (The two pamphlets above may be purchased together for $1.20) Model Laws Model Accrual Budget Law, 40 pages (1946) . . . . . . . . . . .75 Model Cash Basis Budget Law, 42 pages (1948) . . . . . . . . .75 Model City Charter, 173 pages (1941) .......................... 1.50 Model County Charter (1956) .................................... 1.50 Model County and Municipal Bond Law, 54 pages (1953) ...... 1.00 Model Direct Primary Election System, 48 pages (1951) ....... 1.00 Model Investment of State Funds Law, 23 pages (1954) ........ 1.00 Model Real Property Tax Collection Law, 40 pages (1954) ...... 1.00 Model State and Regional Planning Law (1955) ............ 1.00 Model State ClvU Service Law, 32 pages (1953) . .. .. . .. . . .75 Model State Constitution, 72 pages (1948) ...................... 1.00 Model State Medico-legal Investigative System, 39 pages (1954) .50 Model Voter Registration System, 56 pages (1954) ............. 1.00 Other Pamphlets and Books American County-Patchwork of Boards, 24 pages (1946) . . . . .35 Best Practice Under the Manager Plan, 8 pages (1956) . . . . .15 Civic Victories, by Richard S. Childs, 367 pages (1952) ........ 3.50 Coroners in 1953-A Symposium of Legal Bases and Actual Practices, 90 pages, mimeographed (1955) ................... 2.00 Digest of County Manager Charters and Laws, 70 pages (1955) .. 2.00 Guide for Charter Commissions, 44 pages (1956) .............. .'. .75 Manager Plan Abandonment&, by Arthur W. Bromage, 36 pages (1954) . . . . . . . . . . . . . . . . . . . . . . . . . . . .50 New Look at Home Rule. Symposium of editorials and articles reprinted from National Municipal Revtew. 32 pages (1955).. .50 Proportional Representation-Illustrative Election, 8 pages (1951) .10 Proportional Representation-Key to Democracy, by George H. Hallett, Jr., 177 pages (1940) .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .25 Discounts on Quantity Orders Write for Complete List and Description. National Municipal League Cul H. Pforahelmer BuUciJng 47 East 68 Street New York 21, N. Y.

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NATIONAL MUNICIPAL LEAGUE 47 EAST liTH ST. NEW YORK 21, N. Y. FORMER PRESIDENTS James C. Carter Charles J. Bonaparte William Dudley Foulke Lawson Purdy Charles Evans Hughes Henry M. Waite Frank L. Polk Richard S. Childs Murray Seasongood Harold W. Dodds C. A. Dykstra John G. Winant Charles Edison Henry OFFICERS AND STAFF George H. Gallup, PTesident John S. Linen, Vtce Preriden.t William Collins, Vice Prerident Carl H. Pforzheimer, Treasurer Richard S. Childs, Chairmaft, Executive Committee Alfred Willoughby, Executive Director John E. Bebout, Asstriant Director Allen H. Seed, Jr., Asstriant Director REGIONAL VICE PRESIDENTS Jac Chambliss, Chattanooga, Tenn. Ben B. Ehrllchman, Seattle John B. Gage, Kansas City, Mo. Carl J. Gilbert, Boston Barry Goldwater, Phoenix Lloyd Hale, Minneapolis A. E. Johnson, Denver Mark S. Matthews, Greenwich, Conn. Cecil Morgan, New York Ed. P. Phillips, Richmond, Va. Thomas R. Reid, Dearborn., Mich. Charles P. Taft, Cincinnati Alex R. Thomas. San Antonio Carleton B. Tibbetts, Los Angl!les James E. Webb, Oklahoma City James C. Worthy, Chicago COURCIL Cecil Morgan, Chairman Arthur W. Bromage, Ann Arbor E. Bartlett Brooks, Dayton Henry New York William H. Bulkeley, Hartford W. Howard Chase, Hohokus, N. J. C. E. Commander, Jr., Jacksonville L. P. Cookingham, Kansas City, Mo. Harold W. Dodds, Princeton, N. J. Charles Edison, West Orange, N. J. Herbert Emmerich, Chicago Bayard H. Faulkner, Montclair, N. J. Arnold Frye, New York Thomas Graham, Louisville Francis A. Harrington, Worcester Harry T. Ice, Indianapolis Mrs. Siegel W. Judd, Grand Rapids Myron C. Law, Seattle Bruce H. MacLeod, Springfield, Mass. L. E. Marlowe, Richmond. Va. Roscoe C. Martin,. Syracuse, N. Y. Frank C. Moore, Kenmore, N. Y. Vernon C. Myers, New York Otto L. Nelson. Jr .. Princeton, N. J. Mrs. Maurice H. Noun. Des Moines James M. Osborn. New Haven, Conn. H. Bruce Palmer, Newark Kenneth Perry, New Brunswick, N. J. Lawson Purdy, New York Robert H. Rawson, Cleveland Arthur B. Richardson, New York Philip K. Robinson. Milwaukee Murray Seasongood, Cincinnati Lee M. Sharrar. Houston James A. Singer, St. Louis George S. Van Schalck, New York R. A. Trippeer. Memphis HONORARY VICE PRESIDENTS Harold S. Buttenhelrn, New York Russell Forbes, San Francisco Robert C. Hendrickson, Woodbury, N.J. H. Morse. New York W. B. Munro. Pasadena, Calif. William J. Pape, Waterbury, Conn. Henry L. Shattuck, Boston ..