B-023: The Local Government Act, 1677

[Alejandro Campos]

THE LOCAL GOVERNMENT ACT, 1677
An Act to Provide for the Government of Localities within the Republic, among other purposes.

BE IT ENACTED by the duly elected Parliament of the Republic of Alduria assembled, -

Article 1. Citation.

1. This Act shall be officially cited as the Local Government Act, 1677.
   
2. This Act shall apply to the entirety of the Republic of Alduria.
   

Article 2. Territorial Entities of the Aldurian Republic

1. There shall be three categories of territorial entities in the Republic of Alduria immediately under the national level: States, Overseas Territories, and Autonomus Regions.
   
2. The States of the Aldurian Republic are the Aldurian Capital District, Asuara, Biscarrosse, Compostela, Mondego, Murcia, Napoléon, Saint Ignace, and Valoria. 
   
3. The Alexandrian Patrimony is recognized as a special community of overseas territories composed of the Overseas Territories of Valenciana and Valladares. The Alexandrian Patrimony shall have a common Territorial Government, to be  ratified by the residents of Valenciana and Valladares.
   

Article 3. Government of the Aldurian Capital District.

1. The Executive Power of the Government of the Aldurian Capital District is vested in the Governor, who must be 25 years of age, able to read and write, a resident of the Capital District for the past 2 years prior to election day, and is elected for a 6-year term by all registered voters of the Aldurian Capital District.
   
2. The Legislative Power of the Government of the Aldurian Capital District is vested in the Capital District Assembly, composed of 30 members, who must be at least 18 years of age, able to read and write, a resident of the Capital District for the past 2 years prior to election day; of which 10 shall be elected at large by all registered voters of the Aldurian Capital District. One member shall be elected by all registered voters of the Aldurian Capital District who are female youth aged 18 to 30 years of age, one member shall be elected by all registered voters of the Aldurian Capital District who are male youth aged 18 to 30 years of age, one member shall be elected by all registered voters of the Aldurian Capital District who are female senior citizens aged 60 years and above, one member shall be elected by all registered voters of the Aldurian Capital District who are male senior citizens aged 60 years and above, one member shall be elected by all registered voters of the Aldurian Capital District who are military veterans. The remaining 15 members shall be elected at large by a party-list system, with the top party-list receiving 3 seats, the second highest receiving two seats, and the next ten highest partylists receiving the most number of votes shall receive one seat each. The Capital District Assembly members serve for a 3-year term. 
   
3. The terms of office of the newly-elected Governor and the Capital District Assembly members begin at noon of Novaber 13 of the year immediately following the election, and end at the same time, according to the provisions of this law. 
   
4. The Capital District Assembly shall elect a Speaker, Deputy Speakers, and a Clerk from among themselves, to preside over sessions and to serve at the pleasure of the members. The Capital District Assembly shall promulgate its own rules, punish its members for disorderly behavior, and, with the concurrence of two-thirds of all its members, suspend or expel a member. A penalty of suspension, when imposed, shall not exceed sixty days. The Capital District Assembly shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts as may, in its judgment, affect national security; and the yeas and nays on any question shall, at the request of one-fifth of the Members present, be entered in the Journal. 
   
5. Legislation governing the Aldurian Capital District shall be in the form of an Act of the Capital District Assembly, approved by both the Capital District Assembly, and signed by the Governor.
   
6. Every bill passed by the Capital District Assembly shall, before it becomes a law, be presented to the Governor. If he approves the same he shall sign it; otherwise, he shall veto it and return the same with his objections to the Capital District Assembly, which shall enter the objections at large in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of all the Members of the Capital District Assembly shall agree to pass the bill, it shall become a law. In all such cases, the votes shall be determined by yeas or nays, and the names of the Members voting for or against shall be entered in its Journal. The Governor shall communicate his veto of any bill to the Capital District Assembly within thirty days after the date of receipt thereof, otherwise, it shall become a law as if he had signed it. The Governor shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object.
   
7. All laws enacted by the Aldurian Capital District shall be subject to the review of the Parliament. to ensure compliance with law and the Constitution. 
   
8. In time of emergency, crisis or calamity, as the President of Alduria may by proclamation determine, the President may suspend provisions of this Article and directly govern the Aldurian Capital District until Parliament resolves that the emergency, crisis, or calamity has run its course and no longer exists.
   

Article 4. Government of a State.

1. Every State shall be administered by a Governor, who shall be elected at large by all the registered voters of that State, and shall serve for a 6-year term. The Governor must be 25 years of age, able to read and write, and a resident of the State for the past 2 years prior to election day.
   
2. Every State shall have an executive administration as provided by State law, and a unicameral legislature that shall legislate for the State. Until such time that the unicameral legislature is convened, the legislative authority for the State shall be exercised by the Governor, subject to review of Parliament. 
   
3. The legislature which shall be elected at large by all the registered voters of that State shall serve for a 3-year term, and shall have a name and shall be in such form as each State may provide.
   
4. The boundaries of each State shall be provided by the Constitution and Parliament.
   
5. Each State legislature shall enact such revenue measures as it may require.
   
6. The terms of office of the newly-elected Governor and the legislature begin at noon of Novaber 13 of the year immediately following the election, and end at the same time, according to the provisions of this law. 
   
7. The legislature shall elect a Speaker from among themselves, to preside over sessions and to serve at the pleasure of the members. The legislature shall promulgate its own rules, punish its members for disorderly behavior, and, with the concurrence of two-thirds of all its members, suspend or expel a member. A penalty of suspension, when imposed, shall not exceed sixty days. The legislature shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts as may, in its judgment, affect national security; and the yeas and nays on any question shall, at the request of one-fifth of the Members present, be entered in the Journal. 
   
8. Legislation governing the State shall be in the form of an Act, approved by both the legislature, and signed by the Governor.
   
9. Every bill passed by the legislature shall, before it becomes a law, be presented to the Governor. If he approves the same he shall sign it; otherwise, he shall veto it and return the same with his objections to the legislature, which shall enter the objections at large in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of all the Members of the legislature shall agree to pass the bill, it shall become a law. In all such cases, the votes shall be determined by yeas or nays, and the names of the Members voting for or against shall be entered in its Journal. The Governor shall communicate his veto of any bill to the legislature within thirty days after the date of receipt thereof, otherwise, it shall become a law as if he had signed it. The Governor shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object.
   
10. All laws enacted by the legislature shall be subject to the review of the Parliament, to ensure compliance with law and the Constitution. 
    
11. In time of emergency, crisis or calamity, as the President of Alduria may by proclamation determine, the President may suspend provisions of this Article and directly govern the State until Parliament resolves that the emergency, crisis, or calamity has run its course and no longer exists.
    
12. Until the legislature shall provide in accordance with the provisions of this Act, it shall have 30 members elected at large by all registered voters of the State.
    
13. The provisions of this Article shall apply to the Territorial Government of the Overseas Territories of Valenciana and Valladares, provided that the territorial legislature shall have 40 members, with 20 members elected at large by all registered voters of Valenciana and 20 members elected at large by all registered voters of Valladares, until they shall otherwise provide.
    
14. Until state law or law of the Territorial Government of the Overseas Territories of Valenciana and Valladares shall provide, in case of death, permanent disability, or resignation of the Governor, the Speaker shall become the Governor to serve the unexpired term.
    
15. Temporary Incapacity.
    
    a. When the governor is temporarily incapacitated to perform his duties for physical or legal reasons such as, but not limited to, leave of absence, travel abroad, and suspension from office, unless otherwise provided by State or Territorial law, the Speaker shall automatically exercise the powers and perform the duties and functions of the Governor, except the power to appoint, suspend, or dismiss employees which can only be exercised if the period of temporary incapacity exceeds thirty (30) working days.
    
    b. The temporary incapacity shall terminate upon submission to the legislature of a written declaration by the Governor that he has resumed his office. In cases where the temporary incapacity is due to legal causes, the Governor shall also submit necessary documents showing that said legal causes no longer exist.
    
    c. When the Governor is traveling within the Republic but outside his territorial jurisdiction for a period not exceeding three (3) consecutive days, he may designate in writing the officer-in-charge of the office of the Governor. Such authorization shall specify the powers and functions that the local official concerned shall exercise in the absence of the Governor except the power to appoint, suspend, or dismiss employees.
    
    d. In the event, however, that the Governor fails or refuses to issue such authorization, the Speaker shall have the right to assume the powers, duties, and functions of the said office on the fourth day of absence of the Governor, subject to the limitations provided in subsection hereof.
    
    

Article 5. Delegated power for creation and dissolution of localities.

1. States, through their legislatures are authorized to create and charter localities: cities, municipalities, towns, and other local communities.
   
2. Localities shall have such structure as the States may require, provided that the boundaries of localities shall be established in consultation with residents of the aforesaid localities; provided further that such localities and that its officials and residents pledge their service to the Constitution and do not contradict any law that may be put forward by the Parliament or any decrees, ordinances or proclamations of the Government of the Aldurian Republic.
   
3. The legislative power of each locality shall enact such revenue measures as it may require, provided that these measures shall only come into force on approval of the Governor or the State legislature.
   
4. Localities created by States under authority of this Act may be dissolved by States, through their legislatures or legislative authorities, provided that a simple majority of the residents therein assent to the aforesaid dissolution by plebiscite or referendum.
   

Article 6.Autonomous Regions.
1. Parliament may, in the national interest, and by an organic act authorize the setting-up of an Autonomous Region, where its territory does not exceed that of a State, and to authorize or grant, as the case may be, a Statute of Autonomy to territories which are not integrated into the organization established in this Act.
2. Under no circumstances shall a federation of autonomous regions be allowed.
3. The draft Statute of Autonomy shall be drawn up by an assembly consisting of members of Parliament and members elected from the territories concerned, and shall be sent to Parliament for its drafting as an Act.
4. The Statutes of Autonomy shall be the basic institutional rule of each Autonomous Region and the Republic of Alduria shall recognize and protect them as an integral part of its legal system.
5. The Statutes of Autonomy must contain:
a. The name of the Autonomous Region which best corresponds to its historic identity.
b. Its territorial boundaries.
c. The name, organization and seat of its own autonomous institutions.
d. The powers assumed within the framework laid down by the Constitution and the laws of Alduria.[/indent]
6. Amendment of Statutes of Autonomy shall conform to the procedure established therein and shall in any case require approval of the Parliament through an organic act.

Article 7. Civic Assembly.

1. Each existing city, municipality, and town, and such other localities that may be created under authority of this Act, shall have a deliberative body with perpetual succession to be known as the Civic Assembly, or under such name as the members thereof may thereafter choose, which shall be composed of all Aldurian citizens therein resident for at least six months, aged at least eighteen years, and need not be a registered voter.
   
2. The Civic Assembly shall have a Speaker or Moderator, and a Secretary or Clerk, or such other officials and committees, and with such quorum requirements as the members of the Civic Assembly may so provide in their rules.
   
3. The Civic Assembly shall meet at least once a month to discuss community issues, and adopt such resolutions as its members may see fit.
   
4. Every Civic Assembly shall have a Journal which shall be published for the information of the community, which shall contain the proceedings and the votes thereof. Where the residents of a locality shall number more than two hundred, neighborhood assemblies may be constituted to serve the neighborhoods.    
   

Article 8.Youth Assembly.

1. Each existing city, municipality, or town, or such other localities that may be created under authority of this Act, shall have a deliberative body with perpetual succession to be known as the Youth Assembly, or under such name as the members thereof may thereafter choose, which shall be composed of all Aldurian Citizens therein resident for at least six months, aged at least fifteen to seventeen years, and need not be a registered voter.
   
2. The Youth Assembly shall have a Speaker or Moderator, and a Secretary or Clerk or such other officials and committees, and with such quorum requirements as the members of the Youth Assembly may so provide in their rules.
   
3. The Youth Assembly shall meet at least once a month to discuss youth and community issues, and adopt such resolutions as its members may see fit.
   
4. Every Youth Assembly shall have a Journal which shall be published for the information of the youth and community, which shall contain the proceedings and the votes thereof.
   

Article 9. Rights of members.
Every member of a Civic or Youth Assembly shall have the right to attend, vote, and present petitions for redress of grievances or introduce resolutions at meetings of a Civic or Youth Assembly, with the right to speak governed in accordance with the rules of the respective civic or youth assembly; provided that disputes on interpretation of the law or the rules may be appealed to the Supreme Court.

Article 10. Inaugural session.
The inaugural sessions of the Civic and Youth Assemblies shall be gavelled to order and presided by the chief authority of the locality, or the Member of Parliament for that jurisdiction, or a Secretary of the Government, or the Prime Minister, or the President, until such time that a Speaker or Moderator thereof shall have been duly elected, provided that a notice of meeting shall be posted by the chief authority of the municipality at all public places at least two weeks in advance; provided finally that all Civic and Youth Assemblies shall be convened no later than one month after noon of Novaber 13th of the year after the enactment of this Act.

Article 11. Prohibited Acts. 
Except as provided by law, it shall be unlawful for any elected official or authority to interfere with or hinder the proceedings of any Civic or Youth Assembly. Whosoever shall do so shall be liable to the crime of Contempt of the Civic Assembly or Contempt of the Youth Assembly, as applicable, and subject to imprisonment of one month, or such community service for no more than 180 days as the Civic or Youth Assembly may direct. 

Article 12. Oath of Office. 
a. No person shall assume a duty or office under this Act unless that shall have verbally sworn or affirmed, and executed by hand in the presence of witnesses, the following Oath of Office, in the presence of an authorized solemnizing officer:

I, (name), do solemnly swear or affirm, that I will preserve, respect and uphold the Constitution and the law, faithfully execute my duties in accordance with the law, remain loyal to, and safeguard the interests of the people of Alduria, and defend the Aldurian Republic and ensure her perpetual independence.

b. The President of the Republic, a Member of the Supreme Court, the Prime Minister, a member of the Cabinet, the Speaker, a member of Parliament,  a Governor, a member of a state or territorial legislature, a judge of an inferior court, a Speaker or Moderator or Secretary or Clerk of a Civic Assembly may serve as solemnizing officer. The President of the Republic may, by written directive, further delegate his authority under this Article to an elected or appointed official of the national government.

c. True copies of the oath of office shall be dispatched to the Department of the Interior for safekeeping. After ten years, it shall revert to the custody of the National Archives.

Article 13.Transitory Provisions. 
1. Incumbent officials shall continue to perform their duties. Candidates for office must resign no later than 60 days prior to election day. The President shall appoint an interim Governor from among qualified residents who are not a candidate, in the event that there shall be no executive authority for that State or Territory. 

2. Amounts necessary for the implementation of this Act shall be appropriated from the Development Fund, provided that the Bank of Alduria is also authorized to issue debt as deemed necessary.

3. Filing of candidacies shall begin on (October 28) and shall close on (November 3). The campaign period shall begin on (November 5) and shall end on (November 8). Elections shall begin on (November 4) and shall close on (November 9). The Election Commission is authorized to promulgate such rules as it may deem necessary for the proper implementation of this Act.

4. Registration of voters shall commence on the first day of the second month immediately after the elections, and shall be suspended on the last day of the month prior to election day.

Article 14. Commencement, Severability.

1. This act shall not become law until it has received proper constitutional approval.
   
2. The provisions of this act are severable. If any part of this act is declared invalid or unconstitutional, that declaration shall not affect the part which remains.
   

 

[Alejandro Campos]

Having been approved by Parliament, I hereby sign into law and consent to the
B-023: The Local Government Act, 1677,