[Occupymendocino] [Fwd: Mendocino County Charter and Pettition]
agnes at mcn.org
agnes at mcn.org
Sun Jul 14 18:59:52 PDT 2013
Thank you,Ellen Rosser, for doing a superb job incorporating suggestions
and has finished the Mendocino County Charter. It is 5 pages long plus
the petition.
Kudos for Ellen,
Agnes
---------------------------- Original Message ----------------------------
Subject: Mendocino County Charter and Petition
From: agnes at mcn.org
Date: Sun, July 14, 2013 6:44 pm
To: paul at 100fires.com
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MENDOCINO COUNTY CHARTER
We, the people of Mendocino County, do ordain and establish for its
government this Charter.
ARTICLE I: NAME AND RIGHTS OF THE COUNTY
Sec. 1. The county of Mendocino, State of California, is a body corporate
and politic, and as such has all the powers specified by the Constitution
and laws of the State of California, and by this Charter, and such other
powers as are necessarily implied. (or Article 11, Section 7 1/2 of the
California Constitution, Boundaries of County, Section 23152 of the
Government Code, Sections 23700-23732 of the Government Code.)
Sec. 2. The powers mentioned in the preceding section can be exercised
only by a Board of Supervisors, or by agents and officers acting under
their authority or by authority of law or of this Charter.
Sec. 3. The corporate name shall be “County of Mendocino,” which must be
thus designated in all actions and proceedings touching its corporate
rights, properties and duties. Its boundaries and county seat shall remain
the same as they now are until otherwise changed by law.
ARTICLE II: BOARD OF SUPERVISORS
Sec. 1. The Board of Supervisors, which serves as the legislative and
executive body of County government and many special districts, is
comprised of five, full-time members elected by their respective districts.
Pursuant to the California Government Code, the Board enacts legislation
governing Mendocino County and determines overall policies for County
departments and various special districts, adopts the annual budget, and
fixes salaries.
Sec. 2. The Board also hears appeals from decisions of the Planning
Commission, considers General Plan amendments, and sits as the Board of
Equalization to provide tax payers with a system for appealing the
valuation placed on their property by the Assessor.
Sec. 3. The Chief Executive Officer is appointed by the Board and serves
as the chief executive office responsible for day-to-day administration of
County affairs.
Sec. 4. County Counsel, appointed by the Board, advises and represents
the County and Board in all legal affairs and is a member of the Banking
Commission.
Sec. 5. The Clerk of the Board, also appointed by the Board, is
responsible for maintaining the official records of the Board, attending
all sessions of the Board, and managing Board business.
Sec. 6. The Board of Supervisors coordinates with the Mendocino County
Bank Commission and votes on the projects and infrastructure on which to
use the profits from the bank.
ARTICLE III: COUNTY OFFICERS OTHER THAN SUPERVISORS
Sec. 1. The following officers shall be elected every four years as
provided by general law.
Treasurer-Tax Collector-Chair of Mendocino Bank Commission
Sheriff-Coroner
District Attorney
Superior Court Judges
Assessor-Clerk-Recorder
Auditor-Controller
Sec. 2. The duty of the Assessor-Clerk-Recorder shall be to perform the
mandated duties of recording, indexing and maintaining for public access,
all documents authorized by law to be recorded.This Division records
marriage certificates, files birth and death certificates, indexes these
records, and maintains these records for public access. Records in this
office date back to the beginning of the County. It is imperative that
records be well-preserved and easily accessible as current property
transactions depend on the accuracy and availability of previously recorded
documents. Therefore it is the duty of the Recorder to inspect deeds
carefully and, if there is any question as to accuracy of information, to
require an Affidavit of Authenticity, especially in foreclosure cases, and
it will be appended with CA Penal code 115. If this Affidavit is not
returned within a specified time with true signatures, the foreclosure will
not be recorded..
Sec. 3. The duty of the Auditor-Controller is to make thorough inspection
and examination at least once each year of the books and accounts of all
County and District officers and of the methods of keeping the accounts and
transacting the business of such officers, and to prescribe in writing as
to one or all of the offices such rules, regulations, forms and methods as
to keeping the accounts thereof,and as to making the reports and accounts
herein provided for, as the Auditor shall deem proper, and it shall be the
duty of each and all of such officers to comply with such requirements of
the Auditor.
(cr.--Sec. 24051 California Government Code provides annual audit.)
(cr. Sec. 24900 California Government Code et seq.)
ARTICLE IV: THE MENDOCINO COUNTY BANK.
The County of Mendocino shall do business as the Mendocino County Bank for
the purpose of using Mendocino County revenues for the benefit of Mendocino
County residents and businesses. For example, the bank will return full
interest on our public tax deposits so that essential services can be
expanded without raising taxes; the bank will partner with and support
community banks and credit unions to grant loans to sustainable, worthy,
job-creating, local industries and small businesses; the bank will fund
county projects, slash county debt service costs and pay any interest back
to the county not to speculators; the bank will redirect investment away
from risky derivatives and big banks and into real goods and services thus
protecting the value of county savings and pensions; the bank will make
low interest student loans to qualified students; and in times of economic
downturn the bank will support the local economy by increasing the
availability of loans. Therefore, to benefit Mendocino County residents,
all Mendocino County revenues, funds and funds of all county penal,
educational, and all other county institutions shall be deposited in the
Mendocino County Bank by the persons having control of such funds or must
be deposited in accordance with constitutional and statutory provisions.
Sec. 1. The Mendocino County Bank Commission shall operate, manage, and
control the Mendocino County Bank. The Bank Commission shall consist of
the County Treasurer as Chair, the County Counsel and the chair of the
EDFC. The Bank Commission shall appoint the President and officers of the
Mendocino County Bank and determine their salaries, and the Board of
Supervisors shall confirm the appointments and salaries.
Sec. 2. The Mendocino County Board of Supervisors, with the concurrence of
the Bank Commission, shall vote on allocating money from the General Fund
for projects to benefit the people of the County of Mendocino through
projects and infrastructure improvements.
Sec. 3. The Treasurer shall appoint an Advisory Board of Directors to
oversee the functioning of the Mendocino County Bank. The Advisory Board
of Directors shall consist of five members, of which two must be current or
retired bank officers of Mendocino County banks or credit unions, and of
which one must be a current or retired bank officer of a state-chartered or
federally-chartered financial institution. The Advisory Board of
Directors shall elect a Chair, Vice-Chair and Secretary, and shall meet
regularly with the management of the Mendocino County Bank to review and
make recommendations about the management performance, customer service,
and overall improvements in methods, procedures and operating policies of
the bank. The Advisory Board of Directors shall also make recommendations
about additional objectives for the bank, about appointment of officers of
the bank, and about any other matters relevant to improving the bank’s
service to the people of Mendocino County.
Sec. 4. The Board of Supervisors shall appoint a Citizens’ Advisory
Committee of five members to meet as needed to make recommendations to the
Bank Commission and the Board of Supervisors about projects or services
that the Mendocino County Bank should undertake to improve its service to
the people of Mendocino County.
Sec. 5. The Mendocino County Bank in conjunction with the Board of
Supervisors may acquire property by purchase or by eminent domain, and it
may refinance loans at low interest rates to enable otherwise foreclosed
homeowners to remain in their homes and to make mortgage payments to the
bank of Mendocino County. After acquiring
properties taken by Eminent Domain, the Mendocino County Bank will notify
bank
servicers that they will no longer have servicing rights to these named
properties.
Sec. 6. The Mendocino County Bank shall work cooperatively with local
banks and credit unions to underwrite loans, buy down interest rates, or
otherwise facilitate and improve the services the local banks and credit
unions offer to the people of Mendocino County.
ARTICLE V. SUPPORTING THE LOCAL ECONOMY
The Board of Supervisors and the County Manager whenever possible shall
contract with Mendocino County businesses and non-profit corporations to
perform work for the county.
ARTICLE VI: GENETICALLY MODIFIED ORGANISMS
In accordance with the will of the voters of Mendocino County, no
genetically modified organisms shall be grown or sold in Mendocino County.
The Board of Supervisors may impose penalties for violation of this
regulation.
ARTICLE VII. CORPORATIONS.
In accordance with the will of the voters of Mendocino County, in Mendocino
County corporations shall be considered business entities that can be
regulated by county, state or federal law. They shall not be considered to
have the rights granted by the writers of the U.S. Constitution to natural
persons.
ARTICLE VIII. CAMPAIGN SPENDING REGULATIONS.
In accordance with the will of the voters of Mendocino County, in Mendocino
County the Board of Supervisors shall regulate campaign spending in county
elections and may disallow funding from outside the county.
ARTICLE IX. NUCLEAR-FREE ZONE
In accordance with the will of the voters of Mendocino County, there shall
be no nuclear weapons or nuclear power plants in Mendocino County nor shall
nuclear material be transported across Mendocino County.
ARTICLE X. FRACKING AND OTHER DANGERS TO HUMAN HEALTH
Mendocino County shall not allow any fracking in the county nor any other
industries harmful to the environment, the aquifer, or human health.
ARTICLE XI: SEVERABILITY.
In the event that any one or more of the articles or provisions of
this Charter contained herein shall, for any reason, be held to be invalid,
illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other articles or provisions of this
Charter, and this Charter shall be construed as if such invalid, illegal
or unenforceable article or provision had never been contained herein.
* PETITION TO THE BOARD OF SUPERVISORS OF MENDOCINO COUNTY*
**
*We, the undersigned registered voters of Mendocino County, do hereby
request the Board of Supervisors to put on the ballot the attached measure
to make Mendocino County a Charter County with greater independence than it
now has. The Charter includes a provision for a public bank so that
Mendocino County can deposit and utilize its revenues locally for the
benefit of its citizens.*
NAME SIGNATURE ADDRESS WITH ZIP CODE
EMAIL
1. ______________________________________________________________
2. _____________________________________________________________
3. _____________________________________________________________
4. _____________________________________________________________
5. _____________________________________________________________
6. _____________________________________________________________
7. _____________________________________________________________
8. _____________________________________________________________
9. _____________________________________________________________
10. _____________________________________________________________
11. _____________________________________________________________
Name, Signature, and Address with zip code of the Circulator and date.
_______________________________________________________________
Return petition to Agnes Woolsey, Box 163,Mendocino, CA 95460.
SPONSORED BY OCCUPY MENDOCINO
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