Regional and Local Government Organization Act, 1699

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Regional and Local Government Organization Act, 1699

Cortes Federales
Long title	An Act to prescribe the organization of regional and local governments, and to amend and expand the Local Government Act, 1694; among other purposes.
Number	001
Introduced by	Deputy Daniel Valkory, Deputy from North Lyrica (FHP)
Extent	Federation of Nouvelle Alexandrie
Dates
Royal Assent	5.I.1700 AN
Commencement	5.I.1700 AN
Text of statute as originally enacted

Key provisions

Article XII was later amended by the Local Judicial Courts Act, 1721.

Legislative history

Status	Date	Tabled By	Vote Outcome
Introduced in the Federal Assembly	1699 AN	Deputy Daniel Valkory
Debated in the Federal Assembly	1700 AN
Passed in the Federal Assembly	1700 AN
Debated in the Chamber of Peers	1700 AN
Passed in the Chamber of Peers	1700 AN
Royal Assent	1700 AN

Text

Regional and Local Government Organization Act, 1699

Ordered, by the Cortes Federales of Nouvelle Alexandrie,
to be Printed, 1699 AN.

_______________________________

BE IT ENACTED by the King’s Most Excellent Majesty, by and with the advice and consent of the Cortes Federales, in this present 2nd session assembled, and by the authority of the same, as follows:-

PART I
GENERAL PROVISIONS.

1. CITATION.

1. This Act shall be officially cited as the “Regional and Local Government Organization Act, 1699”.

2. DEFINITIONS.

1. Whenever the words “years” and “months” are used in this Act, it shall be construed to refer to a year and a month in the Anno Nortone calendar respectively, unless otherwise specifically noted by this Act.

3. CONSTITUTIONAL AUTHORITY.

1. The Proclamation of Punta Santiago provides in Chapter I, Article 3, Section 1 that “The Federation of Nouvelle Alexandrie is composed of Regions and Overseas Territories, as designated by law.”.
2. The Proclamation of Punta Santiago provides in Chapter I, Article 3, Section 3 that “The territorial organization of the Federation shall be prescribed by law.”
3. The Proclamation of Punta Santiago provides in Chapter I, Article 4, Section 3 that “Further provisions for the Federal Capital District shall be enacted by Act of the Cortes Federales.”

4. PURPOSE OF LOCAL GOVERNANCE.

1. The purpose of local government is—
   1. to enable democratic local decision-making and action by, and on behalf of, communities; and
   2. to promote the social, economic, environmental, and cultural well-being of communities in the present and for the future.

5. CATEGORIES AND JURISDICTIONS OF LOCAL GOVERNANCE.

1. Local governments shall be classified into the following categories, in hierarchical order:
   1. Regions;
   2. States (Autonomous or otherwise);
   3. Special Cities;
   4. Municipalities.
2. A State is a single local government authority that can make laws governing activity within a specific state within a Region, set by convenient geographical demarcations established by Regions.
3. A Special City is a single local government authority that can make laws governing activity within a specific city, subordinate to federal and regional law, with their borders established by Regions.
4. A Municipality is a single local government authority that can make laws governing activity within a specific designated area as granted by federal and regional laws to which it is subordinate, with their borders established by Regions.
5. In addition to the local governments under paragraph (1), special local governments may be separately established, if necessary, to achieve specific purposes.
6. Matters necessary for the establishment and operation of special local governments shall be prescribed by Act of the Cortes Federales.
7. A local government shall be a juristic person.
8. States, Special Cities, and Municipalities shall fall within the jurisdiction of the Region they are located in.
9. Autonomous States shall fall within the joint jurisdiction of the federal government and the Region they are located in, and they shall have the special aim of guaranteeing limited autonomy and self-rule within its borders, which are set by the Region and the Autonomous State, in which the federal government acts as a mediator and final arbitrator.
10. There shall be two Autonomous States established in the Region of Alduria, which are legally recognized as follows:
    1. the Ladino Autonomous Region;
    2. the West Baatharzi Autonomous Region.

6. REPEAL OF THE LOCAL GOVERNMENT ACT, 1694.

1. The Local Government Act, 1694, with all of its provisions integrated and part of this Act now, shall be repealed.
   
   

PART II
REGIONAL GOVERNMENTS.

7. GOVERNMENTS OF THE REGIONS.

1. The first category of administrative divisions in Nouvelle Alexandrie below the national or federal division is the Region, as established by the Proclamation of Punta Santiago.
2. The Federal Capital District and its territory shall be considered a Region, as established by the Proclamation of Punta Santiago; but its details and structures shall be provided by Article 5 of this Act.
3. Every Region as defined by the Proclamation of Punta Santiago, or admitted thereafter into the Federation, shall, after their election in accordance with this Act, thereafter be administered by a Governor, who shall be elected at large by the voters of that Region, and shall serve for a 5-year term.
4. Regional Governors must be at least 25 years of age, able to read and write, of sound mind, and must be a registered voter of the Region where they intend to run for office.
5. Every Region as defined by the Proclamation of Punta Santiago, or admitted thereafter, shall have a regional court, which shall exercise the judicial authority within the region.
6. The aforesaid regional court shall be established by the regional legislature, and such members of the regional court shall be appointed by H.M. the King on recommendation of the #Regional Governor and the practitioners of the legal profession resident within the aforesaid region.
7. Members of a regional court must be members of the Bar, and have been in the practice of the legal profession for seven consecutive years prior to appointment.
8. Every Region shall have an executive administration as provided by regional law and a unicameral legislature that shall legislate for the Region. Until such time that this is accomplished, the legislative authority for the State shall be exercised by the Governor, subject to review of Cortes Federales. Thereafter, Regional law may be voided for being contrary to the fundamental law by decision of the Council of State.
9. The regional legislature which shall be elected at large by the voters of that State shall serve for a 5-year term, and shall have a name and shall be in such form as each Region may provide.
10. Each regional legislature shall enact such revenue measures as it may require, provided that these measures shall only come into force on approval of the Cortes Federales or the Council of State. If no approval is forthcoming within six months after official submission, it shall be deemed approved.
11. Until such time as the aforementioned officials and bodies are constituted, the existing governments of the Regions, as well as their officials, shall remain in office.

8. FEDERAL CAPITAL DISTRICT.

1. The executive power of government of the Federal Capital District shall, after their election in accordance with this Act, thereafter be vested in a Mayor of the Federal Capital District.
2. The Mayor of the Federal Capital District shall be elected by all the registered voters of the aforesaid Federal Capital District.
3. The Mayor must be at least 21 years of age, a registered voter of the Federal Capital District, and shall serve for a term of five years, and may be reelected for as long as they have the confidence of the electorate.
4. The legislative power of government of the Federal Capital District is vested in the Council of the Federal Capital District, composed of 50 members, elected at large of which one seat shall be reserved for senior citizens, one seat shall be reserved for women, one seat shall be reserved for youth aged 30 years of age or below on election day; one seat for military veterans, and one seat for present and retired members of the academe and scientific community, with the reserved seats to be contested only among constituencies of said class.
5. Registered voters shall therefore have two votes, one for the seats at large, which shall be by party list, and one for the reserved seats. For the reserved seats, registered voters may only classify themselves under one classification on their day of registration, no matter what their eligibility may be.
6. Legislation governing the Federal Capital District shall be in the form of an Act of the Council of the Federal Capital District, approved by a majority thereof; and signed by the Mayor, who may exercise a veto.
7. A veto may be overridden by a two-thirds majority of all the members of the Council of the Federal Capital District.
8. The Council of the Federal Capital District shall have a Speaker and such other officers as it may choose, shall have a Journal and Record of its proceedings, may promulgate its own rules, suspend a member for no longer than six months for cause by a vote of two-thirds of all its members, and by a vote of three-fourths of all its members, expel a member.
9. The judicial power of government of the Federal Capital District is vested in the Federal Capital District Court, composed of one Presiding Justice and four Associate Justices, appointed by H.M. the King on recommendation of the Mayor and the practitioners of the legal profession.
10. Members of the Federal Capital District Court must be members of the Bar, and have been in the practice of the legal profession for five years prior to appointment. Members of the #Federal Capital District Court serve for good behavior until the age of 65 or until their death, resignation, or loss of His Majesty’s confidence.
11. While serving in office, the members of the Federal Assembly are disqualified to be registered voters of the Federal Capital District.
    
    

PART III.
STATE GOVERNMENTS.

9. GOVERNMENTS OF THE STATES.

1. The second category of administrative divisions in Nouvelle Alexandrie that shall be below the federal and regional divisions is the State, as established by the Proclamation of Punta Santiago.
2. Regions may use different terms to refer to a “State”, but the general term for this subdivision immediately below a Region shall be generally known as a “State”.
3. Regions, through their regional legislatures, are authorized to create and charter State governments as they may require and provide for their organization.
4. States shall have such structure as the Regions may require, provided that the boundaries of localities shall be established in consultation with residents of the aforesaid localities and provided that a simple majority of the residents therein assent to the aforesaid establishment of locality by plebiscite or referendum.
5. Any State may frame, adopt, amend, or repeal a State charter in a manner and with powers and limitations to be provided by law, which shall among other things, provide for the election of a charter commission.
6. The law may permit the organization of a State government in form different from that set forth by the law, provided that it does not contravene it. Such laws shall limit the rate taxation for state’s purposes, and restrict their powers to borrow money and contract debts.
7. Each State is hereby granted power to levy taxes for State purposes subject to limitations and prohibitions set forth by the law or the Region. Subject to law, a State charter may authorize the State through its regularly constituted authority to adopt resolutions and ordinances relating to its concerns.
8. Until such time as the aforementioned officials and bodies are constituted, the existing governments of the states, as well as their officials, shall remain in office.

10. AUTONOMOUS STATES.

1. In the exercise of the right to self-government, areas with common historic, cultural and economic characteristics, and insular territories may accede to self-government and form Autonomous States in conformity with the provisions contained in the Proclamation of Punta Santiago and in the respective statutes.
2. The right to initiate the process towards self government lies with the regional and state legislatures concerned or with the corresponding legislative body and with two-thirds of the municipalities whose population represents at least the majority of the electorate of the proposed Autonomous State. These requirements must be met before the initial agreement is reached.
3. The Cortes Generales may, in the national interest, and by an Act:
   1. Authorize the setting up of an Autonomous State, where its territory does not exceed that of a state and possesses the characteristics outlined in paragraph (1) of this Article.
   2. Authorize or grant, as the case may be, a Statute of Autonomy to territories which are not integrated into the territorial organization.
   3. Take over the initiative referred to in paragraph (2) of this Article.
4. Under no circumstances shall a federation of Autonomous States be allowed.
5. Statutes of Autonomy may provide for the circumstances, requirements and terms under which Autonomous States may reach agreements among themselves for the management and rendering of services in matters pertaining to them, as well as for the nature and effects of the corresponding notification to be sent to the Cortes Federales. In all other cases, cooperation agreements among Autonomous States shall require authorization by the Cortes Generales.
6. Each Autonomous State shall have as its charter a Statute of Autonomy, which shall be drawn up by an assembly consisting of members of the territories or inter-island body of the areas concerned, and the respective Members of the Cortes Federales elected in them, and shall be sent to the Cortes Federales for its drafting as an Act.
7. The Autonomous States may assume competences over matters that have been outlined as local or defined to them by the Proclamation of Punta Santiago, the constitution of the Region they are a part of, as long as they do not contravene these or the established statutes.
8. If a Autonomous State does not fulfil its obligations, or acts in a way that is seriously prejudicial to the general interest of the Federation, the federal Government, after having lodged a complaint with the government of the Autonomous State and failed to receive satisfaction therefore, may, following approval granted by the overall majority of the Federal Assembly, take all measures necessary to compel the Autonomous State to meet said obligations, or to protect the above mentioned general interest.
9. Until such time as the aforementioned officials and bodies are constituted, the existing governments of the Autonomous States, as well as their officials, shall remain in office.

PART IV.
SPECIAL CITY GOVERNMENTS.

11. GOVERNMENTS OF SPECIAL CITIES.

1. The third category of administrative divisions in Nouvelle Alexandrie that shall be below the federal, regional, and state divisions is the Special City.
2. Regions may use different terms to refer to a “Special City”, but the general term for this subdivision shall be generally known as a “Special City”.
3. Regions, through their regional legislatures, are authorized to create and charter Special City governments as they may require and provide for their organization.
4. The Cortes Federales and regional legislatures may provide by general laws for the incorporation of Special Cities. Such laws shall limit their rate taxation for their purposes, and restrict their powers to borrow money and contract debts. Each Special City is granted power to levy other taxes for public purposes, subject to limitations and prohibitions provided by the Proclamation of Punta Santiago or by law.
5. Special Cities shall have such structure as the Regions may require, provided that their boundaries shall be established in consultation with residents of the aforesaid localities and provided that a simple majority of the residents therein assent to the aforesaid establishment of locality by plebiscite or referendum.
6. Any Special City may frame, adopt, amend, or repeal a Special City Charter in a manner and with powers and limitations to be provided by law, which shall among other things, provide for the election of a charter commission.
7. The law may permit the organization of a Special City government in form different from that set forth by the law, provided that it does not contravene it.
8. Subject to law, a Special City charter may authorize the Special City through its regularly constituted authority to adopt resolutions and ordinances relating to its concerns.
9. Until such time as the aforementioned officials and bodies are constituted, the existing governments of the Special Cities, as well as their officials, shall remain in office.

PART V.
SUB-STATE GOVERNMENTS.

12. GOVERNMENT OF THE MUNICIPALITIES.

1. The fourth category of administrative divisions in Nouvelle Alexandrie that shall be below the federal, regional, and state divisions, but co-equal to Special Cities, is the municipality.
2. Regions, through their regional legislatures, are authorized to create and charter localities below the level of states such as: municipalities, burghs, and other local communities as they may require. Regions may use different terms to refer to a “Municipality”, but the general term for this subdivision shall be generally known as a “Municipality”.
3. Localities shall have such structure as the Regions may require, provided that the boundaries of localities shall be established in consultation with residents of the aforesaid localities and provided that a simple majority of the residents therein assent to the aforesaid establishment of locality by plebiscite or referendum.
4. 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 Regional Governor or the Regional legislature. If no approval is forthcoming within six months after official submission, it shall be deemed approved.
5. The regional legislatures shall have the power to review legislation adopted by legislative bodies of their localities, and may declare them invalid if found to be in conflict with the law.
6. Localities created by Regions under authority of this Act may be dissolved by regional legislatures, provided that a simple majority of the residents therein assent to the aforesaid dissolution by plebiscite or referendum.
7. The existing governments of the localities, as well as their officials, shall remain in office, until such time that elections are called.
8. Until such time as the aforementioned officials and bodies are constituted, the existing governments of the Municipalities, as well as their officials, shall remain in office.

13. OVERSEAS TERRITORY OF JARIS.

1. The present existing territory of Ijubicastagrad is constituted as an Overseas Territory. Ijubicastagrad Harbor shall serve as its capital.
2. The Overseas Territory shall be administered by a Governor, a citizen of the Federation appointed by the King and serving at His Majesty's Pleasure. The Governor exercises His Majesty's plenipotentiary powers in accordance with His Majesty's will.
3. The executive authority of the Overseas Territory is the Chief Executive, who is formally appointed by the Governor, and serves at the pleasure of the Governor but for no more than five years from the date of appointment. All reappointments may take place only on the approval of the Legislative Council. The Chief Executive must be at least 21 years of age on the date of appointment, able to read and write, and of sound mind.
4. The legislative authority of the Overseas Territory is vested in the Governor-in-Council, comprising the Governor and the Legislative Council, which shall have 25 seats elected by the adult residents of the Overseas Territory for a three-year term. Councilors may be re-elected. 20 seats are elected at large, and one seat each are reserved for closed elections for the constituencies of women, youth residents of 18 to 30 years of age on election day, veterans, senior citizens of 60 years of age and above on election day, and persons with disabilities. Except as otherwise provided, Councilors must be at least 18 years of age on the date of the election, able to read and write, of sound mind, a resident of the Overseas Territory for at least one year prior to the date of election, and a citizen of the Federation.
5. All debts and liabilities of the Overseas Territory and of its government as of the date of this Act are assumed by the Atacama Corporation, a corporation existing and registered under the laws of the Imperial State of Constancia.
6. No other armed and uniformed force shall presume to exercise military or law-enforcement powers in the Overseas Territory except as otherwise provided by law of the Federation or a treaty in which the Federation is a party.
7. The National Elections Commission shall conduct elections for the Overseas Territory within six months from the adoption of this Act.
8. Until such time as a Governor is appointed and a Chief Executive is appointed, the Secretary of Defense shall appoint from His Majesty's Armed Forces, a Commandant who shall exercise the powers of the Governor contemplated in this Section until a new Governor is appointed.
9. Individuals who have resided within the Overseas Territory for at least five years prior to the adoption of this Act may be granted citizenship in the Federation on signature of the Governor, provided that they renounce any other existing citizenship that they may be entitled to, and provided further that the Secretary of Defense concurs that the individual does not pose a threat to the security of the Federation.

PART V.
CIVIC AND YOUTH ASSEMBLIES.

14. CIVIC ASSEMBLIES.

1. Each existing Special City, Municipality, 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 individuals therein resident for at least six months, aged at least twenty-one years, and need not be a registered voter. Where the adult residents of a locality shall number more than two hundred, subsidiary neighborhood assemblies may be constituted to serve the neighborhoods.
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.

15. YOUTH ASSEMBLIES.

1. Each existing Special City, Municipality, 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 Youth Assembly, or under such name as the members thereof may thereafter choose, which shall be composed of all individuals therein resident for at least six months, aged at least fifteen to twenty years, and need not be a registered voter. Where the residents of a locality shall number more than two hundred, subsidiary neighborhood youth assemblies may be constituted to serve the neighborhoods.
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.

16. ADDITIONAL PROVISIONS FOR CIVIC AND YOUTH ASSEMBLIES.

1. Every member of a Civic or Youth Assembly shall have the right to attend, vote, and present petitions for redress of grievances 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.
2. The inaugural sessions of the Civic and Youth Assemblies shall be gavelled to order and presided by the Governor of a Region, the chief or a senior authority of the locality, an incumbent member of the Cortes Federales, or a Secretary of His Majesty's Government, 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 two months after the grant of Royal Assent of this Act.
3. Except by His Majesty's written command or written command of the Council of State, it shall be unlawful for any elected or appointed official or authority to interfere with or hinder the proceedings of any Civic or Youth or Neighborhood 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, or such fine not to exceed five hundred thousand ecus as the Civic or Youth Assembly may direct.
4. Until such time as the aforementioned officials and bodies are constituted, the existing Youth and Civic Assemblies, as well as their officials, shall remain in office.

PART VI.
NATIONAL ELECTIONS COMMISSION.

17. NATIONAL ELECTIONS COMMISSION.

1. There shall be a National Elections Commission which shall conduct the elections required by this Act, composed of as many members as there are Regions, with each member having been a resident of the aforesaid Region for at least one year prior to appointment.
2. The members of the National Elections Commission shall be appointed by H.M. the King based on a final nominations list approved by the Council of State, from nominations submitted by the general public. The members of the National Elections Commission serve for a term of three years from their date of appointment.
3. The National Elections Commission shall have as its chief executive, a Chairman elected from among themselves, who shall serve a term of three years, and who shall implement the resolutions of the Commission.
4. Upon election as Chairman, the relevant regional seat of the National Elections Commission shall be deemed vacant and must be replaced immediately.
5. The Commission shall have a Secretary, Deputy Secretary, Assistant Secretaries, clerks and such other officials who shall be career officials employed by the Commission.
6. The National Elections Commission shall have the powers to promulgate its own rules, as well as powers of subpoena and all powers to cite any individual or organization in contempt, in accordance with this Act, other laws, and due process.
7. The funding of the National Elections Commission shall be determined by the Cortes Federales, and may not be reduced from the legislated funding of the previous year.
8. A registered voter is defined as a natural person who has, or shall reach the age of eighteen years on the date of the next election, must be a national of the Federation, and resident in the Region for at least six months prior to registration. Registrations shall remain valid until death or inability to vote for two consecutive elections.
9. Registration of voters may be transferred to other domiciles under rules that the National Elections Commission shall provide.
10. Until such time as the aforementioned officials and bodies are constituted, the existing National Elections Commission, as well as their officials, shall remain in office.

PART VII.
FINAL PROVISIONS.

18. COMMENCEMENT AND APPLICATION.

1. This Bill shall apply to all of the Federation of Nouvelle Alexandrie.
2. This Bill shall not become law unless it has been given Royal Assent.
3. In the event any provision or part of this Bill is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Bill, will be inoperative.