Local Government Act, 1694

Local Government Act, 1694

Cortes Federales
Long title	An Act To Provide for the Government of Localities; Among Other Purposes.
Number	005
Introduced by	Deputy Gerhardt Eugen Seydlitz, Deputy from the Isles of Caputia (FHP)
Extent	Federation of Nouvelle Alexandrie
Dates
Royal Assent	20.VIII.1695 AN
Other legislation
Text of statute as originally enacted
Repealing legislation	Regional and Local Government Organization Act, 1699

Legislative history

Status	Date	Tabled By	Vote Outcome
Introduced in the Federal Assembly	1694 AN	Deputy Gerhardt Eugen Seydlitz (FHP)
Debated in the Federal Assembly	1694 AN
Passed in the Federal Assembly	1694 AN
Debated in the Chamber of Peers	1694 AN
Passed in the Chamber of Peers	1694 AN
Royal Assent	1695 AN

Text

LOCAL GOVERNMENT ACT, 1694

Ordered, by the Cortes Federales of Nouvelle Alexandrie,
to be Printed, 1694 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 1st session assembled, and by the authority of the same, as follows:-

PART I
LOCAL GOVERNANCE.

1. CITATION.

1. This Act may be cited in all purposes as the “Local Government Act, 1694”.

2. ORGANIZATION OF THE 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 elected by all the registered voters of the aforesaid Federal Capital District. 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 six years, and may be reelected for as long as they shall have the confidence of the electorate.
2. The legislative power of government of the Federal Capital District is vested in the Federal Capital District Council, 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. #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 eligibilities may be. Legislation governing the Federal Capital District shall be in the form of an Act of the Federal Capital District Council, approved by a majority thereof; and signed by the Mayor, who may exercise a veto. A veto may be overridden by a two-thirds majority of all the members of the Federal Capital District Council. The Federal Capital District Council 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.
3. 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 general public and the practitioners of the legal profession. 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.
4. While serving in office, the members of the Federal Assembly are disqualified to be registered voters of the Federal Capital District.

3. REGIONAL GOVERNMENTS.

1. 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 bebe administered by a Governor, who shall be elected at large by the voters of that Region, and shall serve for a 6-year term. The Governor 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.
2. 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. #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 general public and the practitioners of the legal profession resident within the aforesaid region. Members of the 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.
3. 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.
4. The regional legislature which shall be elected at large by the voters of that State shall serve for a 3-year term, and shall have a name and shall be in such form as each Region may provide.
5. 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.
6. 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.

4. SUB-REGIONAL GOVERNMENTS.

1. Regions, through their regional legislatures, are authorized to create and charter localities: cities, municipalities, burghs, and other local communities as they may require.

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; provided further that such localities and that its officials and residents pledge their fealty to the fundamental law and do not contradict any law that may be put forward by the Cortes Federales or any decrees, ordinances or proclamations of His Majesty and His Majesty's Government, and provided that a simple majority of the residents therein assent to the aforesaid establishment of locality by plebiscite or referendum.

1. 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 Regional legislature. If no approval is forthcoming within six months after official submission, it shall be deemed approved.
2. 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 fundamental law or regional laws.
3. 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.
4. The existing governments of the localities, as well as their officials, shall remain in office, until such time that elections are called.

5. CIVIC ASSEMBLIES.

1. Each existing city, town, and burgh, 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.

6. YOUTH ASSEMBLIES.

1. Each existing city, town, or burgh, 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 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.

7. 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.
   
   

PART II
ELECTIONS COMMISSION.

8. 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. 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.
2. 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. Upon election as Chairman, the relevant regional seat of the National Elections Commission shall be deemed vacant and must be replaced immediately. The Commission shall have a Secretary, Deputy Secretary, Assistant Secretaries, clerks and such other officials who shall be career officials employed by the Commission.
3. 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.
4. 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.
5. 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.
6. Registration of voters may be transferred to other domiciles under rules that the National Elections Commission shall provide.
   
   

PART III
FINAL PROVISIONS.

9. 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.