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Preface to the Osmio Charter

Decades ago, some brilliant mathematicians invented a kind of digital construction material that could solve all of our major problems with the use of the Internet. Done right, PKI can eliminate online fraud, phishing attacks, malware, identity theft, and on and on.

One of the things PKI calls for is a “certification authority.” Just like a public agency that signs things like birth certificates, passports and drivers’ licenses, the job of a CA is to provide legitimate authority to back up a claim. When you see “https://” in a Web address, a certification authority has signed a digital certificate attesting that the domain really belongs to the bank or other company whose name is on the site.

Or that’s the way it’s supposed to work – but PKI wasn’t done right. For one thing, many of those who deployed PKI ignored the meaning of the word “authority” in “certification authority.” Matt Blaze, one of the original PKI folks famously pointed out, “A commercial certification authority protects you from anyone whose money they refuse to take.”

Even if a commercial enterprise exhibits extraordinary integrity, it can be sold to someone who lacks such integrity. (Indeed, who is more likely to buy a business with an integrity asset than one that lacks an integrity asset?)

As a result of this casual treatment of the word “authority,” the certification industry has become a mess. Certification authorities have indeed been bought and sold. We have “resellers” who will issue you a certificate attesting that you own the domain of any large company. Trust has been eroded everywhere.

Like the city where you live, the City of Osmio cannot be bought and sold, because, like the city where you live, it’s owned by its residents. When you go to city hall, you know you’re dealing with duly constituted public authority.

And unlike a commercial enterprise that’s governed in secret by a closed board of directors, the City of Osmio, like most cities, is governed by its residents. You are welcome, and encouraged, to participate in the governance of the City of Osmio and its certification authorities.

Osmio’s practices are built on a set of principles called the Quiet Enjoyment Infrastructure. In QEI, integrity comes from the accountability of individual people. Certificates attest to the identity of people, not objects such as websites or servers or companies. Your building’s occupancy permit is signed by people – by licensed professionals including an architect, contractor, and building inspector.

Osmio does provide for traditional applications of digital certificates such as websites, software code, etc. But with Osmio, sites are signed by signing officers: professionally licensed individuals who assume personal and professional responsibility for the legitimacy of the use of a web domain.

Welcome to the Municipal Charter of the City of Osmio. Take a moment to read it and see how Osmio applies the proven principle of individual accountability to the digital world.

The Osmio Charter

PREAMBLE

We, the prospective citizens of the City of Osmio, in order to establish a municipality whose ordinances will provide authenticity, order, manageability and security to online facilities used by its citizens and by users of online facilities whose ownership and management have adopted the Ordinances of the City of Osmio, do hereby enact this Municipal Charter for the City of Osmio.

 

ARTICLE I

GENERAL PROVISIONS AND POWERS; CONSTRUCTION

Section 1.01 Association or Municipal Corporation; Purpose.

 

A. Organization. The organization now existing and known as the City of Osmio intends to organize, when possible, as a municipality according to the laws of the Republic and Canton of Geneva. As there is presently no known provision in the laws of the Republic and Canton of Geneva nor in any other jurisdiction that provides for a municipal corporation without geographic definition, the City of Osmio exists until then as a non-municipal, non-stock, nonprofit corporation, The City of Osmio, Inc., according to the laws of the Commonwealth of Massachusetts, USA.

 

B. Purpose of this Charter. The purpose of this Charter is to establish the terms of governance for the legal entity known as the City of Osmio. The basis for such terms of governance is the set of technologies, methods, procedures, and standards known as the Quiet Enjoyment Infrastructure. The definitions of the technologies, methods, procedures, and standards of the Quiet Enjoyment Infrastructure may be found at quietenjoyment.net.

 

C. Purpose of the City. The purpose of City of Osmio is to provide communities with a source of Authenticity in the form of a set of certification authorities based upon duly constituted public authority.

 

D. Form of Government. The system of governance of the City of Osmio is Optimocracy.]

 

Explanation:

The City of Osmio, having an exclusively online jurisdiction where visual and aural cues to the identity of its visitors and residents are not commonly available, hereby adopts Optimocracy, as defined at optimocracy.org, as its form of government.

 

Optimocracy calls for "accountable anonymity," where each participating individual is identified by an x.509v3 identity certificate that is bound to a record ("IDQA record") defining the reliability of the claim of identity which it represents. Whereas in traditional PKI the CN (common name) in such identity certificates provides readily usable information that identifies the subject, the Identity Quality Component of QEI differentiates between the "utility certificate" which is used on a day to day basis for authentication, and the "foundational certificate" which serves the same purpose as an individual's paper birth certificate, that is, as a breeder document that is seldom used, existing only to provide identity evidence for the issuance of derivative identity documents such as drivers' licenses, passports, employee IDs, etc. The foundational certificate is established through specifically defined enrollment procedures, while a new utility certificate may be generated by the subject at any time, by signing a Utility Certificate Signing Request with the private key of the foundational certificate.

 

As called for in the Quiet Enjoyment Infrastructure, the municipalitiy's jurisdiction includes spaces that are logically defined as "outdoors" and "InDoors." Outdoor spaces consist of common areas, public accommodations, visitor centers, and reception areas ("web sites") that are accessible via a browser. InDoor spaces consist of facilities that are bound to an occupancy permit that is digitally signed by an Osmio building inspector. Entry into InDoor spaces requires 1) Door client software and 2) an X.509v3 digital identity certificate whose certification authority is the Vital Records Department of the City of Osmio. Said identity certificate must be bound to an Identity Quality record with an Identity Quality score of at least eight (8).

 

In an optimocracy, after the Charter Commission releases control of the municipality to the Moderators, all voting is done by members of commissions, and most voting is done within the commissions themselves. In an optimocracy, suffrage is universal only in the sense that any individual may qualify to vote, but that qualification must be earned and sustained by objectively measurable participation in the commission or other governing body.

 

To become a commissioner, a resident of the City must

Obtain a Digital Birth Certificate‚Ñ¢ credential from the Osmio Vital Records Department

Learn the issues and positions that are being discussed in the particular commission by following the public debate, both synchronous and asynchronous, in such a manner that his or her signature appears on the logs of the commission. The moderator of the commission shall determine the level of participation required to sustain membership in the commission as a commissioner.

Section 1.02 Powers of the City.

 

 

A. [provisional] Acceptance of Devolution of Powers. By enacting this Charter, pursuant to the Municipal Charter Act of the laws of the Republic and Canton of Geneva, the City of Osmio shall, if offered, accept the full and complete devolution of home rule powers granted in the Constitution and laws of the Republic and Canton of Geneva to all municipalities which adopt a charter. Accordingly, the City shall have all powers possible for a home rule municipality to possess under the Constitution and laws of the Republic and Canton of Geneva, including but not limited to all implied powers and all powers necessary to implement all express powers of the City, as if each and every one of the City's implied powers were fully, completely, and expressly enumerated in this Charter.

 

B. Charter as Limitation on Powers. As the Republic and Canton of Geneva Constitution and Municipal Charter Act devolve full home rule powers directly on municipalities which enact a charter, this Charter shall be construed as a limitation on powers and not as a grant of powers. The fact that this Charter shall enumerate for convenience or reference some of the powers of the City shall not change the nature of the Charter from a limitation on powers to a grant of powers, or give rise to any inference that the City lacks any power which is not specifically enumerated. If a power of the City is not affirmatively stated herein, no presumption or inference shall be created that the City lacks such a power.

 

C. Liberal Construction. The powers of the City under this Charter shall be construed liberally in favor of the City, and shall be interpreted to favor maximum local self government.

 

D. Powers of General Law Municipal Corporations. The City shall be entitled to exercise any and all powers granted by international law or the the laws of the Republic and Canton of Geneva to municipal corporations, except to the extent that there may be a conflict with this Charter; in which case the Charter shall operate to limit the City's ability to exercise such a power.

 

E. The Governing Body shall be empowered to enact ordinances establishing impact fees and which may, in addition, address such other land use matters as the Governing Body deems appropriate.

 

F. The Governing Body shall be empowered to adopt ordinances for the purpose of protecting the environment of the City of Osmio.

 

G. The Governing Body shall be empowered to adopt, by ordinance, policies of procurement for the City.

 

Section 1.03 Intergovernmental Relations.

 

In addition to those powers granted pursuant to the the laws of the Republic and Canton of Geneva, the City may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more sovereign states, or any state civil division or agency, or any government or any of its agencies.

 

Section 1.04 Municipal Laws.

 

A. All City ordinances, resolutions, orders and regulations which are in force when this Charter becomes fully effective are repealed only to the extent that they are inconsistent with or interfere with the effective operation of this Charter.

 

B. To the extent that the Constitution and laws of the Republic and Canton of Geneva permit, all laws relating to or affecting the City or its agencies, officers or employees, which are in force when this Charter becomes fully effective, are superseded to the extent that they are inconsistent or interfere with the effective operation of this Charter.

 

C. In addition to the provisions of Subsections A and B of this section, and pursuant to the laws of the Republic and Canton of Geneva, any provision of the Municipal Code or any other law relating to municipalities shall apply to the City only to the extent that such a state statute is not inconsistent with the provisions of this Charter. To the extent that any statute relating to municipalities is consistent with this Charter, the City may avail itself of the rights, privileges and powers conferred by such a statute, regardless of whether such a statute vests powers in home rule municipalities, non-home rule municipalities, or both.

 

Section 1.05 Rights and Property.

 

A. All rights and property which were vested in the City prior to the effective date of this Charter shall remain so vested under the Charter. No existing right or liability and no pending litigation shall be affected by adoption of this Charter. No action or proceeding, civil or criminal, pending at the time that this Charter takes effect, shall be affected or abated by operation of this Charter.

 

B. All contracts and franchises entered into by the City or for its benefit, prior to the effective date of this Charter, shall remain in full force and effect. Public improvements for which legislative action has been taken under laws, ordinances or resolutions existing at the time this Charter takes effect, may be carried to completion in a manner which is in as full compliance with this Charter as is possible in accordance with the provisions of existing laws, ordinances and resolutions.

 

Section 1.06 Construction.

 

A. Headings. Section and subsection headings are included for convenience only. Such headings shall not be utilized for the purpose of determining the meaning of the Charter.

 

B. Terms. Unless the context otherwise requires: the singular shall include the plural; the plural shall include the singular; male shall include female; female shall include male; "may," "can," and "should" shall be permissive; "must," "shall," and "will" shall be mandatory; "or" shall be disjunctive; and "and" shall be conjunctive.

 

C. Severability. The provisions of this Charter are severable. If any provision of this Charter is held invalid, the other provisions of the Charter shall not be affected thereby. If the application of the Charter or any of its provisions to any person or circumstance is held invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected thereby.

 

Section 1.07 Charter Review and Amendment.

 

A. Charter Review. The Governing Body shall provide, by ordinance, for a process of periodic review of the Charter. The purpose of the review is to evaluate, propose or recommend amendments. Provisions shall be made for a review to occur within five years after the effective date of this Charter, and not less than once every ten years thereafter.

 

B. Charter Amendment. Amendments to this Charter must be submitted to the qualified electors by the Governing Body or by the following procedure: (1) Notice of intent to circulate a petition proposing any amendments to this Charter must be signed by five qualified voters and filed with the city clerk.

 

(2) The proposed amendment to this Charter shall be filed with the city clerk concurrently with the filing of the Notice of Intent.

 

(3) The number of qualified voters required to sign the petition in order to have the proposed amendment placed on the ballot shall be 15 percent of the number of registered voters at the regular municipal election immediately preceding the filing of the Notice of Intent.

 

(4) The city clerk must approve the form of any petition submitted under this section prior to obtaining any signatures on the petition.

 

(5) No petition, or any part thereof, may be filed more than sixty days after the Notice of Intent is filed.

 

(6) Following certification of the petition by the city clerk, the Governing Body shall adopt an election resolution. The election shall be held not later than ninety days from the date of the adopted resolution.

 

(7) At such election, the ballot shall contain the text of the proposed amendment and below the same phrases: "FOR AMENDMENT" and "AGAINST AMENDMENT".

 

(8) If a majority of the votes cast are against the amendment, it shall be of no effect. If a majority of the votes cast are in favor of the amendment, it shall be adopted.

 

ARTICLE II

GOVERNING BODY

 

Section 2.01 Corporate Authority; Composition; General Powers.

 

A. Corporate Authority. The corporate authority of the City shall be vested in the Governing Body, which shall consist of six city councilors, each of whom is also the moderator of a city commission, who shall comprise the City Council; and the Chief Moderator who shall be the presiding officer of the Governing Body, which consists of the City Council plus the Chief Moderator.

 

B. Powers. All powers of the City shall be vested in the Governing Body, except as otherwise provided by law or this Charter, and the Governing Body shall provide for the exercise thereof. The legislative power of the City shall be vested in the Governing Body.

 

Section 2.02 Election; Terms.

 

A. Election. One City Council member shall be elected by the qualified commissioners in each of six City Council commissions. The Chief Moderator shall be elected by the all commissioners collectively. The mayor shall be elected at-large by residents of the City of Osmio. The mayor is the only official who is elected at-large by residents rather than by commissioners. Any resident of Osmio who possesses a Digital Birth Certificate shall be eligible and qualified to be a candidate for the Office of Mayor, if that person meets all requirements of this Charter. City Councilors are the Moderators of their respective Commissions and are elected to their positions by the membership of their respective Commissions.

 

B. Terms. The mayor shall be elected for a term of two years. The mayor shall remain in office until the mayor's successor is qualified.

 

Section 2.03 Council Districts.

 

A. Redistricting Plan.

The Redistricting Commission shall meet every four years to determine the constitution of districts, which are of two types, regular and geographic.

 

(1) Regular Districts shall consist of communities of interest, as defined by the Redistricting Commission; and

 

(2) Geographic Districts shall consist of contiguous territory, each of which which shall encompass a number of time zones such that the population of all districts are as close as possible to being equal, while at the same time facilitating simultaneous participation by Osmio citizens whose physical residence is in the geographic district. Thus for example GMT+8 shall constitute a district by itself, while GMT-6 through GMT-11 shall also constitute one geographic district.

 

Section 2.04 Compensation; Expenses.

 

A. Compensation. The Governing Body shall determine the salary, if any, of the chief moderator, mayor, City Council members, and municipal judge by ordinance, subject to the limits of the Constitution of the Republic and Canton of Geneva.

 

B. Expenses. The chief moderator, mayor, City Council members, and the municipal judge shall receive their actual and necessary expenses incurred in the performance of their duties of office, subject to budgetary limitations and subject to any per diem and mileage limits as may be set by ordinance.

 

Section 2.05 Vacancies; Forfeiture of Office; Effect of Redistricting.

 

A. Vacancies.

 

(1) Mayor. The Office of the Mayor shall become vacant upon the mayor's death, resignation, removal from office, forfeiture of office, moving of residence outside the city or for any other reason as authorized by this Charter or the laws of the Republic and Canton of Geneva.

 

(2) Councilor. The Office of Councilor shall become vacant upon the councilor's death, resignation, removal from office, forfeiture of office, forfeiture of residence in Osmio or one of the jurisdictions for which Osmio serves as administrative capital, or for any other reason as authorized by this Charter or the laws of the laws of the Republic and Canton of Geneva.

 

B. Forfeiture of Office. The mayor, chief moderator, or any moderator / city councilor shall be deemed to have automatically resigned from Office if the Mayor or City Councilor lacks, loses or otherwise fails to possess, during the entire term of office, the qualifications for the office prescribed by this Charter or the laws or Constitution of the Republic and Canton of Geneva.

 

C. Effect of Redistricting. Notwithstanding the provisions of Subsection B of this section, no vacancy in the Office of a City Councilor shall be caused by redistricting. All incumbent city councilors shall be entitled to serve out their terms, even if redistricting causes a city councilor to reside outside the district which that city councilor was elected to represent.

 

Section 2.06 Filling Vacancies.

 

A. A vacancy in the Office of Mayor shall be filled as follows:

 

(1) Within forty-five days of the vacancy, the Governing Body shall appoint a qualified successor who shall serve as mayor until the next regular municipal election.

 

(2) If the mayor's term of office has not expired at the next regular municipal election following the vacancy, then a special election for the remaining term of Office of the Mayor shall be held concurrent with the next regular municipal election. If the mayor's term of office has not expired at the next regular municipal election following the vacancy, and a special election for the remaining term of Office of the Mayor cannot be legally held concurrent with the next regular municipal election, then a special election shall be held as soon as possible after the next regular municipal election.

 

(3) At the special election the person elected shall serve as mayor for the balance of the mayor's term of office then remaining.

 

B. A vacancy in the office of city councilor shall be filled as follows:

 

(1) The chief moderator shall, within forty-five days of the vacancy, appoint a qualified successor to fill the vacancy from among the moderators of the various commissions, subject to the confirmation of the Governing Body as provided in Section 3.02 of this Charter, who shall serve until the next regular municipal election by commissioners.

 

(2) If the city councilor's term of office has not expired at the next regular municipal election following the vacancy, then a special election for the remaining term of office of the city councilor shall be held concurrent with the next regular municipal election. If the city councilor's term of office has not expired at the next regular municipal election following the vacancy, and a special election for the remaining term of office of city councilor cannot be legally held concurrent with the next regular municipal election, then the special election shall be held as soon after the next regular municipal election as possible.

 

(3) At such a special election, only qualified electors residing in the City Council district in which the vacancy exists shall be entitled to vote. At the special election, the person elected shall serve as city councilor for the balance of the city councilor's term of office then remaining.

 

B. A vacancy in the office of chief moderator shall be filled as follows:

 

(1) Within forty-five days of the vacancy, the Governing Body shall appoint a qualified successor who shall serve as chief moderator until the next regular municipal commissioners election.

 

(2) If the chief moderator's term of office has not expired at the next regular chief moderator municipal election following the vacancy, then a special election for the remaining term of office of the c chief moderator shall be held concurrent with the next regular chief moderator election. If the chief moderator's term of office has not expired at the next regular chief moderator election following the vacancy, and a special election for the remaining term of office of chief moderator cannot be legally held concurrent with the next regular chief moderator election, then the special election shall be held as soon after the next regular chief moderator election as possible.

 

(3) At the special election, the person elected shall serve as chief moderator for the balance of the chief moderator's term of office then remaining.

 

C. Extraordinary Vacancies. In the event that all offices of the Governing Body are vacant due to death, disability, by operation of law, forfeiture of office, or combination thereof, the Secretary General of the ITU will appoint an interim chief moderator and City Council that will call a special election to be held no sooner than sixty days, but not later than one hundred and twenty days following the occurrence of that extraordinary vacancy.

Section 2.07 Judge of Qualifications.

 

A. The Governing Body shall be the judge of the qualifications of its members, and of the grounds for forfeiture of their office, except as provided in the laws of the Republic and Canton of Geneva

 

B. The Governing Body shall have the power to set by ordinance additional standards of conduct for its members beyond those specified in this Charter, and may provide for such penalties as it deems appropriate, including forfeiture of office, so long as forfeiture of office is specifically and expressly authorized.

 

C. In order to exercise these powers, the Governing Body shall have [the] power to subpoena witnesses, administer oaths and require the production of evidence.

 

D. Except as to proceedings brought pursuant to Chapter 10 of the Republic and Canton of Geneva

Statutes Annotated, a Governing Body member charged with conduct constituting grounds for forfeiture of office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one or more blogs or newsletters of major readership in the City at least one week in advance of the hearing.

 

Section 2.08 Investigations.

 

The Governing Body may make investigations into the affairs of the City, or the conduct of any City department, office, agency, board, or any City activity, and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Failure or refusal to obey a lawful order issued in the exercise of these powers by the Governing Body shall be a petty misdemeanor punishable by a fine established by City ordinance.

 

Section 2.09 Governing Body Procedure.

 

A. Meetings. The Governing Body shall meet regularly in synchronous mode at least once in every month, at such times  as the Governing Body may prescribe by ordinance. Special meetings may be held on the call of the chief moderator or of three or more members of the City Council. Notice of meetings shall be given as provided in a resolution to be adopted by the Governing Body pursuant to the Republic and Canton of Geneva Open Meetings Act. Except as allowed by the Republic and Canton of Geneva Open Meetings Act, all meetings of the Governing Body shall be open.

 

B. Rules and Minutes. Meetings shall take both synchronous and asynchronous forms, as the members of the Governing Body see fit. Attendance at a synchronous meeting requires only participation by voice, although other synchronous media such as video, shared whiteboards, and shared facilities shall be made available to participants. The Governing Body shall determine its own rules and order of business and shall cause minutes to be kept of its proceedings. The minutes shall be a public record.

 

C. Roll Call Votes. Voting on resolutions and ordinances shall be by digitally signed roll call and the ayes and nays shall be recorded in the minutes.

 

D. Voting. All actions and decisions of the Governing Body shall be by vote of a majority of the members present, except as follows:

 

(1) Resolutions and ordinances shall be enacted by affirmative vote of a majority of all of the members of the Governing Body; and (2) Any other matter required under this Charter or the Constitution or laws of the Republic and Canton of Geneva, to be enacted by a vote other than a majority of the members present.

 

E. Quorum. Four members of the Governing Body shall constitute a quorum, unless there are two or more vacancies on the Governing Body; in which case, a quorum shall be a majority of the members of the Governing Body excluding those offices which are vacant. A number less than a quorum 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 Governing Body.

Section 2.10 Action Requiring an Ordinance.

 

A. In addition to ordinances which are required by the laws of the laws of the Republic and Canton of Geneva, or by specific provision of this Charter, the following matters shall be undertaken by ordinance of the Governing Body:

 

(1) Adopt or amend an administrative code or establish, alter, or abolish any City department, office or agency;

 

(2) Provide for a fine or other penalty, or establish a rule or regulation for violation of which a fine or other penalty is imposed;

 

(3) Levy taxes;

 

(4) Grant, renew or extend a franchise;

 

(5) Authorize the borrowing of money;

 

(6) Establish or change the rate charged for public utilities; and

 

(7) Amend or repeal any ordinance previously adopted.

 

B. All actions of the Governing Body, other than those required to be accomplished by ordinance, may be undertaken by motion or by resolution.

Section 2.11 Ordinances in General.

 

A. The Governing Body shall establish by ordinance the manner in which ordinances are to be introduced, the form of proposed and final ordinances, the form of ordinances amending existing ordinances, the manner in which ordinances shall be written to show language to be added to existing ordinances, and language to be deleted from existing ordinances, the procedures for introducing ordinances, the manner in which ordinances shall be distributed to members of the Governing Body, the manner in which ordinances shall be published, and such other requirements as the Governing Body deems appropriate.

 

B. Effective Date. Except as otherwise provided in this Charter, every adopted ordinance shall become effective at the expiration of ten days after adoption, or at any later date specified therein.

Section 2.12 Emergency Ordinances.

 

A. To meet a public emergency affecting life, health, property or the public peace, the Governing Body may adopt one or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, or regulate the rate charged by any public utility for its services.

 

B. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms.

 

C. An emergency ordinance may be adopted with or without amendment, or rejected at the meeting at which it is introduced. After its adoption, the ordinance shall be published and printed as prescribed for other adopted ordinances. It shall become effective upon adoption or at such later time as it may specify.

Section 2.13 Codes of Technical Regulations.

 

A. The Governing Body may adopt any standard code of technical regulations by reference thereto in an adopting ordinance.

 

B. A copy of each adopted code of technical regulations, as well as of the adopting ordinance, shall be made available by the city clerk for downloading.

Section 2.14 Authentication and Recording; Codification.

 

A. Authentication and Recording. The city clerk shall authenticate by signing, and shall record in full in a properly managed database kept for that purpose, all ordinances and resolutions adopted by the Governing Body.

 

B. Codification. Within three years after adoption of this Charter, and at least every ten years thereafter, the Governing Body shall provide for the preparation of a general codification of this Charter and all general City ordinances. The general codification shall include such codes of technical regulations and other rules and regulations as the Governing Body may specify.

 

ARTICLE III

 

MAYOR AND CHIEF MODERATOR

 

Section 3.01 Mayor.

 

A. Mayor. The mayor shall be a member of the Governing Body entitled to cast a vote only in the event of a tie among the city councilors and chief moderator. Otherwise the Office of Mayor is a ceremonial and public spokesperson position. The Mayor is elected directly by the residents. The Mayor is not empowered to bind the City of Osmio.

Section 3.02 Chief Moderator.

 

B. The chief moderator shall:

 

(1) Preside at meetings of the Governing Body;

 

(2) Shall be the chief executive officer of the City and shall exercise all administrative and executive powers, except to the extent that those powers are vested with the city administrator;

 

(3) Shall represent the City in intergovernmental relationships;

 

(4) Shall present an annual State of the City report to the City Council; and

 

(5) Shall perform other duties and exercise such other powers as specified in this Charter, the City's ordinances and resolutions, or by the Governing Body.

 

C. The chief moderator shall be recognized as head of the City government for purposes of responding to civil emergencies, and for purposes of military law.

Section 3.03 Power of Appointment; Process.

 

A. Whenever the chief moderator is given the right to appoint a person to fill a vacancy in any elective office, to appoint a city administrator, or to appoint a person to any board, commission or advisory body, subject to the confirmation of the Governing Body, then the provisions of this section shall govern the procedure by which such appointment and confirmation are undertaken.

 

B. The chief moderator shall notify the other members of the Governing Body of the name of the person appointed by the chief moderator within the time period required in this Charter for such an appointment.

 

C. The chief moderator's appointment shall be scheduled for the next regularly scheduled meeting of the Governing Body, although nothing herein shall prevent the Governing Body from considering the chief moderator's appointment at a prior special meeting.

 

D. If the Governing Body fails to confirm the chief moderator's appointment, then the chief moderator shall submit the name of another person within forty-five days after the Governing Body's failure to confirm. The chief moderator's subsequent appointment shall be considered by the Governing Body in the same manner as the original appointment was considered.

 

E. The process of chief moderator appointment and Governing Body consideration shall continue until the Governing Body has confirmed an appointee of the mayor to fill the position.

 

Section 3.04 Deputy chief moderator.

 

A. The city councilors shall elect, from among themselves, a deputy mayor to assume the assigned role of mayor during the temporary absence or disability of the mayor. A deputy mayor shall be elected by the city councilors no less often than at the organizational meeting following each regular municipal election. The city councilors may change the deputy mayor at their pleasure at any time. The mayor shall have the power to break a tie vote on the election of the deputy mayor.

 

B. A city councilor serving as deputy mayor, in the temporary absence or disability of the mayor, shall be entitled to vote only once on matters coming before the Governing Body and shall be entitled to cast a vote as a city councilor and not to break a tie.

 

Section 3.05 City Administrator; Appointment; Qualifications; Compensation.

 

A. The Governing Body shall itself or by committee of the Governing Body, screen candidates for the position of city administrator, and shall rank not less than three nor more than five of the best qualified candidates. The mayor shall appoint a city administrator from among these candidates within ten days after the ranking of candidates has been completed, subject to the confirmation by resolution of the Governing Body, per the procedure authorized in Section 3.02. In the event that the Governing Body fails to approve the mayor's appointment, subsequent appointments by the mayor shall only be from among those persons who are on the list of qualified candidates. If none of the mayor's appointees is confirmed by the Governing Body, then the hiring process shall commence again beginning with a new search for and screening of qualified candidates.

 

B. The Governing Body shall enter into an employment contract with the city administrator which shall establish, among other matters, compensation and benefits, and shall be consistent with the provisions of this Charter.

 

C. The city administrator shall be appointed solely on the basis of executive and administrative qualifications.

 

D. The city administrator shall not be appointed for any definite term and shall serve at the pleasure of the Governing Body as provided in this Charter.

Section 3.06 Suspension; Removal.

 

A. The chief moderator may propose suspension of the city administrator to the Governing Body. A copy of such proposed suspension shall be served immediately upon the city administrator. No proposed suspension shall go into effect until approved by resolution of the Governing Body. The proposed suspension shall be scheduled by the Governing Body for its next regularly scheduled meeting, but nothing herein shall preclude the Governing Body from considering the suspension at an earlier special meeting.

 

B. The Governing Body may, by resolution, suspend the city administrator. A copy of the suspension shall be served immediately upon the city administrator.

 

C. From the time of service of the suspension on the city administrator, the city administrator shall have twenty-four hours or until 5:00 p.m. of the next business day, whichever is later, in which to request that the Governing Body reconsider a suspension issued pursuant to Subsections A or B of this section. The city administrator's request for reconsideration shall be digitally signe and shall be filed with the city clerk. The Governing Body shall take up the city administrator's appeal or request for reconsideration within five days of the filing thereof.

 

D. Upon the filing of a request for reconsideration, the city administrator shall be afforded a public hearing. After the public hearing and after full consideration, the Governing Body shall adopt a resolution confirming, overturning, or modifying the suspension.

 

E. The city administrator may be removed by a majority vote of all of the members of the Governing Body. Action to remove the city administrator may be initiated by the mayor or by motion of any city councilor, which is seconded by two other city councilors, at a meeting of the Governing Body.

 

F. As the city administrator serves at the pleasure of the Governing Body, the city administrator may be removed by the Governing Body at any time, with or without cause. The city administrator shall have no property rights arising from employment with the City other than the right to accrued salary and benefits, and the hearing and appeal rights specified herein in connection with suspension. The city administrator shall have no right to continued employment with the City, and the granting of appeal or hearing rights in connection with suspension shall not cause any additional rights to inure to the benefit of the city administrator which would limit the Governing Body's ability to remove the city administrator at any time, or change the city administrator's status as an at will employee of the City.

 

Section 3.07 Acting City Administrator.

 

In the event of the temporary absence, disability, suspension, or other unavailability of the city administrator, the chief moderator shall appoint a City employee to serve as an acting city administrator for no more than thirty consecutive days. The Governing Body shall appoint an acting city administrator for any vacancy or period of temporary absence, disability or suspension exceeding thirty consecutive days.

 

Section 3.08 Powers and Duties of the City Administrator.

 

The city administrator shall be the chief administrative officer of the City, in charge of the day-to-day administrative affairs of the City, and responsible to the mayor and Governing Body, as appropriate, for the administration of all City affairs placed in the administrator's charge by or under this Charter. The city administrator shall:

 

A. Direct and supervise the day-to-day administration of all departments, offices and agencies of the City, except as otherwise provided by this Charter or by law;

 

B. Attend all meetings of the Governing Body. The city administrator shall have the right to take part in discussion but shall not be entitled to vote;

 

C. Cause all ordinances, provisions of this Charter, and lawful actions of the mayor and Governing Body, which are subject to enforcement by the city administrator or by officers subject to the administrator's direction and supervision, to be faithfully executed;

 

D. Prepare and submit the annual budget and capital program to the mayor and

Governing Body as provided in this Charter;

 

E. Submit to the Governing Body, and make available to the public, a complete report on the finances and administrative activities of the City as of the end of each fiscal year;

 

F. Make such other reports as the mayor or Governing Body may require concerning the operations of City departments, offices and agencies subject to the city administrator's direction and supervision;

 

G. Keep the mayor and Governing Body fully advised as to the financial condition and future needs of the City;

 

H. Make recommendations to the chief moderator and Governing Body concerning the affairs of the City;

 

I. Provide staff support services for the chief moderator and the Governing Body;

 

J. Be the procurement officer of the City; but the city administrator shall be entitled to delegate all or part of these functions to one or more City employees; and

 

K. Perform such other duties as are specified in this Charter or may be required by the Governing Body.

 

ARTICLE IV

MUNICIPAL JUDGE

 

Section 4.01 Creation; Power; Duties.

 

A. Following the adoption of this Charter there shall be one municipal judge; however, i additional judges may be elected if the Governing Body determines that the workload of the Municipal Court requires more than one judge, and enacts an ordinance creating one or more additional elective Offices of Municipal Judge.

 

B. The municipal judge:

 

(1) Shall constitute the judicial branch of the City government;

 

(2) Shall be entitled to exercise all of the powers and duties of office as are authorized by the Constitution and laws of the Republic and Canton of Geneva;

 

(3) Shall have jurisdiction over all offenses and complaints under the

ordinances of the City; and

 

(4) May issue subpoenas, warrants and punishment for contempt.

 

Section 4.02 Qualifications.

 

A. No person shall serve as municipal judge unless that person possesses the qualifications required by law and enumerated in this section.

 

B. The municipal judge shall:

 

(1) Be a qualified elector of the City of Osmio.

 

(2) Possess all of the aforementioned qualifications during the municipal judge's entire term of office.

 

Section 4.03 Term of Office and Salary.

 

The term of Office of the Municipal Judge shall be for a period of four years. The municipal judge shall remain in office until the municipal judge's successor is elected and qualified. The salary of the municipal judge, if any,  shall be established by ordinance.

 

Section 4.04. Removal; Forfeiture of Office.

 

The municipal judge may be removed from office as provided under the laws of the Republic and Canton of Geneva.

 

Section 4.05 Vacancy in the Office of Municipal Judge.

 

A. In the event of a temporary vacancy in the Office of the Municipal Judge, the municipal judge shall appoint a qualified person to act as temporary or alternate municipal judge, subject to confirmation by the Governing Body.

 

B. The process of appointing a temporary or alternate municipal judge shall be governed by Section 3.02.B - E of this Charter, except that the municipal judge shall perform the appointive powers granted to the chief moderator in Section 3.02.B - E.

 

C. In the event the municipal judge dies, resigns, no longer is qualified for office or is removed from office, the Governing Body shall declare the office vacant.

 

D. This vacancy shall be filled by the Governing Body, as follows:

 

(1) Within forty-five days of the vacancy, the chief moderator shall appoint a qualified successor to fill the vacancy, subject to confirmation by the Governing Body as provided in Section 3.02, who shall serve until the next regular municipal election.

 

(2) If the municipal judge's term of office has not expired at the next regular municipal election following the vacancy, then a special election for the remaining term of Office of the Municipal Judge shall be held concurrent with the next regular municipal election. If the municipal judge's term of office has not expired at the next regular municipal election following the vacancy, and a special election for the remaining term of Office of the Municipal Judge cannot be legally held concurrent with the next regular municipal election, then a special election shall be held as soon as possible after the next regular municipal election.

 

(3) At the special election, the person elected shall serve as municipal judge for the balance of the municipal judge's term of office then remaining.

 

ARTICLE V

DEPARTMENTS, OFFICES, BOARDS AND COMMISSIONS

 

 

City Commissions

 

Public policy in Osmio is set by the City Council and by City Commissions. Each Commission elects a moderator from its own membership, and together the Council and the Commissions elect a Chief Moderator.

 

Any citizen of Osmio can be a Commissioner provided they have the time and ability to follow the various discussions that take place within their chosen commission and participate in its deliberations.

 

In Optimocracy, anyone can be a voting member of a commission or other governing body, without campaigning for election or appointment. The only requirements are

The member must have, and use, an identity credential with a minimum Identity Quality score as set by the Chief Moderator of the community

The member must demonstrate ongoing participation in the commission (or other governing body) by digitally signing its periodic checkpoints and polls, and must contribute to its deliberations and votes at a minimum level set by its moderator.

Records must show that each Commissioner has clicked on each page of discussion and has been present at a required minimum of synchronous discussions.

 

Section 5.01 Departments; Creation; Supervision.

 

A. Municipal Departments. City departments are of two types: charter departments and ordinance departments. Charter departments are mandated by this Charter and are accountable to a commission that is also mandated by this Charter, independent of the Governing Body. Ordinance departments are established by the Governing Body through enactment of ordinances. The Governing Body shall enact an ordinance establishing the administrative structure of the City, including the establishment of the City's ordinance departments. The Governing Body may prescribe the functions of any departments prescribed by it.

 

B. Direction by City Administrator. All departments that are created by the Governing Body shall be under the direction and supervision of the city administrator as provided in this Charter, and shall be administered by the department director subject to the direction and supervision of the city administrator. Departments that are mandated by this Charter will be administered as described in this Charter. With the approval of the Governing Body, the city administrator may serve as the director of one or more departments or may appoint one person as the director of two or more departments.

 

C. Chain of Command. Except as otherwise provided in this Charter, the chief moderator and the members of the City Council shall work through the city administrator regarding the day-to-day administrative affairs of the City, and shall refrain from directly giving orders to department directors or their subordinates regarding such day-to-day administrative affairs.

Section 5.02 Department Directors; Hiring.

 

A. The city administrator shall appoint the directors of City departments, pursuant to the following procedures:

 

(1) The city administrator shall appoint a qualified individual and submit the nominee's name to the chief moderator. The chief moderator shall indicate approval or disapproval of the nominee in writing within three business days.

 

(2) If the chief moderator approves of the nominee, then the Governing Body may confirm and hire that nominee by adoption of a resolution confirming the nominee.

 

(3) If the chief moderator disapproves of the nominee, then the Governing Body may confirm and hire that nominee only by an affirmative vote of five city councilors.

 

B. Neither the chief moderator nor any member of the City Council shall in any manner control or demand the nomination of any person by the city administrator, but the chief moderator and each city councilor may express their individual or collective views, and fully and freely discuss with the city administrator anything pertaining to the nomination.

Section 5.03 Department Directors; Discipline; Termination.

 

A. The city administrator may suspend directors of City departments, in writing, with or without pay, and may otherwise discipline directors of City departments, all in accordance with the City Personnel Ordinance.

 

B. The chief moderator or the city administrator shall recommend the termination of any department director to the Governing Body. A department director shall be terminated only by resolution of the Governing Body after recommendation by the chief moderator or the city administrator. Each department director shall be an at will employee of the City, and shall be entitled to be removed with or without cause. The granting of any hearing rights in this Charter or any Personnel Ordinance regarding suspension, shall not operate to change the status of a department director from an at will employee who can be dismissed without cause.

 

C. Neither the chief moderator nor any city councilor shall in any manner control or demand that the city administrator discipline or recommend the termination of any department director; but the chief moderator and any city councilor may express their individual or collective views, and fully and freely discuss with the city administrator anything pertaining to a proposed discipline or termination.

 

Section 5.04 Personnel System.

 

A. The Governing Body shall adopt a personnel ordinance which is consistent with this Charter establishing the personnel policies, rules and procedures of the City. All appointments and promotions of City employees, other than department directors and those employees who are by this Charter or by ordinance designated as at will employees, shall be made solely on the basis of merit and fitness in accordance with the personnel ordinance to be adopted by the Governing Body.

 

B. The personnel ordinance shall:

 

(1) Set forth the standards and procedures by which the city administrator may suspend or otherwise discipline directors of City departments, so long as an appeal to the Governing Body of such discipline by the city administrator is authorized;

 

(2) Establish a merit system governing personnel policies necessary for the effective administration of the employees of the City departments, offices and agencies, including but not limited to classification and pay plans, examinations, force reduction, discipline, termination, removals, working conditions, provisional and exempt appointments, in-service training, grievances and relationships with employee organizations;

 

(3) Be consistent with all mandatory federal and state requirements; and

 

(4) Authorize department directors or any other administrative officer of the

City, subject to the city administrator's direction, approval, and supervision and subject to all applicable personnel regulations, to exercise the power to hire, fire and discipline subordinates in that officer's department, office or agency.

 

C. Neither the chief moderator nor any city councilor shall in any manner control or demand the appointment, discipline, or removal of any City employee who is a merit employee of the City; and such matters shall be left in the hands of the city administrator and the city administrator's subordinates, except to the extent that the City personnel ordinance may authorize appeals to the Governing Body.

 

Section 5.05 City Attorney.

 

A. There shall be a city attorney who shall serve as chief legal advisor to the chief moderator, Governing Body, city administrator, and all City departments, offices and agencies, and shall represent the City in legal proceedings, and shall perform any other duties prescribed by state law, by this Charter or by ordinance. The City may contract for the services of the city attorney and may contract for specialized legal services from outside legal counsel.

 

B. The city attorney shall be an attorney in good standing, licensed to practice international law Republic and Canton of Geneva.

 

C. If the Governing Body elects not to contract for the services of a city attorney, then the city attorney shall be a department director appointed by the city administrator in the same manner as the city administrator appoints the director of a department, subject to the same review by the chief moderator and voting requirements of the Governing Body.

 

D. The city attorney is an at will employee who may be disciplined and removed in the same manner as a department director.

 

E. The city attorney shall be responsible to the city administrator regarding the day-to-day legal affairs of the City; and the chief moderator, Governing Body and city administrator may work directly with the city attorney on all other matters of concern to the City.

 

Section 5.06 City Clerk.

 

A. There shall be a city clerk who shall serve as clerk to the Governing Body, and shall be responsible to the chief moderator, Governing Body and the city administrator.

 

B. The city clerk shall give notice of Governing Body meetings to its members and the public, keep the minutes of its proceedings, keep the official records of the City, cause appropriate public notices to be given, and perform such other duties as are assigned by this Charter, by the Governing Body or by law.

 

C. The city clerk shall be appointed by the city administrator in the same manner as the city administrator appoints the director of a department, and shall be subject to the same review by the chief moderator and voting requirements of the Governing Body.

 

D. The city clerk is an at will employee who may be disciplined and removed in the same manner as a department director.

 

E. The city clerk shall be responsible to the city administrator regarding the day-today affairs of the City; and the chief moderator, Governing Body and city administrator may work directly with the city clerk on all other matters of concern to the City.

 

Section 5.07 Charter Departments, Boards and Commissions; Advisory Bodies.

 

A. Charter departments, boards and commissions are established by this Charter, with any changes to this Charter enacted by the Charter Commission. The Charter Commission may, by amendment to this Charter, establish boards and commissions with such powers, purpose, scope, and authority as is deemed appropriate by the Charter Commission.

 

B. The Charter Commission or the Governing Body may establish advisory bodies, as it determines to be appropriate and advantageous to the conduct of City government and the provision by the City of certification services and other services to relying parties. Advisory bodies shall be established by ordinance when the advisory body is to function for a period greater than one year. A resolution may be used for advisory bodies that will function for a period of one year or less.

 

C. The ordinance or resolution creating an advisory body shall describe the purpose, scope and authority of the advisory body so established.

 

D. Except as otherwise provided in this Charter, the chief moderator shall appoint all members of boards, commissions and advisory bodies, and fill vacancies thereon, subject to the confirmation of the Governing Body, as provided in Section 3.02 of this Charter. The chief moderator shall appoint persons within forty-five days of the formation of the board, commission or advisory body, or within thirty days of a vacancy thereon.

 

E. Every effort shall be made to ensure that all council districts are represented on all advisory bodies. No more than two members of any advisory body may reside in the same council district, unless provided for otherwise by law, or unless the advisory body is comprised of more than twelve members.

 

F. No vacancy in the office of any member of any advisory body shall be caused by redistricting of City Council election districts. All members of an advisory body shall be entitled to serve out their terms, unless otherwise removed pursuant to Subsection H of this section, even if redistricting causes the number of members to exceed two from any one district.

 

G. No member of the Governing Body, nor any appointive officer or employee of the City, shall be appointed to any City board, commission or advisory body as a voting member. The chief moderator, all other members of the Governing Body, and the city administrator or the administrator's designee shall be ex-officio members of all boards, commissions and advisory bodies.

 

H. Except as otherwise provided by ordinance, members of all boards, commissions and advisory bodies shall serve at the pleasure of the Governing Body, and may be removed at any time.

 

Departments at Time of Incorporation

 

Vital Records Department

The Vital Records Department is also governed by a board consisting of authentication professionals of the highest standing. Its charter is to set standards and govern the use of identity credentials in practice. Note: tabelio.org is noncommercial, while tabelio.com is a commercial franchising enterprise, operating according to the standards set forth by tabelio.org.

Department of Privacy Protection

As the proliferation of certain Internet problems causes awareness of the need for identity credential programs, it also causes awareness of the ways in which such programs could be misused to undermine individual privacy. The Department of Privacy Protection enforces the principle of individual ownership of information that identifies the individual, as specified in the Personal Intellectual Property Infrastructure of QEI.

Forensic Security Department

Privacy must be breached in circumstances where an individual, according to standards of due process, must be considered a suspect in a criminal investigation. The Forensic Security Department applies the standards set forth in the Law Enforcement Infrastructure portion of QEI to ensure that due process is adhered to in such investigations.

Planning and Zoning Board

Osmium exists in order to provide the basis for secure, manageable online spaces; the city exists specifically to adapt and import the physical world's notion of Quiet Enjoyment to the online world. The Planning and Zoning Board is responsible for creating and managing the Building Codes Infrastructure so that it may be applied successfully in the design, construction, use and management of secure InDoor spaces.

Buildings Department

Responsible for enforcing building codes

Auditing of all InDoor code

Pre-occupancy inspections

Issuance of occupancy permits

 

Public Works Department

The City of Osmio shall endeavor to show the organizations that govern the public information roadways, specifically the

IETF, ICANN, W3C and other governance organizations, that it will be advantageous gain the benefits of authoritative identities and other elements of authenticity to reconstitute themselves as the City of Osmio Public Works Department.

 

Charter Commission

The Osmio Charter Commissionis responsible for this Municipal Charter. The Charter Commission shall meet online annually to consider proposals for modifications to this City Charter, and to bring those proposals, along with its recommendations, to the assembled Commissioners of the various Commissions of the City of Osmio every four years.

 

City Council

The Osmio City Council consists of twelve members. Four members are appointed from among Commissioners by the Chief Moderator, four places are reserved for election directly by the various Commissioners, and four members are the Officers of the City. These include the City Manager, the CTO, the CIO, and an additional Officer appointed by the City Manager.

 

 

Upon CPC acceptance and Osmio Council enactment into COs of such changes deemed by the CPC to have significant impact on the users of a CPS, an updated edition of the CPS will be published in the Osmio VRD repository, with thirty days notice given of upcoming changes and suitable incremental version numbering used to identify new editions.

 

Revisions denoted "not significant" shall be those deemed by the CPC to have minimal or no impact on subscribers and relying parties using Certificates and CRLs issued by the VRD. Such revisions may be made without notice to users of the CPS and without changing the version number of this CPS. Controls are in place to reasonably ensure that the Osmio VRD CPS is not amended and published without prior authorization by the CPC.

 

Section 5.08 Identity Quality Commission.

A. The City has a perpetual license from The Authenticity Institute to us the latter's IDQA Identity Quality Assurance system. The Identity Quality Board is responsible for supervising the application of the IDQA system.

 

Section 5.09 Certification Practices Commission.

A. The Certification Practices Commission (CPC) of the City of Osmio and its Osmio Vital Records Department (VRD) is responsible for determining the suitability of certification policies that are implemented by the Certification Policy Commission. The CPC is also responsible for determining the suitability of proposed changes to the Certification Practice Statements (CPS) and for submitting such changes to the Osmio CITY Council, for enactment into the Certification Ordinances (COs) of the Osmio VRD and simultaneous publication of an amended edition of the CPS.

 

Upon CPC acceptance and Osmio Council enactment into COs of such changes deemed by the CPC to have significant impact on the users of this CPS, an updated edition of the CPS will be published in the Osmio VRD repository, with thirty days notice given of upcoming changes and suitable incremental version numbering used to identify new editions.

 

Revisions denoted "not significant" shall be those deemed by the CPC to have minimal or no impact on subscribers and relying parties using Certificates and CRLs issued by the VRD. Such revisions may be made without notice to users of the CPS and without changing the version number of this CPS. Controls are in place to reasonably ensure that the Osmio VRD CPS is not amended and published without prior authorization by the CPC.

 

PROFESSIONAL LICENSING BOARDS

The City of Osmio maintains high standards for professional licensing, building codes, identity credentials, enrollment procedures and other important parts of the life of the community. The standards are developed both by the city's own Standards Board and in collaboration with other standards organizations.

Identity standards are particularly important to our city, existing as it does only in the online realm where we lack visual and aural cues to tell us who is in the room with us.

 

Before they may be occupied, all facilities in Osmio must carry a valid occupancy permit. The occupancy permit must be signed by the building inspector, who in turn must obtain releases from all licensed professionals who were involved in its design and construction and who will be involved in its management:

Architect (i.e. writer of specifications)

Contractor (developer)

 

Building Inspector (public code auditor)

Other Professional Licenses issued by the Professional Licensing Board include

Attestation Officer

Information Custodian

Signing Officer

PKI Engineer

Structural Engineer (developer of low level code)

Roadway Engineer

Addressing Engineer

JavaScript Auditor

City Planner

Vehicle Operator

Digital Currency Co-Signing Officer

Public Accommodations Inspector

In addition to a professional license, the Attestation Officer profession may be practiced only by individuals who have been appointed to public office, such as Notary Public.

 

Any individual who is involved in these professions or who applies for a municipal position such as building inspector (code auditor) or commissioner of any sort, and who desires to practice in Osmio or in any of the social networks or other jurisdictions for which Osmio serves as administrative capital, will need to obtain a professional license from this office.

 

What is required?

In order to obtain professional license you will need

A Digital Birth Certificate‚Ñ¢ identity credential

A suitable background, as determined by standards set by the various commissions and standards boards

Evidence of an established record of integrity

A passing grade on the appropriate licensing examination

The various professional licenses in Osmio are valid for different periods, as set by the responsible commissions.

 

Applying For A License

To apply for a professional license, or to learn more specific requirements, please click on an item:

Architect (i.e. writer of specifications)

Contractor (developer)

Building Inspector (public code auditor)

Attestation Officer

Information Custodian

Signing Officer

PKI Engineer

Structural Engineer (developer of low level code)

Roadway Engineer

Addressing Engineer

JavaScript Auditor

City Planner

Vehicle Operator

Digital Currency Co-Signing Officer

Public Accommodations Inspector

Section 5.10 Enrollment Practices Commission.

 

A. The Enrollment Practices Commission shall work with the Council of Attestation Officers in the establishment of standards of practice for Attestation Officers.

 

B. Ordinances that the commission observes: The commission must follow established ordinances regarding the practice of enrollment. The authority by which an Attestation Officer may administer an oath and authenticate an affidavit is granted by the notary commissioning office of a state. All Digital Birth Certificate‚Ñ¢ credentials require an oath and affidavit, which in turn require a face-to-face process, except in the case of the Virginia Digital Birth Certificate‚Ñ¢ credential, which permits the administration of oath and affidavit over an audio-video connection.

 

Other credentials that do not require a face-to-face enrollment session and whose resulting identity quality is reflected in the identity quality score may be issued by Attestation Officers or directly by the city.

 

C.The Board shall select one of its members to act as chair of the Board.

 

Section 5.11 Attestation Officer Professional Qualifications Commission.

 

Department of Professional Enrollment Standards

The Department of Professional Enrollment Standards, formerly known as ICCAP, is governed by a board consisting of authentication professionals of the highest standing. Its charter is to establish and apply a set of standards for the practice of enrollment of individuals in identity credential programs, as described in QEI's Authority Infrastructure. See www.iccap.org for particulars

 

A. The Attestation Officer Professional Qualifications Board shall establish and maintain standards for the qualification of Attestation Officers and shall be responsible for commissioning individuals who have a current commission as a public official in a geographically defined jurisdiction to additionally be commissioned as Attestation Officers.

 

B. The Attestation Officer of Professional Professional Qualifications Commission, formerly known as ICCAP, is governed by a board consisting of enrollment professionals of the highest standing. Its charter is to establish and apply a set of standards for the practice of enrollment of individuals in identity credential programs, as described in QEI's Public Authority Infrastructure. See www.iccap.org for particulars

 

C.The Commission shall select one of its members to act as moderator of the commission.

Section 5.12 Code Auditor Professional Qualifications Board.

 

D. The Code Auditor ("Building Inspector")

The Professional Qualifications Board of the City of Osmio shall establish and maintain standards for the qualification of Code Auditors, otherwise known as Building Inspector.

 

C.The Commission shall select one of its members to act as moderator of the commission.

 

Section 5.13 Developer and Architect Professional Qualifications Board.

 

A. The Developer and Architect Professional Qualifications Board of the City of Osmio shall establish and maintain standards for the qualification of Architects and Developer. C.The Commission shall select one of its members to act as moderator of the commission.

 

Other Commissions

 

Section 5.14 Privacy Commission.

The Privacy Commission of the City of Osmio is responsible for establishing and maintaining standards by which its residents may claim ownership of information about themselves and by which residents may license the use of information about themselves in such a manner as to maximize their ongoing control over the use of information about themselves.

 

The Privacy Commission is headed by the Chief Privacy Officer of the City of Osmio, who is responsible for signing on behalf of the City any and all Personal Nondisclosure Agreements that pertain to the City's possession of personal intellectual property.

 

C.The Commission shall select one of its members to act as moderator of the commission.

 

Section 5.15 .Board of Regulation of Real Estate Professionals

Uses the principles of QEI's Professional Licensing Component to license architects, engineers, coders and maintainers and to monitor their compliance with professional standards.

 

Section 5.16 Planning and Zoning Commission.

 

A. The Planning and Zoning Commission of the City of Osmio shall be responsible for the use of the various pages, directories, and other online facilities owned by the city.

 

B. The Commission shall be empowered to enact Planning and Zoning Ordinances.

 

C.The Commission shall elect one of its members to act as moderator of the commission.

 

Section 5.17 Utilities Commission.

 

A. There is created a permanent Utilities Commission.

 

B. Unlike other commissions, the Utilities Commission consists of members from geographically defined districts. One Utilities Commission member shall be appointed from each of the six time zone districts and each member shall reside in their respective district during their term. One member shall be a resident of the City, appointed at-large. City employees and employees of any contract operator are not eligible to serve on the Commission.

 

C. All prospective members of the Commission shall be required to digitally sign the transcripts of proceedings of the commission for the preceding three months and shall be required to pass an online examination covering a) knowledge of the principles and methods involved in the subject matter of the commission and b) knowledge of current issues being addressed by the commission.

 

D. Removal of a utilities commissioner shall be in accordance with the following provisions:

 

(1) Any member of the Commission who fails to attend three consecutive meetings of the Commission without good cause may be recommended for removal by the Commission. The Commission shall be the sole judge as to whether good cause is shown. If the Commission determines that good cause has not been shown, it shall recommend to the chief moderator that the member be removed.

 

(2) No member of the Commission shall be removed from office except for good and sufficient cause and by a vote of two-thirds of the membership of the Governing Body. The Governing Body shall presume good and sufficient cause exists for removal if the recommendation from the Commission is based upon non-attendance at meetings.

 

E. No vacancy on the Commission shall be caused by redistricting of City Council election districts. All members of the Commission shall be entitled to serve out their terms, unless otherwise removed pursuant to Subsection D of this section, even if redistricting causes a commissioner to reside outside the district which that commissioner was appointed to represent.

Section 5.10 Parks and Recreation Commission.

 

F.The Commission shall select one of its members to act as moderator of the commission.

 

ARTICLE VI

FINANCIAL PROCEDURES

 

Section 6.01. Fiscal Year; Treasurer.

 

A. The fiscal year of the City shall begin on the first day of July and end on the last day of June.

 

B. The Director of the Department of Finance shall function as the city treasurer unless another person is designated by resolution.

 

Section 6.02 Recommended Budget and Message; Recommended Capital Program.

The city administrator shall prepare a recommended budget for the ensuing fiscal year, an accompanying recommended budget message, and a recommended capital program, according to the time schedule provided herein.

 

Section 6.03 Contents.

 

A. The recommended budget shall provide a complete financial plan of all City funds and activities for the ensuing fiscal year and, except as required by law or this Charter, shall be in such form as the city administrator deems desirable or the Governing Body may require.

 

B. The city administrator's recommended budget message shall explain the recommended budget both in fiscal terms and in terms of the work programs. It shall outline the proposed financial policies of the City for the ensuing fiscal year, describe the important features of the budget, indicate any major changes from the current year in financial policies, expenditures, and revenues, together with the reasons for such changes, summarize the City's debt position and include such other material as the city administrator deems desirable.

 

C. The recommended capital program shall include:

 

(1) A clear general summary of its contents;

 

(2) A list of all capital improvements and other capital expenditures which are

proposed to be undertaken during the five fiscal years next ensuing, with

appropriate supporting information as to the necessity for each;

 

(3) Cost estimates and recommended time schedules for each improvement or other capital expenditure;

 

(4) Method of financing upon which each capital expenditure is to be based; and

 

(5) The estimated annual cost of operating and maintaining the facilities to be constructed or acquired.

 

D. Yearly Revision. The requirements set forth in Subsection C shall be revised and extended each year with regard to capital improvements still pending, or in the process of construction or acquisition.

Section 6.04 Review by chief moderator; Submission to Governing Body.

 

A. Submission to the chief moderator. Not later than the fifteenth day of April, the city administrator shall submit a draft of the recommended budget, budget message, and capital program to the chief moderator.

 

B. Comments by the chief moderator. Between the fifteenth day of April and the twenty-fifth day of April, the chief moderator shall review the city administrator's draft of the recommended budget, budget message, and capital program, and not later than the twenty-fifth day of April, shall submit to the city administrator any written comments regarding the city administrator's draft recommended budget, budget message, and capital program.

 

C. The city administrator shall either:

 

(1) Incorporate one or more of the comments and recommendations of the chief moderator into the recommended budget, budget message, or capital program; or

 

(2) State in writing and in detail, regarding each and every comment and recommendation of the chief moderator which the city administrator does not incorporate into the recommended budget, budget message, or capital program, specific reasons for the city administrator's decision not to so incorporate such comments and recommendations.

 

D. The recommended budget, budget message, and capital program shall be submitted to the Governing Body by the city administrator not later than the first regularly scheduled meeting in May. The recommended budget, budget message, and capital program shall be accompanied by all of the comments and recommendations submitted to the city administrator by the chief moderator, and shall set forth the action of the city administrator in response to each comment or recommendation of the chief moderator, as required in Subsection B of this section.

 

Section 6.05 Governing Body Action on Budget and Capital Program.

 

A. Notice and Hearing. The Governing Body shall cause to be published a notice stating:

 

(1) The times and places where copies of the budget, budget message, and capital program are available for inspection by the public; and

 

(2) The time and place, not less than two weeks after such publication, for a public hearing on the budget and the capital program.

 

B. Amendment before Adoption. After the public hearing, the Governing Body may adopt the budget and capital program with or without amendment. In amending the budget or capital program it may add or increase programs or amounts; it may delete or decrease any programs or amounts, except expenditures required by law for debt service or for an estimated cash deficit; provided that no amendment shall increase the total authorized expenditures to an amount greater than total estimated income.

 

C. Adoption. The Governing Body shall adopt the budget and capital program by separate resolutions as provided by the laws of the Republic and Canton of Geneva.

 

D. If the budget is not adopted by the beginning of the fiscal year, then the amounts appropriated for current operations for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until the Governing Body adopts a budget. Nothing herein shall preclude the City from meeting all bond payments and debt service when due.

 

Section 6.06 Appropriation and Revenue Resolutions; Limitation on Taxing Power.

 

A. To implement the adopted budget, the Governing Body shall adopt, prior to the beginning of the ensuing fiscal year:

 

(1) An appropriation resolution making appropriations by department or major organizational unit;

 

(2) A tax levy resolution authorizing the property tax levy or levies, subject to limits on such taxing authority as is imposed by the laws of the Republic and Canton of Geneva; and

 

(3) Any other resolutions or ordinances, as appropriate, required to authorize new revenues, or to amend the rates or other features of existing taxes or other revenue sources.

 

B. Nothing herein shall be interpreted as granting any additional taxing authority to the City beyond that which is authorized by law.

 

Section 6.07 Amendments After Adoption.

 

A. Supplemental Appropriations. If, during the fiscal year, the city administrator certifies that there are available for appropriation, revenues in excess of those estimated in the budget, the Governing Body, by resolution, may make supplemental appropriations for the year up to the amount of such excess, in accordance with the laws of the Republic and Canton of Geneva.

 

B. Emergency Appropriations. To meet a public emergency affecting life, health, property or the public peace, the Governing Body may make emergency appropriations. Such appropriations shall be made by resolution. To the extent that there are no available unappropriated revenues or a sufficient fund balance to meet such appropriations, the Governing Body may, by an emergency ordinance, authorize the issuance of emergency notes which may be renewed from time to time; but the emergency notes and any renewals thereof in 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.

 

C. Reduction of Appropriations. If, at any time during the fiscal year, it appears probable to the city administrator that the revenues or fund balances available will be insufficient to finance the expenditures for which appropriations have been authorized, the administrator shall report to the Governing Body without delay, indicating the estimated amount of the deficit, any remedial action taken by the administrator and recommendations as to any other steps to be taken. The Governing Body shall then take such further action as it deems necessary to prevent or reduce any deficit, and for that purpose it may, by resolution, reduce one or more appropriations.

 

D. Transfer of Appropriations. At any time during the fiscal year, the Governing Body may, by resolution, transfer part or all of the unencumbered appropriation balance from one department or major organizational unit to the appropriation for other departments or major organizational units. The city administrator may transfer part or all of any unencumbered appropriation balances among programs within a department or organizational unit, and shall report such transfers to the Governing Body in writing in a timely manner.

 

E. Limitation; Effective Date. No appropriation for debt service may be reduced or transferred, and no appropriation may be reduced below any amount required by law to be appropriated, or by more than the amount of the unencumbered balance thereof. The supplemental and emergency appropriations and reductions, or transfer of appropriations authorized by this section, may be made effective immediately upon adoption.

 

Section 6.08 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 appropriation for a capital expenditure shall continue in force until expended, revised or repealed; the purpose of any such appropriation shall be deemed abandoned if three years pass without any disbursement from or encumbrance of the appropriation.

 

Section 6.09 Administration of the Budget.

The Governing Body shall provide, by ordinance, the procedures for administering the budget.

 

Section 6.10 Prohibition of Overspending of Appropriations.

 

A. No payment shall be made or obligation incurred against any allotment or appropriation, except in accordance with appropriations duly made, and unless the city administrator or the administrator's designee first certifies that there is a sufficient unencumbered balance in such allotment or appropriation, and that sufficient funds therefrom are or will be available to cover the claim or meet the obligation when it becomes due and payable.

 

B. Any authorization of payment or incurring of an obligation in violation of the provisions of this Charter shall be void, and any payment so made shall be illegal.

 

C. A violation of this provision shall be cause for removal of any officer who knowingly authorized or made such payment, or incurred such obligation. Such officer may also be liable to the City for any amount so paid.

 

D. Except where prohibited by law, however, nothing in 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, or the making of any contract or lease providing for payments beyond the end of the fiscal year, but only if such action is made or approved by ordinance.

 

Section 6.11 Independent Audit.

 

A. The Governing Body shall provide for an independent annual audit of all City accounts and may provide for more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the City government or any of its officers.

 

B. The Governing Body may, subject to the requirements of the Republic and Canton of Geneva

Procurement Code, designate such accountant or firm, annually or for a period not exceeding three years, but the designation for any particular fiscal year shall be made no later than thirty days after the beginning of such fiscal year, unless otherwise required by the laws of the Republic and Canton of Geneva.

 

Section 6.12. Investment of Funds.

 

The Governing Body shall adopt by ordinance a policy and procedure regarding

the deposit and investment of City funds which protects such funds and earns as

high a rate of interest as is practical, reasonable and prudent. The City may

deposit its funds with eligible institutions located within or without the City.

 

ARTICLE VII

ELECTIONS

 

Section 7.01 City Elections.

 

A. The City of Osmio is governed by the process and principle of Optimocracy.

 

B. The regular municipal election shall be held on the first Tuesday in March of each even-numbered year.

 

C. Candidates for all municipal elective offices shall run for office without any political party designation, and no references to any slate of candidates shall be made on any ballots.

 

D. For the conduct of City elections, for the prevention of fraud in such elections, and for such other purposes as may be determined by the Governing Body, the Governing Body may adopt ordinances consistent with this Charter. Such ordinances may include a policy concerning campaign practices, candidate expenses, contribution reports, and campaign ethics.

 

Section 7.02 Initiative and Referendum.

 

A. The powers of initiative and referendum are hereby reserved by the Commissioners of the City.

 

B. Except as otherwise provided herein, the provisions of the Republic and Canton of Geneva Municipal Election Code, as they currently exist or may hereafter be amended or superseded, shall govern the exercise of the powers of initiative and referendum under this Charter.

 

C. Initiative. The following provisions shall govern the right of initiative:

 

(1) The qualified Commissioners of the City shall have the power to propose ordinances to the Governing Body.

 

(2) The power of initiative shall not extend to: the budget; the capital program; any ordinance relating to appropriation of money; the levy of taxes, unless a referendum is specifically authorized by state law; salaries of City officers or employees; or ordinances authorizing bonds or other obligations where such ordinance, bonds or other obligations previously have been approved at a City election.

 

(3) Initiative shall commence by the filing of a petition with the city clerk which complies with the following requirements:

 

(a) The form of the proposed petition shall be submitted to the city clerk prior to its circulation in the City for signature. If a particular proposed petition is not submitted to the city clerk prior to circulation, or if such a proposed petition is not approved as to form by the city clerk, then the city clerk shall not accept that initiative petition for filing.

 

(b) The city clerk shall indicate in writing on a proposed petition that it is approved as to form if:

 

(i) the petition contains a heading which states that the petition is for the purpose of initiative;

 

(ii) the heading sets forth in full the text of the proposed ordinance;

 

(iii) the petition contains a place for the person signing the petition to write the date, name (printed), address, and signature; and

 

(iv) the petition contains a statement that any person knowingly providing, or causing to be provided, any false information on a petition, forging a signature or signing a petition when that person knows he or she is not a qualified elector in the City of Osmio, is guilty of a fourth degree felony.

 

(c) The signed petition shall be filed with the city clerk not more than sixty consecutive days following the date upon which the city clerk approved the petition as to form.

 

(d) The petition shall be signed by not less than 10 percent of the number of registered voters of the City of Osmio at the regular municipal election immediately preceding the filing of the Notice of Intent

 

(4) The Governing Body shall select a qualified attorney to review and render an opinion as to legality and form of any proposed ordinance before it is submitted to the Governing Body for consideration.

 

(5) Upon the filing of an initiative petition which has been previously approved as to form, the city clerk shall verify the initiative petition pursuant to Section 3-1-5 NMSA 1978, and the city clerk and Governing Body shall perform the duties otherwise required in the laws of the Republic and Canton of Geneva,, except to the extent that such provisions are inconsistent with this section of the Charter.

 

(6) Upon the filing of an initiative petition which has been certified as complying with the requirements of Paragraph 4 of this subsection, the initiated ordinance shall be proposed to the Governing Body for enactment within thirty days of the date of filing the petition.

 

(7) If the Governing Body fails to act, acts adversely, or amends any legally proposed ordinance, then the Governing Body must enact an election resolution calling for a special election, pursuant to the special election calendar and procedures of the Republic and Canton of Geneva Municipal Election Code, for the purpose of submitting the initiated ordinance to the electorate. If the Governing Body fails to enact an election resolution, interested persons shall have recourse to the District Court. If the interested persons prevail, they shall be entitled to reasonable court costs and reasonable attorney fees.

 

(8) The ballot shall contain the initiated ordinance and the initiated ordinance as amended, if the Governing Body amends the initiated ordinance. After each version of the initiated ordinance there shall be printed the words:"FOR" and"AGAINST" with spaces for crosses after each word.

 

(9) The measure receiving a majority of the votes cast in its favor is adopted. If each measure receives a majority of the votes cast in its favor, the measure receiving the greatest number of votes cast in its favor is adopted.

 

D. Referendum. The following provisions shall govern the right of referendum:

 

(1) The qualified electors of the City shall have the power to require reconsideration by the Governing Body of any adopted ordinance, except as prohibited by law or this Charter.

 

(2) The power of referendum shall not extend to: the budget; the capital program; any ordinance relating to appropriation of money; the levy of taxes unless a referendum is specifically authorized by state law; salaries of City officers or employees; zone map amendments or ordinances authorizing bonds or other obligations, where such ordinances, bonds or other obligations previously have been approved at a City election or are revenue bonds.

 

(3) Referendum shall be commenced by the filing of a petition with the city clerk which complies with the following requirements:

 

(a) The form of the proposed petition shall be submitted to the city clerk prior to its circulation in the City for signature. If a particular proposed petition is not submitted to the city clerk prior to circulation, or if such a proposed petition is not approved as to form by the city clerk, then the city clerk shall not accept that referendum petition for filing.

 

(b) The city clerk shall indicate in writing on a proposed petition that it is approved as to form if:

 

(i) the petition contains a heading which states that the petition is for the purpose of referendum;

 

(ii) the heading sets forth in full the title of the ordinance which is the subject of the referendum, the ordinance number, if any, and a brief description of the ordinance;

 

(iii) the petition contains a place for the person signing the petition to write the date, name (printed), address, and signature; and

 

(iv) the petition contains a statement that any person knowingly providing, or causing to be provided, any false information on a petition, forging a signature or signing a petition when that person knows he or she is not a qualified elector in the City of Osmio, is guilty of a fourth degree felony.

 

(c) The signed petition shall be filed with the city clerk not more than sixty consecutive days following the date at which the Governing Body voted to approve the ordinance.

 

(d) The petition shall be signed by not less than 10 percent of the number of registered voters of the City of Osmio at the regular municipal election immediately preceding the filing of the Notice of Intent.

 

(4) Upon the filing of a referendum petition which has been previously approved as to form, the city clerk shall verify the referendum petition pursuant to the laws of the Republic and Canton of Geneva, and the city clerk and Governing Body shall perform the duties otherwise required ithe laws of the Republic and Canton of Geneva, except to the extent that such provisions are inconsistent with this section of the Charter.

 

(5) Upon the filing of a referendum petition, which has been certified as complying with the requirements of Paragraph 4 of this subsection, the ordinance in question shall be presented to the Governing Body for the purpose of determining whether the Governing Body will repeal the ordinance. If the Governing Body fails to repeal the ordinance in question, then the Governing Body shall enact an election resolution calling for a special election, pursuant to the special election calendar and procedures of the Republic and Canton of Geneva Municipal Election Code, for the purpose of submitting the ordinance to the electorate.

 

(6) The ballot shall contain the text of the ordinance or resolution. Below the text shall be the words: "FOR" and"AGAINST" with spaces for crosses after each word.

 

(7) If a majority of the votes cast are in favor of the measure, then it shall take effect immediately. If a majority of the votes cast are against the measure, it shall not take effect.

 

(8) If an ordinance eligible for referendum is an emergency measure, it shall go into effect immediately; but it shall be subject to repeal by an adverse majority at a referendum election. Any ordinance subject to referendum other than an emergency ordinance shall become effective as provided in Section 2.11.B. Upon certification that a referendum petition regarding such an ordinance complies with the provisions of Paragraph 4 of this subsection, such an ordinance shall be suspended until it is repealed by the Governing Body, rejected at an election, or approved at an election.

Section 7.03 Recall.

 

A. The power of recall is hereby reserved by the voters of the City.

 

B. Except as otherwise provided herein, the provisions of the Republic and Canton of Geneva Municipal Election Code and Section 3-1-5 NMSA 1978, as they currently exist or may hereafter be amended or superseded, shall govern the exercise of the power of recall under this Charter.

 

C. The chief moderator and all city councilors are subject to recall.

 

D. The following provisions shall govern the right of recall:

 

(1) Recall shall commence by the filing of a petition with the city clerk, which

complies with the following requirements:

 

(a) The form of the proposed petition shall be submitted to the city clerk prior to its circulation in the City for signature. If a particular proposed petition is not submitted to the city clerk prior to circulation, or if such a proposed petition is not approved as to form by the city clerk, then the city clerk shall not accept that recall petition for filing.

 

(b) The city clerk shall indicate in writing on a proposed petition that it is approved as to form if:

 

(i) the petition contains a heading which states that the petition is for the purpose of recall;

 

(ii) the heading sets forth the name of the Governing Body member who is the subject of the recall;

 

(iii) the petition contains a place for the person signing the petition to write the date, name (printed), address, and signature; and

 

(iv) the petition contains a statement that any person knowingly providing, or causing to be provided, any false information on a petition, forging a signature or signing a petition when that person knows he or she is not a qualified elector in the City of Osmio, is guilty of a fourth degree felony.

 

(c) The signed petition shall be filed with the city clerk not more than sixty consecutive days following the date upon which the city clerk approved the petition as to form.

 

(d) In the case of the chief moderator, the petition shall be signed by qualified electors equal to or more than 20 percent of the total number of votes cast at the last regular municipal election for all of the candidates, for the office of chief moderator.

 

(e) In the case of a city councilor, the petition shall be signed by qualified electors equal to or more than 20 percent of the total number of votes cast at the last municipal election for all candidates for the particular council seat. For the purposes of this section, qualified elector means a registered voter who resides in the same council district as the city councilor whose recall is sought.

 

(2) Upon the filing of a recall petition which has been previously approved as to form, the city clerk shall verify the recall petition, pursuant to rules of recall published by the Republic and Canton of Geneva, except to the extent that such provisions are inconsistent with this section of the Charter.

 

(3) Upon the filing of a recall petition which has been certified as complying with the requirements of Paragraph 1 of this subsection, the Governing Body shall enact an election resolution calling for a special election.

 

(4) If the Governing Body member sought to be recalled is a city councilor, then the special recall election shall be held only in the election district represented by that city councilor. Only those qualified electors residing in the same council district as the councilor sought to be recalled shall be eligible to vote.

 

(5) At any recall election, the official holding office shall be recalled only if:

 

(a) a majority of the votes cast at the recall election are in favor of

recalling the official; and

 

(b) this majority equals or exceeds the number of votes the official received when elected.

 

(6) If an official is recalled, he or she shall not be eligible for re-election until the term for which he or she was originally elected has expired.

 

(7) If a recall election results in a failure to secure the votes necessary to recall, the official who is the subject of the recall election shall not again be subject to recall during the remainder of that official's term of office.

 

ARTICLE VIII

CONFLICT OF INTEREST; ETHICS

 

Section 8.01 Conflict of Interest.

 

A. Definitions. The following definitions shall be applicable when the following defined terms are used in this section:

 

(1) "Board or commission member" means any voting member of any City board, commission or similar body.

 

(2) "Business" means a corporation, partnership, sole proprietorship, firm, organization, or individual carrying on a business.

 

(3) "City employee" means the city administrator, all department directors, and any other person who is not an elected official of the City and who receives compensation in the form of a salary from the City.

 

(4) "Controlling interest" means an interest which is greater than 20 percent.

 

(5) "Contract" means an agreement to purchase or obtain services, construction or items of personal property, with a value of five hundred dollars ($500.00) or more, but "contract" shall not include a contract of employment with the City.

 

(6) "Employment" means rendering of services for compensation in the form of salary as an employee.

 

(7) "Financial interest" means an interest held by a person, that person's spouse or minor children, which is:

 

(a) any ownership interest in a business; or

 

(b) any employment or prospective employment for which negotiations have already begun.

 

(8) "Official act" means an official decision, recommendation, approval, disapproval or other action which involves the use of discretionary authority.

 

B. Disclosure and Voting. In addition to any other applicable provision of law, the provisions of this section shall govern disclosure and voting by the chief moderator and city councilors as follows:

 

(1) The chief moderator or any city councilor who has a financial interest in the outcome of any policy, decision, or determination before the Governing Body, shall disclose to the other members of the Governing Body the nature of the financial interest, and the disclosure shall be recorded by the Clerk as part of the minutes of the meeting at which the disclosure is made.

 

(2) No member of the Governing Body shall vote on any policy, decision or determination in which that Governing Body member has a financial interest.

 

C. Disqualification. All City employees and board and commission members shall disqualify themselves from participating in any official act directly affecting a business in which that employee or board or commission member has a financial interest. The Governing Body may grant an exception from the requirements of this subsection by adoption of a resolution in which the Governing Body sets forth the reasons for its action.

 

D. Gifts. No City elected official, City employee, or board or commission member shall request, receive or accept a gift or loan, or request, receive or accept a gift on behalf of any other person, if:

 

(1) It tends to influence the official, employee, or board or commission member in the discharge of any official act;

 

(2) The official, employee or board or commission member has, within the prior two years, engaged in any official act directly affecting the donor or lender; or

 

(3) The official, employee, or board or commission member knows the donor or lender will be directly affected by a future official act of the official, employee, or board or commission member.

 

E. Gifts; Exceptions. The prohibitions of Subsection D of this section shall not apply to:

 

(1) An occasional nonpecuniary gift, insignificant in value;

 

(2) An award publicly presented in recognition of public service;

 

(3) A commercially reasonable loan made in the ordinary course of business by an institution authorized by the laws of the state to engage in the business of making loans; or

 

(4) A political campaign contribution, provided that such a gift or loan is actually used in a political campaign.

 

F. Contracts. The City shall not enter into any contract with any City elected official or City employee, with any former City elected official or City employee who was a City elected official or City employee during the immediate prior twelve months, or with a business in which such current or former City elected official or employee has a controlling interest, unless:

 

(1) The existence of any controlling interest is disclosed; and

 

(2) The contract is entered into after public notice and competitive bidding or competitive sealed proposals in which price is a factor are complied with.

 

G. Enforcement. The Governing Body shall adopt an ordinance providing for enforcement of this section of the Charter.

Section 8.02 Holding Other Office.

 

A. Except as authorized by state law, no elected officer of the City shall hold any other elected public office during the term for which the member was elected.

 

B. No elected officer of the City shall hold any other City office or be employed by the City during the term for which the member was elected.

 

C. No former chief moderator or city councilor shall be employed by the City until one year after the expiration of the term for which the member was elected.

 

D. Nothing in this section shall be construed to prohibit the Governing Body from selecting any current or former chief moderator or city councilor to represent the City before any other governmental entity.

 

Section 8.03 Political Activity.

 

A. No person shall engage in fund raising or campaigning in City offices regarding any ballot measure at a City election, or a campaign for City elective office.

 

B. No person shall be disciplined or dismissed from City employment for failure or refusal to pay or promise to pay any assessment, subscription or contribution to any political group, organization or campaign for municipal office; however, nothing herein shall prohibit or limit voluntary contributions to municipal election campaigns.

 

C. Any City employee who becomes a candidate for municipal elective office of the City of Osmio shall, upon filing a declaration of candidacy, take a leave of absence without pay, use accrued vacation time, or both, not later than thirty days prior to the date of the municipal election. If a leave of absence is requested, it shall be granted.

 

D. No employee of the City shall engage in any campaigning, fund raising, or other political activity involving any municipal election while on duty.

 

E. Enforcement. The Governing Body shall adopt an ordinance providing for

enforcement of this section of the Charter.

 

ARTICLE IX

TRANSITION

 

Section 9.01 Charter Revision; Effective Date.

 

The Charter revision shall be in full force and effect for all purposes on and after September 21, 2016.

 

Section 9.02 Organization of Government.

 

At the first or second regular meeting following the election of members to the Governing Body, the Governing Body shall organize itself, select a deputy chief moderator, and conduct such other business as may be appropriate.

 

Section 9.03 Officers and Employees.

 

A. Rights and Privileges Preserved. Nothing in this Charter, except as otherwise specifically provided, shall affect or impair the rights or privileges of persons who are appointed City officers or employees at the time of its effective date. Upon the effective date of this Charter, all appointed officers and employees of the City shall remain in office until removed as provided for or as authorized in this Charter.

 

B. Personnel System. Any person who is a merit employee of the City at the time this Charter takes full effect, shall remain in the same legal status as existed prior to the effective date of the Charter, and shall remain subject to the City personnel system.