USC and Stat at Large written law important conflict.
12 US STAT 479
Person and Citizen abroad are require to file.
Aliens here and Citizens abroad are required to file.
USC and Stat at Large written law important conflict.
12 US STAT 479
Person and Citizen abroad are require to file.
Aliens here and Citizens abroad are required to file.
Foreign Agent Registration Act,OMB_1124_0001,
The United States – Confederacy or Corporation
These links are possibly an important myth buster.
I, Paul John Hansen have not viewed these links yet but will in the next few months and comment on each link. Last edited on 12-11-2018.
The truth is always better.
((I think the above links are compiled by > http://www.supremelaw.org/index.htm ))
Not a corp.! e.g. here’s relevant litigation: INTERVENOR’S REPLY TO BRIEF FOR APPELLEE INTERVENOR’S REPLY TO BRIEF FOR APPELLEE [begin excerpt] Finally, Congress has never incorporated either the “United States” or the “United States of America” as such. See U.S. v. Cooper Corporation, 312 U.S. 600 (1941). It appears that Chief Justice John Marshall was responsible for fabricating the myth that “The United States of America” are a corporation. See Dixon v. The United States, 1 Marsh. Dec. 177, 181 (1811). However, without citing any actual legislative authority for that proposition, Marshall’s statement is merely dictum that was later cited in Bouvier’s Law Dictionary (1856), at the definitions of “Union” and “United States of America”. In any event, Dixon has been overruled by Cooper supra because Dixon was decided by a Circuit Court in a case on which C.J. Marshall presided. [end excerpt] Here’s C.J. Marshall’s “dictum” (note well the lack of any legislative authority for that false claim): http://supremelaw.org/decs/dixon/1_Marsh_Dec_177,181.pdf (third paragraph: “The United States of America will be admitted to be a corporation.” [sic] BUT, he cited no Act(s) of Congress!!) “Will be admitted”?? At some undisclosed future date? TILT!! Here’s the key ruling from U.S. v. Cooper Corporation: In United States v. Cooper Corporation, 312 U.S. 600 (1941), the Supreme Court wrote: http://caselaw.findlaw.com/us-supreme-court/312/600.html “We may say in passing that the argument that the United States may be treated as a corporation organized under its own laws, that is, under the Constitution as the fundamental law, seems so strained as not to merit serious consideration .” Sincerely yours, /s/ Paul Andrew Mitchell, B.A., M.S. Private Attorney General, Civil RICO: 18 U.S.C. 1964; Agent of the United States as Qui Tam Relator (4X), Federal Civil False Claims Act: 31 U.S.C. 3729 et seq. All Rights Reserved (cf. UCC 1-308 https://www.law.cornell.edu/ucc/1/1-308)
Unlimited calling, texting, data, all for only $3.00 per month. The advertizes pay you, not GOOGLE, and you get it all for 3$/month.
How I can get you unlimited local calling, and most international calling, texting, and 4G Data, for $3.00/month that matches the best coverage of all phones services in America. A quick read can save you thousands. How this company will get paid by “”‘your retailers'”” instead of by you. >>
MCS-USA (MCS Global Link)
Pay one time,
Unlimited 4G data (unless the particular tower you are on is maxed out then you will get 2G, which is in my experience is close to never, I always have enough to watch YouTube.)
Keep your existing number and the cost is $4.07 per month.
Have a new local number is $3.02 per month.
My plan was exactly:
$300.00 – a one-time payment for 9 years of full service.
$17.00 – one-time tax.
$108.00 – I keep my number. (optional)
$5.94 – one-time tax. (optional, retain your old number)
$9.11 – one-time handling/shipping fees.
$440.05 = Total
I had a one-year-old LG phone, which Cricket gave me the unlock code which I use when the MCS SIM CARD is installed in the LG Phone which was super easy. Google any phone, YouTube will show you how to install the SIM CARD in your phone.
All American cell phone companies must give you the unlock code to your phone if it is 6 months old and fully paid for. (Basically they can not keep it locked from use with another SIM CARD even if you have an extended service contract with them.)
So now I have the exact same 50$ service with MCS-USA as I had with Cricket for
$4.07 per month for the next 108 months (9 years).
I was paying 50$ per month, or $5,400.00 for 9 years.
$4,960.00 < Saved ($45.93 x 108 months.)
All based on an honest cell phone company that is satisfied with the ‘advertising – information mining’ that is associated with all present-day cell phones in the entire World, just as Google and Facebook are doing every-time you get online. You see Google and Facebook and many others pay big money for information mined from everyone that uses their system, and then sell it for big profits, much the same for this company. The difference you profit a great deal also.
Just for an example, every new car in America has close to $2000.00 of paid advertising behind every single sale. Americans buy 45,000 new cars every day of the year. That is why my new cell phone service through MCS-USA is only four dollars (4$) per month for the next 108 months (9 years).
— OR —
Only $3.02 per month if you do not wish to keep your existing number.
(Changing over to MSC-USA with their SIM CARD does not alter any information stored on your phone, such as pictures, or your collected address and numbers, or any apps.)
NOTICE – To get the 9-year price for this product the order must be placed before midnight November 30, 2018, after that date you will only get 5 years for the same price and no guarantee on the 4G, potentially only 2G.
((100% money back guarantee.))
Text or Call me, Paul Hansen to arrange purchase – email > email@example.com
(( As of 11-16-2018 – Upon my own empirical internet research I have not found one negative report on MSC-USA. ))
In 1994 the Justice Department announced its perpetrator profile of who it considers being a religious cultist:
“A cultist is one who has a strong belief in the Bible and the Second coming of Christ; who frequently attends Bible studies; who has a high level of financial giving to a Christian cause; who home schools their children; who has accumulated survival foods and has a strong belief in the Second Amendment; and who distrusts government. Any of these may qualify but certainly more than one would cause us to look at this person as a threat, and his family as being in a risk situation that qualified for government intervention.”
The Defense Department’s operations plan for Civil Disturbance Doctrine:
“If any civil disturbance by a resistance group, religious organization, or other persons considered to be non-conformist takes place, Appendix 3 to Annex B of Plan 55-2 hereby gives all Federal forces total power over the situation if/when local and state authorities cannot put down said dissent.”
“POR:SGH:JCS Pub 6, Vol 5, AFR-60-5 hereby provides for America’s military and the National Guard State Partnership Program to join the United Nations personnel in said operations.”
The Crime Control Act of 1993 definition of “intent to commit terrorist acts” includes any acts that: “appear to be intended – (1) to intimidate or coerce a civilian population; (2) to influence the policy of a government by intimidation or coercion.”
·[Could evangelism be a terrorist act? Could influencing others to write to Congressmen be political intimidation intended to influence a policy of the government? How about distributing tracts?]
·This same Crime Control Act, Chapter 113B, Section 138 protects witnesses. You will not be able to confront or find out who your accusers are, even though your 6th Amendment allows you to confront your accusers in court. (How did they get around this? Did you waive this right?) Submission to this tribunal will automatically waive these rights. (Actually, most all of this legislation is enforceable only within the District of Columbia and its several territorial States.)
License to Practice Law (A RIGHT), Attorney v. Lawyer, Bar Association.
The practice of law is a common right, law as common to all.
Here’s the proof!
1. THAT The practice of Law is an occupation of common right, the same being a secured liberty right. (Sims v. Aherns, 271 S.W. 720 (1925))
2. THAT No state may convert a secured liberty right into a privilege, issue a license and fee for it. (Murdock vs Pennsylvania 319 US 105 (1943))
3. THAT The practice of Law cannot be licensed by any state/State. (Schware v. Board of Examiners, 353 U.S. 238, 239 (1957))
4. THAT Should any state convert a secured liberty right into a privilege, charge a fee and issue a license for it, one may ignore the license and fee and engage in the exercise of the right with impunity. (Shuttlesworth vs City of Birmingham 373 U.S. 262 (1962))
5. THAT “If you’ve relied on prior decisions of the Supreme Court you have a perfect defense for willfulness.” (U.S. v. Bishop, 412 U.S. 346), as “The claim and exercise of a Constitutional right cannot be converted into a crime.”(Miller v. U.S., 230 F.2d. 486, 489).
6. THAT “Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.” (Miranda v. Arizona 384 U.S. 436, 86 S. Ct. 1602, 16 L.Ed. 2d 694 (1966))
7. THAT Should any state convert any right to work into a privilege, issue a license and charge a fee, the same is unconstitutional, void, and without effect in law. (Marburry vs Madison 5 US 137 (1803))
8. THAT “All acts of legislature apparently contrary to natural right and justice are, in our laws and must be in the nature of things, considered as void. The laws of nature are the laws of God; whose authority can be superseded by no power on earth. A legislature must not obstruct our obedience to him from whose punishments they cannot protect us. All human constitutions which contradict his laws, we are in conscience bound to disobey. Such have been the adjudications of our courts of justice.” (Robin v. Hardaway, 1 Jefferson 109, 114 (1772)). THAT The Supreme Court has warned, “Because of what appear to be Lawful commands on the surface, many citizens, because of their respect for what appears to be law, are cunningly coerced into waiving their rights, due to ignorance.” (U.S. v. Minker, 350 U.S. 179, 187), the general misconception among the public being that any statute passed by legislators bearing the appearance of law constitutes Law. THAT A statute is not a “law,” (Flournoy v. First Nat. Bank of Shreveport, 197 La. 1067, 3 So.2d 244, 248), a concurrent or joint resolution of legislature is not “a law,” (Koenig v. Flynn, 258 N.Y. 292, 179 N.E. 705, 707; Ward v. State, 176 Okl. 368, 56 P.2d 136, 137; State ex rel. Todd v. Yelle, 7 Wash.2d 443, 110 P.2d 162, 165), nor is ‘Code’ “Law” (In Re Self v Rhay, 61 Wn (2d) 261) these being defined by Black’s Law Dictionary as rebuttable prima facie, or superficial, evidence of law, a facade, represented by ‘public policy,’ being color-able, or ‘color of law,’ being ‘counterfeit or feigned’ as defined.
9. THAT “The Natural Liberty of man is to be free from any superior power on earth, and not to be under the will or legislative authority of man, but only to have the law of nature for his rule.” – Samuel Adams
10. THAT ‘Litigants may be assisted by unlicensed layman during judicial proceedings’ (Brotherhood of Trainmen v. Virginia ex rel. Virginia State Bar 377 U.S. 1; Gideon v. Wainwright 372 U.S. 335; Argersinger v. Hamlin, Sheriff 407 U.S. 425), and ‘Members of groups who are competent nonlawyers may assist other members of the group [family, association, or class] achieve the goals of the group in court without being charged with “Unauthorized practice of law.” ‘ (NAACP v. Button 371 U.S. 415; United Mineworkers of America v. Gibbs 383 U.S. 715; and Johnson v. Avery 89 S. Ct. 747 (1969).
11. THAT “Each citizen acts as a ‘Private Attorney General who ‘takes on the mantel of sovereign’ ” (Title 42 U.S.C. Sec. 1983, Wood v. Breier, 54 F.R.D. 7, 10-11 (E.D. Wis. 1972; Frankenhauser v. Rizzo, 59 F.R.D. 339 E.D. Pa. (1973). “It is not the function of our Government to keep the citizen from falling into error; it is the function of the citizen to keep the government from falling into error.” (American Communications Association v. Douds, 339 U.S. 382, 442 (1950) and a Sovereign Citizen cannot be punished for sincerely held religious convictions, such as the belief that he is in fact born free and at liberty to act as such. (Cheek v. United States, 498 U.S. 192 (1991).
12. THAT The “Private Attorney General” concept holds that a successful private party plaintiff is entitled to recovery of his legal expenses, including attorney fees if he can advance a policy inherent in public interest legislation on behalf of a significant class of persons. ( ‘Equal Access to Justice Act’; Dasher v. Housing Authority of City of Atlanta, Ga., D.C.Ga., 64 F.R.D. 720, 722) while “In the early days of our Republic, ‘prosecutor’ was simply anyone who voluntarily went before the Grand Jury with a complaint.” (United States v. Sandford, Fed. Case No.16, 221 (C.Ct.D.C. 1806).
13. THAT any private citizen acting as Private Attorney General may bring suit against any public official in their private capacity under Rico for crimes against constitutionally protected natural liberty rights, often predicated upon mail and wire fraud, and allows average citizens acting as private attorneys generals to sue those organizations that commit such crimes as part of their private criminal enterprise for damages. There are over 60 federal statutes that encourage private enforcement by allowing prevailing plaintiffs to collect attorney’s fees. The object of RICO is thus not merely to compensate victims “but to turn them into prosecutors,” acting as “private attorneys generals,” dedicated to eliminating racketeering activity, and has the “further purpose [of] encouraging potential private plaintiffs diligently to investigate.” (Malley-Duff, 483 U.S., at 151; 3 Id., at 187), and have been awarded judgments declaring entire cities, townships, and counties corrupt criminal enterprises. “The provision for treble damages is accordingly justified by the expected benefit of suppressing racketeering activity, an object pursued the sooner the better.” (Rotella v. Wood et al., 528 U.S. 549 (2000); Dasher v. Housing Authority of City of Atlanta, Ga., D.C.Ga., 64 F.R.D. 720, 722; See also Equal Access to Justice Act, and Civil Rights Attorney’s Fees Award Act of 1976).
14. THAT Facts are stubborn things. And “we are each accountable to our maker for our words, deeds, and even our inaction, as all that is necessary for the triumph of evil is that good men do nothing. For when good men do nothing, they get nothing good done, and so help evil to triumph by their inaction. On the field of action is where all honor lies (1st Lady Abigail Adams), and “There is a higher loyalty than loyalty to this country, [being] loyalty to God” (U.S. v. Seeger, 380 U.S. 163, 172, 85 S. Ct. 850, 13 L. Ed. 2d 733 (1965), See also Public Law 97-280 declares The Bible the ‘true word of God,’ as Biblical Law, at “Common Law, which “supersedes all inferior laws,” whereas “Christianity is custom, [and] custom is Law.” (Robin v. Hardaway 1790).
THAT The A.B.A. and State Bar Associations are Non-Governmental, Private ‘Professional Associations,’ a foreign agency or power with respect to government, and NOT a ‘Licensing Agency’ in fact or Law, though AT it apparently, attempting to copyright the operation and administration of that which originates with the author of the law, under color of law pursuant to public policy and legalism it would seem, whereas no one stands in between man and God who is the author of the natural and common law, which cannot be copyrighted for private use in public administration of the law for the purposes of graft, fraud, and legal plunder.
28. THAT No legislation creates the bar association in any state, being a private closed union and power foreign to government, operating in the Americas in violation of the Taft/Hardy act as The 81st Congress in 1950 confirmed by investigation, and determination that the A.B.A is, in fact and law, proof of which can also be located in the hard copy printing of 28 USC 3002, section 15a, a branch of the National Lawyers Guild Communist Party, and is run by communist, whereas the online version of Title 28USC has been altered to read something entirely different, apparently because this fact has shown up in too many court petitions and memorandums of law over the past 100 years.
29. THAT No public institution, State office or instrumentality accredits any law school or holds Bar examinations, as the Bar Association accredits all law schools, conducting private examinations and selecting the students they will accept into their private fraternity, issuing these a union card as a defacto license, keeping the fees for themselves. They do not issue state licenses to Lawyers, and the “State BAR” Card is not a “License” per-say, but rather a “Union Dues Card.”
30. THAT The “CERTIFICATE” issued to public trustee/servants in each State by the Supreme Court of each state IS NOT A License to practice Law as an occupation, nor to do business as a Law Firm, but rather authorizes only the practice of Law “IN COURTS” as a member of the State Judicial Branch of Government, to represent only “Wards of [the] court, Infants and persons of unsound mind…” (See Davis’ Committee v. Loney, 290 Ky. 644, 162 S.W. 2d 189, 190.” – Black’s Law Dictionary, 6th Ed., Corpus Juris Secundum Volume 7, Section 4.) while “Clients are also called ‘wards of the courts’ in regard to their relationship with their attorneys.” – 7 CJS § 2.
31. THAT Attorneys authorized to practice law in the courts to represent wards of the court, such as infants and persons of unsound mind, are not authorized to represent any private citizen nor any for-profit business, such as the privately incorporated and federally funded STATE. Corpus Juris Secundum, Vol. 7, Sect. 4., as “…(A)n attorney occupies a dual position which imposes dual obligations…” the same being a conflict of interest. – 7 CJS § 4.
32. THAT Attorneys, Judges, and Justices, those who keep an Attorney on retainer to represent them as most all do, as “clients,” being thus “wards of the court,” are therefore as defined in Law “Infants or persons of unsound mind.”
33. THAT The U.S. Constitution Guarantees to every state in this union a Republican Form of government, any other form of government being FORBIDDEN. Whereas there is No Power or Authority for the joining of Legislative, Judicial, and Executive branches of government by a private monopoly over these, limiting and restricting eligibility or entry to key public offices to union members alone, creating the RULING CLASS of an ARISTOCRACY, the A.B.A., State Bar, and State Supreme Court’s currently do in violation of Article 2, Section 1, Separation of Powers clause of the U.S Constitution, the same being an Unconstitutional Monopoly, operating in Texas in violation of Article 1, Section 26 of the Texas Bill of Rights, being an “ILLEGAL & CRIMINAL ENTERPRISE” as defined under RICO, whereas Senate Report No. 93-549 clearly points out and admits that an abridgment of the “Supremacy Clause” and “Separation of Powers” has in this respect in fact occurred.
34. THAT In 1933, as expressed in Roosevelt’s Executive Orders 6073, 6102, 6111, and 6260, House Joint Resolution 192 of June 5, 1933 confirmed in Perry v. U.S. (1935) 294 U.S. 330-381, 79 LEd 912; 31 USC 5112, 5119, and 12 USC 95a, the U.S. declared bankruptcy. When the government went bankrupt, it lost its sovereignty, and being to big to fail, excepted a buy out and went into receivership, to be reorganized, restructured, and privatized, in favor of its foreign creditors and presumed new owners, criminals whose avowed and stated intent was to plunder, bankrupt, conquer, and enslave the people of the United States of America. “…every American will be required to register their biological property in a National system designed to keep track of the people and that will operate under the ancient system of pledging… By such methodology, we can compel people to submit to our agenda, which will affect our security as a chargeback for our fiat paper currency. Every American will be forced to register or suffer not being able to work and earn a living. They will be our chattel, and we will hold the security interest over them forever, by operation of the law merchant under the scheme of secured transactions. This will inevitably… leave every American a contributor to this fraud which we will call “Social Insurance.” – Col. Edward Mandell House.
30. THAT The goal, of an occult theocracy of the ancient mystery school of deceit, it has been alleged, was to merge the people with government in America, reversing their roles in law and erasing all distinction between jurisdictions in law, public and private, under public policy and ‘color of…’ or ‘colorable’. … law, absorbing both into a private commercial corporation supplanting lawful government and claiming ownership and legal title to the people themselves, all State public institutions having created a “shadow [of] government,” in furtherance of these schemes by privately incorporating all for profit between 1940 and 1970. Admitted in numerous responses to administrative remedy petitions, all public offices are in fact now vacant, and private contractors masquerade as public officials, who cannot as such hold positions of public office or trust.
31. THAT Corporations have a LEGAL obligation to maximize profits. “When government becomes a corporation, it ceases to be government” (See Clearfield Doctrine), and by becoming a corporator, lays down its sovereignty, so far as respects the transaction of the corporation, and exercises no power or privilege which is not derived from the charter (U.S. v. Georgia-Pacific Co., 421 F.2d 92, 101 (9th Cir. 1970), corporations being fictions from which no law may originate, as no right of action may originate from fraud, invalidating much of the last 100 years of American Jurisprudence, both State and National legislation.
33. THAT all revenue now belongs to admiralty maritime jurisdiction (Huntress), and ‘neither for profit government nor the foreign statute merchant or agent has access to sovereign immunity even though the agent himself may have been unaware of the limitations upon his authority.’ (See Utah Power & Light Co. v. United States, 243 U.S. 389. 409, 391; United States v. Stewart, 311 U.S. 60, 70, 108; In re Floyd Acceptances, 7 Wall. 666: United States v. Stewart, 311 U.S. 60, 70, 108; Federal Crop Insurance v. Merrill, 332 U.S. 380, 1947) (Government may also be bound by the doctrine of equitable estoppel if acting in proprietary [for profit nature ] rather than sovereign capacity); the “Savings to Suitor Clause” is also available for addressing mercantile and admiralty matters aka “civil process” at the common law and within a state court or by Removal to Federal District Court exercisingAdmiraltyy Maritime Jurisdiction in which the state may not hear cases against the State or an agent thereof. (citation needed)
34. THAT the Eleventh Amendment does not protect state officials from claims for prospective relief when it is alleged that state officials acted in violation of federal law (Warnock v. Pecos County, Tex., 88 F3d 341 (5th Cir. 1996), “Officers of the court have no immunity, when violating a Constitutional right, from liability. For they are deemed to know the law.” (Owen v. Independence, 100 S.C.T. 1398, 445 US 622), and Inadequate training of subordinates may bethe basis for title 42 subsection 1983 claim. (Mandonado-Denis v. Castillo-Rodriguez, 23 F.3d 576 (1st Cir. 1994). “Public officers are merely the agents of the public, whose powers and authority are defined and limited by law. Any act without the scope of the authority so defined does not bind the principal, and all persons dealing with such agents are charged with knowledge of the extent of their authority. (Continental Casualty Co. v. United States, 113 F.2d 284, 286 (5th Cir. 1940)).
THAT public officials and even judges have no immunity, as officials and judges are deemed to know the law and sworn to uphold the law; and cannot claim to act in good faith in willful deprivation of law, they certainly cannot plead ignorance of the law, even the Citizen cannot plead ignorance of the law, the courts have ruled there is no such thing as ignorance of the law, it is ludicrous for learned officials and judges to plead ignorance of the law therefore there is no immunity, judicial or otherwise, in matters of rights secured by the Constitution for the United States of America. ( See: See, Owen vs. City of Independence, 100 S Ct. 1398; Maine vs. Thiboutot, 100 S. Ct. 2502; and Hafer vs. Melo, 502 U.S. 21; Title 42 U.S.C. Sec. 1983).
35. THAT if such a thing existed as A ‘License To Practice Law,’ other than in a fictional corporate jurisdiction, the same would be in fact and law a corporate commercial ‘Title of Nobility,’ whereas Article I, Section 9 and 10 of the Constitution prohibits the States and the federal government from issuing titles of nobility or honor to any public trustee, servant, or officer, in their separate and equal station, as the same would evidence a conflicting interest and disqualification from holding an office of public trust, and of a felony under various provisions of state and federal law.
36. THAT Bar members elected by the people, but paid by a private corporation or agency foreign to lawful government in unlawful money, in accepting such appointments, commissions, and compensation, bribes in fact and law, to enforce the licensing of rights as privileges, throwing creditors to the state in unlawful debtors prisons for victimless crimes, acting as third-party debt collector of tribute and contribution for illegal ton-tine wagering ponzi-schemes and bankrupted ‘social insurance’ programs, as an insurance premium for the national debt, all under colour of copyrighted private law through legalism, are by the same disqualified from holding any office of public trust for what is defined in Law as their Treason in so doing in Fact, punishable by hanging.
37. THAT Courts, Judges, and Justices, bound by law to uphold and declare the law, are in so doing not at liberty to interpret the law, or make political determinations, and being unlicensed themselves, are subject to prosecution for impersonating a public official or officer for damages in federal admiralty maritime jurisdiction as statute merchants. (citations needed – Clerk Praxis File)
39. THAT a license is permission to do something illegal, and Obtaining a license proves willful intent to commit an illegal act.
THAT the Lawful practice of Law is both a property right, and a Liberty Right, both a sacrament, tenant, and Rite of religious practice, secured by the Bill Of Rights and Supreme Law of the Land, including, but not limited to, the Religious Freedom Restoration Act, to each citizen.
40. THAT Any prosecution pursuant to UPL statute carries the burden of proving that the accused defendant did willfully, knowingly, and intentionally, avoid a known duty, obligation, or task under the law, that was not known as herein previously stated, to be an Unconstitutional requirement of legalism, religion teaches is sophistry and witchcraft or deception, any statute, regulation, or requirement, null and void and without effect in fact or law, bearing no obligation to obey. The Law may restrain, but not compel.
41. THAT Compulsion under the natural law does not originate with man, nor with governments formed by men in fictional jurisdictions of corporate legalese drawn in the sand on the ground or on paper by men, in their separate and equal station, but rather with the author of the law. “Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others.” –Thomas Jefferson 1819.
42. THAT the Writer knows of no duty or obligation within the restrictions of his liberty rights or under the Natural Law, that he do no harm, to further refrain from championing the rights of others, to not prosecute evil doers, or to obtain a license, that does not exist, or permission, from any lesser private commercial authority or jurisdiction of the many on earth, past, present, or future, to observe, exercise, or practice a lesser private Legalese, or legalism, be it international, federal or state, or the higher Law for this matter, being the Natural Law derived as given from a higher authority than any on earth, the author of the law, where from all lesser jurisdictions, forms of governance and law originate by his commandments.
43. THAT all men being created equal, are born into the practice of law in their dealings with one another, as there is no action outside the natural Law excepting that which is criminal, and probably legalized by those practicing legalism, being witchcraft and black magic or sophistry as religion and the law teaches. That which is lawful, and that which is unlawful, is the sum of all acts, which men possess as an individual legacy, a property right or liability to each as nature accords, the Law itself being derived from man’s nature, and the author of the Law, not originating with governments of men, from which legalese and legalism originate. Nothing may regulate that which it did not create, that does not originate there from. ‘They who wash outside of the cup, but leave the inside filthy.’ Substance over form.
44. THAT Man, in his separate and equal station, practicing natural law in the election to act upon the creation of government being a fiction, can confer no power to government to license that practice which the people possess inherently as a liberty right to effect such creation of a fiction as government, from which no law may come except but for the regulation of itself, ants agents or representatives, for the protection of those natural liberty rights inherent in man, being the only lawful purpose of government, whereas that which does not originate with government, as is true of man, and the natural law of liberty, government cannot regulate, as it is rather the natural law in practice by men that regulates the operation of government and the creation of lesser laws that may regulate government and not the reverse. Fictions and the rules by which they operate cannot govern their creators.
45. THAT The lesser law, legalese, legalism, and legality, color of law and public policy, is no law at all, as created by supposed agents of government, can not and does not exercise jurisdiction over, nor can it change, alter, diminish, or abolish, the greater and higher Law of nature from which all law originates that gives breath to man’s liberty, given by God to each according to nature. It is this higher natural law of inherent liberty, which creates and regulates government, and its creation of lesser laws that may regulate, change, alter and diminish or abolish the acts of government(s) and fictions alone, and never the lawful liberty rights of the man who created these. The law cannot divide the man, or the man from himself and his rights, only the voodoo, and black magic of legalism, the fictional incorporation of man to serve as a fiction himself, can accomplish this in operation apparently, in abrogation of the Law itself.
46. THAT the Natural Law, as practiced by all men, and from which all fictions, lesser forms of law and governance are derived, is from the creator, and man’s unalienable and inherent natural liberty rights (the Will), and not from government, which can create no right or law governing the liberty of man, existing only to protect those lawfully exercised natural liberty rights which existed separate and sovereign from it, before the creation of government by the power of this liberty. There are NO licensed attorney’s! Never listen to a judge (administrative officer) when he/she tells you that “these are serious charges and you need to hire a licensed attorney”.
AS PER THE UNITED STATES SUPREME COURT;
The practice of Law CAN NOT be licensed by any state/State. (Schware v. Board of Examiners, 353 U.S. 238, 239)
The practice of Law is AN OCCUPATION OF COMMON RIGHT! (Sims v. Aherns, 271 S.W. 720 (1925))
The “CERTIFICATE” from the State Supreme Court:
To practice Law “IN COURTS” as a member of the STATE JUDICIAL BRANCH OF GOVERNMENT.
Can ONLY represent WARDS OF THE COURT, INFANTS, PERSONS OF UNSOUND MIND (SEE CORPUS JURIS SECUNDUM, VOLUME 7, SECTION 4.)
“CERTIFICATE” IS NOT A LICENSE to practice Law AS AN OCCUPATION, nor to DO BUSINESS AS A LAW FIRM!!!
The “STATE BAR” CARD IS NOT A LICENSE!!! It is a “UNION DUES CARD”, an association, a good old boys and girls club.
The “BAR” is a “PROFESSIONAL ASSOCIATION.”
1. Like the Actors Union, Painters Union, etc.
2. No other association, EVEN DOCTORS, issue their own license. ALL ARE ISSUED BY THE STATE.
It is a NON-GOVERNMENTAL PRIVATE ASSOCIATION.
The State Bar is;
An Unconstitutional Monopoly.
A license to steal.
AN ILLEGAL & CRIMINAL ENTERPRISE.
Violates Article 2, Section 1, Separation of Powers clause of the U.S Constitution.
There is NO POWER OR AUTHORITY for joining of Legislative, Judicial, or Executive branches within a state as the BAR is attempting. “BAR” members have invaded all branches of government and are attempting to control de jure governments as agents of a foreign entity.
The majority of legislators are attorneys.
An attorney can only represent a ‘fiction‘(one of privilege), never a man (one of right). SOOOO if I act as ‘counsel’ for a man (6th Amendment – Bill of Rights) I do so only as he being a man, thus one must challenge the moving party what the man (your client) did to take on (contract/contact) a ‘statutory’ standing as a ‘fiction’ in the United States? What did your client ‘do’, ‘sign’, or ‘say’, that is relied upon (evidence) by the moving party (not the court) that the U.S. court NOW has jurisdiction over you as a ‘PERSON’. Lawyer Hansen 11-9-2018
50 Minute Presentation:
The Politics of Humanism, Part 5, "Immigration: The Organization of Fallen Man."Numbers 15:15-16 by Pastor Jason Garwood
Posted by Cross & Crown Church on Sunday, October 28, 2018
((Most judges do not dismiss such cases, but they are overturned by the appellant courts. >>The moral (facts) of this story is that a US officer (administrator, [policy enforcer-police]) can not attest to something they did not personally witness, like an automobile accident. All citations given when an officer arrives post-accident are dismiss-able based on hearsay or lack of foundation (first-hand knowledge). Anyone can go back and have the cases vacated based on such inadvisable evidence, and sue the man that wrote the citation in a 7th Amendment common law court of record.<<))
((Comments in ((___)) are made by Lawyer Hansen.)
I want to share with you a personal experience I had a few months ago. I probably should have shared it immediately as I feel I would have phrased it with much more enthusiasm. But here it is.
I was at a stoplight one day back toward the beginning of April. The light had turned green and traffic started edging forward. At this moment I caught in my rear-view mirror a blur of a white car coming up on me at a speed that I guesstimated at the time to be maybe 45 in a 30.
As I turned my head to see this white 4-door sedan with an Asian lady driving whip past me into the left lane I became a bit stunned as my truck came to a violent stop and my airbag hit me in the chest. It so stunned me for a moment that my first thought was that she had hit me, but then I felt my truck trying to move forward even though my foot was mashing the brake pedal.
Turns out the truck in front of me that happened to be from the same manufacturer had stopped because a large truck in front of him had. So I had ended up hooking my front bumper to his trailer hitch, that was why my truck had tried to move forward. The Asian lady was, of course, long gone through the light, probably never realizing what she had caused.
Now, anybody in America is trained to know that as the party in the rear, I am supposed to be at fault. OK. So like, literally within 2 minutes or less after impact, emergency responders were on the scene. The cop was able to jump on the other trucks back bumper and the two trucks disconnected. Both trucks were moved to an adjacent parking lot while I was getting checked out by the paramedics.
When I as done with them, it was time to talk to the police officer. You have to understand that while I may be on an extended vacation in the Pacific Northwest and doing my part to fight the Great Meme War, I am from Texas.
So, having studied the whole Law thing for 15 years and understanding Texas Rules of Civil Procedure #52 which states “Any allegation of a corporation shall be accepted as true except upon affidavit of the adverse party.” I carry around just such a document with me that has been duly notarized and recorded, making it a matter of public policy that I am indeed a separate entity from the corporation created in my name at birth, known as a biological male. I also have a photo identification affidavit that goes with it to establish who I am, being as for some reason government computers never have enough spaces allocated to include my full name which has two middle names in it, They have never even had my name right, legally.
((They do not need to even have your name to prosecute. They must prove all elements of the crime: 1. If you are a ‘person’ liable. (Personal jurisdiction challenge.) 2. If the activity they claim is promulgated into a governing law. 3. If the activity occurred ‘in’ land where the written claimed law has force.))
But, I do also carry the last tired old “state-issued identification” long ago expired just so the cops can have something to find in their computer. So when I spoke to the young man with the badge, I offered him my documents, but I had the old ID at the ready. He declined to look at them and so I gave him my old ID. The result was tickets, tickets, tickets.
You see, despite the attempt by the corrupted and morally bankrupt FBI to paint true patriots as terroristic “sovereign citizens,” they know, along with an ever-increasing number of law enforcement officers, that you can’t be both. They are mutually exclusive terms that result in an oxymoron when married together like that. And they know that the vast majority of people like me tend to conceal carry and know what the word “infringement” means, but by the same token, these are the very same people who would jump up first and stand side by side with them in, let’s say, a hypothetical invasion by a hostile foreign power.
The result, is that in the last several years, there has been like this silent sovereign catch and release program going on amongst law enforcement. More and more often I hear cops saying things like “I understand where you are coming from, but I am expected to do my job a certain way.” The cop may not be your friend, but he might not be your enemy either.
It also seems that people like me have changed the policy about tickets. Has anyone else noticed that when you get a ticket now-a-days that you don’t have to sign any kind of promise to appear? There’s just checkbox options and a place for you to sign later?
Well, that is exactly what I got. And since I did not agree with any of the options, I sent back with the unsigned, unmarked ticket, a simple three-point notice and demand as kind of a softball pitch to see what would happen with a liberal judge. It simply stated:
1. I do not consent to your admiralty jurisdiction.
2. I waive the benefits of XYZ MUNICIPAL COURT, corporate registration #xxxx-xxxx.
3. I demand that any charges against ME be brought before an Article III Constitutional Court.
((The above has no value if they prove the above elements of jurisdiction.))
What I got back was a piece of yellow carbon paper with some illegible scribbled initials on it. This paper purported to order me to appear on a certain date toward the end of May. (Real judges orders are supposed to be originals with a wet ink signature on them.)
And this is where it gets fun, folks. I prepared a 10-page Void Judgment to include two and a half pages of Libtardington Case Law specific to this void judgment, based solely on the fact I had received a FAKE order to appear.
((They can administratively process you to appear in many ways if they have all elements of jurisdiction.))
So the court date comes and I show up to this pathetic little closet of a so-called courtroom, like behind thee cafeteria and round the corner from the bathrooms. It was an interesting little fiction I watched there, in this room with a few pew bench seats and no rail separating anything. Just two tables mounted with microphones, a domed camera, and a tiny little bench area wedged into the corner. There was no nameplate to tell you who this person was, in the place where that should have been was a little sign that said “COMMISSIONER PRO-TEM.” Well, what a coincidence.
This happened to line up perfectly with my Void Judgement document, being as one of the arguments in there was the fact that the so-called order had an illegible scribbling with no printed name associated with it, so I kept referring to this individual as a “clerk masquerading as a judge.” I now knew how to address this black-robed individual that would be in front of me.
You see, in many jurisdictions, they have so many cases that if judges had to hear them all, the court system would come to a grinding halt. So they appoint these individuals to hear some cases for them in order to keep the extra revenue coming in. They are literally clerks with aptitude who pretend to be judges.
I had brought my adult son with me as a witness and learning experience, and we took a seat.
What I observed amazed me as I watched several so-called cases proceed before me. This man wuz everybody! He was pretending to be a judge. There was no prosecutor present, so he was filling that role. And I kid you not, he would sit there and tell people “I can’t give you legal advice.” and then proceed to give them legal advice. e.g. “If you buy a car that has no title, then there’s usually more to the story than just not having a title.” and this is my absolute favorite piece of legal propaganda ever: “You know what they say, the client who represents himself has a fool for an attorney.” At which point I nudged my son and winked.
And picture if you will, that there is a big computer screen in direct line of sight between me and this tired old man. All I could really see was the top of his chrome dome. But every time I would start involuntarily snickering at this clown, his bespectacled eyes would pop up over the top of that computer screen and look at me like “I sense a disturbance in the force.”
And here is the interesting part, he tried to trick me into admitting that I was his corporate name before he even called my case by simply looking at me and stating my last name, WHILE HE WAS STILL HEARING THE CASE BEFORE MINE!
I may be crazy folks, but I’m not stupid. I asked him “Who are you?” which totally set him back and he responded with “I know who I am.” Which is nice for him, but I still had no clue who he was. And so I smiled and replied, “Well, I know who I am.” at which point he chose to ignore me and go back to the case preceding mine.
And then it became my turn. He told me that I didn’t have to approach, I could sit where I was if I wanted, and he was already so flustered that he didn’t even try to put me under any kind of oath. I approached though with a small briefcase and a great big accordion folder. I set these down on the desk and told him that I didn’t have a problem with what I had to say is recorded as long as it was understood that by doing so I was not granting nor conferring any kind of jurisdiction to him.
((Always put the same as the first line of any filing in any US court.))
Much to my surprise, as I had expected my simple 3 point notice and demand to be ignored, he actually read it into the record and acknowledged everything I had said there. This gave me the firm upper hand as I saw it because he was acknowledging common law in his admiralty capacity. His bad.
((Means nothing if it was not in affidavit form and submitted as evidence.))
Now every time he tried to proceed against me it gave me the opportunity to state “I’m sorry, but I have challenged your jurisdiction, you can not proceed against me until that matter is settled.” This is a maxim of law. And yes, I said it belligerently, but I never cussed at the man, nor did I make any kind of threats. Belligerently I say because I am perfectly aware of that
Federal District Court Judge James Alger Fee once ruled that,
“The privilege against self-incrimination is neither accorded to the passive resistant, nor to the person who is ignorant of his rights, nor to one indifferent thereto. It is a FIGHTING clause. It’s benefits can be retained only by sustained COMBAT. It cannot be claimed by attorney or solicitor. It is valid only when insisted upon by a BELLIGERENT claimant in person.” McAlister vs. Henkel, 201 U.S. 90, 26 S.Ct. 385, 50 L.Ed. 671; Commonwealth vs. Shaw, 4 Cush. 594, 50 Am.Dec. 813; Orum vs. State, 38 Ohio App. 171, 175 N.E. 876. The one who is persuaded by honeyed words or moral suasion to testify or produce documents rather than make a last ditch stand, simply loses the protection. . . . He must refuse to answer or produce, and test the matter in contempt proceedings, or by habeas corpus.” United States v. Johnson, 76 F. Supp. 538, 539 (D. Pa. 1947)
And so when this pretender from the bench said “Maybe we need to get security in here.” my reply was “What do you need security for? I’ve used no threats or vulgarity. I’m here to settle this matter. Let’s settle it.” That was the last thing that man let me say. He asked me to answer a question for him, and I reminded him again that he was trying to proceed against me. He said, “Answer for me if you will, was the police officer there when whatever happened, happened?”
Now, I realized that this man was asking me about probable cause. Because the real probable cause is when a police officer actually sees you committing a felony or a breach of the peace. Everything else is an offer of contract based on an information. So I tilted my head and gave him a sly look and said “No.”
He instantly smacked his gavel and said: “All charges dismissed!” I said, “May I speak now?” He said “No!” “May I ask a question?” “No!, But I have some dismissal paperwork over here for you to sign if you will.” I decided that was ok by me, and signed the papers, got my copy and left. My son and I left laughing all the way out of the building. Because it feels so good to be a real Alpha Male in the beta society of the left coast.
In conclusion, fighting against the legal trickery of judges and lawyers is a battle that has been being waged for decades now. It has been the silent revolution you never hear about because the codes, statutes, rules, and regulations, none of which has the word “Law” in it anywhere, yet purports to be such are so confusing and convoluted by design that we’ve allowed Satanists gain power in this society. And maybe one in a million people manage to figure this stuff out. If you try to teach it to others, warfare will be made upon you by every agency under the sun. Well, guess what? I am TrumpX. I put the X there from the start before Trump daddy took office. Because it is like Q. You people need to start learning MY comms. because I’m your Deepstate Outsider!
Contact Hansen for templates on how to have case dismissed or vacated, as a matter of law, without oral arguments.
Charter, Varieties Across America:
Brevard County Charter Articles 1 and 2
Creation, Powers and Ordinances of Home Rule Charter Government
SECTION 1.1. CREATION AND GENERAL POWERS OF HOME RULE CHARTER GOVERNMENT
WE, THE PEOPLE of Brevard County, residing in the constituent State of Florida of the United States of America, grateful for and secure in our protected individual rights, and in affirmation of dedication to the Constitutions and laws of the United States and of the State of Florida, do ordain and establish this Home Rule Charter for the execution of our County Government for the most common benefits to all our inhabitants. Brevard County shall be a home rule charter county, and, except as may be limited by this Home Rule Charter, shall have all powers of self-government granted now or hereafter by the Constitution and laws of the State of Florida. (Amd. 11-7-2004)
SECTION 1.2. BODY CORPORATE, NAME AND BOUNDARIES Brevard County shall be a body corporate and politic. The corporate name shall be Brevard County. The county seat and boundaries shall be those designated by the law on the effective date of this Charter. (((We can not find any discriptive boundaries in this document, we will ask for such from the ‘county officers’ soon.))) (((Note all is within the US jurisdiction, not common law (Peoples).)))
SECTION 1.3. CONSTRUCTION The powers granted by this Home Rule Charter shall be construed liberally in favor of the charter government. The enumeration of certain rights and powers in this charter shall not limit, deny or disparage the right of the people of Brevard County to the fullest measure of home rule authority allowed by the State Constitution to the citizens of charter counties.
SECTION 1.4. SPECIAL POWERS AND DUTIES OF COUNTY The County, operating under this Charter, shall have all special powers and duties which are not inconsistent with this Charter, heretofore granted by State or Federal law to the Board of County Commissioners, and shall have such additional county and municipal powers as may be required to fulfill the intent of this Charter.
1.4.1. Tax millage. Subject to the reserved powers of the people under Article 5 of this Charter, the County shall have all necessary powers to levy taxes and to accomplish county and municipal purposes. Property situated within municipalities shall not be subject to taxation for services rendered by the County exclusively for the benefit of property or residents not within municipal boundaries, nor shall property situated in the unincorporated area of the county be subject to taxation for the benefit of the property or residents within municipal boundaries. To this end the Board of County Commissioners may by ordinance, subject to the limits set forth in Section 5.4.1. of this Charter, create districts for the purpose of levying ad valorem taxes and special assessments to pay for the furnishing of municipal services, and the tax imposed shall be within the limits of millage set for municipal purposes. Should such services be furnished within a municipality, the total millage levied by the municipality and the county district levy for municipal purposes shall not exceed the maximum millage set by law for municipal purposes. (Amd. 11-3-98)
1.4.2. Transfer of powers. The County shall have the power and authority to assume and perform all functions and obligations now or hereinafter performed by any municipality, special district or agency whenever such municipality, special district or agency shall request the performance or transfer of the function to the County.
SECTION 1.5. DIVISION OF POWERS This Charter hereby establishes the separation between legislative and executive functions of Brevard County government. The establishment and adoption of policy shall be the responsibility of the Board of County Commissioners and the execution of that policy shall be the responsibility of the County Manager.
SECTION 1.6. RELATION TO STATE LAW The provisions of this Charter are not intended, and shall not be construed, to conflict with the Constitution of the State of Florida, general law, or special law approved by vote of the electorate.
SECTION 1.7. RELATION TO MUNICIPAL ORDINANCES Except as otherwise provided by State or Federal law, municipal ordinances shall prevail over County ordinances to the extent of any conflict. To the extent that a County ordinance which is specifically applicable to the incorporated area and a municipal ordinance shall cover the same subject without conflict, then both the municipal ordinance and the County ordinance shall be effective, each being deemed supplemental to the other.
SECTION 1.8. CHARTER AMENDMENTS AFFECTING MUNICIPALITIES No provision of this Charter adopted after December 1, 2010, which conflicts with, transfers, or limits any function, service, power, or authority of a municipality within Brevard County, shall apply to a municipality affected unless a majority of the voters in the municipality voting in a referendum approve the charter amendment. (Newly adopted 11-2-10)
Legislative Branch: Board of County Commissioners
SECTION 2.1. COMPOSITION
The Board of County Commissioners shall be composed of five members. There shall be five (5) County Commission electoral districts. Each district shall elect one (1) Commissioner.
SECTION 2.2. REDISTRICTING
In the first odd-numbered year after each decennial census, or more frequently where allowed by this section, the Board of County Commissioners shall cause the county to be divided into County Commission districts of contiguous territory as nearly equal in population as practicable. Redistricting shall be the responsibility of a Committee appointed in the same manner as a Charter Review Commission under this Charter. The recommendations of the Committee shall be made directly to the Board of County Commissioners, which shall approve or disapprove them without amendment. In its recommendation the Committee shall, to the extent practicable, preserve the several municipalities and geographically cohesive racial or ethnic minority communities from fragmentation. Redistricting more frequently than decennially shall be permitted only where the population of a district has been changed by more than 25% since the last redistricting.
SECTION 2.3. QUALIFICATIONS
County Commissioners shall be qualified electors of the County. The five (5) Commissioners shall reside within the districts from which they are elected. Any such Commissioner whose residency is removed from the district shall thereupon become disqualified to represent that district, and the office of any such Commissioner shall be deemed vacant, except that any Commissioner who is removed from a district by redistricting may continue to serve during the balance of the term of office.
SECTION 2.4. TERMS OF OFFICE
Each Commissioner shall be elected and serve for four (4) years, beginning on the second Tuesday after election, and continuing after such term until a successor is elected and qualified. The terms shall be staggered as presently provided by general law. No county commissioner shall serve more than two (2) consecutive terms. (Amd. 11-3-98; 11-7-00)
SECTION 2.5. CANDIDACY AND ELECTION
Commissioners shall qualify for election at the same time and in the same manner provided by general law for county commissioners in non-charter counties. No person may qualify as a candidate or appear on the ballot for re-election to the office of county commissioner if, by the end of the current term of office, the person will have served (or, but for resignation, would have served) as a county commissioner for two consecutive terms. (Amd. 11-3-98; 11-7-00)
SECTION 2.6. SALARY AND OTHER COMPENSATION
Salary and other compensation of the County Commissioners shall be the same as that in effect on December 31, 1999. On or before October 1, 2001, and on or before October 1 of every even-numbered year thereafter, the Board of County Commissioners may adopt an ordinance fixing the salaries of Commissioners for the next two years. There shall be no automatic increases in salary or other compensation. An ordinance increasing salary or other compensation shall not become effective until the first day of January in the year following adoption of the ordinance.
The specified salary shall not exceed the average percentage increase in the salaries of county employees for the fiscal year just concluded, or the percentage change of the consumer price index from the previous year, whichever is less. All other compensation must be based on actual expenses incurred in Board directed performance of duties of Commissioners as provided by general law of the State of Florida.
An ordinance providing for an increase in salary or compensation shall be subject to nullification under the provisions for initiative provided in Article 5 of this Charter. Except for such nullification, the salary or other compensation of a Commissioner shall not otherwise be decreased during that Commissioner’s term of office. (Amd. 11-7-00)
SECTION 2.7. VACANCIES AND SUSPENSIONS
A vacancy in the office of County Commissioner arising from the death, resignation or removal of such official shall, if one year or less remains in the term of office, be filled by appointment of the Governor; provided, a vacancy created by recall shall be filled as provided in Section 5.2 of this Charter. Unless otherwise required by the State Constitution or general law, if more than one year remains in the term of office at the time the vacancy occurs, the vacancy shall be filled by a special election. The Board of County Commissioners, after first consulting with the Supervisor of Elections, shall by resolution fix the time period for candidate qualifying, the date of the election, and the date of any runoff election. There shall be a minimum of thirty (30) days between the close of qualifying and the date of the election, and between the election and any runoff election. Such special elections shall otherwise be governed by the applicable provisions of general law.
SECTION 2.8. MEETINGS
2.8.1. Organizational meeting.
An annual organizational meeting of the Board of County Commissioners shall be held on the third Tuesday after the first Monday in November. At its organizational meeting the Board shall elect a Chair and Vice-Chair by majority vote of those Commissioners present, to serve until the next organizational meeting. The Chair shall not be eligible for consecutive re-election, and the succeeding Chair shall not be a Commissioner from the same district.
2.8.2. Special meetings.
Special meetings may be held upon the call of the chairman or two (2) or more Commissioners. Upon a call for a special meeting, the County Manager shall give public notice of the time, place and purpose of the meeting as prescribed by law. Action by the Board of County Commissioners at a special meeting shall be limited to the purpose for which the special meeting was called.
2.8.3. Location of meetings.
The Board of County Commissioners shall hold its regular and special meetings at the Viera Government Center except that it may determine, from time to time, another place or places within the County at which the Board of County Commissioners shall meet specially for the purpose of conducting its business. Notice of the time and place shall be published in a daily newspaper of general circulation in the County at least one (1) week prior to the holding of any such meeting outside the Viera Government Center. Such notice shall contain an agenda of all matters to be acted upon.
SECTION 2.9. AUTHORITY AND JURISDICTION
The Board of County Commissioners shall have, in addition to other powers and duties provided in this Charter, all jurisdiction and powers which are now and which hereafter may be granted to it by the Constitution and laws of Florida, provided that such powers shall be exercised in a manner consistent with the Charter, shall have the specific powers and duties to:
2.9.1. Appoint and reappoint a County Manager and a County Attorney by a majority vote of the total number of Commissioners, and remove the County Manager or County Attorney during a contract term by a majority vote of the total number of Commissioners.
2.9.2. Adopt such ordinances as may be necessary to carry out both the County and municipal powers and purposes.
2.9.3. Review the budgetary requests, including salaries, and make the final budgetary determinations and appropriations for:
(a) All County Governmental operations including but not limited to County management;
(b) All administrative departments of the government;
(c) Boards and special authorities and tax districts which request a portion of the millage levied for County purposes under the State Constitution;
(d) Boards and special authorities and tax districts which request a portion of such other millage as may be levied by the County for municipal service districts.
184.108.40.206. Limitations on growth in ad valorem tax revenues.
(a) Unless otherwise allowed by this subsection 220.127.116.11, the Board of County Commissioners shall not impose any ad valorem tax for county purposes at a millage rate which causes the budgeted revenue there from to the County to increase over the budgeted ad valorem revenue for the previous fiscal year by more than the lesser of: (1) three percent, or (2) the percentage change in the Consumer Price Index from the preceding calendar year, as measured in accordance with Section 193.155(1)(b), Florida Statutes (as that Section exists in 2008 or may thereafter be amended or transferred).
(b) Unless otherwise allowed by this subsection 18.104.22.168, the Board of County Commissioners shall not impose any ad valorem tax for municipal purposes within any municipal services taxing unit, or for district purposes of any district for which the Board has the power to fix or approve the millage rate, at a rate which, for such unit or district, causes the budgeted revenue of the unit or district from ad valorem taxes to increase over the budgeted ad valorem revenue for the previous fiscal year by more than the lesser of (1) three percent, or (2) the percentage change in the Consumer Price Index from the preceding calendar year, as measured in accordance with Section 193.155(1)(b), Florida Statutes (as that Section exists in 2008 or may thereafter be amended or transferred).
(c) Notwithstanding paragraphs (a) and (b) of this subsection, the Board of County Commissioners may impose an ad valorem tax for county, municipal or district purposes at a rate which exceeds the limitations in paragraphs (a) and (b), if a supermajority of the Board concurs in a finding that such an excess is necessary because of emergency or critical need. The finding shall set forth the ultimate facts upon which it is based, and shall be valid for a single budget year.
(d) In calculating the allowable increase in ad valorem revenues over the ad valorem revenues budgeted for the previous year under paragraphs (a) and (b) of this subsection, the Board of County Commissioners shall exclude from the anticipated revenues all revenue changes from the following kinds of property not appearing on the previous year’s roll: (1) new construction; (2) additions to or demolitions in whole or in part of existing construction; (3) changes in the value of improvements that have undergone renovation to an extent of not less than 100% increase in assessed value (as measured from the last year of assessment prior to commencement of renovation); and (4) in the case of municipal service taxing units or districts, any properties added since the previous year’s roll by reason of boundary changes.
(e) Nothing in this subsection shall authorize imposition of a millage rate which exceeds the rate prohibited by the constitution or general laws of Florida , or prohibit imposition of a millage rate which is required by the constitution or general laws of Florida or by any final order of a court of competent jurisdiction. Nothing in this subsection shall apply to any millage necessary to the payment of general obligation bonds in accordance with all bond covenants, or to any other millage approved by referendum of the electors, whether before or after the effective date of this subsection. (Amd. 11-4-08)
This subsection does not grant the County any power of review of the budget of the School District.
2.9.4. In addition to its internal audits and such State audits as may be required by law, cause an annual independent post-audit by a certified public accountant of any and all government operations of County Government.
2.9.5. Adopt and amend a merit system which shall include a salary schedule for all County personnel in accordance with the provisions of this Charter.
2.9.6. Adopt by a majority vote of the total number of Commissioners such rules of parliamentary procedures as shall be necessary for the orderly transaction of the business of the Board of County Commissioners.
2.9.7. Designate which non-elected officers and employees shall be bonded and fix the amount and approve the form of the bond.
2.9.8. Exercise any power of the County not lodged in any other office by this Charter.
2.9.9. Impose such utility taxes as are authorized by general law only after approval of the electors of the County or the affected portion thereof at a duly called referendum.
2.9.10. Citizens process for advising the County Commission
The Board of County Commissioners shall develop procedures that will provide a mechanism for an individual, or an organized group of individuals to submit a formal written recommendation for the enhancement of the effectiveness and efficiency of County government to the County Commission on an annual basis. The County Commission’s procedures shall include the following provisions:
a. An annual filing date;
b. The written recommendations shall be reviewed by the County Commission, and following the review, the County Commission shall vote to either accept the recommendation, accept the recommendation with revisions, or reject the recommendation; and,
c. The County Commission’s final vote and consideration of the recommendation shall occur no later than 120 days after receipt of the written recommendation. (Newly adopted 11-2-10)
SECTION 2.10. LEGISLATIVE PROCEDURES
2.10.1. Official actions.
The Board of County Commissioners may take official action only by the adoption of ordinances, resolutions or motions. For purposes of this section, an ordinance means a legislative action or regulation of a general or permanent nature, enforceable as a local law. A resolution means an expression of a temporary character, or a provision for the disposition of the administrative business of the Board. A majority of the total number of Commissioners shall constitute a quorum, and the concurrence of a majority of the total number of Commissioners shall be required to adopt, amend or repeal any ordinance. A majority of those present shall be required to adopt, amend or repeal a resolution or motion under the terms of this provision. All Commissioners in attendance, including the chairman or presiding officer, shall vote on all actions, except where abstention of a Commissioner from voting is permitted or required by law.
2.10.2. Code of ordinances; public records.
The Board of County Commissioners shall provide for convenient public access, at multiple locations throughout the County, including all public libraries, true copies of the minutes of meetings, ordinances, resolutions and budget documents adopted by the Board of County Commissioners. The Board shall also create and maintain a codification system for all ordinances currently in force. Such codification shall be published and made available for public inspection, copying and subscription on a continuing basis.
Brevard County Charter Articles 3 – 5
Executive Branch: County Manager
SECTION 3.1. COUNTY MANAGER: QUALIFICATIONS
There shall be a County Manager who shall be appointed by and who shall serve at the pleasure of the Board of County Commissioners. The County Manager shall be chosen on the basis of professional training, executive and administrative experience and qualifications. The Manager shall maintain residency within the County during the tenure of office and shall not engage in any other business or occupation without the express approval of the Board of County Commissioners.
SECTION 3.2. COMPENSATION AND TERMS OF EMPLOYMENT
The Board of County Commissioners shall establish the salary for the County Manager at a level, which is commensurate with the requirements of the position and shall at least annually review the salary. Terms and conditions of compensation and employment shall be set forth in a contract.
SECTION 3.3. POWERS AND DUTIES
The County Manager shall be the head of the executive branch of County Government, and shall be responsible to the Board of County Commissioners for the proper administration of all affairs of County Government not otherwise entrusted to an elected County officer. The Manager shall attend all regular and special meetings of the Board of County Commissioners and shall have the right to participate in its discussions.
SECTION 3.4. NONINTERFERENCE BY BOARD OF COUNTY COMMISSIONERS
Except for the purpose of inquiry and information, the Board of County Commissioners, and committees of Commissioners, are expressly prohibited from interfering with the performance of the duties of any employee of the County Government who is under the direct or indirect supervision of the County Manager. Such action shall be malfeasance within the meaning of Article IV, Section 7(a) of the State Constitution.
SECTION 3.5. TEMPORARY ABSENCE
The County Manager may, after notifying the Board of County Commissioners, appoint one of the other non-elected officers or department heads of the County Government to serve as temporary County Manager during the temporary absence or disability of the Manager. In the event the Manager is absent or disabled for more than thirty (30) days, the Board may appoint an acting County Manager for the duration of such absence or disability. An acting Manager shall be subject to appointment and removal in the same manner provided for appointment or removal of the Manager.
SECTION 4.1. ELECTED COUNTY OFFICERS
The offices of Sheriff, Property Appraiser, Tax Collector, Clerk of the Circuit Court, and Supervisor of Elections are expressly preserved as departments of the County Government under this Charter. All of the powers, duties and functions now or hereafter prescribed by the Constitution and general laws of Florida applicable to such officers in noncharter counties are preserved, except as provided by this Charter.
4.1.1. Election and compensation.
(Amd. 11-3- The Sheriff, Property Appraiser, Tax Collector, Clerk of the Circuit Court, and Supervisor of Elections shall be elected and compensated in the manner provided by law for such officers in noncharter counties. 98)
Each County officer shall be subject to removal as prescribed by the State Constitution and general law for such officers in noncharter counties. Any other vacancy in a County office arising from the death, resignation, or removal of such official shall, if one year or less remains in the term of office, be filled by appointment of the Governor; provided, a vacancy created by recall shall be filled as provided in Section 5.2 of this Charter. Unless otherwise required by the State Constitution or general law, if more than one year remains in the term of office at the time the vacancy occurs, the vacancy shall be filled by a special election. The Board of County Commissioners, after first consulting with the Supervisor of Elections, shall by resolution fix the time period for candidate qualifying, the date of the election, and the date of any runoff election. There shall be a minimum of thirty (30) days between the close of qualifying and the date of the election, and a minimum of two weeks between the election and any runoff election. Such special elections shall otherwise be governed by the applicable provisions of general law.
SECTION 4.2. DEPARTMENTS HEADED BY ELECTED OFFICERS
The departments of County Government headed by elected officers enumerated in this section are not subject to the supervision of the County Manager.
4.2.1. Office of the Clerk of Circuit Court.
The Office of the Clerk of Circuit Court shall be directed by the Clerk of Circuit Court, who shall have the powers and duties prescribed by the Constitution and laws of Florida for the office of Clerk of Circuit Court, subject to the exceptions provided in this Charter and with such additional powers and duties as may be conferred under this Charter.
4.2.2. Office of the Sheriff.
The Office of the Sheriff shall be directed by the Sheriff, and shall be responsible for the control, operation and administration of the duties of law enforcement, and all other functions and duties now prescribed by the Constitution and laws of Florida for the office of Sheriff, subject to the exceptions provided in this Charter and with such additional powers and duties as many be conferred under this Charter.
4.2.3. Office of the Property Appraiser.
The Office of the Property Appraiser shall be directed by the Property Appraiser, and shall be responsible for carrying out all functions, duties and requirements prescribed by the Constitution and laws of Florida for the office of Property Appraiser, subject to the exceptions provided in this Charter and with such additional powers and duties as may be conferred under this Charter.
4.2.4. Office of Supervisor of Elections.
The Office of the Supervisor of Elections shall be directed by the Supervisor of Elections, and shall be responsible for carrying out all functions, duties and requirements prescribed by the Constitution and laws of Florida for the office of Supervisor of Elections, subject to the exceptions provided in this Charter and with such additional powers and duties as may be conferred under this Charter.
4.2.5. Office of Tax Collector.
The Office of the Tax Collector shall be directed by the Tax Collector, and shall be responsible for carrying out all functions, duties and requirements prescribed by the Constitution and laws of Florida for the office of Tax Collector, subject to the exceptions provided in this Charter and with such additional powers and duties as may be conferred under this Charter.
SECTION 4.3. OTHER INITIAL DEPARTMENTS
All other departments existing upon adoption of this Charter are recognized and shall continue until modified or abolished by the Board of County Commissioners.
SECTION 4.4. COUNTY ATTORNEY/ DEPARTMENT OF LEGAL SERVICES
There shall be a department of legal services directed by an attorney appointed by the Board of County Commissioners. The Board of County Commissioners shall have the power and authority to employ or contract for other necessary legal services when necessary to carry out the duties and responsibilities of County Government.
SECTION 4.5. DEPARTMENT DIRECTORS AND SPECIFIED ASSISTANTS
The director of each department shall be the principal officer of the department.
4.5.1. Departments supervised by County Manager.
Directors of departments not headed by an elected County officer or the County Attorney, together with those senior assistants to such directors specified by ordinance, shall be appointed by the County Manager, subject to confirmation by a majority vote of the Board of County Commissioners, and shall serve at the pleasure of the County Manager.
4.5.2. Departments headed by elected officers.
Each elected County officer shall be the appointing and discharging authority for all employees and senior assistants of the department headed by that officer.
SECTION 4.6. ESTABLISHMENT AND CHANGES OF DEPARTMENTS; ADDITIONAL POWERS AND FUNDING
4.6.1. No transfer from County Officers.
A power of function existing in any County office by virtue of the State Constitution or general law and placed by this Charter under a County officer may not be further transferred or removed except by Charter amendment. In all other cases the Board of County Commissioners may by ordinance make changes in any or all department organizations including combinations, deletions and creation of departments or divisions or transfer of responsibility between departments and divisions.
4.6.2. Budget approval; additional duties.
The budget of each department headed by an elected County officer shall be fixed and approved by the Board of County Commissioners, subject to the approval and review provided by general law to officers of like powers and functions in noncharter counties. No additional duties requiring the expenditure of funds shall be assigned under this Charter to any department headed by an elected County officer, unless funds are appropriated for that purpose or the officer consents to assume such duties without additional funding.
Powers Reserved to the People: Initiative and Recall; Limitations on Indebtedness and Ad Valorem Taxation
SECTION 5.1. INITIATIVE
The electors of Brevard County shall have the right to initiate County ordinances in order to establish new legislation that is not in conflict with the State Constitution, general law or this Charter, and to amend or repeal existing ordinances when such amendments or repeal are not in conflict with the State Constitution or general law, upon petition signed by a number at least equal to five percent (5%) of electors qualified to vote in the last preceding general election; provided that the number shall contain at least five percent (5%) of the qualified electors in each of at least three Commission election districts.
5.1.1. Procedure for Petition.
The sponsor of an initiative shall, prior to obtaining any signatures, submit the text of a proposed ordinance or Charter amendment to the Supervisor of Elections, with the proposed ballot summary and the form on which signatures will be affixed and obtain a dated receipt therefore. The allowable period for obtaining signatures on the petition shall be completed not later than nine (9) months after the initial receipt of the petition by the Supervisor of Elections. The sponsor shall thereupon submit signed and dated forms to the Supervisor of Elections and upon submission shall pay all fees required by general law. The Supervisor of Elections shall within sixty (60) days verify the signatures thereon, or specify a reason for the invalidity of each rejected signature if the petition is rejected for insufficiency of the number of valid signatures. If the petition is rejected for insufficiency of the number of signatures, the sponsor shall have an additional thirty (30) days within which to submit additional signatures for verification. The Supervisor of Elections shall, within thirty (30) days verify the additional signatures. In the event sufficient signatures are still not acquired, the petition initiative shall be rendered null and void and none of the signatures may be carried over onto another identical or similar petition.
5.1.2. Consideration by Board of County Commissioners.
Within sixty (60) days after the requisite number of names has been verified by the Supervisor of Elections and reported to the Board of County Commissioners, the Board of County Commissioners shall give notice and hold a public hearing on the proposed ordinance according to law and vote on it. If the Board fails to enact the proposed ordinance, it shall by resolution, call a referendum on the question of the adoption of the proposed ordinance to be held at the next general election occurring at least forty-five (45) days after the adoption of such resolution. If the question of the adoption of the proposed ordinance is approved by a majority of those registered voters voting on the question, the proposed ordinance shall be declared by resolution of the Board of County Commissioners to be enacted and shall become effective on the date specified in the ordinance, or if not so specified, on January 1 of the succeeding year. The Board of County Commissioners shall not amend or repeal an ordinance adopted by initiative, without the approval of a majority of the electors voting at a referendum called for that purpose.
5.1.3. Limitation on ordinances by initiative.
The power to enact, amend or repeal an ordinance or amend this Charter by initiative shall not include ordinances or provisions relating to the existing County budget, existing debt obligations, existing capital improvement programs, salaries of non-elected County officers and employees, the collection of taxes, or the rezoning of less than five percent (5%) of the total land area of the County.
SECTION 5.2. RECALL
The County Commissioners shall be subject to recall as provided by general law. Any elected County officer named in Section 4.2 of this Charter may be recalled in the manner provided by general law for removal of a County Commissioner of a charter county. A successor to the unexpired term of any recalled commissioner or elected County officer shall be elected in the manner provided by general law for filling of vacancies in office after recall in charter counties.
SECTION 5.3. LIMITATION ON DEBT OR ITS EQUIVALENT
In addition to the limitations on general obligation debt imposed by the State Constitution, the issuance by the County of notes, bonds or other instruments of indebtedness evidencing borrowing to be paid back in part or in full by non-ad valorem tax revenues received by the County, in an amount which, individually or in combination with other issues for the same project authorized within the preceding two (2) years, exceeds $15,000,000.00 [On 2/15/07, the BOCC adopted Resolution No. 07-037 amending the County’s debt ceiling as provided by County Charter and Ordinance No. 02- 65 to $20,220,435.] (including administrative costs of the issue), shall be authorized only after approval by a majority vote of the electors at a special election called for that purpose or in conjunction with any regular election. No proceeds of instruments of indebtedness shall be issued to finance current operations of County Government, except that part of current expenses directly allocable to capital projects. Nothing in this section prohibits issuance of tax anticipation notes payable in one year or less.
5.3.2. Lease-purchase contracts.
Lease-purchase instruments of indebtedness shall be limited to the acquisition of equipment or other tangible property having a value of not more than $1,000,000.00 per individual contract. Lease-purchase instruments of indebtedness shall not extend longer than the useful life of such equipment or tangible property, and shall not pledge, directly or indirectly, any ad valorem revenues of the County.
The limitations in the foregoing subsections do not apply to projects mandated by judicial decree, self-liquidating projects, utility or other enterprise funds, road projects funded by gasoline taxes, or to the refinancing of any existing instruments of indebtedness or certificates of participation to reduce the cost of debt service.
Notwithstanding the limitations of this Article, whenever a disaster or emergency has been declared by the Governor of Florida or the President of the United States, the Board of County Commissioners may authorize the issuance of notes, bonds or other instruments of indebtedness (including lease-purchase agreements and covenants to budget) to the full extent permitted by the State Constitution and general laws of Florida, for the sole purpose of repair or reconstruction of infrastructure or capital facilities of the County damaged by flood, tornado, hurricane, act of war, act of God, or other declared disaster or emergency.
5.3.4. Indexed ceilings.
The maximum amounts fixed in this Article for the issuance of bond or lease-purchase undertakings not approved at referendum shall be increased or decreased from time to time in proportion to the increase or decrease based on a generally accepted consumer price index to be designated by Ordinance.
SECTION 5.4. PRESERVATION OF EXISTING MILLAGE LIMITATIONS
5.4.1. Levy of new non-ad valorem special assessments.
Brevard County shall not levy new non-ad valorem special assessments (excluding Municipal Service Benefit Units) without the approval of a majority of the electors residing within the boundaries of the district or other area of the County where the special assessments are proposed to be levied, voting thereon at a general election or special election called for purposes of such approval. (Amd. 11-3-98)
5.4.2. Truth in Taxation.
(a) In any year in which the Board of County Commissioners tentatively adopts a millage rate in excess of 100 percent of the rolled-back rate computed pursuant to Florida law, the Board of County Commissioners shall be required to publish a notice in a local general circulation newspaper, with additional information to explain any increase in ad valorem tax revenue to be spent in the proposed budget over those levied in the prior fiscal year. The advertisement shall be published in a newspaper of general circulation published at least five days a week. This advertisement shall be no less than one-quarter page in size and both the headline and the actual percentage increase proposed total ad valorem tax proceeds in the advertisement shall be in a type no smaller than 18 points. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Such advertisement shall take place within 15 days after the meeting adopting the tentative budget and shall state the County’s intent to finally adopt a millage rate and budget. The public hearing to finalize the budget and adopt a millage rate shall be held not less than two days or more than five days after the day that the advertisement is first published. The advertisement shall be substantially in the following form:
BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS DISCLOSURE OF TAX INCREASE PURSUANT TO THE BREVARD COUNTY CHARTER
1. The Brevard County Board of County Commissioners has tentatively adopted a proposed aggregate millage rate of __________ which is an increase over the aggregate roll-back rate of _________. This increase is a ________ percent change over the aggregate roll-back rate, yielding $ _________ in additional revenue over the prior year’s proceeds as reflected on the Certificate of Taxable Value.
2. The proposed aggregate millage rate will also yield an additional $_______ in revenue as a result of the taxable value of new construction which is not included in the rolled-back calculation, pursuant to Section 200.065(1), Florida Statutes.
The sum total of additional ad valorem revenue proposed, as reflected in Sections 1 and 2 above, is $ _______. This represents an actual increase in proposed revenue of the following percentage:
ACTUAL PERCENTAGE INCREASE IN PROPOSED TOTAL AD VALOREM TAX PROCEEDS OVER THE PRIOR YEAR _________%.
(b) In the event a new taxing district is created, the percentage increase in the total tax proceeds over the prior year will increase and therefore the notice shall contain a notation to explain that contribution to the total increase expressed as a percentage.
(c) If new unfunded state mandates caused an increase in the total tax levy over the prior year, the notice shall contain a notation to indicate that cost impact and its contribution to the total increase expressed as a percentage. (Amd. 11-7-2004)
SECTION 5.5. CREATION OR ENLARGEMENT OF MUNICIPAL SERVICE TAXING UNITS
Prior to either establishing a new Municipal Service Taxing Unit or enlarging the boundaries of an existing Municipal Service Taxing Unit, the County Commission may hold a non-binding referendum within the area where the MSTU is to be established. The County Commission shall comply with all relevant provisions of general law relating to the calling, notice and timing of such a referendum. (Amd. 11-7-00)
SECTION 5.6. PUBLIC PARTICIPATION AND INCLUSION
All citizens and taxpayers are entitled to have access to their elected officials, to present their grievances to their County Government, and to participate in County Government in an effort to guide the future of the community. When making appointments of individual citizens who desire to participate in their government to any decision making, regulatory or advisory board or committee, including the Charter Review Commission, the Board of County Commissioners shall make such appointments based on competence, expertise or merit of the prospective appointee. When appointments to all of the County’s boards and committees are taken as a whole, the appointments should include citizens from all segments of society in Brevard County, reflecting the differing viewpoints, gender, life experiences, professions, races, and ethnic background of Brevard County society and in an effort to provide balance with regard to race, gender or ethnic background. (Amd. 11-7-00)
Brevard County Charter Articles 6 – 8
Special Districts and Authorities
As provided in Article VIII, §1 (g) and §6 of the State Constitution, the Board of County Commissioners may by ordinance amend or repeal any local or special act of the Legislature applicable solely to the unincorporated areas of the County.
SECTION 7.1. EFFECTIVE DATE
This Charter shall become law when approved by a majority of those electors voting on the matter in a referendum to be held in the County in November 1994 under the provisions of the Constitution and laws of Florida. The Charter Government shall assume all powers and duties provided by this Charter on the first day of January 1995, the effective date of this Charter.
SECTION 7.2. TRANSITION
7.2.1. Continuation of laws, ordinances and contracts.
Unless expressly provided otherwise in this Charter, the adoption of this Charter shall not affect any existing contracts or obligations of Brevard County; the validity of any of its laws, ordinances, regulations, and resolutions; or the term of office of any elected County officer, whose term shall continue as if this Charter had not been adopted.
7.2.2. Initial County Commissioners.
The persons comprising the Brevard County Board of County Commissioners on the effective date of this Charter shall become the initial members of the Board of County Commissioners of the charter government and shall perform the functions thereof until the expiration of their terms or until qualification of their successors as provided by law.
7.2.3. Initial County Officers.
The persons holding office as the Clerk of Circuit Court, Sheriff, Property Appraiser, Tax Collector and Supervisor of Elections of Brevard County shall constitute the County Officers of like name recognized under this Charter and shall perform the functions thereof until the expiration of their respective terms of office or until qualification of their respective successors as provided by law. All duties and employees of the elected County Officers shall, on the effective date of this Charter, continue as deputies and employees of the respective elected officers under this Charter, and all existing wages, benefits, agreements and conditions of employment of such deputies and employees shall continue in effect. The County Administrator and County Attorney employed on the effective date of this Charter shall serve as the County Manager and County Attorney respectively, subject to termination and replacement as provided herein.
7.2.4. Employee continuation.
All employees of the former County Government shall on the effective date of this Charter become employees of the County Government created by this Charter. All existing wages, benefits, collective bargaining certifications and agreements, contracts and conditions of employment shall continue, until modified by lawful action of the Board of County Commissioners.
7.2.5. Continuation of agencies and advisory bodies.
All existing appointments or designations of nongovernmental agencies or corporations to act as official agencies of the County shall remain in full force and effect in accordance with the terms of such appointment and the provisions of this Charter. All members of advisory boards, resource groups or committees appointed for terms expiring after the effective date of this Charter shall continue to serve their terms without necessity of reappointment under this Charter.
7.2.6. Outstanding bonds.
All bonds, revenue certificates, and other financial obligations of the county outstanding on the effective date of this Charter shall be obligations of the charter government. All actions taken by the former government relating to the issuance of such obligations are hereby ratified and confirmed. Payment of such obligations and the interest thereon shall be made solely from and charged solely against funds derived from the same sources from which such payment would have been made had this Charter not taken effect.
SECTION 7.3. CHARTER AMENDMENT
7.3.1. Amendment by the Board of County Commissioners.
The Board of County Commissioners, upon the concurrence of not less than four members, shall have the authority to propose amendments to this Charter not inconsistent with the State Constitution and with general law.
7.3.2. Amendment by petition.
Amendments to this Charter may be proposed by a petition signed by at least four percent (4%) of the electors from each County Commission District, provided that any such amendment shall embrace but one subject matter directly connected therewith in the manner set forth in subsections 22.214.171.124 through 126.96.36.199. below.1
188.8.131.52. Each amendment shall embrace but one subject and matter directly connected therewith. The amendment shall not extend to existing budgets, existing debt obligations, existing capital improvement obligations, salaries of non-elected County officers and employees, the collection of taxes or rezoning of less than five per cent (5%) of the total land area of the County.
184.108.40.206. The sponsor of the measure shall register as a political committee as required by general law, and shall submit a petition setting forth the ballot title, substance and text of the proposed amendment to the Supervisor of Elections. The sponsor must then obtain the signatures on the petition of at least 1% of the electors from each County Commission district and then resubmit the signed petitions to the Supervisor of Elections for verification that the electors signing the petition are qualified voters. When the Supervisor of Elections has verified the signatures, the Supervisor shall report such verification to the Board of County Commissioners.
220.127.116.11. Once the signatures are verified, the County Commission, at the county’s expense, shall empanel a panel of three persons to determine whether the proposed amendment and ballot language embraces one subject only and is consistent with the Florida Constitution, general law and this Charter. The persons serving on the panel shall have demonstrated experience in Florida local government law and shall either be licensed to practice law in the State of Florida or have retired from a Florida law practice or the Florida judiciary within the past five years.
18.104.22.168.2 If at least two members of the panel find that the proposed amendment is consistent with the Florida Constitution, general law and this Charter, then such consistency shall be presumed and the petition shall be returned to the sponsor who must thereafter obtain enough signatures from electors in each county commission district to bring the total number of petition signatures to at least 4% of the qualified electors in each county commission district. The verification procedures for signatures on initiative petitions set forth in Section 5.1.1 of this Charter shall thereafter be followed.
Since this charter does not provide the Board, or the Petitioner with an avenue to determine whether proposed amendments are consistent with the State Constitution or general law, the proposed amendment will be governed by Section 1.3 and Section 1.6 of this charter, and the proposed amendment will be placed on the ballot for approval or rejection. The sponsor of an amendment shall, prior to obtaining signatures, submit the text of the proposed amendment to the Supervisor of Elections, with the proposed ballot summary and the form on which signature will be affixed. The procedures for initiative petitions set forth in Section 5.1.1 of this Charter shall thereafter be followed. The power to amend this Charter by initiative shall not extend to existing budgets, existing debt obligations, existing capital improvement programs, salaries of non-elected County officers and employees, the collection of taxes, or the rezoning of less than five percent (5%) of the total land area of the County.
7.3.3. Amendment referendum.
The Board of County Commissioners will cause any Charter amendment proposed under section 7.3.1 or 7.3.2 to be submitted to the electors for their approval or rejection. Upon receipt of the official certification from the Supervisor of Elections that the initiative requirements have been met, the Board will, within 30 days, establish the referendum date. The proposed amendment will be placed on the ballot at a special election held concurrent with the next countywide election, or at any earlier special election called for that purpose. If the Board refuses to comply with Section 7.3.2 or refuses to place the proposed amendment on the ballot as required by this section of the charter, the Board’s action may be construed as interfering with the right of the people to petition and may be considered an act of malfeasance within the meaning of Article IV, Section 7(a) of the State Constitution.
Notice of said referendum, together with the language of the proposed amendment, shall be published once a week for four (4) consecutive weeks in a newspaper of general circulation in the county, the first publication being not more than forty-five (45) days prior to the referendum. Passage of proposed amendments shall require approval of a majority of electors voting in said election. (Amd. 11-7-00)
SECTION 7.4. CHARTER REVIEW
Not later than July 1 of the year 1997 and of every sixth year thereafter, the Board of County Commissioners shall appoint a Charter Review Commission to review the Charter of the County. Each Charter Review Commission shall consist of fifteen (15) persons, with not less than two (2) members residing in each Commission district. The Commission shall otherwise be appointed in the manner provided by law for the appointment of charter commissions in counties without charters. The Commission shall be funded by the Board of County Commissioners and shall be known as the “Brevard County Charter Review Commission.” It shall, within one (1) year from the date of its first meeting, present to the Board of County Commissioners its recommendations for amendment of the Charter or its recommendation that no amendment is appropriate. If amendment is to be recommended, the Charter Commission shall conduct three (3) public hearings, at intervals of not less than ten (10) days, immediately prior to the transmittal of its recommendations to the Board of County Commissioners. The Board of County Commissioners shall schedule a referendum on the proposed charter amendments concurrent with the next general election. The Charter Review Commission may remain in existence until the general election for purposes of conducting and supervising education and information on the proposed amendments.
7.4.1. Independent Review of Proposed Charter Amendments.
1. For any proposed amendment sponsored by the County Commission or the Charter Review Commission, the County Commission, at the county’s expense, shall empanel a panel of three persons to determine whether the proposed amendment and ballot language embraces one subject only and is consistent with the Florida Constitution, general law and this Charter. The persons serving on the panel shall have demonstrated experience in Florida local government law and shall either be licensed to practice law in the State of Florida or have retired from a Florida law practice or the Florida judiciary within the past five years.
2. If at least two members of the panel find that the proposed amendment embraces only one subject and is consistent with the Florida Constitution, general law and this Charter, the County Commission shall place the proposed charter amendment on the ballot for consideration at a referendum at a special election held concurrently with the next countywide election or at an earlier special election called for that purpose. Notice of the election shall conform to the requirements set forth in the last paragraph of section 7.3.3. in this Charter. Passage of a proposed charter amendment shall require approval by a majority of the registered electors voting in the special election.
7.4.2. Analysis of fiscal impact of proposed charter amendment
The Charter Review Commission shall obtain an analysis of the fiscal impact of a proposed charter amendment prior to transmittal of the proposed charter amendment to the County Commission. (Newly adopted 11-2-10)
SECTION 7.5. SEVERABILITY AND VALIDITY
If any part of this Charter is held invalid or unconstitutional, the remainder thereof shall remain in full force and effect. For purposes of the method of election or manner of choosing, and provision for recall or filling of vacancies in office of the County Commissioners and other County officers, said offices shall be deemed to be created by this Charter under the powers reserved to the people of Brevard County by Article VIII, §1(d) and (e) of the State Constitution, but in all other respects the County officers have all of the powers, duties and responsibilities of officers in non charter counties elected under the provisions of general law.
1 The wording of section 7.3.2 presented here is a combination of the amendment wording set forth in County Commission Corrected Resolutions 2000-268 and 2000-269, both of which received referendum approval. The precise language of the two resolutions as approved by the voters has been combined in this form by the editors in an attempt to preserve the actual text as well as the intent and meaning of the text in both approved amendments.
2 The editors have renumbered this subsection from (c), which is the designation given to this paragraph in County Commission Resolution 2000-268, to 22.214.171.124, which is referenced at the end of the first sentence of section 7.3.2 in Corrected Resolution 2000-268. This change corrects an apparent scrivener’s error in the text of the original Corrected Resolution 2000-268 in which it appears that sub paragraph (c) should have been numbered as subsection 126.96.36.199.
School Board of Brevard County
SECTION 8.1. ELECTION OF SCHOOL BOARD MEMBERS
Members of the School Board of Brevard County elected after January 1, 1999, shall be elected on a single-member representation basis as follows: The school district shall be divided into school board residence areas, one for each seat on the school board, the areas together covering the entire school district and being as nearly equal in population as is practicable, as provided by general law. Each school board member shall reside in one residential area at the time of qualifying for office and shall continue to reside in the area for which the member was elected throughout the term of office as a qualification to hold the office. School board members shall be nominated and elected only by the qualified electors who reside in the same residential area as the member. All members shall be elected for four-year terms, staggered. This provision shall not affect the members of the school board who are in office on January 1, 1999, who shall serve the remainder of their terms of office as if this provision had not been adopted. (Amd. 11-3-98)