Fachest Town HallThis building is the center of all government buisness. It was run by Athuarians until the election on May 12th, 2010, when the new Mayor and city council were elected. The Mayor, Cyrus Ragnar and his Council often sleep on the premises even though they own the entire top floor of Appartment Block A with the penthouse on top for Cyrus Ragnar himself.
City Constitution of Fachest
(Adopted on February 18, 2010)
All Legislative Powers of Fachest herein granted shall be vested in the Council of Fachest, which shall consist of 10 elected officials who are elected by the citizens of Fachest a secret ballot by simple majority. No person shall be a Council member who is not a citizen and an adult, herein defined as the equivalent of a 20 year old human or older. No convict serving time may run for Council, or hold any other governmental office. The citizens of Fachest may recall a Council member by petition and then a recall election. The petition must have the signatures of 1/5 of the adult population to set a recall election, and a popular vote of 2/3 against the Council member will remove that member from office. Only adult citizens may vote.
The Council members are restricted to a maximum of 2 consecutive terms that last 2 years each. Terms of the members will be staggered with an election every year on the first Tuesday after the first day of Spring.
The Council will appoint a board who will decide who may become a citizen of Fachest.
A 6/10 vote is needed to pass laws and regulations or to propose an amendment. A vote of 2/3 of the citizens is required to pass an amendment.
The Council can set the currency standard for Fachest. The Council will establish all the laws and regulations. The Council can declare a state of emergency and under such commandeer people, goods, or services for the help of the community. The council may also provide for a standing armed force, composed of volunteer citizens, for protection of the city.
In case of an empty Council seat, whether by death, resignation, impeachment, excessive absence, or any other reason, a new election will be held for the opening position or positions within a month’s time of its vacancy. The elected members shall take the position for the remainder of the term, but will not count as a full term in the count of restriction of successive terms. The replacement position is open to previous Council members restricted by term length as well. Any vote requiring the Council will force the empty seat or seats to abstain, until the election is held. If a member of the Council is on temporary leave, all votes held during that period require the empty seats to abstain. In emergency cases where a quorum cannot be obtained by absence, the present members of the Council may vote unanimously to pass emergency measures. If there is one or no Council members present at the time of an emergency, the Mayor will decide, pending the approval of the people.
The Council has the right to impose, but is not limited to, the following: taxation of citizens, payments for services rendered, general earnings, interest rates, building fees and other fees, but only after all actions have been approved by a 6/10 vote of Council. Such regulations may be set aside by a petition and 3/4 vote of the citizens of Fachest.
The Judicial Power of Fachest shall be vested in 1-5 Judges, with a term of 3 years, appointed by the Mayor and approved by the Council.
The Judge shall rule all cases, civil and criminal, within the Jurisdiction of Fachest, including the town proper and surrounding environs, and lands and business ventures of the town. The jury will consist of 10 citizens of Fachest. The Judge decides the punishment, but can be changed by a 10/10 vote of the Council. In addition, the Council shall be granted the ability to set aside or change a judgment or verdict by a unanimous decision if there should be any argument to the validity or process of a verdict. If they are not unanimous, the judgment will stand.
The Judge has the power to declare laws or regulations invalid, provided there is a justification for the ruling. This can be overturned by a 10/10 vote of the Council and a 2/3 vote of the people.
The Judge may be removed by a 3/4 vote of the people. Then a new Judge will be chosen.
In criminal trials, there shall be a ten person jury of Fachest citizens who do not hold any official office provided by these Articles, and chosen randomly. The penalty for conviction in criminal trials shall be incarceration until the Council decides on a fitting punishment, with the exception of theft. In the case of theft the object stolen, or a reasonable replacement, shall be returned to the owner along with a monetary amount equal to the designated worth of the stolen object. If the offender can not pay, he shall be confined to Fachest and it’s environs, by magic if necessary, until he pays the full amount.
Civil trials will be decided by the Judge. The Judge may question both parties himself to ascertain the facts. Lawyers may be present to represent the parties, but are not necessary. The Judge will set the penalties or decide custody in such cases.
The prosecutor will be chosen by the Judge, and must be diligent in his duty, not being absent from the court for lengthy periods of time. The Judge may replace the prosecutor with someone else if necessary. The defense shall be chosen by the accused, or the accused may defend himself. The Judge may appoint a defense attorney if the accused can not decide. The accused may change attorneys if he unsatisfied with the attorney's performance. The burden of proof lies with the prosecution. If the prosecution fails to procure a sufficient cause of action, the defense may call for a demurrer to challenge the validity of the case prior to the court session or motion for a directed verdict to dismiss the case before the defense offers any evidence. The Judge also holds the right to refuse any civil case that is frivolous or without merit. The Council holds the right pardon someone convicted in a criminal case. The pardon shall be given by a unanimous decision.
No person may be deprived of life, liberty, or property without due process of law. This does not include temporary restraints for the safety of others. Persons deemed dangerous to others may be restrained or jailed until the safety of others has been guaranteed. Likewise property deemed dangerous to others may be confiscated until the safety of others has been guaranteed. Individuals have the right to protect themselves provided undue force is not used. People also have the right to peaceably assemble, and the right to free speech.
Any government official my be impeached for significant wrong doing. Evidence will be presented to the Council to see if it warrants a trial. If there is enough evidence there will be a trial by jury in the normal manner, and if convicted the government official will lose his position. Even if the government official is pardoned by the Council in the case of a criminal conviction, that official shall be removed from office. Any further punishment needed will be decided by the Council. If the one on trial is the only Judge, the Mayor will appoint a temporary Judge. A government official convicted in an impeachment process will not be eligible for any office for the next full year under any circumstances.
The Mayor of Fachest is the executive office of Fachest. As such he has responsibility for seeing that the laws and regulations are upheld, and may appoint or hire a police force as necessary. The Mayor’s office will also coordinate all of Fachest’s activities and civic duties, including those that are in cooperation with other governmental entities in Triudomhan. The Mayor is elected by the citizens of Fachest a secret ballot by simple majority, and serves a term of 4 years. The mayor must meet the same requirements as a Councilman, and may be recalled in the same manner.
In a declared emergency the Mayor will make decisions on the behalf of the people in Fachest and its environs, pending agreement of the Council and/or the citizens. If there is one or no Council members present at the time of an emergency, the Mayor will decide on laws and regulations, pending the approval of the people. Any such laws or regulations will be null and void after the emergency has passed unless voted on by the Council. The mayor also has control of the armed forces for the protection of the city.
The Mayor also appoints all Judges. In case of the absence of the only appointed Judge, whether by death, resignation, impeachment, excessive absence, or any other reason, a new Judge will be selected by the Mayor and approved by the Council. If the presence of a Judge is needed at the time of a vacant position, the Mayor has the power to select a temporary Judge to take over the Judge's duties until a new Judge can be selected and approved. The temporary Judge that is appointed may become the new Judge, if so approved.
Amendment 1 (added February 15, 2011)
The term limits of Mayor and Council members shall be increased to 8 years without limit to reelection in consecutive terms.
May 12th, 2010, came and went. There wasn’t much to the counting of the ballots even though the voter turnout was better than the Athuarians anticipated, mostly due to Cyrus Ragnar’s voter drive, but almost everyone voted for the same candidates. Very few voted for anyone other than the members of Cyrus Ragnar’s mysterious little group. It didn’t really matter to the Athuarians who won, as long as they could turn over the running of Fachest to someone else and go back to the Library City.
The results were:
Mayor - Cyrus Ragnar
1. Rikard Stig
2. Markos Iakobos
3. Hal Leiandros
4. Pio Quirino
5. Ingram Kelly
6. Dane Creighton
7. Lucian DufBrand
8. Ulric Osborn
9. Soren Rudolf
10. Victor Anselme
Cyrus Ragnar's appointed Judge- Roy Freisler
September 3rd, 2010 the mayor of Fachest established an "energy usage" curfew. All businesses must be closed between the hours of 10:00 p.m. and 6:00 a.m., and all people must be indoors between the hours of 11:00 p.m. and 6:00 a.m. unless they have official permission to be out.
February 15, 2011, an Amendment was added to the Fachest Constitution as follows;
The term limits of the Mayor and Council members shall be increased to 8 years without limit to reelection in consecutive terms.
((This allows for an unlimited power of Cyrus Ragnar's government as long as the people of Fachest remain complacent.))
For more information on recent changes see this conversation...