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DELEGATE GRANT: On page 28, line
1, you indicate that the board of commis-
sioners may appoint a charter board at
any time. Would you indicate whether a
charter board could consist of a board of
one person, and could it also mean the
county commissioners?
DELEGATE JAMES (presiding) : Dele-
gate Hardwicke.
DELEGATE HARDWICKE: The an-
swer to both questions is yes. It could be
one person, it could be the president of the
board of county commissioners.
DELEGATE JAMES (presiding) : Are
there any other questions about section 30?
(There was no response.)
If there are no questions on section 30,
we will proceed to section 31, the amend-
ment of an instrument of government. Are
there any questions about the amendment
to an instrument of government?
(There was no response.)
If there are no questions, we will pro-
ceed to section 32, County Commissioners.
The Chair hearing no questions, the next
section is section 33, County Surveyors.
Delegate Bennett.
DELEGATE BENNETT: Mr. Chair-
man, if it is not too late to revert to section
30, can you advise me whether the county
charter as drafted can be seriously con-
tradictory of the model charter adopted by
the legislature?
DELEGATE JAMES (presiding) : Dele-
gate Hardwicke.
DELEGATE HARDWICKE: Yes, it can,
Delegate Bennett.
DELEGATE JAMES (presiding) : Dele-
gate Bennett.
DELEGATE BENNETT: Then it is
quite possible that we will have some pretty
wide variations in these charters, is it not,
dealing with such things as property quali-
fications, for instance, for voting?
DELEGATE JAMES (presiding) : Dele-
gate Hardwicke.
DELEGATE HARDWICKE: No, Dele-
gate Bennett. That is regulated by this
constitution.
DELEGATE JAMES (presiding) : Dele-
gate Bennett.
DELEGATE BENNETT: All right —
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DELEGATE HARDWICKE: Let me
change that answer slightly: to the extent
that this constitution permits a person who
is not a resident but owns property in a
given municipality, for example, to vote,
that kind of thing can be governed by the
charter of the municipality, but a charter
can contain any provision that the people
of a given county want it to contain pro-
viding it does not conflict with this con-
stitution.
DELEGATE JAMES (presiding) : Or
conflict with general law.
Delegate Hardwicke.
DELEGATE HARDWICKE: Or public
general law, yes, sir.
DELEGATE JAMES (presiding) : Dele-
gate Bennett.
DELEGATE BENNETT: What I was
hoping was that this model charter would
set certain minimum standards.
DELEGATE JAMES (presiding) : Dele-
gate Hardwicke.
DELEGATE HARDWICKE: That is not
the purpose of it. The purpose of the model
charter is to set forth a charter which the
counties will know in advance will be their
charter, if they fail to adopt one.
In other words, the model charter is not
to serve as a guide. The model charter is to
serve as an instrument of government in
those counties which for one reason or an-
other do not adopt one for themselves.
Let's point out to you that the word
"model" is not used. That is the word which
some of us have coined. It may be an un-
fortunate word. It is a charter which would
be effective in the absence of another char-
ter being adopted.
DELEGATE JAMES (presiding) : If
there are no further questions on the sec-
tions relating to local government, we will
proceed to general provisions, section 34.
Are there any questions concerning section
34?
The Chair hearing none, section 35.
The Chair hearing no questions, the
Chair feels that we should ask whether
there are any questions concerning any of
this.
Does Delegate Marion wish to ask a ques-
tion on section 35?
DELEGATE MARION: A general
question.
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