TITLE 31

COUNTIES AND COUNTY LAW

CHAPTER 58

CHARTER FORM OF COUNTY GOVERNMENT

31-5808.  Charter provisions — Elected legislative body — Executive structure — Tax administration. (1) The charter shall expressly provide for an elected legislative body to perform the legislative functions of the county government. The charter shall define the following:

(a)  Name of the legislative body;

(b)  Number of members;

(c)  Terms of office;

(d)  Qualifications of office;

(e)  Manner of filling vacancies;

(f)  Date and manner of election and whether at large or by districts;

(g)  Whether the election shall be partisan or nonpartisan;

(h)  The powers and duties of the legislative body; and

(i)  Any other information necessary to give a complete description of the legislative structure of the county government.

(2)  The charter shall expressly define the officers who will perform the executive functions of the county government, including, without limitation, the chief executive and administrative officer or officers, the chief financial officer, the chief law enforcement officer, and the officer responsible for performing the duties and functions of the prosecuting attorney. With respect to each officer performing executive functions the charter shall define the following:

(a)  Whether appointed, hired on a contractual basis, or elected; and, if elected,

(b)  The term of office;

(c)  The qualifications for office;

(d)  The manner of filling vacancies;

(e)  The date of election;

(f)  Whether the election shall be partisan or nonpartisan;

(g)  The powers and duties of each officer;

(h)  The departments or other organizational structures which will comprise the executive branch of the government; and

(i)  Any other information necessary to provide a complete description of the executive structure of the government.

(3)  The charter shall expressly define the officers responsible for the performance of the powers and duties of the county with respect to taxation, including, without limitation, all those duties required by law to be performed by the board of county commissioners, the county assessor, the county treasurer and the county auditor. The charter shall provide the duties and functions of each officer.

(4)  Notwithstanding the foregoing, the charter may provide that executive and administrative functions will be performed by one (1) or more members of the legislative body.

History:

[31-5808, added 1996, ch. 129, sec. 1, p. 450.]