Petition to the Board of Supervisors of Mendocino County

WHY BE A CHARTER COUNTY?
      Fourteen counties in California have become Charter counties because then they enjoy more independence and sovereignty than "general law" counties.   Mendocino County wants to become the fifteenth to have "home rule,"   which "means the right of the populace of a local area to create ... their own local governments, define its powers, describe the boundaries within which it is to exist, and prevent interference by the state government with what they have created"; however, the breadth of this power of self-government is embraced "within [the] limits laid down by the state constitution and ... state statutes."
       We are especially interested in a charter county's right to have a public bank, as well as to set up procedures to prevent fraudulent foreclosure practices and to assure ethical investing of Mendocino County's  money.   Why do we want a public bank?   Most state legislatures know by now that the State of North Dakota is the only state in the union to avoid the ill effects of the recent recession, and the reason that North Dakota is in such good financial shape is that it has a public bank--the Bank of North Dakota.  
A public bank keeps tax revenues and other sources of income within the state or county to use in
* funding infrastructure development at low or no interest
* working with local banks to increase their ability to make loans
* providing low interest student loans
* providing emergency relief after a natural disaster
* cutting debt services on loans to the county so that the loans do not cost up
to 40% in interest
* increasing local sovereignty and self-reliance
* protecting the public's money from risky big bank investments.  
North Dakota recently cut property and income taxes by $400 million because it didn't need the revenue.     It is not surprising that 20 states, including California, are investigating opening a state bank.  But Mendocino County as is often he case, can be a leader and open its own Bank of Mendocino County to keep our money local to help the local economy instead of giving the money to the big banks to invest elsewhere.   Why not have our own bank and save the $45,000 a year that we give to Bank of America to service our account?    Let's have home rule and a public  bank instead.   

DRAFT MENDOCINO COUNTY CHARTER

We, the sovereign people of Mendocino County, in order to secure the benefits of home rule, increase citizen participation in county government, improve efficiency, and provide for a responsible and cooperative county government, do hereby ordain and establish for its government this Charter.

ARTICLE I: NAME AND RIGHTS OF THE COUNTY
Sec. 1. The County of Mendocino, State of California, is a body corporate and politic, and as such has all the powers specified by the Constitution and laws of the State of California, and by this Charter, and such other powers as are necessarily implied. (Article 11 of the California Constitution, Sec. 4 (h) Charter counties shall have all the powers that are provided by this Constitution or by statute for counties. Sec. 7. A county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; Boundaries of County, Section 23152 of the Government Code, Sections 23700-23732 of the Government Code.
Sec. 2. The powers mentioned in the preceding section can be exercised only by a Board of Supervisors, or by agents and officers acting under their authority or by authority of law or of this Charter.
Sec. 3. The corporate name shall be “County of Mendocino,” which must be thus designated in all actions and proceedings touching its corporate rights, properties and duties. Its boundaries and county seat shall remain the same as they now are until otherwise changed by law.

ARTICLE II: BOARD OF SUPERVISORS
Sec. 1. The Board of Supervisors, which serves as the legislative and executive body of County government and many special districts, is comprised of five full-time members elected by their respective districts. Pursuant to the California Government Code, the Board enacts legislation governing Mendocino County and determines overall policies and personnel for County departments and various special districts, adopts the annual budget, and fixes salaries.
Sec. 2. The Board also hears appeals from decisions of the Planning Commission, considers General Plan amendments, and sits as the Board of Equalization to provide taxpayers with a system for appealing the valuation placed on their property by the Assessor.
Sec. 3. The Chief Executive Officer is appointed by the Board and serves as the chief executive office responsible for day-to-day administration of County affairs.
Sec. 4. County Counsel, appointed by the Board, advises and represents the County and Board in all legal affairs.
Sec. 5. The Clerk of the Board, also appointed by the Board, is responsible for maintaining the official records of the Board, attending all sessions of the Board, and managing Board business.
Sec. 6. The Board of Supervisors in conjunction with the Mendocino County Bank Board of Directors exercises authority over the Mendocino County Bank, and either body may vote on projects and infrastructure on which to use the profits from the Bank. The vote shall be implemented unless a majority of the other body objects.
Sec. 7. The following business practices shall be utilized in Mendocino County:
a. The Board of Supervisors and the Chief Executive Officer whenever possible shall use county employees, businesses, and nonprofit corporations, including unions with local chapters, to perform work for the county.
b. The Board of Supervisors shall do business with corporations as business entities (“artificial persons”) that can be chartered, regulated or disenfranchised by county, state or federal law. The corporations shall not be considered to have the rights granted to human beings (“natural persons”) by the writers of the U.S. Constitution.
Sec. 8. The Board of Supervisors shall protect county health, agriculture, and forests by acting through the Agricultural Commissioner to permit no genetically modified organisms to be cultivated, grown, or produced in Mendocino County. This law protects the county’s farms, wineries, and the “clean” reputation of our agricultural products; it protects the fisheries and forests from contamination by GMO salmon or redwood trees; it protects private property from GMO pollen contamination and safeguards home vegetable gardens; it protects county property values; and it protects county residents from known and unidentified health risks by providing the option of buying locally grown foods free of GMO contamination. Mendocino retailers, have the right, working in collaboration with food producers and food manufacturers, to identify Non-GMO (organic) foods so that buyers may exercise their right to choose the kind of food they want to eat to maintain maximum health.
Sec.9. The Board of Supervisors shall implement the following sanitary regulations:
a. To protect the health of the residents of Mendocino County, the Board of Supervisors shall allow no nuclear weapons or nuclear power plants in Mendocino County.
b. To protect the residents of the county from environmental hazards, especially those affecting the supply of clean water, the Board of Supervisors shall not authorize any fracking in the county nor any other industries the Board deems harmful to the environment, to the aquifer, to human health, or to the tourism-attracting scenic beauty of the county,
c. To conserve clean water and improve sanitary conditions in the county, the Board of Supervisors shall authorize the installation and use of composting toilets in government buildings, homes, and businesses in Mendocino County.

ARTICLE III: COUNTY OFFICERS OTHER THAN SUPERVISORS
Sec. 1. The following officers shall be elected every four years as provided by general law.
Tax Collector-Treasurer-Chair of Mendocino Bank Commission (consolidated)
Sheriff-Coroner (consolidated)
District Attorney
Superior Court Judges
Assessor-Clerk-Recorder (consolidated)
Auditor-Controller (consolidated)
Sec. 2. The duty of the Assessor-Clerk-Recorder shall be to perform the mandated duties of recording, indexing, and maintaining for public access, all documents authorized by law to be recorded. This Division records marriage certificates, files birth and death certificates, indexes these records, and maintains these records for public access. Records in this office date back to the beginning of the County. It is imperative that records be well preserved and easily accessible as current property transactions depend on the accuracy and availability of previously recorded documents. Therefore it is the duty of the Recorder to inspect deeds carefully. If there is any question as to accuracy of the information, especially in foreclosures with robosigning or fraudulent notarization or with MERS (Mortgage Electronic Registration System) in the chain of title, the Recorder will require an Affidavit of Authenticity appended with CA Penal Code 115. If this Affidavit is not returned within a specified time with true signatures, the foreclosure shall not be recorded.
Sec. 3. The duty of the Auditor-Controller is to make thorough inspection and examination at least once each year of the books and accounts of all County and District officers and of the methods of keeping the accounts and transacting the business of such officers, and to prescribe in writing as to one or all of the offices such rules, regulations, forms, and methods as to keeping the accounts thereof, and as to making the reports and accounts herein provided for, as the Auditor shall deem proper, and it shall be the duty of each and all of such officers to comply with such requirements of the Auditor.
(cr. Sec. 24051 California Government Code provides annual audit.) (cr. Sec. 24900 California Government Code et seq.)
Sec. 4. The duties of the Tax Collector/Treasurer shall be as follows:
a. The duty of the Tax Collector shall be to administer the billing, collection, and reporting of property tax revenues levied annually, including secured, unsecured, and supplemental tax assessments, including tax bills issued due to change of property ownership or new construction completed. Properties that remain tax delinquent for five or more years may be sold at Public Auction. The Tax Collector also shall administer the collection of transient occupancy taxes, Business Improvement District assessments, and business licenses.
b. The duty of the Treasurer shall be to be responsible for the collection, custody, investment, and disbursements of the funds of the County, School Districts, Special Districts, and Trust Funds. All monies collected by the aforementioned entities shall be deposited in the Mendocino County Bank, which is the County of Mendocino doing business as the Mendocino County Bank, or as otherwise established in accordance with constitutional and statutory provisions. The funds shall be pooled and used for investment purposes, while segregating the individual account transactions for interest apportionment purposes. The guiding principles of the investment policy shall be in this order: (1) Safety, (2) Liquidity, (3) Yield, (4) Ethical Investing. Investments shall be placed with the objective of obtaining a respectable rate of return, not attempting to maximize yield at the expense of safety, liquidity, availability, or ethical investing.
c. The Treasurer shall be the chair of a seven member Board of Directors which shall operate, manage, and control the Mendocino County Bank. The other members of the Board shall be the County Counsel, the Chair of the EDFC (Economic Development and Finance Corporation), one current or retired officer of a local bank, one current or retired officer of a local credit union, and two retired officers of state or federally chartered banks. The Board of Directors shall appoint the President and officers of the Mendocino County Bank and determine their salaries; the Board of Supervisors shall confirm those appointments and salaries. The Board of Directors shall elect a Vice-Chair and Secretary, and meet regularly with the management of the Mendocino County Bank to review and make recommendations about the management performance, customer service, and overall improvements in methods, procedures and operating policies of the Bank. The Board of Supervisors shall ratify the salaries of all other County Bank employees.
d. The Treasurer and the Board of Directors shall assure that the Mendocino County Bank utilizes Mendocino County revenues for the benefit of Mendocino County residents and businesses. Thus the Bank shall return full interest on public tax deposits so that essential services can be expanded without raising taxes. The Bank shall partner with and support community retail banks and credit unions to grant loans to sustainable, worthy, job-creating, local industries and small businesses. The Bank shall fund county projects, significantly reduce county debt service costs and pay any interest back to the county not to speculators. The Bank shall redirect investment away from the big commercial banks and risky derivatives into real goods and services thus protecting the value of county savings and pensions. The Bank shall make low interest student loans to qualified students and in times of economic downturn, the Bank shall support the local economy by increasing the availability of loans.
e. The Treasurer and Board of Directors in conjunction with the Board of Supervisors shall exercise authority over the Mendocino County Bank profits. Either body may vote to allocate money from bank profits deposited in the Invest Mendocino Fund to fund projects or infrastructure improvements to benefit the people of the County of Mendocino with the second body providing ratification of those allocations (e.g., Board of Supervisors allocates; Board of Directors ratifies or vice versa).
f. The Board of Supervisors, with consent of the Board of Directors, shall appoint from citizen applicants a Citizens' Advisory Committee of five members to meet as needed and make recommendations to the Board of Directors and the Board of Supervisors about projects or services that the Mendocino County Bank should undertake to improve its service to the people of Mendocino County.
g. The Board of Directors working with the Board of Supervisors may acquire by purchase at current market value or by Eminent Domain, properties being fraudulently foreclosed or in danger of being fraudulently foreclosed. The Bank shall then refinance those mortgages at current market value, at a reasonable rate of interest to enable the credit-worthy residents to remain in their homes, making their mortgage payments to the County Bank thereby maintaining property values in their neighborhood and thus protect property tax revenues for the County. After acquiring any properties by Eminent Domain, the Mendocino County Bank shall notify bank servicers through publication in a newspaper that they no longer have servicing rights to those named properties.
h. The Treasurer and the Board of Supervisors shall assure that the Mendocino County Bank does not compete with local retail banks and credit unions and shall assure that the Bank works cooperatively with all local retail banks and credit unions to underwrite loans, buy down interest rates, or otherwise facilitate and improve the services the local banks and credit unions offer to the people of Mendocino County.

ARTICLE IV: ELECTIONS
Sec. a. In order to conserve county money, elections in Mendocino County shall use Instant Run-off Voting (IRV), which allows voters to rank candidates in order of preference (i.e., first, second, third, fourth, and so on). Voters have the option to rank as many or as few candidates as they wish, but can vote without fear that ranking less favored candidates will harm the chances of their most preferred candidates. First choices are then tabulated, and if a candidate receives a majority of first choices, he or she is elected. If nobody has a clear majority of votes on the first count, the candidate who receives the fewest first place choices is eliminated. All ballots are then retabulated, with each ballot counting as one vote for each voter's highest ranked candidate who has not been eliminated. Specifically, voters who chose the now-eliminated candidate will now have their ballots added to the totals of their second ranked candidate -- just as if they were voting in a traditional two-round runoff election -- but all other voters get to continue supporting their top candidate who remains in the race. The weakest candidates are successively eliminated and their voters' ballots are added to the totals of their next choices until a candidate earns a majority of votes Instant Run-off Voting allows for better voter choice and wider voter participation by accommodating multiple candidates in single seat races and alleviating the "spoiler effect," which can result in undemocratic outcomes. IRV allows all voters to vote for their favorite candidate, while avoiding the fear of helping elect their least favorite candidate. It ensures that winners enjoy majority support when matched against their top opponents.
Sec. b. The Board of Supervisors may regulate campaign spending in county elections. Furthermore, the Board of Supervisors may disallow funding from outside the county and may institute public financing of campaigns.

ARTICLE V: SEVERABILITY.
In the event that any one or more of the articles or provisions of this Charter contained herein shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other articles or provisions of this Charter, and this Charter shall be construed as if such invalid, illegal, or unenforceable article or provision had never been contained herein.