Title 8.  MUNICIPAL GOVERNMENT

 

Chapter 1.  The Municipalities

 

Section 8.101. Municipalities. There are the following municipalities.

(1) Lelu Municipality

(2) Malem Municipality

(3) Tafunsak Municipality

(4) Utwe Municipality

 

Chapter 2.  Charter Procedure

Section 8.201. Municipal charter.

(1) A municipality has a charter which provides for the structure and operation of a democratic government and other matters within its jurisdiction in a manner consistent with law.

(2) The charter of a municipality, as lawfully amended, remains in effect until amended or repealed pursuant to this section. If a charter provision is inconsistent with a higher provision of law, the higher provision substitutes for the charter provision.

(3) An affirmative referendum vote of two thirds of ballots cast amends or repeals an existing charter or adopts a new charter. If a charter does not provide a referendum procedure, ordinance may establish a procedure.

 

Chapter 3. Powers and Functions

Section 8.301. Limitation and denial. The following limit or deny a power or function of a municipal government as indicated:

(1) A municipal government may not adopt an ordinance regarding, or regulate or control, an activity or subject which State law regulates or controls.

(2) A municipal ordinance or regulation may not impose a penalty of imprisonment exceeding one year.

(3) A municipal ordinance or regulation may not impose a fine exceeding one thousand dollars.

Background

Subsection (3) was added by State Law 4-17.

Section 8.302. Proposed ordinance. A municipal council gives ten days advance notice to the people of the municipality, the Legislature, and the Governor of the content of a proposed ordinance before acting on its adoption.

Section 8.303. Appointment of acting chief executive. If a vacancy occurs in the office of chief executive of any municipal government and the municipal charter or other municipal law does not provide for filling the vacancy, the Governor appoints a resident of the municipality to be acting chief executive of the municipality until a new chief executive is selected pursuant to the municipal charter or other municipal law.

Background

Added by State law 4-52.

 

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