Rensselaer Semi-Weekly Republican, Volume 20, Number 53, Rensselaer, Jasper County, 7 March 1899 — The County Reform Law [ARTICLE]

The County Reform Law

B Brief Summary of JW Its Important Pro* • visions.

The name of the county council •in this county will be ‘‘The Jasper County Council.” It will consist of seven members, three from the county at large, and one from each of the four councilmanic districts. Within 20 days after act is in force, county commissioners are to divide the county into four councilmanic districts, as nearly equal in population as possible, but no township to be divided. Districts not to be changed oftener than once in six years. Pay of councilman is graded, $lO per year, in counties of 35,000 or less, sls in counties up to 75,000, nnd S2O in counties above 75,000. * Councilmen must be voters, -freeholders, and not hold any other office.

farm and other county institutions, for building or’repairing buildings, and bridges, with location of bridges, expense of commissioners’ court, salary of county attorney, board of health expense, gravel road expense, cost of elections everything itemized, amounts required to pay on loans etc., on judgments, suits etc.; amounts required for inmates of state benevo lent and penal institutions, for publishing delinquent list, for compensation of employes, and everything else to be itemized with particularity.” The power of levying a township tax to pay for assessing each township rests exclusively in the county, and the township assessor has to furnish an itemized estimate of the probable cost. All these estimates have to be filed with the county auditor before Wednesday following the first Monday in August, or a month before the council meets, and the estimates are to be subject to the inspection of any taxpayer! The auditor must prepare an ordinance for the council, fixing the rate of tax levy, and another, making appropriations for the succeeding year. The council will adopt, amend or substitute some other ordinance, making such levies and appropriations. No appropriation shall be greater than the estimate calls for, nor for purposes not estimated, unless by a three fourths vote of the council.

Councilmen elected by the people in 1900, 1902 and every 4 years thereafter. The term will be 4 years after 1902. Vacancies will be filled by appointment of the council itself. Councilmen to serve until 1900 must be appointed by the circuit judge, and out of at least two political parties. The council meets the first Saturday after election to organize and for such other business as may come before it. A regular annual meeting the Ist Tuesday after Ist Monday in September, to make the tax levy and appropriations. The county auditor is clerk of the council; and the sheriff attends its sessions. • A majoiity vote of all members, to pass an ordinance, and in some cases more than a majority. A two thirds vote may expel a

If an emergency afterwards arises the council may meet in special session and make other appropriations on estimates properly made, but only by a two thirds vote of"all the council. Section 22 specifies in what cases money made be paid out of treasury without appropriations by the council. Such as money belonging to the state, or to the school fund, to township, town or city funds, or money paid in as assessments for public improvements, as gravel roads, ditches etc; or paid in to redeem from tax or other sales, taxes erroniously paid. In all other cases no money is to be paid unless an appropriation has been made for the calendar year, and which appropriation is not exhausted. All warrants have to state what item of appropriation they are drawn upon, and no appropriation can be overdrawn, and no warrant paid out of the wrong appropriation. Auditors who violate this feature may be fined and imprisoned. Items of appropriation not exhausted at the end of the calendar year for which made, revert at once to the general fund of the county, and no warrant can afterwards be drawn on it. No commissioners, officer, agent or employer shall have power to bind the county, to any extent, beyond the amount appropriated, and all such contracts, expressed or implied, are absolutely voidAny officers who tries to pay out money or to bind the county in excess of the appropriation, is liable on his bond to any person injured and is liable to a fine of not more than SI,OOO and the jail not more than 6 months. No court of any county shall have power to bind the county, in any way, beyond the appropriation, exoept by judgment in a cause where it has jurisdiction. No judgment against a county shall be collected except from an appropriation for the purpose, but the council may be mandated to levy a tax and make the appropriation, for paying any judgment. Except the salaries of councilmen, the act is not to be construed as authorizing the payment of county money for that purpose, not otherwise authorized by law. “The intent of the act is to place limits and checks upon payments

member, or declare a seat vacant. No councilman shall be interested in any manner, in any county contraot or agreement. A fine is provided for violation of this provision, and imprisonment may be added. No councilman shall buy any county warrant, bond, claim or order for less than the amount specified therein. The council has the exclusive power of fixing the county tax levy, and making all appropriations, and except as> this act expressly provides no money shall be drawn from the county, except as so appropriated. Early in August every year every county officer, every clerk of a court and the county commissioners must make itemized estimates of all money needed by their office or board, during the following year, and such estimates must be sworn to. The clerk of court must also estimate the probable amount needed for insanity inquests, and for cases tried in other counties.

County officers’, in their estimates must make separate items of, Ist his salary, if fixed by law, or estimate number of days’ service, likely to be required. 2nd estimated amount for deputy hire. 3rd supplies for office, particularly the quantity of eaoh kind, and the probable cost. 4th any and all other expenses of the office. Separate estimates are to be made of the sums needed for bailiff hire, for jury fees, for witness fees payable by the county, pay of special judges, and other expenses of the court, "with the greatest particularity practicable.” The commissioners have to itemize separately all sums needed to maintain, court house, jail, poor

out of the treasury and not to extend them.” The county treasurer must report on the Ist of each month the amount of taxes collected during the preceding month. At the January meeting each year the commissioners must make a full settlement with the treasurer for the preceding calendar year. The council shall have the sole power to authorize the borrowing of money, but the county debt shall not exceed two per cent, of the assessed valuation of the county. No county bonds shall bear more than 6 per cent, interest, but no bonds shall be issued to pay the current county expenses. Temporary loans may be made for current expenses, but not in excess of the revenue for the current year. In case the revenue falls short and a deficit is incurred, the deficit must be provided for jn the next year’s levy. Hereafter no commissioners or other persons, shall pay out of the county treasury for any voluntary service or for anything voluntarily furnished. Nor shall anything be paid for the relief of any poor person, or one liable to become such, unless the person is an inmate of some county institution; nor contract for medical attendance for any such persons, except they are in a county institution. Nor shall any justice receive either mileage or per diem for making returns to any county officers, nor shall the county furnish any dockets or other supplies to justices. No realestate of the value of SI,OOO or more shall be bought or sold by the county, except as authorized by the council. No supplies or material of any kind shall be bought for the county except by the board of commissioners, or agent authorized to them. Commissioners have sole power to purchase supplies for the county. County officers must make written requisitions on or before the Ist of September, each year, for all supplies needed by them during the next calendar year. From these requisitions the commissioners shall make full specifications on or before the Ist Tuesday after the Ist Monday in October, of all supplies to be contracted for; these specifications to be open to public inspection in the auditors office. In December the commissioners shall publish in two leading newspapers of the two leading parties, a brief notice of the general nature of the supplies needed, and asking for sealed bids, for such supplies. The lowest responsible bidders shall have the contracts. In the matter of blank books, stationery etc., three classes are made, and for one of them at least, which includes letter heads, envelopes, and small blanks, the country printing offices can have a show —if they bid low enough. Each class of supplies is to be. bid on separately. In contracts for supplies for meats, groceries etc, for inmates of county institutions, and blank books, stationery etc for the county, the contract, may be for stated prices, leaving the amounts to be famished to vary with the needs of the county. Contracts must be for a full year, except that county asylum, poor farm and workhouse supplies may be contracted for quarterly. In case of emergency the commissioners may contract for additional supplies. If any public building or bridge is to be erected or materially altered, full plans and specification must be prepared, and bids must be advertised for. , Claims against the county must be fully itemized, and nothing paid for unless bought in accordance with this law. Persons receiving supplies per contract must check them up, item by item, and if there is any deficiency in quantity or quality, the just amount shall be deducted from the bill. Claims on anything being done under the supervision of the county surveyor, or any architect, superintendent or engineer, appointed by the commissioners, shall not be paid until certified to by such surveyor, architect or superintendent. Sec. 40, regulates the issuance and sale of county bonds, and they must be advertised before being sold. Sec. 41 regulates the letting of contracts, generally. Practically everything has to be advertised. Sec. 42 requires that every bidder for a county contract shall make affidavit that be has not com--1 bined with anyone else, as to the

price to be bid, nor to keep anyone else from bidding. Collusive bids are to be rejected, and if accepted, the contracts are to be cancelled. If money is paid ont contrary to this act, it may be recovered, with interest, from the officer who pays it out. If the commissioners do not bring the suit any tax-p ayer may. The commissioners, at their January session, are to make a complete report of receipts and expenditures for the preceding year, and publish the same in two leading newspapers, of the leading parties. Sec. 47 regulates the price for newspaper publications under the act. The judge of the circuit court must appoint the councilmen to serve until 1900, within 30 days after act takes effect. In case he fails to make the appointments, the clerk, auditor and treasurer must do it. All persons now vested with any of the powers here given to the county council shall continue to exercise such powers until the council is appointed and qualified. The county commissioners shall hold a regular session beginning the lat Monday of every calendar month, and remain in session no longer than the public business absolutely requires. Their salary will be such aa is or may be fixed by law, but if paid by the day, the county council shall fix the number of days each year, for which they shall reoeive pay, For his extra work under this act the county auditor shall receive not less than S2OO nor more than S6OO, per year, additional salary, the amount between these figures, to be fixed by the counoil. Sec. 51 forbids any publication required by law to be in more than one paper, except as expressly provided by law, and in no case are publications to be paid for in more than two newspapers. There is no emergency clause and the act'will not go into effect until the acts are published, some 6 or 8 weeks hence.