State & Local Government

 

 

 

 

 

The federal structure at a glance:

The country is divided into 31 states, officially called lesre (Min).  

The commonwealth constitution requires each state to establish its own constitution with central power vested in a legislature.  Many of the states governments are headed by executive councils, rather than a governor.  The states run all the prisons, sponsor universities, colleges, technical & professional schools & training, license radio & television (subject to federal allocation & supervision of the publicly owned bandwidth), and maintain highways and public works.

 The states are divided into counties, officially called bunec (Min).   

Populations of counties as low as a few tens of thousands, though most range from 100,000 upwards to 700,000. 

The larger cities form independent urban counties, called tunec (Min). with populations in the millions, divided into wards.  

Bunecs control police, basic land use planning & distribution, local water policy & public health, basic public works decisions, control over schools, health clinics & hospitals, local neighborhood renovation and additions, sponsors cooperatives.  Makes decisions about whether & how to legalize liquor, marijuana, gambling, public stupidity & nuisances.

Some bunec are designated autonomous counties, officially called zhubon (Min), based on an ethnic or linguistic minority.  

Many Zhubons are federations of two or more regular counties, representing a common ethnic identity.  This additional layer of government exists commonly in Bun-Vosuget, Coninipati, Pasiana & Incuatati, all coastal states with significantly concentrated minorities of both European & atrei ethnic groups. They have special authority in the realm of radio television, & media sponsorship & allocation, language usage, schools, and its own higher education.  

Although not often mentioned in the commonwealth constitution, virtually every county is divided into communes (as in European usage), cominec (the synthesized Minidun word). or comiunoi (the Nacateca version).

Operated according to direct democracy.  They provide basic services on the town, village & neighborhood level, with a local school that doubles as the community center, with a kitchen.  The ideal size of the commune, whether country, town or city, is 6,000-11,000 (the theoretical ideal is 8,000).  This body settles neighborhood disputes in the first instance.

In contrast to the US, where only the more urbanized areas have municipal government organized as "corporations," here every spot in the country is part of a state, part of a county and part of a commune.  Even the extremely rural areas are organized into communes.  The city communes are neighborhood governments.

In a majority of bunecs, tunecs & zhubons, various communes are federated to form basic ward or town councils to exercise the communal powers.  These are the bodies that figures out things like common drainage problems, allocation of parking, trash & compost collection, and operation of communal child & elderly care centers.  

These wards affiliated with a local Lycee (i.e. secondary or school) & sponsors local businesses.  Generally with populations ranging from 20,000 to 90,000 

The States (Lesre)

Bergonian state government is the real laboratory of Bergonian politics, with the various states designing their governments in very different, sometimes very unique ways.  

Each Lesre may adopt whatever form of government it wants, providing that four fundamental conditions are satisfied:  (a) The form of government is rendered in the form of a constitution.  (b)  The constitution must be established and amended only with a popular referendum.  (c)  The Lesre constitution must "be democratic in nature and method and otherwise comport with the commonwealth constitutions, and (d) (most importantly) every state's constitution must vest all law-making power in a popularly-elected assembly or legislature.  

Most Lesre have unicameral legislatures, though some are bicameral.  A very few states have established People's Assemblies, chosen from among the population by lot. 

Every state's system of government is tailor-made to its unique pattern of communal & demographic divisions, taking into account interest group realities.

Here are the different types of state governments:

The constitutions of 10 states imitate the national gov, including a one-house Legislature, ranging from 68 to 330 members, a weak governor (four states call him a premier, as in Canada) and a powerful executive council which the governor chairs.  Usually the executive council, rather than the governor, holds the power to veto bills.  In a uniquely Bergonian variation, any executive body holding a veto power has the power to rescind a veto and approve the bill before the next session of the legislature begins. The governor usually may force any item onto the legislature's agenda or the executive council's.  The governor or the executive council appoints and supervises the department heads.

Ten states have a purely plural executive in the form of an executive council (with a chairman).  The executive councils can have as few as three heads, and as many as twenty, but most have in the range of five to eleven members.  Some of the executive councils allocate membership among the state's constituent ethnic groups, to guarantee representation (as done in Belgium).  

Four states have parliamentary systems, with a prime minister and cabinet, modeled directly after the British system.  Not surprisingly these four have English population, and were included in the southern regions that the British colonizers controlled the longest.  These four are Bruntaigo, Serpi, Soleinia, and Lampanira. 

The very small and very English Giles Free State has the simplest constitutions: A single house legislature of 33 members and a governor.  Five states, including Giles F.S., have elected governors and no executive council.

Halemarec's government resembles the commonwealth government, with a weak governor and a strong executive council, except that it has a bicameral legislature.  One house is an elected legislative body, with delegates elected by proportional representation, and the second house is an assembly chosen by lot, like the national peoples assembly. 

The state of Bun-Vosuget has the most  peculiar constitution.  It provides for a complicated tri-cameral arrangement between a 200-delegate Legislative Assembly elected from single-delegate constituencies, a 36 member State Senate with members elected from the six different autonomous counties into which the entire state is divided, and a Consultative Assembly consisting of 600 members selected out of the general population by lottery (like the national peoples assembly).  Some classes of bills need the approval of only two houses (such as the budget), but others (like changes to the criminal law) require approval by all three.  Moreover Bun-Vosuget has no governor, but rather a six-person executive council with one member from each of the six counties.

Cities and Towns  (Tunec) 

The bigger cities are organized into urban counties.  The government includes a city assembly, a mayor, an executive council, a planning council and a housing council.  The urban counties have their own school system, so they have education councils.  The smaller cities of course are subject to the government of the county they are located in and therefore have less power.  Most towns and villages conduct all their affairs with one city council and a mayor.

The city is divided into self-governing wards or arrondissiments, each with a council that fix streets and sidewalks, approves minor zoning changes, allocates parking, maintain the local park and market, maintain the neighborhood watch, and in many cases control the allotment of housing.  

Autonomous Counties  (Zhubon)  

Ethnic groups concentrated into compact geographical areas too small to justify the formation of a state are  sometimes included in a larger state but given special autonomy.  These autonomous counties are called zhubon.  The bulk of the European population resides in self-governing autonomous counties.  Some of these are actually autonomous cities.

The zhubon control education and communications, including the licensing of radio and television stations (though the allocation of frequencies is done by a neutral national body according to purely technical considerations.)  The zhubon also promote culture and arts specific to the ethnic group. The zhubon also designates its own official languages, including languages for signs.   Otherwise, Zhubon exercise the same powers as counties.

How States and Subdivisions generally conduct business

Transparency:  The various state laws requires that state and local governments all conduct their business in an open, transparent way.  All ballots in legislatures and assemblies must be open and recorded. 

Conflicts of Interest:  Disclosures of assets, income and associations are required of all officers and elected officials.  Conflicts are often assumed as a matter of law.

Documentation:  No decision is a valid decision unless it is in writing and duly recorded with the appropriate organizational clerk of records, which is often open to the public.

Freedom of Information:  Laws in every state require all levels of authority to disclose and make available to the public all their records upon request, except for private cases or "personnel" matters, matters related to criminal investigations, security provisions, and the military. 

Open meetings:  All meetings of executive and legislative councils must conduct their proceedings in public, with certain provisions for closed discussion concerning criminal investigations, security provisions and the military.  Executive councils do have authority to close doors for private debate.  But all votes must either be taken in public view or documented by the signatures of a majority of members.  

Patronage:  Bergonians have a rather relaxed idea about patronage.  Patronage is benign if the people who benefit from it have the abilities and willingness to do good work, and in honest fact many of them do.  A powerful man violates the prerogatives of patronage if he appoints an incompetent or a fool to a position, and the political opposition and local newspapers will openly complain, but if the powerful man appoints good, smart people then he can bring credit to himself.  The People figure that patronage will occur in any event, and there is no reason to make patronage relationships covert or suspect.  It is often said that the concealment of the relationship is usually a worse thing than the relationship itself.  There are now two recognized limits on patronage: first, patronage is not permitted for leadership positions; second, patronage is expected to be occasional, so too much patronage can now be defined and limited by law.

 

 

The Scheme of Bergonian Federalism

See Article 4 of the Constitution: Federalism, which sets out the formal rules of Bergonian federalism, a much more explicit division of powers than what one finds in the US Constitution.  This was modeled in large part on the Constitution of Switzerland.  It is based on strict federal principles.  

The modern Bergonian state has always been a federal system, with states and counties, since its inception in 1790.    

The federal government is not called the "federal government" as it is in the U.S. and Germany, but rather the "commonwealth" or "national " government.

While legal sovereignty has always been held to be national, or "All-Bergonian" in nature and origin, the prevailing concept of the state has always recognized a federal system of legal authority, as an explicit recognition of the powerful regionalism, sectarianism and ethnic divisions that give the sovereign state its variegated character.  Thus, at every phase of Bergonian history, though in varying degrees, state governments have welded considerable power.

The relative powers of states and localities versus the national government has always been a hot issue.  Often state and local governments were run by webs of corrupt factions.  Often the Iregemi (the planters & landed gentry) controlled the local governments.  The states have always had senates or legislatures, and sometimes both, The senates were usually restricted to representatives from the county and city councils.   The voters elected representatives to assemblies where they existed, but the states traditionally restricted the franchise in order to perpetrate upper class rule.

Independent Auditors

No one deserves unqualified trust, even in the best of environments.  In a socialist utopia there will still be greed and corruption.  If utopia requires a totally greed-free "New Man," then utopia will forever remain an impossibility.  But if utopia or quasi-utopia requires merely the best institutional and cultural constraints against greed that humans may be capable of, then utopia is worth discussing.  So in utopia there must still be cops and auditors.

The 31 states, through the Union of States, have collaborated with each other to create a National Commission of Independent Auditors.  The commission, under the partial supervision of the National Judicial Council, creates standards for public sector bookkeeping and accounting, and also coordinates a virtual army of independent auditors.  The laws of all 31 states subject all state entities and all levels of local government to periodic audits.  

The Independent Auditors may conduct surprise audits if they have cause.  A certain class of IA's, called Public Inspectors, have magisterial and police powers, including the power to subpoena records, raid offices and seize property and suspend operations.  They may suspend government employees from their jobs for clear irregularities.  They also may refer charges to prosecutors and criminal courts.  The Public Inspectors function with quasi-judicial power, while the regular IA's function rather as police, with authority to inspect certain premises and records and general police power to enforce the Inspectors' orders.  When the IA's come around and politely ask for immediate access, they are rarely refused.  

An attempt was made to give the Public Inspectors the power to authorize wiretaps, but Congress stepped in.  There have been scandals involving the Inspectors themselves.  They have been caught conducting illegal searches and seizures and illegal surveillance and wiretapping.  So now anyone aggrieved by an Inspector's excesses may approach a court with an emergency petition for protection.  Moreover there is now a requirement that Public Inspectors must report all searches and seizures, including interceptions of communications, to a judge.

Disgruntled and alienated government workers often take their agency's dirt to the Independent Auditors.  There are bounties paid for subordinates who successfully rat out supervisors with substantial proof of wrong-doing.

The League of States  (Lanle-Lesre)

The League is a voluntary association of all 31 states to enact model laws, negotiate interstate "compacts," makes formal policy recommendations to Congress, and provide clearinghouse & information-exchange services for the various state legislatures and ministries. 

State legislative bodies in Bergonia have plenary power for a wide range of functions, including: marriage, divorce and domestic law, contract and commercial law, criminal law, general education policy, sponsorship of colleges & universities, basic human services (e.g. child protective services), allocation of television & radio broadcast frequencies, regulation of the professions & trades.  In the exercise of this power, the states have found it useful and necessary to examine each other's policies & practices.  No state legislature wants to spend its time reinventing the wheel, so they decided to open up means of mutual consultation.  This led to the establishment in 1976 of the League of States, a "confederal association," consisting of all the states.  The states created the League themselves-- the Commonwealth constitution makes no reference to it. 

The League has no actual power, but it often steers policy by force of its recommendations.  It consists of various councils, each with 31 voting members, each council with responsibility for a distinct area of policy (such as college-level education, criminal law), and each policy council makes recommendations by adopting "model" laws, regulations and practices.  In areas such as interstate enforcement of divorce and child support orders and legal judgments, contract & commercial law, and extradition of criminal suspects, the League recommends an "interstate compact" to systematize the protocols of reciprocity.  

The League has been responsible for innovations such as: linking together all state police data banks in one Internet-based network, linking together all university libraries into a national network, create a single medical power of attorney and "living will" forms for use everywhere, organizing all professional competitive sports, creating national education curriculum standards, creating model laws for family court jurisdiction and child custody.

No federal authority is needed to enforce uniformity when the associated members can freely agree upon uniform systems themselves.  By no means do all the states adopt all their own League's recommendations for uniform laws.  States sometimes adopt some of the model laws in their entirety; sometimes they pick and choose what they like, and sometimes they ignore the model laws altogether, content instead with their own homebred laws & practices.

At the time of its inception all 30 state congresses immediately opted to join. Nothing has ever compelled the individual states to join or participate.  While, in fact, all 31 states have found it advantageous to join, the degree of participation varies.  

The League of States is headquartered in Ceiolai, away from the Commonwealth politicians.

 

 

Bergonian federalism-- the distribution of powers:
Jurisdiction Commonwealth (federal) State/Lesre Local
Police Protects borders, enforces commercial & environmental laws.  No big powerful Nat'l police agency or gendarmerie. State police to augment the local police, e.g. forensic specialists & training.  Independent forensics labs Basic police forces; enforce state, federal & local criminal law.
Criminal Law Congress defines crimes in limited areas, e.g. commerce, currency, environmental. offenders are tried in nation's unitary court system & go to state prison.  The states establish basic criminal laws; run prisons & corrections. Councils set local ordinances; no jail power.  counties run local programs for inmate labor.
Land Use General environmental  regulation. Basic planning & guidelines. Fundamental power for allocating all land & housing.  
Public Works Assesses need, financing.  State has primary responsibility for highways, dams, infrastructure. Builds streets & roads, water & sewer projects.
Transportation Controls air & water travel.  jurisdiction over all safety issues. Regulates motor traffic & maintains highways.  Primary responsibility for development of new rail lines. Regulates local motor traffic, primary responsibility for road & street maintenance, plus bus & light rail systems.
Energy Exclusive responsibility for a nationwide energy plan. Helps develop individual enterprises, including new mines & power plants. Optional power to develop alternative sources of power
Environmental Protection Exclusive responsibility for limiting air and war pollution Power to enforce environmental law.
Environmental Improvement Wilderlands, species & animal protection.   Plans green areas, parks, protected lands, reforestation Plans & manages forests, parks & local green areas.
Education Sponsors the national academies.  completely stays out of basic education, except to equalize finances. Sponsors & funds colleges & vocational schools.  Funds primary & vocational schools.  Recommends curricula. Runs primary & secondary schools & sets curricula.  Sponsors museums & arts facilities.  
Trade & Commerce basic jurisdiction, enacts commercial code & contract law, regulates professions,
Electronic Media Regulates bandwidth; sets all standards. Allocates frequencies and grants licenses.
Currency & Banking Issues currency & makes all monetary decisions. sets interest rates. Licenses & sponsors banks. Sponsors local cooperative banks & credit unions.
Health Establishes National Health Funds, provides general pensions, regulates pharmaceutical & all safety issues. Regulates professions,  monitors & coordinates public health programs. Builds hospitals & clinics, sewers, public health infrastructure.
Public Mores No responsibility Regulates abortion, family law. Regulates gambling, prostitution, drinking, etc.
Conflicts of Authority within Concurrent Jurisdiction State law trumps federal & local law.
Residual Powers Go to the states.

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