Perfect The Supervisory Role Of The Council; It Strengthens The Transparency And Probity In The Municipalities; Create Charges And Modifies Rules On Staff And Municipal Finance

Original Language Title: PERFECCIONA EL ROL FISCALIZADOR DEL CONCEJO; FORTALECE LA TRANSPARENCIA Y PROBIDAD EN LAS MUNICIPALIDADES; CREA CARGOS Y MODIFICA NORMAS SOBRE PERSONAL Y FINANZAS MUNICIPALES

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Article 16 shall be replaced by the following: ' article 16.-without prejudice to the provisions of the preceding article, the internal organisation of the municipalities shall consider "" at the very least, the following units: City Clerk, communal planning Secretary, community development, administration and finance unit and Control Unit unit.
For purposes of the provisions of the foregoing paragraph, in those municipalities whose plants officials not considered in the managerial ranks the charges referred to in the preceding paragraph, the mayor shall be entitled to create them, and must, for this purpose, subject to rules on directive selection that the law provides.
Such charges have two degrees immediately below that corresponds to the Mayor in the respective municipality, and those set out in article 47 will keep the quality of exclusive confidence.
In those communes that have more than one hundred thousand inhabitants shall consider, also, the units responsible for each of the other generic functions indicated in the preceding article. "."
(2) replace article 17 with the following: "article 17.-the municipalities of communes with less than 100,000 inhabitants may consolidate, in a single unit, two or more generic functions, when the needs and characteristics of the respective commune so require." This ability may not exercise with respect to the minimum units specified in the preceding article. "."
((3) Introducense following modifications in article 29: to) replaced, in point (c)) of the first subparagraph, the semicolon that follows the word "available", by a point followed, and add the following sentence: "such representation must be made within ten days following the day that the control unit has taken knowledge of the acts." If the Mayor does not take administrative measures in order to amend the Act represented, the control unit should send such information to the Comptroller General of the Republic; "."
((b) replace, in the literal d) subsection first, the last comma and the conjunction "and" is followed, by a semicolon.
((c) replace, in the letter e) of the first subparagraph, point final by the conjunction 'and' preceded by a semicolon.
((d) add, in the first subparagraph, the following literal f): "f) make, with the frequency determined by the regulation designated in article 92, a presentation at session of Committee on the Council, aimed at its members can formulate queries relating to the performance of the functions that you.".
(4) Incorporanse, in article 51, the following second and third subparagraphs: "If in the exercise of such powers the General Comptroller of the Republic determines the existence of acts or omissions of illegal character may instruct following procedure disciplinary, pursuant to article 133 bis et seq. of the law Nº 10.336, of organization and powers of the Comptroller General of the Republic.
If as result of practiced research, which must respect the rules of due process, said organ considered that the administrative responsibility of the Mayor is accredited, must send the background to the City Council, for the purposes of the provisions of point (c)) of article 60. "."
(5) Insert, then in article 51, the following article 51 bis: "article 51 bis.-the period to enforce the responsibility of mayors and Councillors, for actions or omissions affecting administrative probity or involving a remarkable abandonment of duties, shall run from the date of the relevant act or omission.
However, that procedure, within the six months following the end of your building, against the mayor or Councillor has already ceased in his position, for the sole purpose of applying the grounds of inability to arranged in the eighth article 60 paragraph and the second paragraph of article 77 can be brought. "."
(6) merge, article 55, the following second paragraph: "will be also put to the attention of the Council, with the frequency determined by the rules established in article 92, the payroll of all those public information requests received, as well as the respective answers delivered by the municipality, which are carried out within the framework of the provisions of the law No. 20.285 , on access to public information. "."
(7) Insert, in article 58, the following second paragraph: "the mayor who is re-elected will be responsible for the actions and omissions attributable of the period immediately preceding Mayoral, which affect the administrative probity or involve a remarkable abandonment of duties, without prejudice to the implementation, in his respect, as provided for in article 51 bis.".
((8) Introducense, in article 60, the following modifications: to) replace the fourth subparagraph by following subparagraphs fourth, fifth, sixth and seventh, passing the current subsection fifth to eighth: "(La causal establecida en la letra c) will be declared by the respective regional electoral tribunal, at the request of at least one third of the Councillors in office, noting the procedure laid down in articles 17 et seq. of law No. 18.593" , the regional electoral courts, which shall not be required sponsorship of lawyer.
In the request, the Councillors may ask the respective regional electoral tribunal cessation in office or, in grant, the application of any of the disciplinary measures provided in the letters to), b), c) of article 120 of law Nº 18.883, which approves the administrative status for municipal officials.
The regional electoral court shall take measures necessary to accumulate the respective background, in order to avoid a double statement on a subject.
The same procedure described in the previous paragraphs will be used when the Regional Electoral Court considers that one or more Councillors have incurred a serious contravention of the rules on administrative probity or remarkable abandonment of duties, which is understood without prejudice to the provisions of article 77 of this Act. "."
(b) Agreganse the following final clauses: "without prejudice to the provisions of article 51, is considered that there is a remarkable abandonment of duties when the mayor or Councillor should transgress, inexcusably and so manifest or repeated, the obligations which, under the Constitution and other rules governing the municipal operation; as well as in those cases in which an act or omission, fault, causes severe detriment to the heritage of the municipality and seriously affect the municipal activity aimed to satisfy the basic needs of the local community. Means, also, that is configured a remarkable abandonment of duties when the Mayor, repeatedly, do not pay promptly and in full pension contributions corresponding to its officials or workers transferred pursuant to Decree Law Nº 1-3.063, in 1979, the Ministry of the Interior, and those services included in municipal management. The Mayor always should ensure timely payment of pension contributions of civil servants and workers mentioned above and the cabal, and quarterly must account to the Council of the State in which the fulfilment of that obligation is.
However, when a mayor will repay social security debts originating in a period previous mayoral which has not exercised functions as the holder of that office, he and other officials who intervinieren payment shall be exempt from civil liability for penalties and interest that these debts may have caused. "."
((9) Introducense the following modifications in article 62: to) replace the second paragraph by the following: "subrogation shall also include judicial and extra-judicial representation of the municipality and the right to attend their sessions only with right to voice, with the exception of the representation Protocol. While appropriate the subrogation, shall exercise the Presidency of the Council the present Councillor who has obtained greater voting citizens in the respective municipal election, except to verify the provisions of the third subparagraph of article 107. Councillor presiding during the subrogation, moreover, will represent the municipality attended, and convened the Council. "."
(b) Insert, in the fifth paragraph, between the preposition "in" and the word "session", the expression "a unique".
(c) replace, in the same fifth subparagraph, the word "twelve" for "ten".
(d) Agreganse following sixth, seventh and eighth paragraphs: "in the event that the session might not be on the scheduled date, the clerk will quote to a new one, which shall be held within ten days of the unsuccessful, under identical conditions as this.
If the second session once again threatened to make, on the scheduled date, the clerk will quote to a new one, which shall be held within ten days to the above. This new extraordinary session, to elect Mayor, will be held with the Councillors attending and will be elected mayor that Councillor who obtains the largest number of votes. In the event of a tie, it shall be deemed Mayor that matched Councillors who has obtained the largest number of votes in the respective municipal election.
If third extraordinary session convened may not be done, will assume that Councillor in exercise which has obtained the greatest number of votes in the corresponding municipal election as Mayor. "."
(10) Insert, in the second paragraph of article 65, then of the separate point, which happens to be followed, the following sentence: "however expressed previously, councillors may submit to the Council for consideration the matters outlined above, provided that these do not affect the financial administration of the municipality.".
((11) Introducense the following modifications in article 67: to) added, in the first paragraph, then of the separate point, which happens to be followed, the following sentence: "must be also invited to this session of the Council, community-based organizations and other relevant of the commune; local, regional authorities, and parliamentarians representing the district and the constituency to which belong the respective commune. "."
((b) add, in) (d), the word "abstract" and the preposition "of", the phrase "audits, summaries and judgements to which the municipality is party, resolutions that has rendered the Council for transparency, with respect to the municipality and".
((c) replace, in the letter f), the conjunction "and" and the comma preceding it, by a semicolon.
((d) Insert the following letter g) new, becoming the current letter h): "g) the most relevant indicators that take into account management in education and health services, where these are of municipal administration, such as the number of schools and students;" of the results obtained by the students in the official assessments that are carried out by the Ministry of education; the pension situation of the personnel related to the areas of education and health; "the degree of compliance with the health goals and health at the community level, and".
(e) add the following subsection fourth, again, passing the current to be fifth: "also, the Mayor should be delivery, at the end of his mandate, of a transfer Act of management, which shall indicate the consolidated information of its Mayoral, with respect to the contents indicated in the second paragraph of this article, as well as contracts and existing concessions. This Act must be signed by the clerk and the Chief of the control unit. However, can not sign it if they were not in accordance with its contents, and must communicate this to the Mayor that ends its mandate. The Act of transfer of management will be delivered both to the Mayor assumed as to the new Councillors to be integrated, from the installation of the Council session. "."
((12) replace the letter b) Article 73 by the following: "b) have approved education or its equivalent.".
((13) replace the literal b) of article 74 by the following: "(b)) members and officials from the different ranks of the judiciary, the public, the Comptroller General of the Republic Ministry, as well as the Constitutional Court, of the Court's defense of free competition, in the Court of public procurement, of the elections and the regional electoral courts qualifier Tribunal ", the directors of the Council for transparency, and active members of the armed forces and of order and public security, and".
((14) Introducense the following modifications in article 75: a) replace paragraph first with the following: (and b) of the preceding article. " Will it also with all employment, function or Commission which is to play in the same municipality and in corporations or foundations in which it participates. "."
((b) Reemplazanse, in the literal to) of the second paragraph, the sign of punctuation, comma and the conjunction "and" that they follow the "74" figure, by a semicolon.
((c) replace, in the literal b) of the second subparagraph, point apart by a semicolon, followed by the conjunction "and".
((d) Insert the following letter c): "c) that adopted children have, with respect to the Mayor of the same city, the quality of spouse or relatives up to the second degree of consanguinity or affinity inclusive.".
((15) Introducense following modifications in article 76: to) replace, in the letter c), the word "fifty" by "twenty-five".
((b) Insert, in the literal f), then the word "administrative", preceded by a comma, the phrase "in remarkable abandonment of duties".
((16) Introducense the following modifications in article 77: to) Insert, after the word "requirement", the expression", as appropriate, of the mayor or".
(b) add the following second paragraph: "(Ael concejal que fuere removido de su cargo, por la causal prevista en la letra f) of the preceding article, it shall apply established in article 60 disability.".
(((17) Introducense the following modifications in article 79: a) add, in (b)), then of the semicolon, which happens to be followed, the following sentence: "present in the respective vote Councillors must express their will, favorable or adverse, with respect to the matters subject to Council approval, unless attend you any reason or cause to be disabled or to refrain from casting their ballot , and must be evidence of this in the corresponding Act; "."
((b) add, in the letter l), then of the semicolon, which happens to be followed, the following sentence: "in the exercise of its supervisory function, the Council, with the agreement of at least one-third of its members, you can cite any municipal Director so that attend sessions of the Council in order to ask you questions and require information in relation to matters inherent to your address. The operation of the Council Regulation shall establish the procedure and other rules necessary to regulate these citations; "."
(18) add, in the third paragraph of article 80, the following final sentence: "despite previously stated, the Council can have the hiring of an external audit assessing the financial situation of the municipality status, whenever you start a period mayoral. That must be agreed within hundred twenty days following the installation of the Council, referred to in subparagraph first of article 83, and the Mayor will also, require the agreement of the Council to adjudicate such audit. "."
((19) Introducense the following modifications in article 86: to) replace in your third paragraph the words "to the Mayor" with the expression "who preside over the session".
(b) add the following new final paragraph: "the mayors will not be considered for the calculation of the quorum demanded so that the Council can operate, but in that one required to adopt agreements.".
((20) Introducense the following modifications in article 88: to) Reemplazanse, in the first paragraph, the words "six" and "twelve", "seven eight coma" and "fifteen point six", respectively.
(b) replace, in the sixth paragraph, the word "six" by "seven eight coma".
(21) Replace subparagraph first article 90 with the following: "article 90-employers of persons carrying a charge of Councillor must grant these permissions to be absent from his usual work up to eight hours per week, non-cumulative, in order to attend all sessions of Council and the working commissions that this constitutes." In the same way, you must grant permissions work for the performance of tasks on behalf of the municipality, with a maximum, for these purposes, of three days during a calendar year, not cumulative. Weather covering the permits granted will not be in charge of the employer, without prejudice to that agreed by the parties, and worked for other legal purposes, sufficing to present the corresponding City Clerk certification. "."
(22) merge, then of article 92, the following article 92 bis: "article 92 bis.-each municipality, in accordance with their financial availability, must provide to the City Council and Councillors of the means of support, useful and appropriate, to develop appropriate and timely manner the functions and powers conferred by this Act, the number of Councillors in the municipality attended."
To do this, during the first regular session, the mayor shall submit to the approval of the Council media used for the respective period, this Agreement shall form part of the rules of procedure article 92 makes allusion, and be published on the website of the municipality, in accordance with the provisions of articles 2 and 7 of the law Nº20.285 , on access to public information.
Also, every year the municipality, in accordance with their financial availability, can add in the municipal budget resources to finance the training of Councillors in municipal management-related subjects. "."
(23) replaced, in the ninth subparagraph of article 94, the word "March" by "may".
((24) Introducense, in the third paragraph of article 107, the following modifications: a) Insert, then the comma that follows the expression "designated", the following sentence: "the Mayor will keep his compensation and attribution of participate in the meetings of the Council with the right to speak and vote. However, "."
(b) Insert, after the expression "said charge", the phrase "or applying for the position of Mayor".