LAW NO. 20,008 ESTABLISHES ALLOCATIONS FOR MUNICIPAL OFFICIALS AND LOCAL POLICE JUDGES Having present that the National Congress has given its approval to the following Bill: " Article 1.-Establish in the municipalities |! |the country an allocation of management improvement |! |municipal, to be granted to municipal officials, |! |the one that will be governed by the permanent provisions of the |! |law No. 19,803. For the purposes mentioned, please renew the validity |! |of the permanent provisions of the aforementioned law N ° |! | 19,803, to be counted from January 1, 2005 and until the |! |entry into force of the regulation of article 121 |! |of the Constitution Political of the Republic, with the |! |following clarifications: 1) The institutional objectives that correspond |! |comply during the year 2005, must be proposed to the |! |mayor by the Technical Committee and approved by the Council |! | Municipal, within 60 days following from posted |! |the present law. 2) DELETED |! | |! | |! | 3) REPEALED. 4) Facultate to the municipalities to grant to |! |the officials mentioned in article 1 permanent |! |of the law N ° 19,803 and in service to the date of |! |publication of this law, a bonus |! |monthly, taxable and This is the case for the month of |! |January of the year 2005 and only until December of the same year, |! |of 6% of the sum of the stipends to which it refers |! |the article 3º of the legal body cited. This assignment |! |will be paid during the year 2005, in the quotas that the |! |municipality determines, being the amount to pay in each one |! |of them equivalent to the value accumulated in the months |! |before the payment. The special bonus set |! |precently will only proceed during the year 2005 and |! |it will be exclusive municipal office, giving full to |! |from the year 2006 the payment of the incentive system |! |enshrined in the provisions Permanent of the law Nº |! | 19,803, based on the degree of compliance of the |! |goals and objectives committed for the year 2005. 5) DELETED |! | |! | Article 2.-Enter the following amendments to Law No. 15,231, Organic of the Local Police Courts: 1) Add, in the fifth paragraph of Article 5, the following new sentence, following the separate point (.) (.): " They shall be entitled to receive, in addition, a monthly allocation of the Judicial Responsibility inherent to the charge, taxable and taxable, which shall have the character of income for any legal effect corresponding to 30% of the sum of the basic salary and the municipal allocation. The expenditure that represents the payment of this allocation shall be made from the budget of the respective Municipality. "2) Intercalase, in Article 5, the following sixth, new point, passing the current sixth indent to be the seventh indent:" Without In addition, there will also be an allocation of Incentive for Jurisdictional, taxable and taxable management, the payment of which will be made from the budget of the respective Municipality, which will have the character of income for all purposes. the legal basis, which shall be granted on the basis of the results of each Court's Appeals, in accordance with the procedure referred to in Article 8 °, which shall be collected monthly during the year immediately following that of the respective qualifying process and which shall be followed by the following procedure: (i) For thirty-three years One hundred of the local police judges best qualified by the respective Court, the allocation will correspond to 20% of the sum of the basic salary and the municipal allocation. (ii) For local police judges who follow them in descending order of assessment, up to sixty-six percent of the best assessed by the respective Court, the allocation shall correspond to 10% of the sum of the basic salary and the Municipal allocation. (iii) In the event of a tie in the score scores between several judges corresponding to the same Court, and when this prevents the determination of the percentage of the incentive that corresponds to each judge, the respective Court must address these draws. (iv) Not be entitled to receive this incentive by local police judges who are qualified on a conditional or deficient list, nor those who during the year prior to the payment of the same, for any reason, have not provided effective services in the Local Police Court for six months or more, with the sole exception of the periods for which they had received medical licences under their statutory arrangements. " 3) Amend Article 8, as follows: (a) Replace the third subparagraph, as follows: " The Judges shall also be required to forward to the Court of Appeal every three months a report on the management of the Court of Appeal, in order for the Court to consider them in the Annual qualification of the Judge. The reports shall be sent to the respective Court within the first ten working days of the months of March, June, September and December, and shall contain at least the following data for the preceding quarter: 1. Number of causes entered, in the total and subject matter of the claim, indicating the state in which they are located and the reasons for the delay and the cessation of some of them; 2. Number of causes failed and of which they are in a state of judgment, if any, in total and by Claimed matter; 3. Delay times of the failed processes, and 4. Background on the application of Article 53 of this Law. This report will be public. A copy of the same must be sent to the Municipality of the commune in which the respective Local Police Court has its seat, and any citizen may request a copy of it. " (b) Incorporate in the fourth indent, below the point (.), which becomes a further point (.), the following sentence: "The report referred to shall be referred to the Council for its knowledge." (c) Replace the fifth indent, by the following: " The respective Courts of Appeal shall carry out each year a General qualification of the Local Police Judges of their dependency. For a better assessment, they shall request from the municipalities the antecedents which they deem relevant. "" Having complied with the provisions of Article 82 of the Constitution of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of Korea, Santiago, 11 March 2005.-RICARDO LAGOS ESCOBAR, President of the Republic.-José Miguel Insulza Salinas, Minister of the Interior.-Nicolas Eyzaguirre Guzmán, Minister of Finance. What I transcribe to you for your knowledge.-Salute to Ud., Adriana Delpiano Puelma, Deputy Secretary for Regional and Administrative Development. Constitutional Court Draft law establishing allocations indicating |! |for municipal officials and local police judges |! | The Secretary of the Constitutional Court, who |! |subscribes, certifies that the Honorable Senate sent the |! |draft of the law enunciated in the rubric, approved by the |! | National Congress, in order that this Tribunal exercises |! |the control of constitutionality with respect to the numeral 4) |! |of the second indent of the article 1, paragraph iii) of the |! |numeral 2 and of the literal (b) of the numeral 3), both of the |! |article 2 of the same, and by judgment of 3 February |! | 2005, given in the cars Role Nº 435, stated: 1. That the article 2, No. 3), letter b), of the project |! |remitted is constitutional. 2. That the article 1, first paragraph, and point |! |second, numbers 1) and 2), and the other rules of the |! |article 2nd, No. 3) of the submitted project, are |! |also constitutional. 3. That it is not up to the Court to rule on |! |the articles 1, second, No. 4, and 2nd, No. |! | 2), paragraph iii), of the draft submitted, by |! |versar on matters that are not own of law |! |organic constitutional. 4. That the 3rd article of the submitted project is |! |unconstitutional and therefore should be removed from |! |its text. Santiago, February 3, 2005.-Rafael Larraín Cruz, |! | Secretary.