Modify Nº18.695, Constitutional Organic Law Of Municipalities, Municipal Management

Original Language Title: MODIFICA LA LEY Nº18.695, ORGANICA CONSTITUCIONAL DE MUNICIPALIDADES, EN MATERIA DE GESTION MUNICIPAL

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"Article 1.-Introducense the following |! | modifications in Nº18.695, constitutional organic law |! | (de Municipalidades: 1) replaced the article 2nd by the following: ' article 2.-the municipalities will be formed by |! | the Mayor, who will be its highest authority, and by the |! | Council. ".

(2) Introducense the following modifications to the |! | (artículo 3º: a) its heading shall be replaced by the following: ' article 3.-corresponds to the municipalities, in |! | the area of its territory, the following functions |! | custodial: ".
((b) delete the letter c) the expression "urban".
(c) alter the order of the letters of this standard, according to |! | ((expressed below: letter to) becomes d); the |! | (letter b) becomes e); the letter c) becomes b); the letter |! | d) becomes f); (la letra e) becomes c), and the letter f) |! | (become a).

(3) replace the article 4th by the following: "article 4.-the municipalities, within the scope of its |! | territory, may develop, directly or with other |! | the State administration bodies, functions |! | (related: to) education and culture;
(b) the public health and the protection of the environment;
(c) social assistance and legal;
(d) training, employment promotion and the |! | productive development;
(e) tourism, sport and recreation;
(f) the construction and the road urban and rural;
(g) the construction of social housing and |! | health infrastructures;
(h) transportation and transit public;
i) risk prevention and the provision of relief |! | in situations of emergency or disasters;
(j) support and promotion of preventive measures in |! | Security citizen and work in her |! | implementation, without prejudice to the provisions of subsection |! | third of article 90 of the Constitution;
(k) the promotion of equality of opportunity between |! | (hombres y mujeres, y l) the development of activities of common interest in the |! | locally. ".

((4) amended article 5 in the following way: to) be inserted in the letter g), between the word |! | " contributions "and the expression"to people", the phrase" for |! | specific purposes ";
(b) replace the second paragraph by the following: "municipalities will have, in addition, the attributions |! | non-essential that give laws or they related about |! | matters that the Constitution politics |! | expressly been responsible are regulated by law |! | (común.'', y c) Intercalanse the following third subparagraph and |! | Fourth, new, passing the current third paragraph to be |! | fifth paragraph: "without prejudice to the functions and powers of |! | other public agencies, municipalities may |! | collaborate in the control and enforcement of the |! | relevant statutory and regulatory provisions to the |! | protection of the environment, within the limits |! | communal.
Any new feature or task assigned to the |! | municipalities should contemplate financing |! | respective. ".

(5) Agreganse the following articles 5 A and 5 B, |! | New: ' article 5 a.-municipal management will be, to thing |! | (less with the following instruments: a) the plan of community development and their programs;
((b) the communal regulatory plan), and (c) the annual municipal budget.

Article 5 B-the communal development plan, |! | governing instrument of development in the commune, contemplate |! | the actions oriented to the needs of the |! | local community and to promote their social, economic advancement and |! | cultural. Minimum duration is four years, unless |! | must necessarily coincide with the period of performance of |! | municipal authorities elected by the citizenry. Its |! | execution shall undergo periodic, giving evaluation |! | place the adjustments and modifications that apply.
In any case, in the elaboration and implementation of the plan |! | community development, both the Mayor and Council |! | they should take into account the participation of citizens and the |! | required coordination with other public services than |! | operate in the communal area or exercise powers in such |! | scope. ".

(6) replace the seventh paragraph of article 6 by the |! | Next: "the mayor shall report to Council on the award |! | concessions, public tenders, of the |! | proposed private, direct hiring of |! | services for the municipality and the hiring of |! | personnel, at the first regular session held the |! | Council subsequent to such awards or |! | engagements, informing in writing about the different |! | offers received and its evaluation. ".

(7) incorporate the following article 15 bis, new: ' article 15 bis.-two or more municipalities, de |! | those to which refers the item first item |! | earlier, may, by agreement to the effect and |! | whose eventual unilateral eviction will not produce |! | consequences until the subsequent budget year, |! | share among themselves a unit, excluding the Secretariat |! | municipal, City Manager and unit of |! | control, with the aim of making better use of |! | the available human resources. ".

(8) delete in the heading of article 17 the |! | comma (,) and the phrase that follows, replacing it |! | by the sentence: "you will have the following functions:".

(9) Introducense the following modifications to the |! | (artículo 18: a) replaced first subparagraph by the following: "article 18.-the Secretariat communal planning |! | It shall perform duties of advice of the Mayor and Council, |! | in matters of studies and evaluation, own of the |! | powers of the two municipal bodies. ".

(b) replace the heading of the second paragraph, |! | by the following: "in such a character, will correspond you the following |! | functions: ".
(c) replacements in the letter to) of the second paragraph, the |! | expressions "in the preparation and coordination" by "in the |! | formulation of the municipal strategy, also ".
((d) replace the letter c) of the second paragraph, by the |! | (siguiente: ''c) assess the implementation of plans, programs, |! | projects, investments and the municipal budget, e |! | report on these matters to the Council, at least |! | every six months. ".
((e) incorporate the following letter e), new, happening |! | ((((las actuales e)) and (f) to be f) and g), respectively: "e) develop the foundations, General and specific, according to |! | appropriate, for calls to tender, prior report |! | the competent unit, in accordance with the criteria and |! | established in the municipal regulation instructions |! | respective; ".
(f) incorporate the following third, new subparagraph: "attached to this unit there is the urban advisory, |! | who will be required to be in possession of a university degree |! | a career of, at least, ten semesters, |! | (correspondiéndo_le las siguientes funciones: a) advising the Mayor and the Council on the promotion of the |! | urban development;
b) study and develop the communal regulatory plan, and |! | keep it updated, promoting changes that |! | they are necessary and sectional plans preparing for your |! | (aplicación, y c) inform technically propositions about |! | intercommunal urban planning, made to the municipality |! | by the Ministerial Regional Secretariat of housing and |! | Urban planning. ".

((((10) amending article 19, in the following way: a) replaced the letter b), with the following: "b) provide technical assistance to organizations |! | community, promote its development and legalization, and |! | promote their effective participation in the municipality, and ".
((b) replace the letter c) by the following: "c) propose and implement, within its scope, and when |! | appropriate, measures to realize actions |! | related to public health, protection of the environment |! | environment, education and culture, job training, sport |! | and recreation, promoting employment, fostering productive local |! | and tourism. ".

(11) incorporate an article 19 bis, new, of the |! | read as follows: "article 19 bis-the health services unit, |! | education and other incorporated municipal management will have |! | the function of advising the Mayor and the Council in the |! | formulation of policies related to these areas. |!| When the administration of such services is exercised |! | directly by the municipality, shall be responsible for complying, |! | (además, las siguientes funciones: a) propose and implement measures to |! | realize actions and health-related programs |! | public education, and other built-in services to its |! | (gestión, y b) manage human, material resources and |! | financial of such services, in coordination with the |! | Administration and finance unit.

There is municipal corporation in charge of the |! | Administration transferred services, and without prejudice of |! | provisions of the first subparagraph, this municipal unit |! | shall be responsible for formulating proposals with regard to the |! | contributions or subsidies to these corporations, with charge to the |! | municipal budget and propose mechanisms allowing |! | contribute to the improvement of the management of the Corporation |! | in the areas of their competence. ".

(12) replace article 20 with the following: "article 20.-to the unit responsible for works |! | municipal functions correspond le:
to) ensure compliance with the provisions of the |! | Law-General town planning and constructions, the plan |! | communal and respective Ordinances, controller for |! | whose effect will have the following responsibilities |! | (específicas: 1) give approval to land subdivisions |! | urban and rural;
(2) give approval to the projects of works of |! | urbanization and construction;
(3) granting permits for construction of the works |! | mentioned in the previous point;
(4) oversee the execution of such works to the |! | (momento de su recepción, y 5) receive works already mentioned and authorize its |! | use;
b) overseeing works in use, in order to verify the |! | compliance with legal and technical provisions which the |! | govern;
(c) apply environmental standards related to works of |! | construction and urbanization;
d) prepare and keep updated the cadastre of |! | urbanization and building works in the |! | commune;
(e) carry out measures related to urban roads |! | and rural;
f) direct constructions that are de |! | municipal liability, be executed directly or a |! | (través de terceros, y g) in general, applying the legal rules upon |! | construction and landscaping in the commune.
Who exercised the leadership of this unit must possess |! | either the title of architect, civil engineer, |! | civil Builder or engineer constructor. ".
(13) amending article 23 of the following way: to) replace their header that follows: "the |! | unit responsible for Administration and Finance shall have the |! | (siguientes funciones:'', y b) Suprimense in no. 2 of the letter b) of their subsection |! | first expressions "and coordination".

(14) replaced article 24 with the following: "article 24-Correspondera to the unit responsible for |! | Counsel, provide support in legal matters to the |! | Mayor and Council. In addition, inform in law all the |! | legal issues that the various municipal units you |! | raised, will guide them periodically with regard to the |! | laws and regulations, and keep up to date |! | the titles of municipal property.
It may also initiate and take defense, to |! | request of the Mayor, in all those judgments in which |! | the municipality is a party or has an interest, being able |! | also include counseling or community advocacy |! | When appropriate and thus determined by the Mayor.
In addition, when you order it the Mayor, should be |! | research and summary administrative proceedings, without |! | prejudice can also be made by officials |! | of any municipal unit, under the supervision that |! | in this regard corresponds it to counsel. ".

(15) replaced article 25, with the following: "article 25 to the unit responsible for control you |! | (corresponderán las siguientes funciones: a) perform the internal operational audit of the |! | municipality, in order to supervise the legality of |! | their performance;
b) monitor the implementation of financial and budgetary |! | municipal;
(c) represent the Mayor municipal acts |! | It considers illegal, informing the Council that, for whose |! | object will have access to all available information;
(d) collaborate directly with the Council for the |! | exercise of its audit functions. For these |! | effects, will issue a quarterly report on the State of |! | progress of the programme budget exercise. All |! | case, shall respond in writing to queries or |! | (peticiones de informes que le formule un concejal, y e) advise the Council on the definition and evaluation of |! | the external audit that may require under |! | This law.
The headquarters of this unit will be provided through |! | contest of opposition and history. The contest rules |! | and the appointment of the official who carries this |! | Headquarters will require the approval of the Council. Such |! | charge may apply to persons who are in possession of a |! | Professional or technical title according to function. The head |! | This unit can only be removed by virtue of the |! | grounds for termination of applicable to officials features |! | municipal, upon instruction of the respective summary. ".

(16) replace article 26, with the following: "article 26.-characteristics a municipal administrator in |! | all those communes where the Council decides what to |! | proposition of the Mayor. To carry out this charge is |! | It will require to be in possession of a professional degree. It will be |! | appointed by the Mayor and can be removed by this or by |! | agreement of two-thirds of the Councillors in office, |! | without prejudice to governing in addition to its respect the grounds of |! | cessation of functions applicable to municipal staff.
The city manager shall be the direct collaborator |! | the Mayor on the tasks of coordinating and managing |! | standing of the municipality, and in the preparation and follow-up |! | the annual municipal action plan and will exercise the |! | powers indicated the municipal regulation and that le |! | delegate Mayor, provided that they are linked with the |! | nature of his position.
In the municipalities where the charge is not provided of |! | City Manager, its functions will be assumed by the |! | address or headquarters determined by the Mayor.
The position of City Manager will be incompatible |! | all other use, function or Commission in the |! | Administration of the State. ".

(17) replaced article 27, with the following: "article 27.-the internal organization of the |! | municipality, as well as the specific functions that are |! | assigned to the respective units, their coordination or |! | subdivision, shall be regulated by a regulation |! | municipal dictation by the Mayor, with the Council agreement |! | as provided for in the letter j) of article 58. ".

(18) delete in article 31 the expression "de |! | charity "and add at the end of it, after the |! | word "commune", the phrase "that do not pursue purposes of |! | non-profit ".

(19) Insert the following article 33 bis, new: "article 33 bis.-the Mayor is entitled to the use of |! | municipal vehicle for carrying out activities |! | own office, unless they apply in their regard |! | restrictions that set standards in |! | its circulation and the obligation to carry disc |! | distinctive. ".

(20) incorporate a 37 bis, new article, of the |! | read as follows: "article 37 bis.-two or more municipalities may |! | agree to a same official exercise simultaneously, |! | similar work in all of them. The referred Convention |! | It will require the agreement of the respective Councils and the |! | According to the official.
The administrative staff regulations |! | municipal will regulate the situation referred to in subsection |! | previous. ".

(21) replaced article 40, by the following: ' article 40.-you'll have the quality of officials of |! | exclusive confidence of the Mayor, persons who are |! | designated as holders of all Secretary |! | community planning and those involving |! | Head of legal, health units and |! | education and other incorporated into its management, and development |! | community. ".

22) delete article 48 the comma (,) to |! | continuation of the word "Council" and the phrase "when |! | appear committed to the responsibility of the Mayor ".

(23) entering the following second paragraph article |! | 49: "in the above condition, the Mayor must |! | present, timely and founded pattern approval |! | the Council, the communal development plan, the budget |! | municipal, regulatory plan, policy unit of |! | health and education services and other built-in to your |! | management, and the policies and guidelines about |! | tenders, procurement, concessions and permits. ".

(24) amended article 52 of the following way: to) replace the subparagraph first with the following: "the |! | office of the Mayor will be incompatible with the exercise of |! | any other use or paid public service with |! | State funding, with the exception of jobs or functions |! | teachers of basic education, average or above, up to the |! | (límite de doce horas semanales.'', y b) insert in the second paragraph, then de |! | the words "Statute teacher", the sentence "as well as the |! | non-teaching staff of the municipal education and the governed |! | by law Nº 19.378 "; removed the word "public", |! | between the expressions "charges" and "persons"; y |!| Add the following final sentence: "in this |! | subparagraph shall not apply to persons who perform in |! | offices of exclusive trust. ".

(25) Introducense the following modifications to the |! | (artículo 53: a) incorporated into the letter c) of the first subparagraph, to |! | continuation of the semicolon (;), the conjunction |! | " and ".
((b) replace the letter d) semicolon (;) and the |! | conjunction "and" end, by a period (.).
((c) delete letter e).
(d) Reemplazanse the second and third subparagraphs by the |! | (siguientes: ''La causal establecida en la letra a) will be declared |! | by the respective regional electoral tribunal, once |! | verified the existence of any of the circumstances that |! | includes article 17 of the Constitution of the |! | Republic. Public action shall be granted to substantiate this |! | procedure.
(La causal establecida en la letra b) will be declared by |! | the same court, at the request of at least two |! | Councillors of the corresponding municipality. Mayor |! | who deems to be affected by any causal inability |! | must be to inform the Council as soon note |! | knowledge of its existence.
(La causal establecida en la letra c) will be declared |! | by the respective regional electoral tribunal to |! | request of a least a third of the |! | Councillors in office; except in the case of the case |! | provided for in the second paragraph of article 58, which |! | removing only the Council can promote it |! | observe in any case the procedure laid down |! | in articles 17 et seq. of the law Nº |! | 18.593, for which no will require the sponsorship of |! | lawyer.
However, the ceasefire in the office of Mayor, |! | (tratándo_se de las causales contempladas en las letras a), b) |! | (y c), will operate only once rendered resolve |! | declare your existence. ".

(26) amending article 55 as follows: to) delete paragraph first the word |! | " administrative ".
(b) replace the second paragraph by the following: "the subrogation shall also include representation |! | the municipality, the attribution of convening the Council and |! | right to attend its sessions only with right to voice. |!| While operating the subrogation, the Presidency of the Council the |! | shall the present Councillor who has obtained greater |! | voting citizens in the respective municipal election, |! | except when operating provisions of the third paragraph of the |! | Article 98. ".

(c) replace the fourth subparagraph by the following: "in the event of vacancy of the office of Mayor, previous |! | compliance with provisions in article 68 Council |! | proceed to choose a new mayor who complete the period, |! | from among its own members and by an absolute majority of the |! | Councillors in office, at a specially convened session |! | to the effect. Does not meet any of them that majority, be |! | He will repeat the vote, confined only to the two councillors |! | that you have obtained the two relative majorities. In case of |! | not achieved again the absolute majority in this second |! | vote, or producing tie, will be considered Mayor |! | one of the two councillors who has obtained greater |! | number of citizens in the municipal election preferences |! | respective. The same mechanism of preferences |! | citizens will also apply to ties in |! | the determination of the relative majority in the first |! | vote. ".
(d) replace final paragraph expressions |! | " ten "and"twelve"and"three"," five"|! | respectively.

(27) Introducense the following modifications to the |! | ((artículo 56: a) replace the letter b), with the following: "b) propose to the Council the internal organization of the |! | municipality; ".
((b) replaced into the letter j) semicolon (;) by |! | a followed dot (.), then this adding the |! | next sentence: "may also delegate the right |! | to sign, under the formula "by order of the Mayor," |! | on specific subjects; ".
((c) replaced by the letter n) separate point (.) by |! | (una coma (,) followed by the conjunction "and" and d) incorporated a letter n), new, of the next |! | (tenor: ''ñ) authorize the municipal vehicles |! | out of the days and hours of work, for the fulfillment |! | inherent in the municipality functions. ".

(28) replaced article 57 with the following: "article 57.-the mayor shall consult the Council for |! | make the designation of delegates referred to the |! | Article 60. ".

((29) amending article 58 of the following way: to) replace the letter to) of the first subparagraph, by the |! | (siguiente: ''a) approve the community development plan and the |! | municipal budget, and its amendments, as likewise |! | the budgets for health and education, programmes de |! | resources policies and corresponding investment |! | humans, for the provision of municipal services and |! | concessions, permits and tender; ".
(b) replace the letter i) of the first subparagraph, by the |! | (siguiente: ''i) granting municipal concessions, renovate them and |! | terminate them. In any case, the renovations may only |! | Remember within six months that they precede to its |! | expiration, even though in the case of regulated concessions in |! | special laws; ".
((c) replaced by the letter k) of the first subparagraph, the |! | comma (,) and the conjunction "and" end, by a semicolon |! | (;).
((d) replaced into the letter l) the final dot (.) by |! | a comma (,), followed by the conjunction "and".
((((e) Incorporanse the following letters m), n) and n), |! | (nuevas: ''m) Readscribir or allocate to other units to the |! | municipal staff who perform in the control unit;
(n) grant, renew, expire and transfer patent of |! | alcohols. The granting, renewal or transfer of |! | These patents shall be consultation meetings of |! | (Vecinos respectivas, y ñ) set the operation time of the |! | establishments of retail sale of alcoholic beverages |! | existing in the community. ".
(f) replace the second paragraph by the following: "matters which require the agreement of Council |! | initiative of the mayor shall be. Without prejudice of thing |! | above, if the Mayor commits breach |! | repeated and negligent of the obligations indicated in the |! | second paragraph of article 49, may be required by the |! | Council so that the projects can present |! | apply within a reasonable time. Where |! | the Mayor persists in the omission, his conduct may be |! | regarded as causal of significant neglect of duties, for |! | the article (los efectos de lo previsto en la letra c) |! | 53. ".
(g) insert in the third paragraph, the next |! | closing prayer: "all in all, the budget must reflect |! | strategies, policies, plans, programs and goals |! | approved by the Council on proposition of the Mayor. ".

(30) incorporate an article 58 bis, new, of the |! | read as follows: "article 58 bis.-each municipality must have |! | a regulation of contracts and acquisitions, approved |! | by the Council on a proposal from the Mayor, in which are |! | the backup procedures are necessary for |! | due objectivity, transparency and opportunity in the |! | hiring and acquisitions carried out. ".

(31) replaced article 59, by the following: ' article 59.-the Mayor must give public account to the |! | Council, later in the month of April of each year, of its |! | Management annual and the general progress of the municipality. |!| The public accounts shall be carried out by written report, the |! | which shall refer at least to the following |! | (contenidos: a) the balance of the budget outturn and the |! | statement of financial position, indicating the way in which the |! | forecast of revenues and expenditures is fulfilled
(b) actions taken for the fulfillment of the |! | community development plan, as well as the States of advance |! | programmes of medium and long term goals |! | fulfilled and the objectives achieved;
(c) the investments made in connection with the |! | projects completed in the period and those implemented, |! | specifically noting his funding sources;
(d) a summary of the most relevant comments |! | carried out by the General Comptroller of the Republic, in |! | performance of its functions, related with the |! | municipal administration;
(e) the conventions concluded with other institutions, |! | public or private, as well as the Constitution of |! | corporations or foundations, or the municipal incorporation to |! | This type of entities;
(f) changes made to the heritage |! | all relevant fact of the municipal administration (municipal, y g) |! | that must be known to the local community.
A summary of the public statements of the mayor shall be |! | released to the community. Without limiting the foregoing, the |! | full account by the Mayor must be a |! | available to citizens for consultation.
Non-compliance with the provisions of this article |! | It will be considered causal remarkable abandonment of their duties |! | by the Mayor. ".

32) added the following article 60 bis, new: "article 60 bis.-mayors are entitled to |! | perceive an inherent in the corresponding charge allocation |! | 30% of the sum of the salary base and the municipal allocation, |! | What will be taxable and taxable. Expenditure which represent |! | the payment of this benefit shall be charged to the |! | budget of the municipality.
In any case the Mayor entitlement payment by |! | overtime. ".

(33) add the following article 60 ter: "article 60 ter-mayors may not take part |! | in the discussion and vote on matters in which it or its |! | relatives up to the fourth degree of consanguinity or second |! | affinity, have an interest. ".

((34) replaced in) (c) of article 66 the |! | word "held" by the phrase "a which is quoted".

(35) joining the following final sentence subsection |! | second article 68, after the followed period (.): "for this purpose, the political party shall have a period of |! | ten working days from its notification by the Secretary-General |! | municipal of the decision of the regional electoral tribunal. ".

(36) Introducense the following modifications to the |! | ((artículo 69: a) replace the letter to), with the following: "to) choose the Mayor, in the event of a vacancy, agreement |! | pursuant to article 55; ".
((b) replace the letter d) of your first paragraph by the |! | (siguiente: ''d) overseeing the actions of the Mayor and |! | ask the observations that deserve you, which |! | They shall be answered in writing within the deadline |! | twenty days; ".
((c) delete in the letter f) the closing prayer and coma |! | (,) that precedes it.
((d) replace the letter h) of the same subsection by the |! | (siguiente: ''h) quote or order information, through the Mayor to |! | agencies or officials when deemed |! | necessary to pronounce on the matters of its |! | competition.
It also will have the power to request information |! | any Councillor, which shall be formalized in writing |! | to the Council.
The Mayor will be obliged to respond to the report in a |! | period of no more than twenty days; ".
e) incorporate a letter i), new, of the next |! | (tenor, pasando la actual letra i) to be letter j), and thus |! | (sucesivamente: ''i) choose, in a just act, members of the |! | directory that you designate the municipality in |! | each corporation or foundation that has participation, |! | whatever the nature of this or that. These |! | Directors shall inform the Council about its management as |! | also about the progress of the Corporation or Foundation |! | whose directory part; ".
(f) replace the current letter i), which has become |! | (letra j), by the following: "j) request to companies, corporations or |! | foundations, and entities which receive |! | contributions or grants from the municipality. In the latter |! | case, the subject matter of the report may only consist in the |! | destination given to contributions or municipal grants |! | perceived; ".
(g) replace the current letter j), that has happened to |! | (ser letra l), (comma) and the conjunction "and" end, |! | by a semicolon (;).
((h) replaced into current letter k), the endpoint |! | (.) by a semicolon (;).
(((i) Incorporanse the following letters l) and ll), new: "l) authorize the responsibilities of the Mayor and of the |! | Councillors who mean to leave the territory |! | National. They will also require authorization the roles of the |! | Mayor and Councillors that occur outside the |! | territory of the community for more than ten days.
A report of these missions and their cost are included |! | (en el acta deel concejo, y ll) the implementation of the development plan |! | communal. ".

(37) incorporate the following 69 bis, new article: "article 69 bis-control corresponding |! | exercise the Council also includes the Faculty of |! | evaluate the management of the Mayor, especially to verify |! | municipal acts have adjusted policies, |! | rules and agreements adopted by the Council, in the exercise |! | of his own powers.
The different actions of control should be |! | agreed within an ordinary session of the Council and a |! | requirement of any Councillor.
The Council, by a majority of its members, may |! | arrange the hiring of an external audit to evaluate |! | budget execution and the State of affairs |! | financial municipality. This power may be exercised only |! | Once a year in the municipalities whose annual income |! | exceed 6.250 annual tax units, and every two |! | years in the municipalities.
Without limiting the foregoing, the Council will have the |! | hiring of an external audit to evaluate the |! | implementation of the plan of development, which should be practiced |! | every three or four years, respectively, according to the |! | classification of municipalities for income designated in the |! | previous subsection.
In all case the audits covered by this article |! | was hired through the Mayor and with charge to the |! | municipal budget. The final reports relapsed in |! | they will be public knowledge. ".

(38) replaced article 72 by the following: ' article 72.-the Council will install forty days |! | After the date of the respective election, at which time |! | determine the holder or surrogate, Mayor assisted |! | the absolute majority of Councillors declared elected |! | by the competent Regional Electoral Tribunal. In any case, |! | the period of exercise in the office of Mayor and Councillor is |! | It always computed from the forty-day after a |! | the election, even though the installation have not been verified |! | of the Council.
The first session will be chaired by the elected mayor. |!| It will act as a Minister of faith the City Clerk, whom |! | It will proceed to read the ruling of the Electoral Tribunal |! | Regional to give account of the final outcome of the |! | the commune election, and will take to the Mayor and to the |! | Councillors the oath or promise to observe the |! | Constitution and laws, and comply with fidelity the |! | functions of their respective offices.
The Council, in the installation session focus to |! | set the days and hours of the regular sessions. A copy |! | the minutes of this session will be forwarded to the Regional Government |! | respective, within forty-eight hours |! | following. ".

(39) amending article 76 as follows: to) add the following final sentence to subsection |! | first: "the Mayor must respond within the time limit |! | maximum of fifteen days, except in cases in which |! | that may be extended by a reasonable time criterion |! | (Council. ", and (b)) Suprimense paragraphs second, third and fourth.

40) joining the following 76 bis, new article: "article 76 bis.-the Councillors are entitled to |! | receive a monthly allowance of between four and eight |! | tax units per month, as determined annually |! | each Council by two-thirds of its members.
This unique assignment may be levied by the |! | attendance at formal meetings of the Council as a |! | the sessions of the Commission referred to in article 78, according to |! | determine the own Council.
The Mayor agreed with the Council the number of |! | sessions in the month, and must be done |! | each month at least two.
Without prejudice to the above, each |! | Councillor shall be entitled to the payment of the allocation annually |! | corresponding to four monthly tax units, |! | whenever the respective calendar year |! | formally, assisted at least fifty percent of |! | the meetings held by the Council. The exercise of this |! | right by any Councillor shall be communicated |! | prior to the Council during a formal session. ".

(41) add the following article 77 bis, new: "article 77 bis.-persons than employers |! | exercising a position of Councillor, they must grant them the |! | permission to be absent from their work |! | usual, in order to attend the sessions of the |! | Council. The time that abarcaren the granted privileges are |! | It is understood worked for all legal purposes.
Also, the Councillors, the activity carried out by |! | in such a condition, will be subject to insurance against risk |! | accidents at work and occupational diseases |! | the benefits established by law Nº 16.744, enjoying |! | that it correspond to the nature of his position. The cost of |! | This benefit will be municipal charge. ".

(42) adding the following article 77 ter, new: "article 77 ter-Councillors can affiliate to the |! | System of pensions, old-age, invalidity and |! | Survival, pursuant to Decree-Law |! | No. 3,500, just assume such functions. For |! | These effects, the Councillors shall be deemed equivalent to the regime of |! | the self-employed.
The obligations that the relevant laws on |! | social security imposes on employers, aliyah |! | for these purposes in the respective municipalities. The |! | pension contributions will be calculated on the basis of |! | monthly allocations to Councillors corresponding |! | perceive under subsection first article 76 |! | bis. ".

(43) replaced article 78 by the following: "article 78.-the Council shall be determined by a regulation |! | the other necessary rules for its operation, inner |! | regulating the work that the Council commissions |! | You can set up to perform their functions, which, in |! | Anyway, shall be always presided over by Councillors, without |! | prejudice to the assistance of third parties whose opinion is |! | consider relevant in the view of the Commission. ".

(44) replace the title IV, "of the Economic Council and |! | SOCIAL community ", by the following:" title IV of the participation citizen paragraph 1º |! | The instances of participation article 79.-each municipality shall establish in |! | an Ordinance the modalities for participation of the |! | citizenship locally, taking into consideration the |! | unique features of each commune, such as the |! | configuration of the communal territory, the location of the |! | human settlements, the type of relevant activities of the |! | communal work, the formation age of the population and |! | any other element which, in the opinion of the municipality, |! | requires an expression or specific representation within |! | the commune and to the municipality want to relieve for |! | effect of joining in the discussion and definition of |! | the guidelines that should govern the communal administration.
Article 80.-In each municipality there is a Council |! | Economic and social community, composed of representatives of |! | the organized local community. It will be an advisory body of the |! | municipality, which shall ensure the |! | participation of community-based organizations |! | territorial and functional, and relevant activities in the |! | economic, social and cultural progress of the commune.
Integration, organization, competencies and |! | operation of these councils, will be determined by |! | each municipality, in a regulation that the mayor shall submit |! | to the approval of the Council.
Counselors will last four years in its functions. The |! | Council will be chaired by the Mayor and, in his absence, by |! | the Vice President who choose the Council from among its |! | members.
However, councils must decide with regard to the |! | public statements by the Mayor, on the coverage and efficiency |! | the municipal services of the commune, and may additionally |! | the appeal of claims established in the |! | Final title of this law.
The mayor shall inform the Council about the |! | investment, of the communal development plan budgets and |! | of the regulatory plan. The Council shall have fifteen days to |! | formulate its observations on the report.

Article 81.-to be a member of the Economic Council and |! | (social comunal se requerirá: a) be 18 years of age, with the exception of the |! | representatives of organizations mentioned in law Nº |! | 18.893;
b) having a year of affiliation, as a minimum, a |! | Organization of the establishment, where appropriate, in the |! | time of the election;
(c) be Chilean or foreigners living in the country, and |! | (d) must not have been convicted or be processed by |! | a crime that deserves punishment disturbing.
Referred to in the previous disability will be |! | no effect after the deadline referred to in the |! | Article 105 of the criminal code, since the performance of the |! | respective penalty.
They shall apply to the members of the Economic Council and |! | social community disabilities and incompatibilities that |! | This law provides for the members of the Councils in the |! | (article 64 and in) (b) of article 65.
Also, be incompatible with the charges of |! | Regional Councillors, Councillors and provincial counsellors.

Article 82.-The municipal powers regarding |! | participation in articles |! | earlier, does not inhibit the free Faculty of Association |! | corresponds it to all and every one of the inhabitants of the |! | commune, in pursuit of which the whole of the inhabitants or |! | a part of them, may be forms of organization |! | that they deem most appropriate for the development of its |! | interests, with the only limitation of full respect to the |! | force and public order laws.

Paragraph 2 |! | Of the public hearings and claims Office |! |
Article 83.-Each municipality shall be regular in the |! | Ordinance of participation referred to in the |! | Article 79 public hearings which |! | the Mayor and the Council know about materials than |! | consider communal interest, and that no less |! | one hundred citizens of the commune addressed them. Excluding de |! | This requirement the communes of less than 5,000 inhabitants, in |! | that the Council shall determine the number of citizens |! | requesting.
Without prejudice to the regulatory Council faculty, the |! | request for a public hearing must be accompanied of the |! | signatures support, contain the |! | Fundamentals of the matter submitted to knowledge of the |! | Council and, in addition, must identify people who, in |! | a number not exceeding five, will represent to the |! | requesting at the public hearing that the effect is |! | determine.

Article 84.-without prejudice to the provisions in the |! | previous articles, each municipality must enable and |! | keep running an office of parties and claims |! | open to the community at large. The Ordinance of |! | participation will establish a public procedure for the |! | treatment of submissions or claims, as likewise |! | the periods in which the municipality must respond to them, |! | that, in any case, will be longer than thirty days.

Paragraph 3 of the plebiscites communal and queries |! | Not binding article 85.-the Mayor, with the agreement of the Council, or a |! | requirement of two-thirds of the same Council or by |! | initiative of the citizens registered in the registers |! | electoral commune, be submitted to plebiscite materials |! | specific investment-related local government |! | community development, approval or modification of the |! | community development, to the modification of the plan plan |! | regulator or others of interest to the local community, |! | If they are within the sphere of competence |! | municipal, in accordance with the procedure laid down in |! | the following articles.

Article 86.-for the origin of the plebiscite to |! | the citizenship requirement, must attend with their |! | signature, notary public or official of the Civil Registry, to |! | least 10% of the citizens registered in the registers |! | election of the commune of December 31 of the year |! | above, and must prove that by percentage |! | certification shall be issued by the Regional Service Director |! | Electoral.

Article 87-within tenth day of adopted the |! | agreement of the Council, of officially received the |! | request of the Council or of the citizens in the |! | terms of the previous article, the mayor shall issue a |! | Decree to call a plebiscite. Said Decree is |! | It shall publish, within fifteen days to his |! | enactment, in the Gazette and in a newspaper of the de |! | highest circulation in the commune. Also, be disseminated |! | by fixed in the communal headquarters and other notices |! | public places.
The decree will contain the or issues subject to |! | plebiscite. In addition, will indicate the date of its completion, |! | and must be, in any case, not before 1960 or |! | After ninety days from the publication of |! | This Decree in the official journal.
The results of the referendum will be binding for the |! | municipal authority, whenever you vote on it more than 50% of |! | citizens registered in the electoral registers of the |! | commune.
Electoral registration in the respective commune |! | will be suspended from the day following that on which are |! | publication in the official journal the decree that mayoral |! | summon plebiscite and will resume from day |! | business of the month subsequent to the date on which the Tribunal |! | Election qualifier informs the Director of the service |! | Electoral term of the rating process of the |! | plebiscite.
In the field of municipal referendums, there will be no place to |! | electoral propaganda on television and not apply |! | the precepts contained in articles 31 and 31 bis of the |! | Organic Constitution on popular voting Act and |! | Indexes.

Article 88-No may be called to communal plebiscite |! | during the period between the eight months |! | prior to any popular election and two months |! | following her.
Communal plebiscites can not held inside |! | the same year in which corresponds to make choices |! | municipal, or on a same subject more than once during |! | the respective mayoral period.
The Electoral service and the municipalities are |! | coordinate programming and realization of the |! | plebiscites, prior to its convocation.

Article 89-The call to national referendum or a |! | extraordinary choice of President of the Republic, |! | It will suspend the terms of realization of the plebiscites |! | community, until the proclamation of its results by the |! | Election qualifier Tribunal.

Article 90-The realization of the plebiscites |! | communal, as applicable, shall be governed by the |! | rules laid down in Act No. 18.700, organic |! | Constitutional on popular votes and ballots, with |! | except as provided in article 175 bis.
In any case, the cost of communal plebiscites |! | It will be in charge of the respective municipality. ".

(45) incorporated in article 97 bis, before point |! | final (..), the following expressions: "the 27th of |! | October ".

(46) added in the third subparagraph of article 98, in |! | followed dot (.), the following final paragraph: "in any case, during the designated period, the |! | Presidency of the Council can only exercise it a Councillor to |! | It is not repostulando to the post. If there is more than |! | one in such a situation the Presidency will correspond you to whom |! | you have obtained greater voting citizen individually in the |! | respective election. If all the Councillors |! | repostulando, the Presidency will be decided by drawing lots among |! | them. ".

(47) remove title VI "of the PLEBISCITES |! | COMMUNAL ".

(48) add the following second paragraph to article |! | 126: "may not be directors or functions of |! | Administration in the entities referred to in the present |! | title, as well as in established corporations with |! | According to the decree with force of law Nº 1-3.063, of the year |! | 1980, the Ministry of the Interior, the spouse of the mayor or |! | the Councillors, as well as their blood relatives |! | up to the third degree inclusive, by affinity to the |! | second grade and persons linked to them by |! | adoption. ".

(49) replaced article 130 by the following:
"Article 130.-The auditing of these entities |! | It will be performed by the controller of the municipality, |! | in relation to the municipal contributions that are les |! | delivered. ".
(50) Insert the following article 130 bis, new: "article 130 bis.-without prejudice |! | in articles 6 and 25 of the Nº10.336 law, the Comptroller |! | General of the Republic monitor corporations, |! | foundations or municipal associations, whatever their |! | nature and those constituted in accordance to this |! | title, pursuant to the decree with force of law N ° 1-3.063, |! | in 1980, the Ministry of the Interior, or according to |! | any other legal provision, with respect to the use and |! | fate of their resources, having all the |! | information required for this purpose.
The respective municipal unit will have, in |! | the same terms, the supervisory faculty regarding |! | These entities.

(51) Incorporanse following articles 140 and 141, |! | New: "article 140.-installed a new municipality, the |! | or originating municipalities passed him in the term of |! | six months, municipal services and establishments |! | or headquarters, located in the Community territory that are to its |! | charge under the rules established by the decree with |! | force of law N ° 1-3.063, 1980, of the Ministry of the |! | Inside.
Article 141.-The transfer of municipal services |! | and their establishments or centres shall be carried out in form |! | Finally, through the conclusion of a Convention between the |! | respective municipalities, which must be considered between |! | other aspects:-detailed description of the service that takes in charge the new municipality, specifying the rights and obligations of the corresponding Ministry pointed to the original municipality. - Identification of assets and real estate that though. With respect to real estate, must identify and express all the mentions required by the Act and respective regulations for the registration of the goods in the relevant records. In the event considered the transfer of motor vehicle, it must comply with similar requirements for proper identification.
-Payroll and regime of the staff which is transferred from the municipality stating, among other background, name, function that performs, seniority in the service, place of performance, social security status and remuneration.
-The employment relationship personnel that is transferred pursuant to this Act is affection will remain current with the new employer municipality, without solution of continuity, not affecting the rights and obligations arising from it.
The Convention must be sanctioned by Decree of the |! | respective mayors. The transfer shall remain in force from the first day |! | of the month following the date of Mayoral Decree of |! | the municipality derived.