[passage] (El Comercio, 22 April) CONSTITUTIONAL ORGANIZATION OF MUNICIPALITIES [6] [passage] [passage] [passage] [passage] [El Comercio] National Congress has given its approval to the following bill: " Single article.-Enter into law N ° 18,695, |! | Constitutional Organic Municipalities, the |! |following modifications: 1. Replace article 1 °, by the following: " Article 1 °.-The local administration of each |! |commune or pool of communes that determines the law |! |resides in a municipality. The municipalities are autonomous corporations of |! |public law, with legal personality and heritage |! |own, whose purpose is to satisfy the needs of |! |the local community and ensure their participation in the |! |economic, social progress "..................................................................................... Each municipality will count, |! |in addition, with a communal economic and social council of |! |consultative character. " 2. bis. Add the following letter f), new, to the |! |article 3 °. "f) Develop, approve and modify the plan of |! |communal development whose application should harmonize with |! |regional and national plans." 3. Amend Article 5 ° in the following |!-terms: (a) Replace (a) with the following: "(a) Run the communal development plan and the |! |programmes necessary for its implementation;" (b) Replace point (c), as follows: " (c) Manage the municipal and national assets |! |of public use existing in the commune, except that, in |! |attention to their nature or purposes and according to the |! |law, the administration of the latter corresponds to |! |other organs of the State administration. In |! |exercise of this attribution, it will be up to them, prior |! |report of the Economic and Social Council of the Commune, |! |assign and change the denomination of such goods. |! | Also, with the agreement of the two thirds of the |! |aldermen in exercise, you will be able to make use of this |! |attribution regarding populations, neighborhoods and assemblies |! |housing, in the territory under its |! |administration. " c) Intercalase in the letter g), following the |! |expressions "whatever their |! |administration", replacing the point followed (.) by |! |a comma (,), the following sentence: "neither those destined for |! |the Fire Corps.", and replace the comma (,) and |! |the "and" end, by a semicolon (;); and in |! |the letter h), the endpoint (.) by a semicolon (;), |! |and the verbal form "Set" to "Apply". d) Add the following letter i): " i) Constituir corporations or foundations of |! |private, non-profit, intended for the |! |promotion and dissemination of art and culture. The |! |municipal participation in these corporations will be governed |! |by the rules set forth in Paragraph 1 of the Title |! | VII, and ". (c) Add the following point (j): " j) Establish, in the field of communes or |! |pool of communes, territories called units |! |neighbors, with the object of propender a development |! |balanced and to a proper channeling of the |! |citizen participation. ". f) Replace the second paragraph with the following:" The Municipalities will also have the |! |non-essential attributions that entrust them with the laws or |! |that they deal with matters that the Political Constitution |! Republic expressly has in charge be regulated |! |by the law common, among others, to collaborate in the |! |fiscalization and in compliance with the provisions |! |legal and regulatory corresponding to the |! |environmental protection, in communal limits, |! |without prejudice to powers, functions and |! |attributions of others (g) Add the following final indent: "The Municipalities may be associated with each other |! |for the fulfilment of their own purposes, according to |! |with the rules set out in Paragraph 2 of the Title |! | VII." 4. Replace the article 6 °, by the following: " Article 6 °.-For the fulfillment of its |! |functions, the municipalities may conclude agreements |! |with other organs of the State Administration in the |! |conditions that point to the respective law, without altering |! |the attributions and functions corresponding to the |! |municipalities. Also, in order to meet the needs of the |! local community, the municipalities will be able to celebrate |! |contracts that involve the execution of actions |! |determined. Similarly, they may grant concessions for the |! |provision of certain municipal services or for |! |the administration of establishments or goods |! |specific they hold or have any title. The conclusion of the contracts and the granting of |! |the concessions to which the preceding incites are mentioned will be |! |will make prior to public tender, in the case that the amount |! |of the contracts or the value of the goods involved |! |exceeds two hundred Monthly tax units or, |! |dealing with concessions, if the total of the rights or |! |benefits to be paid by the concessionaire is |! |higher one hundred monthly tax units. If the amount of the contracts or the value of the |! |goods involved or the rights or benefits to |! |paid for the concessions are inferior to the amounts |! |indicated in the preceding paragraph, it will be possible to call |! |private proposal. The same procedure will be applied |! |when, however, the amount of the contracts or the |! |value of the goods involved exceeds the amounts |! |indicated in that paragraph, urgent unforeseen events |! |or other circumstances duly qualified by the |! | Council, in session specially called to the effect and |! |with the favorable vote of the absolute majority of the |! |aldermen in exercise. If you do not present yourself interested or if the amount of |! |the contracts do not exceed one hundred tax units |! |monthly, you will be able to proceed by hiring |! |direct. However, the provisions of the above incisos do not |! |be applicable to the municipal permits, which are |! shall be governed by the provisions of Articles 30 and 53, |! |letter (g) of this Law. " 5. Add the following paragraph 3 °, new, to the |! | Title I, passing the current 3 ° to 4 °, removing the |! |current article 11. Paragraph 3 ° |! | Municipal Heritage and Financing |! | Article 10a.-The heritage of the |! |municipalities shall be constituted by: (a) the bodily and incorporated property which they hold or |! |acquire any title; b) the contribution which the Regional Government gives them |! |respective; c) The income from their participation in |! |the Municipal Fund; d) The rights which charge for the services they |! |lend and for the permits and concessions they grant; e) The income they perceive for their |! |activities or the establishments of their dependency; f) The income they collect for the taxes that the |! |law allow the community authorities to apply within |! |of the frameworks that the law points out, that tax activities |! |or goods that have a clear local identification, for |! |be destined for communal development works, without |! |prejudice to the seventh transitional arrangement of the |! | Political Constitution, understanding within them, |! |tributes such as the established territorial tax |! |in the Law on Territorial Tax, the permission of |! |circulation of vehicles enshrined in the Law of Rentas |! | Municipal, and the patents referred to in the |! |articles 23 and 32 of that law and 140 of the Law of |! | Alcohols, Alcoholic Beverages and Vinagres; g) The fines and interest For profit |! |municipal, and h) Other income that corresponds to them under |! |of the laws in force. Article 11.-The municipalities will enjoy |! |autonomy for the administration of their finances. To ensure the fulfillment of the goals of the |! |municipalities and their proper functioning, there will be |! |a mechanism of solidarity redistribution of resources |! |financial among the municipalities of the country, |! |called the Municipal Common Fund, which will be |! |integrated by the following resources: 1.-One sixty per cent of the territorial tax |! |that it results from applying the rate referred to in the |! |point first of article 15 of the Law on Tax |! | territorial; 2.-One fifty percent of the right by the |! |vehicle circulation permit that establishes the law |! |of Municipal Income, without prejudice to the established |! |in your article 12; 3.-One forty-five percent of what you collect |! |the Municipality of Santiago and a sixty-five by |!% of what the Municipalities of Santiago collect |! | Providence and Las Condes for the payment of patents to |! |referred to in Articles 23 and 32 of the Law of |! | Municipal Income, and 140 of the Law of Alcohols, |! | Alcoholic Beverages and Vinagres, and 4. |! |the Nation's Budget Law. The distribution of this Fund will be subject to the |! |criteria and norms established in the Law of Rent |! | Municipal. " 6. Modify Article 12 in the following |! |terms: Substitute, in the first paragraph, the expression |! | "community development council", by "council". 7. Replace point (a) of Article 16, by the following |!: "a) Address the activities of the secretariat |! |administrative of the mayor and council, and". 8. Replace, in the first indent and in the letters |! |a) and c) of the second indent of Article 17, the phrase |! | "council of communal development", by "council". 9. Replace, in point (a) of Article 18, the |! |expression "council of communal development" by "council". 10. Add the following Article 24a: " Article 24a. There will be an administrator |! |municipal in all those communes where the |! |council decides to propose the mayor. The position of municipal administrator will be provided by |! |contest p ublic, will depend directly on the mayor and |! |whoever performs it will require to be in possession of a |! |professional title befitting the function. This charge |! |will not be accessed by promotion. The municipal administrator may be removed, without |! |expression of cause, with agreement of two thirds of |! |the members in the exercise of the Council, without prejudice to |! |the causals of cessation of functions applicable to the |! |municipal officials of agreement with the statute |! |administrative of the municipal officials. The municipal administrator will be responsible for: a) Run coordination tasks of all the |! |municipal units and municipal services, of |! |according to the instructions of the mayor; b) Velar for the proper performance of the management |! |and technical execution of the policies, plans and programs |! |of the municipality, and c) Exercise the attributions that delegates him |! |mayor, in accordance with this law, and the others |! |functions that are entrusted to him according to the |! |rules of procedure of the municipality. The functions of municipal administrator shall be |! |regulations by the mayor, with the agreement of the majority |! |absolute of the members in exercise of the Council. " 10a. Add, in the first paragraph of the article |! | 35, below the point (.), the following sentence |! |final: "The above is without prejudice to the established |! |in article 38." 11. Insert the following Article 38, new: " Article 38. They will have the quality of officials |! |exclusive trust of the mayor the people who are |! |appointed as holders in the post of secretary |! |communal planning and coordination, and in those |! |that involve running the units of legal advice |! |and Community development. ". 11a. Replace in Articles 28 and 46, the |! |expression "council of communal development" by "council". 12. Replace article 42, by the following: " Article 42.-The municipalities shall be |! |audited by the Comptroller General of the Republic, |! |according to their constitutional organic law, without |! fiscalization |! |internal that correspond to the mayor, the council and the |! |municipal units within the ambit of his |! |competition. ". 12a. Replace article 48, by the following |! |: " Article 48.-The mayor will be elected by vote |! |universal, in accordance with the provisions of this |! |law. His term of office will last for four years and may be |! Replace Article 49, by the following: Article 49.-The Mayor shall assume his/her duties of |! as provided for in Article 69. " 14. Replace Article 50, by the following: " Article 50.-Without prejudice to the provisions in the |! |article 113 of the Political Constitution, the position of |! |mayor shall be incompatible with the exercise of any |! |other employment or public function paid with funds |! |state, with the exception of jobs or functions |! |teachers of basic education, average or higher, up to the |! |limit of twelve hours per week. The officials governed by law N ° 18.834, on |! | Administrative Staff Regulations, which force the elected mayors |! |in accordance with the provisions of this law, |! |they shall have the right to be granted permission without enjoyment of |! of the public charges that |! |are serving as headlines, for all |! |the time you understand your alkaline performance. They will incur an over-coming inability to |! |perform the office of mayor the persons who, by itself |! |or as representatives of another natural person or |! |legal, conclude contracts or grant rubberings in |! |favor of the respective municipality or have disputes |! |pending with this, as plaintiffs, during |! |the performance of their mandate. ". 15. The following shall be inserted in Article 51: (a) Substitute (a) by the following: "(a) Loss of the quality of the citizen;" (b) Reposition (b), by the following: "(b) Inskill or overliving incompatibility." (c) First subparagraph (c). (d) Replace point (d), by the following, which |! |becomes c): "c) Emotion by serious or notable impediment |! |abandonment of his duties." (e) Subparagraph (e). f) Replace the letter f), which happens to be d), by |! |the following: " d) Renunciation for justified reasons, accepted by |! |the two thirds of the members in exercise of the |! |council. However, the resignation that is motivated by the |! |nomination to another post of popular choice will not |! |require any agreement. "g) Add the following final incisals:" The causals set out in the letters b) and c) |! |shall be declared by the Regional Electoral Court |! |respective, at the request of any alderman of the |! |respective municipality, according to the procedure |! |established in articles 17 and following of the law |! | N ° 18,593. The mayor who considers to be affected by |! |some causal of inability should make it known |! |barely have knowledge of its existence. The cessation |! |in the charge, dealing with these causes, will operate a |! |time executed the sentence that declares its existence. The cessation in the office of mayor will be brought up |! |that of the alderman, owing to the provision |! |of the vacant position, as established in the article |! | 65, previously to the election of the new mayor. No |! However, the mayor will not cease in his capacity as a councillor |! |when he incurs any incompatibility |! |overcomes that I will not affect him in such a quality, so |! |as also in the case provided in the fourth indent of the |! |article 102 of this law. ". 15a. Add the following article 51 bis: " Article 51 bis.-The mayor or councilmember whose |! |right to vote is suspended by any of the |! |causals provided for in Article 16 of the Constitution |! | Politics of the Republic, shall be understood temporarily |! |disabled for the performance of his/her charge, must be |! |replaced, for as long as his incapacity, of |! |conformity to the provisions of Articles 52 and 65. " 16. Replace Article 52, by the following: " Article 52.-The mayor, in case of absence or |! |impediment not exceeding forty-five days, shall be |! |subrogated in his administrative functions by the |! |official in exercise that follows him in order of |! |hierarchy within the municipality, excluding the |! |local police judge. However, after consulting the |! |council, the mayor may designate as a subrogant a |! |official that does not correspond to that order. The subrogation shall not extend to the attribution of |! |convoke and preside the council nor to the representation |! |protocolar of the municipality, which must be exercised in |! |all case by a councilman, according to the willing |! |in article 71. When the mayor is affected a |! |temporary incapacity exceeding forty five days, |! |the council will appoint, from among its members, a mayor |! |alternate, by agreement adopted by the majority |! |absolute of the councilors in exercise in session |! |specially called to the effect. In case of vacancy of the post of mayor, the council |! |must appoint, from among its members, a new |! |mayor to replace him, elected by the majority |! |absolute of the aldermen, according to the rules of the |! |article 102, after having been fill the vacancy of |! |alderman according to the procedure provided in the |! |article 65 of this law. The election will be held in extraordinary session |! |which will be held within ten days of the |! |date on which the vacancy occurred. The |! |municipal secretary will cite the effect to the council with |! |five days in advance at least. The new mayor |! |so elected will remain in office for the time that |! |faltare to complete the respective period, being able to |! |be re-elected. As long as no new mayor is elected, |! |the provisions of the first paragraph shall apply. " 17. Amend Article 53 in the form that a |! below indicates: (a) Intercalase the following point (g): "(g) Grant, renew and terminate permits |! |esses;" (b) Substitute the letter (m), as follows: " m) Convening and presiding over the Council, as well as the |! |communal economic and social council; "c) Eliminate the letter n), passing the current letter n) |! |to be letter n), replacing the guarism" 82 "by |! |" 104 ". 18. Replace Article 54, by the following: " Article 54.-The mayor shall consult the council for |! |effect the designation of delegates referred to in the |! |article 57 and to designate as a surrogate mayor a |! |official other than the one who corresponere according to |! |with the hierarchical order within the municipality. " 19. Amend Article 55 as follows: (a) Replace in your first indent, the expression |! | "council of community development", by "council". (b) To replace point (a), by the following: "a) Approve the communal development plan and the |! |municipal budget, and its modifications, as well as |! |the corresponding investment programmes;" c) In point (d), replace the expression |! | "Set" to "Apply". (d) Replace the letter (j), by the following: "j) dictate municipal ordinances and the rules to |! |referred to in article 25;". (c) Substitute the letter (k), by the following: "k) omitting the tender procedure in the |! |cases of urgent unforeseen circumstances or other circumstances |! |duly qualified, in accordance with the provisions |! |in article 6 of this law, and". f) Replace the letter (l), as follows: "l) Call, on its own initiative, a plebiscite |! |communal, in accordance with the provisions of the Title |! | VI." g) Replace the current final paragraph with the following |! |below, which becomes the penultimate point: " The communal development plan, budget |! |municipal, investment programs and the project of the |! |communal regulatory plan as well as their respective |! |modification is, will be proposed by the mayor. ". h) Add the following final, new:" When approving the budget, the council will ensure |! |that in it the estimated revenues and the |! will be indicated. intended. The council will not be able to increase the |! expense budget presented by the mayor, but |! |only decrease it, and modify its distribution, except |! |regarding expenses established by law or by agreements |! |celebrated by the municipality. " 20. Replace in Article 56 the expression |! | "council of communal development" by the phrase "council and |! |the communal economic and social council". 21. Replace the final sentence of the first paragraph |! |of article 57, by the following: " Such designation |! |may be placed on a municipality official or on |! |citizens who meet the established requirements |! |in Article 60 and are not in the situation envisaged |! |by the second indent of Article 50. '; 22. Replace Title III, by the following: " TITLE III Of The Council |! | Article 58.-In each municipality a council of |! |normative, resolutive and fiscalizing character, in charge |! |to make effective the participation of the local community |! |and exercise the powers of this law. Article 59.-The councils shall be integrated by |! |councillors elected by direct vote by means of a |! |proportional representation system, in accordance |! |with this law. They will last four years in their posts and will be able to |! |be re-elected. Each council will be composed of: a) Six councillors in the communes or groupings of |! |communes of up to seventy thousand electors; b) Eight councillors in the communes or groupings of |! |communes of over seventy thousand and up to one hundred and fifty |! |mil (c) Ten councilors in the communes or groupings of |! |communes of more than one hundred and fifty thousand voters. The number of councillors to choose in each commune or |! |pool of communes, depending on your constituents, will be |! |determined by resolution of the Director of the |! | Electoral Service. For these purposes, it will be considered |! |the current electoral register seven months before the |! |date of the respective election. The resolution of the |! | Director of the Service shall be published in the Official Journal |! | Official within ten days of the term |! |of the reference period of seven months, counted backwards |! |from the date of the election. Article 60.-To be elected as a councillor, it is required to: (a) Be a citizen with the right to vote; b) Know how to read and write; c) Have residency in the region to which the |! |respective commune or group of communes belong, as |! |corresponds, at least for the last two years |! |prior to the election; d) Have your military situation a day, and c) Not be affected any of the inabilities that |! |sets this law. Article 61.-They may not be candidates for councilors: a) State ministers, deputy secretaries, the | ministerial regional secretaries, the mayors, |! |the governors, the regional councilors, the |! |parliamentarians, the members of the Board of the Bank |! | Central and the Comptroller General the Republic; b) The members and officials of the different |! |steps of the Judiciary, as well as those of the |! | Constitutional Court, of the Court of Qualifier of |! | Elections and of the Regional Electoral Courts, |! |the members of the Armed forces, Carabineros e |! | Investigations, and c) Those who by themselves or as representatives of another |! |natural or legal person have contracts or rubberings |! |existing or pending litigation, in quality of |! |plaintiffs, with the respective municipality, to the date |! |of the registration of their candidacies. It will be understood that |! |exists this causal, moreover, with respect to those that are |! |partners or shareholders in more than 25%, in a person |! |legal that is found in some of the situations |! |contemplated in this letter. Article 62.-The charges of councillors shall be |! |incompatible with those of member of the councils |! |economic and social provincial and communal, as well as |! |with the public functions noted in the letters a) and |! |b) of the previous article. They will also be with all |! |employment, function or commission to be performed in the same |! |municipality with the exception of professional charges |! |in education, health or municipal services. (a) Those who during the exercise of such a position are |! |incur in any of the cases referred to in Article 61 (1) (c) (c), and (b) Those who, during their performance, act as a |! |lawyers or any trial class |! |against the respective municipality. Without prejudice to the provisions of this law, |! |the councilors shall not be applicable to the |! |incompatibility set forth in the first paragraph of the |! |article 80 of Law No. 18,834. Article 63.-The councilors shall cease in the exercise |! |of their charges for the following causes: a) psychic or physical disability for the performance |! |of the charge; b) Renunciation for justified reasons, accepted by |! |the council. All in all, the resignation that is motivated by |! |the nomination to another office of popular choice will not |! |will require any agreement; c) Unjustified inattendance at over fifty |! |percent of the ordinary sessions held in a |! |year calendar. (d) Overcome inability, by any of the |! |causals provided for in points (a) and (b) of the article |! |previous; (e) Loss of any of the required requirements for |! |being elected as a councillor. However, the suspension of the |! |right of suffrage will only result in the intraining |! |temporary for the performance of the charge, and f) Incur any of the incompatibilities |! |provided in the first paragraph of the previous article. Article 64.-The grounds established in the |! |letters (a), (c), (d) and (e) and (f) of the preceding article shall be |! |declared by the Regional Electoral Tribunal |! |respective, at the request of any alderman of the |! |respective municipality, in accordance with the procedure |! |established in articles 17 and following of the law |! | N ° 18,593. The alderman who considers himself to be affected by |! |some causal of inability should make it known |! |barely have knowledge of its existence. The cessation |! |in the charge, dealing with these causes, will operate a |! |time executed the sentence that declares its existence. Article 65.-If you pass away or cease in office |! |some councillor during the performance of your term, the |! |vacancy will be provided with the citizen who, having |! |integrated the election list of the councillor causing |! |the vacancy, would have resulted chosen if that list |! |there was another charge. If the alderman who |! |cesare has been elected within a subpact, the |! |priority to replace it will correspond to the candidate |! |that it has been chosen if to that subpact le |! |it has reciprocated another charge. If the above rule is not applicable, the |! |vacancy will be provided by the council, by a majority |! |absolute of its members in exercise, from among the |! |included in a terna proposed by the political party |! |to which it has belonged to the moment of being elected, |! |who has motivated the vacancy. Councillors elected as independents will not be |! |replaced, unless they had postulated by integrating |! |lists. In the latter case, the provisions of the first paragraph of this Article shall apply. The new councilman will remain in office on the |! |term that was missing from the one that originated the vacancy, |! |being able to be re-elected. In no case will they proceed elections |! |complementary. Article 66. The Council shall be responsible for: (a) To elect the mayor when appropriate in accordance with |! |the provisions of Article 102; b) To rule on the matters listed in the |! |article 55 of this law; c) To enforce the implementation of the plans and |! execution of the |! |municipal budget; d) Fiscalize the actions of the mayor, and |! |formulate the observations that deserve it, which |! |must be answered verbally or in writing, |! |being able to put directly in knowledge of the |! | Comptroller General of the Republic your acts or |! |omissions and resolutions that violate the laws and |! |regulations, and report to the courts the facts |! |constitutive of crime, in which that incurriere; e) to rule on the grounds of resignation |! |to the posts of mayor and of alderman; f) Approve the municipal participation in |! |associations, corporations or foundations, in |! |compliance with the provisions of the fourth indent of the |! |article 107 of the Political Constitution; g) Recommend to the mayor priorities in the |! |formulation and execution of specific projects and |! |concrete measures of communal development; (h) Citar or request to report to the agencies or |! |municipal officials when you consider it necessary to |! |rule on the matters of your competition. i) Request to report to the entities they receive |! |municipal contributions; j) Grant their agreement for the assignment and change of |! |denomination of the municipal and national goods of |! |public use under his administration, as well, |! |populations, neighborhoods and housing units of the |! |communal territory, and k) Fiscalize municipal units and services. The above is without prejudice to the other |! |attributions and functions granted to him by law. Article 67.-The council may only approve |! |duly funded budgets, corresponding to |! especially the head of the unit in charge of the |! |control, or the official fulfilling that task, the |! |obligation to represent the Deficit that |! |warn in the municipal budget. For these |! |effects, the council should examine the |! |program of revenue and expenses, introducing the |! |corrective modifications to the place, a |! |proposal of the mayor. If the design I will not be able to give you the representation |! |formulated as provided in the previous paragraph and not |! |you will enter the relevant rectifications, the mayor |! |that you do not propose the corresponding modifications or |! |the councillors who reject them, will be solidarily |! |responsible for the loss party that throws the |! |annual budget execution to December 31 of the |! |year respective There will be public action to claim the |! |compliance with this responsibility. Article 68.-The statement of the council on |! |the matters referred to in point (b) of Article 66 |! |shall be made as follows: (a) The mayor, in the first week of October, shall |! guidelines |! |global of the municipality, the municipal budget and the |! |annual program, with its goals and lines of action. In the |! |global orientations, will include the communal plan of |! |development and its modifications, the policies of |! |municipal services, as well as policies and |! |investment projects. The council will have to decide |! |on all these matters before December 15, |! |after the council consultations are evacuated |! |economic and social communal, when appropriate. b) The plan and modifications of the plan |! |communal regulator will be governed by the procedures |! |specific established by the laws in force. c) In other matters, the statement of the |! |council shall be issued within the period of twenty days, |! |counted from the date on which you are aware of the |! |requirement formulated by the mayor. If the statements of the council do not proceed |! |within the legal terms indicated, it will govern the |! |proposed by the mayor. Article 69.-The council shall be installed ninety days |! |after the date of the respective election, with the |! |attendance of the absolute majority of the councillors |! |declared elected by the Regional Electoral Tribunal |! |competent. The first session will be presided over by the mayor |! |elected or, failing that, by the alderman who has |! |obtained individually greater citizen voting, |! |being drawn in case of a tie. He will act as minister of |! |faith the respective municipal secretary. The municipal secretary will proceed to give reading to the |! |ruling of the Regional Electoral Tribunal that of account of the |! |final result of the election in the commune and |! |will take the councilmen the oath or promise of |! |observe the Constitution and the laws and comply with |! |fidelity the functions of the office. The council, in the constitutive session, will be bound to |! |elect the mayor, where appropriate, in the form |! |established in article 102, and to fix the days and |! |hours of the ordinary sessions. If the installation session will not be performed on the |! |date indicated or the acts |! |indicated in the above paragraph will not be verified, the council must |! |continue sessioning on a daily basis to comply with |! |those objectives. A copy of the minutes of the installation session will be |! |will refer to the respective Regional Government, within the |! |forty-eight hours following the conclusion of the |! |session. Article 70.-The council shall meet in sessions |! |ordinary and extraordinary. Your agreements will be adopted |! |in a legally constituted room. The ordinary sessions will be performed at least two |! |times a month, in business days, and in them it may be |! |any matter that is of competence of the council. The extraordinary sessions will be called by the |! |mayor or by a third, at least, of the councillors |! |in exercise. Only those |! |subjects indicated in the call will be dealt with. Council meetings will be public. The two |! |thirds of the councillors present will be able to agree that |! |certain sessions are secret. Article 71.-In the absence of the mayor, he will preside the |! |session the present councillor who has obtained, |! individually, greater citizen voting in the election |! |respective, as established by the Court |! | Regional Electoral. The municipal secretary or whoever subrogates it, |! |will perform the duties of secretary of the council. Article 72.-The quorum for sesionar shall be the |! |majority of the members in office. Unless the law requires a different quorum, the |! |council agreements will be adopted by the majority |! |absolute of the councilors attending the session |! |respective. If there is a tie, a second vote will be taken. From |! |persist the tie, it will be quoted to a new session, in the |! |that will be voted. If said tie is maintained, |! |it will be up to the mayor to vote to resolve |! |the matter. Article 73.-Every councillor has the right to be |! |fully informed by the mayor or whoever makes his |! |times, of everything related to the march and |! |functioning of the corporation. This right must |! |exercise in a way not to hinder the management |! |municipal. The councillors will be entitled to receive a |! |assignment, for each session they attend, according to |! |the tranches which are then noted: a) A monthly tax unit, in communes or |! |pool of communes of up to thirty thousand inhabitants, |! |not being able to exceed this allocation of four units |! |monthly taxes in the respective calendar month; b) One and a half units Monthly taxes, in |! |communes or pool of communes of more than thirty |! |mil and up to a hundred thousand inhabitants, not being able to exceed |! |this allocation of six monthly tax units |! |in the respective calendar month, and c) Two units Monthly taxes, in the |! |communes or pool of communes of over a hundred thousand |! |inhabitants, no Can exceed these allocations of eight |! |monthly tax units in the respective month |! |calendar. For the purposes of determining the number of |! |inhabitants per commune or group of communes |! |established in the different sections of the paragraph |! |above, the current census shall be considered. The allocation set out in this article will not be |! |taxable. Article 74.-The councilors shall not be |! |applicable the rules governing the officials |! |municipal, except in matters of civil liability and |! |criminal. No municipality councilmember will be able to take |! |party in the discussion and voting on matters in which he or |! |their relatives, up to the fourth degree of consanguinity or |! |second of affinity, be interested, except be |! |try appointment or designations to be borne |! |in the aldermen themselves. It is understood that such an interest exists when your |! |resolution affects the moral or pecuniary to the persons |! |referred. Article 75.-The council shall determine in a |! |rules of procedure the other rules necessary for its |! |functioning, among which shall be established |! especially those that regulate the hearings |! |public. " 23. Introduce the following Title IV, new: " TITLE IV |! | From the Community Economic and Social Council |! | Article 76.-In each municipality there will be a council |! |economic and social communal, composed by representatives |! |of the organized local community. This council will be a |! |organ of consultation of the municipality, which will have for |! |object to ensure the participation of the organizations |! |community of territorial and functional character and of |! |relevant activities and in the economic progress, |! social and cultural of the commune. Article 77.-The economic and social councils |! |communal will be integrated by the mayor who |! |presides and by councillors elected in accordance with the |! |system established in this law, those who will last four |! |years in their posts and will be able to be re-elected. The communal economic and social council will additionally be |! |of the mayor, composed by the following number of |! |counselors. a) Ten members, in the communes or groupings of |! |communes of up to thirty thousand inhabitants. b) Twenty members, in communes or groupings of |! |communes with more than thirty thousand and up to a hundred thousand |! |inhabitants. c) Thirty members, in communes or groupings |! |of communes with over a hundred thousand inhabitants. Article 77 A.-Of the total number of members |! |of each economic and social council, 40% will be chosen |! |by the boards of legally constituted neighbors, a |! | 30% by the functional community organizations and |! |other organizations Community, understanding |! |within these labor organizations when the |! |in the commune, and the remaining 30%, by the |! |representative organizations of activities |! |productive of goods and services. Article 77 B.-For the purposes of this law are |! |shall consider: a) Community organizations of character |! |functional, those with legal personality and without |! |profit, that have as object to represent and |! |promote specific values of the community within the |! |territory of the commune or pool of communes |! |respective. Among these you will be able to consider the |! |institutions of private education, the |! |centers of parents and proxies, the cultural centers and |! |artistic, the centers of mothers, the groups of |! |technology transfer and defense of the medium |! |environment, professional organizations, the |! |private volunteer organizations, clubs |! |sports and recreation, youth organizations |! |and others that promote community participation |! |in their development social and cultural. b) They will have the character of organizations of |! |productive activities of goods and services the |! |entities with legal personality and non-profit |! |that group people dedicated to the exercise of |! |business activities within the comuna o |! |pool of communes, be they mining, agricultural, |! |commercial, industrial, transport and others by the |! |that is paid municipal patent. They will also have this |! |character the companies incorporated in the commune and that |! |have economic and social relevance, the one that will be |! |qualified by the council. c) They will have the quality of labor organizations |! |those of a union character legally constituted and the |! |entities with legal personality and non-profit |! |that they group natural persons who are not employees |! |and that they execute by own primary activities |! |extractives, exempt from the municipal patent payment. Article 77 C.-In each municipality it must be opened |! |a registration of the existing organizations in the |! |commune or grouping of respective communes and of the |! |companies that carry out relevant activities within |! |that territory that, in terms of the provisions in the |! |article 77 A and meeting the requirements stated |! |in the following article, have the right to participate in |! |the election of members of the economic council and |! social communal. Article 77 D.-Registration shall remain open |! |between the ninetieth and thirtieth day before that in |! |that it corresponds to renew by popular choice to the Council |! |of the respective municipality. He will be in charge of the |! |municipal secretary, who for all intents and purposes |! |will have the character of minister of faith. They may only apply for registration in the register |! |the Community organisations which credit: (a) Legal personality in force, and (b) Domicile in the commune or group of communes, |! |with an age of not less than two years from the date of |! |request registration. Natural or legal persons who develop |! |business activities that are considered relevant |! |can only be registered when they credit the compliance |! |of the requirement stated in point (b) of the paragraph |! |above. Article 77 E.-Applications of the |! |natural or legal organizations or persons that do not |! |meet the requirements outlined in the previous article |! |will not be registered. The municipal secretary, within the |! |third business day following the expiration of the deadline |! |noted in the first paragraph of the preceding article, |! |shall publish in a newspaper or newspaper of the major |! |circulation in the province, if any, or, in your |! |defect, from the region, a payroll of the organizations |! |enrolled and from the rejected. In the communes where no |! |significant circulation of regional daily newspapers |! |or provincial, posters will be set up in the venues |! |municipal, public services and community centers. Article 77 F.-Any person may claim from |! |the non-inclusion or improper inclusion of a |! |organization or natural or legal person on the payroll a |! |referred to in the previous article. The complaint |! |must be filed, within five working days |! |following the posting of the payroll, before the |! | corresponding Regional Electoral Tribunal. This must |! |resolve it within the following fifteen business days |! |to the date of your presentation. In case there is more |! |of a claim, the Regional Electoral Tribunal |! |must resolve them jointly and in one act. Article 77 G.-The Municipal Secretary, expired that |! |be the deadline to file a claim without being |! |have formulated any or have filed, |! |notified that is of the judgment of the Court |! | Regional Electoral that the or the Please quote a |! |the organizations and natural persons or |! |registered legal persons, to be constituted in assembly |! |in order to elect the members of the Economic Council and |! | Social that to each one of them corresponds. The citation |! |must expressly point out the day, time and place of the |! |meeting. Assemblies shall be held separately for each of the |! |items mentioned in Article 77 A. Each organization |! |or natural or legal person shall be represented in |! |those by a delegate. The concurrent delegates to the respective assembly |! |stamp will choose, by simple majority, a president |! |of the same, charged with ordering and directing the vote |! |to nominate the representatives to the Council, |! |duly assisted for it by the secretary |! |municipal. The representatives will be elected in a vote |! |direct, secret and unipersonal by the delegates. |! | Will be elected who get the first |! |individual majorities, until you complete the number of |! |counselors to choose for the respective estamento. The |! |immediately following majorities and until you complete a |! |equal number of counselors, will be chosen as |! |alternate counselors, according to the strict order of |! |ranking that determines the number of votes obtained by |! |each. In case of tie of votes, the assignment of the or |! |the respective charges would be directed by lot. You will be able to claim the legality of the procedure |! |electoral before the Regional Electoral Tribunal, within |! |the five working days following the date of |! |held the election, by way of presentation founded. The |! | Regional Electoral Tribunal shall rule on the |! |or claims that are filed, within the |! |fifteen business days following the date of the last |! |claim. Article 77 H. In the event that the |! |term of sixty days referred to in the first paragraph of the |! |article 77 D, has not been entered in the register |! |respective more than two organizations or persons |! |natural or legal perform in |! |relevant activities that meet the enabling requirements or, in |! |your case, the resolutions |! |refusals of the other's registration |! |organizations that have requested it, the Council |! |will proceed to To quote people who, gathering the |! |requirements set out in Article 77 D, are not |! |incorporated in the registry, so that they credit their |! |delegates to the respective assemblies. Article 77 I.-If the rule is not applicable |! |provided in the preceding article or if the |! |organizations are not convoked to the assembly to |! |that they are called, the Council shall declare vacancies the |! |charges not provided. After a year from the date of the declaration of |! |vacancies the Council will call for new registration for |! |the effects of filling the vacant posts. Article 78.-To be a member of the economic council |! |and social will be required. a) Be 18 years of age, with the exception of the |! |representatives of organizations mentioned in law N ° |! | 18.893. b) Have a year of affiliation, at least, to a |! |organization of the estamento, if applicable, in |! |the moment of the election; c) Being Chilean or foreign born in the country, and d) Not having been convicted or being prosecuted for |! |crime that deserves grief. The inability contemplated in the above letter |! |will be without effect after the deadline |! |contemplated in article 105 of the Penal Code, since |! |the fulfillment of the respective penalty. They will be applicable to members of the council |! |economic and social communal the inabilities e |! |incompatibilities that this law contemplates for the |! |members of the councils in article 61 and in the letter |! |b) of article 62. They will also be incompatible with the |! |regional councilors, councilors and councilors |! |provincial. Article 79.-The members shall cease in the exercise |! |of their charges for the following grounds: (a) Renunciation, accepted by the majority of the |! |members-in-office; (b) Unjustified inassistance to more than fifty |! |percent of the sessions held in a year |! |calendary; c) Overcome inability; d) Loss of any of the required requirements for |! |be elected counselor; e) Incur any of the incompatibilities |! |provided for in article 62 of this law, and f) Loss of the quality of the |! |organization they represent. The causes set out in points (b), (c), (d), (e) |! |and (f) precedents, shall be declared by the Court |! | respective Regional Electoral, at the request of |! |any member of the appropriate council, as |! |the procedure established in Articles 17 and |! |following of law N ° 18,593. The counselor I estimate |! |be affected by some causal of inability should |! |make it to know just have knowledge of its |! |existence. The cessation in office, dealing with these |! |causal, will operate once the sentence is executed that |! |declare its existence. Article 80.-If a titular counselor ceases in his |! |charge, he will pass on to the board the respective |! |alternate, for the period he reste to complete the |! |quadriennium that corresponds. Article 81.-The communal economic and social council |! |will have the following functions: a) Give your opinion on the development plan |! |communal, service policies and the annual program |! |action and investment. b) Give your opinion on the annual account of the mayor |! |and the council. c) To consider all the matters that the mayor and |! |the council submit to their consideration. Article 82.-The communal economic and social council |! |may meet on its own initiative to study and |! |discuss general subjects of local interest and raise their |! |opinions to the knowledge of the mayor and council. Article 83.-The members elected to integrate |! |this council will hold a constitutive session, which |! |will kick off the respective quadrilenium, the next day |! |of the one in which the legal period of the |! |members in exercise ends. The communal economic and social council will meet in |! |ordinary and extraordinary sessions. The |! |ordinary sessions will be performed at least every three months and |! |in them any matter related to |! will be dealt with by the functions that this law entrusts to the |! |council. The extraordinary sessions may be |! |called by the mayor or by no less than one third of |! |their members in exercise and in them they will only be able to |! |treat and adopt agreements regarding the matters |! |marked in the call. In both cases, the quorum for sessioning will be that of |! |the majority of the members in exercise. The water rdos |! |will be adopted by the same majority. Article 84.-The communal economic and social council |! |will determine the norms necessary for its operation |! |internal. The sessions shall be public. " 24. Add the following new Title V: " TITLE V of the Municipal Elections |! | Article 85.-For municipal elections, in |! |everything that is not contrary to this law, will govern the |! |provisions of the Constitutional Organic Law on |! | Popular and Scrutiny Votes, Organic Law |! | Constitutional Party Constitutional and Law |! | Constitutional Organics on System of Inscriptions |! | Electoral and Electoral Service. Paragraph 1 ° |! | From the submission of applications. |! | Article 86.-Nominations to councillors only |! |may be declared up to twenty-four hours of the |! |hundredth 20th day before the date of the |! |corresponding election. Such statements may |! |include up to as many candidates as councillors |! |appropriate to choose in the respective commune or pool |! |of communes. Each statement must be accompanied by a testimony |! |jury of the respective candidate, in which he is firm |! |comply with all the requirements required by the |! |articles 60 and 61. This affidavit will be made |! |before notary public of the respective commune or, in its |! |defect, before the Official of the Civil Registry |! |corresponding. The falsehood of any of the facts |! |aseverados in the statement produces the nullity of the |! |statement of candidacy of that candidate and that of |! |all their subsequent legal effects, including their |! |election. If a mayor will run for election as a councillor |! |in his own commune, at the time of declaring his |! |candidacy will be suspended from the exercise of his office |! |by the only ministry of law until the next day |! |to the date of the election, preserving the |! |ownership of your office. In such case, it will replace it |! |during that span, as subrogant, the |! |official in exercise that follows you in order of |! |hierarchy within the municipality, excluded the |! |local police judges. The nomination statements that present a |! |electoral pact and the subcovenants included in the |! |may include candidates from any of the matches |! |that constitute them, regardless of whether it is |! |find legally constituted in the respective |! |region, provided it is in most of the |! |regions of the country and at least one of the matches |! |subscribers of the pact is constituted at level |! |national. Otherwise, the nomination statements will be |! |will be governed by the articles 3 °, 3 ° bis, with the exception of |! |their third, 4th, second and next points, and |! | 5 ° of the Constitutional Organic Law on Votes |! | Populars and Ballots. Article 87.-Political parties participating |! |in an electoral pact will be able to subpact among them from |! |agreement to the rules that on the accumulation of votes of |! |the candidates is established in article 100 of the |! |present law. The independent candidates who participate in a |! |electoral pact will be able to subpact among them, with a |! |subpact of party members of the same or with a |! |party of the pact that is not a member of a subpact of |! |parties. The formalization of an electoral subpact will be |! |applicable, in the relevant, the norms of the incisos |! |fourth and fifth of the article 3 ° bis of the Organic Law |! | Constitutional on Popular Votes and Votes. Article 88.-The declarations of covenants |! |electoral and of the subcovenants to be agreed, as well as |! |the entries to be included must be entered in a |! |only instrument and its delivery, in a |! |only act, will be formalized, before the Director of the Election Service, |! |within the same deadline set in article 86 |! |for the nomination statement. Article 89.-The covenants and subcovenants are |! |individualize only with their name, and each of the |! |political parties subscribers, with their name and |! |symbol, indicating below the names |! |complete of the candidates affiliated to the respective |! |match. In the case of party statements |! |politicians, these will be individualized with their name and |! |symbol. In the case of independents incorporated in a |! |list corresponding to a pact, next to their name is |! |will express their quality of such. The sub-pacts between independents and between these |! |and parties will be individualized as such. Article 90.-The declarations of candidatures |! |independent to councilmember shall be sponsored by |! |a number not less than 0.5% of the electors who have |! |suffragado in the most recent popular vote in the |! |commune or group of communes respective. In any case, among the sponsors will not be |! |will count the corresponding members to |! |political parties that exceed five percent of the |! |minimum percentage that establishes the previous paragraph. The determination of the required minimum number of |! |sponsors will be made by the Director of the Electoral Service |! |by resolution that will be published in the Journal |! | Official with seven months in advance, at least, to |! |the date on which it must be performed the choice. Without prejudice to the provisions of the above, the independents who postulate integrated |! |covenants or subcovenants will not require sponsorship. Article 91.-The sponsorship of candidates |! |independent must subscribe to a notary |! |public of the respective commune, by citizens |! |registered in the electoral registers of the same. In |! |those communes where there is no public notary, |! |will be competent to certify the sponsorship of the official |! |of the Civil Registry of the respective jurisdiction. The same sponsor may not appear in different |! |statements of independent candidates. If this |! |occurs, only the sponsorship that |! |figure in the first statement made to the Service |! | will be valid, and if it will be presented several simultaneously, |! |it will not be valid in any of them the sponsorship that is |! |has repeated. Paragraph 2 ° |! | of the registration of candidates |! | Article 92.-The Regional Director of the Service |! | Electoral, within ten days following that in |! |that the deadline for the declaration of nominations expires, |! |shall, by means of resolution will be published in a |! |daily of the most circulation in the region |! |respective, accept or reject those that you have been |! |declared. The political parties and candidates |! |independents may, within five days |! |following the publication of the said resolution, |! |claim from her before the Regional Electoral Tribunal |! |respective, the one to pronounce within Fifth |! |day. Article 93.-Within three days of the |! |expiration of the time limit to contest the |! |previous article or the court's enforceable ruling |! | Regional Electoral, if any, the Regional Director of the |! | Electoral Service will register the |! |entries in a special register. From this |! |moment, candidates will be considered to have the |! |quality of such for all legal effects. In any case, the Regional Electoral Tribunal shall |! |notify their resolutions to the respective Directors |! | Regional Electoral Service and the sponsors |! |of the claims as soon as the ruling. Paragraph 3 ° Of the envelope of envelopes |! | Article 94.-For the purposes of the scrutiny |! |general and the rating of the elections, |! |referred to in the following paragraph, the secretary of |! |the table receiving the votes shall forward to the President |! |from the Regional Electoral Tribunal the envelope to which it is |! |refer to articles 73 and 74 of the Organic Law |! | Constitutional on Popular Votes and Elections. |! | Also, the secretary of the Electoral Board will transmit |! |the same court the envelopes with the minutes of pictures of |! |the Scrutinizing Colleges that would have worked in their |! |jurisdiction. Paragraph 4 ° Of the general scrutiny and the rating of the elections |! | Article 95.-The general scrutiny and the |! |qualification of the municipal elections will be |! |practiced by the Regional Electoral Courts, |! |they will have, as soon as They are applicable, all the |! |faculties that are granted to the Court of Qualifier of |! | Elections in Titles IV and V of the Organic Law |! | Constitutional on Popular Votes and Elections. The resolutions dictated by the Courts |! | Regional electorals, within the framework of the competition |! |which are conferred upon them by this law, will be appealable |! |for before the Court of the Qualifier of Elections of |! |conformity to the deadline and procedure provided by the |! |article 59 of Law 18,603. Article 96.-To determine the councillors |! |elected, the Regional Electoral Tribunal shall follow |! |the procedure indicated in the following articles. Article 97.-To set the list votes, the |! |court will add the preferences issued in favor of |! |each of the candidates on the same list. Article 98.-To determine the cuociente |! |election, the list votes will be split successively |! |by one, two, three, four, and so on, up to |! |form as many cuocients for each list as councillors |! |appropriate to choose. All these cuocients will be placed |! |in descending order until you have a number of them |! |equal to that of charges for choosing. The cuociente that occupies the |! |last of these places will be the electoral cuociente and |! |will allow to determine how many are the chosen ones in each |! |list by dividing the total votes of the |! |itself by that cuociente. However, in the case of N ° 3 of article 99, the |! |cuociente electoral will become the one that follows in the order |! |degressive as referred to the previous paragraph if the |! |surplus charge is one, or the one that follows, if you force |! |two and so successively, if they are more. Article 99.-To determine the candidates |! |chosen within each list will be observed the |! |following rules: 1) If a list corresponds equal number of |! |aldermen than the submitted candidates, be |! |will proclaim elected to all these. 2) If the number of candidates submitted is greater |! |than the number of councillors who to the list corresponds, it will be |! |will proclaim chosen those who would have obtained the most |! |high individual majorities, unless the list |! |corresponds to a pact If the number of candidates of one or more lists is |! |lower than the number of councillors that has been reciprocated, the |! |cuociente will be replaced in the form indicated in the |! |paragraph second of the preceding article. 4) If, within the same list, a charge |! |correspond with equal right to two or more candidates, |! |will be chosen the one who has obtained the largest |! |number of individual preferences and, in case |! |persist the equality, will proceed by the Court |! | Regional Electoral to the sweepstakes of the office in hearing |! |public. 5) If the last charge to fill corresponds with |! |equal right to two or more lists or candidacies |! |independent, will be chosen the candidate of the |! |list or independent that has obtained greater number of |! |individual preferences and, in If the |! |equality persists, the Electoral Tribunal will proceed |! | Regional to the sweepstakes of the office in public hearing. Article 100.-To determine the candidates |! |chosen in a list in which there are covenants or |! |subcovenants, we will proceed to add the preferences of the |! |candidates included in each of the matches or of |! |the subcovenants, as the case may be. The total votes validly obtained by each |! |match or subpact will be divided by one, two, three, |! |four, and so on, until formed by each one |! |of the matches or supacts as many cuocients as charges |! |corresponds to choose from the list. All of those cuocients will be |! |will order in decreasing form and the one that occupies the ordinal |! |corresponding to the last of the charges to choose by |! |the list will be the cuociente of the matches or subcovenants |! |of it. The total votes of each party or |! |subpact must be divided by such cuociente for |! |determine how many charges will be chosen to the |! |respective party or subpact. If the number of candidates of any Party or |! |subpact is inferior to that of aldermen who |! |corresponere, or if the independent candidate who does not |! |has been integrated into a subpact, get votes |! |enough to elect more than one count, the case |! |applicable will become the one that follows in the order |! |decreasing as referred to in the previous paragraph, if the |! |spare charge is one, or the one that follows, if you force |! |two and so on. Within each party or subpact, the candidates |! |will prefer each other according to the number of votes they |! |have obtained. Article 101.-Lists that include pacts between |! |political parties or subcovenants may include one or more |! |independent candidacies. When an electoral pact |! |includes the nomination of one or more independents, for |! |the effects of determining the charges to be chosen in the |! |list the votes of each independent candidate, that no |! |be part of a subpact, will be considered separated or |! |individually, as if they were from a party |! |political party member of the pact. Article 1010a.-For the purposes of the provisions |! |in the preceding articles, each application or |! |independent candidacy, which is not part of a |! |pact, will be considered as if it were a list and will have |! |the treatment of its own. Article 102.-Will be proclaimed mayor the candidate |! |a councillor who, having obtained individually the |! |greater number of preferences, count at least with the |! |thirty-five percent of the votes validly |! |cast, excluded votes blank and nulls, in |! |the respective election of councillors, provided that |! |integrates the most voted list, as determined by the |! | competent Regional Electoral Tribunal. If the assumptions established in the above |! |paragraph are not met, the council will elect the mayor from |! |its members, in a vote that will be held in its session |! |constitutive and by the absolute majority of the councilors |! |elected. If the majority indicated in the paragraph |! |precedent is not achieved, the council will repeat the vote, |! |circumscribe the two councilors who have obtained the |! |two higher majorities relative in the election |! |done in the council, considering the preferences |! |citizens individually obtained to settle the |! |draws that are produced in both the first and the |! |second relative majority. If a tie is produced on this second ballot, |! |the mayor's office will be exercised for each of the |! |councillors tied, in two subperiods of equal |! |duration. The alderman who belongs to the list that |! |has obtained the largest citizen vote will choose the |! |period to exercise. In any case, the position of mayor can only be |! |exercised in each subperiod by the same councillor. Whatever the form of the mayor's election, |! |his mandate will be irrevocable, without prejudice to the |! |article 51. Article 103.-Within two days of |! |the one in which his ruling is signed, the Tribunal |! | Regional Electoral will send an authorized copy of the |! |relevant part of the same and the complementary act of |! |proclamation, in what is To the respective |! |communes, to the mayor and to the municipal secretary of each |! |one of the municipalities of the province. It will communicate, |! |at the same time, its proclamation to each of the |! |chosen candidates. A full copy of the ruling and its minutes |! |supplementary will also be forwarded by the President |! |of the respective Regional Electoral Tribunal, the Minister |! |of the Interior and the Director of the Electoral Service, with |! |the object of making knowledge of the term of the municipal electoral process. " 25. Enter, in Title IV, of the |! | Communal Plebiscites, which happens to be Title VI, the |! |following modifications: (a) Substitute Article 82, which becomes 104, |! |by the following: " Article 104.-The mayor, with agreement of the council |! |or at the request of the citizens registered in the |! |electoral records of the commune, shall submit to |! |plebiscite the local administration materials |! |relative to specific development investments |! |communal, according to the procedure set in |! |the following articles. ". b) Reposition article 83, which happens to be 105, |! |by the following: " Article 105.-Citizens registered in the |! |electoral registers of the respective commune May |! |require the mayor to carry out a plebiscite |! |on the matters indicated in the preceding article. |! | For such purposes, you must attend with your signature, before |! |notary public or official of the Civil Registry, at least |! |15% of the citizens registered as of December 31 |! |of the year before, with this percentage being credited |! |by certificate issued by the Regional Director |! |of the Electoral Service. "(c) Substitute Article 84, which becomes 106, |! |by the following:" Article 106.-Within the tenth day of the adoption of the |! |agreement of the council or of the officially receptive |! |citizen requirement in the terms of the article |! |previous, the mayor will dictate a decree to summon |! |plebiscite. This decree will be published, within the |! |fifteen days following its dictation, in the Journal |! | Official and in a newspaper of the most circulation in |! |the commune. It will also be broadcast by means of notices |! |fixed at the communal headquarters and in other public places. The decree will contain the questions submitted to |! |plebiscite. In addition, it will indicate the date of its realization, |! |it must be carried out, in any case, not before sixty |! |days nor after ninety days, counted from the |! |publication of that decree in the Official Journal. The results of the plebiscite will be binding for |! |the municipal authority, provided that it votes in the most of the |! | 50% of the citizens registered in the registers |! |electoral of the commune. The electoral inscriptions in the commune |! |respective will be suspended from the day following that |! |in which the decree is published in the Official Journal |! |alkalocio that convoke a plebiscite and will resume |! |from the first working day of the month subsequent to the |! |date when the Qualifier Court of Elections |! |communicates to the Director of the Electoral Service the term |! |of the process of qualification of the plebiscite. In the matter of municipal plebiscites, there will be no |! |place to electoral propaganda by television and will not be |! |applicable the precepts contained in articles 31 |! |and 31a of the Constitutional Organic Law on |! | Popular Votes and (d) Substitute Article 85, which becomes 107, |! |by the following: " Article 107.-In no case may it be held further |! |of a plebiscite in the same province, within the |! |same calendar month. The Regional Director of the Electoral Service |! |will determine with the respective mayors the programming |! |of the plebiscites, so that between one and the other medien, |! |at least, thirty days. " c) Substitute the first paragraph of article 86, |! |that It is now Article 108, as follows: 'No plebiscite may be called within the year which |! shall precede any popular vote.' (f) Substitute Article 87, which shall become 109, |!, as follows: ' Article 109.-The cost of the plebiscites |! |communal will be in charge of the municipality |! |respective. ". g) Add to article 88, which happens to be 110, the |! |next second indent. " In any case, there will be no place for the designation of |! |proxies in the Comu plebiscites. 26. Add the following Title VII, new: " TITLE VII Of The Corporations, Foundations and Municipal Associations Paragraph 1 ° |! | of the municipal corporations and foundations |! | Article 111.-One or more municipalities may |! |constitute or participate in corporations or foundations |! |private, non-profit, intended for the |! |promotion and dissemination of art and culture. These legal persons will be constituted and governed |! |by the rules of Title XXXIII of the First Book of the |! | Civil Code, without prejudice to the provisions |! |special contained in this law. Article 112.-The corporations and foundations to which |! |refers this paragraph may be formed with one or more |! legal persons of private law or with others |! |entities of the public sector. In any case, the municipal creation or participation |! |in these entities must be approved by the council. Article 113.-The charges of directors of the |! |corporations and foundations that constitute the |! |municipalities will not give rise to any emolumento by |! |their performance. Also, among the artistic and cultural purposes |! |that the entity is proposed, in no case will it be |! |will understand the administration and the operation of |! |educational or child care establishments. Article 114.-The municipalities may grant |! |contributions and grants to the corporations and foundations |! |that they are party, without prejudice to the provisions of the |! |article 55, letter g). In no case will the municipalities be able to channel |! |commitments entered into by these entities. Article 115.-The corporations and foundations of |! |municipal participation shall render semestrally |! |account documented to the respective municipalities |! |about their activities and the use of their resources. The |! |above will be without prejudice to the oversight that |! |can exercise the council regarding the use of the contributions |! |or municipal grants. Article 116.-The personnel who work in the |! |municipal corporations and foundations of participation |! |will be governed by the labor and planning norms of the |! |private sector. Article 117.-The Comptroller General of the |! | Republic will supervise these entities, according to |! |the powers conferred on him by article 25 of his law |! |organic. Paragraph 2 ° |! | of the associations of municipalities |! | Article 118.-Two or more municipalities, |! |belong or not to the same province or region, may |! |constitute municipal associations for the effects of |! |facilitate the solution of problems They are common or |! |achieve the best use of the resources |! |available. These associations may have as their object: (a) the attention of common services; (b) the execution of local development works; (c) the strengthening of the instruments of |! |management; (d) the implementation of programmes linked to the |! (c) Training and improvement of the |! |municipal staff, and f) Coordination with national and |! |international institutions, in order to improve the system. |! |municipal. Article 119.-The conventions which hold the |! |municipalities to create municipal associations |! |shall consult, inter alia, the following: a) The specification of the obligations to be assumed |! |the respective associates; b) financial contributions and other resources |! |materials that each municipality will provide to give |! |compliance to the concerted tasks; c) The staff to be made available to the effect, and d) The municipality that will be in charge of the |! |administration and management of the services that are |! |lend or works that are executed. These agreements must be in accordance with the |! |respective councils. Article 120.-The necessary funds for the |! |functioning of the associations, in the party that |! |corresponds to the municipal contribution, will be entered in the |! |respective municipal budgets. The municipalities |! |associates will not be able to entrench or guarantee the |! |financial commitments that the associations will contract |! |and these will not give rise to any action of charging against |! |those. Regarding the staff mentioned in the letter c) of the |! |previous article, do not govern the limitation of time |! |for the commissions of service that is necessary |! |order, when it is municipal personnel. Article 121.-No corporation, foundation or |! |municipal association, created or believed under |! |this or other laws, may contract borrowings. Article 121 bis.-The rules established in the |! |present Title, as well as the rules to which they are |! |refer, shall not apply to the Cultural Corporations |! |dependents of legally constituted Municipalities |! |and in operation to the date of validity of this law, |! |or the entities that they are dependent upon. Said |! | Cultural Corporations and their dependent entities |! |will continue to be governed by the legal norms and |! |regulations that govern them until that date. " 27. Add to Article 91 of the Final Title, which |! |becomes Article 124, the following second indent, |! |new: "However, the time limits of days set in the |! |articles 52, 68, letter c), 69 and 77 D, as well as in the |! | Title V" of the elections ", will be of days |! |corridos.". 28. The current Articles 89, 90 and 92 of the Title |! | Final, become Articles 122, 123 and 125, |! |respectively, without modification. TRANSITIONAL PROVISIONS FIRST.-The first election of councillors to which the provisions of Title V of this Law will take place will take effect on Sunday, 28 June 1992. Registration in the electoral registers shall be suspended after the fifth working day following the publication of this law. SECOND.-Within thirty days of |! |the publication of this law, the municipal secretaries |! |will proceed to open the records for the registration of |! |the organizations that will participate in the elections |! |of the members of the Economic and social councils |! |respective, which will remain open until 31 |! |August 1992. |! | In the first constitution of the councils |! |economic and social communal, will be required to the |! |organizations the one year old requirement, |! |counted backwards from the date of publication of |! |this law. |! | THIRD.-The first economic councils and |! |communal social will be installed within the ninety |! |days following the one in which they assume the councils |! |chosen in accordance with this law. |! | FOURTH.-For the purposes of determining the number of members of the communal economic and social councils, as long as no new census of inhabitants is governed, the census carried out in 1982 will be applied, and in the case of creation of new communes or Transfers of territories carried out after such census shall be considered to be the population indicating the official report issued by the National Statistics Institute. QUINTA.-The President of the Republic will be empowered, for a period of one year from the publication of this law, to incorporate the position of municipal administrator in the plants of those municipalities whose communes choose to create it. It will exercise such power by decree with force of law dictated through the Ministry of the Interior, which must also be signed by the Finance Minister. QUINTA bis.-The career officials of the municipalities whose posts, as a consequence of the application of this law, are to have the quality of exclusive trust, be of the mayor or of this one with agreement of the council, and that they should abandon the The institution for becoming effective the faculty of the authority to remove them, they will be able to continue to perform in a position of extinction attached to the respective municipality, for which this position will be understood created by the only ministry of this law, with equal degree and remuneration. The President of the Republic, by decree issued by the Ministry of the Interior and which will also carry the signature of the Minister of Finance, will identify the position in the respective plant, which will be accessed by the official who exercises the option. These charges shall constitute additional allocation and shall be extinguished in full right at the time of termination of office for any reason. If the official gives up the indicated alternative, he shall cease in office, receiving, from the budget of the respective municipality, an indemnity equivalent to one month of the last remuneration for each year of service in the State administration, with an eight-month ceiling that will be compatible with the eviction, where appropriate, and the retirement in your case. SIXTH.-The first municipal election shall be governed by the rules of this law, with the modifications and caveats indicated in the following transitional provisions. SEVENTH.-For the purposes of determining the number of councillors to be chosen for each commune or group of communes and for determining the minimum number of citizens to sponsor independent candidates, the register shall be considered as The elections in force on 31 August 1991. The Electoral Service will publish the respective resolution in the Official Journal, within ten days of the publication of this law. EIGHTH.-The central directives of the political parties represented by their Presidents and their Secretaries-General, will be understood as qualified to declare candidacies and to enter into electoral pacts or sub-pacts, in accordance with the provisions of the Article 88. In any case, the declaration must be signed by the candidate or by his representative. Independent candidates shall act in themselves or through a representative appointed in particular for the purpose of public writing. NOVENA.-The declarations of candidature for the first municipal election may only be made up to twenty-four hours of the ninetieth day before at choice. Within 10 days of the deadline indicated in the preceding paragraph, the Regional Director of the Electoral Service, by means of a resolution that will be published in a journal of the most circulation in the respective region, will disseminate the the list of candidates to be declared. This publication shall have the effect of registering applications for all legal purposes. On the fifth day following the last publication effected in accordance with the foregoing paragraph, the Director of the Electoral Service shall draw up the drawing referred to in the second paragraph of Article 23 of Law No 18,700. Claims that may be deducted against applications which do not comply with the legal requirements will only be admitted to the procedure for the qualification of these elections. However, the Electoral Service shall not accept the declarations of nominations which are not accompanied by the documents referred to in the second indent of Article 86 and in the first paragraph of Article 91, and in the case of covenants and subcovenants. where the documents accompanying the documents do not satisfy the requirements laid down in Article 3 (a) of the Law 18,700. In the same way, the number of candidates that includes exceeds the number of posts to be provided in the respective commune. If, on the occasion of the complaints received, an application is cancelled, the votes obtained by the applicant shall be deemed null and void. -The first municipal elections to be held after the publication of this law, the affiliation of the candidates belonging to political parties or the non-affiliation of the independent candidates, Article 4 (1) of Law No 18,700 shall be 10 days in advance at the expiry of the time limit for the declaration of applications. The same period of notice must be complied with in accordance with the provisions of Article 9 of Law No 18,700. ELEVENTH.-As long as the councils do not operate, the current community development councils will continue in the performance of the functions conferred on them by the legislation in force. TWELFTH.-The functions, duties and duties which other laws confer on the councils of communal development shall be understood, hereinafter referred to as the councils. THIRTEENTH.-The provisions of Article 121, with respect to the municipal corporations and foundations existing at 31 December 1991, shall be valid for one hundred and eighty days after the publication of this law. Fourteenth.-The President of the Republic should be empowered to establish, within ninety days from the date of publication of this law, the recast of the Constitutional Organic Law of Municipalities. FIFTEENTH.-The time limits laid down in the transitional provisions of this law shall be for days, unless the law stipulates that they are of working days. Having approved by the National Congress the observations made by the President of the Republic and in accordance with the provisions of Article 82 of the Constitution of the Republic of the Republic of the Republic of the Republic of Mexico; effect as Law of the Republic. Santiago, March 17, 1992.-PATRICIO AYLWIN AZOCAR, President of the Republic.-Enrique Krauss Rusque, Minister of the Interior. What I transcribe to you for your knowledge.-Salute to Ud., Gonzalo D. Martner Fanta, Assistant Secretary of the Interior Subrogante. CONSTITUTIONAL COURT Draft law amending Law No. 18,695, Constitutional Organics of Municipalities The Secretary of the Constitutional Court, who subscribes, certifies that the Honorable Chamber of Deputies sent the bill enunciated in the rubric, approved by the National Congress, in order for this Court to exercise control of its constitutionality, and that by judgment of 16 March 1992, it stated: 1. That it is not for this Court to rule on the third, fourth and fifth points of Article 6 (4) of the single article of the draft, for dealing with matters which are not themselves of constitutional organic law but of ordinary law or common. 2. That the following provisions contained in the single article of the draft are unconstitutional and, consequently, must be eliminated: (a) In the N ° 4, the phrase that expresses: "or participate in corporations governed by public law", contained in the Article 6 (1) first subparagraph. (b) In Article 77 (c) (23), the second and third subparagraphs of Article 77 (c), the part which expresses: "and the right to receive the corresponding remuneration", contained in the third indent of Article 86. 3. That Articles 66 and 75, contained in N ° 22 of the single article of the draft, are declared constitutional, in the understanding expressed in recitals 8 and 9 respectively. 4. That the other provisions of the draft law referred to are constitutional. Santiago, March 16, 1992.-Rafael Larraín Cruz, Secretary.