Law 136 of 1994
Official Gazette No. 41377 of June 2, 1994
By establishing rules dictate aimed to modernize the organization and functioning of municipalities. Summary
CONGRESS OF COLOMBIA DECREES
CHAPTER I. GENERAL PRINCIPLES ON THE ORGANIZATION AND OPERATION OF THE MUNICIPALITIES
ARTICLE 1o. DEFINITION. The municipality is the basic territorial entity of the political and administrative division of the state, with political autonomy, fiscal and administrative within the limits that the Constitution and the law and aimed at the general welfare and improving the quality of life of the population on their territory.
. REGIME OF MUNICIPALITIES. The municipal system is defined by the provisions of the Constitution, by the provisions of the law and the following provisions.
A) In terms of the distribution of powers with the Nation and territorial entities and regimes planning and budget, by the relevant organic laws, so in accordance with Articles 288, 342 and 352 of the Constitution Politics;
B) With respect to the institutions and mechanisms for citizen participation at the municipal level, by the provisions of the relevant statutory law, in accordance with the provisions in Articles 103 and 152 of the Constitution;
C) With respect to its internal and external indebtedness, and subject to the borrowing capacity of the municipality, in accordance with the law and in accordance with paragraph a) of paragraph 19 of article 150 of the Constitution;
As regards wage and social benefits of public employees regimes, by general regulations established by the Congress and the provisions developing them; issued by the Government, the officers employed the existing rules of collective bargaining and minimum social benefits scheme enacted by the Congress in accordance with the provisions of paragraphs e) and f) of paragraph 19 of article 150 of the Constitution.
D) In relation to resource allocation schemes between the national government and the municipalities, they own tributes, public services office, staff, contractual arrangements and internal and electoral control, be subject to special regulations issued on these matters in accordance with the provisions, among others, by articles 125 and transitory 21, 152 literal c), 269, 313 paragraph 4, 356, 357, 365 and transitory 48 of the Constitution .
ARTICLE 3. FUNCTIONS OF MUNICIPALITIES. It corresponds to the municipality:
1. Manage municipal affairs and provide public services specified by law.
2. Elaborate municipal development plans, in accordance with departmental development plan, the life plans of territories and indigenous reservations, incorporating the views of ethnic minorities, community organizations and vulnerable population groups in their territory taking into account the criteria and instruments defined by the Planning Unit of rural land and Agricultural uses -UPRA-, for the management and efficient use of rural land, rural development programs with a territorial approach, and in harmony with the Plan national Development, according to the organic law of matter.
Municipal development plans should include strategies and policies to respect and guarantee human rights and international humanitarian law;
3. Promote the development of its territory and build projects required the municipal progress. To the above should be considered include: the life plans of indigenous peoples and communities and community development plans that have the respective community action agencies.
4. Develop and implement comprehensive plans for public safety, in coordination with local police authorities and promote coexistence among its inhabitants.
5. Promote community participation, the culture of human rights and social and cultural improvement of its people. The promotion of culture will be a priority of municipalities and public resources invested in cultural activities will, for all legal purposes, the character of public social expenditure in accordance with article 1, paragraph 8 of Law 397 of 1997 || | 6. Promote public-private partnerships and synergies that contribute to economic, social and environmental development of the municipality and the region, by using the integration mechanisms provided in the law.
7. Seek the solution of the unmet basic needs of the inhabitants of the municipality, whatever their competence, with special emphasis on children, girls, adolescents, women heads of household, persons seniors, people in disability status and other subjects of special constitutional protection.
8. In partnership with the departments and the nation, to contribute to the effective enjoyment of the rights of victims of forced displacement, taking into account the principles of coordination, competition, complementarity, subsidiarity and legal regulations.
9. Formulate and adopt land use plans, regulating specifically land use in urban areas, expansion and rural, in accordance with the laws and taking into account the instruments defined by the UPRA for the management and efficient use of rural soil. Optimize the use of available land and coordinate sectoral plans in harmony with national policies and departmental and metropolitan plans. Land Management Plans will be submitted for review to the Municipal or District Council every 12 years.
10. Ensure the proper management of natural resources and the environment, in accordance with the Constitution and the law.
11. Promote economic and social improvement of the inhabitants of the respective municipality, promoting national industry, trade and domestic consumption in their territories in accordance with current legislation for these matters.
12. Encourage and promote tourism, in coordination with the National Policy.
13. Border municipalities may conclude agreements with neighboring territorial entities of the same level and neighboring countries to promote coexistence and citizen security, economic development and community, providing public services and environmental preservation.
14. Authorize and approve, according to the availability of public services, housing development programs performing the functions of monitoring required.
15. Incorporate the use of new technologies, renewable energy, recycling and clean production in municipal development plans.
16. In accordance with the provisions of Article 355 of the Constitution, municipalities and districts may enter into solidarity agreements with: the councils, authorities and indigenous organizations, agencies community action and other civil organizations and residents associations in the territory to joint development of programs and activities established by Law to municipalities and districts, in line with their development plans.
17. Develop annual plans and programs to strengthen, with the corresponding budgetary involvement of the councils, authorities and indigenous organizations, community action, civil organizations and residents associations in the territory. This should be built in concert with these organizations and taking into account their needs and guidelines of the respective development plans.
18. Enter into use of public goods and / or community usufruct with the councils, authorities and indigenous organizations and community action agencies and other community organizations.
19. Ensure the provision of drinking water and basic sanitation to the inhabitants of the jurisdiction in accordance with current regulations regarding public services.
20. Running the School Feeding Program with its own resources and from the Department and the Nation, who may make the technical support, according to their skills.
21. Publish accountability reports on the respective website of the municipality.
22. Others that the Constitution and the law.
23. In terms of roads, municipalities will be responsible for the construction and maintenance of urban and rural roads municipal range. They will continue in charge of the Nation, urban roads that are part of the national highways, and the Department which are departmental. PARAGRAPH 1.
. Policies, plans, programs and projects destined to strengthening the councils, authorities and indigenous organizations and community action agencies will be developed in consultation with them. PARAGRAPH 2.
. In parks and public green areas given as a loan or any other form of administration to an individual, it may not establish any charge for access to it, except in cases where public shows are made.
. CONVENTIONS SOLIDARIOS. Understood by solidarity agreements complementing institutional, community, economic and social construction works and the satisfaction of needs and aspirations of the communities efforts.
PARÁGRAFO 4o. It authorizes the regional authorities of the departmental and municipal solidarity to celebrate agreements directly with community action in order to carry out works up to the minimum amount. For the execution of these must contract with the people of the community. Effective Jurisprudence
The community action agency must be previously legalized and recognized by the competent bodies. Effective Notes
ARTICLE 4. GUIDING PRINCIPLES FOR THE YEAR COMPETITION. The municipalities exercise the powers conferred upon them by the Constitution and the law according to the principles outlined in organic land use law and the law of distribution of resources and expertise implementing Article 356 of the Constitution, and in particular subject the following principles:
a) Coordination. The municipal authorities, when exercising its powers and responsibilities must reconcile their performance with that of other state agencies at different levels.
B) Concurrence. Municipalities and other government agencies at different levels have common competences on the same subject, which must exercise in order to achieve the purpose for which emerged the same.
The powers of the different organs of local authorities and national level are not mutually exclusive but coexist and are dependent on each other to achieve the end state.
The competent authorities for the fulfillment of the function or the service must make agreements or use any of the forms of association under the organic law of land use planning to avoid duplication and make administrative activity more efficient and economical. Municipalities special category first may assume jurisdiction if they demonstrate the institutional capacity for the effect set the corresponding entity. National regulatory authorities may transfer the powers, the inspection and supervision to local authorities.
C) Subsidiarity. The Nation, territorial entities and territorial integration support schemes as temporary and partial entities of lower economic and social development, in the exercise of its powers when exercising their inability to adequately proven.
D) Complementarity. To complement or improve the provision of services in charge and the development of local projects, municipalities can make use of mechanisms of partnership, co-financing and / or agreements;
E) Efficiency. The municipalities ensure that the use of public resources and the investments made in its territory produce the greatest social, economic and environmental benefits;
F) Accountability and transparency. The municipalities assume the powers in charge of providing the necessary financial resources without compromising the sustainability of their territorial entity, ensuring transparent management.
In development of this principle, promote the municipal authorities control the actions of the Administration, by the citizens, through exercises that involve them in the planning, execution and final accountability as a principle of responsibility political and administrative public affairs, in order to prevent the occurrence of corruption related to budget execution and government procurement, in compliance with special legislation to be issued in the matter.
G) Participation. The municipal authorities ensure access of citizens to the public through consultation and cooperation to take an active part in decisions affecting the exercise of their political rights and freedoms, in accordance with the principles of participatory democracy, linking actively in these processes individuals, civic organizations, residents associations sector and community action groups. Effective Notes
The 5th ITEM. GUIDING PRINCIPLES OF MUNICIPAL ADMINISTRATION. The organization and functioning of municipalities conducted in accordance with the principles governing the administrative function and regulate the conduct of public servants, especially; subject to the principles of effectiveness, efficiency, publicity and transparency, morality, responsibility and fairness, according to the following criteria:
A) EFFECTIVENESS. Municipalities determine clearly the mission, purpose and goals of each of its departments or agencies; will define the citizen as the heart of its activities within a focus of excellence in providing its services and establish rigorous systems of control results and evaluation of programs and projects;
B) EFFICIENCY. Municipalities should optimize the use of financial, human and technical resources, define a rational administrative organization that can fulfill adequately the functions and services responsible, to develop appropriate information, evaluation and control of results, and take advantage of comparative advantages offered by other entities or organizations, public or private.
In development of this principle strictly necessary procedures and steps will be established to ensure compliance with the functions and services by the municipality, avoid delays that slow the process and the completion of the administrative proceedings or prejudice the interests of the municipality;
C) ADVERTISING AND TRANSPARENCY. The acts of the municipal administration are public and it is obliged to facilitate access of citizens to their knowledge and control, in accordance with the law;
D) MORALITY. The actions of municipal public servants must abide by the law and ethics own exercise of public functions;
E) LIABILITY. The responsibility for compliance with the functions and powers established in the Constitution and this Act shall be the respective municipal authorities in their competence. His performances may not lead to the misuse or abuse of power and exercised for the purposes of the law. The anti-juridical omissions of their actions will lead to any damage caused and to repeat against the officials responsible for them;
F) FAIRNESS. The actions of the authorities and, in general, of municipal and district public servants are governed by the Constitution and the law, ensuring and guaranteeing the rights of all people without any kind of discrimination.
G) Sustainability. The municipality as a territorial entity in competition with the nation and the department will seek appropriate living conditions of its population. To do so will take actions to improve environmental sustainability and social equity; promoting equitable access of the inhabitants of its territory to beneficial opportunities and development; seeking to reduce imbalances; with emphasis on rural and promote the conservation of biodiversity and ecosystem services. Effective Notes
H) associativity. The municipal authorities, in order to achieve goals of economic and territorial development, will foster partnerships between local authorities and bodies of territorial integration to produce economies of scale, synergies and competitive alliances. Likewise, promote the conclusion of contracts plan and public-private partnerships for rural development; Effective Notes
I) Economy and Good Governance. The municipality will seek to ensure their economic and fiscal self-sustainability, and should propender for the professionalization of administration, for which promote partnership schemes that prioritize expenditure reduction and good governance in its establishment and operation. Effective Notes
ARTICLE 6o. RATING OF DISTRICTS AND MUNICIPALITIES. Districts and municipalities are classified serving its population, current income free destination, economic importance and geographical location. For purposes of the provisions of the law and other regulations have expressly stated, the categories are as follows:
I. FIRST GROUP (BIG CITIES):
1. SPECIAL CATEGORY
Population: Greater than or equal to five hundred thousand and one (500,001) inhabitants.
Current annual income free destination: exceeding four hundred thousand (400,000) legal minimum monthly wages.
Economic importance: Grade One.
2. FIRST CATEGORY
Population: between one hundred thousand and one (100,001) and five hundred thousand (500,000) inhabitants.
Current annual income free destination: exceeding one hundred thousand (100,000) and up to four hundred thousand (400,000) legal minimum monthly wages.
Economic importance: Grade Two.
II. SECOND GROUP (INTERMEDIATE MUNICIPALITIES)
3. SECOND CATEGORY
Population: With population between fifty thousand and one (50,001) and one hundred thousand (100,000) inhabitants.
Current annual income free destination: Higher than fifty thousand (50,000) and up to one hundred thousand (100,000) legal minimum monthly wages.
Economic importance: grade three.
4. THIRD CATEGORY
Population: With population between thirty thousand and one (30,001) and fifty mii (50,000) inhabitants.
Current annual income free destination: Higher thirty thousand (30,000) and up to fifty thousand (50,000) minimum monthly wages.
Economic Importance: Level Four.
5. FOURTH CATEGORY
Population: With population between twenty thousand and one (20,001) and thirty mii (30,000) inhabitants.
Current annual income free destination: Higher than twenty mii (25,000) and up to thirty thousand (30,000) minimum monthly wages.
Economic importance: grade five.
III. THIRD GROUP (BASIC MUNICIPALITIES)
6. FIFTH CATEGORY
Population: population between ten thousand and one (10,001) and twenty thousand (20,000) Current income people
annual free destination: Higher than fifteen thousand (15,000) and up to twenty five thousand (25,000) statutory minimum wages monthly.
Economic importance: Grade six.
7. SIXTH CATEGORY
Population: Population exceeding ten thousand (10,000).
Current annual income free destination: not exceeding fifteen thousand (15,000) minimum monthly wages.
Economic Importance seventh grade. PARAGRAPH 1.
. The municipalities according to their population should be classified in a particular category, but exceed the amount of current annual income free destination mentioned in this article for it to be classified in the next higher category.
The municipalities whose population belongs to a particular category, but whose current annual income free destination not reach the amount mentioned in this article for the same, they shall be classified in the corresponding annual current income free destination category. PARAGRAPH 2.
. It is understood by the relative economic importance weight represents the gross domestic product of each of the municipalities within their department. The National Administrative Department of Statistics, DANE, will be responsible for calculating this indicator. PARAGRAPH 3.
. Without prejudice to the appropriate category according to the criteria outlined in this article, when a district or municipality allocated to operating expenses which exceed the limits established by law will be reclassified in the next lower percentages.
No municipality may increase or decrease more than two categories from one year to the next.
PARÁGRAFO 4o. The mayors determined annually by decree issued before thirty-one (31) October, the category in which qualified for the following year, the respective district or municipality is located.
To determine the category, the decree will be based on the certificates issued by the Comptroller General of the Republic on current income free destination actually collected in the previous period and the percentage ratio between operating expenses and current income free destination of the immediately previous period, and certification issued by the National Administrative Department of Statistics, DANE population for the previous year and the indicator of economic importance.
The National Administrative Department of Statistics, DANE, and the Comptroller General of the Republic sent to Mayor certification referred to in this Article, not later than thirty-one (31) July each year, || | If the mayor does not issue the respective decree in the period specified in this paragraph, this categorization will be determined by the Accountant General's Office in November.
The monthly minimum wage as a basis for conversion of income, be that of the same year of the term of current income free destination identified in this article.
PARÁGRAFO 5O. The municipalities of border than seventy thousand (70,000) inhabitants, for its strategic status, population be classified at least in the fourth category, and in any case the operating costs of those municipalities may exceed eighty percent of your current income free destination.
PARÁGRAFO 6o. The municipalities belonging to each of the groups set out in this article, will have different arrangements in their organization, governance and administration. The rate for each category will be developed by the law for the purpose by the Congress within a period of two years from the entry into force of this law. Special committees of territorial planning of Congress will have active participation in the training process.
PARÁGRAFO the 7th. The exercise of the powers and functions will be voluntary within the framework and limits set by law, according to its fiscal and administrative capacities and in the context of the conclusion of contracts plan. Effective Notes
ARTICLE 7. APPLICATION CATEGORIES. The categories mentioned in the previous article shall apply to the aspects provided in this Act and the rules that have expressly.
REQUIREMENTS FOR THE CREATION OF MUNICIPALITIES
Article 8. REQUIREMENTS.
For a portion of the territory of a department can be erected in municipality it needs the following conditions:
1. The area of the municipality has proposed identity, served the natural, social, economic and cultural characteristics.
2. It must have at least twenty-five thousand (25,000) inhabitants and the municipality or municipalities which are intended segregating population does not decrease below this limit, as certified by National Administrative Department of Statistics (DANE). Effective Notes
3. Ensure that the municipality proposed, at least, current income free equal annual destination to twelve thousand (12,000) monthly minimum wages for a period of not less than four (4) years; precertification under the Ministry of Finance and Public Credit. Effective Notes
4. Prior to the submission of the draft ordinance by which a municipality is believed the departmental authority planning, according to the methodology developed by the National Planning Department should develop the respective study on the economic and social desirability of initiative and viability of the new entity, considering its economic potential, infrastructure and identification as development area. Based on this study, the departmental planning body shall issue concept on the feasibility of creating or not the municipality, it must rule on the appropriateness of the measure to the municipality or municipalities in which segregate the new.
In any case a municipality wrenching more than a third of the territory of the municipality or municipalities in which it secretes can be created. Prior to the enactment of the ordinance creating the municipality is, the Administrative Court prior automatic exercise control over the legality of it. If the project is not situated adjusted to the law may not be punished. PARAGRAPH 1.
. The respective draft ordinance will be presented at the initiative of the Governor, members of the Departmental Assembly or by popular initiative, in accordance with the law. However, the Governor is obliged to present when through popular consultation so decided by the majority of citizens residing in the respective territory, likewise the ordinance issued by the respective assembly shall establish the assets and liabilities that are inherent in the new municipality, as the municipality of which this split.
When there are not preceded the referendum to approve the ordinance creating a new municipality, once this is issued will be subject to a referendum involving citizens of the respective territory. The referendum must take place in a maximum period of six (6) months from the date of enactment of the ordinance. If the draft ordinance falls refused, it shall be closed and a new initiative in the same direction only two (2) years may be submitted. Effective Notes
. DANE keep a record of the municipalities that are created. To this end, the Governor of the respective department is stocked once the process of creating a municipality, submit a copy of the ordinance and its attachments to DANE and the Ministry of Interior. Effective Notes
. As for the minimum number of people referred to in the second paragraph of this article, this will grow annually at the rate of population growth the previous year certified by the DANE. Effective Notes
Article 9. EXCEPTION. Without fulfilling the requirements established in the preceding article, the departmental assemblies may create municipalities when, prior to the submission of the ordinance, the President of the Republic considers its establishment for reasons of national defense.
They may also raise the departmental assemblies municipalities without meeting the general requirements the districts created by the National Government before 1991 that are located in the border areas provided they are not part of any municipality, prior approval the President of the Republic.
The councilors of the municipalities thus created will not receive fees for attending meetings. Effective Notes
Previous legislation ARTICLE 10.
equitable distribution. The distribution of investment resources within the territory of the municipalities and districts must be done in strict compliance with the criteria of equity, population and unmet basic needs, by applying processes of strategic long-term planning aimed at overcoming rates urban-rural poverty and strengthening local prosperity upon observance of regional and population characteristics of each entity. Effective Notes
ARTICLE 11. EXCEPTION. The creations of municipalities approved by the departmental assemblies before December 31, 1990, are valid in accordance with Article 40 of the Constitution transitory.
Similarly, the creations of municipalities approved by the departmental assemblies, between December 31, 1990 and December 1, 1993, are valid as long as they have not declared invalid by the courts, by final judgment.
ARTICLE 12. NATIONAL PARKS. Hereby declared national parks mangroves of San Andrés and Providencia.
ARTICLE 13. PARTICIPATION IN THE CURRENT NEW MUNICIPALITIES OF INCOME NATION. In the distribution of current revenues of the Nation, for the following fiscal year, will be considered validly municipalities and reported to the National Planning Department created until June 30 immediately preceding year.
The Governor of the Department on the same day to sanction the ordinance available to the creation of a municipality order to communicate the fact to the Ministry of Finance in order that in turns to be made for subsequent two-month periods of the current year by way of shares in the current revenues of the Nation, we note that for the new municipality in Law 60 of 1993. Effective Jurisprudence
INTERMUNICIPAL ARTICLE 14. AMENDMENT OF LIMITS. When two or more municipalities in the same department maintain territorial dispute not exist between them defined limits or present problems of identity, addressed their natural, social, economic or cultural characteristics, the departmental assemblies by ordinance, may modify or clarify the inter respective limits for which the requirements and conditions shall be satisfied.
1. The respective draft ordinance will be presented at the initiative of the Governor or of the same members of the Departmental Assembly. However, the Governor is obliged to present it upon decision, by referendum, most citizens residing in the territory in conflict.
2. If not there exists an referendum Governor shall convene Department for citizens residing in the territory in conflict express their majority will for the corresponding annexation.
3. The annexation of a territorial area of a municipality to another will not affect the category of municipality where she secretes, or mengüarle to it minimum requirements for in Article 8 of this Act for the creation of municipalities.
4. The corresponding office Departmental Planning held in the respective area of intercommunal conflict a historical and technical research in order to verify and certify by documented study written and definitely in the territory in conflict areas and blurring of boundaries or identity problems occur natural, social, cultural or economic advisable to make the annexation and subsequent aggregation of territorial areas.
PARÁGRAFO. Both the popular consultation provided in paragraph 2o., Of this article, as the study to which it refers the 4th paragraph., This article must be added to the preamble of the respective draft ordinance. Editor's Notes
ARTICLE 15. ATTACHMENTS. The draft ordinance for the creation of a municipality be presented accompanied by an explanatory memorandum included as annexes studies, certifications, the concept issued by the Office of Departmental Planning, the preliminary map of the municipality to be created and other documents certifying compliance with the requirements of the law. Effective Notes
ARTICLE 16. CONTENTS OF THE ORDINANCE. The ordinance to create a municipality shall also:
1. Determine the limits of the new municipality.
2. Indicate which is the county seat for all legal and administrative purposes and relate the territorial fractions in it.
3. Determine how the new municipality must go to pay the remaining debt by the municipality or municipalities which are segregated.
4. Appropriating the necessary resources that requires the operation of departmental offices that are required in the new municipality.
PARÁGRAFO. Once up and running the new municipality to its delimitation, demarcation and preparation and publication of the official map will proceed.
ARTICLE 17. TECHNICAL ASSISTANCE. The department shall design and implement a special program of technical assistance to the new municipality, with particular emphasis on aspects of participation, administrative organization and fiscal, budget and planning.
This obligation will be extended also to other municipalities in the department if any place it.
ARTICLE 18. DESIGNATION OF AUTHORITIES. Once published the ordinance that creates a new municipality, the Governor by decree, appoint acting mayor and in the same act cited no less than three (3) months prior to election of councilors and mayor, provided that more than a year missing for the general election of local authorities in the country. Effective Jurisprudence
In that Decree they shall be indicated by one-time installation dates of the Municipal Council and possession popularly elected mayor.
ARTICLE 19. TRANSFER OF MUNICIPAL HEADER. Departmental Assemblies, on the initiative of the Governor and the prior departmental planning agency may move the heads of municipalities to other locations within the territory where serious grounds of public calamity so advise or such other places have acquired greater demographic and economic importance.
ARTICLE 20. FINANCIAL VIABILITY OF THE MUNICIPALITIES AND DISTRICTS. Breached the limits set in Articles 6. and 10 of this Act, the municipality or respective district advance, during a fiscal period, a sanitation program aimed at obtaining, at the earliest, authorized percentages. This program should define precise performance targets, being able to contemplate hiring in the preceding article or scheme association of municipalities or districts dealing Articles 148 and following of Law 136 of 1994, inter alia concerns.
If at the end of the sanitation program the municipality or district has failed to comply with the limits laid down in this law, the Office of Planning Department or the body that replaces it, shall submit to the Governor and the Assembly a report on the financial situation of the municipality or district, so that the latter, order the adoption of a new adjustment plan that includes, among other instruments, contracting for the previous article and partnership with other municipalities or districts referred for the provision of services in charge, the execution of works or the performance of their administrative functions.
After the deadline stipulated by the departmental assembly for carrying out the adjustment plan, which may not exceed two consecutive fiscal years, and if the municipality or district has failed to reach the spending limits set out in this law , the departmental assembly, at the initiative of the Governor, determine the merger of the respective municipality or district.
In deciding the merger, the respective ordinance clearly express what district, municipality or municipalities bordering the territory of the merged entity is added, and the distribution of assets, liabilities and contingencies of such municipalities or districts, taking into account, inter alia, the way it is distributed to the population, location and destination of the assets and liabilities of origin.
In the event that the merger of the municipality or district is decreed, the resources of municipal participation in the current revenue of the nation by turning pending, shall be allocated to the district, municipality or municipalities to which the territory is added in proportion to the population absorbs each.
Departmental offices Planning presented for consideration by the respective assembly on the first day of regular sessions, a report that shelters to all districts and municipalities in the department and from which the relevance of adopting the measures be evaluated to this Article. Effective Notes
Municipal councils ARTICLE 21.
municipal councils. In each municipality there will be an administrative body, whose members are popularly elected for periods of three (3) years, and to be called the City Council, consisting of not less than seven (7) nor more than twenty (21) members. Editor's Notes
ARTICLE 22. COMPOSITION. Municipal Councils shall consist of the following number of councilors. The municipalities whose population does not exceed five thousand (5,000) people, will elect seven (7); those with five thousand one (5001) to ten thousand (10,000), will choose nine (9); those having ten thousand one (10,001) to twenty thousand (20,000), will choose eleven (11); those with twenty thousand one (20,001) to fifty thousand (50,000) elect thirteen (13); the fifty thousand one (50,001), up to one hundred thousand (100,000) elect fifteen (15); those of one hundred thousand and one (100,001) to two hundred fifty thousand (250,000), elect seventeen (17); Ios of two hundred and fifty thousand and one (250,001) to one million (1,000,000), choose nineteen (19); the one one million (1,000,001) on, choose twenty (21).
PARÁGRAFO. The National Civil Registry shall be responsible for determining and timely publication of the number of councilors to choose from each municipality.
ARTICLE 23. SESSION. The councils of municipalities classified in special categories, First and Second, in session ordinarily in the county seat and the venue officially designated for that purpose in its own right and no more than once a day, six months a year, in ordinary and sessions:
a) the first period is in the first year of meetings, from 2 January following their election, the last day of February of the respective year.
The second and third year session will first period as the period from the first of March and 30 April;
B) The second period will be the first of June to the last day of July;
C) The third period will be the first of October to 30 November, with the primary objective to study and approve or disapprove the municipal budget.
The councils of municipalities classified in other categories, usually in session in the municipal head and the enclosure officially designated for that purpose in its own right, four months a year and more than once (1) per day as well: february , May, August and November.
If for any reason the council could not meet ordinarily on the dates indicated, they will as soon as possible, within the period allowed. PARAGRAPH 1.
. Each regular period may be extended for ten more calendar days, at the discretion of the respective Council. PARAGRAPH 2.
. Mayors may summon extraordinary sessions at different times, to deal exclusively with matters submitted for consideration. PARAGRAPH 3.
. When the President of the Corporation, by reasoned decision declare that for reasons of public policy, intimidation or threat, it is not possible for some members of the Municipal and District Councils attend its usual venue, they may participate in the sessions of non-contact manner .
To this end, Council members may deliberate and decide for simultaneous or successive communication, using the effect of technological advances in telecommunications such as fax, telephone, teleconferencing, videoconferencing, Internet, virtual conference and all media they are within reach of Aldermen.
If there standing committees, they may advance sessions on the same terms set out in this article.
The same means may be used in order to listen to those who wish to perform oral or written statements on facts or issues that need to be discussed, or may provide information or useful criteria for decisions of the Municipal and District Councils.
The National Government will regulate the matter.
Each Council shall issue an administrative act specifying the requirements to be met for the use of these media. The ombudsman will serve as supplier and verify the proportional use, justified and appropriate technological means. Administrative acts to authorize the attendance of any council sessions distnace way, shall be submitted to personero within two (2) days after dispatch. Effective Notes
ARTICLE 24. DISCLAIMER OF MEETINGS. Any meeting of Council members that in order to exercise own corporate functions, takes place outside the legal or regulatory conditions, is void and all acts performed may not be given effect, and those involved in the discussions will be punished under the laws. Effective Notes
ARTICLE 25. COMMISSIONS. The councils integrated standing committees responsible to report its first debate on the draft agreement, according to the affairs or business that they know and content of the project according to its own rules. If such fees are not there Were created or integrated reports Unintentional surrender by committees which the Board name for this purpose.
All council should be part of a permanent commission and in no case may belong to two or more standing committees.
ARTICLE 26. MINUTES. Sessions of the Councils and their standing committees, the Secretary of the Corporation keep minutes that contain a concise statement of the issues discussed, the persons involved, to read messages, the proposals presented, the committees appointed, the result of voting and decisions taken.
Open Session, the President shall submit to discussion and approval prior reading if members of the Corporation consider it necessary, the minutes of the previous session. However the Act must first be brought to the attention of the members of the Corporation, either by publication in the Gazette of the Council, or by the means available in the municipality for this purpose.
PARÁGRAFO. Each council will have the necessary mechanisms to ensure that all meeting minutes duly published in electronic and / or physical, accessible to the entire population. Effective Notes
ARTICLE 27. ADVERTISING COUNCIL ACTS. Councils must publish their actions through the media they see fit, as long as they ensure the effectiveness of its community outreach. Effective Notes
boards. The Board of Councils shall consist of a Chairperson and two Vice-Presidents, elected separately for a period of one year.
The parties or declaring themselves in opposition to the mayor, will participate in the First Vice Chair of the Council. Effective Notes
No council member may be reappointed for two consecutive periods in the respective board.
ARTICLE 29. QUORUM. Councils and their committees may not open sessions and deliberate with less than a quarter of its members. Decisions can only be taken with the support of most members of the respective corporation, unless the Constitution determines a different quorum.
ARTICLE 30. MAJORITY. In the councils and their standing committees, decisions are taken by majority vote of those present unless the Constitution expressly requires a special majority. Effective Jurisprudence
ARTICLE 31. REGULATION. The council issued an internal regulation for operation in which include, among others, the rules relating to fees, the performance of councilors and the validity of the calls and meetings.
ARTICLE 32. POWERS. In addition to the duties as outlined in the Constitution and the law, powers of the councils are the following.
1. Having regard to the police in its various branches, without violating the laws and ordinances or decrees of the Government or the respective Governor.
2. Require written reports or summon the secretaries of the Mayor, directors of administrative departments or decentralized entities of the municipal order, the comptroller and ombudsman, as well as any municipal official, except the mayor, to make oral statements on matters related to running of the municipality.
Municipal councils will also invite the various officials of the Departmental Order, as well as the legal representatives of the decentralized agencies and public institutions at the national, based in the respective department or municipality, in relation to issues local interest.
3. Regulate the authorization to hire the mayor, noting cases requiring prior approval of the Council. Effective Jurisprudence
4. Authorize the mayor to delegate to his subordinates or some local administrative boards other than those provided by this law administrative functions.
5. Determine the naming of public roads and land or homes.
6. Establish, reform or eliminate taxes, taxes, taxes and surcharges in accordance with the law.
7. To ensure the preservation and protection of cultural heritage.
8. Arrange the comptroller and personality and dictate the rules necessary for its operation.
9. Dictate budget rules and issue annual budget of revenues and expenditures, which must correspond to the municipal or district development plan, taking special care with the development plans of the agencies of community action defined in the participatory budget and in accordance with organic standards planning.
10. Set a category intended for training personnel providing service in the municipal administration.
11. Ensure the strengthening of participatory democracy and community action agencies.
12. Quoting special control to the Legal Representatives of the companies public utilities, whether public or private, to acquit concerns about the provision of public services in the respective municipality or district.
The public utilities company whose legal representative did not respond to requests or special monitoring subpoenas issued by the municipal or district councils, will be subject to investigation by the Superintendency of Public Utilities. This advance its own initiative or at the request of the respective corporation, an administrative investigation and impose appropriate sanctions established by law. The foregoing is without prejudice to any other legal or constitutional actions from. Effective Jurisprudence
. Municipal Councils by agreement on the initiative of the mayor establish the ways and means as municipalities to grant the benefits established in the final paragraph of Article 13, 46 and 368 of the Constitution. PARAGRAPH 2.
. Those regulatory functions of the municipality for which has not indicated whether competition is for mayors or councils, means allocated to these corporations, provided that does not contravene the Constitution and the law. PARAGRAPH 3.
. Through the powers granted in paragraph seven municipalities are not authorized to tax the income that makes the export sector abroad. Effective Jurisprudence
PARÁGRAFO 4o. In accordance with paragraph 30 of Article 313 of the Constitution, the Municipal or District Council must decide on the authorization the mayor to hire in the following cases:
1. Loan agreements.
2. Contracts that commit future years.
3. Alienation and purchase of real estate.
4. Disposal of assets, shares and parts.
6. The others determined by law. Editor's Notes
ARTICLE 33. LAND USE. When the development of tourism projects nature, mining or otherwise, threatens to create a significant change in land use, leading to a transformation in the traditional activities of a municipality, it must make a popular consultation in accordance with the law. The responsibility of these consultations will be provided by the respective municipality.
PARÁGRAFO. In any case, decisions about land use must be approved by the City Council.
delegation. The Council may delegate to the local administrative boards of the powers that are proper, according to the following general rules:
a) The delegation will be made in order to obtain a higher degree of efficiency and effectiveness in providing services. In any case, these powers are subordinated to the development plan of the municipality;
B) may decentralize services and assign responsibilities without the prior allocation of sufficient resources to address them.
ARTICLE 35. ELECTION OF OFFICERS. The councils will be installed and elect officials of their competence in the first ten days of January corresponding to the initiation of their constitutional terms, after first noting date three days in advance. In cases of absolute faults, the election may be made at any period of regular or special sessions convened for that purpose the mayor. Effective Jurisprudence
Whenever an election after a period be started is made, it is understood made only for the remainder of the current period.
ARTICLE 36. POSSESSION OF ELECTED OFFICIALS BY THE CITY COUNCIL. Officials elected by the Council have a period of fifteen (15) calendar days for their respective possession except in cases of force majeure in which this term is extended for fifteen (15) days.
No authority may give possession to officials elected by the Council not prove the qualifications required for the position, or are disqualified on the grounds of disability that the Constitution and the law, following a summary verification.
The official who violates the provisions of this article shall incur grounds for misconduct.
ARTICLE 37. SECRETARY
. The City Council shall elect a secretary for a period of one year, reappointed at the discretion of the corporation and its first election will be held in the respective first legal period.
Must demonstrate professional title in the municipalities of special categories. In the first category they must have completed college degree or have technological level. In other categories must prove accredit bachelor's or minimal administrative experience of two years.
In cases of absolute lack there will be a new election for the remaining period and the temporary absences shall regulate the Council.
ARTICLE 38. FUNCTIONS OF CONTROL. It vested in the Council exercise control function to the municipal administration. To this end, it may summon the secretaries, heads of administrative departments and legal representatives of decentralized entities as well as Personero and the Comptroller. Citations must be not less than five business days in advance and in written questionnaire formulated. The debate may not extend to matters unrelated to the questionnaire and will head the agenda of the session. The Council may also request written information to other municipal authorities. In any case, citations and information should refer to own affairs by the respective official. Editor's Notes
ARTICLE 39. MOTION FOR COMMENTS. At the end of the discussion, and the signature of at least one third of the members of the corporation, it may propose that the Council observe the decisions of that officer.
The proposal will be voted in plenary between the third and tenth day following the end of the debate. It approved the motion by a vote of half plus one of the members of the corporation, it shall be communicated to the mayor. If it is rejected, it may not stand another on the same subject, unless new facts justify it. Editor's Notes
ARTICLE 40. CITATIONS. Any standing committee may summon any natural or legal person in special session to render oral or written statements on facts directly related to matters of public interest, investigated by it.
The aforementioned may refrain from attending only for duly justified cause.
The reluctance summoned to appear or to make required disclosures shall be punished by the competent judicial authorities, according to current regulations for cases of contempt to authorities.
ARTICLE 41. PROHIBITIONS. It is forbidden to councils:
1. Forcing the inhabitants, whether residents or passersby to contribute money or services for parties or public rejoicing.
2. Apply or allocate the assets and income to different objects municipal public service.
3. Intervene in matters which are not within its competence, through agreements or resolutions.
4. Give votes of applause or censure to official acts; but the revocation of their own choosing may request; illegal or inappropriate, stating the grounds on which melt.
5. Depriving residents of other municipalities of rights, guarantees or protection enjoyed by their own municipality.
6. Decreeing acts of proscription or persecution against natural or legal persons.
7. Decreeing aid or donations in favor of natural or legal persons.
8. Take part in the proceedings or decision of matters that are not within its competence.
CHAPTER IV. COUNCILLORS
QUALITIES. To be elected councilor is required to be an active citizen and being born or resident of the respective municipality or the relevant metropolitan area during the six (6) months prior to the date of registration or for a minimum period of three (3) years consecutive at any time. Effective Jurisprudence
PARÁGRAFO. To be elected councilor of the department's municipalities San Andrés and Providencia is in addition to certain required by law, be a resident of the department under the control standards population density and have residence in the respective constituency for more ten (10) years of age prior to the date of the election.
disabilities. It may not be registered as a candidate or elected municipal or district council:
1. Who has been convicted by court of law, deprivation of liberty, except for political or intentional crimes; or has lost the investiture of congressman or after the effective date of this law, deputy or councilor; or excluded from the exercise of a profession; or it is in interdiction to exercise public functions.
2. Who within twelve (12) days prior to the date of the election months has worked as a public employee, jurisdiction or political, civil, administrative or military authority in the respective municipality or district, or who as a public employee of the national, departmental or municipal, has already honored the computer running expenditure investment resources or concluding contracts, to be performed or fulfilled in the respective municipality or district.
3. Who in the pre-election year has intervened in business management before public entities in the municipal or district level or at the conclusion of contracts with public entities at any level in own or third party interest, provided that contracts to be executed or fulfilled in the respective municipality or district. Also, who within the previous year has been legal representative of entities that administer taxes, fees or contributions, or organizations providing social security domiciliary or subsidized public services in the respective municipality or district system.
4. Anyone with link through marriage or permanent union or kinship to the second degree of consanguinity, first of affinity or civil, with officers within twelve (12) preceding the election months have exercised civil authority, political, administrative or military in the respective municipality or district; or those in the same period have been legal representatives of entities that administer taxes, fees or contributions, or organizations providing social security domiciliary or subsidized public services in the respective municipality or district system. Also, who is linked by marriage or permanent union or kinship within the second degree of consanguinity, first of affinity or civil, and by the same party or political movement for election of officers or public corporations to be made you sign up in the same town or district on the same date. Effective Notes
Previous legislation ARTICLE 44. SIMULTANEOUS
INELIGIBILITY. No one can be elected for more than one public office or corporation or for a corporation and a charge if the respective periods coincide in time, even partially.
Councillors in office who aspire to be congressmen must give up their investiture before the date of registration of his candidacy.
ARTICLE 45. INCOMPATIBILITIES. Councilors may not:
1. Effective Notes
2. Be taken before public entities of the respective municipality or to the people who administer taxes from the same, or celebrate with them, personally or through an intermediary, any contract, with the exceptions set out below.
3. Being members of boards or boards of central or decentralized sectors of the respective municipality, or institutions that administer taxes from it.
4. Contracts or make arrangements with individuals or legal entities of private law to administer, manage or invest public funds from the respective municipality or contractors are the same or receive donations from it.
5. Be legal representatives, members of boards or boards of directors, auditors or statutory auditors, employees or contractors to provide home-based businesses or social security utilities in the respective municipality. Effective Notes
. It excepted the regime of incompatibilities exercise of university professorship. Effective Jurisprudence
. The appoint a councilor for public office or hold him to a contract or accept acting as manager on behalf of itself or third parties, in violation of the provisions of this article, public official incur grounds of misconduct .
ARTICLE 46. EXCEPTIONS. The provisions of the preceding articles does not prevent councilors can either directly or by proxy, act on the following matters.
A) In proceedings or administrative and judicial proceedings in which under the law, themselves, their spouse, their parents or their children, have an interest;
B) Formulate claims for the collection of taxes, levies, fees and fines levied the same people;
C) Use of goods and services that government entities of any kind, the providers of public services and social security offered to the public under conditions common to all who request it. Effective Notes
D) Be attorneys or advocates in the processes that are aired before the Judicial Branch of Public Power. However, council members during his term may not be managers or experts in the processes of all kinds aimed at managing fiscal or economic of the respective municipality interests, public institutions, industrial and commercial enterprises of the municipal order and societies mixed economy in which the same entities have more than fifty percent (50%) of the capital.