Why Article 308 Of The Constitution Is Developed And Other Provisions Are Issued To The Departmental Comptrollers

Original Language Title: Por la cual se desarrolla el artículo 308 de la Constitución Política y se dictan otras disposiciones relativas a las Contralorías Departamentales

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1996 LAW 330

(December 11)

Official Journal No. 42,938 of 12 December 1996

By which article 308 of the Political Constitution is partially developed and other provisions regarding departmental comptroller s are dictated.

THE CONGRESS OF COLOMBIA,

DECRETA:

CHAPTER I.

GENERAL PROVISIONS

ARTICLE 1o. COMPETITION. It is up to the Departmental Comptroller to exercise the public function of fiscal control in their respective jurisdiction, in accordance with the principles, systems and procedures established in the Constitution and the law.

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ARTICLE 2o. Nature. The departmental contralories are technical bodies, endowed with administrative, budgetary and contractual autonomy.

In no case will they be able to exercise administrative functions other than those inherent in their own organization.

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ARTICLE 3o. STRUCTURE AND PLANT OF PERSONNEL. It is the attribution of the Departmental Assemblies, in relation to the respective Comptroller's, to determine its structure, personnel plant, functions by dependencies and pay scales corresponding to the different categories of employment, at the initiative of the contralors.

CHAPTER II.

OF THE CONTRACT

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ARTICLE 4. The Departmental Comptroller be elected by the departmental assemblies, consisting of two candidates submitted by the Superior Court of the Judicial District and one by the corresponding Court of the Contentious. Administrative. The ternas will be sent to the Departmental Assemblies within the first month immediately before the election.

The choice must occur within the first ten (10) days of the month corresponding to the first year of sessions.

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The candidates chosen by the Superior Court and the one chosen by the Tribunal of the Administrative Contentious will be determined by merit contests organized by these same Courts.

PARAGRAFO. In the departments where there is more than one Superior Court of Judicial District, each one of them will send a candidate to form the respective third party.

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ARTICLE 5o. PERIOD, RE-ELECTION AND QUALITIES. The Departmental Controller shall be elected for a period equal to that of the Governor. In no case shall the Comptroller be re-elected for the immediate term, nor shall he be able to continue in the exercise of his duties at the end of his term. This event will be replaced by the official who follows you in the hierarchy.

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The temporary faults will be filled by the Subcomptroller or the auxiliary comptroller and, in the absence of these, by the most senior official of the departmental Comptroller's Office. The absolute faults will be filled according to the prescribed in the Constitution and in the law.

To be elected Comptroller requires to be a Colombian by birth, citizen in exercise, to be more than 25 years old, to accredit a university degree and to comply with the requirements enshrined in article 68 Law 42 of 1993. The Departmental Comptroller will check with the agencies that he is running, the fulfillment of the qualities required by the Political Constitution and the law.

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ARTICLE 6o. SKILLS. No comptroller can be elected who:

a) You have been Comptroller of all or part of the period immediately before, as a holder or as commissioned;

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b) You have been a member of the Courts that participated in your nomination, within the previous three years;

c) During the last year you have held public office in the departmental, district or municipalorder, except for teaching;

Constitutional Court

-Literal c) declared EXEQUABLE by the Constitutional Court, by Sentencing C-147-98 of 22 April 1998, Magistrate Rapporteur Dr. Alejandro Martínez Caballero, as to the other Underlined the determination to be resolved in Case C-509-97.

-Separate underlined EXAMPLE by the Constitutional Court, by Judgment C-509-97, dated October 9, 1997. Magistrate Rapporteur Dr. Hernando Herrera Vergara.

d) Be or have been a member of the Assembly in the last year;

e) They will also be disabled who at any time have been criminally convicted of the custodial sentence, except for political or culpous crimes.

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It will not be possible to appoint in any office of the Office of the Comptroller the Deputies, the Magistrates who have intervened in the nomination, the Comptroller's choice, nor the spouse, a partner or permanent companion of the same, nor their relatives until the fourth degree of consanguinity, second of affinity or first civil. The infringement of the provisions of this article is a cause of misconduct.

The Comptroller will only attend the boards of the decentralized entities of the departmental or municipal order when he is expressly invited for specific purposes and will not have the right to vote.

In no case can the Comptroller's office or election be involved in the fourth degree of consanguinity, second degree of affinity, or civil first for the candidates.

PARAGRAFO. Who has occupied the position of Comptroller of the Department will not be able to carry out any official employment in the respective department, except for teaching, nor will he be registered as a candidate for positions of popular choice, but one year after have ceased their duties.

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ARTICLE 7o. COMPTROLLER ' S SALARY. 96 of Law 617 of 2000. >

Vigency Notes
Previous Legislation
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ARTICLE 8o. POSSESSION. The Departmental Comptroller's Office will be in charge of the Departmental Assembly. If they are not gathered, they will do so before a Court of the territorial entity and in the event of judicial vacancy before the Governor and, in the last case, before two witnesses.

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ARTICLE 9o. ATTRIBUTIONS. The Departmental Controller, in addition to the provisions of Article 272 of the Political Constitution, shall exercise the following powers:

1. To prescribe, taking into account the observations of the Comptroller General of the Republic, the methods and the way to render accounts responsible for the management of funds or departmental and municipal assets that do not have a Comptroller's Office and indicate the criteria for financial, operational and performance evaluation to be followed.

2. Review and strengthen the accounts to be carried out by those responsible for the Erarium under their control and determine the degree of efficiency, effectiveness, and economy with which they have worked.

3. Keep a record of the department's public debt, its decentralized entities, and municipalities that do not have a Comptroller's Office.

4. Require reports on their tax management to the public servants of the departmental or municipal order, and to any person or public or private entity that manages funds or assets of the department and municipality audited.

5. To establish the responsibilities arising from the tax administration, to impose the financial penalties applicable to the case, to collect its amount and to exercise the coactive jurisdiction over the amounts deducted from it.

6. To conceptualize the quality and efficiency of the internal fiscal control of the entities and agencies of the departmental and municipal order under their control.

7. Submit to the Departmental Assembly an annual report on the state of natural resources and the environment.

8. To promote to the competent authorities criminal or disciplinary investigations against those who have caused damage to the property, departmental and municipal interests. The omission of this attribution will cause them to cause misconduct.

9. To present annually to the departmental Assembly and to the Municipal Councils, a report on the state of the finances of the entities the department at the central and decentralized level, which will understand the outcome of the evaluation and its concept on the fiscal management of the administration in the management of funds and public goods.

10. To provide the public with the jobs of its dependency created by the Departmental Assembly.

Failure to comply with the requirements of article 2o., paragraph 2o. of Law 27 of 1992, is a cause of misconduct.

11. Carry out any audit examination, including that of computer equipment or electronic data processing, in respect of which it may determine the reliability and sufficiency of the established controls, examine the conditions of the processing environment and proper design of the logical support.

12. Carry out the visits, inspections and investigations that are required for the performance of their duties.

13. Evaluate the execution of the public works that are brought forward in the department.

14. Audit the balance sheet of the departmental estate to be presented to the Departmental Assembly.

15. Prepare the draft budget of the Comptroller's Office and submit it to the Governor within the terms established by the law to be incorporated into the draft annual budget for rent and expenditure.

16. Forward monthly to the Comptroller General of the Republic the relationship of the persons to whom they were given a decision with fiscal responsibility, for the purpose of including them in the bulletin of responsibilities.

The preliminary investigations carried out by the departmental comptroller s will have a probative value before the Office of the Prosecutor General of the Nation and the competent judges.

CHAPTER III.

POLICING THE FISCAL MANAGEMENT OF DEPARTMENTAL CONTRALORIES

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ARTICLE 10. SUPERVISION OF THE FISCAL MANAGEMENT OF DEPARTMENTAL CONTRALORIES. The oversight of the fiscal management of the departmental comptroller will be exercised by the Audit Office before the Comptroller General of the Republic.

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CHAPTER IV.

DEPARTMENTAL APPROPRIATIONS FOR OPERATING EXPENSES OF THE CONTRALORIES

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ARTICLE 11. LIMIT TO APPROPRIATIONS. 96 of Law 617 of 2000 >

Vigency Notes
Previous Legislation
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ARTICLE 12. BUDGET AUTONOMY. 96 of Law 617 of 2000 >

Vigency Notes
Previous Legislation
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ARTICLE 13. COLLECTION OF THE TAX SURVEILLANCE FEE. 96 of Law 617 of 2000 >

Vigency Notes
Previous Legislation
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ARTICLE 14. AUXILIARY COMPTROLLER. The auxiliary comptroller or Subcomptroller will be free to appoint and remove the departmental comptroller.

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ARTICLE 15. PROHIBITIONS. The departmental contralories will not be able to contract the provision of personal services for the fulfillment of functions that are in charge of the employees that make part of the plant of personnel. They shall also be unable to use any recourse to attend to activities which are not directly related to tax control. The violation of the provisions of this article will be a cause of misconduct.

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ARTICLE 16. VALIDITY AND REPEAL. This Law governs from its promulgation and repeals all provisions that are contrary to it, in particular Article 6o. of Law 6a. From 1958, point 3o. of article 244 and articles 245, 246 , and 248 of the Decree-Law 1222 of 1986, as well as other provisions which are contrary to it.

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ARTICLE 17. TRANSITORY. The Governors and in general the legal representatives of the entities subject to fiscal control must present to the Departmental Assemblies, Boards or Boards of Directors to which it corresponds, within the next eight days (a) the changes that are relevant to the budget for the duration of 1996, in order to adjust the appropriations of the departmental comptroller s for the duration of the term, in accordance with the provisions of this Law.

The President of the honorable Senate of the Republic,

LUIS FERNANDO LONDONO CAPURRO.

The Secretary General of the honorable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The President of the honorable House of Representatives,

GIOVANNI LAMBOGLIA MAZZILLI.

The Secretary General of the honorable House of Representatives,

DIEGO VIVAS TAFUR.

Republic of Colombia-National Government.

Publish and execute.

Dada en Santa Fe de Bogota, D.C., on 11 December 1996.

ERNESTO SAMPER PIZANO.

The Minister of the Interior,

HORACIO SERPA URIBE.

The Minister of Finance and Public Credit,

JOSE ANTONIO OCAMPO GAVIRIA.

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