1551 ACT OF 2012
Official Gazette No. 48483 of July 6, 2012 CONGRESS OF THE REPUBLIC
By establishing rules to modernize the organization and functioning of the municipalities. Summary
THE CONGRESS OF COLOMBIA DECREES: CHAPTER I.
DEFINITION, FUNCTIONS AND PRINCIPLES.
ARTICLE 1o. PURPOSE OF THE LAW. This law aims to modernize the rules related to the municipal system within the autonomy that recognizes municipalities the Constitution and the law, as a management tool to meet its powers and functions.
. RIGHTS OF MUNICIPALITIES. The municipalities have autonomy to manage their interests, within the limits of the Constitution and the law.
Shall have the following rights:
1. Elect their authorities through democratic and participatory procedures in accordance with the Constitution and the law.
2. Exercise the powers allocated to them in accordance with the Constitution and the law.
3. Managing resources and establish the taxes necessary for the performance of their duties.
4. Participate in national income, according to special rules made in this area.
5. Adopt the administrative structure that can finance and determined appropriate to fulfill the responsibilities assigned to them by the Constitution and the law.
ARTICLE 3. Article 4 of Law 136 of 1994 shall read as follows: Article 4.
. Exercise Guiding Principles of 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.
ARTICLE 4. 5o added to Article 136 of the 1994 Act with the following literal as well:
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.
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;
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.
The 5th ITEM. Within the framework of the principles of coordination, complementarity, sustainability, economy and good governance, municipalities have the support of the School of Public Administration - ESAP - in identifying needs and in identifying good management practices.
Likewise, the ESAP, will support the national government in management, promotion, distribution, development and implementation of public policies of good governance and competitiveness in local authorities.
The municipalities of category 5 and 6 will have free accompanying ESAP in the development of studies and analyzes that Article 46 of Law 909 refers, when municipalities require it.
ARTICLE 6o. The article 3 of Law 136 of 1994 shall read as follows:
Article 3o. 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.
ARTICLE 7. Article 6 of Law 136 of 1994 will read:
Article 6o. Categorizing 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.
Article 8. DIVERSIFICATION OF POWERS. There will be mandatory and voluntary powers skills.
It is understood by mandatory powers: those that are assigned to each municipality by the constitution and the law.
It is understood by voluntary: those that municipalities assume express interest in this show and have administrative and technical capacity. PARAGRAPH 1.
. The Government may delegate powers and functions under contract to each municipality according to type and special category plan.
In any case, the delegation of powers, functions and powers to be brought forward by the national or departmental government will always be accompanied by the respective budget allocation and adjustment to ensure full compliance with such competition. PARAGRAPH 2.
. In municipalities and districts that are departmental capital, will host entities and institutes decentralized for services of national order, according to the criterion of geographic distribution for the purpose by a Commission which shall consist of: two Senators of the First Committee of Senate of the Republic, two representatives of the First Committee of the House of Representatives, two ministers appointed by the President of the Republic and a representative of the Administrative Department of the Presidency of the Republic - DAPRE, which by the national government will be installed inside two months after the entry into force of this law.
The distribution established by the Commission, within six months of its installation, should take into account equality between the different geographical sections of the country. The headquarters of those created after the entry into force of this Act shall be fixed taking this approach.
Once the National Government Commission Allegue distribution referred to in this paragraph, this will have six months to submit the relevant Bills where the domicile and headquarters decentralized entities and institutes for services of national order is set to you have defined the Commission.
The change of domicile of the decentralized entities and institutes of national level, in any event include the abolition of charges.
Article 9. Rule that has interference in municipal life for municipalities with population of 30,000 or less, will have special treatment in at least the following:
1. Organization: These municipalities will not be required rather than the implementation of the minimum structure imposed by the Constitution, so that it can no rule imposing creating dependency or charge, unless the rule provides for the allocation of adequate resources for its operation.
2. Operation: In terms of land use plans, simply making minimum management schemes, especially providing land use. Effective Jurisprudence
ARTICLE 10. DELEGATION AND FACTORS FOR THE ALLOCATION OF POWERS AND FUNCTIONS. For purposes of the delegation and assignment of responsibilities and functions the following factors are taken into account:
1. Natural resources.
2. Unsatisfied Basic Needs levels.
3. Livelihoods and economic capacity of its population.
4. Population growth rates and the proportion found in urban and rural sectors of the population.
5. Rate of economic development, industrial and commercial development.
6. geographical and economic situation, extent of territory and road and communications infrastructure possesses.
7. Budget-spending rate per-year.
8. municipal utilities.
9. Level of education of its inhabitants and the technical and operational capacity of the municipal administration.
10. Necessity and economic, social and administrative ability to stimulate local and regional development.
11. Support, promote and strengthen community action agencies and democratic participation.
Based on these factors, the national government, in coordination with the municipalities will determine a table of factors that will be the measuring instrument for the allocation of powers and functions; which may be different in different regions of the country and should be revised as deemed appropriate.
CREATION REQUIREMENTS FOR MUNICIPALITIES.
ARTICLE 11. Amend paragraphs 2, 3 and paragraphs 1st, 2nd and 3rd of article 8 of Law 136 of 1994, which shall read as follows:
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).
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. 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. PARAGRAPH 2.
. 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. PARAGRAPH 3.
. 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.
ARTICLE 12 AGGREGATION OR SEGREGATION OF MUNICIPAL TERRITORIES. To add or segregating municipal territories must fill the following conditions:
A) The reasoned request must be dealt with: the Governor; by the decision taken by simple majority of the municipal councils; or half the citizens of the region to try to segregate and / or add to the Departmental Assembly.
B) the segregation occurs due to lack of identity of the inhabitants of the territory, by excessive distance between the municipal and the territory that is intended to segregate that prevents proper administration, permanent inaccessibility of the head city by the people who inhabit this territory and the correlative proximity to the neighboring county seat, among other circumstances.
C) Governor concept, non-binding.
D) Concept favorable Ministry of Finance and Public Credit on the viability of the municipality budget loses part of its territory.
When these requirements the relevant Departmental Assembly will decide whether to authorize the aggregation or segregation of the respective municipality.
If municipalities correspond to different departments, each Assembly must decide concerning their respetivo municipality.
ARTICLE 13. Article 10 of Law 136 of 1994, will read:
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.
ARTICLE 14. The Municipal Councils will act in the sessions, according to the caucuses regime provided for in Law 974 of 2005, and rules that complement and develop.
Adiciónese a final paragraph to the 3rd paragraph of Article 24 of Law 136 of 1994, as follows: Article 24. Disability
meetings. 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. Editor's Notes
ARTICLE 16. Article 26 of Law 136 of 1994 shall read as follows:
Article 26. Acts. 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.
ARTICLE 17. Article 27 of Law 136 of 1994 shall read as follows:
Article 27. Publication of the Acts of the Council. Councils must publish their actions through the media they see fit, as long as they ensure the effectiveness of its community outreach.
ARTICLE 18. Article 32 of Law 136 of 1994 shall read as follows:
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.
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.
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.
ARTICLE 19. Amend paragraph of Article 4 of Law 1148 of 2007 thus:
PARÁGRAFO. The Family Housing Subsidy dealt with in this article is a state contribution in cash and / or kind which is given only once a beneficiary household, non-repayable by this, for the acquisition of urban housing and / or rural and can be complementary to other subsidies municipal or departmental basis.
Under the principle of efficiency of public investment, municipal housing subsidies may guide the self-managed housing with community action organizations and community housing.
Article 20. Amend Article 6 of Law 1148 of 2007 thus:
Article 6o. Access Conditions. The Ministry of Housing, City and Territory in coordination with the Ministry of Agriculture, the Agricultural Bank and the National Confederation of councils and councilors Confenacol, shall regulate the special conditions of access to family housing subsidy for the acquisition of urban housing and / or rural of those households made up of councilors and mayors of the municipalities defined in Law 617 of 2000, particularly related to its modalities, the grant amount and application.
Article 21. Amend Article 74 of Law 136 of 1994 as follows: Article 74. Procedures
development plan. The processing and approval of the municipal development plan shall be subject to the directive of the organic law of planning.
In any case, while the council approves the development plan, the respective mayor may continue execution of plans and programs of previous development plan.
ARTICLE 22. Replace clause 2 of Article 28 of Law 136 of 1994, as follows:
The parties or declaring themselves in opposition to the mayor, will participate in the First Vice Chair of the Council. Effective Jurisprudence
ARTICLE 23. Councilors are entitled to social security, pension, health and ARP, without involving employment relationship with the entity territory. To this end, council members must contribute to the respective pension.
The councilors of the municipalities of the 6th category 4a to demonstrate that no other source of additional income, receive a subsidy to the pension contribution of 75% from the Solidarity Pension Fund. Effective Jurisprudence
ARTICLE 24. LICENSE.
Should be granted the temporary license, the President of the Corporation not permitted to enter the council or take possession by way of replacement candidates not elected, except in the case of women who make use of maternity leave. PARAGRAPH 1.
. MATERNITY LICENCE. Councillors are entitled to receive fees for the sessions made during her maternity leave, meaning justified his absence. PARAGRAPH 2.
. Women elected councilors belonging to the Families in Action Program, they will not be prevented to continue as beneficiaries in the Program. Effective Jurisprudence
Matches Legislation Previous
article 5 of Law 1368 of 2009, will read:
article 5. Training and education. Higher School of Public Administration will create free, on-site and / or virtual programs, and priority access to training and vocational training for mayors, councilors and members of local administrative boards.
PARÁGRAFO. Training and academic to do relation this article training will be extended to local and municipal ombudsmen, as well as those in these institutions, conduct judiciary or employment or professional practice as a requirement to access professional title or providing service legal assistant honórem ad in the terms of law 1322 of 2009.
the ESAP will have 1 year from the effective date of this law to implement the provisions of this article.
ARTICLE 26. Article 6 of Law 1368 of 2009, will read: Article 6.
. The Ministry of Education will encourage the development of programs in the various institutions of higher education, aimed at training and training of councilors in the country, in areas and subjects in accordance with the functions that they exercise, under the Constitution and the law. These programs will be extended to mayors, members of local administrative bodies and Community Action Agencies.
Article 27. Article 1368 of the Law on the 7th, 2009, will read: Article 7.
. Institutions of higher education may establish, within the framework of its university autonomy, programs for the training and education of Mayors, councilors and municipal or local ombudsmen, judicantes and practitioners of careers related to public administration matters in accordance with the functions they exercise, under the Constitution and the law, giving easier access and permanence for them. These programs will be extended to members of local boards and community action agencies.
ARTICLE 28. FUND
concurrency. Concurrency Believe Fund as a special account, without legal status, of the School of Public Administration, who will manage it as a separate system of accounts of public resources to integrate and determined in this law. PARAGRAPH 1.
. OBJECT. The sole purpose of the resources that make up the Fund Concurrency is used as a tool for access of Mayors, councilors, members of local boards and agencies community action to training programs at the levels of basic education, average higher education on issues of public administration and for training programs mentioned in Article 50 of Law 1368 of 2009. This
order to qualify systematically and continuing education level.
. MEANS. The resources that comprise the Fund Concurrency created by this law, are:
1. Heading to contribute to the effect local authorities.
2. The contributions from the national public budget.
3. Donations from the domestic private sector social responsibility.
4. The resources come from international cooperation.
5. Financial returns derived from the management of the above items.
6. Other items received for the performance of its functions. CHAPTER V.
Article 29. Amend Article 91 of Law 136 of 1994, which will read:
Article 91. Functions. The mayors carry out the duties assigned to them by the Constitution, the law, ordinances, agreements and that they be delegated by the President of the Republic or the respective governor.
In addition to the above functions, the mayors have the following:
a) In relation to the Council:
1. Submit draft agreement it deems appropriate for the smooth running of the municipality.
2. timely submission of draft agreement on plans and programs of economic and social development including the component of Human Rights and International Humanitarian Law and public works, which should be coordinated with departmental and national plans.
3. Present within the legal term the draft agreement on the annual budget of revenues and expenditures.
4. Collaborate with the Council for the proper performance of their duties; present general reports on its administration at the first regular session each year, and convene special sessions in which only deal with the issues and matters for which it was cited.
5. To sanction and promulgate the agreements that the Council has adopted and object which considers inappropriate or contrary to law.
6. Regulate municipal agreements.
7. Send the governor, within five (5) days following its approval or issuance days agreements Council, decrees general issued the acts by which recognize and enact fees to the council and others of special character the governor may request.
8. Accept the resignation or grant a license to the council when the council is in recess;
B) In relation to public order:
1. Preserve public order in the municipality, in accordance with the law and instructions of the President of the Republic and the respective governor. The National Police will promptly and diligently orders given to the mayor through the respective commander.
2. Dictate for maintenance of public order or reinstatement in accordance with the law, if the case, measures such as:
a) Restrict and monitor the movement of people on roads and public places;
B) Order the curfew;
C) restrict or prohibit the sale and consumption of alcoholic beverages;
D) To request the assistance of armed force in cases permitted by the Constitution and the law;
E) To issue within the area of jurisdiction, local police regulations necessary for compliance with the above standards, in accordance with article 9 of Decree 1355 of 1970 and other provisions that modify or add.
3. Promote citizen security and coexistence through harmonious relationship with the police authorities and the police to preserve public order and combating crime and crime.
4. President serve as agents in maintaining public order and act as chiefs of police to maintain security and coexistence.
The Director of the National Police must apply at the end of each fiscal year mayors, an annual report on the performance of the respective Township Police commander, which will be published on the website of the National Police.
5. Design, implement, lead, develop and promote comprehensive security plans and citizen, to ensure effective instruments against urban and rural crime.
The mayors may submit to the City Council agreed projects where behaviors and sanctions are defined: teaching, fines, or those which are defined in the Code of Police. Through them you can control changes to the order and harmony affecting their jurisdiction. PARAGRAPH 1.
. Violation of the measures provided for in paragraphs a), b) and c) of paragraph 2 are punishable by mayors with fines of up to two monthly minimum legal wages.
. To comply with the provisions of the law 52 of 1990, mayors are obliged to inform the office of Public Order and Citizen Coexistence of the Ministry of Interior or his substitute, facts or circumstances that threaten to alter or subvert order public or peace of the community, with the specificity of the measures taken to keep or restore;
C) In relation to the nation, the department and the judicial authorities:
1. Grant permissions, accept resignations and posesionar national employees who exercise their functions in the municipality, where there is no provision determining authority should do in cases of force majeure or when you receive such a delegation.
2. Coordinate and monitor the services they provide in the municipality national or departmental entities and report to the higher of them, his departure and the fulfillment of duties by the respective officers in accordance with the plans and programs of municipal development.
3. periodically visit the administrative offices and public works running on the territory of jurisdiction.
4. Exercise the functions delegated by the Governor.
5. Collaborate with the judicial authorities when they require support and intervention;
D) In connection with the Municipal Administration:
1. Direct the administrative action of the municipality; ensure compliance with the functions and the provision of services in charge; represent and out of court.
2. Appoint and remove officials under his authority and managers and directors of public establishments and commercial industrial enterprises local, in accordance with the relevant provisions,
3. To eliminate or merge or municipal entities in accordance with the respective agreements.
The agreements on this particular issue the Council, empower the mayor to exercise attribution for the fulfillment of the principles of equality, morality, efficiency, economy, speed, impartiality and publicity defined by Article 209 of the Constitution Politics.
4. Create, delete or merge the jobs of its dependencies, point out special features and fix their compensation under the relevant agreements. You can not create obligations that exceed the total amount allocated for staff costs in the budget initially approved.
The agreements on this particular issue may authorize the mayor to not exceed the amount fixed budget, exercising this function pro tempore, in the terms of Article 209 of the Constitution.
5. Sort expenses and concluding contracts and agreements municipal according to the plan of economic and social development and the budget, observing the applicable legal rules.
6. Exercise coercive jurisdiction to enforce the payment of obligations to the municipality. This function can be delegated to municipal treasuries and be exercised in accordance with the provisions of the Contentious-Administrative Law and Civil Procedure.
7. Ensure compliance functions of municipal employees and issue official acts necessary for administration.
8. Support human and material resources with the proper functioning of local administrative bodies.
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10. Exercise disciplinary power over the government employees under his authority.
11. Mark the day or days to take place the public market.
12. Licensing and accept the resignations of officials and members of the boards, councils and other bodies whose appointment corresponds to the Council, when this not be met, and appoint an interim basis who should replace them, except in cases where this law provides otherwise .
13. Coordinate the activities and services of public establishments, industrial and commercial enterprises, mixed economy companies, revolving funds and special administrative units of the municipality.
14. Distribute business, according to its nature, between the secretariats, administrative departments and public institutions.
15. Authorize committees to municipal administrative career public servants to accept a temporary basis, charges of the Nation, Departments or municipalities.
16. Plants Benefit Animals Intended for Human Consumption: The Municipal Administration in order to adequately supply meat to the population should efficiently use public resources for the operation and service provision offered by the processing plants Animal for Human Consumption ensuring its viability from the point of health, environmental, economic and social terms in the terms established by health authorities.
Municipal Administrations will promote and encourage public and private investment, the association of users and / or any other form that allows compliance with this article.
17. Places of Public Market: local governments should promote and encourage public and private investment, the association of users and / or any other form that allows proper operation and provision of food supplies to the population offering Marketplaces public. This for optimal development from the point of health, environmental, economic and social of the same view.
18. Ask the judge the declaration on the validity or revision of the economic conditions of the concession contracts entered into by the municipality, when in his opinion the object seen on matters that can not be made by individuals, or in the case of the provision public utilities or other, motivated by a contractual equation that is unbalanced against the municipality or because it is affecting so seriously the principle of fiscal sustainability enshrined in the Constitution.
19. Run actions for the protection of persons, and indigent children and their integration into the family and the social, productive and community life; as well as the design, manage and implement strategies and policies respect and guarantee human rights and international humanitarian law, ensuring their inclusion in the development plans and annual budget.
PARÁGRAFO. The mayor in the exercise of the function conferred in paragraph 5 of this literal exceeds the budget of the force or the ability to set indebtedness, incur very serious offense.
E) Regarding Citizenship:
1. Report on the development of its management to citizenship as follows: In the municipalities of 3rd, 4th, 5th and 6th grade through camps and local media at their disposal. In the municipalities of category 1, 2 and especially through the press offices of City Hall.
2. Convene at least twice a year to elected officials, social organizations and citizen oversight committees to present management reports and the most important projects to be developed by management.
3. Spread sufficiently broad and the development plan of the municipality to guilds, social and community organizations and citizens in general.
4. Facilitate citizen participation in drafting the municipal development plan.
PARÁGRAFO. The mayor in the exercise of the function conferred in paragraph 5 of this article exceeds the budget of the force or the ability to set indebtedness, incur grounds for misconduct.
F) With regard to the Integral prosperity of their region:
1. Promote mechanisms that allow the municipality, in the exercise of their autonomy, promote local development through integration and association figures align their development plans with other territorial entities, generating economies of scale to promote competitiveness.
2. Boost economic growth, fiscal sustainability, social equity and environmental sustainability to ensure adequate living conditions of the population.
3. To achieve the improvement of local management, promote the harmonious concurrence of the Nation, local authorities, environmental authorities and bodies and administrative and planning in compliance with the constitutional and legal obligations in Land authorities. Especially contribute in the framework of its powers, to ensure the deployment of infrastructure for development and national competitiveness in accordance with the provisions of the National Development Plan.
4. Generate, support and finance participatory planning processes leading to community plans and community strategic development of medium and long term.
5. Create the Municipal Council for Rural Development, which will serve as the supreme body of coordination between local authorities, rural communities, agencies, community action and public institutions in rural development, whose main function will be to coordinate and rationalize actions and the use of resources for rural development and prioritize projects that are co-financed.
6. Issue certification to prove residence to persons who reside in the territory of the area of influence of exploration projects and oil and mining exploitation in general, and aspiring access tasks such as unskilled labor. The mayors issued such certificates based on electoral or Sisbén records as well as records of members of Community Action Boards.
If not unskilled in the work area of influence is found, you can hire labor from neighboring municipal territories.
The Community Action Boards, through its affiliates, may establish oversight committees to verify that the skilled labor does not belong to the area of influence.
G) Incorporate within the municipal budget by decree resources has received the municipal treasury and financing of projects from national or departmental, or international cooperation entities and advance their respective execution. The resources provided herein as well as those for public security from territorial security funds will be contracted and executed under the terms provided by the budgetary regime.
Once the executive incorporate these resources must inform the City Council within ten (10) days. Effective Jurisprudence
ARTICLE 30. Article 92 of Law 136 of 1994 shall read as follows:
Article 92. Delegation of functions. The Mayor may delegate to the mayor secretaries and heads of administrative departments different functions in charge, except those for which there is express statutory prohibition.
The acts issued by the delegatarias authorities shall be subject to the same requirements for issue by delegating authority or entity and be capable of resources from the acts against them.
Regarding the delegation to enter into and execute contracts, this shall be governed as regulated in Law 489 of 1998 and Law 80 of 1993. Effective Jurisprudence
Article 31. Article 100 of Law 136 of 1994 shall read as follows: Article 100.
Waivers, Permits and Licenses. The resignation of the mayor, license or permission to break away temporarily from office, accepts or granted the respective Governor or the President of the Republic in the case of the Capital District of Bogota. Medical disabilities will be certified by the respective Health Promotion Entity to which the local leader is affiliated. Effective Jurisprudence
Article 32. Article 101 of Law 136 of 1994 shall read as follows: Article 101.
Permanent Physical Disability. In case of permanent disability of the mayor has been declared by the procedure laid down in Article 41 of Law 100 of 1993 and this look definitely prevented to continue as such, the President of the Republic in the case of the Capital District of Bogota, and governors in other cases, will declare the vacancy by an absolute lack and will proceed to appoint his replacement in accordance with legal regulations.
Article 33. Article 104 of Law 136 of 1994 shall read as follows: Article 104.
grounds for removal. Once firm criminal judgment rendered against the mayor, even having been decreed in his favor any benefit, the judge shall inform the President of the Republic in case of District Mayors and Governors in other cases, in order to order dismissal and proceed as provided for the absence of the Mayor.
Article 34 Amend paragraph 1 of Article 105 of Law 136 of 1994, as follows:
1. For having issued against sentence duly executed by deprivation of freedom, even if it is decreed in his favor conditional suspension of execution of sentence.
Article 35. Article 170 of Law 136 of 1994 shall read as follows:
Article 170. Election. Municipal or district councils as appropriate, choose personeros for institutional periods of four (4) years, within ten (10) days of January of the year in which begins its constitutional period, after public competition of merit held the Attorney General's Office, in accordance with the law. Personeros so elected, his term will begin the first following their election March and end on the last day of February the fourth year.
To be elected municipal representative is required: In the municipalities of special categories, first and second titles of lawyer and graduate. In the municipalities of third, fourth and fifth categories, law degree. In other categories you may participate in the competition graduates of law schools, however, in qualifying contest will priority to law degree. Effective Jurisprudence
To obtain the title of lawyer, graduates of law schools, may provide the service of legal practice (judiciary) in municipal or district personerías, prior appointment to be made by the respective dean.
Similarly, to qualify for the professional title of Public Administration related to racing, you can perform in municipal or district personerías professional or work prior designation of their respective dean practices. Effective Jurisprudence
ARTICLE 36. In the municipalities of third category, fourth, fifth and sixth, each municipal representative at the beginning of his term and for once, is entitled to a grant six minimum monthly wages, granted by the Nation, to ensure the mobilization of personero. Editor's Notes
ARTICLE 37. The expenses of municipalities personerías third categories (3a), fourth (4th), fifth (5th) and sixth (6th), always fix the maximum contribution that minimum monthly wages fixed law for each effect.
ARTICLE 38. Replace paragraph 15 of Article 178 of Law 136 of 1994 and adiciónensele few paragraphs, like this:
15. Disclose, coordinate and support the design, implementation and evaluation of public policies relating to the protection of human rights in their municipality; promote and support the respective jurisdiction in programs developed by the Government or Department for the Protection of Human Rights and guide and instruct the inhabitants of the municipality in the exercise of their rights before the competent public and private authorities.
24. Ensure the effective enjoyment of the rights of victims of forced displacement, taking into account the principles of coordination, competition, complementarity and subsidiarity and legal regulations.
25. Assist in the defense and protection of natural resources and the environment, and to exercise the corresponding constitutional and legal actions in order to ensure effective care.
26. Delegate to the attached judicantes to his office issues: human rights and victims of the conflict in accordance with the law 1448 of 2011 and its intervention in special processes sanitation titles that require you to call false tradition and certification of physical possession of property .
ARTICLE 39. LINKING TO MUNICIPAL DEVELOPMENT. Municipalities may enter into agreements with community action agencies, civil organizations and associations for compliance or execution of certain functions, in accordance with the provisions of the 3rd paragraph of Article 6 of this law.
PARÁGRAFO. The agreements concluded in development of this article shall be subject to the formalities or requirements under the law.
Communes and townships.
Article 40 is added to Article 117 of Law 136 of 1994, with two paragraphs as follows: PARAGRAPH 2.
. The respective mayor may delegate by administrative act, in the districts, express functions in the areas of public services, real estate management and collection of tax revenues that are specific to the municipal administration.
. The Municipal or District Council may establish, to support social investment in the districts, communes and villages, a participatory budget that allows citizens to deliberate and decide on the distribution of a percentage of the municipal budget through JAL, assigned to their respective communes, districts and localities observing the national and municipal rules and regulations governing the exercise of planning, budget and procurement, according to the municipal Development Plan. In any case
local planning processes will be input for the formulation of the municipal development plan, also prioritize investment proposals submitted by the respective Community Councils and Planning Corregimientos that within their respective plans will complement guarantee with community work within the framework of the agreements.
For the implementation and execution of the participatory budget, the city administration will ensure the necessary resources for the operation and implementation of program planning and participatory budgeting in each of the Communes and Corregimientos the municipality and district within the MDP investments. a component called Participatory Budget that will be part of the Organic Statute of the budget of the municipality or district will be created within the municipal budget.
Article 41. Article 118 of Law 136 of 1994 shall read as follows: Article 118.
Administration Corregimientos. For proper and immediate development of the districts, these will corregidores as administrative authorities pro bono, who coordinated manner, with the participation of the community, they met in the area of jurisdiction the functions assigned to them by the agreements and delegate to them the mayors subject to existing laws.
Corregidores as coexistence authorities comply with the functions assigned to them by current regulations in this area.
In the districts where mayor is appointed, no departmental and municipal police inspectors, such as magistrates exercise such functions.
The mayors appoint the magistrates of lists submitted by the respective Local Administrative Board, with whom they coordinate their work community development.
Article 42. Article 119 of Law 136 of 1994 shall read as follows: Article 119.
local administrative bodies. In each of the communes or districts there will be a Local Administrative Board, consisting of not less than three (3) nor more than nine (9) members elected by popular vote for a term of four (4) years must coincide with the period the mayor and municipal councils.
Members of local administrative bodies shall perform their functions ad honorem. PARAGRAPH 1.
. In those municipalities whose population exceeds one hundred thousand (100,000) Mayors guarantee the social security health and occupational hazards of Selectmen, with a base income contribution of one (1) monthly legal minimum wage and without involving employment relationship with the local authority, through the subscription of an insurance policy with a company officially recognized in accordance with the regulations for that purpose by the City Council. In pension matters members of local administrative bodies shall enjoy the benefits established by Article 26 of Law 100 of 1993 should also suscribirles a life policy under the terms of Article 68 of Law 136 of 1994
To this end, the mayors strictly observe the guidelines established in the 7th article of the Law 819 of 2003, determining the fiscal costs of the initiative and the source of additional revenue generated to finance the cost.
The local administrative bodies have until 80 regular and 20 special sessions in the year; Truancy at each monthly session to at least a third of them, exclude the member of the Local Administrative Board of the benefits referred to in this article.
Where there are absolute failures members of local administrative bodies, who occupy the vacancies shall be entitled to the benefits referred to in this article, from the time of possession and until the end of the respective period. PARAGRAPH 2.
. Municipal Councils in Government, shall be called the representative of local administrative bodies, chosen by these between their presidents, who may speak.
PARÁGRAFO TRANSIENT. During the ten (10) years following the issuance of this law, the municipal councils agreement may not increase the number of Board members existing local administrative bodies. Effective Jurisprudence