Parliament Act no. 14 of 19 November 2007 on structural reform of the municipal sector

Modified repeals, hovedlov replaces information


Change Act No. 10 of 31 October 1996 on the elections for local councils, village councils and community representations

Modified by
Parliament Act no. 7 of 3 December 2012 on the elections for local councils, village councils and community representations

Hovedlov to
Home Rule Executive Order no. 4 of 22 January 2009 on elections to the joint settlement councils in April 2009.
Home Rule Executive Order no. 29 of 18 December 2008 on payment of mayors and vice mayors and kommunalbestyrelses- and village board etc.


Adds to Home Rule Executive Order no. 29 of 18 December 2008 on payment of mayors and vice mayors and kommunalbestyrelses- and settlement directors etc.


Chapter 1

Municipality Subdivision


§ 1. From 1 January 2009 divided Greenland in 4 municipalities.
Subsection. 2. North municipality now comprises of:
1) Qaanaaq municipality
2) Upernavik Municipality
3) Uummannaq municipality
4) Ilulissat Municipality,
5) Qeqertarsuaq Municipality
6) Qasigiannguit municipality
7) Aasiaat Municipality and
8) Kangaatsiaq Municipality.
Subsection. 3. Amid municipality now comprises of:
1) Sisimiut Municipality and
2) Maniitsoq Municipality.
Subsection. 4. East / West municipality now comprises of:
1) Nuuk Municipality
2) Paamiut municipality
3) Ivittuut Municipality
4) Ittoqqortoormiit Municipality and
5) Ammassalik Municipality.
Subsection. 5. Sydkommunen now comprises of:
1) Qaqortoq Municipality
2) Narsaq Municipality and
3) Nanortalik Municipality.




Chapter 2

Selection etc.

Elections to municipal


§ 2. There will be first choice for local councils in the new municipalities 8 April 2008. The election is held in accordance with §§ 1-35 in Rule Act on elections for local councils, village councils and community representatives. Local councils in Sydkommunen and in the midst municipality consists of 15 members. Local councils in North municipality and in East / West municipality consists of 21 members. By ordinary elections to local councils that take place after 2008, the local councils by the end of the year preceding the election shall decide the number of members must be less than 15 in Sydkommunen and in the midst municipality and less than 21 in North municipality and in East / West Municipality . The membership shall be uneven and is determined in the local government.
Subsection. 2. The election results are determined in accordance with §§ 36-40 of the Landsting on elections for local councils, village councils and community representatives.
Subsection. 3. Regulations issued on the basis of Rule Act on elections for local councils, village councils and community representations apply mutatis mutandis to elections after this Act.

§ 3. When the selection boards of the former municipalities have received the results from the poll leaders, showdown election committee the overall result for the municipality.
Subsection. 2. The calculation carried out a count of votes respectively
1) Each party and its candidates.
2) Each candidate federal candidates.
3) Each candidate.

§ 4. The results for the municipality shall be forwarded by election committees to the Election Board, which will then make a calculation of votes in the amalgamated municipality respectively
1) each party and its candidates
2) each candidate federal candidates
3 ) each candidate.
Selection Board showdown in the background an overall result for the new municipality. Selection Board distributes mandates using the d'Hondt proportional representation, while on each lot, each federal candidates and each candidate received votes is divided by 1, 2, 3, and so on, up to the number of members to be elected to the municipal council. The first mandate shall revert to the party, the candidate federation or the single candidate who has the highest quotient second mandate the party, the candidate federation or the single candidate who has the second highest quotient until all the mandates are allocated. A single candidate can achieve a maximum one mandate.
Subsection. 2. For each original municipality included in the new municipality, elected one of the seats in the new local council as a geographical repræsentant.Mandatet geographically representative of one of the former municipalities shall accrue to the candidate of the largest party or candidate associations that has achieved the most personal votes in the original municipality. Have a single candidate obtained more votes than any party or candidate associations in the municipality accrue mandate he single candidate. Has several parties, federal candidates or individual candidates obtained equal number of votes, determined by lot which of them the mandate shall accrue. The draw will be made by selection committee.

Subsection. 3. The mandates is for a party or a candidate federation distributed among the party's or union's candidates so that the first mandates accrue to those candidates who have achieved mandate geographically representative of an ancient municipality. The first of the other mandates accrue to the candidate in the party or candidate connected to, without being chosen as geographically representative, has achieved the highest number of votes in the amalgamated municipality, second mandate the candidate who has obtained the second highest number of votes until all seats have been allocated to candidates. Has several parties, federal candidates or individual candidates obtained the same quotient determined by lot which of them, the mandate shall accrue. The draw will be made by the Selection Board.
Subsection. 4. If the number of earned seats for a party, an alliance or a single candidate as a result of the geographical representation is higher than the distribution based on the overall statement, see. Paragraph. 2, taken the missing number of seats from the last assigned to the overall statement.
Subsection. 5. The rules of § 50 of the Landsting Act on elections for local councils, village councils and community representations apply mutatis mutandis to resigning members of the transition committee in the merged municipalities and municipal councils in the new municipalities.
Subsection. 6. Nominated candidates who are not chosen, can act as substitutes by a member lawful, permanent or temporary withdrawal. The Greenland government may lay down rules on who should be joined as deputy and about when a mandate to be considered lapsed.
Subsection. 7. Election Board prepares a delegate list. The list shall indicate the candidates who are not elected but are eligible to join the transition committee and municipal vicariously according to under paragraph. 5 rules.
Subsection. 8. Election Committee states in election records who are considered elected and shall inform in writing the selected for the election.

§ 5. The election is approved for each original municipality in the election committee, as described in §§ 44-47 of the Landsting Act on elections for local councils, village councils and community representatives.

§ 6. The municipal council of a new municipality works in the period from 1 May 2008 until 31 December 2008 as a transition committee for the new municipalities.
Subsection. 2. 1 January 2009 accede to the transition committee, the district council in the new municipality and works up to the local council election in April 2013.
Subsection. 3. Local councils in the former municipalities retire December 31, 2008.


Election to the parish council


§ 7. There will be new elections to parish missions simultaneously with elections for local councils in the new municipalities 8 April 2008.
Subsection. 2. Election to ward offices held by §§ 62-71 of the Landsting Act on elections for local councils, village councils and community representatives.
Subsection. 3. The newly elected community representation works until 30 April 2013.




Parish councils


§ 8. elected joint village councils. A common village council must include at least two villages in the same municipality. Decision on the settlements, who can choose common village council and the number of members to be elected thereto shall be taken by the municipal council. This decision shall be taken by the end of the year preceding the elections to the joint settlement councils. Options for joint settlement councils will take place the first time in April 2009.
Subsection. 2. The Cabinet may exceptionally grant exemptions from the requirement of paragraph. 1, point 2., As regards particularly remote or populous settlements. The Cabinet may by decision attributing to weight the extent to which the local council has put together joint village councils, which comprise more than two settlements.
Subsection. 3. Election common settlement councils carried out in accordance with Rule Act on elections for local councils, village councils and community representatives. In elections to the joint settlement councils, see. Paragraph. 1 constitutes the settlements covered by a common village council, one constituency.


Chapter 3

Transition Committee


§ 9. The oldest member of the transition committee shall convene the inaugural meeting. Transition Committee formed after §§ 6-8 on municipal councils and village councils, however, the inaugural meeting be held no later than 1 June 2008.
Subsection. 2. Transition Committee shall elect chairman, vice chairman and second vice-president under §§ 8 and 9 of the legislation on municipal councils and local authorities etc.
Subsection. 3.Pending election of the President of the Transitional Committee took place, led transition committee discussions of the member who has convened the meeting.


§ 10. Transition Committee prepares bylaw and rules of procedure for the amalgamated municipality in accordance with § 2 of the legislation on municipal councils and local authorities etc.
Subsection. 2. Transition Committee appoints a finance committee and may establish subcommittees under §§ 18-31 of the legislation on municipal councils and local authorities etc.

§ 11. Transition Committee President will continue as mayor, the deputy chairman as deputy mayor and second deputy chairman as second deputy mayor of the new municipality.

§ 12. Transitional Committee members shall receive according to §§ 17 and 37 on municipal councils and village councils, and Executive Order no. 35 of 5 October 2001 on the remuneration of kommunalbestyrelses- and village board members etc. and mayors and vice mayors.

§ 13. Transition Committee Chairman shall prepare and submit no later than 14 July 2008 draft budget for the transition committee.
Subsection. 2. The draft budget is examined and adopted by the Transitional Committee no later than August 14, 2008 according to §§ 39 and 40 on municipal councils and local authorities etc.
Subsection. 3. Transition Committee shall publish a summary of the budget immediately after the budget is adopted.

§ 14. Transition Committees have own assets. The assets consist of grants transition committee may receive the Home Rule. Cost of the transition committee's work, in addition to the Home Rule subsidies paid by the municipalities to be included in the new municipality. Transition Committee decides allocation of expenditure to municipalities.
Subsection. 2. Local councils in the new municipalities must provide administrative assistance to the Transitional Committee.

§ 15. No later than August 1, 2008 shall Transitional Committee decision on which professional auditors to review the transitional committee's accounts for 2008. §§ 45 and 46 on municipal councils and village councils and §§ 9-12 of Executive Order no. 29 of 18 december 1995, shall apply.
Subsection. 2. Transition Committee's 2008 annual accounts prepared by the finance committee in the new municipality to the municipal council, so that the financial statements may be submitted for review by 1 June 2009.








Chapter 4

Transition Committee and the municipal council's duties and rights


§ 16. Transitional Committee's main task is to prepare the merger of municipalities to the new municipalities, in accordance. § 1. Transition Committee shall take the decisions necessary for the new municipalities with effect from 1 January 2009 to carry out the in statutory authority areas.
Subsection. 2. Transition Committee decide by 1 August 2008 Which name and city arms that are desired for the new municipality.

§ 17. Transition Committee decides where future administrations physically be located.
Subsection. 2. Transition Committee prepares the administration of the new municipality and appoint the required number of administrative leaders to building management. §§ 21 and 65 of the legislation on municipal councils and village councils shall apply mutatis mutandis.
Subsection. 3. Resolution on physical location and hiring of administrative personnel should be taken no later than 31 December 2008.

§ 18. Transition Committee adopts budget 2009 for the new municipality. §§ 39-42 of the legislation on municipal councils and village councils and §§ 1-4 of Executive Order no. 29 of 18 September 1995 on municipal budgeting, accounting, auditing and treasury and accounting shall apply mutatis mutandis.
Subsection. 2.Overgangsudvalget draw up general policies for the new municipality's future activity. Transition Committee shall have tax, tariffs and service levels for the new municipality.

§ 19. The new municipality must harmonize tax collection and tariffs from 1 January 2009.

§ 20. The original municipalities may after 1 May 2008 alone meet expenses shown in the adopted budgets for 2008.
Subsection. 2. The local council of the original municipality may after 1 May 2008 only with the transition committee pre-approval adopting supplementary appropriations for other than statutory spending.
Subsection. 3. Creating and filling of vacant positions in the original municipality in the period from 1 May 2008 to 31 December 2008 requires the transition committee's prior approval.

§ 21. Local councils in the former municipalities must regularly inform the Transitional Committee for the development of municipal finances.
Subsection. 2. The Greenland government may lay down rules for the original municipal financial transactions in the period to 31 December 2008.

§ 22. Transition Committee reviews all the original municipal contracts, agreements and liabilities and decide which ones to continue after 1 January 2009, and which should be executed or modify before that date.

Subsection. 2. The new municipality takes over January 1, 2009 all obligations and rights, as well as all assets and liabilities, incumbent or is for the original municipalities.






Chapter 5

Staff


§ 23. On 1 January 2009 surpasses officials employed in the merged municipalities to employment under the new municipality on terms that are also similar to the old terms. The appointing authority then is the new local council and the appointment area is the new municipality.

§ 24. Staff employed under a collective agreement or individual terms offered to move with the job on the same terms as apply under the employment with the original municipality.






Chapter 6

Financial


§ 25. Finance Committee in the new municipality issues accounts for 2008 for the municipal council. Financial statements prepared for each of the municipalities included in the merger.
Subsection. 2. The municipal council in the new municipality shall submit accounts for audit in the municipality accounts relate.
Subsection. 3. §§ 45 and 48 of the legislation on municipal councils and village councils and §§ 6-8 of Executive Order no. 29 of 18 September 1995 on municipal budgeting, accounting, auditing and cash and accounting services apply mutatis mutandis to financial reporting.

§ 26. The review carried out by it of the municipality accounts relating selected auditing firm and regulated by §§ 46 and 48 of the legislation on municipal councils and village councils and §§ 9-12 of Executive Order no. 29 of 18 September 1995 on municipalities budgeting, accounting, auditing and treasury and accounting.




Chapter 7



Other provisions


§ 27. Transition Committee's work is governed by all public law, including Greenland Parliament Act on open government and Greenland Parliament on case management in public administration.

§ 28. If the transition committee need documents from one of the local councils that function in the original municipalities, and documents in accordance with Rule Act on open government and Greenland Parliament on case management in the public administration in the nature of internal, losing documents not when supplying their internal nature.

§ 29. The outgoing mayors remunerated for the period 1 January - 30 April 2009 according to §§ 17 and 37 on municipal councils and village councils, and Executive Order no. 35 of 5 October 2001 on the remuneration of kommunalbestyrelses- and village board members etc. and mayors and vice mayors.
Subsection. 2. At the same time given the outgoing mayors waiver of the time requirement of Executive Order no. 23 of 12 September 1997 on the mayor pension. The exemption is only given if the outgoing mayor does not continue as mayor of the new municipality.
Subsection. 3. The Home Rule will hold the final cost of the remuneration of mayors for the shortened term of 4 months.

§ 30. Expenses for elections to local councils in the new municipalities, in accordance. § 2. 1, and the congregation representations, see. § 7, divided between the Government and the indigenous municipalities so that municipalities shall pay the costs as specified in §§ 73 and 75 of the Landsting Act on elections for local councils, village councils and community representatives.




Chapter 8



Change in other legislation


§ 31 Ilandstingslov on municipal councils and village councils is amended as follows:
§ 5 shall read:
"§ 5. This law applies to the transition committees for the new municipalities see. Landsting on structural reform of public sector. Where the Landsting Act on structural reform of the public sector are completed or clarifying rules on transitional committee, these rules shall apply prior to the provisions of this Act.
Paragraph. 2. in this regard, considered rules on municipal and local council as applicable the transition committee and the rules for mayor, deputy mayor and 2.viceborgmester as a force for the transition committee chairman, vice chairman and 2.næstformand.
paragraph. 3. the provisions of § 18 paragraph. 3, the tasks are not of the transition committee. "

§ 32. Rule Act on elections for local councils, village councils and ministerial posts are hereby amended as follows:

First
§ 6 repealed.

Second
§ 41-43 repealed.

Third
§ 65 repealed.


Chapter 9

Effective


§ 33. Landsting Act shall come into force on 1 December 2007.
Subsection. 2. Act on Greenland's division into provinces and municipalities repealed on 31 December 2008.





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Hans Enoksen
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Kaj Kleist