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Parliament Act No. 14 Of 5 December 2008 On The Municipal Board

Original Language Title: Landstingslov nr. 14 af 5. december 2008 om den kommunale styrelse

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Parliament Act no. 14 of 5 December 2008 on the municipal board Historically

Modified repeals, hovedlov replaces information

Repealed by
Parliament Act no. 22 of 18 November 2010 on the municipal board

Hovedlov to
Self-Government Order no. 13 of 26 July 2010 on municipal budgeting, treasury, accounting, audit, treasury and accounting
Home Rule Executive Order no. 29 of 18 December 2008 on payment of mayors and vice mayors and kommunalbestyrelses- and settlement directors etc.
Home Rule Executive Order no. 23 of 12 September 1997 on pension and early retirement for mayors and the spouse and children
Home Rule Executive Order no. 29 of 18 September 1995 on municipal budgeting, accounting, auditing and cash and accounting services | ||
Adds to
Self-Government Order no. 13 of 26 July 2010 on municipal budgeting, treasury, accounting, audit, treasury and accounting
Home Rule Executive Order no. 29 of 18 December 2008 on payment of mayors and vice mayors and kommunalbestyrelses- and settlement directors etc.
Home Rule Executive Order no. 23 of 12 September 1997 on pension and early retirement for mayors and the spouse and children
Home Rule Executive Order no. 29 of 18 September 1995 on municipal budgeting, accounting, auditing and cash and accounting services | ||

Chapter 1

General




§ 1. The municipal council manages the municipality's affairs.
Subsection. 2. The municipal council shall establish the means for local government including the Mayor's business in a bylaw. Proposal for bylaw and to changes in the local government must undergo two treatments in the local council at least 14 days apart.
Subsection. 3. The municipal council shall adopt its rules of procedure.
Subsection. 4. The municipal council shall forward a copy of the local government and rules of procedure for the Greenland government.
Subsection. 5. The Cabinet shall prepare a general bylaw and rules which, unless otherwise agreed by the local authority applies and forms the basis of interpretation.

§ 2. Municipality Weapons are reserved for the district authorities. However, the local council may upon application in each case allowing others to use the weapon. A permit for use for commercial purposes may be subject to payment of a fee.


Chapter 2

Municipal

Composition of the municipal council, etc.


§ 3. Local councils in the municipality Kujalleq (South) and in Qeqqata Municipality (middle) consists of 15 members. Local councils in Qaasuitsup Municipality (North) and the Municipality of Sermersooq (East / West) consists of 21 members.
Subsection. 2. ordinary elections to local councils, the municipal councils by the end of the year preceding the election shall decide the number of members must be less than 15 in the Kujalleq and in Qeqqata Municipality and less than 21 in Qaasuitsup Municipality and the Municipality of Sermersooq. The membership shall be uneven and is determined in the local government.

§ 4. The newly elected municipal council will hold its constituent meeting after the election board has ruled on any election complaints and verifying members' eligibility is completed. Convening be made in writing by the member who has long been a member of the municipal council, or if more has been a member just long, the eldest.
Subsection. 2. Until the election of mayor took place, headed the municipal negotiations of the member who has convened the meeting, or this member's absence, the member present who have long since been a member of the municipal council, or if more has been a member ever long, the eldest.

§ 5. The municipal council is responsible for the organization of local administration and the appointment and dismissal of the chief executive.


Election of mayor and deputy mayor


§ 6. At the inaugural meeting elect municipal council initially the mayor from among its members.
Subsection. 2. A candidate is elected as mayor if the candidate obtains more than half of the votes of the members present (absolute majority). If no candidate an absolute majority, made new poll. Does this vote nor absolute majority for a candidate made a third vote between the two candidates who obtained the most votes in the second ballot. In case of a tie, the election shall be decided by lot.

Subsection. 3. After selecting the mayor elect local council among its members a deputy mayor to act in the mayor's absence. The election takes place under the same rules as mayor and led by the newly elected mayor or in the case of absence of the member who has led the mayor.
Subsection. 4. It can be in the local government determined that the municipal council from among its members elect a first and second deputy mayor for in that order to work in the mayor's absence. The election is by proportional representation see. § 34.
Subsection. 5. Election of mayor and deputy mayor applies to the municipal term.

§ 7. Any member of the municipal council is obliged to accept election for mayor or deputy mayor.
Subsection. 2. The local authority may request exemption mayor and deputy mayor of their duties for the remainder of the term of office.
Subsection. 3. When a mayor or deputy mayor from office, dies or resigns from the municipal council, made new elections under the provisions of § 6 for the rest of the municipal term. Are there elected two vice mayors, filled the vacant space, however, the group in the local council, who have chosen that.


Local council meetings, incompetence and absence


§ 8. The local council decides when and where regular meetings. Decisions shall be published at the beginning of each financial year on the way, are commonly used in the municipality and the local council has a duty to inform the Greenland government thereof.
Subsection. 2. this year where new elections to municipal fixed only the dates of ordinary meetings until the end of the month in which the previous municipal council goes by. The newly elected local council lays on the inaugural meeting dates of the ordinary meetings of the rest of the year.
Subsection. 3. Extraordinary meetings if the mayor finds it necessary, or at least 1/3 of municipal council members request it. The mayor will decide the time and place for the extraordinary hold its meetings held. Notification shall be given as far as possible prior to the local citizens and the government.
Subsection. 4. The mayor sends out as far as possible within 4 weekdays before local council meetings agenda for local councilors and if possible no later than 3 working days before the meeting the requisite material to assess the cases that are on the agenda. Municipal Council members have with the limits imposed by the law on secrecy, also the right to review the material presented together with people who are not members of the municipal council.
Subsection. 5. A list of the cases which will be considered at the municipal council meeting and a transcript of the resolution minutes shall, to the limitations provided by law on secrecy, presented one or more locations in the municipality.

§ 9. Local council meetings are public. The local council may decide to treat individual cases in camera, when this is deemed necessary in view of their nature. The question of whether a case warrants the door closing, negotiated behind closed doors, if so determined by the local council or mayor.
Subsection. 2. The local authority may allow persons who are local government employees to attend the consideration of cases in camera. The municipal council may call other people by having the case heard in camera when it is desirable for the sake of inquiry.
Subsection. 3. apply the confidentiality requirements laid. Relevant provisions of the Criminal Code for Greenland, for all participants in the closed municipal meetings.
Subsection. 4. A representative of the government has the right to attend the cases dealt with in camera.

§ 10. A case adoption requires only one reading in the local council, unless otherwise especially provided.

§ 11. The municipal council has a quorum when at least half of the members attending the meeting. Decisions are taken by majority vote, unless otherwise specified.
Subsection. 2. A member may participate in the meeting by telephone or video conference and fax when the member satisfies the requirements of § 15 paragraph. 1 and would be called deputy.
Subsection. 3. The municipal Rules could decide that meetings may be held as telephone or video conference as well as by fax and other communications technologies can be used.

§ 12. Any member of the local council in the course of carrying out its role right to review material submitted in final form with the local administration.
Subsection. 2. An application to case insight by paragraph. 1 addressed to the mayor.

Subsection. 3. The mayor may restrict the right to file insight when it is necessary for the transaction processing or when the case insight also will be associated with excessive difficulties.
Subsection. 4. A member of the municipal council has the right to request to receive a copy of the file on which he is entitled to file insight see. Paragraph. 1-3. The municipal council may lay down guidelines for the exercise of the right to receive case material, including restrictions on the right to do so when this is deemed necessary.

§ 13. Any member of the local council to the local council bring any matter concerning municipal affairs and propose decisions. The committees and the mayor must notify the local council the information it requires and is within the limits set by law in all respects subject to local council decisions.

§ 14. The municipal council decides whether a member has such an interest in a case that the member is excluded from participating in the municipal debate and vote on the matter.
Subsection. 2. A member shall notify the local council if there are factors that can give rise to doubts about the member's impartiality.
Subsection. 3. When a member is likely to be disqualified in relation to a case, the members elected on the list of candidates, including individual candidates require delegate invited to participate in the proceedings.
Subsection. 4. If the local council decision on a member's disqualification, without the delegate is called, the council members who are elected on the disqualified member list of candidates or the disqualified member even if selected as a single candidate, demand that the matter be postponed to the following meeting. Exposure can not happen if 2/3 of the members present oppose this, or if the delay will lead to those deadlines, the municipality is obliged to comply.

§ 15. When one member will be unable to attend a meeting of the municipal council because of illness, pregnancy, childbirth, adoption, the performance of other public office or similar, the members elected at the prevented the member list of candidates, including individual candidates require delegate called for participation in the meeting. For the inaugural meeting or the second reading of the draft annual budget, the delegate can also required convened at maturity for another reason. Is there not on the list of candidates selected any member who is able to require the delegate called, the delegate can even call themselves summoned.
Subsection. 2. When the Mayor becomes aware that a member of the paragraph. l, l. section., reasons will be unable to carry out his official duties in an expected period of at least 2 months, convened by the mayor delegate to the next meeting of the municipal council.
Subsection. 3. The municipal council decides whether the conditions for the delegate's entry is present.
Subsection. 4. When the member again to perform his official duties, will resign from the deputy of the local council.
Subsection. 5. When the deputy mayor or deputy mayor has intervened in accordance with paragraph. 2, and the obstacle has an expected duration of at least 4 months, choosing municipal council in accordance with § 6 the one who during the absence shall perform the functions of mayor or deputy mayor.

§ 16. The municipal council's decisions laid down in a decision record that immediately after each meeting shall be signed by the members who attended the meeting. Any of these may demand his brief dissent into the minutes, and in cases to be forwarded to another authority, require the Authority also made aware of the minutes. That member may at the transmission accompany this with reasons for its position.
Subsection. 2. The mayor ensures that the resolution minutes shall be signed by participants in the meeting, including on decisions taken behind closed doors
Subsection. 3. Within one month after the minutes are signed, shall send to the mayor Landsstyre a copy of the minutes.


Chapter 3

The mayor and vice mayor seem


§ 17. The mayor prepares local council meetings and convene the municipal council members to meetings. The mayor leader municipal debates and votes and ensure that municipal decisions recorded in the minutes.

§ 18. The Mayor can at the local council's behalf decide cases that do not allow any delay or not give rise to doubts.

Subsection. 2. The mayor informs the latest at the next ordinary meeting of the local council on decisions referred. Paragraphs. 1.

§ 19. The mayor is responsible for the daily management of the municipal administration, distribute cases to the committee and shall ensure that cases which require resolution of the municipal council, presented this in the given order. The mayor oversees the proceedings expedition and draw the necessary instructions for doing so.
Subsection. 2. The Mayor shall ensure that no expenditure incurred or income derived without the requisite authorization.

§ 20. The mayor has, without being a member, the right to participate in the negotiations in the standing committee on without voting rights. The mayor informed about the timing of committee meetings and receive the agenda and a copy of the minutes of each meeting.
Subsection. 2. The mayor may call together members of two or more committees to discuss cases of common interest.
Subsection. 3. The mayor can stop processing of an one committee jurisdiction related matter by instructing the committee to refer the matter to the local authority without undue delay. This does not apply to cases where the decision by the legislation is referred to the committee.

§ 21. Documents related to the municipality's purchase and sale of real estate, borrowing and undertaking guarantees must be signed by the mayor or vice mayor and a person authorized by the council.

§ 22. Vice Mayor takes over the duties imposed on the mayor of this Act and the local government when the mayor is unable to fulfill these tasks.
Subsection. 2. Vice Mayor can local council ordered to work in the mayor's place, when it is deemed that the mayor will be unable to perform his duties for a period of at least 21 calendar days.

§ 23. If the mayor refuses to perform a task entrusted to the mayor of this Act or the municipality's bylaw or the rules of procedure, the municipal council may impose vice mayor to perform that task.
Subsection. 2. When the Mayor's serious or repeated refusal of work provided for in paragraph. l mentioned tasks council can require the deputy mayor to serve as mayor until further notice. Vice mayor takes over all tasks assigned to the mayor.
Subsection. 3. The municipal council's decision to suspend the mayor should immediately be submitted to the Board of Supervisors for approval. The decision will enter into force when it is ratified by the Board of Supervisors.
Subsection. 4. A resolution under paragraph. 3 can not be brought before the courts.


Chapter 4

Committee with further

EMAC


§ 24. To attend to the immediate management of local affairs reduces the local council a finance committee.
Subsection. 2. The mayor is the chairman of the finance committee. The other members elected from among the local councilors.
Subsection. 3. The Economics Committee shall consist of an odd number of members and the number can not exceed 1/2 of the municipal council membership. For each member except the mayor be elected a delegate who may be summoned to appear at the annual member's absence.
Subsection. 4. Election of members of the finance committee will take place after the election of mayor and deputy mayor (deputy mayors). The elections for the local council's term of office.

§ 25. Economic Committee's tasks are:
1) Control of financial and administrative matters in all of the municipal administration areas. Economy Committee statement must be obtained on any matter relating to these matters before the matter submitted to the local council for a decision.
2) Addressing the concerns of all matters relating to salary and personnel matters, including hiring and firing of municipal staff except the appointment and dismissal of the chief executive, which is handled by the local council.
3) Handling of cases involving the municipality's cash and accounting services.
4) Handling of the preparation of the general principles of financial planning, which is binding on the standing committees settings to the local council.
5) EMAC is responsible or coordinate municipal sector planning by establishing general rules relating to their mobilization and information.
Subsection. 2. The Economics Committee may also undertake the direct management of other municipal affairs. If the finance committee also handles other municipal affairs, it can be in the local government stipulated that the finance committee designated accordingly.

Subsection. 3. Local councilors who are not members of the Finance Committee, has the right, without speaking, to attend the Committee finalization of the draft annual budget and multiannual budget.


Standing committees


§ 26. The municipal council may also set up standing committees whose composition and jurisdiction established in the local government.
Subsection. 2. The members of the standing committees elected from among municipal council members and shall consist of an odd number of members, which can not exceed 1/2 of the municipal council membership. For each member of the standing committees elected also a deputy who may be summoned to appear before the committee at the regular committee member's absence.
Subsection. 3. Election of members of the Standing Committee will take place after the election of the finance committee. The elections for the local council's term of office.

§ 27. The standing committees elect their own chairman. Any member of the standing committees are required to be elected chairman. The President shall prepare, convene and chair the standing committees, and is responsible for drafting the resolution records of the meetings.
Subsection. 2. The Chairman, on the Standing Committee's behalf decide cases which can not be postponed or not give rise to doubts. The mayor informed in advance of committee chairman's decision of cases which can not be postponed unless there are cases which by law is delegated to the standing committees.
Subsection. 3. Any member of the Standing Committee may, before the Standing Committee refer any questions about the President's activities, and the President shall notify the Standing Committee of the information, the Standing Committee demands. The chairman is in all respects subject to the Standing Committee's decisions.

§ 28. The standing committees conduct their business meetings. The standing committees have a quorum when at least half of the members attending the meeting. The Standing Committee may, at the request of a member decide that the member may attend the meeting using telecommunication technologies.
Subsection. 2. Destående Committee shall adopt their rules of procedure.
Subsection. 3. The rules on decision record, see. § 16 shall apply mutatis mutandis for the standing committees. The standing committee chairmen to ensure that the resolution minutes shall be signed by participants in the meeting and submitted to the Government of Greenland.
Subsection. 4. The Standing Committee may allow persons who are local government employees to attend meetings on the Secretarial, etc. for the standing committees. The Standing Committee may summon other persons, including other members of the local council, to attend the negotiations, when it is desirable for the sake of record keeping.
Subsection. 5. Any member of the local council, with the limitations provided by law on secrecy, the right to request to receive agendas and transcripts of decision summaries distributed to the members of the standing committees, the district council member is not a member, and at the request of the individual case file on the same scale as the standing Committee members.

§ 29. The standing committees manage the affairs which are subject to them, within the framework of the adopted annual budget in accordance with municipal decisions. The standing committee shall ensure that the allocated funds do not deviate from the actual consumption, and make through the Finance Committee recommendation to the municipal council if appropriations addition is considered desirable or necessary.
Subsection. 2. The Standing Committee shall, before the implementation of measures that are essential for a different standing committees negotiate with the said Standing Committee, as necessary, with the involvement of the mayor, see. § 20 paragraph. 2.
Subsection. 3. Destående Committee shall at the request of the Finance Committee and within a period to be determined by the Finance Committee, provide contributions to the annual budget and the multiannual budget.

§ 30. Any member of a standing committee may stop the execution of a decision taken at the meeting to declare that the member wants the matter submitted to the local council for a decision. This does not apply decisions on legislation are assigned to the Standing Committee.


Committee, commissions, etc.


§ 31. The municipal council selects members of the committees, commissions, boards and the like, in which the local council or municipality under other provisions must be represented.
Subsection. 2. Election of members to the committee on takes place after the election of standing committees. The elections for the local council's term of office.

Subsection. 3. Moreover, the local council set up special committees to perform particular tasks or to carry out preparatory and advisory functions for the local council, finance committee or the standing committee. The municipal council determines the special committee's composition and regulate their activities.


Common provisions


§ 32. The municipal council can with the constraints arising from §§ 24 and 25 make provision in the local government on a different form of government than by committees.


§ 33.

The members of the municipal council is obliged to accept election to committees under. §§24, 26og § 31 and to perform other duties as municipal council had to allocate them.
Subsection. 2. The local council may choose to appoint other representatives than councilors if other legislation is specific permission.

§ 34. In the election of two members or more to the committee re-use proportional representation for each committee separately.
Subsection. 2. In the election of members to the committee on how the mayor is a member, included the mayor's place as one of the seats by proportional representation is for the group in the local council, to which the mayor belongs.
Subsection. 3. Should the election of members to the committee with further carried out among both members and non-members of the municipal council, election of all the members of the municipal council must choose by proportional representation for each committee with further apart. The groups can be in the order that mandates accrue to them, appoint members or non-members of the municipal council until one or another of the seats are occupied.
Subsection. 4. Election by proportional representation is made on the basis of the d'Hondt method, as follows: Municipal Council members shared in the groups in which the members have notified the Chairman to vote together at the election. Each group of members is shared with l, 2, 3 and so on. They then quotients indicate the order in which the individual groups can elect their representatives. If two or more quotients are equal, determine the order by drawing lots. When the number of representatives of the component groups are determined, the groups must immediately notify the mayor, the persons appointed to them tilfaldne seats. Provides a group renounced his right to have one or more representatives distributed the vacant seats between the other groups on the front of the specified way.

§ 35. By majority vote, the candidate who obtains the votes of a majority of the members present. If no candidate an absolute majority, made new poll. Does this vote nor absolute majority for a candidate made a third vote between the two candidates who obtained the most votes in the second ballot. In case of a tie, the election shall be decided by lot.
Subsection. 2. The decision on the appointment of a municipal service made the choice between several candidates in the second paragraph. l specified manner.

§ 36. Should a member resign during the election period of a committee on which the member is elected by a particular group in the local, filled the vacant post of the same group.
Subsection. 2. When the committee has any malpractice, the group has elected the member may decide that the member's deputy, in accordance. § 15 paragraph. 2, enters the committee, the duration of absence.

§ 37. A committee will decide whether a member has such an interest in a case that the member is excluded from participating in the discussions on the matter.
Subsection. 2. A member shall inform the committee if there are factors that can give rise to doubts about the member's impartiality.
Subsection. 3. When a member is likely to be disqualified in relation to a case, the council members who are elected on the disqualified member candidate list, and if he is selected as the single candidate, the disqualified member itself, require a deputy summoned to attend in committee.
Subsection. 4. If a committee decides on a member's disqualification, without a deputy is drafted, the council members who are elected on the candidate list, and if he is selected as the single candidate, the member demand that the matter be postponed to the following meeting. Exposure can not happen if suspension would lead to those deadlines, the municipality is obliged to comply.

§ 38. A committee member must not surcharge provide any performance to the branch of the municipal administration carried out by the appropriate committee, without the prior open or where conditions special considerations, according to the municipal council's adoption.

Subsection. 2. Membership of a standing committee is precluded for employees who:
1) of the Standing Committee is directly responsible for the management of an administrative area and their alternates and
2) also perform senior management functions within a management area covered by the standing committee.
Subsection. 3. Membership of the Finance Committee is precluded for employees:
1) in the part of the municipal government, which administers the matters which, according to Section 25 and Chapter 5 is subject to the finance committee,
2) is immediately responsible for or otherwise perform senior management duties in other administrative areas, carried out by the finance committee, and
3) which is directly responsible for the management of an administrative area belonging to a standing committee.
Subsection. 4. No one who lives in marriage or in a relationship equivalent to marriage with a person who is employed by the local council may be a member of
1) a standing committee if the employee under paragraph. 2 are excluded from the membership of the Standing Committee
2) finance committee if the employee is immediately responsible for or otherwise perform senior management functions within finance committee management area, or directly responsible for the management of a, during a standing committee administrative area.


Chapter 5

The municipality's financial management

Annual budget, budget etc.


§ 39. The municipality's financial year is the calendar year.

§ 40. The Finance Committee prepares proposals for the municipal annual budget for the coming financial year to the local council. The proposal must be accompanied by a multi-annual budget, which must last for at least 3 years.
Subsection. 2. The annual budget should cover all revenue and expenditure for the municipality as well as shifts in the municipality's cash and ledger.
Subsection. 3. The annual budget must in all areas reflect the real predictable expenses, income and other movements.
Subsection. 4. The annual budget should not require borrowing, renting or leasing, except with the necessary permission from the Greenland government or the municipal council in accordance with applicable rules can borrow, rent or lease without prior approval from the Greenland government.
Subsection. 5. The Greenland government may lay down rules on budgeting and additional appropriations.

§ 41. Finance Committee's proposal for the annual budget and multiannual budget must undergo two treatments in local councils with at least 2 weeks apart.
Subsection. 2. The municipal council sets the rules of procedure the procedures for the 2 treatments in the draft annual budget and budget estimates.
Subsection. 3. The Cabinet set a final deadline for the second reading of the annual budget, and may also establish rules on the specification of the items in the annual budget, which the local council by the annual budget finally adopted shall take authorization status.
Subsection. 4. Within 14 days of the annual budget is finally adopted, a copy thereof to the Government of Greenland.

§ 42. Within 14 days of the annual budget and the multiannual budget is adopted must be available to local citizens.
Subsection. 2. A brief explanation of the content of the annual budget and the budget estimates should be within the next financial year beginning distributed to residents of the municipality or placed in the local press after the local Board of Directors.

§ 43. The items in the annual budget, which the local council by the annual budget adoption has taken the license status, see. § 40 paragraph. 3, is binding for the municipal government.
Subsection. 2. The budget authority is with the local council. Initiatives that will cause expenses or income not granted in connection with the adoption of the annual budget, must not begin before the local council has received an appropriate license. However, the actions that are required by law, regulation or other binding legal provision, if necessary, be implemented without the municipal council prior authorization, the authorization must then be obtained as soon as possible. The municipal council may authorize the finance committee to castle budget amount from an operating license to a different operating license and from a anlægsbevilling to another anlægsbevilling.
Subsection. 3. Each additional grant must indicate how the allocated expenditure to be covered as well as possible economic impact of the budget estimates. § 41 paragraph. 3 apply mutatis mutandis to additional appropriations.

§ 44. The Cabinet may lay down rules for local access to
1) borrow and assume other liabilities
2) assume guarantees and other contingent liabilities,
3) enter into leases and leases and

4) pledging regular services or the like that municipalities not under this Act is required to provide.


Bookkeeping and accounting


§ 45. The municipality's accounts should provide an overview of how municipal funds are managed, and its management is in line with the annual budget and the municipal council decisions.
Subsection. 2. The municipality's funds shall be kept in a safe manner. Media not for the sake of the daily business must be in cash must be deposited in a bank or placed in such bonds or investment certificates, in which funds may be invested.

§ 46. The municipality's financial statements have been prepared by the finance committee of the local council. The accounts must be accompanied by
1) a list of municipal financial guarantee insurance, rental, leasing and warranty obligations
2) to the extent necessary causal explanatory notes, in particular concerning significant discrepancies between appropriations and accounting and
3) causal explanatory comments on the relationship with municipal investment plans, multi-annual budget, etc.
Subsection. 2. The municipal council decides notes to the accounts and whether there must be follow-up items in the accounts, which the local authority shall give accounts to the auditors and the government.
Subsection. 3. The Cabinet shall lay down rules for financial reporting.

§ 47. The state authorized auditor's notes to the financial statements shall be communicated to the finance committee. EMAC seek response from the municipal authorities if management do not fall under the finance committee. The answer must be included in the finance committee overall recommendation to the municipal council. The municipal council shall decide on the reply to the comments to the financial statements and the financial statements.
Subsection. 2. When the municipal council's decision referred to. Paragraphs. 1 is sent the decision and the state authorized auditor's comments on the Greenland government.
Subsection. 3. Within 14 days of the final financial statements are approved, it must be available for local citizens.

§ 48. Every municipality must have a certified audit, which must be approved by the Greenland government. The local council's dismissal of the state-authorized audit requires Cabinet's consent.
Subsection. 2. The review shall cover all areas of accounting, which belongs to the local council. The audit determined whether
1) accounts are reliable
2) transactions included in financial statements are in accordance with
a) appropriations granted,
b) the municipal council decisions
c) love and other regulations, d) agreements and
e) customary practice.
Subsection. 3. The audit is entitled at any time to carry out unannounced felonies and shall conduct a critical review of the municipality's accounting and related controls established, including computer requirements in order to verify whether these are adequate.
Subsection. 4. The municipal council shall provide and disclose audit the information necessary for his business.
Subsection. 5. § 47 paragraph. 1 and 2 apply mutatis mutandis to audit reports submitted as part of the audit company in accordance with paragraph. 3.

§ 49. The municipal council shall lay down rules on the organization of and procedures for the municipal treasury and accounting in regulations. The regulations shall be sent to the municipal audit, which also must be informed of any change of the rules before the Ordinance comes into force.
Subsection. 2. The Greenland government may lay down rules on the board of the municipal treasury and accounting, auditing and the decision of the audit observations.




Chapter 6



Parish councils


§ 50. elected joint village councils, which must include at least two villages in the same municipality. The municipal council decides on the settlements, who can choose common village council, and whether to choose 3 or 5 members to do so. The decision taken by the end of the year preceding the elections to the joint settlement councils.
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. Settlement Chairman elected for settlement Board's term under the provisions stipulated in settlement procedures of the Board.
Subsection. 4. Settlement The affairs are managed by village councils, as delegated by the local council and selected in accordance with county law on elections to municipal councils, village councils and community representatives.


§ 51. The municipal council shall determine the settlement procedures of the Board rules for village councils' work. The rules may not depart from the rules in Chapter 2 on,
1) the obligation to preparation of written minutes,
2) disqualification in concrete cases
3) the right to require minority opinions added to the minutes.
Subsection. 2. No person who is employed in an administrative position at the village office, may be a member of the village board.
Subsection. 3. Any member of the village board can stop the execution of the resolution at the meeting to declare that the member wants the question submitted to the local council or the municipal committee on whose behalf the village board has taken the decision.

§ 52. Settlement Board may make recommendations to the local council of the settlement conditions. The municipal council shall, whenever possible obtain settlement Board's opinion about everything related to the settlement conditions, and not allocated to the settlement of the Board's own decision.

§ 53. No expenditure shall be borne by the village board without a license from the local council.
Subsection. 2. The municipal council can in the budget set aside a disposition amounts to village councils, which could be used by its own decision on one or more of the following areas:
1) Education and public awareness.
2) Sporting activity.
3) Technical and business utilities.
4) Local business ventures in the settlement.
5) Social activities.
Subsection. 3. Settlement Board must regularly and at least one time each month to send all billing, banking and cash receipt to the local council as evidence of how the transaction amount is used.

§ 54. Settlement Board Chairman shall ensure that the settlement's affairs are managed in accordance with the law and procedure of the settlement board.
Subsection. 2. The municipal council supervises the village councils in their management with the rules of this Act and otherwise manages in accordance with applicable public law.

§ 55. The municipal council makes a fixed payment to village board members within a maximum amount established by the Government of Greenland in accordance. § 56 paragraph. 6
Subsection. 2. The local authority may decide to grant an additional remuneration of chairmen of village councils.
Subsection. 3. Members of bygdebestyrelserer entitled to leave without loss of remuneration in pregnancy and childbirth and adoption of regulations governing leave, etc. and daily allowance during pregnancy, childbirth and adoption.


Chapter 7

Supervision


§ 56. The Cabinet supervises the local councils in their management with the rules of this Act and otherwise manages in accordance with applicable public law.
Subsection. 2. The Cabinet does not monitor the extent specific complaints or regulatory authorities may decide on the case.
Subsection. 3. The Cabinet does not monitor that municipalities comply with the rules of employment.

§ 57. The municipal council shall provide and notify the Greenland government the information and hand over documents The Cabinet requires regarding issues in the municipality.
Subsection. 2. The Cabinet may order the local council to provide comments from the auditors about council decisions regarding the audit reports.
Subsection. 3. The Cabinet may set a deadline for providing and supplying of information and the disclosure of documents under subsection. 1 and 2.
paragraph. 4. Beneficiary controlled for use for the purpose of supervising the working documents pursuant to Rule Act on case management in public administration and Greenland Parliament Act on open government are internal documents shall not lose as a result of the disclosure of their internal nature.
Subsection. 5. The Cabinet may ask other public authorities within their remit to provide the guidance and assistance necessary for performance of the supervision.

§ 58. The Cabinet will decide whether there is sufficient basis to bring a case, the Board of Supervisors.



Supervisors


§ 59. The Board of Supervisors consists of
1) Minister President which is supervisory board chairman,
2) 2 members appointed by the county for each county elections and
3) 2 members appointed by Kanukoka after each municipal election among the newly elected councilors.
Subsection. 2. For each member elected at least one deputy who can be summoned to appear in the member's absence.

§ 60. The Board of Supervisors shall meet at least one time a year and otherwise as often as the chairman or 3 members deem it necessary.
Subsection. 2. The President shall determine the time and place for meetings and convene the members.
Subsection. 3. The President earlier meetings as far as possible members informed about the matters considered at the meeting.

Subsection. 4. The President chairs the Supervisory Board meetings and ensures that decisions are laid down in a decision record that immediately after each meeting shall be signed by the members who attended the meeting. Any of these members are entitled to short to get his dissenting opinion entered in the minutes.

§ 61. Supervisors shall be a quorum when the chairman and at least two of the other members are present.
Subsection. 2. Decisions are taken by majority vote. Equality of votes, the chairman shall have the casting vote. Any member of the Board of Supervisors may stop the execution of a decision taken by the Board of Supervisors, at the meeting to be provided with the minutes a statement that the matter be submitted to The Cabinet decision.
Subsection. 3. A member shall be excluded from participation in the Supervisory Board deliberations and voting in cases involving a municipality, in which the member is a member of the municipal council.

§ 62. The Chairman shall ensure the performance of the Supervisory Board decisions. Chairman, on Oversight Council decide cases that do not allow any delay or not give rise to doubts.
Subsection. 2. The President's decisions submitted to the Board of Supervisors note in the next meeting.
Subsection. 3. The Cabinet shall provide secretarial assistance to the Board of Supervisors.

§ 63. The expenses of the Board of Supervisors company held by the Treasury.

§ 64. Supervisors may put a municipal council, finance committee or its members and a Standing Committee and its members' decision in force when the decision is contrary to law.
Subsection. 2. In considering the matter may Supervisors shall temporarily suspend the decision. Is the decision resolved, it may be suspended or overridden if
1) a party to the Board of Supervisors shall submit a written request and essential considerations, particularly to private interests do not dictate otherwise or
2) no other legislation a complaints body and essential considerations, particularly to private interests do not dictate otherwise.




Chapter 8

Remuneration


§ 65 is granted a fixed remuneration of municipal rank and file. The fee includes members
1) participation in meetings of the municipal council and municipal committees and subcommittees
2) participation in meetings related to the performance of official duties performed by the election of the municipal council, unless otherwise may fixed provision for separate payment,
3) participation in courses of the local council or by the finance committee under the authority of the municipal council is considered to be important for the conduct of the no. 1 and 2 positions,
4) participation in seminars,
5) participating in the audit submission of reports,
6) assume specific municipal duties at the request of the local council or the municipal committee and
7) performing other activities in connection with the Nos. 1-6 those meetings etc.
Subsection. 2. The local authority may decide to grant an additional consideration to the presidents of the municipal standing committee.
Subsection. 3. A delegate who joins the local council receives fixed remuneration for the period for which he serves as a member of the municipal council if this period is at least two months. Similarly, there must be proportional reduction in the fixed remuneration for the local councilor who temporarily resign from the local council, where he is absent for at least two months.
Subsection. 4. A local councilor who temporarily act as chairman of a standing committee for at least 2 months receive supplementary remuneration referred to. Paragraphs. 2. Similarly, there must be proportional reduction in addition remuneration for the committee temporarily not responsible chairmanship if the committee is absent for at least two months.
Subsection. 5. In connection with the performance of official duties can be in accordance with guidelines established by the Government of Greenland provided travel and accommodation allowance for absence from home.
Subsection. 6. The Cabinet can fix rates for fixed remuneration, allowances remuneration, allowances and compensation for lost earnings and the rules for these services payment and budgeting.
Subsection. 7. Everyone is required to receive the benefits due to the person concerned in accordance with paragraph. 1-5.
Subsection. 8. Members of the municipal councils are entitled to leave without loss of remuneration in pregnancy and childbirth and adoption of regulations governing leave, etc. and daily allowance during pregnancy, childbirth and adoption.

§ 66. The Cabinet shall lay down rules on the granting of:
1) Remuneration, pension and early retirement to the mayor.

2) Remuneration of vice mayors or council members designated to take over the mayor's functions in his absence.
Subsection. 2. The local authority may with the Supervisory Board approval, decide that in the cases mentioned in section 23, paragraph. l and 2, any reduction or withdrawal of the remuneration given the mayor.
Subsection. 3. The municipal council shall in the mayor asking the courts against the paragraph. 2 decision taken.

§ 67. Provisions on general wage, employment and pension terms for municipal staff fixed to the extent that such provisions are established by official legislation, by or by agreement between the Cabinet and Kanukoka.

§ 68. Supervisory Board members are remunerated in accordance with Rule Act on fees etc. to members of the parliament and the government, etc.


Chapter 9

Penalties and compensation


§ 69. Should the municipal council to perform an action that it has a legal obligation to perform may Supervisors shall instruct the members of the municipal council, which is responsible for the omission, periodic penalty payments.
Subsection. 2. Supervisors may sue a local councilor responsible for the municipality suffered a loss.
Subsection. 3. The Board of Supervisors may waive action against that that member within a specified time pays a specified sum to the municipality. By determining the amount can be taken of the fault shown, damage and other circumstances. If the member agrees to pay the amount and pay this within the time limit, can not be filed additional claims against the person concerned.
Subsection. 4. A member can not avoid responsibility by abstaining.

§ 70. If a local councilor in damages found liable for a loss which will be under construction to his duties caused municipality, compensation may be reduced or completely withdrawn to the extent deemed reasonable in view of the fault shown, damage and other circumstances.

§ 71. A local councilor who is guilty of gross disregard to the duties of local council member's duties entail, may be fined.
Subsection. 2. Reprimand, see. Paragraph. 1, be subject to the Supervisory Board request.




Chapter 10

Commencement


§ 72. Landsting Act shall come into force on 1 January 2009.
Subsection. 2. At the same time Rule Act no. 20 of 3 November 1994 on municipal councils and village councils
Subsection. 3. The requirement in §§ 47 and 48 of chartered accountants will enter into force on 1 January 2012.
Subsection. 4. Notices issued pursuant to the previously applicable legislation on municipal councils and village councils remain in force until they are amended or repealed by regulations prescribed pursuant to this Act.



Greenland, December 5, 2008




Hans Enoksen
/
Peter Schultz