Authorizes The Government To Establish The Legal Framework Of The Structure And Organization Of The Services Of The Municipal Administration, Repealing Decree-Law No. 116/84, Of 6 April

Original Language Title: Autoriza o Governo a estabelecer o regime jurídico da estrutura e organização dos serviços da administração autárquica, revogando o Decreto-Lei n.º 116/84, de 6 de Abril

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624449344e6931594c6d527659773d3d&fich=ppl286-X.doc&Inline=false

1 PROPOSAL of law No. 286/X/4th explanatory memorandum the structure and organization of organs and local services are governed at present by Decree-Law No. 116/84, of 6 April a diploma with about 25 years of today reveals clearly the reality of Misfit local administration. Indeed, the consolidation of democratic local government autonomy in recent decades, translated into strong focus on decentralization of powers in various sectors, to local authorities, assumes an organization of organs and local services in a way that will allow them to give a better response to requests from their new duties and responsibilities. It is necessary, therefore, to review the law that governs the functioning of organs and local services the new organizational realities, permitting the exercise of their functions in accordance with an operating model. The purpose of this initiative is to provide local authorities of conditions which enable them to fulfil their responsibilities in respect of both the ample pursue local interests by nature, the pursuit of general interests, however, can be achieved more efficiently by local government, by virtue of your close relationship with the people, within the framework of the constitutional principle of subsidiarity.

2 improvement of the conduct of the mission, functions and the responsibilities of local authorities, as well as the competence of the respective organs and services, implies the reduction of the structures and decision-making levels-avoiding the dispersion of functions and powers by small organic units and the use of flexible working models in the light of the objectives, personnel and technologies available. The implementation of these two objectives will produce a local government whose mode of operation is fundamentally based on simplification, streamlining and re-engineering of administrative procedures, efficiency, effectiveness, quality and agility to their duties and a rationalisation of services and establishing working methodologies, aggregation and sharing services that satisfy the needs common to various organic units. The legal framework in force in several areas of action of the organs and local services, like urban licensing, performance evaluation and the status of personnel, provides the dematerialization of processes, sharing objectives, administrative simplification and the adoption of new forms of relationship with neighbours, showing that all the conditions are fulfilled to overcome the traditional spraying functions distributed by various organic units that rigidly do not communicate with each other and the lack of recognition of merit and good organizational performance. In this sense, through the proposal of law and future Ordinance, ensure greater rationality and operation of local services, ensuring that greater decision-making autonomy always return a more direct accountability of elected representatives.

3 have been consulted government organs of the autonomous regions and the National Association of Portuguese municipalities. She was promoted to audition for the National Association of Parishes. The procedures were observed as a result of law No. 23/98 of 26 May. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following proposal of law: article 1 subject-matter is granted authorization to the Government to revoke the Decree-Law No. 116/84, of 6 April, amended by law No. 44/85, of 13 September, by Decree-Law No. 198/91, of 29 may , by Act No. 96/99, July 17, and by Act No. 169/99 of 18 September, and to approve the new legal regime of the Organization of services of local authorities. Article 2 this law Sense of legislative authorization is granted to allow the Government to repeal of Decree-Law No. 116/84, April 6, on your current wording, with a view to the adoption of a new legal regime applicable to the Organization of services of local authorities, in order to achieve greater effectiveness and efficiency in the functioning of the same. Article 3 extension to extension of legislative authorization granted is as follows: 4 a) Define how principles of organization, structure and functioning of the services of the municipal administration the principles of unity and effectiveness of the action of bringing the services to citizens, de-bureaucratization, rationalisation of resources and efficiency in the allocation of public resources, quantitative and qualitative improvement of the service provided and the guarantee of citizens ' participation; b) Set the internal structure of municipal administration consists of the layout and organization of the units and subunits of the respective organic services; c) Define the process of restructuring of the services of the municipal administration arises pursuant to Decree-Law No. 200/2006, of 25 October, and includes all operations and decisions necessary for the implementation of the changes introduced in the respective attributions, powers and organizational structure; d) Define the process of restructuring takes place during the period of 60 working days, racing direction to the Mayor, in the case of municipalities, and the junta de freguesia, in the case of parishes; and that it is up to the House) set Hall, on a proposal from the City Council, the approval of the organic structure model of nuclear structure by setting the corresponding nuclear organic units, the maximum number of flexible organic units, organic subunits, project teams and multidisciplinary teams; f) Set racing to the Town Hall, under the Mayor's proposal, the creation of flexible organic units and the definition of the respective roles and responsibilities, within the limits set by the municipal Assembly, the creation of project teams and multidisciplinary teams and the definition of the remuneration status of its Chairman;

5 g) Define that the President of the City Council the conformation of the internal structure of the organic units and multidisciplinary project teams, with the allocation or reallocation of staff from its map, and also the creation, modification and extinction of organic subunits; h) Set racing to the parish Assembly, on a proposal from the Parish Council, approve the organic structure model, set the maximum number of flexible organic units and the maximum number of total organic subunits; I) Set to the Parish Council, on a proposal from the President of the Parish Council, create units and subunits flexible organic and define their duties and responsibilities, within the limits set by the Council; j) Define that the Parish Council the conformation of the internal structure of the organic units, the allocation or reallocation of staff from its map, and also the creation, modification and extinction of organic subunits; l) Define the internal organization of municipal services must be adequate to the tasks of the municipality, according to a hierarchical structure or model of matrix structure; m) set when it is exclusively the hierarchical structure, and since if appropriate, with a view to increasing flexibility and efficiency in the management, can be created, by reasoned decision of the City Council, on a proposal from its Chairman, temporary and project teams with objectives specified, run by municipal project directors;

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n) allow the internal hierarchical structure is composed of organic and flexible nuclear units, and the nuclear structure of the services be approved by the City Council, and may be composed of directorates or municipal departments, but always a corresponding fixed organisational structure, and being flexible services structure composed of flexible units, run by a municipal Division, created , amended and terminated by order of the President of the City Council, which will define the respective competences, as well as the allocation or reallocation of their map, according to the previously fixed ceiling; the) allow, when are predominantly concerned execution functions, can be created by order of the Mayor, organic subunits within the organic units; p) Determine that reasoned deliberation of the municipal Council for the creation of project teams must establish the project title, the terms and the term of Office, with a clear definition of the objectives to be achieved, the appointment of the project manager, the number of elements that must integrate the project team and their respective roles, and the respective budgetary costs and place; q) Determine that it is up to the City Council, on a proposal from the City Council, the fixing of the remuneration status of chiefdoms, by equating the status remuneration of the directors of municipal Department or municipal Division Chiefs, as well as the determination of the maximum number of multidisciplinary teams, and that the Constitution and the appointment of members of the multidisciplinary teams and their managers to be held to between staff of the services is made through resolution of the City Council, on a proposal from the President of the Chamber;

7 r) Secure the services of the local government agencies are, by law, subject to annual internal evaluation, defined in the regulation itself, which should contribute to modify and refine policies, programmes or projects, improve the response of the services to their users, improve decisions, streamline resources and highlight the responsibility, and must be submitted to the City Council along with the proposed budget, the annual plan of activities for the following year, whose breakdown should reflect the internal organization of services; s) Determine the internal organization of the services of the Parish Councils should be adequate to the tasks and to their staff and may include the existence of organic units, headed by a leader of the second degree, provided they have at least five employees, two of whom are senior technicians; t) set to the middle management positions of the 2 second of parishes is applied, mutatis mutandis, the staff regulations of the personnel of municipalities and municipal services; u) Determine that the city councils and Parish Councils should promote the review of their services until 31 December 2010.



8 article 4 term legislative authorization granted by this law lasts for 90 days.

Seen and approved by the Council of Ministers of 7 May 2009 the Prime Minister the Minister of Presidency the Parliamentary Affairs Minister 9 the structure and organization of organs and local services are governed at present by Decree-Law No. 116/84, of 6 April a diploma with about 25 years of today reveals clearly the reality of Misfit Local Administration. Indeed, the consolidation of democratic local government autonomy in recent decades, translated into strong focus on decentralization of powers in various sectors, to local authorities, assumes an organization of organs and local services in a way that will allow them to give a better response to requests from their new duties and responsibilities. We must, therefore, the adaptation of legislation that regulates the functioning of the organs and local services the new organizational realities, permitting the exercise of their functions in accordance with an operating model. This objective is in fact in line with the public administration reform has been undertaken by this Government. The modernization of public administration is an essential piece of the Government's strategy of growth for the Country. Were made, from the past, all the Diagnostics, waiting for a long time, a mythical "great reform of the public administration". This Government chose the path of driving a reform process made of positive steps, firm and consistent, to achieve a more efficient public administration, to serve citizens and businesses, at the height of what is expected of a modern State. In this context, the present Ordinance if articulate with the set of qualifications relating to the reorganization of the Central Public Administration, without, however, forgetting, the recognized specifics of exercising functions in local government.

10 the objective of this review is to provide the local authorities to fulfil their responsibilities and respect of both the ample pursue local interests by nature or the general interests which can be pursued more effectively by the local administration in virtue of your close relationship with the people, within the framework of the constitutional principle of subsidiarity. The improvement of the conditions of the exercise of the mission, functions and duties of local authorities and skills of their organs and services rooted in decreasing of the structures and decision-making levels, avoiding the dispersion of functions or powers by small organic units, and the use of flexible working models in the light of the objectives, personnel and technologies available, the simplification, streamlining and re-engineering of administrative procedures with efficiency, effectiveness, quality and agility to their duties and a rationalisation of services and establishing working methodologies, aggregation and sharing services that satisfy the needs common to various organic units. The legal framework in force in several areas, such as urban licensing, performance evaluation and the status of personnel, provides the dematerialization of processes, sharing objectives, administrative simplification and adopting new forms of relationship with the citizens, by which conditions are fulfilled to overcome the traditional spraying of functions, distributed by various organic units that rigidly do not communicate with each other and the lack of recognition of merit and good organizational performance. In that sense, it was through this Bill, ensure greater rationality and operation of local services, ensuring that greater decision-making autonomy always return a more direct accountability of elected representatives.

11 were heard the Government organs of the autonomous regions, the National Association of Portuguese municipalities and the National Association of Parishes. The procedures were observed as a result of law No. 23/98 of 26 May. So: the use of legislative authorization granted by law No ... ... ... ... ... ... ... ... .., and in accordance with subparagraph (a)) of paragraph 1 of article 198 of the Constitution, the Government decrees the following: chapter I General provisions Article 1 subject-matter this Decree-Law establishes the Organization of services of local authorities. Article 2 Scope this decree-law shall apply to the services of the municipal administration of municipalities and parishes. Article 3 Principles the Organization, structure and functioning municipal administration staff should be guided by the principles of unity and effectiveness of the action of bringing the citizens services, the bureaucracy, the rationalization of resources and efficiency in the allocation of public resources, quantitative and qualitative improvement of the service provided and the guarantee of citizens ' participation, as well as by other constitutional principles of administrative activity hosted by the code of administrative procedure.

12 Chapter II Organization of the services of the municipal administration section 1 common provisions article 4 1-internal structure the internal structure of municipal administration consists of the layout and organization of the units and subunits of the respective organic services. 2-for the purposes of this Ordinance, be deemed to be: a) organic units, the units led by personnel; b) organic Subunits, units led by staff with coordination functions. Article 5 1 services restructuring-the restructuring of municipal services comprises all operations and decisions necessary for the implementation of the changes introduced in the respective attributions, powers and internal organic structure. 2-the process of restructuring of the municipal administration services aims: a) nuclear organic units; b) flexible organic units; c) organic Subunits.

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3-the restructuring process begins after the entry into force of the Act that it shall approve them: a) in the case of municipalities: i) the City Council, on a proposal from the City Council, when concerned are organic nuclear units; II) the Mayor, when organic units are concerned, or organic subunits. b) in the case of local authority services, the City Council, on a proposal from the Board of Directors its; c) in the case of parishes, the parish Assembly, on a proposal from the Parish Council. 4-the restructuring process takes place during the period of 60 working days, racing direction to the Mayor, in the case of municipalities, and the junta de freguesia, in the case of parishes. Article 6 Procedure in the case of 1-restructuring After the decision to initiate the procedure of restructuring, the organ responsible for your course elaborates: the) list of activities and procedures that must be operated for the attainment and exercise of the duties and responsibilities and for achieving the objectives, in accordance with existing budgetary availabilities; b) list of posts needed to ensure the activities and procedures referred to in the preceding paragraph, per unit and, or, organic subunit, where appropriate, identifying the career and functional areas, habilitacional and geographical, when necessary, with the reasons therefor and in accordance with existing budgetary availabilities;

14 c) thematic map the number of existing staff in the service and the number of jobs referred to in the preceding paragraph. 2-the lists and the map referred to in the preceding paragraph are submitted for approval to the executive body. 3-Notwithstanding the provisions of paragraph 7, when the number of jobs is lower than the number of existing herds in the service there is place the placing in position of special mobility or, where applicable, the implementation of the appropriate provisions of termination of the legal relationship of public employment. 4-for the purposes of the preceding paragraph, include in existing in the service personnel who pursues functions on a Commission basis, providing service of public interest and internal mobility. 5-for the purposes of paragraph 3, not included in existing herds in service: a) the guys officiating roles in another organ, agency or entity in one of the arrangements referred to in the preceding paragraph; b) personnel in any situation, which remains in this situation, by applying the respective scheme. 6-in the course of the restructuring procedure arises also the voluntary staff mobility period, during which the refusal of requests for General mobility formulated by other services must be properly grounded. 7-the staff referred to in paragraph 4 that, at the end of the restructuring procedure, should not continue to serve in the restructured service, may choose to return to your source service. 8-the staff referred to in point (a)) of paragraph 5 shall be notified of the initiation of the procedure of restructuring, for wanting to communicate to your source service, within 10 working days of notification: 15 a) back to your source service, applying the system of existing herds in the service; or (b)) the ticket on a map of the service where it exercises functions, existing service agreement, with the nature of the appropriate link to the map type of staff concerned. 9-in the absence of the notification referred to in the preceding paragraph, the staff there referred to is immediately placed in a situation of special mobility. 10-For the personnel selection put in situation of mobility especially apply the methods referred to in articles 16 to 18 of law No. 53/2006, of 7 December. Section II municipal services article 7 powers of the City Council to the City Council, on a proposal from the City Council, shall: a) to approve the organic structure model; b) approving the nuclear structure, defining the corresponding organic nuclear units; c) set the maximum number of flexible organic units; d) set the maximum number of total organic subunits; and) Define the maximum number of project teams; f) set the maximum number of multidisciplinary teams.

16 Article 8 powers of the town hall to Town Hall, under the Mayor's proposal, shall: a) Create flexible organic units and definition of the respective roles and responsibilities, within the limits set by the Council; b) Create project teams; c) Create multidisciplinary teams and definition of remuneration of its leader status. Article 9 powers of the Mayor When the Mayor is conformation of the internal structure of the organic units and multidisciplinary project teams, with the allocation or reallocation of staff from its map, and the creation, modification and extinction of organic subunits. Article 10 types of organization 1-the internal organisation of municipal services must be adequate to the tasks of the municipality, according to the following models: a) hierarchical structure; b) matrix Structure. 2-whenever adopted a structural model should be distinguished the joint areas of activity for each model adopted, in particular with regard to the provisions of paragraph 1 of the preceding article.

17 3-When is exclusively adopted the hierarchical structure, and since if appropriate, with a view to increasing flexibility and efficiency in the management, can be created, by reasoned decision of the City Council, on a proposal from its Chairman, temporary and project teams with objectives specified, run by municipal project directors. 4-the organic structure referred to in this article shall be approved by the City Council, on a proposal from the Chamber and published in Diário da República. Article 11 hierarchical structure 1-internal hierarchical structure consists of organic and flexible units. 2-the nuclear structure of the services is approved by the City Council, and may be composed of directorates or municipal departments, but always a corresponding fixed organisational structure. 3-the flexible structure of the services is composed of flexible units, run by a municipal Division, created, amended and terminated by order of the President of the City Council, which will define the respective competences, as well as the allocation or reallocation of their map, according to the previously fixed ceiling. 4-When are predominantly concerned execution functions, can be created by order of the Mayor, organic subunits within the organic units.

18 5-under the ceiling previously fixed by resolution of the City Council, on a proposal from the Board, flexible organic units are created, altered or extinguished by order of the President of the Chamber, which will define the respective roles and competences, as well as the allocation or reallocation of staff from its frame. 6--the order referred to in the preceding paragraph is published in the Diário da República, under penalty of ineffectiveness. Article 12 project teams 1-reasoned deliberation of the municipal Council for the creation of project teams should establish mandatory: a) the designation of the project; b) the terms and the term of Office, with a clear definition of the objectives to be achieved; c) the appointment of the project manager; d) the number of elements that must integrate the project team and their respective roles; and its place and charges). 2-the project team considered automatically extinguished once the expiry for which it was constituted, without prejudice to its mandate could be extended by resolution of the City Council, on a proposal by its President, based which should refer, in particular, the degree of achievement of the initial objectives. 3-the project team, the project manager draws up a report of the work carried out and the results achieved, which is submitted to the City Council.

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4-the determination referred to in paragraph 1 shall be published in the Diário da República, under penalty of ineffectiveness. Article 13 matrix Structure 1-matrix structure is adopted whenever the operating areas of the services may develop primarily for projects, and should be grouped by skill or nuclei of well identified product, to ensure the establishment of multidisciplinary teams based on functional mobility. 2-it is up to the City Council, on a proposal from the City Council, the fixing of the remuneration status of chiefdoms, by equating the status remuneration of the directors of municipal Department or municipal Division Chiefs, as well as the determination of the maximum number of multidisciplinary teams. 3-the Constitution and the appointment of members of the multidisciplinary teams and their managers to be held to between staff of the services is made through resolution of the City Council, on a proposal from the Mayor. 4-the determination referred to in the preceding paragraph is published in the Diário da República, under penalty of ineffectiveness. Article 14 Assessment 1-the municipal services are, by law, subject to annual internal evaluation, defined in the regulation itself, which should contribute to: a) Modify and improve municipal policies, programmes or projects; b) improve response services to their users; c) Improve decisions;

20 d) Rationalizing the resources; and) Highlight the responsibility. 2-To comply with the provisions of the preceding paragraph, is submitted to the City Council, along with the proposed budget, the annual plan of activities for the following year, whose breakdown should reflect the internal organization of the services. Section III Parish Councils services article 15 Competences of the Assembly of parish parish Assembly, on a proposal from the Parish Council, shall: a) to approve the organic structure model; b) set the maximum number of flexible organic units; c) set the maximum number of total organic subunits. Article 16 responsibilities of the Parish Council the Parish Council, on a proposal from the President of the Parish Council, create units and subunits flexible organic and definition of the respective roles and responsibilities, within the limits set by the parish Assembly. Article 17 powers of the President of the Parish Council to the President of the junta de freguesia competes the conformation of the internal structure of the organic units, the allocation or reallocation of staff from its map, and the creation, modification and extinction of organic subunits.

21 Article 18 1-Organization the internal organization of the services of the Parish Councils should be adequate to the tasks and to their staff. 2-the internal organisation of the services may include the existence of organic units, headed by a leader of 2nd degree, provided they have at least five employees, two of whom are senior technicians. 3-When are predominantly concerned implementation tasks can be created organic, integrated or not subunits in organic units, provided that they have at least four workers integrated into careers of 2 degree of complexity. 4-The organic and organic subunits units are created by resolution of the Assembly of parish, on a proposal based of the Parish Council. 5-the resolutions referred to in the previous paragraphs are published in the public notice, the post of parish-style seats, under penalty of ineffectiveness. 6-The middle management positions of the 2nd degree of parishes is applied, mutatis mutandis, the staff regulations of the personnel of municipalities and local authority services. Article 19 The organic units of the Assessment are evaluated in accordance with the law, which should contribute to: a) Modify and refine policies, programmes or projects;

22 b) Improve the response of the services to its users; c) Improve decisions; d) Rationalizing the resources; and) Highlight the responsibility. Chapter III transitional and final provisions article 20 revision of the internal structures of the city councils and Parish Councils should promote the review of their services, in compliance with the provisions of this Act, until 31 December 2010. Article 21 autonomous regions the provisions of this decree-law shall apply directly and immediately to the services of the local authorities of the autonomous regions of the Azores and Madeira, without prejudice to the possibility of introducing adaptations by own diploma, when required by the regional specificities. Article 22 set Standard is revoked Decree-Law No. 116/84, of 6 April, amended by law No. 44/85, of 13 September, by Decree-Law No. 198/91, of 29 may, by the law No. 96/99, of 17 July and by law No 169/99 of 18 September. Seen and approved by the Council of Ministers of the Prime Minister and State Minister of finance