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Proposal for Law No 321 /XII

Exhibition of Motives

The Law No. 2/2004 of January 15, which approved the status of the personal staff of the

services and bodies of the central, regional and local government of the state, establishes its

own application to the local administration, with the necessary adaptations, by decree-

law.

The Act No. 49/2012 of August 29, amended by Law No. 82-B/2014 of December 31,

which proceeded to adapt that law to the local administration, not only provides that with the exception

of section III of Chapter I, Law No. 2/2004 of January 15 applies to the official staff

of the municipal chambers and the municipalized services, with the adaptations laid down therein,

how it establishes that the status of the official staff of other municipal entities or

equiparades is regulated by special legislation.

In matters of organisation of services, Law No. 49/2012 of August 29, amended by

Law No. 82-B/2014 of December 31, did not establish any rule in respect of

intermunicipal entities.

For its part, Law No. 75/2013 of September 12, amended by the Laws No. 25/2015, of 30

of March, and [Reg. PL 134/2015], which established the legal regime of local authorities,

approved the status of the inter-municipal entities, established the legal regime of the

transfer of state competences to local authorities and to entities

inter-municipal and approved the legal regime of the municipal associativism, stipulates, in its

article 106, that inter-municipal entities can create technical support services and

administrative and that the respect of nature, structure and functioning are defined in

internal regulation, approved by the board of the inter-municipal entity, on a proposal from the

metropolitan executive committee or the inter-municipal executive secretariat.

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However, that law is silent on the leadership positions of the support services

technical and administrative of the inter-municipal entities.

The present proposed law thus comes to establish the legal regime of the organization of the

referred to services of the inter-municipal entities, taking into account the provisions of the rental

Article 106 of Law No 75/2013 of September 12, amended by Laws 25/2015, of 30

of March, and [Reg. PL 134/2015], and the status of the official personal respect.

Additionally, and with regard to the system of requalification of workers, whose

general regime is stated in the General Labor Law in Public Functions, passed by the Law n.

35/2014, of June 20, it is important to emphasize that at the municipal level, the skills in

requalification matter is exerted by the managing entities for the requalification in the

authorities (EGRA), which now go on to be taken over by the inter-municipal entities.

It was heard from the National Association of Portuguese Municipalities.

Thus:

In accordance with Article 2 (2) of Law No 49/2012 of August 29, amended by the Law

n 82-B/2014, of December 31, and of the d ) of Article 197 (1) of the Constitution, the

Government presents to the Assembly of the Republic the following proposal for law:

CHAPTER I

General provisions

Article 1.

Object

1-A present law establishes the legal regime of the organization of technical support services

and administrative of the inter-municipal entities, henceforth designated by services,

created under Article 106 of Law No 75/2013 of September 12, as amended by the

Laws n. 25/2015, of March 30, and [Reg. PL 134/2015].

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2-A present law further establishes the status of the governing staff of entities

intermunicipal, in accordance with the provisions of Article 1 (4) of the Law

n ° 2/2004 of January 15, and in Article 2 (2) of Law No 49/2012 of August 29,

amended by Law No. 82-B/2014 of December 31.

Article 2.

Scope of application

This Law applies to metropolitan areas and inter-municipal communities.

CHAPTER II

Reorganization of services of metropolitan areas and communities

intermunicipal

Article 3.

Reorganization of services

1-A The reorganisation of services is done by amending the internal regulation referred to

in Article 106 (2) of Law No 75/2013 of September 12, as amended by the Laws

n. ºs 25/2015, of March 30, and [Reg. PL 134/2015].

2-To the reorganization process referred to in the preceding paragraph, which comprises all the

operations and decisions necessary to bring about the changes introduced in the nature,

structure and operation of the service, the provisions of the Decree-Law No. 200/2006, apply,

of October 25.

Article 4.

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Competencies of metropolitan councils and inter-municipal councils

To metropolitan councils and inter-municipal councils, under proposal,

Respect, of the metropolitan executive committee and the executive secretariat

intercity, compete:

a) Approve the model of the organic structure of the respected services;

b) Approve the nuclear structure of the respected services by setting the correspondents

nuclear organic units;

c) Define the maximum number of flexible organic units;

d) Define the maximum total number of organic subunits;

e) Define the maximum number of multidisciplinary teams, as well as the status

remunerative of the heads of team;

f) Define the maximum number of project teams.

Article 5.

Competencies of the metropolitan executive committee and the executive secretariat

intercity

To the metropolitan executive committee and to the intermunicipal executive secretariat compete:

a) Create flexible organic units and define the respective assignments and

competences, within the limits set;

b) Creating multidisciplinary teams, within the limits set, to designate the respect

head of team and determine their remunerative status;

c) Create project teams, within the limits set;

d) Create, within the limits set, change and extinguish organic subunits;

e) Conforms to the internal structure of organic units and project teams and

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multidisciplinary, while also being given the affectation or reallocation of the staff of the

respect map.

Article 6.

Competences of the official staff

1-The holders of the direction positions of metropolitan areas and communities

intermunicipal, henceforth designated by leading positions, exercise, in respect

organic unity, the following competences:

a) Submit the dispatch of the metropolitan executive board or the secretariat

intermunicipal executive, properly instructed and informed, the subjects whose

decision competes in these bodies;

b) Collaborate in the elaboration of the instruments of forecasting and reporting and

accounts;

c) Studying the problems of which they are tasked by the chairmen of the council

metropolitan or the intercity council, or still by the first-

secretaries, and propose the appropriate solutions;

d) To promote the implementation of the decisions of the organs of the intermunicipal entities in the

subjects of the competence of the organic unit that drives.

2-Compete still to the holders of the leading posts:

a) Define the acting goals of the organic drive that drive, taking into account

the established general objectives;

b) Guide, control and evaluate the performance and efficiency of services in your

dependence, with a view to the implementation of the activities plans and the pursuit of the

results to be achieved;

c) Ensure the coordination of activities and the technical quality of the provision of the

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services in their dependence;

d) Manage, with rigour and efficiency, human, heritage and technological resources

affections to its organic unit, optimizing the means and adopting measures that

allow to simplify and speed up procedures and promote approximation to

society and other public services;

e) To ensure the technical quality of the work produced in your organic unit and

ensure compliance with deadlines appropriate to the effective provision of the service,

taking into account the satisfaction of the interest of the recipients;

f) Carry out professional monitoring in the workplace, supporting and

motivating employees and providing them with the appropriate knowledge

and professional skills necessary for the exercise of their duties, as well as the

procedures most appropriate to the increment of the quality of the service to be provided;

g) Disseminate to the employees the internal documents and standards of

procedure to be adopted by the service, as well as to debate and clarify the actions to

develop for the fulfillment of the objectives of the service, so as to ensure the

commitment and the assumption of responsibility on the part of employees;

h) Proceed objectively to the assessment of the merit of employees, in function

of the individual and group results and the way in which each engage in the

pursuit of the goals and the team spirit;

i) Identify the specific training needs of employees of your unit

organic and to propose the frequency of the training actions deemed appropriate to the

supply of the respects needs, without prejudice to the right to self-training;

j) Proceed to the effective control of the assiduity, punctuality and fulfillment of the

normal period of work, by the employees of their organic unit;

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k) Authorize the passage of filings of documents filed in the respect

organic unit, except when they contain classified matter, as well as the

restitution of documents to those interested.

Article 7.

Types of internal organization

1-A The internal organisation of the services shall be appropriate to the respective assignments and

obeys the following models:

a) Hierarchized structure;

b) Matrix structure;

c) Mixed structure.

2-When it is uniquely adopted the hierarchized structure, and as long as it is justified,

with a view to increasing flexibility and effectiveness in management, they can be created, by

reasoned deliberation of the inter-municipal council, under proposal of the respect

president, temporary project teams and with specified goals.

3-Whenever the mixed structure is adopted, the areas of activity are to be distinguished by

each of the other two models and shall, in particular, comply with the provisions of paragraph 1 of the

article 9.

Article 8.

Hierarchized structure

1-A The hierarchized structure consists of nuclear and flexible organic units.

2-A The nuclear structure of the service is composed of metropolitan departments or

intermunicipal, always corresponding to a fixed departmentalization.

3-A The flexible structure is composed of divisions.

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4-A creation, alteration or extinction of organic units within the framework of the flexible structure

aims to ensure the permanent suitability of the service to the operating needs and

of optimization of resources, taking into account the programming and judicious control of the

costs and results.

5-When they are predominantly in question functions of an executive nature, they may

be set up, within the framework of the organic units, by decision of the executive board

metropolitan or intermunicipal executive secretariat, and within the limits set,

respect, by the metropolitan or inter-municipal councils, subunits

organic co-ordinated by a technical coordinator, without prejudice to the provisions of paragraph 3

of Article 88 of the General Labor Law in Public Functions, passed by the Law

n. 35/2014, of June 20.

6-The act approving the nuclear structure of the service is published in the Journal of the Republic , under

penalty of legal ineffectiveness.

7-A organization by specialty should not impair the functional mobility of the

leaders and the remaining staff.

Article 9.

Matrix structure

1-A The matrix structure is adopted whenever the operative areas of the services are able

develop essentially by projects, owing to grouping themselves by nuclei of

well-identified skills or product, aiming to ensure the constitution of

multidisciplinary teams based on functional mobility.

2-A The designation of the chefias of the multidisciplinary teams is made from among effectors of the

service and published in the Journal of the Republic , together with a note on the curriculum

academic and professional of the nominee .

3-The heads of multidisciplinary teams can be committed the fixed skills

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for the holders of the leading posts.

4-A remuneration of the heads of multidisciplinary teams is established by equiparation

to the remuneration of the intermediate direction positions of 1. degree or lower.

CHAPTER III

Status of the official staff of the inter-municipal entities

Article 10.

Leading posts

1-The leading positions of metropolitan areas and inter-municipal communities are

the following:

a) Director of department, which corresponds to interim direction of 1. th

degree.

b) Head of division, which corresponds to the post of intermediate direction of 2. degree.

2-A The organic structure can predict the existence of intermediate direction positions of 3.

degree or lower.

3-In the case provided for in the preceding paragraph, it is up to the metropolitan executive committee or the

inter-municipal executive secretariat, the definition of the competences, of the area, of the

recruitment requirements, among which the requirement for graduation and the period of

appropriate professional experience, as well as the remuneration, which you owe

be fixed between 3 th and 6 nd remunerative positions, inclusive, of the general career of technical

top.

Article 11.

Recruitment and selection

1-The holders of the leading posts are recruited, by concursal procedure, from among

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workers with undetermined, licensed public employment bond, graduates,

endowed with technical competence and aptitude for the exercise of direction functions,

coordination and control, which meet six, four or two years of experience

professional in roles, positions, careers, or categories for whose exercise or

provement is required a degree, depending on whether it addresses directing positions

intermediate of 1. degree, 2 degree or 3 degree or lower, respectively.

2-In cases where the concursal procedure is deserted or in which none of the

candidates assemble conditions to be designated, the holders of the leading posts may

also be recruited, in subsequent concursal procedure, approved through

of deliberation of the metropolitan council or of the inter-municipal council, under proposal,

Respect, from the metropolitan executive commission or the executive secretariat

intermunicipal, from among licensed individuals with no link to the Public Administration that

meet the requirements set out in the preceding paragraph.

3-The concursal procedure is advertised on the public employment scholarship for 10 days,

with the indication of the formal requirements of the profiling, the required profile, the composition

of the jury and the selection methods, which include, necessarily, the achievement of a

final phase of public interviews.

4-A The advertiicitation referred to in the preceding paragraph is preceded by notice to be published in organ of

press of national expansion and in the Journal of the Republic .

5-The jury shall be constituted:

a) By the Prime Secretary metropolitan or the first-secretary

intermunicipal, which presides;

b) By a metropolitan secretary or by an intercity secretary, or, if this

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not exist, by personality of recognized professional merit, credibility and

personal integrity, the activity of which is or has been exercised preferentially

in the area of human resources or local municipal administration.

6-The elements of the jury referred to in the b ) of the previous number are assigned by the

first-metropolitan secretary or by the first intercity secretary,

respects.

7-To the element of the jury referred to in the second part of the b ) of paragraph 5, other than

linked to the Public Administration, is due remuneration in the terms set by the

metropolitan executive committee or by the inter-municipal executive secretariat, to which

may not be higher than the remuneration referred to in Article 21 (5) of Law No 2/2004,

of January 15.

8-The jury, finishes the concursal procedure, draws up the assignment proposal, with the

indication of the reasons why the choice has fallen in the proposed candidate, refraining from

order the remaining candidates.

9-The jury may consider that none of the candidates gathers conditions to be assigned.

10-The holders of the leadership positions are provided by deliberation of the executive board

metropolitan or the intermunicipal executive secretariat, in commission of service,

for the period of three years, renewable for equal periods of time.

11-A The designation deliberation, duly substantiated, is published in the Journal of the

Republic , together with a note relating to the academic and professional curriculum of the

designated, and it produces effects on the date on which it was taken, save if another date is

expressly fixed.

12-A The designation waives the authorization of the designated service or body of origin.

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13-The concursal procedure is urgent and of public interest, with no place to

hearing of interested.

14-A administrative challenge of the deliberation of designation or of any other act

practiced in the concursal procedure has no suspensive effect.

15-A proposition of cautionary providence of suspension of effectiveness of an administrative act

practiced in the concursal procedure does not have the effect of prohibiting the execution of that

act.

Article 12.

Paid status

1-A The base remuneration of department directors and division heads matches

to the one set out in the diploma referred to in Article 31 (1) of Law No 2/2004 of 15 of

January.

2-The holders of the intermediate direction positions of 1. and 2 degrees can be abated

representation expenses in the amount set for the managing staff of the administration

central.

3-The holders of the 3-degree or lower direction positions cannot be abated

representation expenses.

4-The holders of the leadership positions with ties to the Public Administration may opt,

where permission is expressed in the deliberation of designation, by maturity or

basis consideration of their function, job title or category of origin, provided that such

maturity or remuneration does not exceed the remuneration of the secretaries

metropolitans or intermunicipal secretaries, in which case the exercise of the right of

option becomes limited to this value.

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5-The holders of the Leaders without ties to the Public Administration cannot

opt for the maturity or basis consideration of your function, job title or category of origin.

6-The holders of the leading posts are awarded performance awards on the terms

provided for, with the necessary adaptations, for employees in public functions.

Article 13.

Entities managing the requalification in local authorities

1-Intermunicipal entities assume the functions of the managing entity of the system of

requalification in the local authorities referred to in Article 16 of the Decree-Law

no 209/2009 of September 3, as amended by the Laws n. 3-B/2010 of April 28,

66/2012, of December 31, and 80/2013, of November 28

2-A The constitution and the operation of the managing entity of the requalification system,

referred to in the preceding paragraph shall be approved by specific regulation, approved by the

metropolitan council or by the inter-city council, after appearing favorable

of the member of the Government responsible for the area of Public Administration.

3-The regulation referred to in the preceding paragraph is published in the Journal of the Republic , under penalty

of legal ineffectiveness.

4-The source entities of the workers in requalification transfer to the respective

intermunicipal entity the monies necessary for the payment of the remuneration of the

workers in the situation of requalification, as well as for severance compensation

of the bond by mutual agreement, provided for in the General Labor Law in Public Functions,

approved by Law No 35/2014 of June 20.

Article 14.

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Communication to the Directorate General of Local Authorities

The approval or amendment of the regulation referred to in Article 106 of Law No. 75/2013, of

September 12, amended by the Laws n. ºs 25/2015 of March 30 and [Reg. PL 134/2015], is

communicated to the Directorate General of Local Authorities, within 10 days, to the

respects publication in the Journal of the Republic .

Article 15.

Standard of adaptation

The intermunicipal entities approve or adapt the regulation referred to in Article 106.

of Law No. 75/2013 of September 12, amended by the Laws 25/2015 of March 30, and

[Reg. PL 134/2015], in accordance with the provisions of this Law, until December 31

of 2015.

Article 16.

Transient standard

The managing entity functions of the requalification system are assumed by the entities

intermunicipal on the date of the entry into force of the regulation referred to in Article 2 (2)

13.

Article 17.

Entry into force

This Law shall come into force on the day following that of its publication.

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Seen and approved in Council of Ministers of April 23, 2015

The Prime Minister

The Minister of the Presidency and Parliamentary Affairs