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Law No. 286 Of 6 July 2006 On Modification And Completion Of The Law On Local Public Administration No. 215/2001

Original Language Title:  LEGE nr. 286 din 6 iulie 2006 pentru modificarea şi completarea Legii administraţiei publice locale nr. 215/2001

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LEGE no. 286 286 of 6 July 2006 to amend and supplement Local public administration law no. 215/2001
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 621 621 of 18 July 2006



The Romanian Parliament adopts this law + Article I Local Public Administration Law no. 215/2001 , published in the Official Gazette of Romania, Part I, no. 204 of 23 April 2001, as amended and supplemented, shall be amended and supplemented as follows: 1. Article 1 shall read as follows: "" Art. 1. -(1) This law regulates the general regime of local autonomy, as well as the organization and functioning of the local public administration. (2) For the purposes of this law, the following terms and expressions have the following meanings: a) social-community activities-the actions through which the relationship of local public administration authorities with the owners ' associations within the administrative-territorial unit is materialized; b) urban agglomerations-intercommunity development associations constituted on the basis of partnership between the municipalities, other than those provided in lett. j), and cities, together with the urban and rural localities located in the area of influence; c) intercommunity development associations-cooperation structures with legal personality, private law, established, under the law, by administrative-territorial units for the joint realization of development projects of interest regional or regional or the joint provision of public services; d) deliberative authorities-the local council, the county council, the General Council of Bucharest, the local councils of the administrative-territorial subdivisions of the municipalities; e) executive authorities-mayors of communes, cities, municipalities, administrative-territorial subdivisions of the municipalities, the general mayor of Bucharest and the president of the county council; f) local councils-communal, city, municipal councils and councils of administrative-territorial subdivisions of the municipalities; g) public services and public utility bodies of local or county interest-the generic name that includes: 1. public institutions and public services established and organized by decisions of the deliberative authorities, hereinafter referred to as institutions and public services of local or county interest; 2. commercial companies and autonomous kings established or reorganized by decisions of the deliberative authorities, hereinafter referred to as commercial companies and autonomous kings of local or county interest; 3. intercommunity development associations; 4. providers of social services, public or private law, which provide social services under the conditions provided by law; 5. associations, foundations and federations recognized as being of public utility, under the law; 6. community service operators of local or county public utilities; h) administrative-territorial subdivisions of the municipalities-sectors of Bucharest municipality or other subdivisions of the municipalities, whose delimitation and organization are made by law; i) administrative-territorial units-communes, cities and counties; under the law, some cities can be declared municipalities; j) metropolitan area-intercommunity development association established on the basis of partnership between the capital of Romania or the Tier I municipalities and administrative-territorial units located in the immediate area. " 2. Paragraph 1 of Article 2 shall read as follows: "" Art. 2. -(1) Public administration in administrative-territorial units shall be organized and operated under the principles of decentralization, local autonomy, devolution of public services, eligibility of local public administration authorities, legality and consultation of citizens in solving local issues of particular interest. " 3. Paragraph 2 of Article 4 shall read as follows: " (2) The local autonomy concerns the organization, operation, competences and powers, as well as the management of resources that, according to the law, belong to the commune, the city, the municipality or the county, 4. Paragraph 1 of Article 5 shall read as follows: "" Art. 5. -(1) Local public administration authorities shall exercise, under the law, exclusive competences, shared competences and delegated powers. " 5. Paragraph 1 of Article 6 shall read as follows: "" Art. 6. --(1) The reports between the local public administration authorities in the communes, cities and municipalities and the public administration authorities at the county level are based on the principles of autonomy, legality, responsibility, cooperation and solidarity in solving problems of the entire county. " 6. Article 7 shall read as follows: "" Art. 7. -Decentralisation of competences to local public administration authorities shall be done in compliance with the principles and rules laid down in the framework law of decentralisation. " 7. In Article 8, a new paragraph (2) is inserted, with the following contents: " (2) The associative structures of the local public administration authorities are: a) Association of Commons in Romania; b) Association of Cities in Romania; c) Association of Romanian Municipalities; d) National Union of County Councils in Romania; e) other associative forms of general interest, established according to the law. " 8. Article 9 shall read as follows: "" Art. 9. -(1) Within the framework of national economic policy, municipalities, cities, municipalities and counties are entitled to their own financial resources, which the local public administration authorities establish, administer and use for the fulfilment of their powers and duties, under the law. (2) The financial resources available to the local public administration authorities must be correlated with the powers and powers provided by law. " 9. Article 10 shall read as follows: "" Art. 10. -Local public administration authorities shall administer or, where appropriate, have financial resources, as well as public or private property of communes, cities, municipalities and counties, in accordance with the principle of autonomy local. " 10. Article 11 shall read as follows: "" Art. 11. -(1) Two or more administrative-territorial units shall be entitled, within the limits of the powers of their deliberative and executive authorities, to cooperate and associate, under the law, forming associations of inter-community development, with legal personality, private law and public utility. Intercommunity development associations are of public utility, by the effect of this law, by way of derogation from the provisions Government Ordinance no. 26/2000 on associations and foundations, as amended. (2) The associations of inter-community development shall be constituted, under the law, for the purpose of joint implementation of development projects of regional or regional interest or of the joint provision of public services. Metropolitan areas and urban agglomerations constituted with the express agreement of the local councils of the component administrative-territorial units are aimed at developing infrastructures and development objectives of common interest. The deliberative and executive authorities at the level of each component administrative-territorial unit retain their local autonomy, under the law. (3) The administrative-territorial units shall be entitled, within the limits of the powers of their deliberative and executive authorities, to cooperate and to associate with administrative-territorial units abroad, under the law, by decisions of the local councils or county councils, as appropriate. (4) For the protection and promotion of their common interests, the administrative-territorial units have the right to join national and international associations, under the law. " 11. After Article 11, two new articles are inserted, Articles 11 ^ 1 and 11 ^ 2, with the following contents: "" Art. 11 11 ^ 1. -(1) The intercommunity development associations shall be financed by contributions from the local budgets of the administrative-territorial units, as well as from other sources, under the law. (2) The Government shall support the association of administrative-territorial units through national development programmes. These programs are financed annually through the state budget and are provided distinctly within the budget of the Ministry of Administration and Interior, under the law on local public finances. (3) The county councils may initiate and conduct county development programs, financed from the local budget of the county and provided distinctly within it. Article 11 ^ 2. -(1) The intercommunity development associations shall be headed by a board of directors composed of representatives of the component administrative-territorial units, appointed by the local council or the county council, at the proposal of the mayor, respectively the president of the county council, as well as the proposal of local or county councillors, as the case may be (2) The Board of Directors shall be headed by a President elected by the majority vote of its members (3) In order to achieve its own objectives, the Management Board may establish a technical apparatus, financed from the resources of the intercommunity development association. ((4) The organization and functioning of the administrative board and the technical apparatus shall be established by the act of establishment and the status of the intercommunity development association, approved by the decisions of the local and county councils associated. " 12. Article 12 shall read as follows: "" Art. 12. -Administrative-territorial units may enter into each other agreements and may participate, including by allocation of funds, at the initiation and at the realization of regional or regional development programs, based on the decisions adopted by the local councils or county, as appropriate, under the law. " 13. Article 13 shall read as follows: "" Art. 13. -(1) The administrative-territorial units bordering the border areas may conclude between them cross-border cooperation agreements with similar structures in the neighboring states, under the law. (2) The administrative-territorial units, through mayors, respectively the presidents of the county councils, transmit to the Ministry of Foreign Affairs, for compliant approval, the draft cooperation agreements that they intend to conclude with administrative-territorial units in other countries, before their submission for adoption by the local or county councils, as the case may be. (3) Through cross-border cooperation agreements, bodies that have, according to national law, legal personality can be created on the territory of Romania. These bodies do not have, for the purposes of this law, administrative-territorial powers. (4) The administrative-territorial units that have concluded cross-border cooperation agreements have the right to participate in other states in the bodies created by those agreements, within the limits of their respective competences, according to the law. " 14 paragraphs 1, 2 and 4 of Article 14 shall read as follows: "" Art. 14. -(1) The initiative of the administrative-territorial units to cooperate and to associate with administrative-territorial units from abroad, as well as to join an international association of administrative-territorial units will be communicated Ministry of Foreign Affairs and Ministry of Administration and Interior. (2) The projects of cooperation agreements that the administrative-territorial units intend to conclude with administrative-territorial units from other countries will be transmitted for approval to the Ministry of Foreign Affairs, through mayors, respectively the chairmen of county councils, before their submission for adoption by local councils or county councils, as the case may be. ........................................................................... ((4) The responsibility for the cooperation arrangements concluded by the administrative-territorial units shall be exclusively for them. " 15. Article 15 shall read as follows: "" Art. 15. -Local councils and county councils may decide on participation with capital or goods, on behalf of and in the interest of local authorities which they represent, in the establishment, operation and development of state-owned bodies. public services and public utility of local or county interest, under the law. " 16. Article 17 shall read as follows: "" Art. 17. -In administrative-territorial units where citizens belonging to national minorities have a share of more than 20% of the inhabitants, local public administration authorities, public institutions subordinated to them, as well as The devolved public services shall ensure the use, in relations with them, and of the mother tongue, in accordance with the provisions of the Constitution, of the present law and of the international treaties to which Romania is a party. " 17. Paragraph 1 of Article 18 shall read as follows: "" Art. 18. -(1) The communes, cities, municipalities and counties are administrative-territorial units in which the local autonomy is exercised and in which the local public administration authorities are organized and operated. " 18. Article 19 shall read as follows: "" Art. 19. -(1) The administrative-territorial units are legal persons of public law, with full legal capacity and own patrimony. These are legal topics of tax law, titulation of the tax registration code and open accounts at territorial treasury units, as well as bank units. Administrative-territorial units are titleholders of rights and obligations arising from contracts for the administration of goods belonging to the public and private domain in which they are a party, as well as from relations with other persons physical or legal, under the law. (2) In justice, administrative-territorial units are represented, as the case may be, by the mayor or the president of the county council (3) The mayor, respectively the president of the county council, can empower a person with long-standing legal higher education within the specialized apparatus of the mayor, respectively of the county council, or a lawyer to represent the interests of the administrative-territorial unit, as well as of the respective local public administration authorities. (4) The administrative-territorial unit has the right to benefit from the coverage of the costs established on the basis of the judgment of the court, including in the event that the representation in the judiciary is provided by a legal adviser from the specialized apparatus of the mayor, respectively of the county council. (5) The compensation received by the administrative-territorial units following the decisions rendered by the courts shall be constituted in revenues to the local budgets. The compensation that the administrative-territorial unit must pay following the decisions handed down by the court of law and remaining final shall be ensured from the local budget. " 19. Article 20 shall read as follows: "" Art. 20. -The territorial delimitation of communes, cities, municipalities and counties is established by law. Any modification of their territorial limits may be carried out only by law and only after the prior consultation of citizens of the respective administrative-territorial units by referendum, which is organized according to the law. " 20. Article 21 shall read as follows: "" Art. 21. -(1) The authorities of the public administration through which local autonomy is carried out in communes, cities and municipalities are local, communal, city and municipal councils, as deliberative authorities, and mayors, as executive authorities. Local councils and mayors are elected under the conditions provided by the local elections law. (2) Local councils and mayors function as local public administration authorities and solve public affairs in communes, cities and municipalities, under the law. " 21. Article 22 shall read as follows: "" Art. 22. -In each county there is a county council, as the authority of the local public administration, for the coordination of the activity of the communal, city and municipal councils, in order to carry out public services of county interest. The county council is elected under the law on local elections. " 22. Article 25 shall read as follows: "" Art. 25. -In order to ensure local autonomy, local public administration authorities have the right to establish and charge local taxes and fees, to develop and approve local budgets of communes, cities, municipalities and counties, in the law. " 23. Article 28 shall read as follows: "" Art. 28. -Local councils are composed of local councillors elected by universal, equal, direct, secret and freely expressed vote, under the conditions established by the law on local elections. " 24. Article 29 shall read as follows: "" Art. 29. -(1) The number of members of each local council shall be established by order of the prefect, according to the number of inhabitants of the commune, city or municipality, reported by the National Institute of Statistics on January 1 of the current year or, after case, on the 1st of July of the year preceding the elections, as follows: Number of inhabitants of the commune, city or municipality Number of councillors-up to 3,0009-between 3,001 and 5,00011-between 5,001 and 10,00013-between 10,001 and 20,00015-between 20,001 and 50,00017-between 50.001 and 100,00019-between 100.001 and 200.00021-between 200.001 and 300.00023-between 300.001 and 400.00025-over 400.00027 (2) The General Council of Bucharest is composed of 31 local councillors. (3) The number of members of the local councils of the sectors of Bucharest is determined according to the number of the inhabitants of the respective sectors ((1). ' 25. After Article 29, a new article is inserted, Article 29 ^ 1, with the following contents: "" Art. 29 29 ^ 1. -(1) The validation of the election of councillors shall be made by the court within which the administrative-territorial unit is located, by a judge appointed by the president of the court. The request for validation of local councillors shall be submitted within 3 days from the date of finding the results of the elections, under the law. (2) The application introduced according to paragraph (1) shall be judged in public sitting, without the citation of the parties (3) The application shall be judged urgently and in particular, within 10 days from the date of submission, by enforceable decision. (4) The decision provided in par. ((3) is subject to the remedies provided for in the contentious proceedings, with the court ruling within 10 days from the date of introduction of the appeal or appeal application, as the case may be. (5) The validation of the mandate intervenes if the violation of the eligibility conditions is found or if the choice of the adviser was made by electoral fraud, found under the law. (6) For the validation of the mandates of the candidates declared alternate, the same procedure applies. Only candidates declared alternates who, at the time of validation, prove that they are registered in the political party, political alliance or electoral alliance on whose list they ran in elections can be validated. " 26. Article 31 shall read as follows: "" Art. 31. -(1) The establishment of local councils shall be made within 25 days from the date of the elections. The convocation of the local councillors elected and validated in office shall be made by the prefect, within 5 days from the delivery of the validation decision, under the conditions of art. 29 29 ^ 1. The constituent meeting is attended by the prefect or his representative, as well as his mayor, as the case may be, the candidate declared the winner in the mayoral elections. (2) The meeting shall be conducted under legal conditions if at least the majority of the elected and validated local councillors participate. If this majority cannot be ensured, the meeting will be held, under the same conditions, in 3 days, at the convocation of the prefect. If even at the second convocation the meeting is not legally constituted, a new convocation will be carried out by the prefect, over another 3 days, under the same conditions. (3) In a situation where the local council cannot meet either on the third convocation due to the unmotivated absence of local councillors, the court will declare vacations, by judgment, the seats of elected local councillors who have been unmotivated at any of the 3 summons. The complaint of the court is made by the prefect within 3 days from the date of the meeting, based on the minutes of the meeting, prepared by the secretary of the administrative-territorial unit. The decision of the court shall be delivered within 3 days of receipt of the complaint from the prefect and may be appealed to the competent court. If the seats declared vacant, according to the above procedure, cannot be filled with the alternates registered on the lists of respective candidates, according to the law, partial elections are held for completion, within 90 days. (4) The works of the establishment meeting are led by the oldest local councillor, assisted by the youngest 2 local councillors, with the specialized assistance of the secretary of the administrative-territorial unit, who also prepares the minutes of the sitting. (5) The absence of local councillors from the establishment meeting shall be considered motivated if proof is made that it has intervened due to a disease or force majeure events which have made their presence impossible. " 27 articles 32 and 33 shall be repealed. 28 paragraphs 1 and 2 of Article 34 shall read as follows: "" Art. 34. -(1) Local councillors whose mandates have been validated submit to the local council the following oath in Romanian: " I swear to respect the Constitution and the laws of the country and to do, in good faith, everything that lies in my powers and skill for the good of the inhabitants (city, municipality, county) ... So help me God! " (2) Local councillors who refuse to be sworn in shall be deemed to be resigned by law. " 29. Article 35 shall read as follows: "" Art. 35. -If the declared elected local councillor gives up his mandate before validation or refuses to take the oath, he shall be subject to validation of the mandate of the first alternate entered on the list of political party, political alliance or electoral alliance respective, if until the validation of the mandate the parties and political alliances confirm in writing party membership. If the remaining vacancies cannot be completed with alternates, according to the law, and the number of local councillors is reduced by half plus one, partial elections will be held for completion, within 90 days. " 30. Article 36 shall read as follows: "" Art. 36. -(1) After validation, at the establishment meeting of the local council, the local councillors shall take the oath provided for in art. 34. (2) The local council shall declare itself legally constituted if the majority of the validated local councillors have been sworn in. The establishment of the local council is established by decision, adopted by the majority of local councillors validated. " 31. Article 37 shall read as follows: "" Art. 37. -(1) After declaring as legally constituted, the local council shall elect among its members, by decision adopted with the open vote of the majority of local councillors in office, a sitting president, for a period of no more than 3 months, which shall lead meetings of the Council and will sign the decisions taken by him. (2) Local councillor elected under the conditions of par. (1) may be changed from office, at the initiative of at least one third of the number of local councillors, by the vote of the majority of local councillors in office. " 32. Article 38 shall read as follows: "" Art. 38. -(1) The local council has the initiative and decides, under the law, in all matters of local interest, except those that are given by law in the competence of other local or central public administration authorities. (. The local council shall exercise the following categories of tasks: a) attributions regarding the organization and functioning of the specialized apparatus of the mayor, of public institutions and services of local interest and of commercial companies and autonomous regions of local interest; b) attributions regarding the economic-social and environmental development of the commune, city or municipality; c) powers regarding the administration of public and private domain of the commune, city or municipality; d) powers to manage services provided to citizens; e) tasks related to interinstitutional cooperation internally and externally. (3) In the exercise of the duties provided in par ((2) lit. a), the local council: a) approves the status of the commune, the city or municipality, as well as the regulation of organization and functioning of the b) approves, under the law, at the proposal of the mayor, the establishment, organization and state of functions of the specialized apparatus of the mayor, of public institutions and services of local interest, as well as the reorganization and the state of functions of autonomous regions of local interest; c) exercise, on behalf of the administrative-territorial unit, all rights and obligations corresponding to holdings held in companies or autonomous kings, under the law. (4) In the exercise of the duties provided in par ((2) lit. b), the local council: a) approve, at the proposal of the mayor, the local budget, the credit transfers, the use of the budget reserve and the closing account of the budget year; b) approve, at the proposal of the mayor, the contracting and/or guarantee of loans, as well as the contracting of local public debt through issues of securities on behalf of the administrative-territorial unit, under the law; c) establishes and approves local taxes and fees, under the law; d) approve, at the proposal of the mayor, the technical-economic documentation for investment works of local interest, under the law; e) approve the strategies on economic, social and environmental development of the administrative-territorial unit; f) ensures the implementation of the works and takes the necessary measures to implement and comply with the commitments made in the European integration process in the field of environmental protection and water management for services provided to citizens. (5) In the exercise of the duties provided in par ((2) lit. c), the local council: a) decide on the administration, concession or rental of public property of the commune, city or municipality, as the case may be, as well as of public services of local interest, under the law; b) decides the sale, concession or rental of privately owned property of the commune, city or municipality, as the case may be, under the law; c) endorses or approves, under the law, the documentation of spatial planning and urbanism of the localities; d) assign or change, under the law, names of streets, markets and objectives of local public interest. (6) In the exercise of the duties provided in par ((2) lit. d), the local council: a) ensure, according to its competences and under the law, the necessary framework for the provision of public services of local interest regarding: 1. education; 2. social services for the protection of the child, persons with disabilities, elderly persons, family and other persons or groups in social need; 3. health; 4. culture; 5. youth; 6. sport; 7. public order; 8. emergency situations; 9. protection and restoration of the environment; 10. conservation, restoration and enhancement of historical and architectural monuments, parks, public gardens and nature reserves; 11. urban development; 12. records of persons; 13. bridges and public roads; 14. community services of public utility: water supply, natural gas, sewerage, sanitation, thermal energy, public lighting and local public transport, as the case may be; 15. emergency services of the lifeguard, lifeguard and first aid type; 16. the activities of social-community administration; 17. social housing and other housing units owned by the administrative-territorial unit or in its administration; 18. the enhancement, in the interest of the local community, of the natural resources within the administrative-territorial unit; 19. other public services established by law; b) decides to grant bonuses and other facilities, according to the law, to health and teaching personnel; c) supports, under the law, the activity of religious cults; d) may request information and reports from the mayor, deputy mayor and heads of public service and public utility bodies of local interest; e) approve the construction of social housing, the criteria for the distribution of social housing and housing utilities owned or in its administration; f) may request specific briefings and reports from the mayor and heads of public service and public utility bodies of local interest. (7) In the exercise of the duties provided in par ((2) lit. e), the local council: a) decides, under the law, cooperation or association with Romanian or foreign legal entities, in order to finance and jointly carry out actions, works, services or projects of local public interest; b) decides, under the law, to defeat the commune, city or municipality with administrative-territorial units in other countries; c) decides, under the law, cooperation or association with other administrative-territorial units in the country or abroad, as well as the accession to national and international associations of local public administration authorities, in order to promoting common interests. (8) The local council may confer on Romanian or foreign individuals with special merits the title of honorary citizen of the commune, city or municipality, on the basis of a regulation of their own. This Regulation also establishes the conditions for the withdrawal of the title conferred. (9) The local council shall perform any other tasks established by law. " 33. After Article 38, a new article is inserted, Article 38 ^ 1, with the following contents: "" Art. 38 38 ^ 1. -Persons empowered to represent the interests of the administrative-territorial unit in companies, autonomous kings of local interest, intercommunity development associations and other cooperation or partnership bodies are designated by decision of the local council, under the law, respecting the political configuration of the last local elections. " 34 paragraphs 2, 3 and 4 of Article 40 shall read as follows: " (2) The local council may also meet in extraordinary meetings, at the request of the mayor or at least one third of the number of the members of the council. (3) The convocation of the local council shall be made in writing, through the secretary of the administrative-territorial unit, at least 5 days before the ordinary meetings or at least 3 days before the extraordinary meetings. With the notification of the convocation, the materials listed on the agenda are made available to local councillors. (4) In case of force majeure and of maximum urgency for solving the interests of the inhabitants of the commune, city or municipality or in other situations established by the regulation of organization and functioning of the local council, the convening of the can do so immediately. " 35. Article 41 shall read as follows: "" Art. 41. -(1) The meetings of the local council shall be carried out legally in the presence of the majority of local councillors (2) The presence of local councillors at the meeting is mandatory. The cases in which the absence is motivated shall be determined by the rules governing the organization and functioning of the The local councillor who absentates unmotivated twice consecutively is sanctioned, under the conditions of the regulation of organization and functioning of the local council. " 36. Article 42 shall read as follows: "" Art. 42. -The meetings of the local council are led by a sitting president, elected under the conditions provided in art. 37 37. " 37. Article 43 shall read as follows: "" Art. 43. -(1) The meetings of the local council are public. (2) The works of the meetings are carried out in Romanian. In local councils where local councillors belonging to a national minority represent at least one fifth of the total number, the mother tongue can also be used at council meetings. In these cases it will be ensured, through the mayor's care, the translation into Romanian. In all cases, the documents of the council meetings shall be drawn up in Romanian. (3) The debates in the meetings of the local council, as well as the way in which each local councillor has exercised his vote shall be recorded in a minutes, signed by the sitting president and the secretary of the administrative-territorial unit. (4) The sitting president, together with the secretary of the administrative-territorial unit, assumes, by signature, the responsibility of the veracity of the recorded ones. (5) At the beginning of each meeting, the Secretary submits for approval the minutes of the previous meeting. Local councillors have the right to contest the content of the minutes at the hearing and to ask for the exact mention of the opinions expressed at the previous meeting. (6) The minutes and documents that were debated at the meeting shall be submitted in a special file of the respective meeting, which will be numbered, signed and sealed by the sitting president and the secretary, after the approval of the minutes. (7) Within 3 days after the end of the meeting, the secretary of the administrative-territorial unit shall display at the town hall and, as the case may be, on the website of the administrative-territorial unit a copy of the minutes of the meeting. " 38. Article 44 shall read as follows: "" Art. 44. -(1) The agenda of the meetings is approved by the local council, on the proposal of the one who, under the conditions of art. 40, called for the council meeting. Supplementing the agenda can only be done for urgent problems, which cannot be postponed until the next meeting, and only with the vote of the majority of local councillors present. The removal of a draft decision from the draft agenda shall be made only with the agreement of the initiator or if it does not meet the conditions provided for in art. 45. (2) In case of non-approval of the agenda, under the conditions provided in par. ((1), no allowance shall be given due to local councillors for that meeting. " 39. Article 45 shall read as follows: "" Art. 45. -(1) The draft decisions made on the agenda of the meeting of the local council cannot be debated if they are not accompanied by the report of the relevant compartment within the specialized apparatus of the mayor, which is elaborated within 30 days. days from the registration of the project, as well as the report of the specialized committee of the council, except in the cases provided in art. 40 40 para. ((2) and (4). (2) If the reports referred to in par. ((1) shall not be drawn up within 30 days of the registration of the project, which shall be deemed to be implicitly favourable. " 40. Paragraph 2 of Article 46 shall read as follows: " (2) The following decisions of the local council shall be adopted by the majority of local councillors: a) decisions on the local budget; b) decisions regarding the contracting of loans, under the law; c) decisions establishing local taxes and fees; d) decisions on participation in county, regional, zoning or cross-border cooperation programs; e) decisions on the organization and urban development of localities and spatial planning; f) decisions on association or cooperation with other public authorities, with Romanian or foreign legal entities. " 41. In Article 46, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: "(2 ^ 1) The decisions on heritage shall be adopted by the vote of two thirds of the total number of local councillors in office." 42 paragraphs 3, 4 and 5 of Article 46 shall read as follows: " (3) If the local budget cannot be adopted after two consecutive sessions, which will take place at an interval of no more than 7 days, the activity will take place on the basis of the previous year's budget until the adoption of the new budget, but no later than 45 days from the date of publication of the state budget law in the Official Gazette of Romania, Part I. (4) The local council determines that some decisions should be taken by secret ballot. Individual decisions on persons will always be taken by secret ballot, with the exceptions provided by law. The voting procedures will be established by the regulation of organization and functioning of the local council. (5) The draft decisions may be proposed by local councillors, mayor, deputy mayor or citizens. The drafting of the projects is done by those who propose them, with the support of the secretary of the administrative-territorial unit and the services within the specialized apparatus of the mayor. 43. Paragraph 1 of Article 47 shall read as follows: "" Art. 47. -(1) It may not take part in the deliberation and at the adoption of decisions the local councillor who, either personally or by husband, wife, afini or relatives up to the fourth degree inclusive, has a patrimonial interest in the matter subject to council debates local. " 44. Article 48 shall read as follows: "" Art. 48. -The decisions of the local council shall be signed by the sitting president, elected under the conditions provided in art. 37, and countersign, for legality, by the secretary. If the sitting president is absent or refuses to sign, the decision of the local council shall be signed by 3-5 local councillors. " 45 paragraphs 1 and 2 of Article 49 shall read as follows: "" Art. 49. -(1) The secretary of the administrative-territorial unit shall not counteract the decision if it considers that it is illegal. In this case, he will submit in writing and expose to the local council his reasoned opinion, which will be recorded in the minutes of the meeting. (2) The secretary of the administrative-territorial unit shall communicate the decisions of the local council to the mayor and the prefect immediately, but no later than 10 working days from the date of adoption. " 46. paragraphs 1 to 6 of Article 52 shall read as follows: "" Art. 52. -(1) In the exercise of the mandate, local councillors are in the service of the local community (2) The Mayor shall be obliged, through the Secretary and his/her own specialist apparatus, to make available to local councillors, at their request, no later than 10 working days, the information necessary for the fulfilment of the mandate. (3) Local councillors are obliged, in fulfilling their mandate, to hold regular meetings with citizens and to grant audiences. (4) Every local councillor as well as the deputy mayor are required to submit an annual activity report, which will be made public through the care of the secretary. (5) For the participation in the meetings of the local council and the specialized committees, the local councillor receives an allowance established under the law. (6) Local councillors shall be entitled to settle the expenses they carry out in fulfilling their mandate, under the law. " 47. Article 54 shall read as follows: "" Art. 54. -At the works of the local council can assist and speak, without the right to vote, the prefect, the president of the county council or their representatives, the deputies and the senators, the ministers and the other members of the Government, the secretaries and the state, heads of the devolved public services of ministries and other central bodies of administrative-territorial units, on issues regarding the areas of responsibility of these services, as well as interested persons, invited of mayor. " 48. Paragraph 1 of Article 55 shall read as follows: "" Art. 55. --(1) Residents of villages who do not have local councillors elected to local councils are represented at council meetings by a village delegate. " 49 paragraphs 2 and 6 of Article 56 shall read as follows: " (2) Only local councillors may be members of the specialist committees. ........................................................................... (6) The organization, functioning and tasks of the specialized committees shall be established by the regulation of organization and functioning of the local council, respecting the political configuration resulting from the local elections. " 50. Article 57 shall be repealed. 51. Article 58 shall read as follows: "" Art. 58. -(1) The local council shall dissolve by law or by local referendum. The local council dissolves from law: a) if it does not meet for two consecutive months; b) if it has not adopted in 3 consecutive ordinary meetings no decision; c) in a situation where the number of local councillors is reduced by half plus one and cannot be completed by alternates. (2) The mayor, deputy mayor, secretary of the administrative-territorial unit or any other interested person shall notify the administrative court of the cases referred to in par. ((1). The court is considering the facts and is ruling on the dissolution of the local council. The court's ruling is final and communicated to the prefect. (3) The local council can be dissolved by local referendum, organized under the law. The referendum is organized as a result of the request addressed in this regard to the prefect of at least 25% of the number of citizens entitled to vote registered on the electoral lists of the administrative-territorial unit. ((4) The expenses for organizing the referendum provided in par. (3) shall be borne from the local budget. (5) The local referendum is organized, under the law, by a commission appointed by order of the prefect, composed of a representative of the prefect, a representative of the mayor, the local council and the county council and a the judge of the court in whose jurisdiction is the administrative-territorial unit concerned. The secretary of the commission shall be provided by the prefect (6) The referendum is valid if at least half plus one of the total number of voting inhabitants have been shown at the polls. The activity of the local council ceases before the deadline if at least half plus one of the total number of valid votes have been pronounced in this regard. (7) The establishment of the date for the organization of the election of the new local council is made by the Government, The elections shall be held within a maximum of 90 days from the final and irrevocable stay of the court decision finding the dissolution of the local council or, as the case may be, from the validation of the referendum result. (8) Until the establishment of the new local council, the mayor or, in his absence, the secretary of the administrative-territorial unit will solve the current problems of the commune, the city or the municipality, according to the powers and duties according to law (9) Local councils may organize, on their own initiative or on the initiative of the mayor, as the case may be, mixed commissions consisting of local councillors, civil servants and other specialists, for a fixed period. The composition of the joint committees, the objectives and the period of their activity are established by decisions of the local councils. Joint committee meetings are public. " 52. The title of section 5 will read as follows: "Suspending the mandate of local councillor" 53. Article 59 shall read as follows: "" Art. 59. -(1) The mandate of local councillor shall be suspended by law only if he has been remanded in custody. The measure of preventive arrest shall be communicated immediately by the court of the prefect, which, by order, finds the suspension of the mandate. (2) The suspension lasts until the end of the situation provided in par. ((1). The suspension order shall be communicated immediately to the local councillor. (3) If the local councillor whose mandate has been suspended has been found not guilty, he is entitled to compensation, under the law. " 54. Article 61 shall read as follows: "" Art. 61. -(1) The communes, cities and municipalities have one mayor and one deputy mayor, and the county seat municipalities have a mayor and 2 deputy mayors, elected under the law. (2) The deputy mayor is subordinate to the mayor and his rightful replacement, who may delegate his duties to him. (3) The deputy mayor is elected with the vote of the majority of local councillors in office, among its members. (4) The change in office of the deputy mayor can be made by the local council, by decision adopted with the vote of the majority of councillors in office, on the proposal of the mayor or one third of the number of local councillors in office (5) During the term of office, the mayor and deputy mayor receive a monthly allowance, as the only form of remuneration of the activity corresponding to the office of mayor, respectively deputy mayor, and which represents the basis of calculation for the establishment of rights and obligations that are determined in relation to the salary income. The mayor and deputy mayor do not benefit from the increase of seniority in work or other bonuses provided by law. (6) The term of office is seniority and in the specialty of graduate studies. (7) During the term of office, the deputy mayor retains his status as a local councillor, without the benefit of the allowance related to this status. " 55. Article 63 shall read as follows: "" Art. 63. -The validation of the mandate of the mayor is made according to 29 ^ 1 para. ((1)-(5), which shall apply accordingly. " 56 paragraphs 1 and 2 of Article 64 shall be repealed. 57. Paragraph 4 of Article 64 shall read as follows: " (4) In case of invalidation of the election of the mayor, the Government, on the proposal of the prefect, will set the election They shall be organized within a maximum of 90 days from the date of invalidation or, as the case may be, from the date of final and irrevocable stay of the court decision, under the law. " 58. Article 66 shall read as follows: "" Art. 66. -(1) The mayor performs a function of public authority. (2) The mayor ensures respect for the fundamental rights and freedoms of citizens, the provisions of the Constitution, as well as the implementation of laws, decrees of the President of Romania, decisions and ordinances of the Government, decisions the local council; it has the necessary measures and provides support for the application of the orders and instructions of a normative nature of the ministers, the other leaders of the central public administration authorities, the prefect, as well as the county council decisions, under the law. (3) For the implementation of the activities given in its competence by the normative acts provided in par. (2), the mayor benefits from a specialized apparatus, which he leads. (4) The specialized apparatus of the mayor is structured on functional compartments, under the law. Its functional compartments are framed with civil servants and contract staff. ((5) The mayor leads the local public services. " 59. Paragraph 1 of Article 67 shall read as follows: "" Art. 67. -(1) The mayor represents the administrative-territorial unit in relations with other public authorities, with Romanian or foreign natural or legal persons, as well as in justice. " 60. Article 68 shall read as follows: "" Art. 68. -(1) The mayor performs the following main categories of duties: a) duties exercised as a representative of the state, under the law; b) tasks related to the relationship with the local council; c) tasks related to the local budget; d) duties on public services provided to citizens; e) other duties established by law. ((2) Pursuant to paragraph 1. ((1) lit. a), the mayor performs the position of civil status officer and guardianship authority and ensures the functioning of local public services, duties on the organization and conduct of elections, referendum and census. The mayor also performs other duties established by law. (3) In the exercise of the duties provided in par ((1) lit. b), Mayor: a) presents to the local council, in the first quarter, an annual report on the economic, social and environmental state of the administrative-territorial unit; b) presents, at the request of the local council, other reports and briefings; c) develop draft strategies on the economic, social and environmental state of the administrative-territorial unit and submit them to the approval of the local council. (4) In the exercise of the duties provided in par ((1) lit. c), Mayor: a) exercise the function of principal authorising officer; b) prepare the draft of the local budget and the final account of the budget year and submit them for approval to the local council; c) initiates, under the law, negotiations for the contracting of loans and the issuance of securities on behalf of the administrative-territorial unit; d) verify, through the specialized compartments, the correct tax registration of taxpayers at the territorial fiscal body, both of the main social headquarters and of the secondary office. (5) In the exercise of the duties provided in par ((1) lit. d), Mayor: a) coordinate the implementation of public services of local interest, provided through the specialized apparatus or through public service and public utility bodies of local interest; b) take measures to prevent and, where appropriate, manage emergency situations; c) take measures to organize the execution and execution in concrete of the activities in the fields provided in art. 38 38 para. ((6) lit. a)-d); d) take measures to ensure the inventory, statistical record, inspection and control of the public services of local interest provided in art. 38 38 para. ((6) lit. a)-d), as well as the public and private assets of the administrative-territorial unit; e) appoints, sanctions and orders the suspension, modification and termination of service relations or, as the case may be, of employment relationships, under the law, for personnel within the specialized apparatus, as well as for the public institutions and services of local interest; f) ensure the elaboration of urban plans provided by law, submit them to the approval of the local council and act to comply with their g) issue the opinions, agreements and authorizations given in its competence by law and other normative acts; h) ensures the implementation of the works and takes the necessary measures to comply with the commitments made in the European integration process in the field of environmental protection and water management for services provided to citizens. (6) For the proper exercise of its duties, the mayor shall collaborate with the devolved public services of the ministries and other specialized bodies of the central public administration in the administrative-territorial units, such as and the county council. (7) The appointment of heads of public institutions and services of local interest is based on the contest organized according to the procedures and criteria approved by the local council, at the proposal of the mayor, under the law The appointment is made available to the mayor, having attached the management contract. " 61. Paragraph 2 of Article 69 shall read as follows: " (2) In this capacity, the mayor may request the prefect, under the law, the support of the heads of the devolved public services of the ministries and of the other specialized bodies of the central public administration in the units administrative-territorial, if the tasks assigned to it cannot be solved by the specialized apparatus. " 62. Article 70 shall read as follows: "" Art. 70. -The duties of civil status officer and guardianship authority may also be delegated to the secretary of the administrative-territorial unit or other public servants in the specialized apparatus with competence in this field, according to the law. " 63. After Article 70, two new articles are introduced, Articles 70 ^ 1 and 70 ^ 2, with the following contents: "" Art. 70 70 ^ 1. -(1) Mayors of the communes may employ, within the maximum number of approved posts, a personal adviser. The mayors of the cities, municipalities and municipalities of the county seat can set up, within the maximum number of approved posts, the mayor's office, distinct compartment consisting of: a) maximum 3 persons in cities and municipalities; b) maximum 5 persons at the county seat municipalities. (2) The staff provided in par. (1) is appointed and relieved of office by the mayor. (3) The staff provided in par. (1) operates on the basis of an individual fixed-term employment contract, concluded under the law, during the term of office of the mayor. (4) The duties of the staff provided in par. (1) shall be established by the mayor's disposition. Art. 70 ^ 2. -(1) The general mayor of Bucharest, assimilated to the dignitary, can set up within the maximum number of approved posts, the general mayor's office, distinct compartment comprising the following specialized execution functions: Cabinet director, 3 cabinet assistants, 8 personal advisers, 2 personal secretaries and 2 personal couriers. (2) The salary of the staff within the cabinet of the general mayor of Bucharest will be made according to the head. II lit. B of Annex no. 1 1 to Government Ordinance no. 3/2006 on the salary increases that will be granted in 2006 to the appropriate salary staff Government Emergency Ordinance no. 24/2000 on the system for the establishment of basic salaries for contract staff in the budgetary sector and in the salary of staff in accordance with Annexes no. II and III to Law no. 154/1998 on the system for the establishment of basic salaries in the budgetary sector and allowances for persons in office of public dignity. " 64 paragraphs 1, 2, 4 and 6 of Article 72 shall read as follows: "" Art. 72. -(1) The mayor's mandate is 4 years and is exercised until the swearing-in of the newly-elected mayor. The mayor's mandate can be extended, by organic law, in case of war, natural calamity, disaster or particularly serious sinister. (2) The mandate of the mayor shall cease by law under the law of the local elected officials, as well as in the following situations: a) if he is unable to perform the function due to a serious, certified disease, which does not allow the activity to be carried out in good conditions for 6 months during a calendar year; b) if he does not exercise, unjustifiably, his mandate for 45 consecutive days. ........................................................................... (4) The prefect's order can be appealed by the mayor to the administrative court within 10 days of communication. ........................................................................... (6) The date of organization of elections for mayor shall be established by the Government, at the proposal of the prefect They shall be organized within a maximum of 90 days from the expiry of the period provided for in paragraph 1 (4) or from the date of delivery of the court decision, under the conditions of para. ((5). ' 65 paragraphs 1, 2 and 4 of Article 73 shall read as follows: "" Art. 73. -(1) The mandate of the mayor ceases as a result of the result of a local referendum on his dismissal, organized under the law, according to the procedure provided in art. 58 58 para. ((3)-(7). (2) The referendum for the termination of the mayor's mandate shall be organized as a result of the request addressed in this regard to the prefect of the inhabitants of the commune, city or municipality, as a result of his disregard for the general interests of local authority or non-performance of its duties, according to the law, including those it exercises as a representative of the state. ........................................................................... (4) The organization of the referendum must be requested, in writing, by at least 25% of the inhabitants with the right to vote. This percentage must be carried out in each of the component localities of the commune, city or municipality. " 66. Articles 74, 75 and 76 shall be repealed. 67. Article 77 shall read as follows: "" Art. 77. -(1) The mandate of the mayor shall be suspended by law only if he has been remanded in custody. The measure of preventive arrest shall be communicated immediately by the court of the prefect, which, by order, finds the suspension of the mandate. (2) The suspension order shall be communicated immediately to the mayor. (3) The suspension lasts until the end of the situation referred to in par. ((1). (4) If the mayor suspended from office has been found not guilty, he is entitled, under the law, to pay the salary rights corresponding to the period in which he was suspended. (5) Provisions of para. (1)-(4) shall also apply to the deputy mayor. " 68. Articles 78, 79 and 81 shall be repealed. 69. Article 82 shall read as follows: "" Art. 82. -(1) In case of vacancy of the office of mayor, as well as in case of suspension from office, the duties conferred on him by this law shall be exercised by the right of deputy mayor or, as the case may be, by one of the deputy mayors, designated by the local council with the secret ballot of most local councillors in office. (2) In the situation referred to in par. (1), the local council may delegate by decision, among its members, a local councillor who will temporarily carry out the duties of the deputy mayor. (3) In the situation in which they are suspended from office, at the same time, both the mayor and the deputy mayor, the local council delegates a local councillor who will perform both the duties of the mayor and the deputy mayor, until the end suspension. (4) If they become vacant, at the same time, both the office of mayor and the deputy mayor, the local council shall elect a new deputy mayor, the provisions of par. ((1) and (2) applying until the election of a new mayor. The date of holding the mayoral elections is set by the Government, at the prefect's proposal. The elections shall be held within a maximum of 90 days from the vacancy of the office of mayor. " 70. The title of Chapter IV shall read as follows: "Institutions, public services of local interest and the specialist apparatus of the mayor" 71. In Chapter IV, Section 1, Articles 83, 84, 85 and 86 shall be repealed. 72. Article 87 shall read as follows: "" Art. 87. -Local councils can establish and organize public institutions and services of local interest in the main fields of activity, according to the local specificity and needs, in compliance with the legal provisions and within the financial means of which . 73. Article 88 shall read as follows: "" Art. 88. -(1) The appointment and dismissal of staff from public institutions and services of local interest shall be made by their leaders, under the law. (2) The appointment and dismissal of the staff from the specialized apparatus of the mayor shall be made by the mayor, under the law. " 74. Article 89 shall read as follows: "" Art. 89. -Officials from public institutions and services of local interest and within the specialized apparatus of the mayor enjoy stability in office, under the law. " 75. Paragraph 2 of Article 90 shall read as follows: " (2) In the administrative-territorial units where citizens belonging to a national minority have a share of over 20% of the inhabitants, in their relations with the local public administration authorities, with the specialized apparatus and bodies subordinated to the local council, they can address, orally or in writing, and in their mother tongue and will receive the answer both in Romanian and in their mother tongue. " 76. Article 91 shall read as follows: "" Art. 91. -The mayor, deputy mayor, secretary of the administrative-territorial unit and the specialized apparatus of the mayor constitute a functional structure with permanent activity, called the town hall of the commune, city or municipality, which carries out the decisions of the local council and the mayor's provisions, solving the current problems of the local community. " 77. Paragraph 1 of Article 97 shall read as follows: "" Art. 97. -(1) The mayors and deputy mayors of the sectors of Bucharest municipality operate under the conditions provided by the provisions of this law for mayors and deputy mayors of communes and cities and fulfill the duties established by law for them, with the exception of those relating to the consultation of the population by referendum, organized for the resolution of local problems of particular interest, and to the measures provided by law for the conduct of public assemblies, which are exercised only by of Bucharest Municipality. " 78. Article 98 shall read as follows: "" Art. 98. -The secrets of the sectors of Bucharest and the general secretary of Bucharest are properly applicable to the provisions of the head. VI ^ 4. " 79. Article 101 shall read as follows: "" Art. 101. -(1) The county council is the authority of the local public administration, constituted at county level for the coordination of the activity of the communal, city and municipal councils, in order to carry out public services of county interest (2) The county council is composed of county councillors, elected by universal, equal, direct, secret and freely expressed vote, under the law. " 80. The introductory part of Article 102 shall read as follows: "" Art. 102. -The number of members of each county council is established by order of the prefect, depending on the number of the inhabitants of the county, reported by the National Institute of Statistics on January 1 of the current year or, as the case may be, on July 1 of the year preceding the elections, as follows: ". 81. After Article 102, a new article is inserted, Article 102 ^ 1, with the following contents: "" Art. 102 102 ^ 1. -For the validation of the mandates of the county councillors, the procedure provided for in art. 29 29 ^ 1, the competent court being the tribunal. " 82. Article 104 shall read as follows: "" Art. 104. -(1) The county council meets the following main categories of duties: a) powers regarding the organization and functioning of the specialized apparatus of the county council, of public institutions and services of county interest and of commercial companies and autonomous regions of county interest; b) powers regarding the economic and social development of the county; c) powers regarding the management of the county d) powers to manage public services in the subordinate; e) powers of interinstitutional cooperation; f) other duties provided by law. (2) In the exercise of the duties provided in par ((1) lit. a), the county council: a) choose, among the county councillors, a president and 2 vice-presidents; b) decides the establishment or reorganization of institutions, public services and commercial companies of county interest, as well as the reorganization of autonomous regions of county interest, under the law; c) approves the regulation of organization and functioning of the county council, the organizational chart, the state of functions, the organization and functioning regulation of the specialized apparatus, as well as of the public institutions and services of county interest and of companies and autonomous regions of county interest; d) exercise, on behalf of the county, all rights and obligations corresponding to holdings in companies or autonomous kings, under the law; e) appoints, sanctions and orders the suspension, modification and termination of service relations or, as the case may be, of employment relationships, under the law, for the heads of public institutions and services of county interest. (3) In the exercise of the duties provided in par ((1) lit. b), county council: a) approves, at the proposal of the president of the county council, the county's own budget, the credit transfers, the use of the budget reserve and the account for the end of the budget year; b) approve, at the proposal of the president of the county council, the contracting and/or guarantee of loans, as well as the contracting of local public debt through issues of securities in the name of the county, under the law; c) establishes taxes and county taxes, under the law; d) adopt strategies, forecasts and programs of economic and social development of the county, based on proposals received from local councils; order, approve and follow, in cooperation with the local public administration authorities and interested city, the necessary measures, including those of a financial order, to achieve them; e) establishes, based on the opinion of the local councils of the administrative-territorial units involved, the projects of organization and arrangement of the county territory, as well as of its general urban development and of the units administrative-territorial components; aims to achieve them, in cooperation with the authorities of the local public administration, city or municipal involved; f) approves the technical-economic documentation for the investment works of county interest, within the limits and under the law. (4) In the exercise of the duties provided in par ((1) lit. c), county council: a) decides on the administration, concession or rental of public property of the county, as the case may be, as well as of public services of county interest, under the law; b) decides the sale, concession or lease of the private property of the county, as the case may be, under the law; c) assigns, under the law, names of objectives of county interest. (5) In the exercise of the duties provided in par ((1) lit. d), county council: a) ensure, according to its competences and under the law, the necessary framework for the provision of public services of county interest regarding: 1. education; 2. social services for the protection of the child, persons with disabilities, elderly persons, family and other persons or groups in social need; 3. health; 4. culture; 5. youth; 6. sport; 7. public order; 8. emergency situations; 9. protection and restoration of the environment; 10. conservation, restoration and enhancement of historical and architectural monuments, parks, public gardens and nature reserves; 11. records of persons; 12. bridges and public roads; 13. community services of public utility of county interest, as well as methane gas supply; 14. other public services established by law; b) supports, under the law, the activity of religious cults; c) issue the opinions, agreements and authorizations given in its competence by law; d) provide advice in specific areas, under the law, to administrative-territorial units in the county, at their request. (6) In the exercise of the duties provided in par ((1) lit. e), county council: a) decides, under the law, cooperation or association with Romanian or foreign legal entities, including with partners from civil society, in order to finance and jointly carry out actions, works, services or projects of public interest county; b) decides, under the law, to defeat the county with administrative-territorial units from other countries; c) decides, under the law, cooperation or association with other administrative-territorial units in the country or abroad, as well as the accession to national and international associations of local public administration authorities, in order to promoting common interests. " 83. After Article 104, a new article shall be inserted, Article 104 ^ 1, with the following contents: "" Art. 104 104 ^ 1. -Persons empowered to represent the interests of the administrative-territorial unit in companies, autonomous kings of county interest, intercommunity development associations and other cooperation or partnership bodies are designated by decision of the county council, under the law, respecting the political configuration resulting after the local elections. " 84. Paragraph 1 of Article 106 shall read as follows: "" Art. 106. -(1) The county council meets at the regular meeting every month, at the convocation of the president of the county council. " 85. Article 107 shall read as follows: "" Art. 107. -(1) County council meetings are held legally in the presence of most county councillors in office. (2) The presence of county councillors at the meeting is mandatory. Cases in which the absence is considered to be determined by thorough reasons will be established by the regulation of organization and functioning of the county council. If a county councillor is absent twice in a row without thorough reasons, he can be sanctioned under the conditions of the regulation of organization and functioning of the county council. " 86. Paragraph 2 of Article 108 shall read as follows: " (2) If, for good reasons, the Vice President-designate is also missing under the conditions of art. 118, the meeting will be led by the other vice president or a county councillor, elected with the vote of the majority of the county councillors present. " 87. The paragraphs (1 ^ 1) and (2) of Article 109 shall read as follows: " (1 ^ 1) Draft decisions can be proposed by county councillors, the president of the county council, the deputy chairmen of the county council or citizens. The drafting of the projects is done by those who propose them, with the support of the secretary of the administrative-territorial unit and the services within the specialized apparatus of the county council. (2) The decisions shall be signed by the president or, in his absence, by the deputy chairman of the county council who led the meeting and shall be countersigned by the secretary of the county. 88. Article 110 shall read as follows: "" Art. 110. --Provisions art. 43-47, 49-54 and art. 56 56 shall apply accordingly. '; 89. Article 111 shall read as follows: "" Art. 111. -(1) The county council shall dissolve by right under the conditions of art. 58 58 para. ((1) lit. a)-c) or by county referendum. (2) The Secretary of the County or any other interested person shall notify the administrative court of the cases referred to in par. ((1). The court is considering the factual situation and ruling on the dissolution of the county council. The court's ruling is final and communicated to the prefect. (3) The county council can be dissolved by county referendum, organized under the law. The referendum is organized as a result of the request addressed in this regard to the prefect of at least 20% of the number of citizens entitled to vote, registered on the electoral lists of the administrative-territorial unit. ((4) The expenses for organizing the referendum provided in par. (3) shall be borne from the county budget. (5) The county referendum is organized, under the law, by a commission composed of prefect, a representative of the county council designated by decision of the county council and a judge of the court. The Secretariat shall be provided by the Prefect's Institution. (6) The referendum is valid if at least half plus one of the total number of voting inhabitants have been shown at the polls. The activity of the county council ceases before the deadline if at least half plus one of the total number of valid votes have been pronounced in this regard. (7) The establishment of the date for the organization of the election of the new county council is made by the Government, The elections shall be held within a maximum of 90 days from the final and irrevocable stay of the court decision finding the dissolution of the county council or, as the case may be, from the validation of the referendum result. (8) Until the establishment of the new county council, the current problems of the county administration will be solved by the county secretary, based on a special power of attorney given by the Government, through the Ministry of Administration and Interior. " 90. Article 112 shall read as follows: "" Art. 112. -The mandate of county councillor is suspended under the conditions of art. 59 59. " 91. In Chapter VI, the title of section 4 will read as follows: " SECTION 4 President and vice-presidents of the county council 92. Article 113 shall read as follows: "" Art. 113. -(1) The county council shall elect from among its members a chairperson and 2 vice-presidents (2) The President and Vice-Presidents shall be elected with the secret ballot of the majority of the county councillors. (3) The release from office of the president or vice-presidents of the county council is made with the secret vote of the majority of councillors in office, on the proposal of at least one third of their number. The release from office of the president or vice presidents of the county council cannot be made in the last 6 months of the county council's mandate. (4) During the term of office, the chairman and vice-presidents of the county council receive a monthly allowance, as the only form of remuneration of the activity corresponding to the positions of president, respectively deputy chairman of the county council, represents the basis for the calculation of the rights and obligations that are determined in relation to the salary income. The president and vice-presidents of the county council do not benefit from the increase of seniority or other bonuses provided by law. (5) The term of office shall be at work and in the specialty of graduate studies. " 93. Paragraph 3 of Article 114 shall read as follows: " (3) The specialized apparatus of the county council is subordinate to its president. Officials from the specialized apparatus of the county council enjoy stability in office, under the law. " 94. Article 115 shall read as follows: "" Art. 115. -(1) The president of the county council is responsible for the proper functioning of the specialized apparatus of the county council, which he leads. The coordination of some compartments in the specialized apparatus can be delegated, through the provision of the president of the county council, to the vice presidents or other persons, under the law. (2) The president of the county council ensures compliance with the provisions of the Constitution, the implementation of laws, the decrees of the President of Romania, the decisions and ordinances of the Government, the decisions of the county council, as well as normative. " 95. Article 116 shall read as follows: "" Art. 116. -(1) The president of the county council meets, under the law, the following main categories of duties: a) duties on the functioning of the specialized apparatus of the county council, public institutions and services of county interest and of commercial companies and autonomous regions of county interest; b) duties on the relationship with the county council c) powers regarding the county's own budget; d) duties regarding the relationship with other local public administration authorities and public services; e) duties on public services of county interest; f) other duties provided by law or tasks given by the county council. (2) In the exercise of the duties provided in par ((1) lit. a), president of the county council a) prepare and submit for approval to the county council the regulation of its organization and functioning, the organizational chart, the state of functions and the regulation of organization and functioning of the specialized apparatus, as well as of the institutions and public services of county interest and of commercial companies and autonomous regions of county interest; b) appoints, sanctions and orders the suspension, modification and termination of service relations or, as the case may be, of employment relationships, under the law, for staff within the specialized apparatus of the county council. (3) In the exercise of the duties provided in par ((1) lit. b), president of the county council a) he leads the meetings of the county council and has the necessary measures to prepare and conduct them in good conditions; b) presents to the county council, annually or on request, reports on how to carry out its duties and the decisions of the county council; c) proposes to the county council the appointment, sanctioning, modification and termination of service relations or, as the case may be, of employment relationships, under the law, for the heads of public institutions and services of county interest. (4) In the exercise of the duties provided in par ((1) lit. c), president of the county council a) exercise the function of principal authorising officer; b) prepare the draft budget of the county and the closing account of the budget year and submit them for approval to the county council, under the conditions and at the deadlines provided by law; c) pursues the way of making budgetary revenues and proposes to the county council to adopt the necessary measures to collect them at term; d) initiates, with the approval of the county council, negotiations for the contracting of loans and issues of securities in the name of the county. (5) In the exercise of the duties provided in par ((1) lit. d), president of the county council a) methodologically guide, through the specialized apparatus of the county council, civil status activities and tutelary authority carried out in communes and cities; b) may grant, without payment, through the specialized apparatus of the county council, support, technical assistance, legal and any other nature to local councils or mayors, at their express request. (6) In the exercise of the duties provided in par ((1) lit. e), president of the county council a) coordinate the implementation of public services and public utility of county interest provided through the specialized apparatus of the county council or through public service and utility bodies public interest; b) take measures to organize the execution and execution in concrete of the activities in the fields provided in art. 104 104 para. ((5) lit. a)-d); c) take measures for the record, statistics, inspection and control of public services and public utility of county interest, provided in art. 104 104 para. ((5) lit. a)-d), as well as the public and private assets of the county; d) issue the opinions, agreements and authorizations given in its competence by law or by decision of the county council; e) coordinates and controls the public service and public utility bodies of county interest established by the county council and subordinated to it; f) coordinates and controls the realization of investment and rehabilitation activities of the county infrastructure. (7) The President of the County Council may delegate to the Vice-Presidents, by disposition, the attributions provided ((6). ' 96. After Article 116, a new article is inserted, Article 116 ^ 1, with the following contents: "" Art. 116 116 ^ 1. -(1) The president of the county council may establish, within the maximum number of approved posts, the president's office, separate compartment consisting of a maximum of 5 persons. (2) Staff within the President's Cabinet is appointed and relieved of office by the President of the County Council. (3) The staff of the cabinet of the president of the county council carry out their activity on the basis of an individual fixed-term employment contract, concluded under the law, during the term of office of the (4) The duties of the staff of the department referred to in (1) the President of the County Council shall be established. " 97. Paragraph 1 of Article 118 shall read as follows: "" Art. 118. -(1) In case of suspension of the president, his duties will be exercised by one of the vice presidents, appointed by the county council by the secret vote of the majority of the county councillors in office. " 98. Article 119 shall read as follows: "" Art. 119. -(1) The president and vice-presidents of the county council retain the quality of county councillor. (2) The provisions of art. 72 and 77 shall also apply accordingly to the President of the County Council. " 99. Article 120 shall be repealed. 100. Chapter VI ^ 1 introduces four new chapters, chapters VI ^ 2-VI ^ 5, with the following contents: "" CHAPTER VI ^ 2 Public administrator Art. 120 ^ 4. -(1) At the level of communes and cities, the mayor can propose to the local council the establishment of the position of public administrator, within the maximum number of approved posts (2) The appointment and dismissal of the public administrator shall be made by the mayor, based on specific criteria, procedures and duties, approved by the local council. The appointment is based on the competition. (3) The public administrator may perform, on the basis of a management contract, concluded in this regard with the mayor, powers of coordination of the specialized apparatus or public services of local interest. (4) The mayor may delegate to the public administrator, under the law, the quality of principal authorising officer. Art. 120 ^ 5. -(1) At the level of the counties, the president of the county council may propose to the county council the establishment of the position of public administrator, within the maximum number (2) The appointment and dismissal of the public administrator shall be made by the president of the county council, based on specific criteria, procedures and duties, approved by the county council. The appointment is based on the competition. (3) The public administrator may perform, on the basis of a management contract, concluded in this regard with the president of the county council, powers of coordination of the specialized apparatus or public services of county interest. (4) The president of the county council may delegate to the public administrator, under the law, the quality of principal authorising officer. Art. 120 ^ 6. -(1) Intercommunity development associations may decide to appoint a public administrator for the management of services of general interest which are the subject of association. (2) The recruitment, appointment and dismissal of the public administrator of inter-community development associations shall be made on the basis of a specific procedure by their boards and are approved by decisions of the local councils and county councils concerned. Chapter VI ^ 3 Art. 120 ^ 7. -(1) For the performance of their duties: a) the mayor issues provisions; b) the local council adopts decisions c) the county council adopts decisions (2) The mayor's provisions shall be compulsorily communicated to the prefect of the county, no later than 5 working days after their signing. (3) The decisions of the local council shall be compulsorily communicated a) the mayor of the b) prefect of the county. (4) The decisions of the county council shall be communicated to the prefect of the county. (5) The communication of acts between the local public administration authorities and the prefect of the county is carried out through the secretary of the administrative-territorial (6) The acts of the local public administration authorities will be made public by the secretary of the administrative-territorial unit. (7) The mayor's provisions, the decisions of the local council and the decisions of the county council are subject to the legality control of the prefect, under the law governing its activity. Chapter VI ^ 4 Art. 120 ^ 8. -(1) Each administrative-territorial unit and administrative-territorial subdivision of the municipalities has a salarized secretary from the local budget. The secretary of the commune, the city, the municipality, the county and the administrative-territorial subdivision of the municipalities is a public management official, with higher legal or administrative studies. The secretary enjoys stability in office. (2) The secretary of the administrative-territorial unit cannot be a member of a political party, under the sanction of dismissal from office. (3) The secretary of the administrative-territorial unit may not be a husband, wife or first-degree relative with the mayor or deputy mayor, respectively with the president or deputy chairman of the county council, under penalty of release from office. (4) The recruitment, appointment, suspension, modification, termination of service relations and disciplinary regime of the secretary of the administrative-territorial unit shall be made in accordance with the provisions of the legislation on public office and functioning Public. Art. 120 ^ 9. -The secretary of the administrative-territorial unit meets, under the law, the following duties a) endorses, for legality, the provisions of the mayor and the president of the county council, the decisions of the local council and the county council; b) participate in the meetings of the local council and the county council; c) ensure the management of administrative procedures regarding the relationship between the local and primary council, respectively the county council and its president, as well as between them and the d) organize the archive and statistical record of the decisions of the local council and the provisions of the mayor, respectively of the decisions of the county council and of the provisions of the e) ensure transparency and communication to the authorities, public institutions and interested persons of the acts referred to in lett. c), under the conditions Law no. 544/2001 on free access to information of public interest; f) ensure the procedures for convening the local council, respectively the county council, and carrying out the secretarial works, communicate the agenda, draw up the minutes of the meetings of the local council, respectively of the county council, and drafts the decisions of the local council, respectively of the county council; g) prepares the works subject to the debate of the local council, respectively of the county council, and its specialized committees; h) other duties provided by law or tasks given by the local council, the mayor, the county council or the president of the county council, as the case may be. Chapter VI ^ 5 a) non-implementation, in bad faith, of the decisions of the local council by the mayor; b) non-implementation, in bad faith, of the decisions of the county council by the president of the county council; c) failure to submit within the period stipulated by the Law on local public finances of the draft budget of the administrative-territorial unit by the mayor, respectively the president of the county council, d) failure to submit by the mayor or the chairman of the county council the reports provided by law, at their fault; e) failure to take the necessary measures, established by the law, by the mayor or the president of the county council, in their capacity as state representatives in the administrative-territorial units. (2) The finding of contraventions and the application of fines shall be made by the prefect, in his capacity as public authority, representative of the Government locally. ((. The provisions of this Article shall be duly completed with the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 ,, as amended and supplemented. " (4) Construction owners provided in par. ((3) are notified within 15 days of the decision of the local or county council and may express their purchase option within 15 days of receipt of the notification. " Art. 120 ^ 10. -(1) It constitutes contraventions and is sanctioned with a fine of 1,000 lei to 5,000 lei the following facts: 101. Paragraph 3 of Article 123 shall read as follows: " (3) Donations and legates with tasks can be accepted only with the approval of the local council or, as the case may be, of the county council, with the vote of most local or county councillors, as the case may be, in office. 102. In Article 123, a new paragraph (4) is inserted, with the following contents: "(4) The exchange of buildings in the private domain of administrative-territorial units is made under the law, based on an evaluation report, appropriated by the local council." 103. In Article 125, two new paragraphs are inserted, paragraphs 3 and 4, with the following contents: " (3) By way of derogation from the provisions of paragraph (2), if the local or county councils decide to sell a land owned by the administrative-territorial unit on which constructions are erected, their bona fide builders benefit from a right of pre-emption when buying land related to construction. The sale price shall be determined on the basis of an evaluation report, approved by the local or county council, as appropriate. 104. Article 128 will read as follows: "" Art. 128. -Construction and repair works of public interest, financed from the budgets of communes, cities, municipalities or counties, are executed only on the basis of technical-economic documentation approved or approved, as the case may be, by the local council or the county council and only on the basis of a public tender, within the limits and under the conditions provided by law. 105. Article 129 will read as follows: "" Art. 129. -Documentation of urbanism and spatial planning on the commune, city, municipality and county shall be elaborated, approved and financed in accordance with the provisions of the law. " 106. In Chapter VIII, Section 2 is repealed. 107. Articles 149 to 153 shall be repealed. 108. Paragraph 1 of Article 154 shall read as follows: "" Art. 154. -(1) Local or county councillors, as the case may be, mayors, deputy mayors, general mayor of Bucharest municipality, mayors and deputy mayors of administrative-territorial subdivisions, presidents and vice-presidents of county councils, secretaries administrative-territorial units and personnel from the specialized apparatus of the mayor, respectively of the county council, answer, as the case may be, contravention, administrative, civil or criminal for the acts committed in the exercise of their duties return, under the law. " 109. Article 156 will read as follows: "" Art. 156. -The provisions of art. 61 61 para. ((4) and art. 113 113 para. (3) on the dismissal of deputy mayors, presidents and vice-presidents of county councils shall apply after the elections of the local public administration authorities in 2008. " 110. After Article 156, two new articles are inserted, Articles 156 ^ 1 and 156 ^ 2, with the following contents: "" Art. 156 156 ^ 1. -The provisions of art. 17 17, art. 40 40 para. ((7) and art. 90 90 para. ((2)-(4) are also applicable if, for different reasons, after the entry into force of this law, the share of citizens belonging to a national minority falls below the percentage provided in art. 17. Art. 156 ^ 2. -The name of the specialized apparatus is replaced, in all the normative acts in force, with the name specialized apparatus. The name of the specialized apparatus of the local council is replaced, in all the normative acts in force, with the specialized apparatus name of the mayor. The name of the decentralized services of ministries is replaced, in all normative acts in force, with the name of the devolved public services of ministries and other specialized bodies of public administration central. " 111. Paragraph 2 of Article 157 shall read as follows: "" (2) On the same date it is repealed Local Public Administration Law no. 69/1991 , republished in the Official Gazette of Romania, Part I, no. 79 of 18 April 1996, as amended, art. 15 15 para. ((2) lit. d) and art. 18 18 para. (2) sentence II of Law no. 393/2004 on the Statute of local elected officials, published in the Official Gazette of Romania, Part I, no. 912 of 7 October 2004, as amended, and any other provisions to the contrary. ' + Article II (1) The secretaries of the communes who, on the date of entry into force of this law, do not have higher education can keep their public office with the obligation that, within 3 years from the date of entry into force of this law, they shall complete a form of education Long-term superior in the specialty of legal sciences or public administration, under penalty of release from office. (2) By December 31, 2006, under the sanction of termination of the employment relationship, they will present documents proving their school situation, allowing them to meet the obligation set out above within the deadline. + Article III Local Public Administration Law no. 215/2001 , published in the Official Gazette of Romania, Part I, no. 204 of April 23, 2001, with subsequent amendments and completions, as well as with those brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT BOGDAN OLTEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, July 6, 2006. No. 286. _________