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Chapter 2 PDF Print E-mail
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Monday, 14 August 2006 01:28


A. Internal Organisation

§ 12
1. The Council is the body and controlling in the municipality.
2. Statutory Board of 15 councilors.

§ 13
1. Municipal Council elects a chairman and 2 - ch Vice absolute majority of votes in the presence of at least half the statutory composition of the Council by secret ballot.
2. Appeal Chairman and Deputy Chairman shall at the request of at least one quarter of the statutory composition of the City Council as specified in Sections 1
3. In the case of the resignation of the President or Vice-President - Council adopts a resolution on the adoption of the waiver no later than within one month from the date of the resignation. Failure of a resolution within one month from the date of his resignation is tantamount to accepting the resignation by the City Council the last day of the month in which the resolution should be taken.

§ 14
1. The sole task of the President of the Council's work is to organize and conduct meetings of the Council.
2. The tasks of the President in particular:
1) preparation of sessions of the Council
2) convene sessions of the Council
3) chair,
4) police exercise session,
5) management support for meetings of the Registry,
6) manage and conduct the voting on draft resolutions
7) managing the selection of the Scrutiny Committee,
8) The signing of resolutions
9) representing the Council on the outside,
10) ensuring the provision of the necessary conditions for the exercise by the council of their mandate,
11) receiving letters sent to the Council, including complaints, as well as an interpellation, proposals and requests, and decide on the manner of their settlement,
12) to make the Council actions in labor law to the Mayor
13) keeping the register of clubs councilors.

§ 15
The tasks of the Vice-Presidents are:
1. Perform the tasks of the President, in his absence, or with his authorization, as well as in the case of a vacancy in the office of the President.
2. Coordinating the work of the committee.

§ 16
The Council appoints the following standing committees:
1. Audit Committee
2. Committee on Budgets
3. Committee on Education and Culture
4. Agricultural Commission, Environment, Trade and Services
5. The Commission of Public Utilities and Property
6. Committee on Health, Social Affairs, Public Order and Public Safety.

§ 17
1. The tasks of the standing committees of the Council include:
1) opinions and reasoning concerning matters within the scope of the committee,
2) analyzing and giving opinions on draft resolutions of the committees,
3) the presence of the initiative uchwałodawczą,
4) exercising control over the execution of the resolutions of the committees,
5) control the activity of municipal entities in the field committee.
6) analyzing and providing opinions on the draft budget of the Municipality,
7) analysis and opinion on the report of the implementation of Municipal budget,
8) issuing opinions on municipal economic programs in the field of the committee,
9) opinions on complaints, to consider which is appropriate to the Council, the committees,
10) issuing opinions on matters submitted to the committee, in accordance with its competence, conclusions residents and municipalities of auxiliary units.

2. The responsibilities of the Audit Committee include:
1) control of the Mayor, municipal entities and individuals supporting the community,
2) to perform other tasks assigned by the Council in respect of control,
3) advise the implementation of the budget of the Commune and its request to the Council on the granting or failure to discharge the Mayor.

3. The responsibilities of the Committee on Budgets to be:
1) issuing opinions on proposals for the rates of local taxes and fees and charges of utilities, which establish the amount falls within the competence of the Council,
2) review changes in the plan of revenue and expenditure budget of the Municipality,
3) advise the authority of the Mayor's proposals to:
a) make changes in the plan expenditure,
b) the transfer of certain powers to make transfers of expenditure planned municipal agencies.
4) opinions on the changes made by the Mayor's statement of revenue and expenditure budget consisting of:
a) changes in revenue and expenditure plans of being introduced in a financial year change in the amounts earmarked grants received from the State budget and the budgets of other local government units,
b) the transfer of expenditure from the budgetary reserves in accordance with the intended purpose of the expenditure
c) a change in the forms of local government revenue resulting from changes in the amounts of subsidies.
5) opinions on proposals for the Mayor's move to block the amount of expenditure earmarked reserve,
6) analyzing and reasoning on matters of budget implementation process Municipalities
7) giving opinions on draft resolutions on matters of borrowing and lending, guarantees, or issue securities.

4. The responsibilities of the Commission of Education, and Culture of the affairs:
1) public education
2) culture,
3) physical culture and tourism, including recreational areas and sports facilities.

5. The responsibilities of the Committee on Agriculture, Environment, Commerce and Services include file:
1) environmental protection and nature
2) water,
3) cleanliness and orderliness,
4) the maintenance of sanitation and waste dumps,
5) disposal of municipal waste,
6) green areas and trees.

6. The responsibilities of the Committee on Public Utilities and Property issues are:
1) real estate management,
2) municipal roads, bridges, plazas and traffic organization,
3) water supply and water supply
4) sanitation,
5) disposal and waste water treatment,
6) the supply of electricity and thermal energy and gas,
7) local public transport,
8) markets,
9) municipal cemeteries,
10) the maintenance of municipal buildings and public facilities and administrative buildings.

7. The responsibilities of the Committee on Health, Social Affairs, Public Order and Public Safety issues include:
a. spatial order,
b. The promotion of the municipality,
c. cooperation with local communities,
d. public order and safety of citizens,
e. fire protection
f. flood protection
g. combat alcoholism.
h. social assistance
i. family policy
j. health.

§ 18
A member may be a member of more than three standing committees.

§ 19
During the term of the Council may establish ad hoc committees to perform specific tasks, defining their composition and terms of reference.

§ 20
1. Directs the work of the committee chairman or deputy chairman of the committee.
2. A member may be the chairman of only one standing committee.
3. Council elect committee chairmen.
4. To work in the committees report to council his accession to the behavior of § 18, and the Local Council appoints its composition.

§ 21
1. Chairman of the committee organizing the work of the committee and leads the sessions.
2. The tasks of the committee chairman, in particular:
1) prepare the meetings of the committee,
2) convening meetings of the committee,
3) chairing meetings of the committee,
4) ensuring that the policy committee meetings,
5) Registry service management committee meetings,
6) manage and conduct the vote on the proposals, opinions and conclusions,
7) representing the outside.
3. In the absence of the Chairman, or with his authorization, as well as in the case of a vacancy in the office of the Chair, the task executes its deputy chairman.

§ 22
Obsługę Council and its bodies zapewnia Mayor.

B. Organization of work

§ 23
1. The Council acts on the sessions, through its committees and by the Mayor executing the resolution.
2. Mayor and Council committees operate under the control of the Council, which shall report on its activities.

§ 24
1. The Council operates in accordance with the approved annual work plan:
1) in the first year of the term - within three months after its commencement,
2) in the following years - the last session of the year preceding the year covered by the plan.
2. Council may, on an ongoing basis to make changes and additions in the work plan.

C. Sessions

§ 25
1. The Council meets in sessions and decide on the form of resolutions all matters within its competence as defined in the Local Government Act and other laws, as well as legislation issued on the basis of laws.
2. In addition to the resolutions referred to in paragraph. 1 The Council may take the form of resolutions:
1) The procedural provisions,
2) statements - containing samozobowiązanie to a specific procedure,
3) statements - including the position in a particular case,
4) appeals - including a formal non-binding letter of the external recipients for a particular procedure, take the initiative or task.
3. For provisions, declarations, statements and appeals shall not apply as provided for in the Statute of the procedures for submitting initiatives uchwałodawczej.

§ 26
1. Council shall hold sessions with the frequency required to perform the tasks of the Council, but not less frequently than quarterly.
2. At the request of the Mayor, or, at least one quarter of the statutory composition of the President is obliged to convene a session within 7 days from the date of filing.

D. Preparation of the session.

§ 27
1. Sessions of the Council is preparing.
2. Preparation of the session includes:
1) determine the agenda,
2) determine the time and place of meeting,
3) to provide for a councilor of materials, including draft resolutions on specific items on the agenda.
4. In the preparation session, the President may consult with the Vice-President, Mayor.

§ 28
1. Sessions convened by the Chairman of the Municipal Council or under the authority of Vice-President.
2. The date, place and agenda of council sessions shall be at least 3 days before the meeting, providing the materials by courier Municipal Office or in any effective way.
3. In particularly justified cases, the term referred to in paragraph 1 may be reduced to 24 hours.
4. Notice, together with materials relating to the adoption of the session on the budget and reports on the implementation of the budget sent to the Councillor at least 14 days before the session.
5. In the event of breach of terms, as referred to in paragraph. 2, 3 and 4, the Council can decide to postpone the session for a new term of its holding.
6. The proposal to adjourn the session may be made by Councilor at the beginning of the session, prior to the adoption of the agenda.
7. Notice of the time, place and subject matter of the deliberations of the Council should be given to the public in the customary manner.

§ 29
1. Before each session of the Council after consultation with the Mayor establish a list of people invited to the session.
2. Participate in the sessions of the Council - an advisory capacity - persons who are not council members - Mayor, Deputy Mayor, Secretary and Treasurer.
3. To attend sessions of the Council may be required managers of the Office of the paper, as well as the legal adviser of the Authority and managers of municipal agencies.

§ 30
The Mayor is obliged to furnish the Council all technical and organizational assistance in the preparation and completion of the session.

E. Deliberations

§ 31
1. Council sessions are public.
2. Openness of the session means that during the session in the courtroom may be present audience, which is designated for that purpose space.
3. Withholding of the session is allowed only in cases provided for in the Act on state secrets and then deliberates behind closed doors.

§ 32
1. Sessions are held at one sitting.
2. At the request of the President of the Council, or Councillor, the Council may decide to discontinue the session and to continue deliberations in another deadline for the next meeting of the same session.
3. The interruption of the session as provided in subsection 2, the Council may decide, in particular because of the impossibility of exhaustion on the agenda or the need for its extension, the need for additional materials or other unforeseen obstacles to the Council debated and appropriate to adopt resolutions.
4. The fact of business interruption and the names of Councillors who have no excuse left before the end of the deliberations recorded in the minutes.

§ 33
Subsequent sessions of the Council shall be convened at dates fixed in the work plan of the Council or by the dates specified by the President of the Council.

§ 34
1. The Council may initiate proceedings only in the presence of at least half of his legal team.
2. Chairman of the meeting is not interrupted when the number of Councillors present at the place of the meeting of Council falls below half of the statutory composition. However, the Council can then adopt resolutions.

§ 35
1. Session opens, runs and closes the President of the Council.
2. In the absence of the Chairman of the operations referred to in paragraph 1 does Vice President of the Council.
3. Council at the request of Council President may appoint a secretary of the council meeting and entrust him to lead the list of speakers, registration applications submitted, the calculation results of the vote open, checking for a quorum, and perform other acts of similar nature.

§ 36
1. Opening of the session after the termination of the Chairman of the formula: "open ........... session of the City Council in Szlichtyngowa. "
2. After the opening session of the Council concludes on the basis of the legitimacy of the meeting attendance list, in the absence of a quorum, the provisions of § 32 paragraph 2

§ 37
1. After the opening session of the Council shall submit to the Council agenda.
2. A request to amend the agenda may occur councilman and mayor.

§ 38
The agenda includes in particular:
1) the adoption of the minutes of the proceedings of the previous session,
2) Mayor's report on the work of the inter-period, particularly the implementation of resolutions
3) Consideration of draft resolutions and to adopt resolutions or take a position,
4) interpellations and councilors,
5) answers to questions raised at previous sessions,
6) free applications and information.

§ 39
1. A report on the extent provided for in § 38 Section 2 consists of the Mayor or his Deputy.
2. The committee's report shall consist of the chairman or the rapporteur appointed by the committees.

§ 40
1. Questions and queries are directed to the Mayor.
2. Questions relate to matters of fundamental communal nature of the community.
3. Interpellation should contain a brief statement of the facts, which is its subject matter and the consequent questions.
4. Questions shall be submitted in writing to the Chairman, the President shall immediately communicate an interpellation to the addressee.
5. The answer to the interpellation shall be given orally or in writing to the session within 14 days - to the Chairman of the Council and Councilor consisting interpellation.
6. If you recognize the answer is unsatisfactory, interpelujący Councillor may ask the Council President to order the immediate complete response.
7. President of the Council shall inform the council about complex interpellations and responses to them at the next session of the Council, under a separate agenda item.
8. The register maintained by the interpellation Municipal Council. The register contains content beyond the content of the interpellation submitted its reply.

§ 41
1. Inquiries made on matters of current problems the community, and to obtain information about the specific case.
2. Queries are formulated in writing to the Chairman of the Council or orally at the Council session. If you are a direct response to your query is not possible, when asked reply in writing within 14 days. Paragraph 40 of the paragraph. 5, 6 and 7 shall apply accordingly.

§ 42
1. President of the Council deliberates on the order passed by opening and closing the discussion on each point.
2. Council President shall call on first come, in appropriate cases it may also give a voice out of sequence.
3. Councillor may not speak without the permission of the Chairman of the Council.
4. President of the Council may speak at any time of the meeting.
5. President of the Council may grant to a non-voting Councillor.

§ 43
1. President of the Council shall ensure the effective conduct of business, and especially the economy of the instances of Councillors and other persons participating in the session.
2. President of the Council may, in particularly justified cases, call a speaker to speak on the topic.
3. If the subject or the manner of the alderman or conduct clearly interferes with the agenda or prejudice the seriousness of the session the President shall call a councilor for the proper behavior, and when the recall but has failed may forbid him to speak, ordering note this fact in the minutes.
4. The provisions of paragraphs. 2 and 3 shall apply mutatis mutandis to persons outside the Council invited to the session and the audience.
5. After prior warning, the President may order the parties leave the courtroom from the public that their behavior or the occurrence of disruptive or undermine the seriousness of the deliberations of the session.

§ 44
At the request of Councilor, Chairman of the session, the minutes Councilor reported the occurrence of the letter, but not delivered during the meeting by informing the Council.

§ 45
1. Council President shall call out of sequence on the conclusions of a formal nature, in particular regarding:
1) establish a quorum,
2) amendments to the agenda,
3) restrictions on speaking time panelists,
4) closing the list of speakers or candidates,
5) End the discussion and adoption of the resolution,
6) a pause,
7) referral of the draft resolution to the committee,
8) count the votes,
9) compliance with the rules of business.
2. Submit formal proposals to the President for discussion after the release of one vote in favor and one vote "against" the proposal, and then subject the matter to a vote.

§ 46
1. Personal Affairs Council shall consider the presence of the person concerned. However, the Council may decide otherwise.
2. Order of the paragraph. 1 does not apply in cases of unjustified absence at the session concerned.

§ 47
1. After exhausting the list of speakers, the Chairman of the Council closed the discussion. If necessary, managed a break in order to allow the committee responsible or the Mayor to comment on the reported proposals during the debate, and where needed - the preparation of amendments in the present document.
2. After the discussion, the Chairman of the voting procedure begins.
3. After the start of the voting procedure, until the ordinance vote, Chairman of the Board may grant voting rights only Councillor to report or request a formal justification of the manner or order of the vote.

§ 48
1. Having exhausted the agenda of the Chairman of the Board terminates the session, saying the formula: "I close ............. session of the City Council in Szlichtyngowa. "
2. The time from the opening session to the end shall be for the duration of the session.
3. Order of the paragraph. 2 refers to the session, which covered more than one meeting.

§ 49
1. The Council is bound by the resolution upon its adoption.
2. Repeal or amendment of the adopted resolutions can only be done by separate resolution adopted no earlier than the next session.

§ 50
To all persons within the venue after the session or meeting to the general provisions of law enforcement jurisdiction over the place in which the session takes place.

§ 51
1. The minutes of the deliberations of the employee of the Municipal Council.

§ 52
1. Minutes of the session, the Council must faithfully reflect the course of the session.
2. Minutes of the sessions of the Council include:
1) number, date and place of the session, an hour of its start and end numbers indicate the resolutions, the name of the Chairman of the meeting and the clerk,
2) declaration of the validity of the meeting,
3) the names of absent members of the Council of the reasons for any absence,
4) noting the adoption of the minutes of the previous session,
5) agenda,
6) conduct of business, in particular, content of speeches or a summary thereof submitted articles, as well as the adopted proposals, and submit written note of the facts presented,
7) the voting and shall specify the number of votes "for", "against", "abstain",
8) an indication of the contribution by Councilor dissenting opinion to the content of the resolution,
9) signature of the Chairman or Deputy Chairman and lead the deliberations of the person drawing up the protocol.

§ 53
1. During the meeting or no later than the next session, council members may propose amendments or additions to the minutes, but their account of the Council shall decide, after hearing the reporter.
2. If an application referred to in paragraph 1 shall not be granted, the applicant may lodge an objection to the Council.
3. The Council may adopt a resolution to adopt the minutes of the previous session after the opposition, which referred to in paragraph 2.

§ 54
1. Minutes of the session are numbered in Roman numerals, łamanymi the last two digits of the year. New numbering starts with the beginning of term.
2. To the protocol attached to the attendance of councilors and a separate list of invited guests, the text of the resolutions adopted by the Council, excuse the absent persons, statements and other documents submitted to the Chairman of the Council.
3. Within 5 days after the end of the session of the Council is obliged to provide the Mayor of the resolutions passed.

§ 55
Office support worker performs the session indicated by the Mayor.

F. Resolutions

§ 56
The resolutions referred to in § 25 section 1 and 2, shall be in separate documents.

§ 57
1. A request for adoption of the resolutions may include:
1 / The President of the Council,
2 / committees of the Council,
3 / Councillor,
4 / clubs councilors.
2. Preparation of draft resolutions to the Mayor and Municipality.
3. The draft resolution should have the legal and factual justification. Justification of the draft resolution should be stamped and
signed by the Mayor and Municipality or a person authorized by him.
4. The draft resolution should be evaluated by legal counsel, formally.

§ 58
Board resolutions should be drafted in a concise, synthetic, using the expressions in their primary sense. The draft resolutions to avoid the use of specialized expressions, borrowings from foreign languages and neologisms.

§ 59
1. Whenever I lay down the law the requirement of the Council with an opinion of her resolution in concert or in consultation with government authorities or other agencies, to agree on a draft resolution submitted by the Council.
2. Order 1 shall not apply where the law that is subject to the submission of a draft resolution drawn up by the Mayor.

§ 60
1. Resolutions of the Council signed by the Chairman of the Council.
2. Paragraph 1 shall apply mutatis mutandis to the Vice Chairman of conducting the sessions.

§ 61
Resolutions are numbered by Roman numerals indicating the sequence number of the session, łamanymi the serial number of the resolution marked with Arabic numerals and łamanymi the last two digits of the year. New numbering of the resolutions begin with the start of term.

§ 62
The Municipal Council of the original resolutions are recorded in the register of the resolutions and keep with the protocols of the session.

G. Voting procedure

§ 63
The vote involved only councilors.

§ 64
1. Voting is open by show of hands.
2. Vote manages and conducts open Council President, converted cast votes in favor, '"against" and "abstain", sums and comparing them with the list of Councillors present at the session, or the composition or the composition of the Legislative Council requires the voting results recorded in the minutes of the session.
3. To count the votes the President may appoint councilors.
4. Explicitly announces the voting results of the Council.

§ 65
1. The council members voted by secret ballot papers stamped with the seal of the Council, the Council shall determine how each vote, and carry the same vote from among the elected Council of the Scrutiny Commission chairman chosen from among themselves.
2. Scrutiny Commission before voting explains how to vote and carried them, in turn wyczytując councilors from the attendance list.
3. After a recount of the Scrutiny Committee Chairman reads the protocol, indicating the outcome of the vote.
4. Charter of the votes cast and the voting protocol are attached to the minutes of the session.

§ 66
1. President of the Council before the proposal to a vote and announce to the Council clarifies the proposed content of the proposal in such a way that its wording was clear, and the application has not raised doubts about the intentions of the applicant.
2. The first President of the Council put to the vote the proposal as far reaching, if it might exclude the need to vote on other proposals. Any dispute as to which of the proposals are far-reaching decision as President of the Council.
3. In the case of voting on elections of President of the Council before the closure of the list of candidates ask each of them whether he agrees to stand, and after receiving the affirmative vote puts closure of the list of candidates and administer elections.
4. Councillor can not participate in the vote in the council or in committee, it relates to his interest.
5. This provision does not apply paragraph 3, when absent by the candidate prior consent in writing.

§ 67
1. If additional proposal (s) to pass a resolution on the matter will be submitted a proposal to reject the proposal (s), the Council shall first vote on the proposal to reject the proposal (s) to adopt the resolution.
2. Vote on amendments to particular paragraphs or sections of the draft resolution is in the order, except that the first step can be put to the vote the amendment, which decides the acceptance or rejection of other amendments.
3. In the case of adoption of the amendment excludes other amendments to the draft resolution, these amendments are not put to a vote.
4. In the case of a declaration to the same part of the draft resolution a few amendments, the principle laid down in § 66 paragraph 2.
5. President of the Council may order a vote in the last instance for the resolution in its entirety with changes arising from amendments to the draft resolution.
6. President of the Council orders a vote in the last instance for the resolution in its entirety with changes arising from amendments to the draft resolution.
7. President of the Council may postpone the vote, spoken of in section 6 of the time needed to determine whether as a result of amendments adopted, there is no conflict between the provisions of the resolution.

H. Commissions

§ 68
1. The committees operate at the meetings.
2. Standing committees shall act in accordance with the annual work plan submitted to the Council.
3. The Council may recommend to the committees in the work plan to make appropriate changes.

§ 69
1. Commissions shall adopt the opinions and proposals and submit them to the Council.
2. Opinions and proposals of the committee shall be adopted in an open vote by simple majority, in the presence of at least half of the committee.
3. The Office shall keep a register of opinions and proposals of the committee.

§ 70
1. Chairman of the standing committees at least once a year, present at the session of the Council a report on the activities of the committee.
2. 1 The provision shall apply to the ad hoc committee appointed by the Council.

§ 71
Based on the authority of the Council Chairman or Deputy Chairman may convene a meeting of the committee and have the committee report to the Council.

§ 72
1. Board committees may hold joint meetings.
2. Committees of the Council may cooperate with other relevant committees of municipal councils, especially the neighboring countries, and also with other actors, if it is justified by the scope of their activities.

§ 73
In the absence of this Statute to the mode of operation, the provisions concerning the Council's work.

Councillors I.

§ 74
Councillor is required to take an active part in the work of the City Council and its bodies and other government institutions to which he was elected or appointed.

§ 75
1. Councillors are entitled to submit for discussion the City Council sessions or meetings of the matters which they regard as socially important and justified.
2. Councillors have the right to intervene and apply for the institutions to which these proposals relate.
3. Councillors have the right to direct the interpellations and at the Mayor and Municipality. § 76
1. Councillors confirmed their presence at meetings and meetings of the signature on the attendance list.
2. Councilor within 3 days from the date of the session of the Council or committee meeting should justify their absence by submitting a written explanation to the appropriate Chairman or the Chairman of the committee.

J. Joint sessions of the Councils other local government units

§ 77
1. The Council may hold joint sessions with other municipal councils, in particular, to consider and resolve their common issues.
2. Organize a joint session of President councils concerned local government units.
3. Notice of the joint session be signed jointly by the President or authorized Deputy concerned local government units.

§ 78
1. The costs borne by the joint session of equally concerned local government units, unless the council participating in a joint session otherwise.
2. The course of the discussions can be regulated by common regulations enacted prior to the meeting.
Last Updated on Tuesday, 15 August 2006 05:17
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