Communal Government Structure and Functions

Posted on Nov 14, 2024 in Law & Jurisprudence

Communal Government

Local Administration: Each commune’s administration resides in the municipality, which addresses local needs and ensures community participation in economic, social, and cultural development. Municipalities consist of a mayor and an economic and social council.

Functions and Powers of Municipalities

Custodial Duties:

  • Implement provisions on transport, public transit, construction, and development.
  • Urban planning and regulation.
  • Sanitation and beautification.
  • Promote community development.
  • Develop, adopt, and amend the village development plan.

Functions Associated with Other State Agencies:

  • Social assistance
  • Public health
  • Environmental protection
  • Education and culture
  • Employment training and promotion
  • Sports and leisure
  • Tourism
  • Transport and public transit
  • Urban and rural roads
  • Urbanization
  • Social housing and health infrastructure
  • Risk prevention and emergency aid
  • Development activities of common local interest

Essential Duties:

  • Execute the community development plan.
  • Develop, approve, modify, and manage the municipal budget.
  • Manage common goods and national public resources.
  • Issue binding resolutions.
  • Set fees for services, permits, and concessions.
  • Provide grants and contributions to public legal entities.
  • Apply taxes.
  • Establish non-profit corporate or private foundations.

Municipal Resolutions

  • Ordinances: General, mandatory rules applicable to the community. Fines can be imposed for violations and enforced by the Magistrates Court.
  • Municipal Regulations: General rules concerning the municipality’s internal order.
  • Mayoral Decrees: Resolutions addressing individual cases.
  • Instructions: Directives given to subordinates.

Municipal Structure

Municipal Secretary (City Clerk):

  • Directs the administrative secretariat of the mayor and council.
  • Serves as minister of faith in all municipal activities.

Communal Planning and Advisory Unit: Coordinates with the mayor and council.

  • Serves as technical secretary.
  • Advises the mayor.
  • Assesses compliance with plans, investments, and the municipal budget.
  • Conducts analyses and evaluations.
  • Develops general and specific guidelines.
  • Promotes technical connections with public services and the public sector.
  • Collects and maintains community information.

Community Development Unit:

  • Advises the mayor.
  • Provides counsel.
  • Proposes and implements measures related to social welfare, public health, environmental protection, education, culture, training, sport, and recreation.

Municipal Works Unit:

  • Prepares the draft master plan.
  • Enforces the municipal master plan and ordinances.
  • Conducts work inspections.
  • Applies legal and technical standards to prevent environmental degradation.

Cleanliness and Beautification Unit:

  • Maintains sanitation in public roads, parks, and gardens.
  • Manages waste removal services.

Traffic and Public Transport Unit:

  • Grants and renews truck driving licenses.
  • Regulates vehicle operation.
  • Manages road signage.
  • Implements traffic regulations.

Administration and Finance Unit:

  • Advises the mayor on personnel administration and financial management of municipal assets.

Control Unit:

  • Performs internal operational audits of the municipality.
  • Controls the municipal budget and financial execution.
  • Represents the mayor in cases of illegal acts.

The Mayor

The mayor is the highest authority, responsible for management, administration, and operational oversight. Elected by direct vote, the mayor serves a 4-year term.

Reasons for Leaving Office:

  • Loss of citizenship
  • Disability or incompatibility
  • Removal due to serious impediment
  • Resignation
  • End of term

Duties:

  • Represents the municipality judicially and extrajudicially.
  • Appoints and removes unit officers.
  • Takes disciplinary measures.
  • Manages municipal financial resources.
  • Grants, renews, and terminates municipal permits.
  • Acquires and disposes of movable assets.
  • Issues binding resolutions.
  • Coordinates operations.
  • Coordinates with utilities.
  • Executes acts and concludes contracts.
  • Convene and preside over the council.

Requiring Council Agreement:

  • Approve the community plan.
  • Approve the draft master plan.
  • Establish municipal rights.
  • Apply taxes.
  • Grant contributions to public legal entities.
  • Enter into judicial compromises.
  • Grant municipal concessions.
  • Bypass public tender processes.
  • Convene the council on their own initiative.