HUNEDOARA MUNICIPALITY CITY HALL
of organization and functioning of the Local Council of Hunedoara Municipality
Establishment of the local council
(1) According to the provisions of the Law on local public administration no. 215/2001, within 20 days from the date of the elections, the meeting for constituting the local council will take place. The convocation of the declared elected councilors, at the constitutive meeting of the council, is made by the prefect, by order.
(2) The meeting is legally constituted if at least two thirds of the number of declared elected councilors participate. If this majority cannot be secured, a new meeting will be held in 3 days. For this purpose, the prefect will issue a new summons order. If even this time at least two thirds of the declared councilors elected by the constituency electoral bureau do not appear, the prefect will make a new convocation in another 3 days, issuing a new order for this purpose.
(3) If at least two thirds of the number of declared councilors elected are not present at the third convocation, the prefect will order the verification of the reasons that determined the absence of absent councilors at the meeting. If the absences are not based on good reasons, determined by: illness, which required hospitalization or bed rest; travel abroad in the interest of work; force majeure events, such as: floods or other catastrophes that prevented travel, death in the family or other similar situations, the prefect will issue an order declaring vacant the seats of elected councilors, who were unjustifiably absent from the 3 convocations previous. The prefect’s order can be challenged by those interested in the administrative contentious court within 5 days from the communication.
(4) Before issuing the order provided in par. (3) the prefect shall check whether the lists of candidates submitted by political parties, political alliances or electoral alliances whose declared elected councilors have been unreasonably absent are still substitutes. If so, the same order shall provide for the organization of a new constituent meeting at which the alternates shall be summoned.
(5) If on the lists of candidates there are no more substitutes or they refuse, in their turn, to appear at the meeting, the prefect will order the organization of elections for filling the positions declared vacant according to par. (3). The elections will be organized under the conditions of Law no. 70/1991 on local elections, republished, with subsequent amendments and completions, within 30 days from the date of issuing the order and in which all political parties, political alliances or electoral alliances that initially submitted lists of candidates, such as and independent candidates who were not declared elected in previous elections. ”
The mayor who has been declared elected may also attend the legally constituted constituent meeting, even if the procedure for validating his mandate has not been completed.
(1) The constituent meeting is opened by the prefect or by his representative, who invites the oldest of the councilors, as well as his 2 assistants to take over the management of the meeting. Assistants to the senior president will be appointed the youngest counselors.
(2) After taking over the management of the meeting, a break is taken, during which the groups of councilors are formed, according to the legal provisions, and the secretary of the administrative-territorial unit presents to the old president and his assistants the files of the elected councilors and their deputies. how they were received from the constituency polling station. The files may be accompanied by the written options of the elected counselors who hold positions incompatible, according to the law, with the quality of counselor.
(3) If the declared elected mayor also ran for the position of councilor and obtained the mandate, his / her file will be accompanied by the written option for one of the two positions.
(4) The provisions of par. (3) shall apply only if the procedure for validating the mayor’s mandate has been completed.
(1) At the resumption of the works, the declared elected councilors will elect by open vote, expressed by raising their hands, a validation commission composed of 3-5 local councilors. The number of members of the commission is established by open vote, at the proposal of the senior chairman. The Commission is elected for the duration of the term of office.
(2) The appointment of the candidates for the validation commission is made by the groups of advisers constituted according to art. 3 para. (2). The number of seats due to each group is determined according to the number of seats obtained by the group in question.
(3) The election of the members of the validation commission is made individually, by the open vote of the majority of the councilors present at the constitutive meeting, and the result will be recorded in the decision no. 1.
The mandate validation commission elects from among its members a president and a secretary, in compliance with the voting procedure provided in art. 4 para. (3).
(1) After the election of the validation commission, the president orders a new break, during which the commission will examine the legality of the election of each councilor, based on the files presented by the old president, and the proposals for validation or invalidation of mandates will be elaborated. For this purpose, a report is concluded, the model of which is presented in annex no. 1 of Ordinance no. 35/2002 approved, modified and completed by Law no. 673/2002.
(2) If the mayor, whose mandate has been validated, has also been elected councilor and opts for the position of mayor or if the councilors holding incompatible positions opt in writing for resigning from the position of councilor, the file will be examined for validation. the alternate, respectively the alternates from the same list, in the order in which those in question were registered on the list of candidates.
(3) The invalidation of the election of a councilor may be proposed by the validation commission only if it found that the eligibility conditions established expressly by law were violated or if the election was made by electoral fraud ascertained by the electoral bureau, according to Law no. . 70/1991, republished, with subsequent amendments and completions. The invalidation of the mandate will be proposed also in the cases provided in par. (2).
(4) The councilors who are absent motivated from the incorporation meeting may be validated or invalidated in their absence.
(5) If, by the date of validation, a declared candidate is no longer part of the party on whose list he was elected, at the written request of that party his mandate will not be validated, the first alternate will be validated on the list.
(1) The validation or invalidation of the mandates is done in alphabetical order, by the open vote of the majority of the councilors present at the meeting. The person whose mandate is subject to validation or invalidation shall not participate in the vote.
(2) The result of the validation of the mandates is recorded in the decision no. 2 which is immediately communicated to the counselors who were absent motivated.
(1) After the validation of the mandates of at least two thirds of the number of councilors established according to the law, the following oath shall be taken: “I swear to respect the Constitution and the laws of the country and to do in good faith everything in my power and skill. for the good of the inhabitants of the commune … (the city, the county). May God help me! ”
(2) The oath shall be taken according to the following procedure: the secretary of the commune, city, municipality or administrative-territorial subdivision of the municipality shall read the oath, after which the validated councilors shall appear, in alphabetical order, before a specially arranged table. find a copy of the Constitution and the Bible. The counselor will put his left hand on both the Constitution and, if necessary, on the Bible, will pronounce the word “oath”, after which he will sign the oath of allegiance, which will be printed on a special form.
(3) The oath shall be signed in two copies. One copy is kept in the validation file, and the second is handed to the counselor.
(4) Counselors may take the oath without a religious formula. in this case the oath will be printed on the form without this formula.
(5) The councilors who refuse to take the oath are considered to have resigned by law, a fact which is recorded in the minutes of the meeting. In this case, the mandate of the first deputy on the list of the respective political party, political alliance or electoral alliance will be subject to validation, if until the validation of the mandate the political parties and political alliances confirm in writing the membership of the councilor in question.
(6) After taking the oath by at least two thirds of the members of the local council, the president of the age shall declare the legal council constituted. The declaration of the council as legally constituted is ascertained by decision no. 3.