County councilors duties
COUNTY COUNCILORS DUTIES
The county councilors empowered to represent the interests of the administrative-territorial unit in companies, autonomous administrations of county interest and other cooperation or partnership entities are appointed, by decision of the county council, according to the law, in compliance with the applicable incompatibilities regime and the political configuration since the last local elections.
The mandate of the county councilors is of 4 years and is exercised according to the law regarding the election of the authorities of the local public administration. The mandate of the county council can be extended, by organic law, in case of war or catastrophe or other situations expressly provided by law.
Throughout the mandate, the local elected officials are considered in the exercise of public authority and they enjoy the protection provided by law.
Freedom of expression is guaranteed in the exercise of the mandate of the local elected official for the settlement and management of public affairs, in the interest of the local community it represents. Local elected officials cannot be held legally responsible for the political opinions expressed in the exercise of the mandate.
They can be formed into groups, depending on the political parties or alliances whose lists have been elected, if they are at least 3.
They are obliged to respect the Constitution and laws of the country, as well as to obey the rules of courtesy and discipline and not to use in their speech or in their relations with citizens insulting, offending or slanderous expressions.
They are obliged to respect the county council’s rules of organization and functioning.
They have the obligation to atend the works of the county council and the specialized commissions. They cannot miss from the the works of the county council or of the specialized commissions to which they belong to, except in the situations provided in the county council’s rules of organization and functioning. The county councilor who absents unmotivated twice consecutively at the meetings of the county council is sanctioned, according to the law.
They have the right of initiative in promoting administrative acts, individually or in groups. They can ask questions to the president of the county council and the vice-presidents of the county council, as the case may be. They can participate in the debates in order to announce their intention to speak. They are obliged, in their word, to refer exclusively to the issue that forms the subject of the debate.
They can make substantive or formal amendments to the draft decisions according to the procedures in force and the regulation of organization and functioning of the county council.
They have the right, during the current session of the county council, to challenge the content of the minutes and to request the exact mention of the opinions expressed in the previous sitting.
In the specialized commissions, organized on the main activity areas, the county councilors analyze the draft decisions in their field of activity, draw up opinions with advisory role on the draft decisions and on the issues analyzed that they present them to the county council and fulfill any other attributions established by the regulation of organization and functioning of the county council.
The county councilors, as well as the president of the county council, as the case may be, as legal representatives of the county, have the duty to participate during the term of office, at exercising the powers of the local public administration authorities of which they belong or which they represent, as the case may be, in good faith and fidelity to the country and the community that elected them.
They are bound by probation and professional discretion.
They are required to show honesty and fairness. It is forbidden for the local elect to ask, for himself or for another, money, useful materials or other benefits. They cannot make use and cannot rely on this quality in the exercise of an activity of personal interest.
They are required to organize periodically, at least once a quarter, meetings with the citizens, to grant audiences and to present in the county council a report on the problems raised when meeting with the citizens.
Following the accomplishment of some official missions, the local elected officials are obliged to present, at the first ordinary meeting of the county council, a report on the trips made. The maximum deadline for submitting the report is 45 days from the end of the mission.
The incompatibilities regime applicable to the county councilors is the one provided by the special legislation regarding some measures to ensure transparency in the exercise of public dignities, public functions.
Local elected officials in conflict of interests under the conditions of the law regarding certain measures to ensure transparency in the exercise of public dignities and public functions, have the obligation to refrain from issuing or participating in the issuance or adoption of the administrative act from the conclusion or participation to the conclusion of the respective legal act, which could produce a material use for itself or for the situations provided by law. They have the obligation to announce at the beginning of the meeting of the county council, the personal interest they have when adopting the respective decision. They are not taken into account for the necessary quorum to adopt the decision of the council regarding on the announcing of their interest and they have no right to vote when the decision is adopted.
They have the obligation to prepare, submit and update the financial disclosure statement and declarations of interests in accordance with the provisions of the legislation on integrity in the exercise of public functions and dignities.
They are responsible in their own name, for the activity unfolded in the exercise of the mandate, as well as for solidarity, for the activity of the county council they belong to.
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