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LOCAL COUNCIL.

THE MAYOR

Establishment of council

Local councils are composed by local councilors elected by universal, equal, direct
and secret suffrage under the terms established by law for the election of local
authorities.

The number of members of each local council is established by order of the prefect,
depending on the number of inhabitants of the village, town or city, according
population by address reported by the National Statistics Institute on 1 January of
the current year, as follows:

The number of
The number of inhabitants or town
councilors
Up to 1,500 9
Between 1501 and 3000 11
Between 3001 and 5000 13
Between 5,001 and 10,000 15
Between 10,001 and 20,000 17
Between 20,001 and 50,000 19
Between 50,001 and 100,000 21
Between 100,001 and 200,000 2. 3
Between 200.001 and 400.000 27
400,000 31

The General Council of Bucharest is composed of 55 local councilors.

The establishment of local councils shall be made within 20 days of the


election date. Convening declared elected councilors for the founding meeting is the
prefect. At the constituent meeting can participate prefect or his representative and
the mayor, even if the validation procedure mandate has not been completed.

The meeting is legally constituted if at least two thirds of the elected


councilors. If the majority can not be ensured, the meeting will be held under the
same conditions, over 3 days, as convened by the prefect. If no second call is not
legally constituted meeting, the Prefect shall proceed to a new call over another 3
days under the same conditions.

If the council can not meet any on the last call, due to the absence without good
reasons, counselors, prefect shall declare vacant the seats of the elected councilors
who were absent without leave from the 3 convocation earlier, if they can not be
replaced by alternates registered on the respective lists of candidates, organizing the
elections for completion within 30 days, under the law on election of local
authorities.

The prefect's order declaring the seats vacant councilors who were absent without
leave can be attacked by those concerned at the administrative court within 5 days
from the communication. The court decision is final and irrevocable.

The absence of councilors from constituent meeting is considered justified if it proves


that it occurred due to an illness that required hospitalization or made impossible
their presence has to go abroad for work or to events of force majeure.

The meetings of formation are led by the senior advisor, assisted by two counselors
of the youngest.

Local councilors whose mandates have been validated shall take before the council
following oath in Romanian: "I swear to respect the Constitution and laws of the
country and do, in good faith, everything is in power and my knowledge for the
good inhabitants (town, city, county) ... So help me God! "

Local councilors who refuse to take an oath are considered resigning law.

The oath may be taken without the religious formula.

Powers of local

(1) The local council has initiative and act according to the law in all matters of local
interest, except those assigned by law to other local authorities or central
government.
(2) The local council exercises the following categories of tasks:
a) duties on the organization and functioning of the mayor's specialized apparatus,
institutions and public services companies and local and autonomous
administrations of local interest;
b) tasks on socio-economic development and environment of the village, town or
city;
c) tasks regarding public and private administration of the village, town or city;
d) duties on the management services provided to the citizens;
e) duties on interinstitutional cooperation internally and externally.
(3) In exercising the powers provided in par. (2) a) local council:
a) approves the status of the village, town or city, and the regulation of organization
and functioning of the local council;
b) approves the law, the mayor's proposal, the establishment, organization and the
positions of mayor's specialized apparatus, institutions and public services of local
interest and the positions and the reorganization of autonomous administrations of
local interest;
c) exercise, on behalf administrative-territorial unit, all corresponding rights and
obligations of shareholdings in companies or agencies, under the law.
(4) In exercising the powers provided in par. (2) b) the local council:

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a) approved the mayor's proposal, local budget, credit transfers, the use of the
budget reserve and the final account of the budget year;
b) approved the mayor's proposal, contracting and / or guaranteeing loans and
contracting of local public debt by issuing securities on behalf of the administrative-
territorial law;
c) establish and approve local taxes, according to the law;
d) approved the mayor's proposal, technical and economic documents for the
investment works of local interest under the law;
e) approve policies on economic, social and environmental development of
administrative-territorial unit;
f) ensures the work and take necessary measures to implement and comply with the
provisions of the commitments undertaken in the European integration process in
environmental protection and water management services provided to citizens.
(5) In performing tasks under par. (2) c) the local council:
a) decides giving into administration, concession or lease public property to the
village, town or city, as appropriate, as well as local public services, under the law;
b) decides the sale, lease or rental property private property of the village, town or
city, as appropriate, under the law;
c) endorse or approve, under the law, documentation of landscaping and urban
settlements;
d) assign or change in the law, the names of streets, markets and local public interest
objectives.
(6) In exercising the powers provided in par. (2) d) local council:
a) provides, according to its competence and according to the law, the framework for
providing public services of local interest on:
1. education;
2. social services for child protection, persons with disabilities, the elderly, families
and other individuals or groups in social need;
3. Health;
4. culture;
5. youth;
6. sport;
7. public order;
8. emergency situations;
9. protection and rehabilitation;
10. conservation, restoration and enhancement of historical and architectural
monuments, parks, public gardens and nature reserves;
11. Urban Development;
12. evidence of persons;
13. bridges and public roads;
14. community services of public utilities: water, gas, sewerage, sanitation, heating,
public lighting and local public transport, if applicable;
15. emergency services type mountain rescue, lifeguard and first aid;
16. The activities of the Community social administration;
17 social housing and other housing units owned by the administrative-territorial
unit or its management;
18. highlighting the benefit of the local community, natural resources across
administrative-territorial unit;

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19. other public services established by law;
b) shall decide the grant of allowances and other facilities, according to law, medical
personnel and teachers;
c) support, under the law of religious activity;
d) may request information and reports from the mayor, deputy mayor and the
heads of the bodies of public service and public utility services of local interest;
e) approve construction of social housing allocation criteria for social housing and
housing utilities owned or its management;
f) may request specific information and reports from the mayor and the heads of the
bodies of public service and local public interest.
(7) In exercising the powers provided in par. (2) e), the local council:
a) act under the law, cooperation or association with Romanian or foreign legal
entities to finance and joint realization of actions, works, services or projects of local
public interest;
b) shall, under the law, twinning village, town or city with administrative units in
other countries;
c) act under the law, cooperation or association with other administrative units in the
country or abroad, and adherence to national and international associations of local
authorities in order to promote common interests.
(8) The local council may confer individuals with outstanding Romanian or foreign
title of honorary citizen of the village, town or city, under its own rules. This
Regulation shall be determined and awarded the title of withdrawal conditions.
(9) The local council perform any other duties established by law.

Operation council

The local council is elected for a term of four years which may be extended by
an organic law, in case of war or disaster.

The local council exercises its mandate until the date of the legally
constituted new elected council.

The local council shall meet in regular sessions on a monthly basis. The local
council may also meet in extraordinary session at the request of the Mayor or at least
one third of board members.
In case of force majeure and interests of immediate emergency, the local
council can be convened witouht any previous procedure.
The invitation to the meeting shall specify the date, time, venue and agenda
thereof.
The agenda of the meeting of the local council are informed inhabitants of the
city or through the media or by any other means of advertising.
In villages or towns where citizens belonging to national minorities have a
share of over 20% of the people agenda shall make public in the language of minority
citizens.
The local council meetings are conducted legally in the presence of the
majority of local councilors in office.

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The presence of local councilors at the meeting is mandatory. Where the
absence is motivated shall be determined by rules of organization and functioning of
the local council. The local councilor who is absent without leave twice is penalized
under the rules of organization and functioning of the local council.
Local council meetings are led by a chairman of the meeting,
local council meetings are public.
Working meetings are conducted in Romanian, in local councils where local
councilors belonging to a national minority represent at least one-fifth of the total at
council meetings can use their native language. In these cases will ensure, through
the mayor, the Romanian translation. In all cases the council meeting documents are
prepared in Romanian.
In exercising its duties the local council makes decisions by a majority vote of
members present, except where the law or the rules of organization and functioning
of the board requires another majority.
Decisions of the local council shall be automatically void. Nullity shall be
ascertained by the administrative court. Proceedings may be brought by any
interested person.
The normative decisions become binding and effective on the date of bringing
them public and the individual from the communication.
Local councilors are obliged, in fulfilling its mandate, to organize meetings
with citizens and to grant audiences.
Each councilor and deputy mayor are required to submit an annual activity
report, which will be made public by the secretary.
To participate in local council meetings and specialized committees, local
councilor receives an allowance established by law.

The works of the Council may be attended, without voting rights, by the
prefect, county council chairman or their representatives, MPs and Senators,
Ministers and other Government members, secretaries and undersecretaries of state,
heads of decentralized public services of ministries and other central bodies of
administrative units in matters concerning the areas of responsibility of these
services, and stakeholders invited by the mayor.

The mayor and deputy mayor

T he communes, towns and cities have a mayor and a deputy mayor and county
capital cities have a mayor and two deputy mayors, elected under the law.
The deputy mayor is subordinate to the mayor and his legal substitute, who
can delegate his powers.
The deputy mayor is elected by a majority vote according to local councilors
from among its members
The function of deputy mayor can be replaced by the local council, by
resolution adopted on the basis of vote of the two thirds of the councilors based on a
reasoned proposal by the mayor or one third of the councilors in office.
During his term of office, deputy mayor retains its status as a local councilor,
without the benefit of allowance related to this status.

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Validation of election of the mayor shall be made within 20 days of the date of
the election, in the council chamber of the court in whose territorial jurisdiction the
town or city, by a judge appointed by the court president.
The result of validating or invalidating the election of the mayor appears to
the prefect and presented in the founding meeting of the local council or, where
appropriate, in a special meeting by a judge appointed by the court president.
I n case of invalidation of the election of the mayor, the Government, the prefect's
proposal will set the election date. They held within 90 days from the date of
invalidation or, where applicable, the date of the final and irrevocable judgment
under the law.
The mayor shall take before the local council oath set out for the Local Council
The mayor who refuses to swear the oath is considered as resigned.
The mayor shall ensure compliance with fundamental rights and freedoms of
citizens, the Constitution and the implementation of laws, decrees of the President of
Romania, judgments and orders of the Government, local council decisions; and
supports the necessary measures to implement the orders and instructions of
normative character of the ministers, other heads of central public administration
authorities, the prefect and the county council decisions under the law.
The mayor is the administrative-territorial relations with other public
authorities, individuals or Romanian or foreign legal and judicial.
T he hallmark of mayor is a scarf in the colors of the national flag of Romania
and shall be worn compulsorily at solemn receptions, public ceremonies and
marriage.
The scarf is determined by Government decision.

Tasks of the Mayor

a) tasks acting as a representative of the State, under the law;


b) tasks relating to the relationship with the local council;
c) tasks relating to local budget;
d) tasks regarding public services provided to citizens;
e) other duties established by law.

Pursuant to par. (1) a) the mayor serves as an officer of civil status and guardianship
authority and ensures the profile of local public services, responsible for organizing
and conducting elections, referendum and census. The mayor also perform other
duties established by law.

In exercising the powers provided in par. (1) b) Mayor:


a) shows the local council in the first quarter, an annual report on the state of
economic, social and environmental development of administrative-territorial unit;
b) shall, upon request of the local council, other reports and briefings;
c) prepares draft strategies regarding the economic, social and environmental
development of the territorial administrative unit and local council submits them for
approval.

In exercising the powers provided in par. (1) c) Mayor:


a) perform the duties of chief credit;

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b) prepare a draft local budget and final account of the budget year and submits
them for approval to the local council;
c) initiate, under the law, negotiations for borrowing and issuing of securities on
behalf of administrative-territorial unit;
d) checked by specialist departments correct tax to the tax payers territorial
headquarters of both primary and secondary headquarters.

In performing tasks under par. (1) d) Mayor:


a) coordinate achieving local public services provided via specialized apparatus or
through the bodies of public service and public utility services of local interest;
b) take measures to prevent and, where appropriate, emergency management;
c) take measures to organize the execution and enforcement activities in specific
areas referred to in art. 36 para. (6) letter a) to d);
d) take measures to ensure inventory, statistical evidence, conduct inspection and
control services of local interest referred to in art. 36 para. (6) letter a) -d) and goods
in public and private patrimony of administrative-territorial unit;
e) appoints, sanctions and order the suspension, modification and termination of
service or, where applicable, labor relations, under the law for the staff of the
specialized apparatus and for headteachers and local public services;
f) ensure the development of urban plans provided by law, to submit for approval of
the local council and act for their compliance;
g) issue permits and authorizations within its jurisdiction by law and other
regulations;
h) ensures the work and take the necessary measures to comply with the provisions
of the commitments in the EU integration process in environmental protection and
water management services provided to citizens.

To exercise its duties properly, the mayor works with decentralized public
services of ministries and other specialized bodies of the central public
administration in territorial-administrative units, as well as with the county council.

In exercising guardianship authority and officer of civil status of its duties


normative acts regarding the census, the organization of elections, the measures of
civil protection and other duties established by law, mayor acts as state
representative in the village or in the city where he was elected.
In this capacity, the mayor may request the prefect, under the law, support
managers decentralized public services of ministries and other specialized bodies of
the central public administration in territorial-administrative units, if the duties
incumbent can not be solved by machine Specialized.
The mayor can delegate the powers which are conferred by law and other
regulations deputy mayor, secretary of the administrative-territorial leaders
functional departments or staff of the specialist, and the heads of institutions and
services of local interest, depending on their powers in those areas.

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