5/2021 (III.11.) On the Organizational and Operational Rules of the Body of Representatives

Tiborszállás Község Önkormányzata Képviselőületének

acting under its powers

THE MAYOR OF

5/2021 (III.11)

municipal decree

On the organisational and operational rules of the body of representatives

The Mayor!

The Mayor of the Municipality of Tiborszállás, acting in his original legislative power as defined in Article 32 (2) of the Fundamental Law, acting in his original legislative power as defined in Article 32 (1) (d) of the Fundamental Law, acting in his original legislative power as defined in Article 32 (2) (d) of the Fundamental Law, acting in his original legislative power as defined in Article 32 (1) (d) of the Fundamental Law, acting in his original legislative power as defined in Article 32 (2) (d) of the Fundamental Law, acting in his original legislative power as defined in Article 32 (1) (d) of the Fundamental Law, hereby decrees the following:

  1. Chapter

General provisions

1.§

  • The official name of the municipality is Tiborszállás Község Önkormányzata (hereinafter referred to as the Municipality). Its seat is at 4353 Tiborszállás, Dózsa út 17.
  • The name of the body of representatives of the local government is: Tiborszállás Község Önkormányzata Képviselő-testülete (hereinafter referred to as the "Body of Representatives").
  • Organs of the Assembly:
  1. The Mayor of the Municipality of Tiborszállás (hereinafter referred to as: the Mayor);
  2. The Assets Declaration Control, Registration and Administration Committee of the Representative Body of the Municipality of Tiborszállás (hereinafter referred to as the "Administration Committee");
  3. Mikkeli Joint Self-Government Office (hereinafter referred to as the "Joint Office"),
  • The circular stamp of the Municipality contains the coat of arms of Hungary in the centre and the name of the Municipality in the circle.
  • The circular stamp of the Assembly contains the coat of arms of Hungary in the centre and the name of the Assembly with the name of the municipality in the circle
  • The circular stamp of the Mayor has the coat of arms of Hungary in the centre and the name of the Mayor in the centre, with the name of the municipality in the centre.
  • The circular stamp of the committees of the Assembly shall bear the coat of arms of Hungary in the centre and the name of the committee in the circle.

 

  1. Symbols of the Municipality
  2. §.

Symbols of the Municipality:

  1. Address
  2. Flag
  3. seal
  4. Chapter

The functioning of the Assembly

  1. A Convening and chairing the Assembly
  2. §
  • In the event of simultaneous vacancy of the office of Mayor and Deputy Mayor, or in the event of their permanent incapacity, the body of representatives shall be convened by the Speaker and
  • For the purposes of paragraph 1, an absence of more than 60 days, excluding leave, shall be regarded as a permanent disability.

4.§

  • The Assembly holds 6 meetings a year.
  • The meeting of the Assembly is held in the council room of the Tiborszáll branch of the Mikkeli Joint Self-Government Office.
  • The Assembly may decide to hold its meeting in a place other than the place indicated in paragraph 2.

5.§

  • The invitation to convene the Assembly includes the meeting
  1. the planned date,
  2. location,
  3. the agenda, with the names of the proposers,
  4. the names of the persons invited to each item on the agenda,
  • The invitation shall be sent on paper to the members and the invited persons 3 days before the scheduled date of the meeting. In order to inform the local electorate, the mayor shall publish the invitation on the notice board 3 days before the scheduled date of the meeting. Special meetings shall be convened by telephone or by notice given by the clerk.
  • The Assembly holds its meetings according to the timetable.
  • The Assembly shall adopt its draft agenda by 31 December of the previous year.

6.§

  • An initiative to convene an extraordinary meeting may be submitted in writing to the Mayor 24 hours before the scheduled meeting date. The motion must be accompanied by a proposal for the date and agenda of the meeting.
  • The mayor shall convene the meeting no later than 15 days from the date of receipt of the motion, on the date proposed in the motion, but no later than 30 days thereafter.
  • The Mayor may convene an extraordinary meeting except in the case provided for in paragraph 1:
    1. any matter that requires an immediate decision
  • The meeting of the Assembly may be convened orally

7.§

A meeting without a quorum must be convened within 5 days with an unchanged agenda. Proposals for the agenda need not be sent to Members again.

 

8.§

In the event of the meeting's duration being prolonged, the Assembly may decide to adjourn the meeting and resume the discussion of the agenda not discussed on the next working day.

9.§

Powers of the chairperson:

  1. establishes the quorum for the meeting,
  2. makes a proposal for the agenda of the meeting,
  3. put the items on the agenda for discussion,
  4. order a break,
  5. closes the debate,
  6. puts the proposals for decisions to the vote,
  7. closes the discussion of the items on the agenda,
  8. order any Member who disrupts a meeting of the Assembly,
  9. close the meeting.
  10. A order of deliberations
  11. §

(1) The order of the agenda of the Assembly meetings:

  1. mayoral report on the discussions and events between the two meetings;
  2. a report on the implementation of decisions that have expired;
  3. agenda items requiring the adoption of a regulation;
  4. items on the agenda requiring a decision;
  5. agenda items not requiring a decision;

(2) The Assembly may, on a point of order, depart from the order of business specified in paragraph (1).

(3) Order of the agenda:

  • the author may add to the written submission;
  • the committee giving an opinion on the proposal;
  • questions relating to the presentation,
  • debate on the proposal;
  • to propose amendments;
  • decision on the amendments;
  • a decision on the proposal for a decision as originally tabled,
  • After the decision has been taken, the chairman of the meeting shall give the floor to the clerk to fulfil his obligation to report the illegal decision or action.
  1. §
  • Comments are made in the order in which they are submitted.
  • You may speak 3 times for a maximum of 5 minutes per item.
  • The Mayor cut the speaker off:
  1. if the time limit in paragraph (2) is exceeded,
  2. if the contribution is not related to the agenda,
  • The mayor will give the audience the right to speak.

 

  1. The proposals

12.§

  • It is considered a proposal:

Any material that formulates a short proposal for a decision, presents the basis for the creation of a regulation, provides a basis, evaluates and analyses the proposal, and on which the body of representatives makes a substantive decision.

  • Those entitled to make a proposal:
  1. mayor,deputy mayor
  2. municipal representative, committee member
  3. president of the local authority association
  4. notary, deputy notary
  • Only the proposals listed in paragraph 5 may be submitted in writing.
  • Even in the case of an oral presentation, the draft decision must be submitted in writing.
  • The results of the preliminary impact assessment and the justification for the draft regulation shall be communicated to the Council of Representatives using the model in Annex 1.
  • The draft regulation shall be prepared by the common office and, unless otherwise provided by law, shall be sent to the competent bodies and persons for their opinion.

 

  1. Rules for the inaugural meeting

13.§

  • The rules governing the operation of the body of representatives shall apply to the inaugural meeting, with the exceptions provided for in this chapter.
  • Agenda of the inaugural meeting:
  1. Information from the local election committee
  2. Promissory notes
  3. Determination of the Mayor's salary and reimbursement of expenses (may not be derogated from by law)
  4. Establishment of standing committees of the municipality
  5. Amendment of the organisational and operational rules
  6. Election and swearing-in of the Deputy Mayor
  7. Determination of the Deputy Mayor's honorarium
  8. Determination of the remuneration of municipal representatives
  9. Information on conflicts of interest
  10. Other issues and agenda items may be added at the inaugural meeting.
  • The committee conducting the secret ballot for the election of the deputy mayor is the Property and Transactions Committee.
  • A separate record of the secret ballot for the election of the deputy mayor shall be drawn up and shall include:
  1. the date of the election,
  2. how many people are present,
  3. the subject of,
  4. the result of the finding,
  5. the signature of the chairman and members of the committee.
  • The minutes of the secret ballot shall be annexed to the minutes of the inaugural meeting.

 

  1. A decision-making procedure

14.§

  • During the open vote of the Assembly, Members shall indicate their decision on the proposal by a show of hands.
  • During the roll-call vote, the clerk shall read out the names of the elected representatives in alphabetical order, who shall orally announce their decision by standing up one after the other and using the words "yes", "no" or "abstain".
  • In the case of a secret ballot, the Declaration of Assets and Liabilities Committee shall conduct the secret ballot

15.§

  • The Mayor put the amendments to the vote before the original proposal. The Assembly shall decide on the amendments in the order in which they are received. A simple majority is required for the adoption of amendments.
  • The proposer of the amendment may withdraw it before the vote begins.
  • A qualified majority is required in cases regulated by the Local Government Act.

 

16.§

  • The numbering of the decisions of the Assembly shall be renewed annually. The numbering of decisions shall be continuous. Decisions shall be numbered in positive whole Arabic numerals.
  1. The decision designation includes:
  2. the designation of the Assembly,
  3. the term "decision"
  4. the year, month and date of the decision,
  5. the title of the decision.
  • Example of how to mark a decision:

"Tiborszállás Község Önkormányzat Képviselő-körperületének

Resolution 1/2014 (27.I.2014)

on the draft agenda for the 2015 session of the Assembly "

  • In addition to paragraph 2, the decision shall include:
  1. the decision of the Assembly
  2. the deadline for implementation and the name of the person responsible for implementation.

 

  1. The Protocol

17.§

  • The minutes of the meeting of the Assembly are drawn up in 1 copy, which can be consulted at the Tiborszállás Branch of the Mikkeli Joint Municipality Office.
  • Access to the minutes may be requested from the notary. The minutes may be inspected during working hours. A copy of the minutes may be requested at a charge of 30.-Ft per sheet.

 

 

  1. §.

(1) The notary shall publish the Municipal Decree by posting it on the notice board of the Tiborszállás Branch of the Municipal Office of the Municipal Health and Social Welfare Office (4353, Tiborszállás, Dózsa utca 17).

(2) The notary shall keep a register of the municipal regulations promulgated, which shall contain:

  1. the number and subject of the regulation,
  2. the date of its creation,
  3. the date of entry into force,
  4. the number and date of entry into force of the amending or repealing regulation."

 

 

  1. The public hearing
  1. §.

(1) The Assembly shall hold a public hearing once a year in the council room of the Tiborszáll branch of the Mikkeli Joint Self-Government Office.

(2) The date of the public hearing shall be set by the Assembly, the invitation to which shall be posted by the Mayor on the notice board of the Tiborszáll branch of the Mikkeli Joint Municipality Office 8 days before the scheduled date of the public hearing.

 

 

 

  • Chapter

Bodies of the Local Government, their legal status and duties

  1. The Mayor
  1. §

(1) The office of Mayor shall be full-time. The mayor shall perform all the duties prescribed for him/her by the Act on Local Self-Government of Hungary and other legislation.

  1. §

(1) The mayor shall decide on the use of resources up to the amount of HUF 500 000.-, and shall inform the body of representatives of his decision at the meeting following the decision.

(2) The working hours of the full-time Mayor shall be from Monday to Thursday: 7.30 a.m. to 4.00 p.m., and from 7.30 a.m. to 1.00 p.m. on Friday.

(3) The Mayor's office hours are Monday 9.00-10.00 and Thursday 14.00-15.00.

(4) The leave of the full-time mayor shall be monitored by the chairman of the Committee for the Verification, Registration and Administration of the Statement of Assets and Liabilities.

 

22.§

  • The Assembly elects 1 deputy mayor from among its members, who shall hold office by social mandate.

(2) The deputy mayor shall hold a reception once a month, on the last Friday of each month, from 10.00 a.m. to 12.00 p.m."

 

  1. Legal status of the Committees Tasks of the Committees
  1. §.
  • The Committee for the Control, Registration and Administration of Assets and Liabilities consists of 3 members, the chairman and 2 members of which are members of the municipality. The names of the members of the Committee are given in the 2.appendix

 

  1. §.

The Committee for the Verification, Registration and Administration of the Declaration of Assets and Liabilities

(1) Functions of the Declaration of Assets and Liabilities Control, Registration and Administration Committee:

  1. a) perform the tasks related to elections and secret ballots within the municipality
  2. b) continuously review the validity of the organisational and operational rules and, if necessary, propose amendments to them
  3. c) give its opinion on the proposals submitted to the body of representatives on the work of the Mikkeli Joint Municipality Office
  4. d) keep an account of the absences of the municipal representatives and the reasons for their absence from the scheduled meetings of the body of representatives
  5. e) register, verify and examine the declarations of assets submitted by the members of the municipality and the Mayor,
  6. f) carry out the procedure initiated in connection with the declaration of assets, the results of which shall be reported to the body of representatives at the next meeting,
  7. (g) conduct proceedings concerning conflicts of interest and unfairness.

 

 

 

  1. §.

Tasks carried out in partnership

(1) Tasks performed by the Municipality of Tiborszállás in the Association:

  1. a) Szabolcs-Szatmár-Bereg County Municipal Solid Waste Management Association (Nyíregyháza, Hősök tere 5.)
  2. b) Szatmári Multipurpose Small Area Association (4700, Mátészalka, Rákóczi u. 43) - municipal development tasks
  3. c) Satu Mare Small Area Social Basic Service Centre (headquarters: 4352, Nagyecsed, Rákóczi utca 104/a.) - family assistance and child welfare, home help, signalling home help
  4. d) Satu Mare Sub-regional Association of Day Care Centres (4355, Nagyecsed, Rákóczi u. 14) - day care centre
  5. e) Satu Mare Unified Social and Health Care Association (4700, Mátészalka, Heroes' Square 9.) - health care development association.
  6. f) Szabolcs05 Local Government Regional Development Association (4700, Mátészalka, Hősök tere 9.) - regional development tasks

(2)The performance of internal auditing duties:

The internal auditor is Péter Varga, sole trader (4400, Nyíregyháza, Kálmán u. 4-6 TT/11.)

 

  1. The Joint Office
  1. §.

(1)The office of the Mikkeli Joint Municipality has the following opening hours:

- Monday, Tuesday, Thursday: 8.00-12.00

- Wednesday: 8.00-12.00, 13.00-16.00.

 

  1. The Registrar

27.§

(1)It shall carry out all the tasks assigned to it by law or other legislation.

(2) The clerk of the common office shall open the office of the common office at the Tiborszáll Branch Office on the following hours: every Wednesday from 8.00 to 11.00 a.m.

(3) In case of vacancy or permanent incapacity of the office of the notary, the duties of the notary shall be performed by the financial administrator of the Municipal Finance Office of Mérki for a period not exceeding six months.

 

 

  1. Chapter

Rules of conduct for representatives

28.§

(1) A Member shall notify the Joint Secretariat of his/her absence from a meeting by 4 p.m. on the day before the meeting. Absences shall be recorded by the Committee for the Verification, Registration and Administration of Assets and Liabilities.

  1. §
  • The body of representatives may, on the basis of the recommendation of the Committee for the Control of Assets Declaration, Registration and Administration, reduce the established honorarium and benefits in kind of a local government representative who has violated his/her obligations under the Act on Local Governments.
  1. for failure to take the oath,
  2. for failure to notify personal data,
  3. for unexcused absence from a meeting of the body of representatives,

for a period of up to twelve months.

  • The Assembly shall reduce the established honorarium of a municipal representative who fails to comply with the obligation set forth in paragraph (1)(a) by 100% until the default is remedied, but for a maximum period of 12 months.
  • The Assembly shall reduce the established honorarium of a member of the local government who violates the obligation set forth in paragraph (1)(b) by 50% per month.

 

  1. §.

 (1) The body of representatives decides in its resolutions to hold public forums to inform the public and involve them in the preparation of decisions.

(2) The mayor, the representative of the municipality or the committee may initiate the holding of a citizens' forum by indicating the subject of the forum.

(3) The decision to organise a citizens' forum is taken by a simple majority of the votes cast.

(4) The public must be informed of the place, date and subject of the public forum 1 week in advance.

(5) The holding of public forums is not subject to the rules on public hearings, and a record of the forums is kept. The mayor shall inform the body of representatives of the resolutions of the forum.

(6) A a meeting with representatives of different social organisations can also be used to gather public opinion.

(7) The body of representatives cooperates with the self-organising communities of the population and social organisations operating in the settlement. The form of cooperation is set out in a separate agreement.

  1. Chapter

Final provisions

31.§

  • This Regulation shall enter into force on 11 March 2021.
  • The following shall cease to apply
  1. Local Government Decree No. 11/2014( XII.3) on the Organisational and Operational Rules of the Body of Representatives
  2. Municipal Decree No. 6/2015 (VII.18) amending Decree No. 11/2014 (XII.3) on the organisational and operational rules of the body of representatives
  3. Municipal Decree No. 6/2017 (VIII.10) amending Decree No. 11/2014 (XII.3) on the Organisational and Operational Rules of the Body of Representatives
  4. Municipal Decree No. 6/2019 (VIII.29) amending Decree No. 11/2014 (XII.3) on the organisational and operational rules of the body of representatives
  5. Municipal Decree No. 9/2019 (X.22) amending Decree No. 11/2014 (XII.3) on the Organisational and Operational Rules of the Body of Representatives
  6. Municipal Decree No. 3/2020 (III.17) amending Decree No. 11/2014 (XII.3) on the organisational and operational rules of the body of representatives
  7. Municipal Decree No. 4/2020 (III.17) amending Decree No. 11/2014 (XII.3) on the organisational and operational rules of the body of representatives.

Tiborszállás, 10 March 2021.

 

Tulbura Gábor sk. Tóthné dr Nagy Anita sk.

mayor notary

 

Tiborszállás, 10 March 2021.

Tulbura Gábor sk.
mayor

Annex

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