Based on Article 38 paragraph 1 point 1 of the Law on Local Self-Government ("Official Gazette of Montenegro", number 2/18) and Article 42 point 1 of the Statute of the Municipality of Rožaje ("Official Gazette of Montenegro - Municipal Regulations", number 9/11 and 31 /16), the Assembly of the Municipality of Rožaje, at the session held on October 25, 2018, adopted
STATUTE
MUNICIPALITY OF ROZAJE
I – BASIC PROVISIONS
Article 1
The Municipal Statute (hereinafter: Statute) regulates the rights and duties of the municipality and the manner of their realization; jobs and decision-making methods of the local population; the manner and conditions of performing one's own business; organization and way of working of local administration; way of making regulations; the way of supervising the work of municipal bodies and public services; way of ensuring the public's work and participation of citizens in affairs under the jurisdiction of the municipality: financing, form and content of the symbol of the Municipality; the Municipality's holiday and the manner of its celebration; establishment and operation of local community and other forms of local self-government; conditions for launching a citizen's initiative and other issues of importance for the functioning of local self-government.
Article 2
The expressions used in this Statute for natural persons in the masculine gender imply the same expressions in the feminine gender.
Article 3
A municipality is a unit of local self-government in which citizens exercise local self-government, in accordance with the law and this Statute.
Local self-government in the municipality is realized on the principles of democracy, equality, decentralization, depoliticization, autonomy, legality, professionalism, efficiency of work of local self-government bodies and mutual cooperation between the state and the municipality.
Article 4
In the municipality, jobs of immediate and common interest to the local population are carried out.
The municipality also carries out tasks transferred to it by law or entrusted by the Government regulation.
Article 5
The municipality performs tasks within its jurisdiction through its bodies, local self-government bodies and public services, in accordance with the law, this Statute and other acts.
Article 6
Citizens participate in deciding their needs and interests directly and through freely elected representatives in local self-government bodies.
Article 7
In the performance of its duties, the municipality ensures equal protection of the rights and legal interests of local residents, legal entities and other entities based on the law, in accordance with the law.
Article 8
In the performance of local self-government activities, the municipality is independent and its rights cannot be denied or limited by acts of state bodies, except in cases and under conditions established by law, in accordance with the Constitution.
Article 9
A local official, i.e. an employee, performs his duties in a politically neutral and impartial manner, in accordance with the public interest, and is obliged to refrain from publicly expressing his political beliefs.
Article 10
The municipality provides conditions for the protection and promotion of minority rights and gender equality, in accordance with the Constitution, the law and confirmed international agreements.
Article 11
The territory of the municipality of Rožaje is determined by law.
The territory and name of the municipality can be changed according to the procedure established by law.
Article 12
The Municipality of Rožaje (hereinafter: the Municipality) has the status of a legal entity with rights and obligations established by the Constitution, the law and this Statute.
The seat of the Municipality is in Rožaje, Ulica Maršala Tita bb
The Municipality is represented and represented by the President of the Municipality.
Article 13
The municipality enjoys legal protection in accordance with the Constitution and the law.
Article 14
The municipality has a coat of arms and a flag (hereinafter: symbols).
The coat of arms of the municipality is the symbol of Ganić Kula-Cultural building reality, two cliques, as a natural phenomenon, green areas as the wealth of Rožaj, the river Ibar, the sun as a symbol of light, hands as the youth and future of Rožaj.
The flag of the Municipality has a rectangular shape, the length of which is twice as large as the width, with a green and white background, with the coat of arms of the Municipality drawn in the middle.
The Government of Montenegro gives its consent to the provisions of the Statute, which determine the form and content of the symbols and holidays of the Municipality.
The use of the symbol of the Municipality is regulated by the Decision of the Municipal Assembly.
Article 15
The Municipality's holiday is "September 30" - the day of the liberation of Rožaj.
Article 16
The municipality, its bodies and local government bodies have a stamp.
The seal of the municipality is round in shape with a diameter of 32 mm and contains the name: Montenegro, municipality of Rožaje.
In the middle of the seal is the coat of arms of the Municipality.
In addition to the elements from paragraph 2 of this article, the seal of the municipality and local government bodies also contains the name of the body.
The municipal assembly, by special decision, regulates: production, use, preservation and method of destruction of seals and other issues related to the use of seals.
Article 17
The municipality establishes a municipal award - Award "30. September".
Award "30. September" is awarded for the best achievements, achieved results and contribution to the development of the Municipality in the economic, scientific, educational, health, cultural and sports fields, as well as in other areas of social life, to individuals, bodies, organizations and communities.
Article 18
The Municipality establishes a public recognition - the title "Honorary Citizen of the Municipality".
Public recognition - the title of "Honorary Citizen of the Municipality" can be awarded to individuals who are particularly deserving of the affirmation and development of the Municipality.
Article 19
Conditions, procedure and method of awarding the award "30. September" and the titles "honorary citizen of the Municipality" are regulated by a special decision of the Assembly.
Article 20
The municipality can, by a special decision of the Assembly, establish other awards and recognitions and prescribe the conditions, procedure and manner of their awarding.
Article 21
The municipality has assets and revenues.
The municipality disposes of property and income independently, in accordance with the law.
Article 22
The work of the Municipal bodies, local self-government bodies, expert services, special services, chief administrator, chief architect and public services is public.
Article 23
Relations between the authorities of the Municipality, state authorities and state administration authorities are based on the principles of mutual cooperation, in accordance with the law.
II – AFFAIRS OF THE MUNICIPALITY
Article 24
The municipality independently performs local self-government activities that are of direct and common interest to the local population.
The Municipality ensures the performance of its own tasks in accordance with its capabilities, interests and needs of the local population.
Article 25
The municipality can perform other tasks that are of interest to the local population, which are not within the competence of state bodies or other bodies and organizations.
Article 26
In accordance with the law, the municipality adopts:
1) strategic development plan of the Municipality;
2) budget and final budget account;
3) plans and programs for individual areas;
4) urban projects i
5) other acts, in accordance with their jurisdiction.
Article 27
Municipality in accordance with the law and other regulations:
1) regulates and ensures the performance and development of communal activities, maintenance of communal infrastructure and communal order;
2) organizes and ensures the performance of construction, reconstruction, maintenance and protection of municipal roads;
3) arranges and provides transportation of passengers in city and suburban scheduled traffic and car taxi transportation;
4) regulates traffic in its area, in accordance with the law regulating road traffic safety;
5) regulates construction land;
6) regulates and provides conditions for the development of entrepreneurship;
7) takes care of local goods of general interest;
8) provides conditions and takes care of the protection of the environment and its individual parts (air quality, noise protection, waste management, etc.);
9) arranges and provides conditions for the management of water, water land and water facilities of local importance, takes care of their protection and use, issues water acts and keeps prescribed records, determines erosive areas, anti-erosion measures and implements protection against erosion and floods, organizes and ensures the performance of other tasks in the field of management, use and protection of water and water supply;
10) arranges relations in the area of housing and takes care of the provision of conditions for the maintenance of residential buildings;
11) regulates, organizes and creates conditions and takes care of the development of tourism, as well as the development of activities that improve the development of tourism;
12) regulates and provides conditions for holding public fairs of local importance;
13) organizes, provides and creates conditions for the development of culture and the protection of cultural assets;
14) organizes and provides conditions for the development of library activities and other activities of interest to the local population;
15) organizes and provides conditions for informing the local population;
16) creates conditions for the development and improvement of sports for children, youth and citizens, as well as the development of inter-municipal sports cooperation;
17) in accordance with the possibilities, participates in ensuring the conditions and improving activities: health care, education, social and child protection, employment and other areas of interest for the local population and exercises the rights and duties of the founders of the institutions they establish in these activities, in accordance with the law ;
18) in accordance with the possibilities, organizes and provides solutions to the housing needs of persons in a state of social need and persons with special needs and assists the work of humanitarian and non-governmental organizations in these areas;
19) regulates and provides conditions for the protection and rescue of the population, material and cultural assets and the environment in the territory of the municipality from natural disasters, technical-technological accidents and other accidents;
20) provides conditions for consumer protection;
21) determines working hours in certain activities and determines the areas in which a certain activity can be performed;
22) regulates the way of organizing public works of local importance;
23) regulates the manner and conditions of keeping pets, the manner of dealing with abandoned and lost animals, provides conditions for their care and implements measures to control their reproduction;
24) organizes and implements measures to protect the population from infectious diseases;
25) decides on rights in the field of veterans' and disabled persons' protection and keeps records of beneficiaries of rights;
26) creates conditions for the development of agricultural production (fruit growing, vegetable growing, etc.) and performs other tasks in this area;
27) creates conditions for the use of agricultural land and takes care of its protection;
28) prescribes offenses for violations of municipal regulations.
Article 28
Within its own jurisdiction, the Municipality:
1) disposes, manages and protects its property and exercises individual ownership powers on state property, in accordance with the law;
2) regulates, introduces and determines own revenues in accordance with the law;
3) performs collection and control of own income;
4) decides on the rights, obligations and legal interests of natural persons, legal persons and other parties in administrative and other matters;
5) determines the public interest in the expropriation of immovable property for the implementation of projects of local importance, in accordance with the law;
6) ensures the implementation of activities aimed at improving energy efficiency in buildings and systems that use energy (buildings, public transport systems, public lighting, water supply, waste management, etc.), which are used for the performance of activities by local self-government bodies, local bodies administration and public service;
7) performs inspection supervision tasks and tasks of ensuring communal order, in accordance with the law;
8) organizes and performs tasks of providing legal assistance to citizens in accordance with the law;
9) establish public awards and prizes;
10) keeps records, in accordance with the law;
11) performs other tasks in accordance with the needs and interests of the local population.
Article 29
In order to ensure the performance of tasks within its jurisdiction, the Municipality establishes:
1) local government bodies,
2) institutions, companies and other forms of organization for the purpose of providing public services (hereinafter: public services).
Public services can be established if the performance of activities is an irreplaceable condition of the life and work of the local population, and the satisfaction of citizens' needs in these activities cannot be provided in a quality and economical way by private initiative or in another way.
2. Transferred and entrusted jobs
Article 30
The performance of certain tasks within the competence of state administration bodies can be transferred to the municipality by law, when their more efficient and economical performance is ensured in this way.
The conditions under which tasks are transferred or entrusted to the municipality are regulated by law, i.e. by Government regulation.
Transferred tasks in the fields of education, primary health care, social and child care, employment and other areas of interest to the local population are carried out by the municipality in accordance with a special law.
III – PROPERTY OF THE MUNICIPALITY
Article 31
The municipality has property.
The property of the municipality consists of immovable and movable things, money, securities and other property rights, in accordance with the law.
Article 32
Municipal property is disposed of and managed by the Municipal Assembly, except in cases of alienation of property rights on immovable property by direct contract, established by the law governing state property.
The Assembly can transfer the right to lease property and the right to sell movable property to competent local government bodies, in accordance with a special decision.
The President of the Municipality makes the decision on the acquisition of property within the framework of the funds planned for it in the municipal budget.
The sale or exchange of immovable and movable property owned by the municipality is carried out according to the procedure and in the manner regulated by law.
The authorities from paragraphs 2 and 3 are obliged to manage and dispose of the property conscientiously, with the care of a good businessman, in accordance with the law and this Statute.
Article 33
The Municipality and public services founded by the Municipality are obliged to keep records of their assets.
The assets of the Municipality are declared in accordance with the law.
The Assembly considers the report on the condition and movement of the property of the Municipality and the property of the public services of which it is the founder, at least once a year.
IV – FINANCING OF THE MUNICIPALITY
Article 34
The municipality provides income for financing its own operations from the following sources:
1) own income;
2) revenues assigned by law;
3) Equalization fund;
4) budget of Montenegro;
5) other sources, in accordance with the law.
Article 35
The municipality is provided with funds for the performance of transferred and entrusted tasks from the budget of Montenegro, in accordance with the regulation on the transfer or entrustment of tasks.
Article 36
The municipality has its own budget.
The municipal budget shows all incomes belonging to the municipality and all expenses from its jurisdiction.
The proposed decision on the municipal budget is determined by the President of the Municipality and submitted to the Assembly by the end of November of the current year.
The municipal budget is adopted by the end of the current year for the following year.
Article 37
The President of the Municipality is responsible for executing the municipal budget.
The head of the local government authority responsible for budget affairs (budget executor) is responsible for the intended use of budget funds.
At the end of the year for which the budget was adopted, the Assembly adopts the final budget statement.
Article 38
Supervision over the implementation of the budget and the dedicated use of funds allocated by the budget for certain purposes is carried out by the Municipal Assembly.
The supervision referred to in paragraph 1 of this article is ensured by considering the reports of the users of budget funds at the request of the parliamentary working body and in the process of considering and adopting the final account of the municipal budget.
The final account of the municipal budget must be accompanied by an external audit report.
Article 39
Supervision over the financial, material and accounting operations of budget users in terms of the purpose, volume and dynamics of the use of funds is carried out by the president of the municipality.
The supervision referred to in paragraph 1 of this article is carried out by the submission of reports by the users of budget funds, as well as by direct inspection of the authority responsible for budget affairs.
Article 40
The municipality can borrow in accordance with the law.
V – MUNICIPAL BODIES
Article 41
The bodies of the Municipality are the Municipal Assembly (hereinafter: the Assembly) and the President of the Municipality.
Assembly
Article 42
The assembly is the representative body of the citizens of the municipality.
The assembly consists of councilors elected by citizens on the basis of free, general, equal and direct suffrage, in accordance with the law governing the election of councilors and deputies.
Article 43
Elections for the Municipal Assembly are announced by the President of Montenegro.
Elections for the Assembly are held no later than 15 days before the end of the mandate of the Assembly.
Article 44
The number of councilors in the Municipal Assembly is determined by a special decision, in accordance with the law.
The mandate of the councilor begins with the confirmation of the mandate by the Assembly.
Confirmation of the councilor's mandate is based on the report of the municipal election commission on the conducted elections.
The Assembly does not vote on confirming the mandate.
Article 45
The mandate of the Assembly lasts four years.
The mandate of the Assembly may end before the end of the term for which it was elected, by dissolving or shortening the mandate of the Assembly.
Article 46
Assembly:
1) adopts the Municipal Statute;
2) adopts regulations and other general acts;
3) adopts a strategic plan for the development of the municipality;
4) adopts development plans and programs for individual areas;
5) adopts urban planning projects;
6) adopts a space planning program, i.e. a communal equipment plan;
7) passes the budget and the final budget account;
8) introduces and determines municipal taxes, fees, fees and other own revenues;
9) disposes of immovable property, except in cases of alienation of property rights on immovable property by direct contract, established by the law governing state property;
10) determines the conditions for the establishment of local communities and gives consent to decisions on establishment;
11) announces a referendum for the territory of the municipality or for part of the territory;
12) decides on citizens' initiative;
13) decides on the announcement of self-contributions for the territory of the municipality;
14) establishes public services;
15) decides on borrowing and giving guarantees, in accordance with the law;
16) confirms the mandate and decides on the rights of councilors;
17) makes a decision on shortening the mandate of the Assembly;
18) elects and dismisses the president of the Assembly, the president of the municipality and the vice-president of the Assembly;
19) gives consent to the decision on the appointment and dismissal of the vice-president of the Municipality;
20) appoints the secretary of the Assembly, upon the proposal of the President of the Assembly;
21) appoints members of the working bodies of the Assembly;
22) appoints and dismisses members of public service management bodies;
23) considers and adopts the report on the work of the President of the Municipality and the work of the local government bodies;
24) reviews the report on the work of public services founded by the Municipality;
25) considers the report on the implementation of the recommendations of the State Audit Institution;
26) adopts the Rules of Procedure on its work;
27) adopts a code of ethics;
28) makes a decision on the salaries of local officials and persons appointed by the Assembly;
29) makes a decision on the salaries of local civil servants and state employees;
30) performs other tasks established by law and the Statute.
The Assembly has the service of the Assembly.
Article 47
The first session of the newly elected Assembly is convened by the president of the previous Assembly, no later than 15 days after the announcement of the final election results.
The session of the Assembly is held no later than 15 days from the date of convening.
The first session of the newly elected Assembly, until the election of the President of the Assembly, is chaired by the oldest councilor.
If the session is not convened within the period referred to in paragraph 1 of this article, or is not held within the period referred to in paragraph 2 of this article, the session shall be convened by the Government, no later than 15 days from the date of expiry of the prescribed period for convening or holding the session.
In the case referred to in the previous article, the meeting shall be held no later than 15 days from the date of convening.
The Assembly is considered a constituted election of the President of the Assembly.
If the Assembly is not constituted within 60 days from the date of publication of the final election results, the President of Montenegro calls for new elections for the Assembly.
Article 48
The Assembly is convened by the President of the Assembly as needed, at least once every three months.
The President of the Assembly convenes the Assembly, on his own initiative, at the request of the President of the Municipality, one third of the councilors and at the initiative of the citizens, within 15 days from the date of submission of the request or initiative.
If the President of the Assembly does not convene the session within the time limit from the previous paragraph of this article, the session is convened by the petitioner, that is, the initiative.
The session of the Assembly in the case referred to in the previous paragraph of this article is presided over by a councilor designated by the applicant, that is, the initiative.
The session of the Assembly is held no later than 15 days from the date of convening.
Article 49
The initiative for convening a session of the Assembly can be submitted in writing by at least 300 voters residing on the territory of the Municipality.
The initiative for convening the session must contain the reasons for convening the session and be signed by hand with the full name and surname of the signatory with the indication JMBG and address.
The initiator of the initiative is obliged to indicate in the initiative the reasons for holding the session and propose a decision or other act to regulate the issues that will be the subject of discussion.
Article 50
The councilor has the right and duty to participate in the work of the Assembly and its working bodies, carry out entrusted tasks, propose to the Assembly the consideration of certain issues within its competence, submit proposals for decisions and other acts, submit amendments to proposed regulations, ask committee questions, perform other tasks in in accordance with the law, this Statute and the Rules of Procedure of the Assembly.
It is the right of an alderman to be constantly and regularly informed about issues affecting the exercise of alderman's functions, to request from authorities and professional services the information he needs for his work, as well as professional help in preparing proposals for the Assembly.
Article 51
The councilor cannot be held accountable for the opinion expressed, the way of voting or the word spoken in the performance of the councilor's function.
Article 52
The jobs of the President of the Municipality, the Vice-President of the Municipality, the chief administrator, the head of the body, that is, the head of the department, the chief city architect, managers and managers of public services are incompatible with the function of councilors.
Article 53
The member of the Assembly has the right to compensation for work and other compensation in accordance with the decision of the Assembly.
Article 54
In order to efficiently and rationally carry out tasks under the competence of the Assembly, committees and councils are formed as permanent working bodies, and commissions can be formed as occasional working bodies.
The composition of permanent working bodies corresponds to the party representation of councilors in the Assembly.
The Assembly appoints members of the Assembly to the committees.
In addition to councilors, the Assembly appoints other persons as members of councils and commissions.
The decision on the formation of working bodies from paragraph 1 of this article regulates the scope and manner of work and decision-making of working bodies and other issues of importance for their work.
Article 55
The Assembly establishes the following permanent working bodies:
Assembly committees:
1. Committee for Statute and Regulations;
2. Selection and Appointments Committee;
3. Committee for Finance, Economy and Development;
4. Committee for planning and spatial arrangement and communal-housing activities;
5. Committee for social activities;
6. Committee for inter-municipal, international cooperation and European integration.
Assembly advice:
1. Council for proposing names of settlements, streets and squares;
2. Council for Environmental Protection;
3. Advice for people with disabilities;
4. Council for petitions and complaints;
5. Council for gender equality.
Acts of the Assembly
Article 56
In carrying out tasks within its jurisdiction, the Assembly adopts the Municipal Statute, decisions, resolutions, conclusions, charters, recommendations and other acts.
The statute of the municipality is the basic act that regulates the organization and the way of exercising local self-government.
The decision decides on the rights and obligations of citizens, establishes public services and regulates other issues in accordance with the law and the Statute of the Municipality.
The decision decides on individual issues, in accordance with the law and other regulations.
The Assembly makes conclusions on certain issues of importance for determining and conducting policy in certain areas.
By charter and recommendation, the Assembly expresses its position in relation to individual systemic issues within its jurisdiction, as well as in relation to the work of local government bodies and public services.
Article 57
The right to propose decisions, other regulations and general acts is vested in the President of the Municipality, councilor and at least 300 voters from the territory of the municipality.
Article 58
The procedure for making decisions, other regulations and general acts is initiated by the submission of a proposal by the authorized proposer.
The proposer of the decision appoints a representative during the consideration of the proposed decision in the Assembly and working bodies.
Article 59
The Assembly can make decisions if the majority of the total number of councilors attends the session, and decisions are made by the majority of votes of the councilors present.
The Statute of the Municipality, the decision on the election and dismissal of the President of the Municipality, the decision on the election and dismissal of the President of the Assembly, the decision on shortening the mandate of the Assembly, the decision on indebtedness of the Municipality and the decision on calling a municipal referendum are adopted by the Assembly by a majority vote of the total number of councilors.
The way of working and other issues related to the decision-making of the Assembly, which are not regulated by this Statute, are regulated by the Rules of Procedure of the Assembly.
Article 60
Decisions and other general acts enter into force on the eighth day from the day of publication in the "Official Gazette of Montenegro - Municipal Regulations".
Exceptionally, when there are reasons for this established in the adoption procedure, it can be foreseen that the decision and other general act enter into force on the day of publication at the earliest.
President of the Assembly
Article 61
The assembly has a president.
The President of the Assembly is elected from among the councilors by the Assembly, on the proposal of one third of the councilors, by a majority vote of the total number of councilors.
The mandate of the President of the Assembly lasts as long as the mandate of the Assembly.
The function of the President of the Assembly is professional.
Upon taking office, the President of the Assembly makes a solemn statement in front of the Assembly.
The text of the solemn declaration reads:
"I solemnly undertake that I will perform the duties of the President of the Assembly in accordance with the Constitution, the law and the Statute of the Municipality".
Article 62
The President of the Assembly represents the Assembly, convenes the session of the Assembly, chairs and directs its work and takes care of the implementation of its decisions and other acts.
The President of the Assembly may be dismissed before the end of the term for which he was elected if:
- does not perform tasks from paragraph 1 of this article,
- abuse the function of the President of the Assembly,
- his behavior damages the reputation of the function he performs,
- some of the cases of incompatibility of functions occur in accordance with the law,
- in other cases when the Assembly judges that he is unfit to perform the function.
The procedure for dismissing the President of the Assembly is regulated in more detail by the Rules of Procedure of the Municipal Assembly.
Article 63
The mandate of the President of the Assembly ends by force of law:
1) at the end of the term for which he was elected;
2) loss of Montenegrin citizenship;
3) by changing residence;
4) when he is deprived of business capacity by a final decision;
5) when he is convicted by a final judgment for an act that makes him unworthy to perform the function;
6) when he was sentenced to unconditional imprisonment by a final judgment;
7) in other cases prescribed by law.
Article 64
The Assembly may have a vice president.
The Vice-President of the Assembly is elected and dismissed by the Assembly, on the proposal of the President of the Assembly.
The mandate of the vice president of the Assembly lasts as long as the mandate of the president of the Assembly.
The Vice President of the Assembly replaces the President of the Assembly in case of his absence and inability to perform his duties.
The Vice President of the Assembly performs his function on a voluntary basis.
Article 65
When the term of office of the President of the Assembly expires in cases prescribed by law and this Statute, the function of the President of the Assembly until the election of a new President of the Assembly is performed by the Vice President of the Assembly.
In the event that the Assembly does not have a Vice-President of the Assembly, the function of the President of the Assembly until the election of a new President of the Assembly is performed by a councilor who is from the club of councilors with the largest number of councilors.
Secretary of the Assembly
Article 66
The Assembly has a secretary.
The Secretary of the Assembly is appointed on the basis of a public competition, for a period of five years.
The Secretary of the Assembly is appointed and dismissed by the Assembly, upon the proposal of the President of the Assembly.
Article 67
A person who has a VII 1 qualification level of education, a law faculty, passed a professional exam for work in state bodies and at least five years of work experience can be appointed as the secretary of the Assembly.
The decision to announce a public competition for the election of the secretary of the Assembly is made by the assembly committee responsible for election and appointment.
The commission for the verification of professional abilities for the election of the secretary of the Assembly is formed by the assembly committee from the previous paragraph of this article.
The provisions of the Law on Local Self-Government, which govern the filling of positions within the category of senior management staff, shall be applied accordingly to issues related to the implementation of a public competition and the way to verify the professional abilities of candidates for the position of Secretary of the Assembly.
Article 68
The Secretary of the Assembly organizes and takes care of the performance of professional, administrative and other tasks for the Assembly and its working bodies and performs other tasks determined by this Statute and other acts of the Assembly.
The Secretary of the Assembly manages the work of the Assembly Service with all the rights and obligations of the head of the local government body and for his work and the work of the Assembly Service, he is responsible to the President of the Assembly and the Assembly.
The Act on the internal organization and systematization of the Assembly's professional service is adopted by the Secretary of the Assembly, with the consent of the President of the Assembly.
The competent working body of the Assembly decides on the rights and obligations of the secretary of the Assembly.
Article 69
The mandate of the Secretary of the Assembly ends:
- at the end of the term for which he was appointed;
– at personal request;
- termination of the employment relationship by force of law;
- by dismissal.
Article 70
The Secretary of the Assembly is dismissed if:
- does not perform or negligently performs tasks established by law and the Municipal Statute,
- was sentenced to an unconditional prison sentence by a final verdict,
- was convicted by a final judgment of a criminal offense that makes him unfit to hold office.
Article 71
The proposal for dismissal of the secretary of the Assembly can be submitted by the president of the Assembly or at least one third of the councilors.
The motion for dismissal is submitted to the Assembly in writing and must be signed by the applicant.
The proposal should contain clear reasons for requesting the secretary's dismissal, with an explanation.
Before consideration in the Assembly, the proposal is submitted to the Secretary of the Assembly, for the purpose of familiarization and declaration in relation to the reasons for which the dismissal is requested.
At the session of the Assembly, the proposer has the right to explain the proposal and the reasons for which he requests the dismissal of the Secretary of the Assembly.
The Secretary of the Assembly, on the occasion of the submitted proposal, has the right to state the reasons for dismissal at the Assembly session.
After the discussion on the submitted proposal, the President of the Assembly votes on the proposal for the dismissal of the Secretary of the Assembly and, based on the voting results, announces the decision.
President of the Municipality
Article 72
The President of the Municipality is the executive body of the Municipality.
The function of the President of the Municipality is professional.
The President of the Municipality is elected for a period of four years.
A person who has reached 18 years of age, who is capable of doing business, who has resided in Montenegro for at least two years and who has resided in the Municipality for at least six months prior to the election for President, can be elected as the President of the Municipality.
Article 73
At least one-third of the councilors have the right to nominate candidates for the President of the Municipality.
The proposal contains: the name and surname of the candidate, a short biography, an explanation and the name and surname of the reporter on behalf of the proposer.
The proposal of the candidate for the President of the Municipality is submitted to the Speaker of the Assembly in written form and must be signed by the applicant.
The consent of the candidate for the President of the Municipality on acceptance of the candidacy is submitted with the proposal.
The chairman submits to the councilors the proposals of the candidates for the president of the municipality.
The competent working body of the Assembly submits to the Assembly a report on the fulfillment of the conditions for the election of the President of the Municipality.
A debate is opened on the candidate's proposal.
The reporter on behalf of the proposer has the right to explain the proposal orally.
If there are several candidate proposals for the President of the Municipality, the chairman determines the list of candidates in alphabetical order.
Article 74
The President of the Municipality is elected no later than within 30 days from the date of constitution of the Assembly.
For the President of the Municipality, who was elected from among the councilors, the mandate of the councilor ends with the election to the office of the President of the Municipality.
If the President of the Municipality is not elected within the period referred to in paragraph 1 of this Article, upon the proposal of the Government or one-third of the councilors, the Assembly makes a decision to shorten his term of office.
The decision from paragraph 3 of this article is made within 15 days from the expiration of the deadline from paragraph 1 of this article.
Article 75
The President of the Municipality is elected by public vote, unless the Assembly decides otherwise.
If more than one candidate is proposed for the President of the Municipality, the election is done by secret ballot.
For the implementation of the secret ballot, the Assembly, on the proposal of the chairman, forms a committee of three members from among councilors.
The composition of the commission corresponds to the party representation in the Assembly.
A member of the commission cannot be a councilor who is a candidate for the President of the Municipality.
The commission is assisted in its work by the secretary of the Assembly.
Secret voting is carried out according to the provisions of the Rules of Procedure of the Assembly that refer to decisions by secret voting.
When the election for the President of the Municipality is held publicly, voting is done by calling the councilors and clearly saying the words "for", "against" or "abstain".
If one candidate is nominated for the position of the President of the Municipality and did not receive the required majority of votes, the election procedure is repeated, with a new candidate or candidates.
If two candidates have been proposed, and neither has received the required majority of votes, the procedure is repeated, with new candidates.
If more than two candidates were proposed, and none of them received the required majority of votes, the voting procedure is repeated between the two candidates who received the highest number of votes, that is, between several candidates who received the highest equal number of votes.
If none of the candidates received the required majority of votes even in the re-voting, the election procedure is repeated with new candidates.
After the voting, the Commission submits a report to the chairman, who announces the results of the voting for the President of the Municipality and announces which candidate was elected.
Article 76
The President of the Municipality makes a solemn statement in front of the Assembly:
"I solemnly undertake that I will perform the duties of the President of the Municipality in accordance with the Constitution, the law and the Statute of the Municipality."
Article 77
President of the Municipality:
1) represents and represents the Municipality;
2) proposes regulations and other acts adopted by the Assembly;
3) takes care of and is responsible for the execution of laws, other regulations and general acts, the strategic development plan of the municipality and other development plans and programs, as well as for the implementation of strategic documents of state importance;
4) takes care of and is responsible for the execution of transferred and entrusted tasks;
5) submits a report on the state of the property of the Municipality;
6) decides on alienation of property rights on immovable property by direct contract, in accordance with the law governing state property;
7) determines the organization and way of working of the local administration, according to the obtained opinion of the chief administrator;
8) appoints and dismisses the vice-president of the Municipality, with the consent of the Assembly;
9) appoints and dismisses the chief administrator, heads of organs, that is, special services;
10) appoints and dismisses the chief city architect;
11) appoints and dismisses the manager,
12) submits to the Assembly an annual report on its work and the work of local government bodies and services, by March 31 of the current year for the previous year;
13) directs and coordinates the work of local government bodies and public services, for the purpose of more efficient performance of their functions and better quality provision of public services, on which it passes appropriate acts;
14) gives consent to the act on the internal organization and systematization of the organs and services of the OLU and public services;
15) performs administrative supervision over the work of local government bodies and services;
16) passes acts from its jurisdiction and acts in the execution of transferred and entrusted tasks, unless otherwise determined by a special regulation;
17) is responsible for the execution of decisions and other acts passed by the Assembly and passes acts for their execution;
18) passes acts that ensure the execution of the Municipality's budget;
19) adopts a personnel plan;
20) adopts an integrity plan;
21) adopts an annual training plan for local officials and employees;
22) performs other tasks determined by the law, the Statute and other acts of the Municipality.
Article 78
The President of the Municipality temporarily passes acts from the competence of the Assembly if the Assembly is not able to meet or its work is prevented for other reasons, and if they are not passed, it would be impossible to exercise the rights and obligations of citizens and endanger property of greater value.
The president is obliged to submit the act from the previous paragraph of this article to the Assembly for approval at the first following session.
If the Assembly does not confirm the act from paragraph 1 of this article or if the president does not submit it for confirmation, that act ceases to be valid on the last day of the session.
Article 79
The President of the Municipality is responsible to the Assembly for carrying out tasks within his jurisdiction.
The President of the Municipality is also responsible to the Government for the performance of delegated and entrusted tasks.
Article 80
The president can entrust certain tasks within his jurisdiction to the vice president of the Municipality.
The vice-president is responsible to the President of the Municipality for the performance of duties from the previous paragraph of this article.
Article 81
In carrying out the tasks established by law and this Statute, the President of the Municipality makes: decisions, instructions, regulations, orders, solutions and conclusions.
The decision decides on the rights and obligations of citizens, establishes local administration bodies and public services, regulates the organization and manner of work and execution of tasks within the competence of local administration and public services, and regulates other issues within the competence of the President of the Municipality determined by law or other regulation.
The instruction prescribes the way of working and performing the tasks of local government bodies and other entities that perform tasks of interest to the municipality in the execution of laws, decisions of the Municipal Assembly and other regulations.
The rulebook elaborates in more detail on certain issues that are regulated by law, the decision of the Municipal Assembly and other regulations.
The order is issued in order to solve a certain specific situation that has general significance in cases where this is provided for by law or other regulation.
The decision decides on the establishment of expert councils and commissions, gives consent to acts passed by local government bodies and other entities that perform tasks of public interest and in other cases in accordance with the law.
The conclusion determines the tasks of local government bodies and entities that perform tasks of public interest, take positions, decide on the approval of funds from the Municipality's budget and other issues within the competence of the president that are not decided by other acts.
Termination of the mandate of the President of the Municipality
Article 82
The mandate of the President of the Municipality ends at the end of the period for which he was elected, by dismissal by the Assembly, dismissal by the Government, by submission of resignation and by force of law.
The termination of the mandate of the President of the Municipality due to the resignation and by force of law is established by an act of the Assembly.
Article 83
The Assembly can dismiss the President of the Municipality if:
- does not propose the budget and the final budget account within the prescribed period;
- does not ensure the implementation of the strategic development plan of the municipality and other development plans and programs, as well as strategic documents of state importance;
- fails to submit an annual report to the Assembly on its work and the work of local government bodies and services;
- does not execute court decisions.
Article 84
A proposal for the dismissal of the President of the Municipality can be submitted by at least one third of the councilors.
The Assembly decides on the proposal for the dismissal of the President of the Municipality within 30 days from the date of submission of the proposal, by a majority vote of the total number of councilors.
The proposal for the dismissal of the President of the Municipality is submitted in writing to the President of the Assembly.
The proposal must be signed manually by the councilor who submits the proposal with his full name and surname.
In the motion for dismissal, the proposer is obliged to state the reasons for requesting the dismissal of the President of the Municipality, with an explanation, as well as the name of the councilor who will announce the proposal on behalf of the proposer.
The President of the Assembly submits the proposal to the President of the Municipality for familiarization and clarification.
A discussion is opened in the Assembly on the proposal for the dismissal of the President of the Municipality.
The President of the Municipality has the right to express his opinion on the submitted proposal at the Assembly session.
At the end of the debate, the President of the Assembly puts the proposal for the dismissal of the President of the Municipality to a vote and, based on the results of the vote, announces the decision.
Article 85
The President of the Municipality may submit his resignation, which he informs the Assembly about.
Article 86
The mandate of the President of the Municipality ends by force of law:
1) loss of Montenegrin citizenship,
2) by changing residence,
3) when he is deprived of legal capacity by a final decision,
4) when he has been convicted by a final judgment for an act that makes him unworthy to hold office,
5) when he was sentenced to an unconditional prison sentence by a final judgment,
6) in other cases prescribed by law.
Article 87
When the mandate of the President of the Municipality, in cases prescribed by law, expires, the function of the President, until the election of a new President of the Municipality, is performed by the Deputy President of the Municipality, who is appointed by the Assembly.
In the case of termination of the mandate of the President of the Municipality, the election of the President of the Municipality will be carried out within 30 days from the date of termination of the mandate at the latest.
Article 88
The provisions of the law are directly applied to the procedure for the termination of the mandate of the President of the Municipality by dismissal from the Government.
Vice President of the Municipality
Article 89
The municipality has a maximum of two vice presidents.
The Deputy President of the Municipality replaces the President of the Municipality in case of his absence or inability to do so within the scope of the powers entrusted to him by the President.
The Deputy President of the Municipality monitors the work of local government bodies and public services in the areas assigned by the President of the Municipality and takes care of the implementation of policies in those areas.
The mandate of the vice-president lasts as long as the mandate of the President of the Municipality.
Exceptionally, the mandate of the Deputy President of the Municipality lasts until the election of the new President of the Municipality in accordance with Article 87 of this Statute.
Article 90
The mandate of the Deputy President of the Municipality ends before the expiration of the time for which he was elected by dismissal, resignation and by force of law.
The Deputy President of the Municipality may be dismissed before the end of the mandate if he does not perform the tasks referred to in Article 89 paragraph 3 of this Statute.
The Deputy President of the Municipality may submit his resignation, of which he informs the President of the Municipality.
The mandate of the Deputy President of the Municipality ends by force of law in the cases prescribed for the termination of mandate by force of law for the President of the Municipality.
VI – LOCAL ADMINISTRATION
- Local administration bodies and services
Article 91
Local administration bodies (secretariats, administrations and directorates) are formed to carry out local administration tasks.
Professional services can be formed to carry out professional and other tasks within the competence of the chief administrator and the chief city architect, as well as joint professional and other tasks for the needs of the municipality.
Special services are formed to perform specific tasks of local administration (communal police service, protection and rescue service and other services, in accordance with the law).
Local administration bodies and services are formed by the President of the Municipality, based on the obtained opinion of the chief administrator.
Article 92
The internal organization and systematization of the bodies and services from the previous article is determined depending on the volume, type and complexity of the work and in a way that ensures their efficient, economical and effective performance.
The act on the internal organization and systematization of local government bodies and services is passed by the head of the local government body, i.e. public service, with the consent of the President of the Municipality.
Local government affairs
Article 93
Local government bodies:
1) execute laws, other regulations and general acts,
2) prepare and evaluate the analysis of the impact of decisions and other regulations adopted by the Assembly and the President of the Municipality,
3) perform administrative supervision over the execution of regulations and other general acts,
4) ensures the performance of works of public interest for the local population,
5) decides in the first instance administrative procedure about the rights, obligations and legal interests of natural persons, legal persons and other parties,
6) decides on the legal remedies of users of services of general interest,
7) keep records prescribed by law and general acts of the Assembly and the President of the Municipality,
8) perform other tasks established by law, the Statute and other acts of the Municipality.
The preparation and assessment of the impact analysis from paragraph 1 point 2 of this article is carried out in accordance with the act of the local government authority responsible for financial affairs and is submitted with the proposal of a decision or other regulation to the Assembly, that is, to the President of the Municipality.
Article 94
Local administration bodies perform administrative supervision that includes:
1) supervision over the legality of acts of public services that deal with the rights, obligations and legal interests of citizens and legal entities,
2) supervision over the legality and expediency of the work of public services,
3) inspection supervision.
Article 95
In performing administrative supervision, local government bodies:
1) propose to the President of the Municipality to initiate a procedure for the evaluation of the constitutionality and legality of general acts of public services or some of their provisions and to suspend the execution of that act until the completion of the procedure before the Constitutional Court of Montenegro,
2) order measures to fulfill the established obligations,
3) propose measures to overcome the problem, i.e. eliminate shortcomings in the work of public services,
4) give the initiative for adopting or amending regulations,
5) submit a request to initiate misdemeanor proceedings or criminal charges,
6) inform other authorities, if there are reasons for taking measures under their jurisdiction,
7) undertake other measures, in accordance with special regulations.
Article 96
The municipality has a Service for performing communal police work.
The communal police service ensures communal order and communal supervision in accordance with the law.
Supervision over the legality and effectiveness of the work of the municipal police service is carried out by the President of the Municipality.
Article 97
The municipality has a Protection and Rescue Service.
The Protection and Rescue Service carries out tasks of protection and rescue of citizens, material and cultural assets and protection of the environment threatened by disasters, natural disasters, technical-technological and other accidents, in accordance with the law regulating protection and rescue.
Supervision over the legality and effectiveness of the work of the Protection Service is carried out by the President of the Municipality.
Article 98
Local administration bodies and services founded by the municipality submit a report on their work to the President of the Municipality at least once a year.
Chief administrator
Article 99
Main admin:
- performs the duties of a second-level body in administrative matters under the jurisdiction of the body and special services of the local government,
- coordinates the work of local government bodies and services, in the execution of tasks that require mutual cooperation (preparation of regulations, action plans, strategic plan for the development of the municipality and other development plans and programs, preparation of reports on their implementation and expert information materials, reports on law enforcement , municipal regulations, etc.),
- gives an opinion on the act determining the organization and way of working of the local administration,
- gives expert instructions and work instructions to local government bodies and services, for the proper application of laws and other regulations,
- prepares an annual report on the handling of administrative matters under the jurisdiction of the Municipality,
- submits to the President of the Municipality an annual work report and other reports at the request of the President of the Municipality,
- performs other duties established by law, the Municipal Statute and acts of the President of the Municipality.
Article 100
A professional service can be formed to carry out the tasks of the main administrator.
The professional service of the chief administrator is managed by the chief administrator and is responsible for its work.
The chief administrator passes an act on the internal organization and systematization of the professional service, decides on the selection of candidates in the process of establishing an employment relationship and the rights and obligations of employees in the service.
Article 101
The Chief Administrator is appointed by the President of the Municipality on the basis of a public competition, for a period of five years.
A person who has the VII1 level of educational qualification, law school, passed the bar exam and at least five years of work experience can be appointed as the chief administrator.
The provisions of the Law on Local Self-Government, which regulate the filling of positions within the category of senior management staff, are applied accordingly to questions related to the implementation of a public competition and the way to check the ability of a candidate for the position of chief administrator.
Article 102
The term of office of the main administrator ends:
- at the end of the term for which he was appointed,
– at personal request,
- termination of the employment relationship by force of law,
- by dismissal.
Article 103
The main administrator is dismissed if:
- does not perform or negligently performs tasks established by law, the Municipal Statute and acts of the municipal president,
- was sentenced to an unconditional prison sentence by a final verdict,
- was convicted by a final judgment of a criminal offense that makes him unfit to hold office,
- the president of the municipality does not accept the annual report on his work.
Article 104
The President of the Municipality issues an act stating the dismissal of the chief administrator.
The head of the local government body
Article 105
The work of the local administration body, the service that performs joint, professional and other tasks for the needs of the Municipality and special services is managed by the head of the local administration body, that is, the head of the service, the chief of the municipal police, the commander of the protection service, that is, the head of another special service (hereinafter: the head of the body ,
that is, services).
The head of the body, that is, the service, is appointed on the basis of a public competition, for a period of five years, unless otherwise prescribed by a special law.
For his own work and the work of the body or service he manages, the head of the body or service is responsible to the President of the Municipality.
The term of office of the head of the authority or service ends and he is dismissed for the reasons prescribed for the termination of the mandate and the dismissal of the chief administrator, unless otherwise prescribed by a separate law.
Article 106
The head of the body, that is, the service, passes the act on internal organization and systematization and the work program of the body, that is, the service that he manages, with the prior consent of the mayor of the municipality, decides on the selection of candidates in the procedure of establishing an employment relationship and the rights and obligations of employees, and performs other tasks, in accordance with the law, the Statute and other acts of the Municipality.
Article 107
The head of the body or service may have an assistant.
The assistant head of the body or service is appointed on the basis of a public competition, for a period of five years.
The decision on the appointment of the assistant head of the body or service is made by the head of the body or service, with the consent of the President of the Municipality.
The term of office of the assistant head of the body or service ends and he is dismissed due to the reasons prescribed for the termination of the mandate and the dismissal of the chief administrator.
Chief City Architect
Article 108
A municipality can have a chief city architect who performs the tasks prescribed by the law governing spatial planning and building construction.
If a professional service is formed to carry out the duties of the chief city architect, the chief city architect manages that service and is responsible for its work.
The chief city architect passes an act on the internal organization and systematization of the professional service, decides on the selection of candidates in the process of establishing an employment relationship and the rights and obligations of employees in the service.
The chief city architect is appointed on the basis of a public competition.
The mandate of the chief city architect ends and he is dismissed for the reasons prescribed for the termination of the mandate and the dismissal of the chief administrator.
The manager of the municipality
Article 109
A municipality can have a manager.
The manager proposes and participates in the preparation and implementation of municipal development plans and programs that encourage economic development, entrepreneurial initiative and public-private partnership, ensures environmental protection and sustainable development, prepares and manages projects financed from international funds and other sources, monitors their realization, prepares information and reports on the implementation of projects, establishes a void database on plans, programs and projects, initiates changes and amendments to regulations that hinder business initiatives and performs other tasks entrusted to him by the mayor.
The manager is appointed, on the basis of a public competition, for a period of five years.
The manager's mandate ends and he is dismissed for the reasons prescribed for the termination of the mandate and the dismissal of the chief administrator.
Article 110
Local administration bodies and services founded by the Municipality submit a report on their work to the President of the Municipality at least once a year.
The head of the authority submits a report to the President of the Municipality on his request, at least once a year, about the situation in the administrative area under the jurisdiction of the body, that is, the service he manages.
If, on the basis of the report from the previous paragraph of this article, it is determined that the situation in the administrative area is not satisfactory, the President of the Municipality will raise the issue of the responsibility of the head of the body, that is, the service.
The initiative to initiate the question of responsibility in the sense of the previous paragraph of this article can be initiated by the chief administrator.
In the procedure initiated to determine responsibility, the head of the body has the right to state the reasons indicated for the dismissal.
Based on the established factual situation following the request to determine the responsibility of the head of the body, the President of the Municipality can make a decision on dismissal or impose another measure in accordance with the law.
Conflict of Jurisdiction and Exemption
Article 111
Conflict of jurisdiction between local government bodies is resolved by the chief administrator.
The conflict of jurisdiction between local government bodies, public services and legal entities entrusted with the performance of certain tasks by the decision of the Assembly is resolved by the President of the Municipality.
Article 112
The President of the Municipality decides on the exemption of the head of the body and the chief administrator.
The head of the authority or service, or the head of the public service, decides on the exemption of an authorized official who conducts administrative proceedings and passes an administrative act in a local government body, special service and public service.
VII – LOCAL GOVERNMENT
Local communities
Article 113
Citizens establish a local community, in accordance with the decision of the Assembly.
The decision from the previous paragraph of this article regulates the conditions of establishment, tasks, bodies, organization and work of bodies, the method of decision-making, financing and other issues of importance for the work of the local community.
As an exception to paragraph 1 of this article, the Assembly may, when it is necessary to exercise the rights and duties of citizens, temporarily form local communities until the establishment of a local community in accordance with paragraph 1 of this article.
Article 114
In the local community, citizens decide and participate in decision-making on the realization of local needs and interests in the areas of: settlement planning, housing, consumer protection, culture, physical culture, protection and improvement of the environment, as well as other areas of life and work, in accordance with this Statute .
Article 115
Funds for meeting the needs of the local population in the local community are provided from:
1) revenues of the Municipality that can be transferred to the local community,
2) own resources of the local population that are pooled directly, through self-contribution or in another way,
3) donation of legal and natural persons,
4) compensation for services provided by the local community through its activities, in accordance with the decision of the Municipal Assembly,
5) gifts and other means.
Article 116
The register of local communities is maintained by the competent authority of the local government.
By registering in the register, the local community acquires the status of a legal entity.
The content and manner of keeping the registry of local communities is determined by the Ministry.
VIII – PARTICIPATION OF CITIZENS IN ACHIEVING LOCAL SELF-GOVERNMENT
Article 117
The municipality creates the conditions, encourages and helps the participation of the local population in the realization of local self-government, through various forms of participation of the population in declaring and deciding on matters of common interest.
In order to meet cultural, sports, educational, health, informational and other needs, the local population participates in public service management bodies and other legal entities that exercise public powers and provide services to citizens, in the manner prescribed by a special law and other regulations.
Article 118
Forms of direct participation of citizens in declaration and decision-making are: initiative, citizens' initiative, assembly of citizens, referendum (local and municipal) and other forms of declaration and decision-making.
Article 119
Citizens have the right to submit an initiative to the competent authorities of the municipality in order to consider and decide on certain issues of interest to the local population.
The competent authority of the local administration is obliged to take a position on the submitted initiative and inform the applicant of the initiative within 30 days.
If the authority does not act on the initiative from the previous paragraph of this article, the initiator of the initiative can address the president of the municipality or the Assembly.
Article 120
Citizens have the right to citizen initiative.
The citizens' initiative proposes the adoption or change of an act regulating important issues within the jurisdiction of local self-government.
Article 121
Citizens' initiatives can be initiated on the following issues: planning and spatial planning, environmental protection, communal activities, taxes, fees and charges, culture and sports, and other significant issues within the jurisdiction of the Municipality.
Article 122
A citizens' initiative can be submitted by at least 3% voters registered in the municipality's voter list, according to data on the number of voters from the last election.
The citizen's initiative must be signed by the applicant with the following information: full name, unique citizen's registration number and residential address.
A citizens' initiative that does not contain all the elements from paragraphs 1 and 2 of this article will be considered incomplete and will be returned to the applicants for amendment.
Article 123
The municipal body to which the citizen's initiative was addressed will submit the initiative to the competent local government body and the working body of the Assembly for opinion.
The authorities and working body referred to in paragraph 1 of this article are obliged to give their opinion within 15 days from the day of submission of the initiative.
Article 124
The Assembly is obliged to declare the citizen's initiative at the first following session after receiving the opinion.
When the Assembly accepts the citizen's initiative, it will task the competent local government authority to prepare a proposal for an act to regulate the issue that is the subject of the initiative within 60 days.
In drafting the act, the authority from the previous paragraph is obliged to enable the participation of the representative of the citizen initiative applicant.
If the competent authority does not accept the citizen's initiative, a referendum can be called on the issue on which the citizen's initiative was initiated, which will be held within 90 days from the date of the decision.
Article 125
The Assembly of Citizens, by the majority of votes of the citizens present, adopts requests and proposals and sends them to the competent authority.
Municipal authorities are obliged to consider requests and proposals and inform citizens about them within 60 days from the date of the citizens' assembly.
Article 126
The assembly of citizens is convened by the competent body of the local community on its own initiative or at the proposal of at least 1% citizens from the area for which the assembly is organized.
The assembly of citizens can be convened by the President of the Assembly and the President of the Municipality in order to obtain the opinion of the citizens on certain issues of local interest, as well as the councilor in the Municipal Assembly who is entered in the voter list of the area for which the assembly is organized, in order to obtain the opinion of the citizens on a certain issue.
The assembly of citizens is convened by sending a public invitation at least 7 days before the day of the assembly.
The invitation is published in the media, as well as displayed on the bulletin board of the local community and the Municipal Assembly, public buildings, other advertising places, entrance doors of residential buildings and in other convenient ways.
Article 127
The request for convening the assembly of citizens must contain in written form an explained proposal of the issues that the assembly should consider.
If the request for convening the meeting is submitted by citizens, the request must contain: citizen's first and last name, address and handwritten signature.
Article 128
If the conditions for convening a meeting are met, the meeting will be convened within 8 days at the earliest, or within 30 days at the latest after receiving the request.
Article 129
The work of the citizens' assembly requires the presence of at least 3% citizens from the area for which the assembly is convened.
The assembly of citizens decides by majority vote of those present.
Article 130
Citizens at the meeting:
- make proposals to the municipal authorities in connection with the preparation of programs and plans for the development of the municipality, spatial development plan, protection and improvement of the environment,
- consider initiatives and proposals for establishing local communities and changing the borders of local communities,
- other issues of importance for the local population in accordance with the law, the Statute and the decision of the Assembly.
Article 131
At the local referendum, citizens from part of the municipality's territory express their opinion on issues within the jurisdiction of the local self-government.
A local referendum can be called for the purpose of prior declaration of citizens on issues of immediate interest to citizens from the territory for which the referendum is called, and in particular:
- on the introduction of local self-contribution,
- on the construction of infrastructure facilities for that area and other issues of interest to citizens from that area.
The decision to call a local referendum is made by the Municipal Assembly on the proposal of at least 20% voters from the territory of the municipality for which the calling of a referendum is requested.
Article 132
A municipal referendum can be called for the purpose of prior declaration of citizens on the territory of the municipality on certain issues within the competence of local self-government in cases, in the manner and according to the procedure established by this Statute, in accordance with the law.
Article 133
A municipal referendum can be called for the purpose of citizens' prior declaration: about the introduction of self-contribution, deciding on issues raised by a citizen's initiative that was not accepted by the Assembly, as well as other issues of special importance within the jurisdiction of the municipality on which the Assembly has the right to make decisions.
Article 134
The proposal to call a municipal referendum can be submitted by the President of the Municipality, at least one third of the councilors and 5 % voters registered in the municipality's voter list, according to data on the number of voters from the last election.
Article 135
The process of calling and conducting the referendum is carried out in accordance with the law, this Statute and the decision on calling it.
Article 136
In addition to the form of direct decision-making and declaration, citizens can participate in the implementation of local self-government through petitions, proposals and appeals.
Every citizen has the right to file a civil complaint or send a petition to the local self-government bodies, as well as to request notifications from the bodies within their scope of work.
A complaint, or a petition from the previous paragraph of this article, can be submitted electronically, in accordance with the law.
The authorities to which a civil complaint or petition has been sent are obliged to make a decision, that is, to give a notification within 30 days from the date of receipt of the request.
Article 137
With the aim of participation of the local population in making decisions of immediate and common interest, the Assembly, by a special decision, regulates the manner and procedure of the participation of residents in the performance of public affairs, in accordance with the law.
Article 138
Before adopting plans and programs for certain areas in the municipality, urban projects, budgets and general acts that determine the rights and obligations of citizens, the municipality will ensure the participation of the interested public in decision-making by conducting a public discussion procedure.
The municipality will determine the program of the public hearing and determine the body that will conduct the public hearing.
The public hearing cannot last less than 15 days.
Article 139
Participation of the local population in decision-making when making decisions of immediate and common interest is ensured, in particular:
1) by accessing information about the activities that are planned and will be implemented during the year at the municipal level (determination of draft plans and programs for certain areas in the municipality, urban projects, budgets and general acts, which determine the rights and obligations of citizens) to citizens, to legal and natural persons, non-governmental organizations and other interested entities;
2) public publication of the program of the public discussion;
3) informing about the manner, deadlines, place and time of holding the public hearing with the necessary information on the subject of the public hearing;
4) obliging the local self-government bodies to consider all received comments, proposals or suggestions of the participants of the public hearing, prepare a summary of comments and positions on acceptance, i.e. the reasons for non-acceptance, prepare a report on the results of the public hearing and with a draft of the municipal development plan and program, budget and general acts , which determine the rights and obligations of citizens to submit to the proposer;
5) public access to documents, and especially the availability of those documents in an accessible format to persons with disabilities who express an interest in it.
IX – COOPERATION OF LOCAL SELF-GOVERNMENT AND CITIZENS
Article 140
Local self-government bodies are obliged to ensure the exercise of the rights and duties of the local population in a legal and efficient manner, while respecting the personality and dignity of the citizen.
Councilors and local officials are obliged to comply with the code of ethics.
Local self-government bodies are obliged to provide citizens with the necessary data, explanations and notifications in order to exercise their rights and interests.
Notification is also provided through technical means, brochures and media.
For handling administrative matters, local government bodies are obliged to publicly highlight the standards of handling, in accordance with the law and the decision regulating
organization and work of local government bodies and public services.
Article 141
Local officials and elders of local government bodies are obliged to determine the time of reception of citizens.
The schedule of official premises must be displayed in a visible place in the authority or service.
At the entrance to the official premises, the personal name and title, or occupation of the local official and state employee, or other employee, must be displayed.
Article 142
Local administration bodies and special services are obliged to provide a book of impressions and boxes for remarks, proposals and complaints and reception by the persons who manage those bodies and services, for the purpose of communicating remarks or objections to the work of the authorities, i.e. services or to the improper attitude of officials.
The authorities, that is, the services are obliged to respond in writing to the objections submitted, within 15 days from the day of receiving the objections or objections, if the citizen requests it.
Authorities and services must analyze citizens' remarks, proposals and complaints once a month and take measures to solve problems that cause citizens
address.
Article 143
In order to carry out certain tasks within the competence of local government bodies, especially for the realization of citizens' rights, local government bodies can organize work in local communities.
The tasks from the previous paragraph of this article, the manner and place of their performance are determined by the chief administrator.
Citizens must be publicly informed about the way these jobs are performed.
X – RELATIONS OF LOCAL SELF-GOVERNMENT BODIES AND NON-GOVERNMENTAL ORGANIZATIONS
Article 144
In order to affirm an open and democratic society, local self-government bodies, local government bodies and services cooperate with non-governmental organizations.
Cooperation is realized:
1) informing about all issues important for non-governmental organizations,
2) by consulting non-governmental organizations on local self-government development programs and drafts of general acts passed by the assembly,
3) enabling participation in the work of working groups for the preparation of normative acts or the development of projects and programs,
4) by organizing joint public hearings, round tables, seminars and the like,
5) by financing projects of non-governmental organizations of interest to the local population, under the conditions and according to the procedure prescribed by the general act of the municipality,
6) by providing conditions for the work of non-governmental organizations, in accordance with the possibilities of local self-government,
7) the "free chair" institute i
8) otherwise prescribed by this Statute.
The procedure and method of participation of representatives of non-governmental organizations in the work of the Assembly through the "free chair" institute will be regulated in more detail in the Rules of Procedure of the Assembly.
Article 145
In order to institutionalize cooperation between local government bodies and non-governmental organizations, the Assembly establishes the Council for Cooperation with Non-Governmental Organizations as a working body.
Assembly, in order to improve and achieve cooperation between the Municipality and the non-governmental sector.
Article 146
At least once a year, the President of the Assembly will organize a working meeting of the presidents of councilors' clubs and representatives of non-governmental organizations with the aim of
improvement of further cooperation.
At least once a year, the President of the Municipality will organize a working meeting of managers and elders of local government bodies and services and representatives of the non-governmental sector in order to review the achieved level and improve further cooperation.
XI – RELATIONS OF MUNICIPAL AUTHORITIES AND STATE AUTHORITIES AND PUBLIC SERVICES
Article 147
The provisions of the Law on Local Self-Government, which govern the relationship between local self-government bodies and public services founded by the state, the relationship between local self-government bodies and state bodies and state administration bodies, as well as the relationship between local self-government bodies and the Government, are directly applicable.
Inter-municipal cooperation
Article 148
The municipality cooperates with other cities and municipalities in the country and abroad in areas of common interest in accordance with the Constitution and the law.
The decision on cooperation from the previous paragraph of this article is made by the Assembly.
XII – COOPERATION AND ASSOCIATION OF LOCAL SELF-GOVERNMENT
Article 149
In carrying out tasks within its own jurisdiction, the municipality can, based on the principles of voluntariness and solidarity, freely cooperate and pool funds for carrying out tasks of common interest, in order to meet the needs of the local population.
Article 150
A municipality can be a member of the association of municipalities for the territory of Montenegro.
An association, in the sense of the previous paragraph of this article, is considered to be an association founded by more than half of the municipalities.
Article 151
Two or more municipalities may, in order to jointly, more economically and rationally perform certain tasks within their jurisdiction, establish a business company or a public institution, in accordance with the law.
Article 152
In order to jointly perform certain tasks within its jurisdiction, a municipality can conclude a special contract with another municipality, if it is in their mutual interest.
The contract from the previous paragraph regulates the name and headquarters of the joint body of a business company, institution or other organization, actual and local jurisdiction, type, scope and method of performing joint tasks, the method of work, decision-making and financing, supervision of work, special rights and obligations of employees as and other matters of importance for establishment, operation and termination of operation.
The competent body of the local administration, i.e. the special service, which on the basis of the contract performs the tasks referred to in paragraph 1 of this article, is obliged to submit an annual work report, a report on financial operations and an annual work program to the municipalities that concluded the contract for the joint performance of certain tasks.
XIII – PUBLICITY AND TRANSPARENCY OF WORK
Article 153
Publicity and transparency of the work of local self-government bodies, local administration bodies, special, expert services and public services is ensured in accordance with the law.
Article 154
In addition to the methods established by law, the public and transparency of the work of municipal bodies and public services are ensured:
- free access to information in accordance with the law,
- informing the public,
- by publishing reports of municipal bodies and public services in the media or in another way,
- by issuing publications on the work of bodies within their scope of work that are of direct interest to citizens.
The manner and procedure of achieving publicity and transparency from paragraph 1 of this article are regulated in more detail by the Rules of Procedure of the Assembly.
Article 155
In order to ensure publicity and transparency of the work of municipal bodies and public services, the President of the Municipality, the President of the Assembly and the chief administrator are obliged to inform citizens at least once every three months through the local media or in another convenient way, about the activities of the authorities in the past and the planned activities in the future period.
Article 156
Local administration bodies, professional services, or special services are obliged to inform the public about the performance of work within their scope and to inform them about their work through the media or in another convenient way.
Provision of certain data is carried out in accordance with a special law.
Article 157
Reports, information and data on the performance of local government bodies, i.e. special services, are provided by the person who manages that body, i.e. service or a person authorized by him, and they are personally responsible for their accuracy and timeliness.
Article 158
Local government bodies are obliged to inform the public about the assessment of the analysis of the impact of decisions and other regulations adopted by the Assembly and the president of the municipality.
Local government bodies are obliged to publicly announce the holding of consultations or other forms of professional processing and discussion on issues within their scope, enable citizen participation and monitoring of the work by the media.
XIV – PROTECTION OF LOCAL SELF-GOVERNMENT
Article 159
When individual acts or actions of state bodies, state administration bodies or legal entities exercising public powers violate the right of citizens to local self-government, municipal bodies can file a constitutional appeal with the Constitutional Court of Montenegro.
Article 160
When the law adopted by the Parliament of Montenegro violates the right of citizens to local self-government, the association of municipalities can submit an initiative to the President of Montenegro not to promulgate such a law.
Council for the Development and Protection of Local Self-Government
Article 161
In order to improve the work of local self-government in the Municipality, a Council for the Development and Protection of Local Self-Government (hereinafter: Council) can be established.
Members of the Council are elected by the Municipal Assembly from prominent and respected citizens of the Municipality and experts in areas of importance for local self-government.
The council has the right to submit proposals to state bodies, local self-government bodies and public services for the improvement and development of local self-government, raising the level of quality of public services, protecting the rights and duties of the municipality established by the Constitution and the law, and protecting the freedoms and rights of the local population.
The authorities and services from the previous paragraph of this article are obliged to express their opinion on the proposals of the Council within an appropriate period, and at the latest within 60 days from the date of submission of the proposal.
Article 162
The council has a president and six members.
The following cannot be elected as members of the Council:
– deputies and councilors,
- local officials, elders of local government bodies and managers of public services founded by the Municipality,
- officials of political parties (presidents of parties, members of the presidency, their deputies, members of the executive and main committees),
- persons who have been legally convicted of a criminal offense against official duty, a criminal offense of corruption, fraud or theft, regardless of the imposed sanction, or have been legally sentenced for another criminal offense to a prison sentence of more than six months.
Article 163
The method of election and work of the Council and other issues of importance for its work are regulated in detail by the decision on the establishment of the Council.
XV – TRANSITIONAL AND FINAL PROVISIONS
Article 164
The procedure for amending the Statute is initiated by a proposal for a Decision to amend the Statute.
The proposal from the previous paragraph of this article can be initiated by at least one third of councilors, the President of the Municipality and at least 300 citizens in accordance with this Statute.
Article 165
The Assembly decides on the adoption of the Statute or amendments to the Statute by a majority vote of the total number of councilors.
Article 166
The act on the internal organization and systematization of local government bodies, professional services, or special services will be harmonized with this Statute within 60 days from the date of entry into force of this Statute.
Article 167
On the date of entry into force of this Statute, the Statute of the Municipality of Rožaje ceases to be valid ("Official Gazette of Montenegro - Municipal Regulations", no. 09/11 and 31/16).
Article 168
This Statute enters into force on the day of its publication in the "Official Gazette of Montenegro - Municipal Regulations".
Number: 254
Rožaje, October 26, 2018
ASSEMBLY OF THE MUNICIPALITY OF ROŽAJE
President of the Assembly,
Almir Avdić, B.Sc. manager, sr
