cellular municipality

Bylaws of the Municipal People's Council

chapter one

General Provisions

Article one:  This decree aims to specify the content of the model internal system of the Municipal People's Assembly stipulated in Article 16 of Law No. 11-10 of Rajab 20, 1432 corresponding to June 22, 2011, related to the municipality.

Subject  2 :  The Model Bylaw defines the common rules and special conditions for the functioning of the Municipal People's Assembly in accordance with the provisions of the law relating to the municipality mentioned above.

It constitutes the organizational framework in which each council adapts its own internal system and ratifies it through deliberation in accordance with the laws and regulations in force, especially the law relating to the municipality and the organic law related to the electoral system and the provisions of this decree.

Chapter II

Chairmanship of the Council

Article 3 :  The President of the Municipal People's Council assumes the presidency of the Council and exercises its powers as a representative of the municipality under the supervision of the Council.

In this capacity, he summons the council, presides over its sessions, and informs it about the implementation of the deliberations.

He is assisted in his duties as an executive body of the municipality by the vice presidents whom he chooses and presents to the council for approval by an absolute majority, and there is no arrangement or hierarchy among the vice presidents.

Article 4 :  The head of the Municipal People's Assembly, in his capacity as a representative of the municipality and the state, wears the sash in the national colors whenever he participates in or presides over official ceremonies and demonstrations. This is an obligatory task that he cannot give up.

The president of the Municipal People’s Council, who has a confirmed impediment, shall succeed him with one of the vice-presidents of his choice, and if this is not possible from the council’s choice, and in the event of an impediment to all the vice-presidents, he shall be replaced by any other member of his choice or from the council’s choice to represent the municipality in ceremonies and demonstrations set out in the first paragraph above.

The technical features and the occasions that require the head of the Municipal People's Council to wear the scarf are determined by a decision of the Minister of Interior and Local Communities.

Chapter III

board sessions

First branch

Course schedule and agenda

Article 5:  The Municipal People's Council meets in a regular session every two months, and it can hold extraordinary sessions, when needed to address unexpected issues or related to new events that have an impact on the municipality's finances, property, or the functioning of the public utility, and it is not possible to wait for a next regular session to be addressed.

Members of the council who have no objection to the municipality’s headquarters, in the event of the council meeting by the force of law, join the council, and put themselves at the disposal of the president of the municipal people’s council or his successor, who opens an extraordinary session related to the reasons that called for it, after notifying the governor of that.

The sessions of the Council shall be concluded as soon as their agenda has been exhausted, or at most five (5) days after their opening.

Article 6 :  The president of the Municipal People's Assembly determines the agenda and the date of the council's sessions after consulting his deputies, in the presence of the Secretary-General of the municipality with the heads of the permanent committees concerned, when necessary.

Article 7 : The president of the Municipal People's Council presents the agenda to the council at the opening of the session for approval. Additional points may be included in the agenda at the request of the president or the majority of council members.

When detailing the agenda, the "Miscellaneous Issues" section should not contain issues of great importance.

second branch

Calling the council and quorum

Article 8 : The summonses for the sessions of the Municipal People's Assembly are sent by its president and referred to in the deliberations record. The summons shall specify the date, time, and agenda of the session, and it is not possible to make any modification in it after sending it to the members of the council, under pain of nullity of the deliberations in application of the first paragraph of Article 59 of the law relating to the municipality.

The summons is delivered to each member of the Municipal People's Assembly at his residence in return for a receipt, with respect for the deadlines stipulated in the law related to the municipality.

And it can be sent, in an additional capacity, through the electronic means upon the express request of the members of the Council.

Article 9 : The deliberations of the Municipal People's Assembly are not valid unless the absolute majority of its practicing members is present, and this quorum is required at the first summons to the Municipal People's Council.

And if the absolute majority is not complete,  The chairperson announces that the session will not be held, and a minutes is prepared proving the lack of a quorum and is signed by the members present immediately  . A second call is sent within five (5) complete days at least  The Council meets and its deliberations are valid at that time, regardless of the number of members present.

Article 10 : The absolute majority is complete when the number of members of the Municipal People's Assembly actually present exceeds half of the number of members.

The powers of attorney granted by absent members to their colleagues are not taken into account when calculating the quorum. The quorum is not affected by the withdrawal of a member during the session.

third branch

Material conditions for holding the courses

Article 11: The sessions of the Municipal People's Assembly are of an honorary character and are conducted within the framework of respecting the constitutionally enshrined foundations and symbols of the state.

The first session of the Council of the year opens and its last session concludes in the same year by reciting verses from the Holy Quran and the national anthem.

The session chairman supervises the opening of the council’s sessions after a quarter of an hour at most from the time specified in the summons, with the exception of cases dictated by force majeure.

Article 12 : The deliberations and committee halls must meet all the requirements necessary for the proper functioning of the works and be located in the main location of the municipality’s headquarters, and the council sessions take place in it obligatory, except for the cases stipulated in paragraphs 2 and 3 of Article 19 of the law relating to the municipality.

The President of the Municipal People's Assembly or his successor ensures the provision of the necessary documents to address the points on the agenda and ensures that they are received by each member.

Fourth branch

Conditions for opening council sessions to the public

Article 13 : The sessions of the Municipal People's Assembly are public, taking into account the provisions related to closed sessions, and they are open to the citizens of the municipality and to every citizen concerned with the subject of the scheduled deliberation.

Article 14 : The public attends the council’s sessions in the space designated for it at the level of the deliberations hall within the limits of the available places.

Subject to the provisions of Article 29 of the law relating to the municipality mentioned above, with the exception of the municipal officials legally authorized by the president of the Municipal People’s Assembly and other officials legally authorized by the Wali, any person who is not a member of the Municipal People’s Assembly cannot enter the space designated for members.

And no person who is not a member of the Municipal People's Council may sit in the seats allocated to council members.

Article 15 : The public shall remain silent for the duration of the session.

No person from the public may, in any case, participate in discussions or disturb them or make any gesture that would prejudice the proper conduct of the Council's work, under pain of expulsion from the deliberations hall and the surrounding spaces.

Article 16: Issues related to public order and disciplinary cases for members of the Council are examined in closed sessions.

No person who is not a member of the Council may be present in the deliberations hall or in the surrounding spaces during a closed session, with the exception of the municipal employees stipulated by law or those who have been legally summoned by the President of the Municipal People's Assembly.

All persons present in the closed session are obligated to ensure respect for the confidentiality of discussions or decisions taken.

Fifth branch

Set discussions

Article 17 : The president of the Municipal People's Council or his successor appointed in accordance with the law, presides over the council's sessions.

The session chair directs the discussions and gives the floor to the members of the Municipal People's Council to whomever asks them.

The floor cannot be taken during the voting.

Article 18 :  The chair of the session shall control the discussions, and the members of the council who make interventions outside the agendas, or in case of improper behavior, or who cause incidents that disrupt the course of work, shall be reminded in the system.

In this regard, he does the following:

-  Oral reminder of the system  .

-  A reminder of the order with its recording in the minutes of the meeting from each member who was the subject of a verbal reminder of the order during the same session.

-  Withdrawing the speech and recording it in the meeting minutes from each member responsible for an inappropriate behavior towards the attendees or towards one of his colleagues.

-  Suspension of the session for a specified period.

-  The session is adjourned if the member persists in violating the conduct of the council’s work.

Article 19 :  It is prohibited to use any device or tool that could disturb the functioning of the works or affect its tranquility, with the exception of those expressly authorized by the President of the Municipal People’s Council, as they are a logistical support for the work of the Council.

Sixth branch

session secretariat

Article 20 :  The Secretary-General of the municipality shall undertake the secretariat of the session, and if this is not possible, the secretariat shall be assumed by an employee appointed by the president of the Municipal People's Council.

The secretariat of the session, under the responsibility of the President of the Municipal People's Assembly, is charged with the following:

- Assisting the chairperson in ensuring the quorum is complete, monitoring the health of agencies, and participating in the vote counting and sorting.

-  Preparing the minutes of the meeting and ensuring that the deliberations are recorded in the deliberations log.

-  Assisting the chairperson in presenting various documents and distributing them to members, and taking care of all the tasks assigned to them by the chairperson in order to ensure the smooth running of the council’s work.

Seventh branch

Agency

Article 21: The actual attendance of the members of the Municipal People’s Council is required when the Council sessions are held. However, every member of the Municipal People’s Council who has an impediment preventing him from attending can delegate a member of his choice to vote on his behalf by virtue of a nominal proxy prepared in writing according to the form attached to this decree In front of each authority is qualified to certify the signatures.

In the event of extreme urgency or an unexpected impediment, a member may be appointed by virtue of a power of attorney signed by another member as a witness or by the Secretary-General of the municipality. Recourse to this form of agency remains exceptional.

Each member who is forced to withdraw before voting may delegate a member during the session by virtue of a proxy indicated by the session’s chairperson or secretary.

A member cannot hold more than one proxy, and the proxy is only valid for one session or session.  

It can be withdrawn in the event that the objection to the client’s attendance in person for the session is removed, but it cannot be withdrawn in relation to a session in which he has already started.

Article 22 : The agency, dated and signed, explicitly states the session or session for which it was prepared, as well as the name of the principal and the name of the agent. The agency is handed over, according to the case, from the delegate to the president of the Municipal People's Council before the session or from the representative at the beginning of the session to its president.

Only the original agencies are taken into account, and any agency that is reproduced or sent by fax is not valid  or email.

The agencies are referred to in the minutes of the meeting and kept in the deliberations record.

Section eight

Votes

Article 23 :  Subject to the cases expressly provided for in the law relating to the municipality, the deliberations of the Municipal People's Assembly shall be approved by a simple majority of its members present or represented when voting.

In the event of an equal number of votes, the vote of the president shall prevail.

Article 24 : The Municipal People's Assembly approves its deliberations by show of hands as a general rule.

The chairperson of the session, with the assistance of its secretary, counts the votes of the members present when voting by identifying those who agree, disagree and abstain.

The delegated members of their colleagues explain orally and aloud the meaning of voting in the name of their clients.

Article 25 :  Secret balloting is resorted to at the request of two thirds of 2/3 of the council members. In this case, the session chairperson supervises the voting operations with the help of its secretary.

The session chair announces the results of the voting by secret ballot before the Municipal People's Council.

Article 26:  The results of the vote shall be recorded in the deliberations record, indicating the meaning of the vote.

the fourth chapter

Minutes of the meeting and deliberation and its extract

First branch

meeting minutes

Article 27 :  The session secretary prepares the session minutes, which are written in Arabic and include the most important opinions expressed by the members of the council, and are presented for signature during the session to all the members present.

second branch

Deliberation and its extract

Article 28 : The deliberations of the Municipal People's Council are written in Arabic and address a partial summary of the session minutes specified in Article 27 above.

The deliberations are recorded in indelible ink in the deliberations record, and each deliberation bears a registration number consisting of the year in question and a continuous serial number followed by the subject of the deliberation.

The deliberations include the following elements:

-  cycle Type .

-  The date and time of the meeting.

-  The name of the chairperson.

-  Number of members present and represented by proxy and absent.

-  Session secretariat.

-  schedule of work .

-  Surrounding circumstances and motives.

-  Board decision and voting results.

-  Signatures of the council members.

Article 29 : The head of the Municipal People's Assembly or any member of the council concerned with the subject of deliberation, either in their personal names, or in the names of their spouses, ancestors, or descendants to the fourth degree, or as agents, must take a precautionary position by withdrawing from the relevant session. In the case of contravention, the deliberation is considered void, and any effect resulting from it falls under the penalty of nullity by force of law, in implementation of Article 60 of the law relating to the municipality.

Article 30 :  The head of the Municipal People's Assembly or any member of the municipal executive body who is in a situation of conflict of interest with the municipality when carrying out a deliberation must take a conservative position to avoid personally interfering in the implementation of this deliberation.

In the event of disputes related to this implementation, the head of the Municipal People’s Council or the concerned member must refrain from representing the municipality before the judicial authorities. The interests of the latter are before the relevant judicial authorities.

Article 31:  The deliberation extract is drawn up in the Arabic language and deals with the deliberation in part as specified in Article 28 of this decree and signed by the head of the Municipal People’s Assembly or his successor and sent to the governor in accordance with the provisions of Article 56 of the law relating to the municipality.

third branch

Publication and notification of the deliberation extract

Article 32 :  The deliberation extract shall be hung in the sites designated for affixing and for informing the public at the level of the municipality headquarters, administrative annexes and municipal delegates during the eight (8) days following the entry into force of the deliberation if its content includes general provisions and the council can publish them, additionally by digital means.

The extracts of the deliberations shall be communicated to the concerned persons if their content includes individual provisions. The deliberations taken during closed sessions are not published.

Article 33:  The place for hanging the extracts of the deliberations must be preserved by glass windows and/or metal windows, and their suspension must be kept for a period of no less than one (1) month or until the deadlines for appeal have expired at least.

The place of the comment must be accessible to the public and easy to view.

Chapter V

deliberations record

Article 34 :  The record of the deliberations stipulated in Article 55 of the law relating to the municipality and mentioned above, consists of papers linked before any use and fastened with a cloth tape.

Each paper includes a serial number placed on the upper left corner on the face of the paper, leaving a margin on both sides of the paper.

The list of members present or represented during the voting comes after the content of the deliberation, and each member signs against his name.

Article 35 :  The papers of the deliberations record shall be used according to the sequence of their numbers without padding, chamfering, voids, pasting or joining papers by means of a clamp, an iron hyphen, or any other tool that may destroy the papers of the record.

Uses record sheets from both sides. And cross out every space between two deliberations in italics.

Article 36 :  The Secretary-General of the Municipality, under the authority of the President of the Municipal People's Assembly, shall keep the register of the Municipal People's Council's deliberations.

Article 37 :  At the end of each civil year or the end of the mandate, the deliberations record shall be closed with two horizontal lines followed by the phrase “closed for the end of the mandate” or the phrase “closed for the end of the year” as the case may be, followed by the date and signature of the President of the Municipal People’s Assembly with his stamp and the stamp of the municipality.

The record of deliberations is kept when it is exhausted in accordance with the required management standards that allow viewing and archiving of it, and it can be copied on a digital document for additional preservation.

Chapter six

Board Committees

Article 38 :  The Municipal People's Assembly forms permanent committees according to a deliberation taken by an absolute majority of its members based on a proposal from its president, in accordance with Article 31 of the law related to the municipality mentioned above.

The number of committees is determined in proportion to the population of each municipality, and their field of intervention includes five (5) fields.

A single committee can take care of several fields, and one field can be divided into different sub-fields that are entrusted by two or several different committees, according to the nature of the municipality and the number of committees specified by its council legally.

The Municipal People's Council can form special committees, when needed, according to a deliberation taken by the absolute majority of its members based on a proposal from its president to deal with special or time-limited issues.

The special committees are dissolved as soon as the subject for which they were established is exhausted.

Article 39:  The composition of the committees should ensure representation that reflects the political composition of the Municipal People's Assembly.

The same council member cannot be a member of more than two permanent committees.

Article 40:  Each committee elects from among its members a chairperson, a vice-chairman and a rapporteur. The same member can chair only one committee.

The committees meet at the request of their chairperson or at the request of the majority of their members after notifying the president of the Municipal People's Council.

Committee sessions are not public, subject to the provisions of Article 13 of the Municipal Law.

The work of the committees is carried out at the municipality headquarters, subject to the provisions of Article 19 of the law relating to the municipality.

Article 41 :  The work of the committees takes place during the periods between the sessions of the Council, and each committee sets the calendar related to its work without overlapping with the regular sessions of the Council.

In the event of an extraordinary session of the Council, the ongoing work of the committees will automatically stop and resume after the conclusion of this session in what suits the members of these committees and according to the programming of their work.

Chapter VII

Implementation of the rules of procedure of the council

Article 42 :  The bylaw, together with the extract of the deliberation relating to its approval, shall be sent to the governor in accordance with the provisions of Article 56 of the law relating to the municipality.

       The bylaws of the Municipal People's Assembly shall enter into force upon approval by the Governor, or at most twenty-one (21) days from the date of its deposit with the state.

Article 43 :  In the event that the governor rejects the internal system for the reasons stipulated in Article 59 of the law relating to the municipality, the internal system shall be referred to the Municipal People’s Council for a second reading to be approved after conforming to the laws and regulations in force. The governor made sure of this by law.

         The president of the Municipal People's Assembly presents the finally approved internal system to the members of the council. A copy is given to each member.

Article 44:  The bylaws of the Municipal People's Council may be amended according to the same forms, based on a proposal from the President of the Municipal People's Council or by an absolute majority of its members.