Summary.
The bill amends Article 35 of Law 106 of 1973 (Ley 106 de 1973) to provide that municipal council sessions are public and take place on the date and at the time agreed at an open town meeting. Minutes are prepared for each session and signed by the president and secretary after approval. The Municipal Council (Concejo Municipal) must arrange for the community to learn of the sessions through radio or television broadcasts, social media, virtual videoconferencing platforms, or other means of informing district residents.
The proposed new Article 35-A allows district residents to attend Municipal Council sessions in person or virtually, without the right to speak or vote. For virtual attendance, the Council Secretariat must publish on its website, one day in advance, the videoconferencing platform through which the meeting will be transmitted and the access code for the meeting.
The amendment to Article 39 governs promulgation of municipal agreements. Agreements are posted on noticeboards at the Council Secretariat, the Mayor’s Office, and the Community Peace Justice Houses (Casas Comunitarias de Justicia de Paz), as well as on their websites, so that the public can learn of them. The posting lasts ten (10) calendar days, the period specified for the agreements to produce legal effects. Agreements concerning taxes, contributions, charges, fees, and the allocation of municipal property must be published in the Official Gazette.
The amendment to Article 40 adds the community to those entitled to submit proposed agreements, alongside the mayor, Municipal Council members, and standing working committees. Community proposals must be submitted in writing to the Municipal Council Secretariat or by email to the Citizen Participation Office (Oficina de Participación Ciudadana) of the respective council. Those offices have 15 working days from submission to assess whether a proposal is viable. Citizen proposals found viable are examined and considered by the Municipal Council under the same procedures that apply to proposals submitted by the other parties listed in the article. Where called for, their proponents are granted an opportunity to address the council in order to present their proposals.
The bill states that it amends Articles 35, 39, and 40 and adds Article 35-A to Law 106 of October 8, 1973 (Ley 106 de 8 de octubre de 1973). It provides for entry into force on the day following promulgation. Its provisions concern the Municipal Council, mayor’s offices, the Community Peace Justice Houses, and municipal citizen participation offices. They may also affect district residents and people involved in submitting or publishing agreements concerning municipal taxes and property.
What it proposes.
- Public access to and dissemination of municipal council sessions.
- Citizens’ in-person and virtual attendance at sessions.
- Promulgation of municipal agreements and submission of proposed agreements by the community.
Who it would affect.
- Municipal councils and their secretariats.
- Mayors and standing working committees.
- District residents and communities.
- Municipal citizen participation offices.
Key points.
- Municipal council sessions would be public, held on the date and at the time agreed at an open town meeting, and recorded in approved minutes.Art. 1
- The Municipal Council would arrange for its sessions to be disseminated through media and virtual platforms.Art. 1
- Residents could attend sessions in person or virtually without the right to speak or vote; the virtual platform and access code would be published one day in advance.Art. 2
- Agreements would be posted on noticeboards at municipal offices and the Community Peace Justice Houses, and on their websites, for ten (10) calendar days.Art. 3
- Agreements concerning taxes, contributions, charges, fees, and the allocation of municipal property would be published in the Official Gazette.Art. 3
- The community could submit proposed agreements in writing or by email; the receiving offices would have 15 working days to assess their viability.Art. 4
- Viable citizen proposals would follow the procedures for other proposed agreements, and their proponents could be given an opportunity to present them to the council.Art. 4