Based on Article 38 paragraph 1 point 26 of the Law on Local Self-Government ("Official Gazette of Montenegro", number 2/18) and Article 42 point 23 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
WORKBOOK
ASSEMBLY OF THE MUNICIPALITY OF ROZAJE
AND BASIC PROVISIONS
Article 1
These rules of procedure regulate: the procedure for constituting the Assembly, the organization and way of working of the Municipal Assembly (hereinafter: the Assembly), the rights and duties of the councilors and the way of exercising them, convening the session, acts of the Assembly and the procedure for their adoption, publicity of the work, achieving cooperation, way and the procedure for the participation of citizens and non-governmental organizations in the work of the Assembly and other issues of importance for the work of the Assembly.
Article 2
Questions related to the organization, manner and procedure of work in the Assembly, which are not regulated by these rules of procedure, can be regulated by a special decision of the Assembly.
II CONSTITUTION OF THE ASSEMBLY
Convening the first session of the newly elected Assembly
Article 3
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, at the latest, within 15 days from the date of convening.
The first session of the Assembly, until the election of the President of the Assembly, is chaired by the oldest councilor.
If the meeting 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 after the expiration of the prescribed period for convening or holding the meeting.
In the case referred to in paragraph 4 of this article, the meeting shall be held no later than 15 days from the date of convening.
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.
Along with the convocation for the first session, the Municipal Election Commission's Report on the conducted elections, the Municipal Statute and the Rules of Procedure of the Municipal Assembly are delivered to the councilors.
Article 4
At the first session of the Assembly, the chairman notes that the Municipal Electoral Commission has submitted a report on the conducted elections and announces that by submitting the report of the Municipal Electoral Commission, the mandate of the newly elected councilors has been confirmed and started, and then the election of the President of the Assembly is carried out.
Article 5
The determination of the mandate of a councilor when filling a vacant councilor seat during the duration of the Assembly's mandate is made by the announcement of the President of the Assembly that the Municipal Election Commission has submitted a report on the filling of a vacant councilor seat.
Article 6
The councilor participates in the work of the Assembly in the manner and according to the procedure established by these rules of procedure.
Election of the President of the Assembly
Article 7
The President of the Assembly is elected from among the councilors by the Assembly on the proposal of 1/3 of the councilors, by a majority vote of the total number of councilors.
A councilor can participate in nominating only one candidate.
The proposal contains: name and surname of the candidate, short biography, party affiliation, explanation and name and surname of the representative of the proposer.
Article 8
The proposal of a candidate for the president of the Assembly is submitted to the chairman in writing and must be signed by the proposer.
Along with the proposal, the proposer is obliged to submit the candidate's consent to accept the candidacy.
The chairman delivers to the councilors the received proposals of candidates for the president of the Assembly.
If there are several candidate proposals, the chairman determines the list of candidates in alphabetical order of the candidate's last name.
Article 9
A debate is opened on the candidate's proposal.
The proponent's representative has the right to explain the proposal orally for up to 10 minutes.
Article 10
The President of the Assembly is elected by public vote.
The Assembly may, on the proposal of a councilor supported by at least 1/3 of the councilors, decide that the President of the Assembly is elected by secret ballot.
If more than one candidate is proposed for the President of the Assembly, the election is done by secret ballot.
Article 11
Public voting for the election of the President of the Assembly is carried out by calling the councilors and clearly pronouncing the words "for", "against" or "abstain".
Article 12
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 committee member cannot be a councilor who is a candidate for the President of the Assembly.
Article 13
The secret ballot for the election of the President of the Assembly is carried out according to the provisions of these rules of procedure, which regulate the decision-making procedure by secret ballot.
Article 14
If one candidate was proposed for the President of the Assembly and did not receive the required majority of votes, the election procedure is repeated with a new candidate or candidates.
If two candidates were proposed, and none of them received the required majority of votes, the election procedure is repeated with a new candidate or candidates.
Article 15
After the voting is over, the chairman announces the results of the voting and announces which candidate has been elected as the President of the Assembly.
President of the Assembly
Article 16
The President of the Assembly takes office by giving a solemn declaration, after which he takes over the chairmanship of the session.
The text of the solemn declaration reads: "I solemnly undertake to perform the duties of the President of the Assembly in accordance with the Constitution, the law and the Statute of the Municipality".
Article 17
President of the Assembly:
- represents the Assembly;
- convenes the Assembly, proposes the agenda of the session, chairs and manages its work;
- takes care of the organization and way of working of the Assembly;
- takes care of the application of the Municipal Statute and the Rules of Procedure of the Assembly;
- takes care of the implementation of the work program of the Assembly and submits an annual report on it;
- takes care of the timely and coordinated work of the working bodies of the Assembly;
- takes care of the publicity of the work of the Assembly;
- signs acts of the Assembly and takes care of their implementation;
- performs other tasks in accordance with the law, the Statute and these rules of procedure.
Article 18
In the event of the absence or incapacity of the President of the Assembly, the Assembly is chaired by the Vice President of the Assembly.
If the Assembly does not have a vice-president, the Assembly, in the case referred to in paragraph 1 of this article, is presided over by a councilor designated by the President of the Assembly.
In the event that the President of the Assembly is unable to appoint a councilor who will preside over the session of the Assembly, the session is chaired by a councilor who is from the Club of Councilors of the party that has the largest number of councilors in the Assembly.
Termination of office of the President of the Assembly
Article 19
The office of the President of the Assembly ends before the end of the term for which he was elected by the end of the councilor's mandate, dismissal, resignation and by force of law.
Article 20
The President of the Assembly can be dismissed before the end of the term for which he was elected, if he does not perform the tasks within his jurisdiction, in accordance with the rules of procedure, the Statute and the law.
Article 21
A proposal for the dismissal of the President of the Assembly can be submitted by at least 1/3 of the councilors in the Assembly.
The proposal is submitted to the Assembly in written form.
The proposal must contain the reasons for which the dismissal is proposed.
Article 22
The session of the Assembly where the proposal for the dismissal of the president is decided
The President of the Assembly is obliged to convene the Assembly within 15 days from the date of submission of the proposal at the latest.
Along with convening the session, the President of the Assembly also submits a motion for dismissal to the councilors.
Article 23
In the event that the President of the Assembly does not convene the Assembly within the period specified in the previous article, the Assembly will be convened by the applicant of the motion for dismissal.
Article 24
A discussion is opened on the motion for dismissal.
Before opening the hearing, the proponent's representative has the right to explain the proposal.
The President of the Assembly has the right to state the reasons for dismissal.
Article 25
The Assembly decides on the proposal for the dismissal of the President of the Assembly by the majority of votes of the total number of councilors.
The President of the Assembly is dismissed by public vote.
Public voting is done by calling councilors and clearly pronouncing the words "for", "against" and "abstention".
The Assembly may, on the proposal of 1/3 of the councilors, decide that the proposal for the dismissal of the President of the Assembly shall be voted on by secret ballot.
Secret voting is carried out in accordance with the provisions of these rules of procedure, which refer to decision-making by secret voting.
Article 26
The session of the Assembly at which the proposal for the dismissal of the President of the Assembly is discussed is chaired by the Vice President of the Assembly or the applicant of the proposal for dismissal.
Article 27
In case of resignation, the position of the President of the Assembly ends on the day of the session at which he resigned, that is, at the first following session of the Assembly, if he resigned in the time between two sessions of the Assembly.
Article 28
The mandate of the President of the Assembly ends by force of law in the cases provided for by the law and the Statute of the Municipality.
Article 29
The session at which the termination of the mandate of the President of the Assembly due to the resignation and by force of law is established, is convened and presided over by the Vice President of the Assembly, i.e. the councilor appointed by the Club of Councilors of the party that has the largest number of councilors in the Assembly.
The Assembly concludes without discussion that the President of the Assembly has ceased to hold office due to resignation or by force of law.
Article 30
When the term of office of the President of the Assembly expires in cases prescribed by law, the function of the President of the Assembly until the election of a new president is performed by the Vice President of the Assembly or a councilor appointed by the Club of Councilors of the party that has the largest number of councilors in the Assembly.
In case of termination of the mandate of the President of the Assembly, the Assembly is obliged to elect the President of the Assembly within 30 days at the latest.
Vice President of the Assembly
Article 31
The Vice-President of the Assembly assists the President of the Assembly in carrying out tasks within his scope.
The Vice President of the Assembly replaces the President of the Assembly in case of his absence and inability to perform his duties.
Article 32
The Vice President of the Assembly is appointed by the Assembly, with a majority vote of the total number of councilors.
The candidate for the vice president of the Assembly is proposed by the president of the Assembly.
The proposal contains: the name and surname of the candidate, a short biography and an explanation.
Article 33
The Vice-President of the Assembly can be dismissed before the end of the mandate if he does not perform his duties in accordance with the Rules of Procedure and the Statute of the Municipality.
The proposal for the dismissal of the vice-president of the Assembly is submitted by the President of the Assembly or at least 1/3 of the total number of councilors.
In the dismissal procedure, the vice-president has the right to declare at the Assembly session the reasons for which his dismissal is requested.
The vice-president is dismissed by a majority vote of the total number of councilors, as a rule, by public vote.
Article 34
The Vice President of the Assembly may resign.
Resignation is confirmed on the day of the session at which he resigned, that is, at the first following session of the Assembly if he resigned in the time between two sessions.
Article 35
The mandate of the Vice-President of the Assembly ends by force of law in the cases that are foreseen for the President of the Assembly.
Aldermen's Club
Article 36
Councilors have the right to form a Club of Councilors.
A councilor can be a member of only one Councilors' Club.
The club of councilors consists of at least two councilors. The club of councilors, as a rule, consists of councilors of one party, that is, a party or a coalition of parties or parties, or a group of citizens.
If councilors from the electoral list cannot independently form a Club of Councilors, they can form a Club of Councilors with councilors from another electoral list or join an already formed Club of Councilors.
The President of the Club informs the President of the Assembly about the formation and composition of the Club of Councilors within 7 days from the day of the election of the President of the Assembly.
Article 37
The club of councilors is constituted by submitting a list of Club members to the President of the Assembly, which is signed by each member of the Club. The President of the Club and his deputy are indicated separately on the list.
Councilors of one political party cannot form several club of councilors.
Article 38
The club of councilors participates in the work of the Assembly in the manner established by these rules of procedure.
Article 39
The club president represents the approvers.
The President of the Club is replaced by the Deputy President of the Club in case of absence or inability to do so.
Article 40
During the session of the Assembly, the Club of Councilors can authorize one of its members to represent the Club of Councilors on a specific agenda item.
If the Club of Councilors is represented by the deputy president, he has all the rights and obligations as the president of the Club.
Article 41
The President of the Club of Councilors informs the President of the Assembly in writing about the change in the composition of the Club of Councillors.
When new members join the Council of Councilors, the president of the Council of Councilors submits their signed declarations of accession to the President of the Assembly.
Article 42
The Municipal Assembly is obliged to, in accordance with its possibilities, provide the Club of Councilors with the use of a room for work during the work of the Assembly session.
Working bodies of the Assembly
Article 43
To consider issues within the competence of the Assembly, propose acts and carry out other tasks within the competence of the Assembly, the Assembly establishes committees and councils as permanent working bodies and commissions as temporary working bodies of the Assembly (hereinafter: working bodies), in accordance with the Statute and the Decision on Education working bodies.
The composition and way of working of the working body is determined by the Decision on the formation of working bodies of the Assembly.
A councilor can be a member of a maximum of two working bodies.
Article 44
The president and members of the working bodies are elected based on the list of candidates.
The list of candidates contains the name of the candidate for president and as many members as are elected.
The mandate of the president and members of the working body lasts as long as the mandate of the Assembly.
Article 45
The list of candidates for president and members of the Committee for Election and Appointments is submitted by the President of the Assembly based on the proposal of the clubs of councilors.
The list of candidates for president and members of other working bodies is submitted by the Selection and Appointments Committee based on the proposal of the aldermen's clubs.
Article 46
The Assembly decides on the list of candidates for the president and members of the working body as a whole, by public vote, with the majority of votes of the councilors present.
Article 47
If the list of candidates for the president and members of the working body does not get the required majority, a new list proposal is submitted.
Article 48
The appointment of the president or an individual member of the working body by which replacement or filling in the working body is carried out is done on the basis of individual proposals.
Article 49
The board works if the majority of board members attend the session, and decisions are made by the majority of votes of the board members present. If the board does not have the necessary majority for work, due to the absence or incapacity of an individual board member, the absent board member can be replaced, with the right to decide, by the president of the Club or a member of the Club of Board members designated by that club.
Appointment of members of public service management bodies
Article 50
The Assembly appoints the president and members of the public service management body founded by the Municipality on the proposal of the competent working body of the Assembly.
The Assembly decides on the list of candidates for the president and members of the public service management body founded by the Municipality as a whole, by public vote, by the majority of the votes of the councilors present.
The mandate of persons from paragraph 1 of this article lasts for 4 years.
Collegium of the President of the Assembly
Article 51
The President of the Assembly forms the Collegium.
The collegium consists of the president of the Assembly, the vice-president of the Assembly and the presidents of the aldermen's clubs.
The secretary of the Assembly participates in the work of the Collegium.
Article 52
Collegium of the President of the Assembly:
- considers issues of organization and way of working of the Assembly and working bodies and agrees on taking measures to improve that work;
- takes care of the application of these rules of procedure and work procedures in the Assembly;
- determines the schedule of sessions of the Assembly;
- takes care of creating conditions for the work of aldermen's clubs;
- agreeing on the convening of the Assembly and the proposal of the session's agenda;
- reviews received initiatives and proposals and determines the procedure for acting on them;
- participates in the preparation of the Assembly's Work Program;
- takes care of publicizing the work of the Assembly;
- performs other tasks related to the work of the Assembly and its working bodies.
The Collegium President of the Assembly agrees and decides on the issues from paragraph 1 of this article at a meeting scheduled by the President of the Assembly, on his own initiative or at the proposal of an individual Club of Councillors.
If agreement is not reached on a particular issue, the President of the Assembly decides in accordance with these rules of procedure.
Minutes are kept on the work of the Collegium.
III THE RIGHTS AND DUTIES OF THE ADMINISTRATOR
General provisions
Article 53
The councilor has the right and duty to participate in the work of the Assembly and its working bodies, carry out assigned tasks, propose to the Assembly the consideration of certain issues within its jurisdiction, submit proposals for decisions and other acts, submit amendments to draft regulations, ask committee questions, perform other tasks in in accordance with the law, the Statute and these rules of procedure.
Article 54
The councilor has the right to access all official materials and documents that are prepared or collected by the committees or the Assembly Service, and which relate to matters of importance for the exercise of councilor functions.
The councilor has the right to ask the President of the Assembly, the Secretary of the Assembly, the President of the Municipality, the head of the local administration body and the manager of the public service whose founder is the Municipality, for notifications, explanations and information that he needs in order to perform the function of the councilor.
The request from paragraph 2 of this article is submitted in writing, and the competent authority is obliged to give a written answer within 10 days.
Article 55
The councilor cannot be held responsible for the expressed opinion, the way of voting or the spoken word in the exercise of the councilor's function.
Article 56
In performing his function, the councilor has the right to request from the Assembly Service, within the scope of the Service's work:
- provision of expert assistance in drafting proposals submitted to the Assembly and the working body and assistance in performing other tasks entrusted to him by the working body;
- providing expert explanations on certain issues related to the work of the Assembly;
- ensuring the use of materials that are on the agenda of the Assembly or working body.
Article 57
The councilor is obliged to participate in the work of the Assembly and the working body of which he is a member and to make decisions.
The councilor has the right to participate in the work of the working bodies of the Assembly in which he is not a member, without the right to make decisions.
Article 58
The councilor has the right to compensation for work and other compensation for the performance of councilor functions, in accordance with the decision of the Assembly.
Article 59
The councilor submits his resignation in writing and personally hands it to the President of the Assembly.
The President of the Assembly submits the councilor's resignation to the Municipal Election Commission and informs the Assembly of the submitted resignation.
The Assembly notes the termination of the mandate of the member who resigned.
Committee question
Article 60
The councilor has the right to ask the councilor's question to the president of the Municipality, the chief administrator, the head of the local administration body and the head of the public service, i.e. the organization founded by the Municipality.
The committee issue can only refer to issues within the jurisdiction of local self-government bodies, local administration bodies, organizations and public services founded by the Municipality.
Answers to committee questions are given at the end of the Assembly session.
Article 61
A councilor can ask a maximum of two councilor questions per session.
The member's question is asked in writing and submitted to the Assembly Service no later than 15 days before the day of the session, with the right to announce the member's question orally at the end of the session for up to 2 minutes.
The parliamentary question should be clearly formulated and cannot take on the character of a debate.
Article 62
The head of the body - service in charge of answering the councilor's question is obliged to submit the answer in writing to the Assembly Service and the councilor who asked the councilor's question no later than 2 days before the start of the session.
The persons referred to in paragraph 1 of this article may give an oral answer to the committee's questions.
Article 63
A councilor who asked a councilor's question, to which he received an answer, has the right to comment on the answer for up to three minutes and to ask a supplementary question.
The answer to the supplementary question is given immediately orally or at the end of the next session in written form.
Answering the supplementary question ends the procedure of answering the committee question.
The councilor cannot ask the same or similar question that has already been answered.
A councilor who has not asked a councilor's question cannot speak regarding a councilor's question, an answer to a councilor's question and comments on another councilor's answer.
Article 64
Records are kept on the work of councilors.
The record from paragraph 1 contains data on: attendance of councilors at the sessions of the Assembly, attendance at sessions of working bodies, absence from sessions of the Assembly and working bodies, number of proposed decisions or given initiatives, number of submitted amendments, amendments and initiatives, number of submitted committee questions, number discussion at the sessions.
Data from the records are published on the website of the Assembly, the newsletter or in another suitable way at least once a year.
The secretary of the Assembly takes care of keeping records and publishing data.
Board member identification
Article 65
The councilor is issued a councilor's identity card (hereinafter: identity card).
The identification is made as a laminated card with dimensions of 85x55 millimeters.
Article 66
The identification contains:
- on the front side, on the left side, a photo of the alderman, dimensions 35 x 27 millimeters, and the name and surname of the alderman below the photo; on the right side, the text: "Montenegro, Municipality of Rožaje, Municipal Assembly", written in three lines, below that the text "Board ID" written in capital letters; in the lower part, the text: "ID number" with a line for entering the number, and below the number the text "Valid until", with a line for entering the date;
- on the back of the ID is written under the heading "Immunity of councilors", and below that the text: "A councilor cannot be called to criminal responsibility, detained or punished for an opinion expressed or voted in the Assembly, on the lower part of the card is the text: "President of the Municipal Assembly Rožaje", printed name and surname of the President of the Municipal Assembly, with his signature;
- in the middle of the front and back of the ID, the coat of arms of the Municipality is printed in color.
– the ID is light blue, and the text on it is black.
- ID numbers start with the number one and are determined alphabetically by the councilor's last name.
Article 67
If the councilor loses or otherwise remains without identification, he has the right to obtain a new identification upon request.
The new identification card is issued under the same number as the previous one.
Legitimation ceases to be valid before the date indicated on it, in case the councilor's mandate ends before the end of the term for which he was elected.
Records of issued identification cards are kept by the Assembly Service.
IV SESSION OF THE ASSEMBLY
- Convocation of the session and method of work
Article 68
The Assembly works and decides at sessions.
The Assembly session is convened by the President of the Assembly.
The President of the Assembly convenes a session of the Assembly as needed, at least once every three months.
The President of the Assembly convenes a session on his own initiative, at the request of the President of the municipality, at the proposal of 1/3 of the councilors or at the initiative of at least 300 voters, within 10 days from the date of submission of the request or initiative.
Along with the request or initiative for convening the session, a proposal for the agenda and material for the session is submitted.
Article 69
If the President of the Assembly does not convene the Assembly, the Assembly will be convened by the applicant of the request or initiative.
If the Assembly is convened by the applicant, i.e. the initiative of the provisions of these Rules of Procedure relating to the manner of convening, work and decision-making, the provisions prescribed in the event that the session was convened by the President of the Assembly shall apply accordingly.
In the event that the Assembly session is convened by the petitioner, that is, the initiative, the session is chaired by the councilor designated by the petitioner, that is, the initiative.
The session of the Assembly is held, at the latest, within 10 days from the date of convening.
Decisions or other acts passed by the Assembly in terms of paragraph 3 of this article are signed by the chairman of the session.
Article 70
The convening of the Assembly session contains: the date of the meeting, the start time of the session and the proposed agenda.
The summons for the session must be sent to councilors no later than 10 days before the day of the session.
Minutes from the previous session (as a rule) and materials whose consideration is planned according to the proposed agenda are submitted together with the convocation for the session.
Only proposals for acts that have been prepared in accordance with the law, the Statute and these rules of procedure can be included in the proposal for the agenda of the session.
The Assembly cannot decide on issues for which the appropriate material has not been submitted to the councilors.
The Assembly cannot decide on issues on which it does not have the opinion of the competent working body, unless otherwise determined by these Rules of Procedure.
Exceptionally, the material for the proposed agenda can be submitted in a shorter period of time or at the session itself with a written explanation of the reasons for this by the proposer.
Article 71
Exceptionally, in justified cases involving urgency, the President of the Assembly may convene the Assembly within a period of no less than three days, and propose the agenda at the session itself.
Article 72
The invitation to the Assembly session with the proposed agenda and material for the session is delivered to the councilors, the President of the Municipality, the Vice Presidents of the Municipality, the Chief Administrator, the elders of local government bodies, the President of the Council for the Development and Protection of Local Self-Government, representatives of citizens and non-governmental organizations participating in the work of the Assembly session , and, if necessary, to the heads of organizations and
public services founded by the Municipality, in written or electronic form.
The summons for the Assembly session is delivered to the media.
The President of the Assembly can decide to deliver the convening and material for the agenda of the session to other interested entities.
Article 73
In the event of extraordinary circumstances that threaten the life and health of people and property of greater value, the President of the Assembly can call a session of the Assembly, and propose the agenda at the session itself.
Only questions related to extraordinary circumstances can be found on the agenda of the session.
The method of work and the decision-making procedure of the Assembly will be determined by the President of the Assembly in agreement with the presidents of the aldermen's clubs at the beginning of the session, depending on the reason for convening the session and the urgency of making appropriate decisions.
Article 74
Representatives of non-governmental organizations and interested citizens can participate in the work of the Assembly in the manner prescribed by these rules of procedure.
Non-governmental organizations and citizens who are interested in attending the session of the Assembly are obliged to report the need to attend the session no later than seven days before the session, with the obligation to indicate the topic for which they request to attend the session.
The President of the Assembly, in accordance with the spatial possibilities and the need to ensure optimal conditions for the work of the Assembly session, will enable the attendance of the interested entities and inform them in a convenient way no later than 5 (five) days before the Assembly session.
The course of the session
Quorum for the meeting
Article 75
The Assembly session is presided over by the President of the Assembly.
The President of the Assembly opens the session of the Assembly and determines whether the majority of the total number of councilors is present (hereinafter: quorum).
The quorum is determined on the basis of registration slips signed by the present councilors or by roll call at the request of councilors.
The roll call is made by the secretary of the Assembly or a person designated by him.
A quorum is mandatory: for the beginning of the work of the session, adoption of the minutes, determination of the agenda and for decision-making.
The President of the Assembly informs which councilors have announced or justified their absence, as well as to whom the invitation for the session has been sent.
Article 76
If the President of the Assembly determines at the beginning of the session that there is no quorum for work, he postpones the session and determines the time of the session on the same day or postpones the session to another day at a specified time.
The President of the Assembly is obliged to convene the postponed session within a period that cannot be longer than 7 days from the date of postponement.
Article 77
If, during the session, the President of the Assembly determines that there is no quorum for decision-making, he interrupts the session until a quorum is provided and sets the time for the continuation of the session.
If the session is postponed indefinitely, the president of the Assembly calls the presidents of the aldermen's clubs within three days from the day of the postponement, in order to determine the date of the continuation of the session of the Assembly, with the fact that the continuation of the session must be convened within 7 days from the day of the postponement.
Adoption of minutes
Article 78
Before moving on to determining the agenda of the Assembly session, the minutes from the previous session are adopted.
The councilor can make remarks on the minutes and request that appropriate changes and additions be made to them.
The Secretary of the Assembly gives an opinion on the given remarks on the minutes.
The Assembly decides on the merits of objections to the minutes without discussion.
The President of the Assembly gives the minutes for comment and announces that the minutes have been adopted without objections, that is, with the changes and additions that have been accepted, and states that the conditions for its certification have been met.
Setting the agenda
Article 79
The President of the Assembly gives the necessary notifications regarding the proposed agenda.
The President of the Assembly, the President of the Municipality, the councilor and the permanent working body of the Assembly can propose changes to the proposed agenda with a brief explanation of the proposal.
Proposals for amending the agenda are: omission (withdrawal) of certain items from the proposed agenda and supplementing the agenda with new items.
Only the proposer of the agenda change, i.e. his representative and the proposer, i.e. the representative of the proposer of the act for which the agenda change is proposed, can participate in the debate on the proposed changes to the agenda, and participation in the debate can last no longer than three minutes.
Proposals for the omission (withdrawal) of individual acts from the agenda are submitted to the President of the Assembly in writing before the start of the session or orally at the session itself.
Proposals for supplementing the agenda with a proposal for an act shall be submitted to the President of the Assembly no later than three days before the day of the session.
Article 80
The Assembly decides separately on each proposal to amend and supplement the agenda, first on proposals to omit an individual item from the agenda, and then on proposals to supplement the agenda.
Article 81
In the event that the competent working body proposes that a specific proposal for a decision or a long act not be included in the agenda due to the absence of a legal basis for its adoption, the Assembly decides without discussion.
Article 82
The Assembly decides on the proposal of the agenda as a whole without discussion.
New items are entered into the agenda, in the order determined by the President of the Assembly, without discussion.
When the President of the Assembly announces the set agenda, the debate will proceed according to the set order from the agenda.
During the session, the President of the Assembly may, for the sake of efficiency and rationality, propose changes in the order of discussion or consolidation of discussion on certain issues, which is decided by the Assembly.
Participation in the discussion
Article 83
No one can speak at the session of the Assembly before requesting and receiving the floor from the President of the Assembly.
The President of the Assembly gives the floor to the councilor and other participants in the session in order of registration.
Article 84
The proposer, or the representative of the proposer, can give an introductory explanation at the beginning of the debate on the proposed act, lasting up to 10 minutes.
The person referred to in paragraph 1 of this article answers the questions during the discussion, and after the discussion is over, he has the right to the closing speech.
After the proposer, i.e. the proposer's representative can participate in the debate in the following order: the rapporteur participates on behalf of the working body that considered the issue on which the discussion is being held, then the councilor who expressed an opinion in the working body, the president of the Municipality, if he is not the proposer, and after that councilors get the floor according to the order of application.
The president or a member of the Council for the Development and Protection of Local Self-Government, as well as a representative of interested citizens and non-governmental organizations, can participate in the discussion.
The rapporteur on behalf of the working body and the proposer, or the representative of the proposer, can speak several times during the discussion.
Article 85
After the presentation of the councilor and the proposer, that is, the representative of the proposer, the president, that is, the representative of the club of councilors, has the right to request and receive the floor in order to clarify the views from the presentation (commentary of the presentation).
The member whose presentation was commented on has the right to respond to the participant in the debate who commented on his presentation.
The right from paragraphs 1 and 2 of this article can be used once for up to three minutes.
After the debate is over, and before the closing remarks, the representative of the proponent and the Club of Councilors has the right to, through his representative, present the views of the Club, lasting up to three minutes.
Article 86
A councilor or other participant in the discussion can speak only about the issue that is on the agenda and in the time prescribed for presentation.
If the speaker deviates from the agenda and does not adhere to the time prescribed for the presentation, the President of the Assembly will warn him.
If the speaker does not adhere to the agenda or time for the presentation even after the warning, the President of the Assembly will turn off his microphone (take away the floor) and invite the next person registered for the discussion to take the floor.
Article 87
The President of the Assembly can interrupt the session or postpone the discussion on a certain issue when he judges that it is necessary to carry out consultations and obtain the necessary opinions regarding a certain issue that is on the agenda of the session.
In the case of interruption of the session or postponement of the discussion on a certain issue due to the reasons from paragraph 1 of this article, the President of the Assembly convenes the continuation of the session within 7 days after the consultations have been carried out, i.e. the requested opinion has arrived, with the fact that the deadline for carrying out the necessary consultations cannot be longer from 10 days from the day the session was adjourned.
Exposure time
Article 88
The councilor's presentation in the debate can last no longer than 10 minutes.
A member of the council can speak on the same item of the agenda a maximum of two times.
A councilor in the debate can get the floor a second time only when the list of participants speaking for the first time is exhausted, with the provision that he cannot speak for more than 5 minutes the second time.
A councilor who did not use the right to speak in the first round has the right to participate in the discussion in the second round for up to 5 minutes.
The Assembly may, at the proposal of the President of the Assembly, decide without debate that a particular item on the agenda may be discussed only once.
The Assembly may, at the proposal of the President of the Assembly, determine a different duration of the presentation, as well as that only a certain number of representatives of the club of councilors, the President of the Municipality, or the other proposer of the act speak on certain issues.
Article 89
A representative of a non-governmental organization, i.e. a citizen who participates in the session by invitation, has the right to present a proposal or opinion on the issue that is on the agenda for which he requested to participate in the session, provided that his presentation can last up to 10 minutes, without the right to decide (free chair).
Violation of the Rules of Procedure
Article 90
A member who requests to speak about a violation of the Rules of Procedure is given the floor by the President of the Assembly as soon as he requests it, with the fact that the member is obliged to point out the provision of the Rules of Procedure that he considers to have been violated, and his presentation cannot last longer than 3 minutes.
After the councilor's presentation, the President of the Assembly gives an explanation regarding the remark.
If the councilor is not satisfied with the given explanation and demands a statement from the Assembly on the violation of the Rules of Procedure, the president of the Assembly, without discussion, calls on the councilors to declare the existence of a violation of the Rules of Procedure.
A replica
Article 91
A councilor whose name or personality was directly mentioned in a negative context or whose presentation was misinterpreted has the right to ask for and receive the floor (right to reply). The President of the Assembly gives the floor to that councilor when he requests it.
The right from paragraph 1 of this article belongs to the president of the club, i.e. the authorized representative of the Club of Councillors, if his Club or his political party, i.e. coalition, are mentioned in a negative context.
The proposer or the representative of the proposer of the document under discussion has the right to reply, as well as other participants in the work of the session.
The right from paragraphs 1, 2 and 3 of this article can be used only once for up to three minutes.
Reply to reply is not allowed, unless the President of the Assembly judges that the statements in the reply are offensive and allows that reply.
Article 92
When he determines that there are no more applicants for participation in the debate, the President of the Assembly closes the debate.
Break in the work of the session
Article 93
The President of the Assembly can order a break if the circumstances of the session require it.
The President of the Assembly may, at the request of the Club of Councilors, order a break in order to carry out consultations and obtain the necessary opinions on a certain issue.
The break from paragraph 1 of this article can last up to 30 minutes.
The President of the Assembly is obliged to set a break of at least 30 minutes after four hours of continuous session work.
Maintaining order at the session
Article 94
The President of the Assembly takes care of order at the Assembly session.
Councilors and other participants in the debate are obliged to respect the dignity of councilors and the Assembly and other participants, to address each other with polite words and with respect.
It is not allowed to use offensive expressions or present data and evaluations from the private life of councilors and other persons.
Councilors are addressed only by first and last name.
Measures to maintain order
Article 95
For violation of order at the Assembly session, the following measures can be imposed: warning, taking away the floor and removal from the session.
Pronounced measures are entered in the minutes of the meeting.
Article 96
A reprimand is issued to the councilor:
– who speaks before asking for and receiving the floor;
- who, in addition to the warning of the President of the Assembly, talks about an issue that is not on the agenda of the Assembly session;
- who interrupts the speaker in his presentation or throws things at the speaker, or otherwise threatens the freedom of speech;
- which presents facts related to the private life of councilors or other persons;
- if he violates the order of the session by other actions or acts contrary to the provisions of these rules of procedure.
Article 97
The measure of deprivation of the floor is imposed on the councilor who has previously been given two warning measures, and who, despite this, disrupts the order at the session or acts contrary to the provisions of these rules of procedure.
The councilor who has been ordered to speak must stop his presentation, otherwise the President of the Assembly will turn off the sound system and, if necessary, call for a break.
Article 98
The measure of removal from the session is imposed on the councilor who, even after the measure of forfeiture of the floor, obstructs or prevents work at the session, disobeys the decision of the President of the Assembly on the imposition of the measure of forfeiture of the floor, or continues his behavior in the sense of Article 96 of these Rules of Procedure.
The measure of removal from the session can be imposed on the councilor even without previously imposed measures, in case of disruption of order or physical attack on the councilor or another person in the Municipality building.
A councilor who has been ordered to remove himself from the session is obliged to leave the session immediately.
If the councilor refuses to leave the session, the President of the Assembly will order the officials in charge of maintaining order in the Municipality building to remove that councilor from the session.
If the President of the Assembly cannot ensure order at the session by the measures he has taken, he will determine a break in the work of the session until order is restored.
The provisions on maintaining order at the Assembly session are accordingly applied to the work of the Assembly's working bodies.
Deciding
Article 99
The Assembly decides if more than half of the total number of councilors attend the session, and the decision is made by the majority of the votes of the councilors present, if the Statute of the Municipality does not stipulate otherwise.
As a rule, the Assembly decides on every issue that has been put on the agenda, after the debate is over.
Article 100
The Assembly decides by public vote, unless the Statute or these rules of procedure stipulate that certain issues are decided by secret vote.
Article 101
Before moving to the vote, the President of the Assembly determines whether there is a quorum and invites the councilors to vote.
Public voting is done using an electronic voting system, a show of hands or a roll call.
Voting by show of hands is done only if the electronic voting system is not in operation.
Roll call voting is carried out when the President of the Assembly determines it or at the request of 10 councilors.
The councilor votes by declaring "for", "against" or "abstention".
Article 102
The counting of votes is done by the secretary of the Assembly or a person designated by him.
After the voting is over, the President of the Assembly determines the result of the voting and announces whether the proposal has been adopted or not.
Article 103
The Assembly may decide that the vote shall be secret.
Secret voting is done with ballots that are printed as many as there are councilors and that are of the same size, shape and color and stamped with the seal of the Assembly.
For each repetition of the vote, the mark of that vote is written on the ballot or the ballots are printed in a different color.
The secretary of the Assembly is responsible for printing and sealing the ballots.
Article 104
If there is a secret vote on the proposal of the act, the ballot contains the name of that act, and below the name on the left side the word "for" and on the right side the word "against".
The councilor votes by circling the word "for" or the word "against".
Article 105
When voting for election or appointment, the ballot contains the names of the candidates in alphabetical order, and a serial number is placed in front of each candidate's name.
Voting is done by circling the ordinal number of the name of the candidate for whom the councilor is voting.
If there are more candidates on the ballot than the number to be elected, you can vote for a maximum of as many candidates as are elected.
If there is only one candidate to be decided on the ballot, instead of the ordinal number in front of the name, the ballot contains the words "for" and "against" and voting is done by circling one of these two words. The words on the ballot are written in the manner described in the previous article of these Rules of Procedure.
Article 106
Secret voting is managed by a three-member Voting Commission, which is assisted in its work by the Secretary of the Assembly.
The composition of the Commission corresponds to the party representation in the Assembly.
The committee from paragraph 1 of this article is elected by the Assembly on the proposal of the President of the Assembly, i.e. the Chairman of the Assembly.
Article 107
Before the start of voting, the President of the Assembly, i.e. the chairman, gives the necessary explanations about the voting method and determines the time of the break to determine the voting results.
Article 108
The Secretary of the Assembly makes a roll call, hands the ballot to the councilor and records which councilor received the ballot.
After voting, the councilor personally places the folded ballot in the ballot box.
Article 109
After the voting is over, the voting committee starts determining the voting results, in the same room where the voting took place.
Before opening the ballot box, the number of undelivered ballots is determined.
Article 110
The voting committee prepares a short report on the results of the secret ballot, which contains data: the number of ballots handed in, the number of ballots found in the ballot box (used ballots); number of valid and invalid ballots; the number of votes "for" and "against", i.e. the number of votes for an individual candidate, as well as the statement whether the proposal was adopted, i.e. which candidate was elected.
Article 111
The following are considered invalid ballots: an incomplete ballot, a ballot that has been filled out in such a way that it cannot be determined with certainty how the councilor voted, as well as a ballot on which a larger number of candidates than the number to be elected is circled.
Article 112
After the vote, the President of the Assembly, or the chairman, announces the result of the vote, the adopted proposals and the election.
The counting of votes on the same issue can only be repeated once.
The result of the vote is entered in the minutes.
Minutes
Article 113
Minutes are kept on the work of the Assembly session.
The minutes contain the names of councilors who did not attend the Assembly session, basic data on the work at the session, participants in the discussion, conclusions reached on individual points and the names of acts adopted by the Assembly at the session in connection with individual items on the agenda.
The results of voting on certain issues are also entered in the minutes.
At the request of the councilor, his dissenting opinion is entered into the minutes.
A brief summary of the councilor's question and the answer to the councilor's question are entered in the minutes.
Article 114
The secretary of the Assembly takes care of the drafting of the minutes.
The minutes are sent to the councilors along with the summons for the next session.
The councilor has the right to comment on the minutes before adopting the minutes.
The adopted minutes are signed by the President of the Assembly and the Secretary of the Assembly.
A sound recording is made at the Assembly session.
On the basis of the sound recording, the report is made.
The audio recording and minutes are kept in the documentation of the Assembly.
The councilor has the right to inspect the audio recording and minutes.
The editing, issuing and storage of phonographic records from the Assembly session is regulated by a special instruction of the Collegium of the President of the Assembly. The manner of use and storage of audio recordings and minutes will be regulated in more detail by a special act of the Secretary of the Assembly.
V ACTS OF THE ASSEMBLY AND THE PROCEDURE FOR THEIR ADOPTION
Acts of the Assembly
Article 115
The Assembly, in carrying out tasks within its jurisdiction, adopts: Statute, decisions, plans, solutions, conclusions, charters, recommendations and other acts.
Procedure for decision-making
Article 116
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.
The proposer of the decision appoints a representative during the consideration of the proposed decision in the Assembly and working bodies.
Article 117
The procedure for making a decision is initiated by submitting a proposal for a decision.
The proposed decision is submitted in the form in which the decision is made and must be explained.
The reasoning contains: the legal basis for making the decision, the reasons for making it and an explanation of the basic legal institutes, and an estimate of the financial means for implementing the decision.
If the proposal of the decision creates obligations for the budget of the Municipality, the evaluation of the funds for its implementation and the method of their provision are stated in the explanation.
If the proposed decision is not prepared in accordance with these rules of procedure, the President of the Assembly will ask the proposer to bring the proposed decision into line with the provisions of these rules of procedure within 8 days.
If the proposer of the decision does not harmonize the proposal of the decision within the deadline from the previous paragraph, it will be considered that the proposal of the decision has not been submitted.
Article 118
The text of the basic decision, whose amendment is proposed, is submitted along with the proposed decision to amend and supplement the decision.
The proposed decision is submitted to the President of the Municipality for the purpose of giving an opinion, when he is not the proposer.
The president of the municipality gives an opinion on the proposed decision before considering that proposal in the working body.
The proposer of the decision can, when the decision regulates issues of special importance, propose that the Assembly approve the draft, put it on public debate and designate the competent authority for its implementation.
The Assembly decides on the determination of the draft decision by means of a conclusion.
Article 119
In order to consider the proposed decision at the Assembly session, the proposed decision is considered by the working body whose scope includes the issue regulated by the decision and the Committee for Statute and Regulations.
The proposed decision can be considered by other working bodies if the proposal includes certain issues that are within the scope of those working bodies.
Article 120
After considering the proposed decision, the competent working body proposes in its report to the Assembly to adopt or not to adopt the proposed decision.
By submitting an amendment, the competent working body can propose to the Assembly to adopt the proposed decision in an amended text compared to the text submitted by the proposer.
The report of the working body is delivered to councilors and the proposer of the decision, as a rule, before the start of the Assembly session.
Discussion on the proposed decision
Article 121
A discussion is held on the proposed decision at the Assembly session.
The discussion on the proposed decision is carried out as a whole.
If in the discussion a considerable number of suggestions and proposals for changing certain solutions were presented and when a large number of amendments were submitted to the proposed decision that the proposer did not accept, the Assembly may, at the proposal of the President of the Assembly or at the request of the proposer, decide to postpone the vote on the proposed decision, in order to the proposer and the competent working bodies reconsidered the proposed decision and took positions on the given remarks and proposals, harmonized the amendments with the text of the proposed decision and submitted the final proposal to the Assembly.
After the discussion and voting on the amendments, the voting on the proposed decision as a whole is started.
The proposer of the decision may withdraw the proposed decision until the end of the discussion on the proposed decision.
Amendments
Article 122
The proposal to amend and supplement the draft decision is submitted in the form of an amendment in writing to the President of the Assembly and must be explained.
The amendment can be submitted by authorized proponents for submitting decision proposals and the competent working body of the Assembly.
The applicant of the amendment is obliged to state in the explanation of the amendment whether it is necessary to provide additional financial resources for the implementation of the amendment.
The amendment is submitted no later than three days before the beginning of the session where the proposed decision is considered.
The proposer of the decision, the president of the municipality if he is not the proposer of the decision and the competent working body can submit an amendment in written form with an explanation until the conclusion of the debate on the proposed decision.
Article 123
The amendment to the proposed decision is sent to councilors, the proposer, the President of the Municipality if he is not the proposer, and to the competent working body if he is not the proposer of the amendment.
The proposer of the decision and the president of the municipality, if he is not the proposer of the decision, submit to the Assembly a statement on each submitted amendment in written form.
The competent working body is obliged to consider the amendments submitted to the proposed decision and propose to the Assembly which amendments to accept and which to reject.
Article 124
The Assembly decides on amendments according to the order of members of the proposed decision to which they were submitted.
If several amendments are submitted to the same article of the proposed decision, the amendment proposing the deletion of that article is decided first, and then the amendments proposing changes to that article.
If an amendment to the amendment is submitted, the amendment that was submitted to the amendment is voted on first.
The amendment submitted by the proposer of the decision and the amendment accepted by the proposer of the decision become an integral part of the proposed decision and the Assembly does not decide on it separately.
Adoption of acts by abbreviated (urgent) procedure
Article 125
Exceptionally, the decision can be made by urgent procedure.
According to the urgent procedure, only a decision can be made that regulates the issues and relations for which there is an urgent need to be settled, and failure to make a decision could cause harmful consequences.
The proposer of the act is obliged to state in the explanation of the proposed decision the reasons for which it is necessary to make the decision according to the urgent procedure.
Article 126
The proposed decision for the adoption of which an urgent procedure is proposed can be placed on the agenda of the Assembly session if it is submitted no later than 24 hours before the beginning of the session.
If the Assembly accepts the proposal that the decision be made in an urgent procedure, it sets a deadline in which the competent working bodies will consider the proposed decision and submit a report, as well as a deadline in which the President of the Municipality, if he is not the proposer of the decision, will give the Assembly an opinion on the proposed decision.
Article 127
When the competent working body considers a proposal for a decision for the adoption of which an urgent procedure is proposed, the Assembly can decide to start the discussion on the proposal for a decision immediately and without a written report, with the reporter presenting it orally at the session.
If the competent working body does not submit a report within the set deadline, the debate on the proposed decision can be held in the Assembly without the working body's report.
Amendments to the proposal for a decision that is made under an urgent procedure can be submitted until the end of the discussion.
The competent working bodies and the President of the Municipality, if he is not the proposer, declare their opinion on the amendments.
Procedure for adoption of other acts
Article 128
Adoption of other acts is carried out in the manner and according to the procedure provided for decision-making, unless otherwise specified in these rules of procedure.
A proposal to amend or amend a proposal for an act which, due to the nature of that act, cannot be submitted in the form of an amendment, is submitted as a proposal for amendment or amendment with an explanation.
No amendments can be submitted to the proposals of individual acts, nor proposals for their amendment or addition.
Along with the proposal of local planning documents, the councilors are notified how and where they can gain insight into the planning documents.
Along with the proposal of the documents from the previous paragraph, the proposal of the Decision on the municipal budget and other decisions regulating the rights and obligations of citizens, a report on the conducted public debate is submitted, and with the final budget statement, an external audit report.
Along with the proposed act, other necessary documentation is submitted in accordance with the law, the Statute and the decision of the Assembly.
Procedure by citizens' initiative
Article 129
Citizens can submit a citizen's initiative to the municipal authorities for the adoption or change of an act regulating important issues within the jurisdiction of the Municipality.
The authorities referred to in paragraph 2 of this article are obliged to give an opinion on the submitted citizens' initiative within 15 days from the date of its submission.
Article 130
The Assembly decides on the citizens' initiative with a conclusion.
By concluding on the acceptance of the initiative, the Assembly determines the deadline in which the competent authority is obliged to prepare a proposal for an act regulating the issue contained in the initiative.
In the process of preparing and drafting an act based on a citizen's initiative, the competent authority is obliged to include the applicant of the citizen's initiative.
If it does not accept the initiative, the Assembly can decide to call a referendum on the issue, within 90 days from the day of reaching the conclusion.
Procedure according to the request or proposal of the Council for the Development and Protection of Local Self-Government
Article 131
The Assembly, within 60 days, considers and pronounces on the request or proposal of the Council for the Development and Protection of Local Self-Government.
At the session where the Assembly expresses its opinion on the request or proposal of the Council for the Development and Protection of Local Self-Government, the President of the Council participates in the capacity of the representative of the proposer of the act, which the Council can submit in accordance with the powers specified by law and the Decision on the establishment of the Council for Development and Protection of Local Self-Government.
Procedure for amending and supplementing the Statute
Article 132
Amendments to the Municipal Statute are made according to the procedure and in the manner prescribed by the Municipal Statute.
The procedure for amendments to the Statute is initiated by a proposal for a decision on accession to the amendments to the Statute.
A proposal for a decision to accede to amendments to the Statute can be submitted by at least 1/3 of the councilors, the President of the Municipality or at least 300 voters registered in the municipality's voter list, according to the data on the number of voters from the last election.
Article 133
The President of the Assembly submits a proposal for a decision on accession to amendments to the Statute to the councilors, the competent working body and the President of the Municipality, if he is not the proposer.
Article 134
The proposal for a decision on accession to amendments to the Statute is under discussion.
After the discussion, the Assembly decides whether the proposed decision is accepted.
Article 135
When it adopts the proposal for a decision on accession to amendments and additions to the Statute, the Assembly forms a Commission for drafting the proposal for a Decision on Amendments and Amendments to the Statute and determines the deadline by which it will submit it to the Assembly.
Article 136
The procedure for adopting a Decision on amendments to the Statute is the same as for adopting the Statute.
The Assembly decides by majority vote of the total number of councilors on the adoption of the Decision on Amendments to the Statute of the Municipality.
VI PROCEDURE FOR MONITORING THE ENFORCEMENT OF LAWS, OTHER REGULATIONS AND ACTS
Article 137
In order to monitor the situation in certain areas, the implementation of laws, other regulations and general acts and obligations of local government bodies and public services, the Assembly, at least once a year, considers the report of the President of the Municipality on his work and the work of local government bodies and the reports of public services founded by the Municipality.
The Assembly considers reports, analyses, information and other analytical materials prepared by local government bodies and public services.
Article 138
Regarding the consideration of the material from the previous article, the Assembly may:
- draw a conclusion on their acceptance;
- make a conclusion obliging the applicant to supplement the report on certain issues;
- make a conclusion that establishes certain obligations of the competent authority, that is, the public service, and provide guidelines for further work;
- give the initiative to undertake or propose measures of responsibility towards the responsible person due to non-implementation of the decision, other regulation or general act within the competence of the Assembly;
- to give the initiative to the competent state authorities in order to take appropriate measures.
Article 139
In the process of preparing and adopting plans, programs of work and development of public services and other legal entities founded by the state, which relate to the territory of the municipality, the Assembly considers the drafts of these acts, makes proposals, suggestions, opinions and monitors their implementation.
Public services and legal entities from paragraph 1 of this article are obliged to submit to the Assembly at its request a Report on the work and implementation of plans and programs under their jurisdiction in the area of the Municipality.
VII COOPERATION OF THE ASSEMBLY WITH THE ASSEMBLY OF MONTENEGRO, ASSEMBLY
UNIT OF LOCAL SELF-GOVERNMENT AND LOCAL COMMUNITIES OF OTHER COUNTRIES
Article 140
The Assembly and its working bodies cooperate with the Assembly of Montenegro and assemblies of local self-government units in Montenegro and their working bodies, by exchanging information, experiences and examples of good practice, documentation and other materials, mutual visits by representatives of the Assembly and their working bodies and through other forms of mutual cooperation.
In addition to cooperation with the entities from the previous paragraph, the Assembly also cooperates with local communities of other countries and their associations.
VIII PUBLICITY OF THE WORK OF THE ASSEMBLY
Article 141
The work of the Assembly is public.
Electronic media have the right to directly broadcast the session of the Assembly, which is handled by the Secretary of the Assembly.
The Assembly provides the conditions for electronic media to broadcast the Assembly session.
The Assembly and its working bodies will exclude the public from their work in cases where materials whose confidentiality is prescribed by law are being considered.
The proposal to close the session to the public in the cases provided for in paragraph 4 of this article may be submitted by the President of the Assembly, the President of the Municipality or at least 1/3 of the councilors.
The Assembly decides on the proposal from paragraph 5 of this article by the majority of votes of the members present.
Article 142
The Assembly informs the public about its work, the topics discussed and the decisions it makes.
Individual proposals of acts that are being discussed can be published in the media or in a special publication, on which the Assembly makes a decision.
Article 143
Authorized representatives of public information are provided with draft acts and other materials that are considered in the Assembly and its working bodies, unless otherwise determined by the general act on the manner of handling material in the Assembly that is considered to be of a confidential nature.
The Assembly provides journalists with the necessary conditions for following the sessions of the Assembly and its working bodies.
In order to provide more complete information to the public about the work of the Assembly and its working bodies, the Assembly publishes data and information about its work and the work of its working bodies on the website of the Assembly.
Article 144
An authorized representative of the Assembly can issue an official press release.
The text of the official announcement is approved by the President of the Assembly or a person authorized by him.
The press conference in the Assembly can be held by the President of the Assembly, the president of the club of councilors and the president of the working body.
Article 145
In order to ensure the public and the transparency of the work of the Assembly, the President of the Assembly informs the citizens about the activities of the Assembly in the past period and the planned activities in the coming period at least once in three months through the local media or in another convenient way.
Article 146
The President of the Assembly and the Secretary of the Assembly take care of the implementation of provisions related to the public work of the Assembly.
IX WORK PROGRAM OF THE ASSEMBLY
Article 147
The Assembly adopts the Work Program for the calendar year.
The work program determines the duties and tasks of the Assembly and their basic content, job holders and deadlines for consideration of certain issues.
Article 148
In the preparation of the work program of the Assembly, the Assembly service obtains proposals and opinions on issues that should be included in the Work Program from the President of the Municipality, councilors, working bodies, parliamentary clubs, public services, local communities and non-governmental organizations.
The President of the Assembly, based on the proposal from paragraph 1 of this article, determines the proposal of the Assembly's work program for the calendar year, which he submits to the Assembly for consideration and decision.
The President of the Assembly, the President of the Municipality, the Club of Councilors and the working body of the Assembly may propose that certain issues be included in the Work Program of the Assembly, no later than three days before the session, with an explanation of the proposal.
The Assembly decides on submitted proposals to supplement the Work Program without discussion.
X PARTICIPATION OF NON-GOVERNMENTAL ORGANIZATIONS/CITIZENS
Article 149
A representative of non-governmental organizations can participate in the session of the Assembly, in the manner and according to the procedure prescribed by these rules of procedure.
One representative of non-governmental organizations can participate in one agenda item at the Assembly session.
Article 150
A representative of a non-governmental organization can participate in the work of the Assembly session (the so-called "free chair" institute) if the non-governmental organization meets the following conditions:
- that it has been registered for at least one year;
- to have its seat on the territory of the municipality;
- that in the previous year: implemented one or more projects in the municipality or participated in at least one public campaign in the municipality, or implemented at least two one-off actions of importance for the municipality, or participated with specific proposals in at least three public discussions that were conducted in the municipality ;
- that the Statute has established activities and goals of action for the subject area i
- that it has members who have experience and know the subject in question or has associates who have expert references on the subjects in question.
A non-governmental organization that meets the requirements from paragraph 1 of this article has the right to propose, that is, appoint a representative of the non-governmental organization that will participate in the work of the session.
Article 151
In order to use the "free chair" institute, the non-governmental organization is obliged to submit to the Assembly Service:
- application for participation in the work of the session, signed by a person who is authorized to represent or represent a non-governmental organization, with documentation based on which the fulfillment of the conditions from the previous article is determined;
– the statute of the non-governmental organization;
- the decision to establish a non-governmental organization;
- a statement by the person authorized to represent or represent the non-governmental organization that there are no members of political party bodies and public officials in the governing body, in terms of regulations on preventing conflicts of interest.
Article 152
The Assembly Service, based on submitted applications from non-governmental organizations, establishes, maintains and updates records on non-governmental organizations that meet the requirements of Article 153 of these Rules of Procedure.
Article 153
The invitation to non-governmental organizations to apply for participation in the Assembly session is published on the website of the Assembly, no later than 10 days before the Assembly session.
The invitation to non-governmental organizations to apply for participation in the session can be sent through the local public broadcaster, as well as in another convenient way.
The application for participation in the Assembly session is submitted by non-governmental organizations to the President of the Assembly, no later than 7 days before the Assembly session, with the obligation to specify the agenda items for which they are applying for participation in the Assembly session.
Article 154
If several non-governmental organizations apply for the same item on the agenda, the President of the Assembly invites the representatives of those non-governmental organizations to a joint meeting.
At the meeting with the President of the Assembly, representatives of non-governmental organizations agree and determine the representatives who will participate in the work of the session, according to individual points of the agenda.
Article 155
Representatives of non-governmental organizations who have been appointed to participate in the work of the session are sent an invitation to the session with material for the item on the agenda they are participating in, no later than five days before the session.
The notification about the representatives of non-governmental organizations who will attend the Assembly session according to certain items of the agenda is published on the website of the Assembly.
Article 156
Representatives of non-governmental organizations who are invited to participate in the work of the session can submit proposals and opinions in relation to the materials on the items of the agenda for which they requested participation, no later than three days before the day of the session.
Proposals and opinions are submitted to the President of the Assembly, the President of the Municipality, another authorized proposer and the competent working body.
The Assembly does not decide on proposals and opinions, except when they are accepted by the proposer, that is, the competent working body, when they become an integral part of the proposal of the proposer or working body.
Article 157
Representatives of interested citizens can also participate in the work of the Assembly.
Citizens who are interested in having their representative participate in the work of the Assembly, in writing, submit a request to the President of the Assembly, at least seven days before the session, with information on the issues on which they are interested in participating in the work of the session and the representative who will represent them at the session of the Assembly their interests.
The President of the Assembly submits the request with the attached documentation to the working body responsible for the Statute and regulations.
The working body responsible for the Statute and regulations is obliged to consider the request with the attached documentation and inform the President of the Assembly about the merits of the request of interested citizens within three days from the date of submission of the request.
Based on the notification from the previous paragraph, the President of the Assembly decides on the participation of representatives of interested citizens in the session and sends an invitation to their representative to participate in the session, no later than three days before the session.
The President of the Assembly, when deciding on the participation of representatives of interested citizens in the session, takes into account the spatial possibilities and the need to ensure optimal conditions for the work of the Assembly session.
Article 158
Representatives of interested citizens participating in the work of the session can submit proposals and opinions no later than 2 days before the day of the session.
Proposals and opinions are submitted to the President of the Assembly, the President of the Municipality, another authorized proposer and the competent working body.
The Assembly does not decide on proposals and opinions, except when they are accepted by the proposer, that is, the competent working body, when they become an integral part of the proposal of the proposer or working body.
Article 159
At least once a year, the President of the Assembly organizes a working meeting with representatives of the non-governmental sector and local communities in order to review the achieved level of cooperation and determine proposals for improving cooperation.
XI SERVICE OF THE ASSEMBLY
Article 160
Professional and other tasks for the needs of the work of the Assembly, its working bodies, the President of the Assembly, clubs of councilors and councilors, non-governmental organizations and citizens who participate in the work of the session are performed by the Assembly Service in accordance with the Decision on the formation of the Assembly Service.
XII FINAL PROVISIONS
Article 161
These Regulations shall enter into force on the day of publication in the "Official Gazette of Montenegro - Municipal Regulations".
Article 161
With the entry into force of these Rules of Procedure, the Rules of Procedure of the Rožaje Municipality Assembly ("Official Gazette of Montenegro - Municipal Regulations", number 1/12) cease to be valid.
Number: 255
Rožaje, October 26, 2018
ASSEMBLY OF THE MUNICIPALITY OF ROŽAJE
President of the Assembly,
Almir Avdić, B.Sc. manager, sr