REGULATION NO. 2000/45

UNMIK/REG/2000/45

11 August 2000

 

 

ON SELF-GOVERNMENT OF MUNICIPALITIES IN KOSOVO

 

 

The Special Representative of the Secretary-General,

 

Pursuant to the authority given to him under United Nations Security Council resolution 1244  (1999) of 10 June 1999,

 

Taking into account United Nations Interim Administration Mission in Kosovo (UNMIK) Regulation No. 1999/1 of 25 July 1999, as amended, on the Authority of the Interim Administration in Kosovo and UNMIK Regulation No. 2000/1 of 14 January 2000 on the Kosovo Joint Interim Administrative Structure,

 

For the purpose of organizing and overseeing the development of provisional institutions for democratic and autonomous self-government in Kosovo pending a political determination of the future status of Kosovo,

 

Referring to the European Charter on Local Self-Government, and in particular to Article 3 which denotes the right and the ability of local authorities, within the limits of the law, to regulate and manage a substantial share of public affairs under their own responsibility and in the interests of the local population,

 

Taking into account the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Protocols thereto, the European Charter for Regional or Minority Languages, the Council of Europe’s Framework Convention for the Protection of National Minorities and the Convention on the Elimination of All Forms of Discrimination Against Women,

 

Hereby promulgates the following:

 

 

 

Chapter 1

General Provisions

 

Section 1

Provisional Institutions

 

1.1       Pending a determination of the future status of Kosovo, the present regulation, in accordance with United Nations Security Council resolution 1244, establishes provisional institutions for democratic and autonomous self-government at the municipal level as a step in the progressive transfer of administrative responsibilities from United Nations Interim Administration Mission in Kosovo (UNMIK), which will oversee and support the consolidation of these institutions.

 

1.2       The “Central Authority” in the present regulation means UNMIK acting under the authority of the Special Representative of the Secretary-General.

 

 

Section 2

Municipalities in Kosovo

 

2.1       The basic territorial unit of local self-government in Kosovo shall be the municipality, which shall exercise all powers not expressly reserved to the Central Authority.

 

2.2       Municipalities shall regulate and manage public affairs in their territory within the limits fixed by law and so as to ensure conditions for a peaceful and normal life for all inhabitants of Kosovo. They may attend to matters of general concern that are connected with the municipality and that are not to be attended to solely by the Central Authority or another body.

 

2.3       All organs and bodies of a municipality shall ensure that inhabitants of the municipality enjoy all rights and freedoms without distinction of any kind, such as race, ethnicity, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, and that they have fair and equal employment opportunities in municipality service at all levels. Municipalities shall give effect in their policies and practices to the need to promote coexistence between their inhabitants and to create appropriate conditions enabling all communities to express, preserve and develop their ethnic, cultural, religious and linguistic identities. In the present regulation, the term “communities” means communities of inhabitants belonging to the same ethnic or religious or linguistic group.

 

2.4       Each municipality shall have its own legal status, the right to own and manage property, the capacity to sue and be sued in the courts, the right to enter into contracts and the right to engage staff.

 

2.5       Changes in the boundaries of the municipalities may be made solely by the Central Authority and only after prior consultation with the municipalities concerned.

 

 

Section 3

Responsibilities and powers of Municipalities

 

3.1       Within its territory, each municipality shall be responsible for the following activities, within the laws regulating each activity:        

 

(a)          Providing basic local conditions for sustainable economic development;

 

(b)         Urban and rural planning and land use;

 

(c)          Licensing of building and other development;

 

(d)         Local environmental protection;

 

(e)          The implementation of building regulations and building control standards;

 

(f)           Service provision in relation to local public utilities and infrastructure including water supply, sewers and drains, sewage treatment, waste management, local roads, local transport and local heating schemes;

 

(g)          Public services including fire and emergency services;

 

(h)          Management of municipal property;

 

(i)            Pre-primary, primary and secondary education;

 

(j)           Primary health care;

 

(k)         Social services and housing;

 

(l)            Consumer protection and public health;

 

(m)        Licensing of services and facilities, including entertainment, food, markets, street vendors, local public transport and taxis, hunting and fishing and restaurants and hotels;

 

(n)          Fairs and markets;

 

(o)         Naming and renaming of roads, streets and other public places;

 

(p)         The provision and maintenance of public parks and open spaces and cemeteries; and

 

(q)         Such other activities as are necessary for the proper administration of the municipality and which are not assigned elsewhere by law.

 

3.2       In addition to the activities specified in section 3.1, municipalities may take action within their territories in relation to other matters of concern to the municipality. These may include the following activities:

 

(a)          Tourism;

 

(b)         Cultural activities;

 

(c)          Sports and leisure;

 

(d)         Youth activities;

 

(e)          Economic promotion; and

 

(f)           Civic promotion.

 

3.3       The municipality shall also be responsible for implementing Central Authority regulations including cadastre records, civil registries, voter registration and business registration. Commensurate resources shall be made available to the municipality by the Central Authority for these purposes.


3.4       The Central Authority may delegate additional responsibilities within the Central Authority’s competency to the municipality provided that commensurate resources are made available to the municipality.

 

3.5       The Central Authority may exercise administrative supervision over municipalities to ensure compliance with the law and the regulatory framework and the maintenance of recognised standards.

 

3.6       Except in relation to the matters specified in chapter 2, section 11.3, municipalities may make arrangements between themselves for the carrying out of any of their responsibilities and powers in co-operation with one another.

 

 

Section 4

Local municipal regulations

 

4.1       Municipalities may make local municipal regulations relating to matters within the competence of the municipality. The Statute of the municipality shall make provision for their adoption after public consultation and for their publication.

 

4.2       No local municipal regulation shall be valid if it is in conflict with the applicable law.

 

 

Section 5

Villages, Settlements and Urban Quarters

 

5.1       Each municipality shall make arrangements with villages, settlements and urban quarters within its territory to ensure that the needs of all inhabitants in the municipality are met.

 

5.2       With the approval of the municipality, villages, settlements and urban quarters, singly or in combination, may carry out activities that are within the responsibilities and powers of the municipality.  In this event, the villages, settlements and urban quarters shall receive commensurate resources from the municipality. Where approval has been withheld by the municipality, villages, settlements and urban quarters may apply to the Central Authority for approval to carry out such activities.

 

5.3       The Statute and local municipal regulations shall stipulate the form of co-operation between the municipality and villages, settlements and urban quarters and the scope of work and organization of villages, settlements and urban quarters. All villages, settlements and urban quarters shall comply with the applicable law when carrying out activities by arrangement with the municipality.

 

 

Section 6

Non-profit Organizations

 

6.1       A municipality may support the functioning of non-profit organisations, including associations of members of communities, if such organisations provide services within the general responsibility of the municipality.

 


6.2       A municipality may make arrangements with any such organisation for the provision of services by the organisation to the municipality. All such organisations shall comply with the applicable law when providing services to the municipality.

 

 

Section 7

Meetings and Documents

 

7.1       Subject to sections 7.3 and 7.4, members of the public, including press representatives, shall be admitted to all meetings of the Municipal Assembly and its committees.

 

7.2       Subject to section 7.3, any person may inspect any document held by the municipality.

 

7.3       The rights granted by sections 7.1 and 7.2 shall be withdrawn where their exercise might lead to public disorder or violence or where their exercise would result in the disclosure of:

 

(a)          Information provided by the Central Authority on a confidential basis;

 

(b)         Personally or commercially sensitive information; or

 

(c)          Information about actual or potential legal proceedings.

 

7.4       Committees of the Municipal Assembly may decide to exclude the public, including press representatives, from the whole or a part of a meeting whenever the nature of the matter to be discussed would result in publicity that would be prejudicial to the public interest.

 

7.5       The Statute may make provision for the public to participate in meetings.

 

 

Section 8

Public Meetings and Petitions

 

8.1       Each municipality shall hold periodically, at least twice a year, a public meeting at which any person or organisation with an interest in the municipality may participate. The date and place of the meeting shall be publicised at least two weeks in advance. At the meeting municipal representatives shall inform participants about the activities of the municipality and participants may ask questions and make proposals to the elected representatives of the municipality.

 

8.2       Any person or organisation with an interest in the municipality shall have the right to present a petition to the Municipal Assembly about any matter relating to the responsibilities and powers of the municipality. The Municipal Assembly shall consider the petition in accordance with its Statute and Rules of Procedure.

 

 


Section 9

Languages

 

9.1       Members of communities shall have the right to communicate in their own language with all municipal bodies and all municipal civil servants.

 

9.2       Meetings of the Municipal Assembly and its committees and public meetings shall be conducted in both the Albanian and Serbian languages. In municipalities where a community lives whose language is neither Albanian nor Serbian, the proceedings shall also be translated, when necessary, into the language of that community.

 

9.3       All official documents of a municipality shall be printed in both the Albanian and Serbian languages. In municipalities where a community lives whose language is neither Albanian nor Serbian, all official documents of the municipality shall also be made available in the language of that community.

 

9.4       Official signs indicating or including the names of cities, towns, villages, roads, streets and other public places shall give those names in both the Albanian and Serbian languages. In municipalities where a community lives whose language is neither Albanian nor Serbian, those names shall also be given in the language of that community.

 

9.5       The Statute of the municipality shall make detailed provisions for the use of languages of communities as set out in this section, taking into consideration the composition of communities in the municipality.

 

 

 

Chapter 2

The Municipal Assembly and its Committees

 

 

Section 10

Election of the Municipal Assembly

 

10.1     The highest representative body of the municipality shall be the Municipal Assembly and it shall be directly elected. The powers and duties of the municipality shall be exercised and performed solely by the Municipal Assembly and its organs, except where otherwise provided for under the present regulation.

 

 

10.2     The number of members of the Municipal Assembly of the municipalities shall be as follows:

 

 

Prishtinë/Priština                                   51

Podujevë/Podujevo                              41

Prizren/Prizren                                      41

Suharekë/Suva Reka                            41

Gjakovë/Đakovica                                41

Pejë/Peć                                               41

Mitrovicë/Mitrovica                              41

Gjilan/Gnjilane                                      41

Ferizaj/Uroševac                                  41

Malishevë/Mališevo                              31

Gllogovc/Glogovac                               31

Lipjan/Lipljan                                       31

Rahovec/Orahovac                               31

Deçan/Dečani                                       31

Istog/Istok                                            31

Klinë /Klina                                          31

Skenderaj/Srbica                                  31

Vushtrri/ Vučitrn                                   31

Kaçanik/Kačanik                                  31

Kamenicë/Kamenica                             31

Viti/Vitina                                             31

Fushë Kosovë/Kosovo Polje                21

Obiliq/Obilić                                         21

Shtime/Štimlje                                       21

Dragash/Dragaš                                    21

Leposaviq/Leposavić                            17

Zubin Potok/Zubin Potok                      17

Zveçan/Zvečan                                     17

Novobërdë/Novo Brdo                        17

Shtërpcë/Štrpce                                    17

 

 

10.3     The first term of office of members of the Municipal Assembly shall be two years. Thereafter each term of office of members of the Municipal Assembly shall be four years.

 

10.4     All members of the Municipal Assembly shall have fair and equal rights and opportunities to participate fully in the proceedings of the Assembly. The Municipal Assembly shall ensure that these rights and opportunities are provided in its Statute and Rules of Procedure.

 

 

Section 11

Functions of the Municipal Assembly

 

11.1     The Municipal Assembly shall adopt a Statute and may amend it when it considers it necessary to do so. The Statute shall regulate the implementation of the responsibilities of the municipality as established by the present regulation. A decision to adopt or amend the Statute must be approved by more than two-thirds of the members present and voting at the meeting at which the proposal is considered.

 

11.2     The Municipal Assembly shall adopt Rules of Procedure and may amend them when it considers it necessary to do so. The Rules of Procedure shall provide for the efficient management and control, including financial control, of the administration of the municipality. A decision to adopt or amend the Rules of Procedure must be approved by more than one half of the members present and voting at the meeting at which the proposal is considered.

 

11.3     The Municipal Assembly may not delegate its responsibility for decisions concerning:

 

(a)          The approval of the budget;

 

(b)         The approval of other financial matters that are reserved to the Assembly by the Statute or the Rules of Procedure;

 

(c)          The compensation to be paid to elected members;

 

(d)         The annual report;

 

(e)          The adoption, amendment or repeal of local municipal regulations;

 

(f)           The establishment of the committees required by the present regulation;

 

(g)          The election of the President and Deputy Presidents of the Municipality;

 

(h)          The appointment of the Chief Executive Officer;

 

(i)            The appointment of the Board of Directors;

 

(j)           The level of fees and charges;

 

(k)         The creation and use, in accordance with Central Authority regulations, of municipal symbols, decorations and honorary titles;

 

(l)            The naming and renaming of roads, streets and other public places; and

 

(m)        The making of arrangements pursuant to chapter 1, section 3.6.

 

11.4     The Municipal Assembly may delegate the power to make other decisions to a committee of the Municipal Assembly or to the President of the municipality or to the Chief Executive Officer. The Municipal Assembly may withdraw the delegation at any time. A delegated power may be further delegated within the authority given by the present regulation.

 

11.5     A decision to name or rename any road, street or other public place must be approved by more than two-thirds of the members of the Municipal Assembly.

 

 

Section 12

First Meeting and Members’ Oath or Declaration of Office

 

12.1     The Municipal Assembly shall hold its first inaugural meeting within fifteen days of the certification of the election results. The oldest representative of the Assembly shall chair each meeting until the President has taken the solemn oath or declaration.

 


12.2     The members of the Municipal Assembly shall each subscribe to a solemn oath or declaration of office. The form of the oath or declaration shall be as follows:

 

“I swear (or solemnly declare) that I will perform my duties and exercise my powers as a member of the Municipal Assembly of …… municipality honourably, faithfully, impartially, conscientiously and according to law, so as to ensure conditions for a peaceful life for all”.    

 

 

Section 13

Chairing

 

13.1     The Municipal Assembly shall elect the President of the municipality who shall call and chair the sessions of the Municipal Assembly. The Rules of Procedure shall regulate the way the Assembly sessions shall be called and chaired.

 

13.2     The Rules of Procedure shall also regulate who shall call and chair the Municipal Assembly sessions if the offices of President and Deputy President are both vacant or if both of them are unable to attend for whatever reason.

 

 

Section 14

Quorum and Decisions

 

14.1     The quorum for all meetings of the Municipal Assembly and its committees shall be one-half of the members entitled to be present and to vote at the meeting.

 

14.2     At all meetings of the Municipal Assembly and its committees, each member including the chairperson shall have one vote only, but the chairperson shall have an additional casting vote if an equal number of votes is cast for and against a proposal.

 

14.3     The Municipal Assembly and its committees shall make their decisions by open voting unless otherwise required by the present regulation.

 

14.4     Decisions of the Municipal Assembly and its committees shall be made by a simple majority of the members present and voting unless otherwise required by the present regulation.

 

 

Section 15

Sessions

 

15.1     The Municipal Assembly shall hold its sessions as often as required by the Rules of Procedure, but it must hold at least ten sessions in the municipal year.

 

15.2     Sessions of the Municipal Assembly may also be called by a quarter of the total number of elected members or by a committee of the Assembly.

 

15.3     At least seven working days prior to any session of the Municipal Assembly, or exceptionally three working days in a case of emergency, members of the Assembly shall be notified of the time, date and place of the meeting and of the agenda for the meeting. Public notice of these matters shall be given at the same time.

 

 

Section 16

Minutes

 

16.1     Minutes shall be taken of all meetings of the Municipal Assembly and its committees. The minutes shall contain the names of the members present and the invitees, the agenda, the essence of the discussion, the numerical result of the vote, and the proposals adopted or rejected. If there is a request for a recorded vote, the minutes shall also record how each member voted.

 

16.2     The minutes shall be kept by the Chief Executive Officer and approved at the next meeting. Any person may inspect the minutes and take a copy.

 

16.3     The chairperson and the Chief Executive Officer, or their deputies, shall sign the approved minutes. 

 

 

Section 17

Members’ Conflicts of Interest

 

17.1     A member of the Municipal Assembly or of a committee shall be excluded from the decision-making and administrative procedures relating to any matter in which he or she, or an immediate family member of his or hers, has a personal or financial interest.

 

17.2     Each member is required to disclose all conflicts of interest immediately they arise at any meeting at which the member is present. Any member may supply information about the interests of another member.

 

17.3     Members may voluntarily exclude themselves from decision-making and administrative procedures if they consider that they may have a conflict of interest.

 

17.4     Members of the Municipal Assembly shall not be employed in any supervisory position by the municipality.

 

17.5     Before the first meeting of the Municipal Assembly, members of the Assembly shall record a full and open statement of their financial interests in a public register to be kept by the Chief Executive Officer.  Members shall record any change in their financial interests as soon as it occurs.

 

17.6     The Statute and Rules of Procedure shall set out the measures to be taken to exclude members from the decision-making and administrative procedures where they have a conflict of interest.

 

 


Section 18

Additional powers of Members of the Municipal Assembly

 

A member of the Municipal Assembly may:

 

(a)          Request information concerning municipal matters from the President, Deputy President, Chief Executive Officer or the chairperson of a committee.  The request shall be dealt with in accordance with procedures to be set out in the Statute and Rules of Procedure;

 

(b)         Submit remarks in writing, which shall be attached to the minutes;

 

(c)          Address, but not vote at, meetings of any committee of the Municipal Assembly of which he or she is not a member.  He or she may propose to the chairperson of the committee that any matter which is the responsibility of the committee should be discussed; and

 

(d)         Request from the Directors information and administrative assistance reasonably necessary for his or her work as a member.  If he or she is dissatisfied with the response he or she may raise the issue with the Municipal Assembly.

 

 

Section 19

Employment and Compensation

 

19.1     Employers shall allow members of the Assembly to be absent from their workplaces for such periods as are reasonably necessary for Assembly business.

 

19.2     The Municipal Assembly may compensate members of the Assembly, including those members holding the offices of President and Deputy President, for their work for the municipality by an attendance fee, financial loss allowance or a lump sum in accordance with the Statute and guidelines issued by the Central Authority.

 

 

Section 20

Cessation of Office

 

20.1     A member of the Municipal Assembly who fails to subscribe to the oath or declaration of office within one month of election shall cease to be a member.

 

20.2     A member of the Municipal Assembly who has been convicted of a criminal offence and ordered to be imprisoned for six months or more shall cease to be a member. 

 

20.3     If a member of the Municipal Assembly fails throughout a period of six consecutive months to attend any meeting of the Municipal Assembly or its committees, he or she shall, unless the failure was due to a reason approved by the Municipal Assembly, cease to be a member.

 

20.4     If a member of the Municipal Assembly becomes ineligible for election to the Municipal Assembly he or she shall cease to be a member.

 

Section 21

The Committees

 

21.1     The Municipal Assembly shall appoint a Policy and Finance Committee, a Communities Committee and a Mediation Committee as required by the present regulation.

 

21.2     The Municipal Assembly may also appoint other committees and decide on their competency and activities.

 

21.3     The Municipal Assembly shall endeavour to ensure equitable gender balance on all committees.

 

21.4     Committees appointed under section 21.2 may co-opt members who are not members of the Municipal Assembly, but the majority of the members of the committee shall always be members of the Municipal Assembly.

 

21.5     The membership of each committee shall reflect as closely as possible the proportion of seats held by political parties and coalitions in the Municipal Assembly except where otherwise required by the present regulation.

 

21.6     The chairperson and the vice-chairperson of each committee shall be elected by and from the members of the committee, except where otherwise required by the present regulation.

 

21.7     Each committee shall decide when its meetings shall take place, in accordance with the Rules of Procedure.

 

21.8     A meeting of a committee shall be convened if the Chairperson of the committee deems it necessary or at the request in writing of at least one third of its members.

 

 

Section 22

Policy and Finance Committee

 

22.1     The Policy and Finance Committee shall be responsible for proposing the budget and formulating and researching the future strategic direction of the municipality.

 

22.2     The President of the Municipality shall be the chairperson of the Committee.

 

22.3     The chairpersons of the other committees shall be entitled to attend the Policy and Finance Committee meetings.

 

 

Section 23

Communities Committee, Mediation Committee and Community Office

 

23.1     The Municipal Assembly shall establish and maintain a Communities Committee and a Mediation Committee as standing committees.

 

23.2     The rights of the Communities Committee set out in this section shall be additional to the rights of a member of the Committee or a community or an inhabitant to refer a matter to the Ombudsperson or to a court of law.

 

23.3     The Statute shall regulate the procedures for appointing members of the Communities Committee and the Mediation Committee. The procedures shall ensure:

 

(a)          That membership of the Communities Committee includes both members of the Assembly and representatives of communities;

 

(b)         That each community residing in the municipality is represented by at least one member of the Communities Committee;

 

(c)          That the community that is in the majority in the municipality has less than one half of the membership of the Communities Committee and that the remaining membership of the Communities Committee fairly reflects the number of other communities in the municipality; and

 

(d)         That the Mediation Committee consists of equal numbers of:

 

(i)     members of the Municipal Assembly who are not members of the Communities Committee; and

 

(ii)    representatives in a fair proportion of communities in the municipality who do not belong to the community that is in the majority in the municipality.

 

23.4     The Communities Committee shall endeavour to ensure within the territory of the municipality that:

 

(a)          No person undertaking public duties or holding public office shall discriminate against any person on any ground such as language, religion, ethnic origin or association with a community;

 

(b)         All persons enjoy, on an equal basis, civil, political, economic, social and cultural rights, and fair and equal employment opportunities in municipality service at all levels; and

 

(c)          The municipal civil service reflects a fair proportion of qualified representatives of communities at all levels.

 

23.5     The Communities Committee shall promote the rights and interests of the communities living within the municipality, and further promote a society where a diversity of cultural, social and religious traditions is not only tolerated but also encouraged.

 

23.6     If the Communities Committee considers that action has been taken, or is proposed to be taken, by or on behalf of the Municipal Assembly, which has violated or may violate the rights of a community or a member of a community or which is or may be prejudicial to the interests of a community, it shall refer the matter immediately to the Mediation Committee.

 

23.7     The Mediation Committee shall examine all matters referred to it by the Communities Committee.  It shall carry out such investigations as are necessary to establish whether the rights of a community or a member of a community have been or would be violated or whether action which is or would be prejudicial to the interests of a community has been taken or proposed. It shall seek to resolve the matter by mediation.  The Mediation Committee shall within 28 days submit a report on each matter to the Municipal Assembly, with recommendations as to how it considers the matter should be dealt with.

 

23.8     The Municipal Assembly shall consider each report submitted to it by the Mediation Committee and shall decide what action, or further action, to take in relation to the matter. Its decision shall be in accordance with the law and with the principles set out in the present regulation, in particular those set out in chapter 1, section 2.3, in the present section 23 and in chapter 5, section 33.

 

23.9     If the Municipal Assembly fails to make a decision under section 23.8 within 21 days of the submission of the report of the Mediation Committee or if the Communities Committee is dissatisfied with the decision taken by the Municipal Assembly under section 23.8 it may refer the matter to the Central Authority for review.

 

23.10   When carrying out their duties and exercising their powers in chapter 1, section 5, municipalities shall take particular account of and provide for the needs of villages, settlements and urban quarters that are populated by communities which are not in the majority in the municipality.

 

23.11   A Community Office shall be established in those municipalities where a community that is not in the majority forms a substantial part of the population. Community Offices shall be temporary and shall exist only for so long as the Central Authority considers them to be necessary to comply with United Nations Security Council resolution 1244.

 

23.12   The Community Office shall be responsible for enhancing the protection of community rights and ensuring equal access for communities to public services at the municipal level.

 

23.13   The Community Office shall be an integral part of the municipality and of the municipal administrative structure. It shall be established by the municipality. Sub-offices shall be established if they are needed in order to provide secure and free access to public services.

 

23.14   The Head of the Community Office shall be an ex-officio member of the Board of Directors of the municipality. He or she shall submit a report to each meeting of the Communities Committee detailing the work carried out to meet the responsibilities of the Community Office.

 

23.15   The Central Authority shall regularly review the necessity for each Community Office and sub-office.

 

 

 


Chapter 3

President and Deputy Presidents of the Municipality

 

 

Section 24

Election of the President of the Municipality

 

24.1     The Municipal Assembly shall elect the President of the municipality from its members.

 

24.2     The President of the municipality shall be elected for the same term of office as the Assembly members. No person may serve more than two terms of office as the President of a municipality.

 

24.3     Voting in all elections for the President shall be by secret ballot.

 

24.4     To be elected on the first ballot, a candidate must receive more than two-thirds of the votes of the total number of elected members.

 

24.5     If no candidate obtains more than a two-thirds majority on the first ballot, a second election shall be held.

 

24.6     If no candidate obtains more than a two-thirds majority on the second ballot, the two candidates who received the most votes on the second ballot shall proceed to a third election.

 

24.7     In the third election, the candidate who receives the most votes shall be elected President.

 

 

Section 25

Deputy Presidents

 

25.1     The Municipal Assembly shall elect a Deputy President from its members, in order to assist the President’s work.  The election procedures shall be the same as those described in section 24 for the election of the President.

 

25.2     The Deputy President shall fulfil his or her duties in accordance with the Statute and Rules of Procedure. He or she shall be responsible to the President except if he or she is acting in the President’s absence, when he or she shall be responsible to the Municipal Assembly.

 

25.3     In municipalities where one or more communities live that are not in the majority, an additional Deputy President shall be appointed by the Municipal Assembly from these communities.

 

25.4     When the President is absent, the Deputy President appointed under section 25.1 shall assume all the President’s responsibilities and authority.

 

 


Section 26

Oath or Declaration of Office – President and Deputy Presidents

 

Upon election, the President and Deputy Presidents shall subscribe to a solemn oath or declaration of office before the members of the Municipal Assembly. The form of the oath or declaration shall be as follows:

 

“I swear (or solemnly declare) that I will perform my duties and exercise my powers as President/Deputy President of … municipality honourably, faithfully, impartially, conscientiously and according to law, so as to ensure conditions for a peaceful life for all”.

 

 

Section 27

Removal from Office and Vacancies

 

27.1     The President and Deputy Presidents may only be removed from office by a vote of more than two-thirds of the total number of elected members of the Municipal Assembly and only on the ground that they have failed properly to carry out the requirements of the present regulation. Voting shall be by secret ballot.

 

27.2     If the position of President or Deputy President becomes vacant, the Municipal Assembly shall elect a new President or Deputy President no later than thirty days after the vacancy arises. The election procedures described in sections 24 and 25 shall apply each time a vacancy arises.

 

 

Section 28

Responsibilities

 

28.1     The President of the municipality shall maintain general oversight of the execution of decisions taken by the Municipal Assembly and of the financial administration of the municipality.

 

28.2     Subject to the restrictions on the power to delegate contained in the present regulation, the President shall have such further responsibilities as are assigned to him or her by the Statute and the Rules of Procedure.

 

28.3     The President of the municipality shall carry out his or her duties with the assistance of the Deputy Presidents, the Chief Executive Officer and the Board of Directors.

 

 

Section 29

President and Deputy Presidents - Conflicts of Interest

 

In addition to the provisions of chapter 2, section 17, the President and Deputy Presidents shall as soon as possible after their election terminate any contract or association they have that may call into question their ability to carry out their responsibilities fairly and impartially.

 

 

Chapter 4

The Chief Executive Officer and the Board of Directors

 

 

Section 30

Chief Executive Officer

 

30.1     The Municipal Assembly shall, on the proposal of the President, appoint a Chief Executive Officer who has the qualifications prescribed by the Statute.

 

30.2     The Chief Executive Officer, acting under the overall authority of the Municipal Assembly and President, shall:

 

(a)          Act as secretary to the Municipal Assembly;

 

(b)         Be the chairperson of the Board of Directors;

 

(c)          Be responsible for the efficient management of the financial affairs of the municipality and the maintenance and implementation of effective financial procedures and controls, in accordance with the requirements of the Central Authority;

 

(d)         Carry out all responsibilities assigned to him or her by the Statute and the Rules of Procedure; and

 

(e)          Carry out all responsibilities assigned to him or her by the President or the Municipal Assembly.

 

30.3     The Chief Executive Officer or his appointee shall attend and may address all Municipal Assembly sessions and committee sessions.

 

30.4     The Chief Executive Officer shall as soon as practicable notify the Municipal Assembly and the President of any action taken or proposed to be taken that may be contrary to law or to budgetary procedures, financial regulations or procurement rules or which is not in accordance with the Statute or the Rules of Procedure.

 

30.5     The Chief Executive Officer shall be the chief of staff. The appointment, conditions of service and dismissal of all employees of the municipality, except members of the Board of Directors, shall be under his or her management.

 

30.6     The Municipal Assembly shall resolve any conflict between the President and the Chief Executive Officer.

 

30.7     If the post of Chief Executive Officer becomes vacant, the Municipal Assembly shall within three months appoint another Chief Executive Officer who meets the qualifications prescribed by the Statute.

 

30.8     The Chief Executive Officer may only be dismissed by the Municipal Assembly and only on the ground that he or she has failed properly to carry out his or her responsibilities.

 

 

Section 31

Board of Directors

 

31.1     The Municipal Assembly shall appoint a Board of Directors, which shall comprise the heads of the municipal departments and the Head of the Community Office. The Statute shall specify the number of Directors, the duties and responsibilities of each Director, the qualifications required for appointment and the appointment procedures.

 

31.2     The Board of Directors shall:

 

(a)          Assist the Municipal Assembly and its committees by providing all necessary information and reports for the decision-making process;

 

(b)         Assist the President and the Chief Executive Officer; and

 

(c)          Implement all decisions of the municipality.

 

 

31.3     If a vacancy occurs on the Board of Directors, the Municipal Assembly shall within three months fill the vacancy by appointing another Director who meets the qualifications prescribed by the Statute.

 

31.4     A Director may only be dismissed by the Municipal Assembly and only on the ground that he or she has failed properly to carry out his or her responsibilities or the post is no longer needed. 

 

 

Section 32

Conflicts of Interest – Chief Executive Officer and Board of Directors

 

32.1     The Chief Executive Officer shall be excluded from the decision-making and administrative procedures relating to any matter in which he or she, or an immediate family member of his or hers, has a personal or financial interest.

 

32.2     A Director shall be excluded from the decision-making and administrative procedures relating to any matter in which he or she, or an immediate family member of his or hers, has a personal or financial interest.

 

32.3     The Chief Executive Officer and the Directors are required to disclose all conflicts of interest in writing in a register to be kept by the President.

 

32.4     The Statute and Rules of Procedure shall set out the measures to be taken to exclude the Chief Executive Officer and Directors from the decision-making and administrative procedures where they have a conflict of interest.

 

 

 


Chapter 5

Execution of Municipal Affairs

 

 

Section 33

Principle of Legality

 

Law and justice shall bind the administration of the municipality, and in particular the human rights and freedoms contained in the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Protocols thereto shall be observed. All administrative actions shall comply with the applicable law.

 

 

Section 34

Municipal Civil Service

 

34.1     The Chief Executive Officer, the Board of Directors and the administrative staff shall form the municipal civil service.

 

34.2     The conditions of municipal civil service shall be such as to permit the recruitment of high-quality staff on the basis of merit and competence.

 

34.3     All municipal civil servants shall carry out their tasks impartially and justly respecting and acting in accordance with the applicable law.

 

34.4     All municipal civil servants shall carry out the instructions of their superiors and follow their directives unless the instruction given is contrary to law or counter to human rights and freedoms or the rights of communities.

 

34.5     The municipal service shall reflect a fair proportion of qualified representatives of communities at all levels.

 

34.6     All municipal civil servants are required to disclose all conflicts of interest in writing in a register to be kept by the Chief Executive Officer.

 

34.7     The Chief Executive Officer, a member of the Board of Directors or a director, departmental, office or section head may not be a member of the Municipal Assembly in the municipality that employs them.

 

 

 

Chapter 6

Complaints and Judicial Protection

 

 

Section 35

Complaints

 

35.1     A person may file a complaint about an administrative decision of a municipality if he or she claims that his or her rights have been infringed by the decision. Complaints must be submitted in writing to the Chief Executive Officer or made in person at the office of the Chief Executive Officer within the period of one month from the complainant being notified of the decision.

 

35.2     The Chief Executive Officer shall re-examine both the legality of the decision and the administrative process by which it was reached. He or she shall give the complainant a reasoned response in writing within one month of the receipt of the complaint.

 

35.3     If the complainant is dissatisfied with the response of the Chief Executive Officer, the complainant may refer the matter to the Central Authority, which shall consider the complaint and decide upon the legality of the decision.

 

35.4     The Central Authority shall make its decision within one month of the complaint being referred to it. The decision must be reasoned and communicated in writing to the complainant and the Chief Executive Officer.

 

35.5     If the complaint relates to a decision taken by or on behalf of the Chief Executive Officer, it shall be referred to the President and sections 35.2, 35.3 and 35.4 shall apply with the substitution of the word “President” for the words “Chief Executive Officer”.

 

35.6     No administrative decision shall be modified to the disadvantage of the complainant as a consequence of the complaint.

 

35.7     The rights set out in this section shall be additional to any rights that the person may have to refer an administrative decision to the Ombudsperson or to a court of law.

 

 

Section 36

Judicial Protection of the Law

 

A person may seek relief in a court of law against decisions of a municipality, in accordance with the rules and procedures of the relevant court.

 

 

Chapter 7

Financial Administration

 

 

Section 37

General Principles

 

37.1     The municipality’s budget shall be balanced, prepared in a transparent manner and based on objective criteria.

 

37.2     The budget shall contain a plan for activities and economic management during the fiscal year, and shall include all revenue estimates, capital expenditure and current expenditure of the municipality. It shall allocate the funds available to meet the expenditure requirements of the municipality.

 

37.3     The Statute and Rules of Procedure shall set out budgetary procedures, financial regulations and procurement rules that meet the criteria prescribed by the Central Authority.

 

Section 38

Funding From the Central Authority

 

38.1     Financial transfers shall be made to the municipality by the Central Authority based on objective criteria, including an assessment of the financial needs and resources of each municipality and the spending priorities established by the Central Authority.

 

38.2     Part of the financial transfers may be designated for specific activities identified in chapter 1, section 3.  Part of the financial transfers shall be undesignated.

 

38.3     The municipality shall be notified of the amount of the financial transfers for the forthcoming fiscal year in accordance with procedures established by the Central Authority.

 

 

Section 39

Municipal Revenue

 

A municipality may raise revenue, in accordance with the laws and instructions of the Central Authority regulating each of these matters, by:

 

(a)          Licenses and fees assessed and levied by the municipality;

 

(b)         Income from municipal assets; and

 

(c)          Fines or a proportion of fines.

 

 

Section 40

Public Utilities Provided by Municipal Enterprises

 

40.1     Where local public utilities are provided by municipal enterprises the enterprises shall submit their budgets to the Municipal Assembly for approval. The budget proposals shall include a proposed tariff structure for the provision of services and shall be submitted before 1 December in the year before the next fiscal year.

 

40.2     Where an enterprise provides local public utilities for more than one municipality, arrangements shall be made by the municipalities concerned for the joint oversight of the activities of the enterprise.

 

 

Section 41

Adoption of the Budget

 

The municipal fiscal year shall commence on 1 January. The Policy and Finance Committee shall submit the budget to the Municipal Assembly for adoption as soon as practicable after notification of the amount of the financial transfers for the forthcoming year. 

 

 


Section 42

Annual Report

 

The municipality shall publish an annual report after each municipal fiscal year. The report shall be presented to the Municipal Assembly for approval no later than 30 May in the following year. It shall summarize the objectives of the municipality in relation to each of the activities for which it is responsible and shall assess its performance in relation to those objectives in the fiscal year. It shall explain how each of the activities have been funded and shall set out the financial position of the municipality at the end of that fiscal year. It shall contain audited financial statements. These requirements shall extend to the activities conducted by municipal enterprises, the support given to non-profit organizations and the arrangements made with villages, settlements and urban quarters.

 

 

Section 43

Independent Audit

 

43.1     The Central Authority shall appoint an independent auditor to audit the financial statements of each municipality.

 

43.2     The auditor shall have access to all financial statements, books or papers and other documents, and may call for all information, which he or she requires for the purposes of the audit.

 

43.3     The auditor shall audit the financial statements of the municipal enterprises.

 

43.4     The auditor shall inspect the financial statements of all organizations receiving grants-in-aid from the municipality.

 

43.5     A member of the public may make representations to the auditor about the financial statements and other financial affairs of the municipality and the auditor may investigate any such representations.

 

43.6     The auditor shall submit a written report to the Municipal Assembly in relation to each audit and the Municipal Assembly shall decide upon the action to be taken in respect of each recommendation contained in the report. The Assembly shall not reject any recommendation without sufficient reason and the reason shall be recorded in the minutes of the meeting.

 

43.7     Each auditor’s report shall be made public.

 

 

 


Chapter 8

Property of the Municipality

 

 

Section 44

Land and Buildings

 

44.1     The Chief Executive Officer shall ensure that a record is prepared and maintained of all land and buildings owned or occupied by the municipality.

 

44.2     A municipality shall not sell or lease for more than ten years land or buildings without approval of the Central Authority.

 

 

Section 45

Moveable Assets

 

The Chief Executive Officer shall ensure that a sufficient inventory is prepared and maintained of all moveable assets held by the municipality.

 

 

 

Chapter 9

Special Provisions

 

 

Section 46

Transfer of Authority to Municipalities

 

46.1     Until the adoption of its Statute and Rules of Procedure, a municipality shall be administered in accordance with UNMIK Regulation No. 1999/14 of 21 October 1999 on the Appointment of Regional and Municipal Administrators, and section 8 of UNMIK Regulation No. 2000/1 of 14 January 2000 on the Kosovo Joint Interim Administrative Structure, with such amendments as are necessary to enable the Statute and Rules of Procedure to be adopted in accordance with the present regulation.

 

46.2     Responsibility for financial administration shall not be transferred to a municipality until the independent auditor has certified that adequate budgetary and financial management systems are in place and that the municipal civil service has the capacity and capability to implement effective financial procedures and controls. Until such time, the financial management procedures established by UNMIK shall remain in force.

 

 

Section 47

Powers of the Special Representative of the Secretary-General

 

47.1     The Special Representative of the Secretary-General shall retain in full the authority given to him pursuant to United Nations Security Council resolution 1244. He shall retain the final decision-making authority concerning any provisions of the present regulation.

 

47.2     The Special Representative of the Secretary-General shall set aside any decision of a municipality, which he considers to be in conflict with United Nations Security Council resolution 1244 or the applicable law or which does not take sufficiently into account the rights and interests of the communities which are not in the majority in the territory of the municipality.

 

47.3     The Special Representative of the Secretary-General may co-opt additional members to the Municipal Assembly if he considers it necessary to do so in order to ensure representation of all communities pursuant to United Nations Security Council resolution 1244.

 

47.4     The Special Representative of the Secretary-General may, exceptionally, remove a member of a Municipal Assembly from office who seriously misconducts himself or herself in the exercise of his or her duties as a member. A member who is dismissed from office may ask the Ombudsperson to review the decision.

 

47.5     If the Special Representative of the Secretary-General considers that a Municipal Assembly is persistently taking action that would fail to ensure conditions for a peaceful and normal life for all inhabitants of Kosovo, contrary to United Nations Security Council resolution 1244, he may dissolve the Assembly and direct that new elections shall take place.

 

47.6     The Statute and Rules of Procedure of each municipality shall be adopted in accordance with procedures for consultation, publicity and approval set out in Administrative Directions to be issued by the Special Representative of the Secretary-General.

 

47.7     The Special Representative of the Secretary-General may, on his initiative or upon the request of a village, settlement or urban quarter, take such measures as he deems necessary to ensure that the needs of the village, settlement or urban quarter are adequately addressed.

 

47.8     The Special Representative of the Secretary-General may issue Administrative Directions to municipalities concerning the management of municipal budgets, the administration of municipal finances, standing orders and procedures.

 

47.9     The Special Representative of the Secretary-General shall assist the municipalities in the establishment of core financial management capabilities and systems.

 

47.10   A member of the municipal civil service may be dismissed by the Special Representative of the Secretary-General on the ground that he or she has failed to carry out his or her tasks impartially and justly respecting and acting in accordance with the applicable law.

 

 

Section 48

Powers and Duties of the Municipal Administrator

 

48.1     The Municipal Administrator shall intervene so as to ensure that municipal decisions are in compliance with United Nations Security Council resolution 1244 and the applicable law.

 

48.2     The Municipal Administrator shall intervene so as to ensure that fundamental principles of human rights and equal treatment are respected and that the rights and interests of communities are protected.

 

48.3     The Municipal Administrator shall have the right to suspend and refer to the Special Representative of the Secretary-General any decision he considers to be in conflict with United Nations Security Council resolution 1244 or the applicable law.

 

48.4     The Municipal Administrator in cooperation with the Special Representative of the Secretary-General shall assist the municipality in creating local conditions for the return of internally displaced persons and refugees to their municipalities of origin.

 

48.5     The Municipal Administrator shall assist the municipality in the physical reconstruction of the municipality, in initiating peace-building activities and reconciliation programs and activities and in promoting sustainable local economic development.

 

48.6     The Municipal Administrator shall call the inaugural meeting of the Municipal Assembly. It shall be held within fifteen days of the publication of the final election results by the Central Election Commission.

 

48.7     Until the President has been elected, the Municipal Administrator shall call all meetings of the Municipal Assembly and act as President of the Municipality.

 

48.8     The Municipal Administrator shall arrange for the orderly and progressive transfer of appropriate authority from the former bodies to the Municipal Assembly. He or she may make such arrangements as are necessary for the carrying out of activities jointly by two or more municipalities and for the co-ordination of activities carried out by UNMIK and the municipalities.

 

48.9     The Municipal Administrator shall have the right to attend and address any meetings of the Municipal Assembly and its committees and of the Board of Directors.

 

48.10   If the Municipal Administrator deems that there has been major malfunctioning of procedures, he or she shall have the right to convene meetings of the Municipal Assembly and its committees and of the Board of Directors to consider the matter. 

 

48.11   The Municipal Administrator shall have the right to request and obtain any information from all organs of the municipality and from the municipal civil service.

 

48.12   The Municipal Administrator shall approve the appointments and dismissals of senior staff and supervise all other appointments in order to ensure that they reflect a fair proportion of qualified representatives of communities.

 

48.13   The Municipal Administrator shall approve the budget and ensure that financial resources are spent in conformity with the budget, that all financial decisions are made in a financially sound and transparent manner and that all financial transactions are properly recorded. Decisions to approve or amend the budget shall not enter into force without the co-signature of the Municipal Administrator.

 

48.14   The Municipal Administrator shall continue to be responsible for the administration of municipal property within the municipality until property rights are defined according to the applicable law.

 

 

Section 49

Communities Committee, Mediation Committee and Community Office

 

49.1     The Municipal Administrator may appoint members of the Communities Committee and of the Mediation Committee who are not members of the Municipal Assembly.

 

49.2     The Municipal Administrator may appoint the Head of the Community Office and the staff of the Community Office and may establish sub-offices of the Community Office.

 

49.3     The right of the Communities Committee, set out in chapter 2, section 23.9, to refer a decision to the Central Authority shall be dealt with in accordance with procedures to be established by the Special Representative of the Secretary-General.

 

 

Section 50

Term of Office of the President

 

A person may be elected to serve two terms of office as the President of a municipality in addition to the first term of office.

 

 

Section 51

Appointment of the Board of Directors

 

The President shall, with the approval of the Municipal Administrator, propose the members of the first Board of Directors. The appointments shall be submitted to the Municipal Assembly for approval as a package.

 

 

Section 52

Appointments to the Municipal Civil Service

 

Municipalities have appointed the municipal civil service according to a formal recruitment procedure prior to the elections. The elections constitute no cause for reconsidering these appointments.

 

 

Section 53

Interpretation

 

The provisions of chapters 1 to 8 of the present regulation shall have effect subject to the provisions of chapter 9. Where there is a conflict between any provision in chapters 1 to 8 and any provision in chapter 9, the provision in chapter 9 shall prevail.

 

 


Chapter 10

International Security Presence

 

Nothing in the present regulation shall affect the authority of the Commander of the Kosovo Force (KFOR) to fulfil all aspects of KFOR’s mandate under United Nations Security Council resolution 1244.

 

 

 

Chapter 11

Implementation

 

The Special Representative of the Secretary-General may issue administrative directions in connection with the implementation of the present regulation.

 

 

 

Chapter 12

Applicable Law

 

The present regulation shall supersede any provision in the applicable law which is inconsistent with it.

 

 

 

Chapter 13

Entry into Force

 

The present regulation shall enter into force on 11 August 2000.

 

 

 

Bernard Kouchner

Special Representative of the Secretary-General