Official translation
REPUBLIC OF LITHUANIA
LAW
ON LOCAL SELF-GOVERNMENT
7 July 1994 No. I-533
Vilnius
(Last amended on 26 June 2007 No. X-1221)
CHAPTER ONE
GENERAL PROVISIONS
Article 1. Purpose of the Law
The purpose of this Law - to promote and develop local self-government as the foundations of the development of a democratic State.
Article 2. Objective of the Law
1. This Law shall lay down the procedure of formation and activities of local authorities when implementing the provisions of the Constitution of the Republic of Lithuania and the European Charter of Local Self-government, define the principles of local self-government, local authorities, their powers and functions, the status of a municipal councillor, the grounds of economic and financial activities of municipalities.
Article 3. Definitions
1. “Municipality” means an administrative unit of the territory of the State, which has the status of a legal person and the right to self-governance guaranteed by the Constitution of the Republic of Lithuania and implemented via a municipal council.
2. “Local self-government” means the right of an administrative unit of the territory of the State - a municipality - to freely and independently manage affairs in accordance with the Constitution and laws of the Republic of Lithuania through a municipal council composed of representatives directly elected by the permanent residents of a administrative unit, as well as through executive institutions formed by a municipal council.
3. “Local authorities” means a representative institution, that is a municipal council and an executive institution, that is a director of the municipal administration, having the rights and duties related to local government and public administration. Local authorities are responsible for the implementation of the right to self-governance and their functions in the interests of community.
4. “Municipal control and audit institution” means a municipal controller (the municipal controller’s service) who/which supervises whether the municipal property is managed and used in a legal, effective, economical and efficient manner, as well as the implementation of a municipal budget.
5. “Centralised service of internal audit of a municipality” means a structural unit of the municipal administration, set up to perform an audit in the municipal administration, administrating entities of a municipality and undertakings controlled by a municipality which manage, use municipal property and disposes of it; the service shall be directly subordinate and accountable to the director of the municipal administration.
6. “Undertakings controlled by a municipality” means municipal undertakings operating in accordance with the Law on State and Municipal Undertakings, as well as public companies the shares whereof, giving more than ½ of votes at a general meeting of shareholders, belong to a municipality by the right of ownership.
7. “Administrating entities of a municipality” means local authorities and establishments subordinate to them, as well as other entities that have the powers delegated to them by legal acts, carry out the functions of administration and are responsible for the implementation of such functions.
8. “Functions of municipalities” means functions related to public administration and provision of public services attributed to municipalities by this and other laws.
Article 4. Principles of Local Self-government
Local self-government shall be based on the following main principles:
1) accountability to voters. Members of a municipal council (hereinafter referred to as “councillors”) shall be responsible and accountable to voters for their activities;
2) participation of the population in the management of public affairs of a municipality. Local authorities shall provide conditions for the population to directly participate in preparing and debating draft decisions, organising polls, meetings, assemblies, public consideration of petitions, as well as promote other forms of civic initiatives. Local authorities shall implement principles of self-governance in educational, cultural and other establishments, support initiatives of associations related to the management of public affairs of a municipality;
4) freedom and independence of the activities of local authorities when they, while implementing laws, other legal acts and obligations to the community, take decisions;
5) transparency of activities. Activities of local authorities and other public administration entities of a municipality must be transparent and easily understandable to the population who express interest in such activities, they shall be provided with possibilities to receive explanations what and why is done;
6) adjustment of interests of the community and individual residents of a municipality. Decisions taken by local authorities with respect to the interests of the community may not violate individual residents’ rights guaranteed by the law;
7) publicity and response to residents’ opinion. The population or their representatives shall be entitled to get access to decisions taken by local authorities, to receive public and justified answers to expressed opinion on work done by local authorities and other public administration entities of a municipality, as well as individual civil servants. Activities public administration entities of a municipality may be secret or confidential only in cases specified by the law;
8) lawfulness of the activities of a municipality and decisions taken by local authorities. Activities of local authorities and other public administration entities of a municipality, as well as decisions taken on all the issues related to their activities must meet the requirements of laws and other legal acts;
Article 5. Functions of Municipalities
1. According to discretion to take decisions, the functions of municipalities shall be divided as follows:
1) independent. Municipalities shall exercise such functions in accordance with the competence granted by the law, obligations to its community and for the interests thereof. When implementing the said functions, a municipality shall have the freedom of initiative of decisions, their adoption and enforcement, and shall be responsible for the fulfilment of the said functions;
2) assigned (of limited independence). When implementing this and other laws, as well as other legal acts taken on the basis thereof, municipalities shall exercise such functions taking into consideration local conditions and circumstances;
3) State (delegated to municipalities). These shall be State functions delegated to a municipality, taking into consideration interests of the local population. The said functions shall be delegated by the law and implemented in compliance with legal acts. When implementing the said functions, municipalities shall have the freedom of adoption of decisions, as prescribed by the law;
2. Functions of municipalities shall, in accordance with their type, be divided into local government, public administration and public service provision functions. Local government functions shall be exercised by the municipal council in the manner prescribed by the law. Public administration functions shall, in the manner prescribed by the law, be exercised by the municipal council, the director of the municipal administration, other heads of municipal establishments and services, civil servants who are granted the rights of public administration in the territory of a municipality by legal acts or decisions of the municipal council. Public services shall be provided by service providers established by municipalities or other legal and natural persons under contracts concluded with municipalities, who are chosen pursuant to tendering procedure.
Article 6. Independent Functions of Municipalities
The following independent functions shall be established:
3) additional education, involvement in after school activities and vocational training of children and youth;
6) founding, maintenance of establishments of social services, foster families, and co-operation with public organisations;
8) organisation of people’s employment, acquiring of qualification and re-qualifying, public and seasonal works;
9) participation in ensuring public order and peace (creation and implementation of local programmes on crime control and prevention, requesting the services of police establishments operating within the territory of a municipality, as well as including public organisations and residents in the said activities);
12) establishment of territories protected by a municipality, declaring objects of nature and cultural heritage of local significance the objects protected by the municipality;
Article 7. Assigned Functions (of Limited Independence) of Municipalities
Assigned functions (of limited independence) of municipalities shall be as follows:
2) organisation of transportation to schools and to places of residence of pupils of rural schools of general education, who live far from schools;
3) ensuring of education of children under 16 years of age who live within the territory of a municipality, at schools of general education or other schools within the education system;
5) creation of conditions of social integration into the community of the disabled (invalids, persons with total disability);
8) control of compliance with the prohibition or restriction of alcohol and tobacco advertising on exterior means of advertising;
9) territory planning, implementation of solutions of a general plan and detailed plans of the territory of a municipality;
10) cultivation of general culture and fostering of ethnoculture of the population (participation in culture development projects, establishment, reorganisation, transformation, liquidation of museums, theatres and other cultural institutions as well as supervision of their activities, establishment, reorganisation, transformation of public municipal libraries as well as supervision of their activities);
11) establishing, in the manner prescribed by the law, of urban planning requirements for architecture of a construction works and putting of a construction plot in order in the set of construction works designing conditions;
12) maintenance and protection of the landscape, immovable cultural values and protected areas established by a municipality;
13) supervision of the use of construction works, issuance of a set of construction works designing conditions and permits to build in the manner prescribed by the law;
14) planning of the infrastructure, social and economic development, preparation of programmes related to the development of tourism, housing, small and medium undertakings;
15) management, use and disposal of the land and other property which belong to a municipality by the right of ownership;
16) organisation of heating and drinking water supply, as well as wastewater collecting and treatment;
19) approval of sanitary and hygiene rules and organisation of the control over compliance with the said rules, ensuring of cleanliness and tidiness in public places;
20) development of municipal waste management, organisation of secondary raw materials collecting and processing, as well as establishment and exploitation of waste dumps;
21) maintenance, repairing, surfacing of roads and streets of local significance, as well as ensuring of traffic safety conditions;
22) organisation of transportation of passengers by local routes, calculation and payment of compensations for preferential transportation of passengers;
23) provision and change of addresses (names of streets, buildings, construction works and other objects located within the territory of a municipality and belonging to it by the right of ownership, numbers of buildings and residential houses as well as flats);
26) establishment of the procedure for rendering trade and other services in marketplaces and public places;
Article 8. State (Delegated to Municipalities) Functions
State (delegated to municipalities) functions shall be as follows:
7) administration of free-of-charge meal provision for pupils at schools established by a municipality and schools not belonging to the State which were established within the territory of a municipality, as well as administration of provision with pupil supplies for pupils from low-income families, who have declared the place of residence or reside within the territory of a municipality;
9) management, use and hold in trust of the State land and other State property assigned to a municipality;
10) consideration of citizens’ requests to restore ownership rights to dwelling houses, their parts, flats, buildings used for economic and commercial purposes, as well as adoption of decisions on the restoration of ownership rights;
11) execution of State guarantees for tenants moving out from dwelling houses or their parts and flats, which are returned to owners;
18) participation in preparing and implementing labour market policy measures and employment programmes;
19) participation in the organisation of elections of the President of the Republic, elections to the Seimas and to municipal councils;
28) registration and technical maintenance of tractors, self-propelled and agricultural machines and their trailers;
29) co-ordination of agricultural issues, organisation and implementation of rural development and support for agriculture and rural development in the manner prescribed by the Government or an institution authorised by it;
31) processing of data related to declaration of a place of residence and accountancy data of persons who do not have a place of residence;
34) gathering, storing and provision to the European Commission in the manner prescribed by the Government of the information about financial relations of local authorities and undertakings controlled by a municipality which meet the criteria set by the Government, as well as about undertakings which must maintain separate accounts.
Article 9. Contractual Functions of Municipalities
1. Municipalities may exercise other State functions (public administration and public service rendering), which are not provided for in this Law, under contracts concluded with State institutions or establishments. A municipality may conclude such contracts only in the event that the municipal council gives its consent. Contracts shall be concluded and executed in compliance with the provisions of the Civil Code and other laws. Usually, contractual functions shall be short-term or seasonal.
Article 10. Basic Provisions of Rendering Public Services
3. A municipality shall organise the rendering of public services through existing providers of public services (budgetary and public establishments, municipal undertakings, companies and other entities), by establishing new providers of public services (public and other establishments and undertakings) or by concluding public service rendering contracts with natural and legal persons.
4. When rendering public services to residents of a municipality, providers must act in compliance with laws, decisions of local authorities and other legal acts.
5. Municipalities shall establish new providers of public services only in cases when other providers are not rendering public services or cannot render the said services to residents economically and of good quality.
6. When establishing new providers of public services, a municipality must seek that public services which are rendered for payment, would be economically rational and that a fix payment for them would cover the expenses of rendering of such services and other expenses of the provider related to the rendering thereof, but that the rendering of such services would not turn into profit-seeking activities.
Article 11. General Provisions
2. Legal acts adopted by the municipal council may be suspended, amended or repealed by the municipal council itself. Legal acts adopted by other public administration entities of a municipality may be suspended or repealed by the municipal council within its remit. The director of the municipal administration or other public administration entities of a municipality may suspend, amend or repeal their adopted regulations by which laws are implemented and Government resolutions or other legal acts (by which state functions (delegated to municipalities) are fulfilled) are carried. If public administration entities of a municipality do not repeal disputable regulations within the time limits fixed by law, or adopt new regulations, which contradict the Constitution or laws, the representative of the Government shall appeal the validity of the said regulations in accordance with the procedure laid down by the Law on Administrative Proceedings.
3. Any municipal institution specified in paragraph 2 of this Article, upon having repealed a statutory administrative legal act of another administrating entity of a municipality, shall, when necessary, refer the issue for a new consideration to the same administrating entity whose act has been repealed, or it shall consider such issue anew and adopt a statutory administrative legal act on this issue, or it shall recognise that adoption of such an act is not necessary.
Article 12. Municipal Council
1. The municipal council shall consist of the representatives of the community of a municipality who are democratically elected in the manner prescribed by the law.
2. Procedure and form of the activities of the municipal council shall be established by this Law and the rules of conduct of the municipal council.
3. The powers of the municipal council shall start when the elected councillors gather to the first sitting, and shall expire when councillors elected for a new term of office gather to the first sitting.
4. A municipal mayor must be elected, deputy (deputies) of the mayor and the director of the municipal administration must be appointed, and a municipal council board must be set up, if so decided.
5. If the election results of a newly elected municipal council are deemed invalid, the powers of the existing municipal council shall last until the first sitting of the municipal council which shall be elected during a run-off election, or until introduction of temporary direct rule into the territory of the municipality.
6. When temporary direct rule is introduced on the territory of a municipality, the municipal council shall lose its powers or the powers of the municipal council shall be suspend during temporary direct rule, if the municipal council is unable to exercise its powers due to the circumstances related to introduction of a state of emergency within the territory of a municipality.
Article 13. Forms of the Activities of the Council
1. The municipal council shall exercise its powers collegially at sittings of the municipal council. Issues for sittings of the municipal council shall be prepared by the committees of the municipal council (hereinafter referred to as “committees”) and commissions at their sittings, factions and groups of the councillors at meetings, as well as the administration of a municipality. The municipal council shall take decisions on the issues under consideration and control their implementation.
2. The municipal council must at least once a year present in the manner prescribed by the council’s rules of conduct, to the residents of a municipality a public report on the work done. On behalf of the municipal council the mayor shall present the said report.
Article 14. Municipal Council Sittings
1. A municipal council sitting shall be considered lawful if the majority of the elected councillors are present.
2. The first sitting of a newly elected municipal council shall be convened by the chairman of the constituency electoral committee not earlier than on the last day of office of the previous council and not later than 7 calendar days following the last day of office of the previous council, which is set in compliance with Article 119 of the Constitution of the Republic of Lithuania, and if the elections have been held in a newly established municipality or the municipality in which direct rule was introduced or run-off elections were held in the case provided for in Article 85 of the Law on Elections to Municipal Councils – not later than within two weeks of the proclamation of election results. This sitting shall be presided over by the chairman of the constituency electoral committee. The time and place of the first sitting shall, not later than 14 days in advance, be announced via the mass media by the chairman of the constituency electoral committee. If the chairman of the constituency electoral committee does not convene the first sitting of a newly elected municipal council before the end of expiry of the time limit fixed in this paragraph, councillors of a newly elected municipal council shall gather on their own on the next day after the expiry of the said time limit. In this case, a sitting shall be presided over by the eldest councillor.
3. The first and other sittings of a newly elected municipal council shall be presided over by the persons referred to in paragraph 2 of this Article, until a municipal mayor is elected. Two following issues shall be considered at the first sitting of a newly elected municipal council:
1) taking of a decision regarding the dismissal of director of the municipal administration (deputy director of the municipal administration) because of the expiration of his term of office, and assignment for him to hold office until a director of the municipal administration (deputy director of the municipal administration) is appointed for a new term of office;
2) election of municipal mayor, possible appointment of deputy mayor (deputy mayors) and director of the municipal administration. In the event of failure to elect mayor during the first sitting, the municipal council shall take a decision on the date of the next sitting. It must be convened not later than within 5 calendar days after the first sitting, and it shall be also presided over by the chairman of the constituency electoral committee.
4. Subsequent municipal council sittings shall, at least every 3 months, be convened by the mayor and in case of his absence - the deputy mayor. Sittings shall be presided over by the mayor and in case of his absence - by the deputy mayor. The mayor and in case of his absence - the deputy mayor must convene a sitting on the written demand of at least one-third of the elected councillors who submit issues subject to consideration and drafts of their solutions, not later than within two weeks of the receipt of the demand of the councillors. If the mayor or his deputy does not convene a sitting within a fixed period of time, it may be convened by at least one-third of the elected councillors. If the mayor or his deputy does not attend a sitting, such sitting shall be presided over and all the documents adopted during the sitting shall be signed by a councillor appointed by the municipal council.
5. The mayor, and in case of his absence - the deputy mayor or a councillor who has been authorised by one-third of the elected councillors shall, at least three days prior to the commencement of the sitting, inform in writing all the councillors and, in the manner prescribed by the municipal council’s rules of conduct, the residents of the time of a sitting as well as of the issues prepared for consideration.
6. Issues subject to consideration by the municipal council, as well as draft solutions shall be submitted by the committees, commissions, councillors, municipal controller, director of the municipal administration. The mayor shall draw up an agenda of a council sitting. It may be supplemented or amended by the decision of the municipal council upon proposal of the committee, commission, faction and one-third of the councillors attending the sitting.
7. Decisions of the municipal council shall be adopted by a majority vote of all the councillors participating in the sitting. In the event of a tie, the vote of the mayor or the presiding officer of the sitting shall be casting. A councillor must disqualify himself when property or financial issues related to him or his family members and close relatives are being considered, or when his participation in the voting may result in a conflict of public and private interests.
8. Minutes shall be taken at municipal council sittings. Minutes of the sitting and decisions of the municipal council must be signed by the mayor or his deputy, or another councillor, who presided over that sitting. The minutes must be also signed by the council secretary and in case of his absence – a civil servant or an employee working under employment contract, who is appointed by the director of the municipal administration (with the mayor’s consent). The decision concerning the election of the mayor shall be signed by the chairman of the constituency electoral committee who has presided over the sitting of the municipal council.
9. Council sittings shall be open to the public. The presiding officer of the sitting shall have the right to permit invited persons to take the floor in the sitting. Other persons participating in the sitting shall be given the floor in the manner prescribed by the municipal council’s rules of conduct.
10. When an issue related to the State, official or commercial secret are being considered at the sitting, the municipal council may decide to consider it at a closed sitting.
11. Only those issues shall be considered at municipal council sittings the draft decisions whereof are submitted in the manner prescribed by the municipal council’s rules of conduct. In cases of extraordinary situations the mayor shall have the right to submit to the municipal council an issue for consideration and to propose to adopt a decision not in accordance with the established procedure.
Article 15. Municipal Council Committees
1. Municipal council committees shall be set up to preliminary consider issues submitted to the municipal council and to present conclusions and proposals, to control the observance of laws and implementation of decisions of the municipal council and the mayor.
2. Committees shall be set up from the councillors by decision of the municipal council. Each municipality must set up a control committee. The control committee shall comprise an equal number of representatives delegated by all the parties and coalitions represented in the municipal council. When setting up other committees, a principle of proportional representation of the majority and minority shall be adhered to. The number of committees as well as their members, powers, except the control committee, shall be established by the council. The powers of the control committee shall be established by the council, taking into consideration paragraph 4 of this Article. Work procedure of the control committee shall be established in the municipal council’s rules of conduct.
3. Chairmen and deputy chairmen of the committees, except the control committee, shall be elected by the councillors. The municipal council shall elected chairman of the control committee and appoint his deputy on the proposal of the chairman of the control committee. Chairman of the control committee shall be considered elected and his deputy shall be considered appointed, if the majority of the elected councillors vote for this.
4. The control committee shall:
1) propose to the municipal council to dismiss the municipal controller, if there are grounds for dismissal from civil service, laid down in the Law on Civil Service;
2) submit findings to municipal council regarding results of the activities of the municipal controller (municipal controller’s office);
3) consider a draft action plan of the municipal controller and present it to municipal council for approval, submit proposals regarding supplements or amendments of the said plan, in accordance with the procedure laid down by the municipal council’s rules of conduct return this draft plan prior to January 15 of the current year for approval by the municipal controller;
4) consider a report prepared by the municipal controller regarding the implementation of the action plan of the controller (municipal controller’s office), prepare on its basis and submit to the municipal council conclusions regarding the lawfulness, expediency and efficiency of the use of municipal property and funds, as well as activities of the municipal controller and the municipal controller’s office;
5) propose to the municipal council to carry out independent audit of the use of municipal property and funds and the activities of a municipality, submit its conclusions regarding the audit results;
6) periodically (every three months) consider the execution of the action plan of the municipal controller (municipal controller’s office), on the initiative of the municipal controller or on its own initiative hear out heads of institutions, establishments and undertakings concerning the elimination of deficiencies or violations of legal acts established by the municipal controller (municipal controller’s office) during inspections, when necessary address the director of the municipal administration regarding the implementation of requirements of the municipal controller (municipal controller’s office);
5. Committees shall within their competence adopt recommendatory decisions. Local authorities must consider decisions related to their activities and report to the committees about the adopted decisions. The municipal administration, its subdivisions, budgetary and public establishments, and undertakings controlled by a municipality must consider committee decisions related to their activities and inform the committees about the results of consideration.
Article 16. Commissions of the Municipal Council
1. The municipal council shall, for a term of its office, set up an administrative commission under the council. The said commission shall consider cases of administrative offences assigned to its competence by the Code of Administrative Offences. On the recommendation of the mayor, the municipal council shall appoint a council member as chairman of the said commission. A civil servant appointed by the director of the municipal administration shall perform the duties of an executive secretary of the commission; the said functions shall be entered in his job description.
2. In cases specified by laws or by decision of the municipal council other standing commissions (for a term of office of a particular council) and ad hoc commissions (for consideration of particular issues) may be set up. The procedure for forming such commissions shall be established by the municipal council’s rules of conduct, and their rules of procedure shall be approved by the municipal council.
Article 17. Powers of the Municipal Council
The municipal council:
1) shall approve municipal council’s rules of conduct. It must, among other issues, provide for main forms and ways of communication with the local population, which would guarantee the implementation of principles and rights to local self-governance for the interests of the community;
3) on the recommendation of the mayor, shall appoint deputy (deputies) of the mayor and dismiss him (them) prior to the expiry of the term of office; set his (their) salary in compliance with the law;
4) on the recommendation of the mayor, shall establish a sphere of activities of a deputy (deputies) of the mayor;
5) shall take a decision to form a municipal council board and form it on the recommendation of the mayor;
6) shall set up committees, commissions of the municipal council, and other units necessary to organise municipal council’s work, as well as public commissions and councils provided for by the law;
7) shall elect chairman of the control committee; on his proposal, appoint deputy of the chairman of the control committee, approve a programme of activities of the control committee;
8) shall set up a commission for the selection of candidates for the position of the municipal controller (a representative of the National Audit Office must be invited to be a member of such commission), adopt a decision concerning the acceptance of the municipal controller to the office and his dismissal from civil service, on the recommendation of the municipal controller establish (or may establish when a number of municipal residents is less than 30 000 residents) the office of the municipal controller and fix a maximum number of positions of civil servants and employees working under employment contracts in the said office, once a year hear a report of the municipal controller (office of the municipal controller) and adopt a decision thereon;
9) shall take a decision on acceptance of director of the municipal administration (deputy director of the municipal administration) to the office and his dismissal from civil service, on the recommendation of the mayor approve the structure of the municipal administration, its regulations and the wage fund, fix a maximum permitted number of civil servants and employees working under employment contracts and receiving wages from the municipal budget;
10) may take decisions regarding the establishment of wards and their number, grant names to wards and change them, assign municipal territories to wards, establish their boundaries and, when necessary, change them upon having evaluated local residents’ opinion;
11) shall approve rules of procedure of the municipal controller (office of the municipal controller), as well as of public commissions and councils;
12) in accordance with the procedure laid down by the Law on the Structure of the Budget and the Law on the Accountability of the Public Sector, shall approve the municipal budget, a collection of reports on the municipal budget execution and a collection of financial reports of a municipality, when necessary, adjust the municipal budget;
13) shall adopt decisions on the appropriation of additional and plan-exceeding budgetary income and other resources, as well as on the establishment and use of target funds;
15) shall take decisions on an analysis of the development of a municipal territory, preparation of projects of general long-term social, cultural, economic, investment, demographic, crime control and prevention, ecological, health and other programmes;
16) shall take decisions on appropriation of target funds of state social and economic programmes and other funds of state foundations and other tangible property for budgetary establishments of a municipality;
17) shall take decisions on design and building of objects of social and industrial infrastructure, instruct the municipal administration to carry out functions of a contract giver, lay down a procedure for exploiting such objects;
18) shall take decisions on a procedure for forming a subsidized housing stock (building, purchase, etc.), a procedure for granting a dwelling and on a rate of rentals of municipal living quarters;
19) on the proposal of the mayor, shall decide on establishment of a municipal council’s secretariat and positions of civil servants of political (personal) confidence of the mayor (if a secretariat is not established) as well as fix their number;
21) fix prices and rates for the payable services rendered by undertakings controlled by a municipality, municipal budgetary and public establishments as well as the transportation of passengers by local routes, and, in the manner prescribed by the law, fix prices of centralised supply of heating, cold and hot water, establish local charges and fees and other payments;
22) shall, in the manner prescribed by an institution authorised by the Government, observing the limits on borrowing set out by law and after the receipt of municipal controller’s conclusions, take decisions on the use of bank credits, taking and making of loans, provision of guarantees and warranty to creditors for loans taken by undertakings controlled by a municipality;
23) shall take decisions on the provision of tax, charges and fees privileges and other privileges provided for by laws, at the expense of the municipal budget. It shall establish a procedure for providing subsidies and compensations for undertakings of all types, which establish new places of employment, amend appropriately the municipal budget in the cases when funds have not been provided for such matter;
25) shall delegate councillors to regional councils and commissions provided for by law, and grant authorisation to them;
26) shall take decisions on the disposal of the property belonging to a municipality by the right of ownership, establish a procedure of the management, use and disposal of such property, except for the cases when the said procedure have been established by laws;
27) shall take decisions on the management, use and disposal by trust of the State land and other State property assigned to a municipality;
28) shall take decisions on the setting-up of budgetary establishments, municipal undertakings, foster families, public establishments and companies; in the manner prescribed by law take decisions on participation in setting up of them and on reorganisation, restructuring and liquidation of such establishments, undertakings and foster families or participation in their reorganisation, restructuring and liquidation, as well as on appointment of heads of legal persons to the office and dismissal from it;
29) shall take decisions on the establishment of joint undertakings together with other municipalities;
30) shall in the manner prescribed by law approve territory-planning documents. It may instruct the director of the municipal administration to approve special and detailed plans in accordance with the procedure laid down by law and municipal council’s rules of conduct;
31) in the manner prescribed by the Law on Protected Territories, shall establish territories protected by a municipality, announce nature and cultural heritage monuments of local significance which are protected by a municipality, take decisions on the improvement of the condition of environmental protection;
32) shall submit proposals on the change in the boundaries of a municipality, naming of a municipality and changing of its name, establishment of residential areas, establishment of their names and boundaries and the change thereof, as well as, according to the criteria set by the Government, give and change names of streets, squares, buildings, construction works and other objects belonging to a municipality by the right of ownership;
33) shall approve the rules concerning the protection of green plantations, of maintaining order in cities and other residential areas, public health, sanitary and hygiene, waste management and environmental protection, keeping of pets, trade in market places and other rules;
34) shall submit proposals to approve in a prescribed manner coats of arms of residential areas, approve other symbols of a respective municipality and the procedure of the use thereof; may in a prescribed manner grant an honorary title of a resident of a municipality (its centre or another residential area);
35) in the manner prescribed by the municipal council’s rules of conduct, shall hear reports of the municipal mayor, director of the municipal administration, municipal controller, heads of budgetary and public establishments, undertakings and organisations as well as their responses to the inquiries of councillors, and take decisions thereon;
36) shall submit proposals to State institutions regarding the activities of their subdivisions located in the territory of a municipality, when necessary, hear the heads of such subdivisions in the manner prescribed by the municipal council’s rules of conduct;
37) shall take decisions on the restoration of the rights of ownership of the existing real estate, managed by a municipality, to religious communities and associations;
38) shall take decisions on the payment of compensations to certain groups of consumers for bought fuel, electric power and thermal energy, hot water and natural gas;
39) shall take decisions on expediency of granting concessions, before the announcement of tendering, following the receipt of municipal controller’s conclusions, approve tendering conditions and main terms and conditions of a concession contract, set out phases of tendering and, after the receipt of municipal controller’s conclusions, before signing of a concession contract, approve of a final draft of a concession contract;
42) may take a decision to carry out independent audit of certain activities of municipal establishments or undertakings controlled by a municipality;
43) shall approve a procedure of signing contracts, which are being concluded in the name of a municipality and establish which contracts may not be concluded without a prior consent of the municipal council;
44) shall take a decision to recover damages from the director of the municipal administration and other public administration entities of a municipality, which have been inflicted due to their (his) intentional unlawful decisions, non-performance of the duties or gross negligence while carrying out the duties, when public administration entities of a municipality have had to compensate for the damage following the court’s decision, if the damage does not exceed the amount equal to their (his) average workpays for the last six months;
45) shall take decisions to join municipality unions, to co-operate with municipalities of foreign states or to join international self-government organisations;
48) shall approve municipal plans for noise prevention actions, indicators of noise within the territory of a municipality and rules of noise prevention in public places, set silent zones. It shall establish the competence of an executive institution of a municipality, other subordinate public administration entities in the field of noise management and supervise its implementation;
Article 18. Municipal Council’s Board
1. The municipal council may, for the term of the powers thereof, set up a municipal council’s board from among the councillors (hereinafter referred to as the “board”), and establish the number of its members. The municipal council may instruct the board to exercise the powers of the municipal council referred to in subparagraphs 15, 19 and 20 of Article 17 of this Law.
2. The mayor and deputy mayor (deputy mayors) shall be ex officio members of the board. The mayor shall present to the municipal council for approval the candidatures of other board members (not on permanent staff) from among the councillors. Only citizens of the Republic of Lithuania may be board members. Chairman of the control committee, his deputy and members of the control committee may not be members of the board. The municipal council’s rules of conduct shall establish working arrangements of the board, procedure for organising sittings, the status of board members, the procedure of their approval and loss of the board member’s status. The board shall account for its activities to the council at least once a year or when necessary.
Article 20. Mayor, Deputy Mayor
1. For the term of its powers, the municipal council shall elected municipal mayor (hereinafter referred as the “mayor”) from among the councillors, and on the proposal of the mayor, shall appoint one or several deputy mayors. The mayor shall head a municipality. Only the citizens of the Republic of Lithuania may become mayors and deputy mayors. The municipal council may decide that a deputy mayor carries out the duties on a voluntary basis. The mayor shall be elected and his deputy shall be appointed by secret ballot. The mayor shall be considered elected and a deputy mayor shall be considered appointed if the majority of all the councillors have voted for their candidatures. An employment contract shall not be concluded with the mayor and deputy mayors.
2. The powers of the mayor, deputy mayors shall be terminated before the expiry of the term of office, if the majority of all the councillors vote:
1) on the proposal of the Government or a State control institution, for violations of laws or other legal acts which have inflicted essential damage to State or municipal interests or property;
2) if due to temporary incapacity to work, he does not work more than 120 calendar days in succession or more than 140 days within the last twelve months;
3. The powers of the mayor, deputy mayors shall be also terminated prior to the term of office, if not less than 1/3 of all the councillors express the non-confidence in them, the municipal council adopts a decision to dismiss the mayor, deputy mayor and not less than ½ of all the councillors vote for such decision. If a decision to dismiss the mayor, deputy mayor because of the non-confidence is not adopted, such issue may be considered no sooner than after one year.
4. On the proposal of the mayor, the powers of a deputy mayor shall be terminated before the expiry of the term of office, of the majority of all the councillors vote for that.
5. The powers of the mayor, deputy mayor shall be terminated if they lose a mandate of a councillor.
6. Upon the expiry of the powers of the municipal council, the powers of the mayor elected by that council and the powers of the deputy mayor shall terminate.
7. After the expiry of the term of office, the mayor and his deputy, if not elected mayor or appointed deputy mayor, or if he loses his powers before the expiry of the term of office (with the exception of the cases when the mayor, deputy mayor loses his powers in accordance with the procedure laid down in subparagraphs 1 and 4 of paragraph 2 of this Article) shall have the right, in a manner prescribed by the Government, to return to the office held prior to being elected councillors, and if there is no such possibility - to another position of the same or lower category, if the position held is attributed, in accordance with legal acts, to the position of a civil servant (except the position of a civil servant of political (personal) confidence), or if they any other position in a state or municipal budgetary or public establishment or an undertaking controlled by a municipality. If the said persons had not held such positions prior to being elected councillors, they shall be paid compensation equal to their average salaries for three months. It shall be paid within 3 months in equal parts every month. If a person begins holding a position in civil service prior to the expiry of a three-month period, an unpaid part of compensation shall not be paid. If the said persons have held the positions of mayor and deputy mayor for less than a year before the expiry of the term of office, they shall be paid compensation equal to their average salaries for one month. Upon the termination of the powers of mayor and deputy mayor before the expiry of the term of office, when not less than one-third of councillors have express non-confidence in them and not less than 1/2 of all the councillors have voted for such decision, they shall be paid compensation equal to their average salaries for two months.
8. Salaries of the mayor and deputy mayor shall be approved by the municipal council in accordance with the ratios established by the law.
9. The mayor and deputy mayor may not work in other institutions, establishments, undertakings and organisations and receive any other payment, with the exception of payment for scientific, pedagogical or creative activities. This provision shall not apply if a deputy mayor holds the position on a voluntary basis.
10. A deputy mayor shall preside over a sitting of the municipal council, when the mayor may not participate while adopting a decision.
11. The Law on Employment Contract as well as provisions of labour laws regulating the application of disciplinary penalties shall not apply to the mayor, deputy mayor.
12. A secretariat of the municipal council (hereinafter referred to as the “secretariat”) may, on the mayor’s proposal, be set up to provide services for sittings of the municipal council, the committees, the mayor, as well as to prepare, consider drafts of decisions of the municipal council and to prepare drafts of conclusions regarding council’s decisions. The municipal administration shall carry out financial, economic and material servicing to a secretariat. The municipal council shall fix a separate estimate of expenditure of a secretariat. A secretariat may be formed from civil servants of political (personal) confidence, career civil servants and employees working under the employment contract. In the event a secretariat is not formed, the mayor may, for the duration of the term of office, have civil servants of political (personal) confidence.
Article 21. Powers of the Mayor, Deputy Mayor
1. The mayor shall be accountable to the municipal council and the community for the activities of a municipality.
2. The mayor:
1) shall plan activities of the municipal council, set and draw up agendas of sittings of the municipal council, present drafts of decisions, convene municipal council sittings and preside over them, co-ordinate activities of municipal council’s committees and commissions, sign municipal council’s decisions and minutes of the sittings over which he has presided;
2) shall himself represent or authorise other persons to represent the municipality in court, in co-operation with other municipalities, state institutions, institutions of foreign states, as well as with other natural and legal persons;
3) shall represent a municipality in the Regional development council and have the right of casting vote when preparing and implementing a regional development programme;
4) shall propose to the municipal council candidatures for a deputy mayor (deputy mayors), director of the municipal administration, deputy director of the municipal administration (on the recommendation of the director of the municipal administration) and chairmen of commissions; may propose to dismiss them and propose to impose penalties to the director of the municipal administration;
5) shall approve regulations of the secretariat, appoint to a position and dismiss secretariat staff members in accordance with the procedure laid down by the Law on Civil Service;
7) may, in the manner prescribed by the rules of conduct of the municipal council, propose to the municipal council to instruct the municipal controller (the office of the municipal controller) to carry out a financial and performance audit, not provided for in an action plan, of the municipal administration, administrating entities of a municipality and undertakings controlled by a municipality, accept from the municipal controller (the office of the municipal controller) audit reports and conclusions on the results of the carried-out financial and performance audit, when necessary, shall organise consideration of such reports and conclusions at sittings of the municipal committees and council;
8) shall control and supervise activities of heads of institutions and establishments of public administration of a municipality and municipal undertakings, how they implement laws, decisions of the Government and the municipal council;
9) upon having received the consent of the municipal council, shall conclude agreements related to the co-operation of a municipality with State institutions, other municipal institutions and institutions of foreign countries;
3. The mayor shall analyze the situation in a municipality and proposed to the municipal council drafts of solutions as well as recommendations for public administration establishments on the following issues:
2) primary personal and public health care, attendance and care of ill persons, invalids and elderly people;
3) general education of children, youth and adults, pre-school education of children, supplementary training of children and youth;
5. The mayor shall at least once a year account to the municipal council for his activities and to voters for the activities of a municipality.
6. A deputy mayor shall carry out functions established by the municipal council and instructions of the mayor. In the event the mayor cannot carry out his duties, a deputy mayor shall exercise all his duties, except for the powers provided for in subparagraphs 4 and 5 of paragraph 1 of this Article. The municipal council’s rules of conduct shall regulate activities of the mayor and the procedure for the appointment to act as the mayor.
Article 211. Coming into Force of Legal Acts of Municipal Representative and Executive Institutions and Municipal Mayors
The procedure of coming into force of legal acts of municipal representative and executive institutions and municipal mayors shall be laid down by the Law of the Republic of Lithuania on the Procedure for Proclaiming and Coming into Force of Laws and other Legal Acts.
Article 22. Status of the Councillor
1. The councillor shall be a representative of the community elected by the population in accordance with the procedure established by the Law on Elections to Municipal Councils. The powers of a newly-elected councillor shall begin and the powers of a councillor of the previous term of office shall end on the day when a newly-elected council gathers to the first sitting.
2. The councillor shall have a certificate of the municipal council member. This certificate shall be issued by the chairman of the constituency electoral committee, and when a person becomes a councillor in place of the councillor who has lost his mandate - by the mayor.
3. It shall be prohibited to persecute the councillor for the voting or opinion expressed at sittings of the municipal council or its committees. The councillor may be held liable in accordance with the general procedure for person’s insult or slander, dissemination of information, which is humiliating to individual honour and dignity and not in keeping with the truth.
Article 23. Duties of the Councillor
1. The councillor must:
4) not vote at sittings of the municipal council and its committees, when his voting on the issue under consideration is or when his participation in the voting conflicts with the Law on the Adjustment of Public and Private Interests in the Civil Service;
Article 24. Rights of the Councillor
The councillor shall have the right:
2) in the manner prescribed by the municipal council’s rules of conduct to propose to the municipal council to consider issues, prepare drafts of municipal council’s decisions, receive from the municipal administration or other municipal establishments and organisations information related to the issues considered at the municipal council, participate in discussions on issues under consideration, present remarks in writing or orally concerning drafts of municipal council’s decisions, work procedure of the municipal council, etc., during a sitting of the municipal council pose questions to reporters, express opinion regarding the order of work of a sitting, appeal with inquiries to heads and civil servants of local authorities, municipal administration, other municipal establishments, undertakings and organisations, as well as State institutions which function within the municipal territory;
3) to participate and speak at sittings of committees and commissions in which the issues presented by him are considered;
Article 25. Termination of the Councillor's Powers
The councillor's powers shall be terminated before the expiration of the term of office:
1) when temporary direct rule is being introduced on the municipal territory in accordance with the Law on Temporary Direct Rule on the Municipal Territory, with the exception of the cases when introduction of temporary direct rule is related with introduction of a state of emergency on the territory of a municipality;
2) on the decision of the Central Electoral Committee in accordance with the Law on the Election to Municipal Councils;
4) upon coming into effect of a court judgement concerning deportation from the Republic of Lithuania of the councillor who is not a citizen of the Republic of Lithuania.
Article 26. Payment to Councillors
1. Compensation shall be remunerated (paid) to councillors, except the mayor and deputy mayor, for the work done when performing the duties of councillor. This remuneration (pay) shall be calculated in accordance with the amount of an announced average monthly wage of the Lithuanian economy (AMW), taking into consideration the time during which a councillor actually worked and the duration of which is confirmed in the manner prescribed by the municipal council’s rules of conduct. Each month a councillor may, in order to cover stationery, postal, telephone, transport expenses related to his activities, be paid sums the amount of which is approved in a manner prescribed by the council’s rules of conduct.
2. If according to the mayor’s ordinance a councillor represents a municipality outside the boundaries of the municipality, the municipal administration shall, in the manner prescribed by the Government, cover his expenses related to the business trip.
Article 27. Municipal Controller (Office of the Municipal Controller)
1. The municipal controller (office of the municipal controller) shall carry out financial and performance audit in the municipal administration, administrating entities of a municipality, and undertakings controlled by a municipality. External supervision of the audit carried out by the municipal controller (office of the municipal controller) shall be executed by the National Audit Office.
2. For the implementation of the functions of the municipal control and audit institution, the municipal council shall, on the advice of the municipal controller, establish (and when the number of residents of a municipality is less than 30 thousand, may establish) the office of the municipal controller. It shall be headed by the municipal controller.
3. The municipal controller (office of the municipal controller) shall be a municipal control and audit institution; it shall have its seal. The municipal controller shall direct the office of the municipal controller and shall be responsible for its activities. He shall be accountable to the municipal council. The municipal council shall establish a separate estimate of expenditures of the municipal controller (office of the municipal controller). Financial, economic, material servicing to the municipal controller (office of the municipal controller) shall be provided by the municipal administration, without exceeding the estimate of expenditures of the municipal controller (office of the municipal controller).
4. The activities of the municipal controller (office of the municipal controller) shall be based on the principles of independence, legality, openness, objectivity and professionalism.
5. In his activities the municipal controller (office of the municipal controller) shall follow this and other laws, State audit requirements, methodologies prepared by the National Audit Office, and other legal acts.
6. The legal basis of employment relations of the municipal controller, civil servants of the office of the municipal controller shall be established by the Law on Civil Service and the present Law.
7. The municipal controller, civil servants of the office of the municipal controller may not be members of the municipal council and, during their work, may not participate in activities of political parties, other political organisations.
8*. The municipal controller shall be appointed to his position by competition and shall be dismissed in the manner prescribed by the Law on Civil Service. The municipal controller must have a higher university education and the working experience of at least three years in the spheres of finance, economics, law, audit, control or public administration.
* Civil service relations of the persons who were accepted to the office of municipal controller before 11 October 2005 and who holds the said office after the expiration of their term of office shall, with their consent, continue.
9. The municipal council shall:
1) in the event the office of the municipal controller is set up, approve the list of staff of the office of the municipal controller, in the manner prescribed by the Law on Civil Service, hire and dismiss civil servants, as well as, in the manner prescribed by the Labour Code, hire and dismiss employees working under employment contracts;
2) organise training and qualification improvement of civil servants of the office of the municipal controller;
3) draw up a plan of activities of the municipal controller (office of the municipal controller), approve it with the consent of the Control Committee of the municipal council, organise its implementation and be responsible for that;
4) submit a plan of activities of the municipal controller (office of the municipal controller) annually to the National Audit Office by 1 February of the current year;
5) have the right to attend sittings of the municipal council, committees, commissions and to express his opinion on the issues within his remit;
6) upon the written request of the Auditor General, may participate or instruct civil servants of the office of the municipal controller to take part within their remit in financial and performance audits of the administrating entities of a municipality, carried out by the National Audit Office officers;
7) carry out himself and (or) assign civil servants of the office of the municipal controller to carry out financial and performance audit;
8) make decisions pursuant to financial and performance audit reports, indicate to the director of the municipal administration, heads of the audited administrating entities of a municipality and undertakings controlled by a municipality the shortcomings in their activities and fix a time limit for the elimination of the established violations of legal acts. The director of the municipal administration, heads of the audited administrating entities of a municipality and undertakings controlled by a municipality must, within the time limit fixed by the municipal controller, inform the municipal controller about the elimination of the shortcomings in their activities established during the financial and performance audit;
9) present to the mayor, director of the municipal administration, heads of the audited administrating entities of a municipality and undertakings controlled by a municipality the conclusions, reports and decisions made on the violations of legal acts, established during the financial and performance audit, which have not been eliminated;
10) annually within the time limit and in the manner prescribed by the municipal council’s rules of conduct, present to the municipal council the conclusions regarding the report on the property belonging to the municipality by the right of ownership and the state property managed by the municipality by the right of trust, regarding collections of annual reports on the municipal budget execution, collections of annual financial reports of a municipality submitted for approval, the use of municipal budget and property;
11) upon having established during the financial and performance audit evidences of criminal actions, inform law enforcement institutions about such facts;
12) take preventive measures so that the established violations of legal acts would be eliminated and would not repeat;
13) take decisions regarding the consideration of residents’ applications and complaints received by the municipal controller (office of the municipal controller);
14) in accordance with the procedure established by laws and other legal acts, furnish information to State institutions;
15) in the manner prescribed by the municipal council’s rules of conduct, submit a report on the activities of the office of the municipal controller. Its summary must be published in the local press, and if possible – through other means of the mass media as well;
16) upon the request of the municipal council or the Control Committee of the municipal council, furnish information within the limits of its competence;
10. Civil servants of the office of the municipal controller shall:
1) by the decision of the municipal controller, carry out planned and targeted financial and performance audits of the municipal administration, administrating entities of a municipality, as well as the undertakings controlled by a municipality;
2) have the right to enter the premises during the financial and performance audit, to obtain all the documents necessary to carry out financial and performance audit, engage necessary specialists;
4) carry out the audit of budget execution, estimates of expenditures of the programmes of budgetary appropriations managers, municipal budgetary assets accounts and financial statements;
Article 28. Centralised Municipal Internal Audit Service
1. The centralised municipal internal audit service shall act in pursuance of the provisions of the Law on Internal Control and Internal Audit as well as other legal acts regulating internal audit.
2. The centralised municipal internal audit service shall be established by the municipal council when approving the structure of the municipal administration.
3. The centralised municipal internal audit service shall operate in compliance with an annual internal audit plan co-ordinated with the director of the municipal administration. The municipal administration director may instruct the centralised municipal internal audit service to carry out internal audit, which is not provided for in the annual plan. Internal audit which is not provided for in the annual plan may be carried out by the decision of the head of the centralised municipal internal audit service, after consultation with the director of the municipal administration.
4. Internal auditors shall present reports of the carried-out audits to the director of the municipal administration and the heads of the audited entities. The latter must make decisions regarding the recommendations of internal audit. Moreover, reports of the carried-out audits shall be submitted to the municipal council, the control committee of the municipal council, the mayor and the municipal controller at the request.
5. The head of the centralised municipal internal audit service and internal auditors shall be career civil servants. The director of the municipal administration shall set up a commission for the competition of candidates to the position of head of the centralised municipal internal audit service. A representative of the Ministry of Finance must be invited to be a member of the said commission.
Article 29. Director of the Municipal Administration
1. The director of the municipal administration shall be the head of the municipal administration – head of an establishment who is subordinate to the municipal council and accountable to the municipal mayor. The procedure for appointment and dismissal of the director of the municipal administration shall be laid down by this Law and the Law on Civil Service.
2. The director of the municipal administration shall be appointed to the position in upon the mayor’s proposal, at the municipal council’s decision for a period of the powers of the municipal council on the basis of political (personal) confidence. The number of terms of office shall not be limited for the same person. A deputy director of the municipal administration (deputy directors of the municipal administrations) (if such position (positions) are established) shall, upon the mayor’s proposal, be appointed to this position at the municipal council’s decision on the basis of political (personal) confidence. The municipal council shall impose disciplinary on the director of the municipal administration (deputy director(s) of the municipal administration) for misconducts in office. The procedure for imposing disciplinary penalties shall start on the initiative of the mayor or on the grounds of the written information received by him regarding misconducts in office done by the director of the municipal administration (deputy director(s) of the municipal administration).
3. The municipal council shall decide on the establishment of a position of deputy director(s) of the municipal administration or deputizing for the director of the municipal administration.
4. Upon the expiry of the term of office of the director of, the municipal administration, deputy director of the municipal administration (if such position has been established) shall, if they are not appointed to these positions for a new term of office or the municipal administration, deputy director of the municipal administration resigns or is dismissed from office, with the exception of dismissal for misconducts in office, have the right to return in the manner prescribed by the Government to the position held before the appointment as director of the administration, deputy director of the administration, and in the absence of such possibility – to a position of the same or lower category, if the position held is assigned in accordance with legal acts to the positions of civil servants (with the exception of positions of civil servants of political (personal) confidence) or they held other position in a municipal or state budgetary or public establishment or an undertaking controlled by a municipality. If these persons did not hold such positions before being appointed as director of the municipal administration, deputy director of the municipal administration, they shall be paid a severance pay in the amount of 2 monthly salaries of the director of the municipal administration, deputy director of the municipal administration, respectively.
5. The director of the municipal administration:
1) shall be directly and personally responsible for the implementation within the territory of a municipality of the laws, decisions of the Government and the municipal council regarding the issues assigned to his competence;
2) when directly implementing the laws, decisions of the Government and the municipal council, may address administrating entities of the State, issue ordinances mandatory for structural and structural territorial subdivisions of the municipal administration – wards and for civil servants who do not work for the structural subdivisions as well as, on the issues assigned to his competence, for residents of a municipality and other entities existing within the municipal territory;
3) shall organise the work of the municipal administration, approve rules of conduct of structural and structural territorial subdivisions of the municipal administration – wards, shall be responsible for internal administration of the municipal administration;
4) administer allocations, which are designated by the municipal council for the municipal administration;
5) in the manner prescribed by the municipal council shall administrate appropriations from the municipal budget, organise the execution of the municipal budget and be responsible for economic and financial activities of a municipality, administrate the municipal property;
6) in the manner prescribed by the law, shall appoint and dismiss civil servants and other employees of the municipal administration. He shall coordinate and control the work of establishments which render public services, carry out other functions of personnel management assigned to him by the Law on Civil Service and the municipal council (with the exception of appointment and dismissal of heads of establishments and imposing of penalties on them);
7) shall organise training and qualification improvement of the municipal councillors and civil servants;
8) in the manner prescribed by the rules of conduct of the municipal council shall account for and present a report on his activities to the council and the mayor;
Article 291. Municipal administration
2. Municipal administration shall be a municipal establishment which consists of structural, structural territorial subdivisions - wardens (branches) and civil servants of public administration who do not belong to structural subdivisions. The structure of the municipal administration, its regulations of activities and wage fund, the biggest allowed number of positions of civil servants and employees working under employment contracts and receiving payment from the municipal budget shall, on the proposal of the mayor, be approved or changed by the municipal council, and the list of staff shall be approved by the director of the municipal administration. Powers of the municipal administration shall not be related to the expiration of the powers of the municipal council. The municipal administration shall have bank accounts and the seal with the coat of arms of a respective municipality. Generally structural and structural territorial subdivisions of the municipal administration - wards – shall have bank accounts.
2. The municipal administration shall:
1) in the municipal territory organise and control the implementation of decisions of local authorities or implement them itself;
2) implement laws and resolutions of the Government, which do not require decisions of the municipal council;
3) in the manner prescribed by the law organise the management of accounting of municipal budget income and expenditure and other monetary resources, organise and control the disposal and use of municipal property;
3. The conditions and procedure of service of civil servants shall be laid down by the Law on Civil Service.
Article 30. Ward and Warden
1. The ward shall be a structural territorial unit of the municipal administration its branch functioning in a certain part of the municipal territory. The name of a ward, the boundaries of the territory of a ward and the functions of a legal person (municipal administration) transferred to a ward shall be established by the municipal council by its decision. The number of wards shall be also set by the municipal council.
2. When necessary, the municipal council shall set up public establishments and municipal undertakings within the territory of a ward. The municipal council may transfer a part of the functions of the founder of these establishments and undertakings to a warden.
3. The ward shall be headed by the warden. He shall, by competition (favourable opinion of the residents is regarded as an advantage) be appointed and dismissed by the director of the municipal administration, in compliance with the Law on Civil Service.
Article 31. Functions of the Ward and Warden
1. Activities of the ward shall be regulated by the regulations of activities of the ward, approved by the director of the municipal administration. Activities of the ward shall be financed from the municipal budget; for that purpose, necessary appropriations shall be allocated to the ward.
2. The ward shall:
1) when necessary, evaluate living conditions of particular families (persons) and submit to the municipal administration proposals concerning the necessity of provision of social support to such families (persons);
3) gather and furnish to the director of the municipal administration the data necessary for the records of school-age children;
4) gather and furnish to the director of the municipal administration the data on conscripts residing within the territory of the ward;
5) register information provided by owners, possessors and users of land, water bodies, forest plots about damage done by wild animals, which are permitted to be hunted and submit data to the director of the municipal administration;
6) participate in preparation and implementation of the measures related to the improvement of protection of the rights of the child and prevention of the violation of the rights of the child;
9) participate in preparation and implementation of programmes on the employment of the population within the territory of a ward;
11) help to organize elections of the President of the Republic, the Seimas of the Republic of Lithuania, municipal councils, as well as referendums;
14) organise cleaning and maintenance of territories of communal use, streets, pavements, as well as lighting of streets and other public places;
3. The warden shall:
3) in accordance with the procedure laid down by the regulations of activities of a ward, perform the functions of personnel management assigned to him;
4) issue to the residents of the territory assigned to the ward, documents referred to in the Law on Declaration of a Place of Residence and documents confirming family composition as well as other documents confirming an actual situation, with the exception of the cases when this must be confirmed by other documents according to legal acts;
5) in the wards of rural residential localities and in the towns, which do not have the civil registrar’s office, register deaths;
7) in accordance with the procedure laid down by the Law on the Notary’s Office, carry out free of charge notarial acts for residents of the territory assigned to a ward, as well as in accordance with the procedure laid down by the Civil Code verify free of charge the wills of residents of the territory assigned to a ward, which are equated to official wills. The warden shall carry out notarial acts on the premises of a ward. The warden may carry out notarial acts outside the premises of a ward only when an interested person cannot arrive to the premises of a ward because of a valid reason (illness, disability) and invites the warden to his place of residence;
9) in accordance with the procedure laid down by the regulations of activities of a ward, conclude contracts and supervise their implementation;
10) control whether when rendering public services the requirements for rendering of such services set out in legal acts and agreements are being met, consider residents’ applications and complaints regarding rendering of public services and take decisions on these issues within the limits of his competence. He shall present proposals to the municipal administration and other entities administrating rendering of public services with regard to improvement of rendering of public services;
12) submit to the director of the municipal administration proposals on the improvement of activities of civil servants of structural subdivisions of other the municipal administration and heads of municipal establishments in the territory assigned to the ward, maintenance of roads belonging to a municipality, settlement streets, pavements and squares, organisation of local-routs transport, repair of buildings and construction works belonging to a municipality, maintenance of monuments, cemeteries, organisation of the provision of public services to the population;
13) on the instruction of the mayor, prepare and submit drafts of decisions of the municipal council and mayor’s ordinances concerning the issues of activities of the ward, organise and control their implementation;
14) convene assemblies of the population of the territory assigned to the ward and organise meetings of the population with officials of local authorities and state institutions;
15) participate in sittings of local authorities when issues related to life of the population residing within the territory assigned to the ward are being considered, or authorize any other civil servant of the ward to participate in such sittings;
16) summarise remarks and proposals of representatives of local communities and submit them to the director of the municipal administration. He shall consult residents of the territory assigned to the ward and furnish to them information about the activities of local authorities and the municipal administration as well as state institutions within the municipal territory.
Article 32. Status of a Representative of the Local Community
1. Residents of the community of a residential locality or several residential localities (a village or several villages, a city or a town) may elect a representative (representatives) of the community.
2. A representative of the local community shall be elected in the manner prescribed by the municipal council.
3. The principal task of a representative of the local community - to take care of the interests of the community and to represent the community in the ward, when necessary - in local authorities and state establishments functioning within the municipal territory, as well as to inform the warden of the ward to which the territory of the community is assigned, about public matters of the community. If such matters are related to the activities of the warden, a representative of the local community may inform the mayor about them.
Article 33. Rights and Duties of a Representative of the Local Community
1. A representative of the local community shall:
1) represent the interests of the community in the ward, local authorities and state establishments functioning within the territory of a municipality;
2) furnish information to the residents of the community he represents, about functions, working hours and working procedure of local authorities, the municipal administration and its subdivisions, other public administration entities of a municipality, county governor’s administration and its subdivisions and the representative of the Government;
3) encourage the community to maintain the territory of a residential locality (roads, streets, squares, cemeteries, and other entities of infrastructure), develop and organise cultural and sports life of a village (a city, a town);
2. A representative of the local community shall be entitled to get information about functions and working hours of local authorities, the municipal administration and its subdivisions, other public administration entities of a municipality, county governor’s administration and its subdivisions and the representative of the Government. This information shall be provided to a representative of the local community by the warden of the ward to which the territory of the community is assigned.
Article 34. Municipal Property
1. Composition of the municipal property and the ways of acquisition thereof, procedure for management, use and disposal of such property shall be established by the Constitution and laws of the Republic of Lithuania, resolutions of the Government and decisions of municipal councils.
2. Functions of owner of the property belonging to a municipality by the right of ownership, related to the property belonging to a municipality by the right of ownership, shall be implemented by the municipal council in compliance with the law.
3. Municipal property shall be disposed and used by trust by municipal establishments, organisations and undertakings in accordance with the procedure established by the Laws on Budgetary Institutions, State and Municipal Undertakings, Management, Use and Disposal of the State and Municipal Property, and other laws, as well as by decisions of the municipal council.
Article 35. Property Relations when Boundaries of Municipal Territories are Changed
1. When a municipality is being established or liquidated or its boundaries are being changed, the real estate of the municipality shall be ascribed to another municipality by that part of the real estate, which is on the ascribed territory. Property, financial and other obligations and rights related to the ascribed real estate shall be transferred together with the said real estate. Other property and debts, upon having evaluated actual conditions and proposals of municipalities, shall be distributed among municipalities in the manner prescribed by the Government or an institution authorised by it.
Article 36. Financial Resources of Municipalities and the Use Thereof
Financial resources of municipalities shall consist of:
7) income received for leased-out state land and water bodies of the state inland waters stock and after the distribution in the manner prescribed by the Government of the funds for plots of state land sold and rented for non-agricultural purposes;
2. Municipalities shall receive a part of the income from taxes the rates of which are increased or decreased by municipal councils without exceeding amounts provided for by the law.
3. Budgetary funds of municipalities may be used only for the functions of municipalities: to implement social and economic, and other programmes approved by municipal councils, to maintain municipal budgetary establishments and organise the provision of public services.
4. Municipalities or the Association of Local Authorities in Lithuania in their name shall co-ordinate a draft of a legal act in accordance with which the change in municipal functions, income and (or) expenditures is provided for, along with financial calculation appended to it.
5. In the event that the revenue or expenditure of the municipal budget changes due to legal acts adopted by state institutions, the sums of said changes, except the sums by which municipal budgets decrease because of the tax on lease of state land within the territory of a free economic zone used to buy out the land from land owners on this territory, shall be compensated for from the Lithuanian State budget or municipal budgets appropriately. The sums of compensations shall be fixed in accordance with the procedure established by the Law on the Methodology of Determination of Municipal Budgetary Revenues. In the event of a dispute, the court shall adopt a final decision.
6. Supplementary and surplus budget revenue received during the implementation of the budget as well as saved funds (expenditure) shall be left to municipalities.
Article 37. Preparation and Control of the Municipal Budget
1. Each municipality shall have an independent budget. The municipal budget shall be drawn up and approved for the period of one budget year. The procedure of preparation, consideration and approval of municipal budgets shall be established by the Law on the Structure of the Budget and rules approved by a resolution of the Government.
3. The basis of formation of a municipal budget shall be social, economic and other programmes approved by the municipal council and calculations of funds necessary for the implementation of the functions of municipalities.
4. Municipalities must create conditions for the population to consider a draft budget in the manner prescribed by the municipal council’s rules of conduct.
6. Upon the end of a budget year, by a decision of a municipality, independent audit of finances and (or) activities may be carried out. If independent audit is carried out, an audit report must be publicly considered at a sitting of the municipal council not later than until 1 September of an appropriate budget year.
Article 38. Relations of Municipalities with State Institutions and Establishments
1. Relations between municipal councils and State institutions and establishments shall be based on the Constitution and laws of the Republic of Lithuania.
3. Central and territorial state administration entities, when considering issues related to the interests of a particular municipality or all municipalities, inform the mayor of an appropriate municipality or the Association of Local Authorities in Lithuania about this. Proposals submitted in writing by the municipal council or executive organs of the Association of Local Authorities in Lithuania shall be considered (evaluated) by state administration entities and answers shall be provided.
4. Drafts of decisions related to the change of administrative units of the state territory and the boundaries of those units shall be considered with municipalities in the manner prescribed by legal acts.
5. The State shall support the teaching and qualification improvement of councillors and civil servants.
6. If necessary, municipalities may be consulted by state institutions when planning and resolving all the issues directly related to them.
7. Prepared and considered drafts of laws and other legal acts related to activities of municipalities shall be discussed with separate municipalities or the Association of Local Authorities in Lithuania in the manner prescribed by the Seimas Statute and business regulations of the Government, as well as by other state administration entities.
8. Each year the Government and the Association of Local Authorities in Lithuania shall consider the indicators specified in the Law on the Methodology of Determination of Municipal Budgetary Revenues and primary statistical data on demographic, social and other indicators of municipalities in accordance with the Government-approved procedure for coordinating such indicators.
Article 39. Representation of Municipalities
The Association of Local Authorities in Lithuania shall represent common interests of municipalities in the Government, other state institutions and international organisations.
Article 40. Rights of Municipalities and their Protection
1. Municipalities may appeal to the court for the violation of their rights, taking into consideration the character of violation. Local authorities shall function in the name of the municipality in accordance with the powers granted in this and other laws.
2. Decisions of the municipal council which do not exceed the competence of such institutions, shall be mandatory to the municipal administration, all establishments, undertakings and organisations in the municipal territory, as well as the population.
3. State administration entities shall be prohibited from restricting or limiting the powers and rights of municipalities, except for the cases provided for by the law.
4. Decisions of the municipal council on local fees and charges, as well as rules confirmed by decisions of the council, for the violation of which laws provide for administrative liability, shall be effective in the whole territory of a municipality and all institutions, establishments, undertakings and residents, as well as other natural and legal persons who have come to the municipal territory must observe them.
5. Municipalities shall have the right to apply all legal measures so that a general plan of the municipal territory would be observed and the requirements related to the implementation of the said plan would be met.
6. Municipalities shall have the right themselves and through the Association of Local Authorities in Lithuania to participate in the preparation of laws and other legal acts regulating local self-government or establishing functions of municipalities, and to express their proposals and remarks as regards prepared drafts.
Article 41. Supervision of Activities of Municipalities
1. The compliance of municipalities with the Constitution and laws of the Republic of Lithuania, and decisions of the Government shall, in the manner prescribed by the Law on Administrative Supervision of Municipalities, be supervised by representatives of the Government - officers appointed by the Government.
2. Complaints of residents concerning the abuse of power or bureaucracy of municipal employees shall be examined by the Seimas Ombudsmen the powers whereof are laid down by the Law on the Seimas Ombudsmen. .
3. Acts or actions of local authorities and civil servants which violate the rights of residents, institutions, establishments and organisations may be appealed against in the manner prescribed by the Law on Administrative Proceedings.
Article 42. Symbols of Municipalities
2. Symbols of municipalities and the procedure of the use thereof shall be regulated by the Law on Symbols of Municipalities.
Article 43. Business Conduct of Municipalities
Municipal business shall be conducted and collections of reports on the municipal budget execution, collections of financial reports of a municipality, accounting, financial and technical documents shall be kept in the Lithuanian language and must correspond to the requirements for business conduct established by the effective legal acts.
Article 44. General Principles of a Local Population Poll
1. Residents may express their opinion about the issues of management of public municipal affairs by taking part in a local population poll (hereinafter referred to as a “poll”).
3. Participation in a poll shall be free (voluntary) and based on the universal, equal right to voice opinion directly.
4. Municipal residents who have the right to elect a council of an appropriate municipality may take part in a poll.
5. During a sample survey residents who are interviewed must be selected in such a way that each resident who might be surveyed, would have the same opportunities to become a respondent. When evaluating results of sample surveys, data of their reliance must be indicated.
6. A poll shall be direct. Residents shall personally participate in a poll; it shall be prohibited to control their will.
Article 45. Issues Submitted for a Poll
1. Issues that are solved by a municipality in the course of discharging independent, assigned (of limited independence) and contractual functions, may be submitted for a poll.
2. Polls concerning establishment of municipalities, liquidation of the existing municipalities, as well as setting and changing of their territorial boundaries and centres shall be conducted in compliance with the Law on Administrative Units of the Territory of the Republic of Lithuania and their Boundaries.
Article 46. Types of Polls
1. Types of polls shall be as follows:
2. A poll initiator shall propose a poll type, and a decision on a poll type shall be made by the municipal council taking into consideration local conditions and circumstances.
Article 47. Poll Territory
A poll may be conducted on the territory of a municipality, a ward (several wards) or a settlement (several settlements). Poll territory may not be smaller than the territory of a settlement.
Article 48. Right of Initiative to Announce a Poll
1. The right of initiative to announce a poll shall be enjoyed by the municipal population and the municipal council.
2. The residents shall implement the right of initiative to announce a poll at the request of at least 10 per cent of the population who reside within the territory of a poll and who are entitled to elect a municipal council of an appropriate municipality.
Article 49. Implementation of the Right of Initiative to Announce a Poll
1. The residents shall implement the right of initiative to announce a poll directly. For this purpose an initiative group shall be set up from at least 10 residents who are entitled to elect a municipal council. A representative of a group shall personally submit to the mayor an application to register an initiative group.
2. An application of an initiative group must indicate: a preliminary or final text of a question(s) submitted to a poll, a proposed type of a poll, and a coordinator(s) of an initiative group. An application of an initiative group may also suggest the territory covered by a poll. All members of an initiative group shall sign an application.
3. If an application of an initiative group indicates that the text of a question(s) submitted for a poll is preliminary, at the request of representatives of a group the municipal administration shall provide necessary assistance in preparation of the final text of a question(s) submitted for a poll. The final text of a question(s) shall be signed by all members of an initiative group and it shall be submitted to the mayor.
4. The mayor shall instruct the director of the municipal administration to solve an issue of the registration of an initiative group. After having received an application of an initiative group, the director of the municipal administration shall, not later than within 5 working days, register an initiative group and shall, not later than within 5 working days after its registration, issue lists for collecting residents’ signatures with regard to a request to announce a poll. Lists shall have a form approved by the Minister of the Interior.
5. A time limit of one month shall be set for the implementation of the right of initiative of residents to announce a poll. It shall be calculated from the day of issuing of lists for collecting residents’ signatures concerning a request to announce a poll.
6. If within a time limit set in paragraph 5 of this Article a necessary number of signatures of residents is not collected, the director of the municipal administration shall terminate further collecting of signatures.
7. An initiative group shall gather requests of residents concerning the announcement of a poll. After having collected within a time limit set in paragraph 5 of this Article a necessary number of signatures of residents with regard to a request to announce a poll, an initiative group shall write out a final act pertaining to the collecting of signatures of and refer it together with requests of the residents to the director of the municipal administration.
Article 50. Taking of a Decision to Announce a Poll
1. If a necessary number of signatures of residents with regard to a request to announce a poll has been collected within a time limit set in paragraph 5 of Article 49 of this Law and no violations of collecting of signatures (the cases of forging signatures or violations of the principle of voluntariness) have been established, the municipal council must take a decision to announce a poll.
2. The municipal council shall, not later than within a month from the day of submitting of a final act pertaining to the collecting of signatures and requests of the residents to the director of the municipal administration, take a decision to announce a poll.
3. A decision to announce a poll must indicate: the text of a question(s) submitted to a poll, the territory covered by a poll, a type of a poll, the date and place of a poll, the composition of a poll commission. An initiative group shall have the right to delegate its representative to the poll commission.
Article 51. Publicity of a Poll
1. The beginning of publicity of a poll shall be the day of the registration of an initiative group of residents with the municipal administration.
2. Publicity of a poll may be of various forms and in various ways, with the exception of those which violate the Constitution, laws and other legal acts of the Republic of Lithuania.
Article 52. Organization of a Poll
The mayor shall organise a poll in accordance with the procedure laid down by the municipal council.
Article 53. Establishment and Proclamation of Poll Results
1. A poll shall be deemed to have been held if not less than 25 per cent of the residents of the territory covered by the poll and having the right to participate in the poll expressed their opinion on a submitted question(s). This requirement shall not apply to a sample survey.
Article 54. Resolving Questions Submitted to a Poll
Poll results must be considered at a sitting of the municipal council in accordance with the procedure laid down by the rules of conduct of the municipal council and may be taken into consideration when taking a decision on a question(s) submitted for a poll.
Article 55. Expenses Related to Organisation of a Poll
Expenses related to the organisation of a poll shall be covered with the funds of the municipal budget.
Annex to the Law of the Republic of Lithuania
on Local Self-Government
legal acts of the european union implemented by this law
1. Council Directive 94/80/EC of 19 December 1994 laying down detailed arrangements for the exercise of the right to vote and to stand as a candidate in municipal elections by citizens of the Union residing in a Member Sate of which they are not nationals (OJ 2004 special edition, Chapter 20, Volume 1, p. 12) with the latest amendments adopted by Council Directive 96/30/EC of 13 May 1996 amending Directive 94/80/EC (OJ 2004 special edition, Chapter 1, Volume 1, p. 350).