STATUTES OF THE Latvian ASSOCIATION OF Local and Regional Governments
1. GENERAL CONDITIONS
1.1 “Latvijas Pašvaldību savienība” (hereafter referred to in the text as – the Association) is an association that unites all types of local and regional governments of the Republic of Latvia based on the principles of voluntary participation. Self-government groups from the municipalities and cities shall represent variously named self-government.
1.2 Name of the Association – Latvijas Pašvaldību savienība.
Abbreviation – LPS.
Title in English – Latvian Association of Local and Regional Governments.
1.3 The Association is a legal successor of liabilities and obligations of the public organization “Union of Local and Regional Governments of Latvia”.
1.4 All the members of the public organization “Union of Local and Regional Governments of Latvia”, from the moment the Association is registered in the Register of Associations and Foundations become members of the Association.
1.5 The Association is established for an indefinite time period.
2. The overall objectives and main tasks of the Association
2.1 The overall objective of the Association is to ensure better representation of the local and regional interests of Latvian inhabitants, enhancing civil participation in public administration processes, and to strengthen local democracy and the administrative capacity of local governments.
2.2 The tasks of the Association are:
2.2.1. To represent interests of the Association and its members and to protect their rights at the State authority and central government.
2.2.2. To develop the position of the Association on Latvian local government policy in accordance with the suggestions of local governments, their associations and unions.
2.2.3. To contribute to co-operation among Latvian local governments and their associations and unions.
2.2.4. To provide local governments with necessary information and services.
2.2.5. To organize training of local government members and employees.
2.2.6. To contribute to social protection of local government employees.
2.2.7. To contribute to the establishment of enterprises aimed at resolving questions of common interest to local governments.
- To promote cooperation with local governments and their organisations abroad.
- To represent the interests of the Association and its members in the European Union, in the European Council and other international institutions representing municipal interests.
- To organise the development of a local government information processing system based on common principles.
- To organise activities for improvement of living conditions.
- To organise activities supporting charitable causes.
- To inform inhabitants about the European Union, national and local management issues.
- To encourage the development of civil society.
2.3. LALRG activity methods:
2.3.1. The Association observes internal democracy in its activities, protects principles of democracy, and supports and promotes the suggestions of the Association’s members.
2.3.2. Observes the principles of publicity:
- regularly publishes information about resolutions approved, their drafts and development;
- establishes its information centres and means;
- arranges press-conferences, public discussions, seminars on actual (economic and politic) matters, and organises training.
2.3.3. Takes part in the legislative initiative process.
3. MEMBERS – joining, WITHDRAWAL and exclusion
- Any self-government can become a member of the Association, by submitting a resolution of the respective representative assembly.
- The decision about the admission of the member for the membership of the Association is made by the Board (hereinafter referred to as – the Board). The Board registers the resolution of the respective representative assembly or council. The Board has to examine the applicant’s request in the closest meeting, but not later that one month after the resolution of the respective representative assembly has been received.
- A member can appeal against the negative decision of the Board to the Assembly (hereinafter referred to as – the Assembly). However, if the Assembly also makes a negative decision about members joining the Association, the self-government does not enter the status of the member of Association and the respective self-government can submit the council’s resolution after a one year period.
- The member can freely withdraw from the Association by submitting a resolution from a local government about withdrawal to the Association’s Board.
- Members can be excluded from the Association by the decision of the Board, if the member:
- is not implementing decisions of the Congress, Council or Board;
- if the debts of membership fees exceed payments in the period of one years, and the debt payment is not settled after receiving a repeated invoice within one month;
- does not fulfil liabilities and obligations;
- performs other activities that are against the principles stated in the Statutes of the Association.
- Questions related to the exclusion of members of the Association are adjudicated in the closest meeting of the Board. The responsibility of the Chairperson of the Board is to inform the respective member about the decision of the Board and the motivation of the decision. All the documentation has to be submitted in written form.
4. Rights and obligations of Members
4.1. Members have the following rights:
4.1.1. Submit the questions of interest to the Association for its consideration and receive answers from it.
4.1.2. Request protection of local government interests at the State authority and executive institutions.
4.1.3. Submit proposals on changes of the Statutes and resolutions of the Association.
4.1.4. Nominate delegates to the Congresses of the association and candidates to the elections of the Association officials.
4.1.5. The members of the Association may establish local government associations, unions and foundations with purpose to protect their specific interests.
- Take part in development of drafts of legal acts and submit proposals for improvement of local government activities.
- To receive any information which is at the disposal of the Association
- To participate in all the activities of the Association, to elect and be elected in the managing bodies.
- To participate in all the events organised by the Association, to submit proposals and opinions about the work of the Association and its improvements, to support ones opinion.
- To receive services aimed at securing local government interests.
- To receive expert conclusions on legal, administrative, technical and control matters.
- To receive services aimed at training of local government members and employees.
- To receive assistance in social protection of local government employees.
- Duties of the LALRG members:
- To observe the Statutes of the Association.
- To pay membership fees to the Association.
- To organise discussion of the issues brought by the Congress, the Council and the Board in the respective local government.
5. Convocation of Assembly and decision-making
- The Assembly is the highest decision-making institution of the Association.
- The Assembly is convened once in a year.
- The Board selects time and place of the Assembly meeting. The time and place of the meeting should be conformed as far as possible to the time and place of the Congress.
- The Chairperson of the Association immediately convenes the extraordinary Congress, if it is requested in written (explaining the reason) by not less than one tenth of the members of the Association.
- All members have the rights to participate in the Assembly. The Chairperson of the local government or nominated person can represent members in the Assembly. Only the deputies of local government can be nominated as the delegates of the Congress. The mandate should be drawn up in writing and should be attached to the minutes of the Assembly.
- The Assembly is convened by the Chairperson of the Association. The time, place and agenda of the Assembly are announced by the Chairperson not later than one month before the Assembly. The materials for the participants of the Assembly are sent not later than two weeks before the Assembly.
- The Assembly is competent if more than one half of the LALRG members are represented.
- If the Assembly is not competent due to the lack of quorum, the Chairperson of the Association reconvenes the Assembly with the same agenda within three weeks. Reconvened Congress can make decisions not regarding the number of delegates, but with the condition that at least two members should be present.
- The resolutions of the Assembly are to be approved by simple majority of the present delegates. Decision about the termination or continuation of the work of the Association is legitimate if it is approved by two thirds from the present members and if at least two thirds of local governments – members of the Association, have made the necessary decision.
- Only the Assembly is authorised to:
- approve and change the Statutes of the Association;
- decide upon the termination, continuation or reorganisation of the work of Association;
- examine decisions about non admittance of members by appeal procedure;
- approve the reports of the Revision Commission;
- decide upon other questions that, according to the legislation, are in the competences of the Assemblies.
6. The Congress – managing body of the Association
6.1. The Congress is the highest managing body of the Association.
- The Congress is convened at least once in a year.
- The Council determines time and place of the Congress.
6.4. The extraordinary Congress may be convened by the Chairperson of the Association if requested by the Council, the Board, the Revision Commission or one fifth of the LALRG members. The Congress shall be convened within one month. If the Congress is convened with the aim to decide upon the expression of distrust to the Chairperson, the Council also has the right to convene the Congress.
6.5. All members of the Association are entitled to participate at the Congress. Association members shall be represented at the Congress by the chairperson of the municipal council and the council's authorised deputies.
Association members shall be represented at the Congress with the following number of voting rights:
6.5.1. local governments with up to 5,000 inhabitants – one representative;
6.5.2.localgovernments with between 5,001 and 20,000 inhabitants – two representatives;
6.5.3. local governments with more than 20,000 inhabitants (except Riga City Council) – three representatives.
Riga City Council shall be represented at the Congress by six Riga City Council deputies elected by a decision of Riga City Council.
- The Congress is convened by the Chairperson of the Association. The time, place and agenda of the Congress are announced by the Chairperson not later than one month before the Congress. The materials for the participants of the Congress are sent not later than two weeks before the Congress.
- The Congress is competent if more than one half of the LALRG members are represented.
- If the Congress is not competent due to the lack of quorum, the Chairperson of the Association reconvenes the Congress with the same agenda within three weeks. Reconvened Congress can make decisions not regarding the number of delegates, but the number of delegates cannot be lower than one third of the LALRG members.
- The resolutions of the Congress are to be approved by simple majority of the present delegates.
- The sole competence of the Congress is to:
- Examine the report of the Council on activities and work of the Association as well as on the utilisation of its finances;
- Examine the Revision Commission report;
- Elect the Chairperson and the Revision Commission from the number of the delegates by secret ballot;
- Approve the deputy chairmen;
- Approve Resolutions on membership fees and procedure of payment;
- Organise the implementation of the Assembly decisions;
- Suspend the Chairperson and Revision Commission from duties;
- Approve Regulations of the Revision Commission;
- Approve political documents, guidelines and programs;
- Approve proposals, resolutions and recommendations;
- Approve reports from the committees, Chairperson and deputy chairmen, representatives in state and international institutions;
- Award by acknowledgement credential and badge.
6.11. The period of authority of elected institutions and officials is equal to the period of authority of self-government, if the Congress does not determine otherwise.
6.12. The Congress cannot express its opinion on the issues on which the opinions of self-government groups differ. The Deputy Chairperson has veto rights if he/ she is supported by more than a half of the delegates of respective group.
7. The Council – managing body of the Association
- The Association’s Council shall be elected from the total number of members for the fulfilment of the duties stipulated in the statutes. The Council shall be comprised of no more than 124 local government representatives.
- The activities of the Council are organised by the Chairperson.
- The meetings of the Council are to be held at least once a quarter.
- The Council is competent if more than one half of its members are represented.
- The Council approves its resolutions by simple majority.
- The Council shall be composed of the Chairperson of the Association and local government chairpersons, as well as six representatives of Riga City Council elected from among the deputies of Riga City Council.
- The Council:
- Elects the Board of the Association;
- Changes the number of Board members, suspends from the duties members of the Board;
- Organises realisation of the resolutions of the LALRG Congress;
- Establishes executive institutions and elects their managers;
- Establishes permanent committees and working groups and approves their heads and Regulations;
- Approves incomes and expenses estimate of the LALRG;
- Examines the most important questions connected with promotion of the main goals of the Association and general management of the events and the property of the Association, and approves resolutions on them;
- Makes decisions concerning utilisation of resources and property;
- Examines proposals of the LALRG Administration and passes resolutions on business activities based on the legislation as well as examines other proposals and applications;
- Establishes enterprises and approves their managers;
- Makes decisions on expropriation of real property;
- Approves Regulation of newspaper and its editor;
- Approves symbols of the Association;
- Approves the place and time of Assembly and Congress.
7.8. The Council cannot express its opinion on the issues on which the opinions of self-government groups differ. Deputy Chairperson has veto rights if he/ she is supported by more than a half of the delegates of respective group.
- The Board – managing body of the Association
- The Board shall be formed pursuant to representation from all types of self- government, permanent committees and various national regions. The Board shall be composed of no more than 15 members who are elected by the Council. The composition of the Board shall include the Chairperson of the Association, the Deputy Chairpersons of the Association, permanent committee chairpersons and the Deputy Chairperson of the Association’s Finance and Economics Committee.
- The Board is chaired and managed by the Chairperson of the Association.
- The Board:
- Authorises particular members, heads of permanent committees as well as authors of particular draft laws, normative acts to represent the Association and express its opinion on particular matter in the Parliament (Saeima), Cabinet of Ministers of the Republic of Latvia and other State authority institutions as well as international organisations.
- Approves the Administrative regulations of the Association.
- Approves the Administrative structure and the staff of the Association, as well as the salary fund.
- Organises the work groups and approves their chairpersons.
- Approves the design of the attributes of the association and its use.
- The Board meets not less than once in a month (usually on the first Tuesday of the month), and it is convened by the Chairperson of the Association.
- The Board can express its opinion, if more than a half of its members are present. The decisions are made by simple majority votes.
- The Board is chaired by the Chairperson of the Association or one of the deputy chairpersons who is authorised by the Chairperson.
9. Executive power
9.1. The executive body of the Association is the Chairperson of the Association.
9.2. Chairperson of the Association:
9.2.1. Conducts the work of the Association.
9.2.2. Conducts the work of the Congress, the Council and the Board.
9.2.3. Represents the Association.
9.2.4. Solves other questions that are not in the competences of the Congress, the Council or the Board, but are in the competence of the Association.
9.3. Any citizen of the Republic of Latvia may be elected to the post of the Chairperson, if this citizen has been elected as a deputy of local government of the current or previous convocation.
9.4. The Chairperson receives remuneration for his work, and this can be his/her only paid position. The salary of the Chairperson of the Association is equal to the salary of the Chairperson of Riga City Council determined by the Regulations of the Cabinet of Ministers.
9.5. If Congress expresses distrust to the Chairperson; re-election takes place before the end of his/her authority.
9.6. The Chairperson of the Association has two deputies, one from each self-government group who are elected during the Congress by representatives of the relevant self-government groups.
10. Other institutions
- The institutions of the Association are permanent committees and working groups.
- Permanent committees are established by the Council.
- The permanent committee by-law shall be adopted and committee members shall be appointed by the Council. A committee shall be composed of no less than seven members. Any member is entitled to nominate its representatives for work on a committee within the period stipulated in the committee by-law.
- Permanent committees:
- Assess situation;
- Evaluate draft legal acts;
- Prepare common positions in intervals between the Board meetings, Congresses and Assemblies.
- Prepare suggestions for the development of local governments.
- The Permanent Committees have rights to form working groups.
- Work groups are formed and their members are appointed by the Board and Permanent Committees, defining also their tasks.
- Working groups:
- Assess the situation,
- Prepare common position,
- Prepare suggestions.
11. Establishment of Structural Units
- For the fulfilment of the tasks of the Association, the Board can establish representations and other structural units (unions, associations, foundations, etc.). The structural units of the Association are not legal entities. They are functioning according to Regulations, drafted and approved by the Council.
- Structural Units:
- Nominate representatives to the LALRG committees and working groups;
- Develop position of the local governments associated in associations and unions, concerning the matters being considered at the Parliament (Saeima), Cabinet of Ministers and the Association;
- Cooperate with self-government associations and unions of foreign countries.
- Cooperate with self-government organisations of foreign countries.
- The control of the Association’s financial and commercial activities is managed by the Revision Commission and certified auditor that is selected by the Revision Commission. Certified auditor should be contracted to audit the financial and commercial activities and prepare auditing reports. The Revision Commission and the auditor are elected for 4 years.
- The Revision Commission works according to its Regulations approved by the Congress.
- The Revision Commission is elected by Congress and consists of 5 persons.
- Member of the Revision Commission cannot be the member of the Board.
- The Commission elects its chairperson from the number of its members.
- The Revision Commission and the auditor control the financial activities of the Associations and prepare suggestions for the improvement of financial and commercial activities.
- The Revision Commission controls the fulfilment of the resolutions of the LALRG Congress, the Council and the Board as well as observing of the Statutes.
- The report of the Revision Committee should contain information about the annual financial report, its conformity with the legislation, and Statutes, about the expenditures and whether all the relevant invoices are attached, about the balance sheet, and whether it shows the situation of the Association, whether the Chairperson of the Association has presented all the documents, invoices and other relevant documents necessary for the evaluation of annual report.
- The head of the Revision Commission or authorised person has rights to participate in all the activities of the Institutions of the Association.
- The Revision Commission makes its decision in the meetings. The Revision Commission can make decisions if more than a half of its members are present. The decisions are made by a simple majority vote.
- If the meeting is not attended by the particular number of members stated in the Article 12.10., for the examination of questions prepared for the meeting, the Head of the Commission reconvenes the meeting not earlier than 3 days after this meeting, but not later than 7 days.
- The Revision Commission prepares reports and submits them to the Assembly.
- The Revision Commission audits the activities at least once in a year.
13. Liquidation of the Association
- The activities of the Association expire according to the legislation.
- The Assembly appoints the liquidator of the Association.
- The beginning of the liquidation procedure is announced in accordance with prescribed procedure.
- Liquidators inform the Register of Enterprises about the decision to stop the work of the Association. The copy of the minutes of Assembly’s meeting and information about the liquidator should be attached.
- Creditors’ requests and other claims should be satisfied according to the legislation.
- The property and other assets that are left after the satisfaction of claims should be committed to the organisation with similar aims, and it is selected by the Assembly.
Chairperson A. Jaunsleinis
/Stamp – LATVIAN ASSOCIATION OF LOCAL AND REGIONAL GOVERNMENTS/