official translation official translation THE REPUBLIC OF LITHUANIA L A W ON THE STATUS OF THE COUNCILLOR OF THE MUNICIPAL COUNCIL 7 February 1995, No.I-790 Vilnius Article
- The Councillor of the Municipal Council The councillor of the municipal council (hereinafter referred to as "councillor") is a representative in the municipal council, who is democratically elected by the population. Article
- Legal Bases for the Councillor's Powers The rights and duties of the councillor are defined by the Constitution of the Republic of Lithuania, Law on Local Self- Government, this Law and the statute of the municipal council. Article
- The Term of Office of the Councillor The term of office of a newly elected councillor shall commence, and the powers of the previously elected councillor shall expire from the day that the newly elected municipal council convenes for the first sitting. Article
- The Expiration or Termination of the Councillor's Powers The councillor's powers shall expire or shall be terminated before the expiration of the term of office when: 1) the direct governing is being temporarily introduced into the local authority territory on the decision of the Seimas of the Republic of Lithuania; 2) the councillor resigns upon a written application; 3) the councillor does not participate in three council sittings in succession without a valid reason; 4) the court declares the councillor legally incompetent; 5) the court sentence on the councillor comes into force; 6) the councillor loses citizenship of the Republic of Lithuania; 7) the councillor loses a mandate of the councillor according to Article 76 of the Law on the Election to Municipal Councils; and 8) the councillor dies. Article
- Combining of the Councillor's Activities and Main Work The councillor shall exercise his powers usually without discontinuing the main work or service. For the length of time of the council or committee sittings, and in other cases provided for in the statute of the municipal council, the councillor shall be released from production or official duties. The payment which is not received at the principal place of employment for the time spent at council sittings shall be paid and expenses which are incurred during work in the council shall be compensated to the councillor in the manner prescribed by the council. Article
- The Councillor's Certificate and Insignia The councillor shall have a certificate and insignia. After the announcement of election results, the electoral committee shall issue a certificate to the councillor, and if he or she has become a councillor by filling in the vacancy - the certificate shall be issued to him by the mayor. The mayor shall present an insignia to the councillor. The councillor shall use the councillor's certificate and insignia for his term of office. A model of the councillor's insignia shall be approved by the council. Article
- The Rights of the Councillor The councillor shall have the right: 1) to elect and be elected to posts of self-government institutions in the manner prescribed by the Law on Local Self- Government; 2) to vote on all issues which are considered at the sittings of the council or the committee of which he or she is a member, except when property or money matters related with him are being settled; 3) to participate in discussions concerning all issues under consideration and to express suggestions, remarks, and amendments, vocally or in writing; 4) to propose issues to the council for consideration; 5) to prepare and submit for consideration draft decisions of the council; 6) to obtain the necessary information about the issues concerning the activities of the council; 7) to submit inquiries; 8) to pose, during sittings, questions to the reporter; 9) to submit proposals concerning the order of work of the sitting; 10) to attend sittings of the council committees and commissions, as well as board sittings at which issues submitted by him are being considered; and 11) to make use of the municipal radio, television and press free of charge in the manner prescribed by the council. Article
- The Inquiry Made by the Councillor An inquiry shall be considered such a question which is assigned to the competence of the local authority, and concerning which the councillor or the group of them addressed an officer of the local authority, head of an enterprise or organisation of the local authority during a council sitting. A question, the significance whereof is recognised by voting of the majority of the councillors participating at the sitting may also be considered as an inquiry. The councillor or the group of them may vocally or in writing address the inquiry to the mayor, officers who are elected or appointed by the council, and heads of enterprises and organisations of the local authority. The presenter of the inquiry must specify the individual officer, whom he or she addresses and to indicate what type of a reply - oral or written - he or she expects. The period within which a reply to the inquiry must be given cannot exceed 10 days. In the event that the officer to whom the inquiry is addressed cannot reply within the established period, he or she must give a written substantiation thereof and propose a new date, but no longer than within one month from the day of the lodging of the inquiry. Inquiries shall be considered at council sittings and decisions concerning them shall be adopted. The procedure for consideration of inquiries shall be established by the council statute. Article
- Participation of the Councillor in Sittings The councillor must participate in sittings of the council and committees. If he or she is not able to attend a sitting, he or she must inform the mayor or the deputy mayor, or the chairman of the committee about this, stating the reason for absence. A single councillor can be a member of only one committee. Article
- Meetings of the Councillor with His Constituents In the procedure established by the statute, the councillor must hold meetings with his constituents, consider proposals, appeals, and complaints received from the constituents and, if necessary, to address the heads of enterprises, organisations and institutions, located on the territory of the local authority, for consideration of the raised issues. Officials to whom a councillor's appeal was addressed including proposals, appeals and complaints of constituents must consider them and reply the councillor within 20 days of the receipt thereof. Executive institutions of the local authority, heads of enterprises, institutions and organisations located on the territory of the local authority must provide the councillor with conditions enabling them to meet with constituents, as well as must provide them with other necessary assistance and information. Article
- Factions of Councillors Councillors may unify into factions for the implementation of their political aims. A faction shall consist of at least three members. A councillor can be a member of only one faction. Factions may join into coalitions and act as one faction. Factions shall establish their own working procedure, and elect a head. Councillors who wish to form a faction shall present an application, signed by them, to the mayor. The mayor must announce the establishment of the faction at the next council sitting. The mayor shall be notified in writing of any changes in the name, composition or leadership of the faction, of the termination of the activities of the faction or its break-up, as well as of formation of the coalition; the mayor shall announce such information at the next council sitting. Article
- The Activities of the Councillor on the Territory of the Local Authority The councillor shall have the right to unrestricted access of all enterprises, institutions and organisations located on the territory of the local authority. The visitation procedure for enterprises, institutions and organisations whose activities are associated with state secrets shall be established by laws. The councillor shall have the right to demand to be received without delay at enterprises, institutions and organisations located on the territory of the local authority concerning issues which pertain to his activities, as well as the right to be provided with necessary information. Upon establishing that civil rights, laws and decisions of the council have been violated, the councillor shall have the right to demand that the violation be corrected, or may address the appropriate institutions and officials. If the legitimate demands of the councillor are not carried out, a disciplinary punishment may, according to the procedure established by the law, be imposed on the official who is responsible. Article
- The Immunity of the Councillor The councillor cannot be persecuted for his or her voting or speeches in the council, however, he or she may be called to account according to the general procedure if he or she is guilty of personal insult or slander. The administrative or legal action may be judicially brought against the councillor, like any other citizen. A measure of suppression - arrest - cannot be applied to the councillor without the consent of the council, except in cases when he or she is caught in the act of committing a crime. If within 72 hours the council does not give a consent to arrest the councillor, the final decision shall be adopted by the Prosecutor General of the Republic of Lithuania. Article
- Entering into Force of the Law This Law comes into force the day following the elections to the municipal councils of the Republic of Lithuania. Upon entering into force of this Law, the Law of the Republic of Lithuania on the Status of the Deputy of the Municipal Council. I promulgate this Law enacted by the Seimas of the Republic of Lithuania PRESIDENT OF THE REPUBLIC ALGIRDAS BRAZAUSKAS