Minutes of the extraordinary plenary session celebrated by the Councilors of the Corporation the 27th June 2011:
Fourth Point: To account for the Mayoralty’s Decree by appointing the members of the Government Council and their attributions:
By the Mayoralty, it is accounted for the Corporation the Decree nº 285/2011 the 16th June by which it is appointed the members of the Government Council and their attributions:
“Constituted the new Corporation, in extraordinary plenary session celebrated the 11th June 2011, as consequence of the local elections summoned by Royal Decree of 426/2011, the 29th March 2011 and celebrated the 22nd May 2011, it is considered to proceed to determine the new regime of organization and functioning of this City Council, in which it is found the Local Governing Board as the organ of necessary character in the Townships that have a de jure population higher to 5000 inhabitants according to the article 20.1 c) of the Law 7/1985 the 2nd April, Regulatory of the Regulations of the Local Regime.
According to the agreed in the article 23 of the LRBRL the Local Governing Board will be formed by the Mayor, who presides it and by a number of Councilors not superior to the third part of the legal number of they, appointed and separated freely by the Mayor.
It has as own and non-transferrable function the permanent assistance to the Mayor in the exercise of its attributions, as well as other delegated by the Councilors or the Mayor or in the case it is attributed with the Laws.
By virtue, in use of the faculties that this Mayoralty confers to the articles 23 of the Law 7/1985 the 2nd April, Regulatory of the Regulations of Local Regime, in relation to the articles 43.2, 52 and 53 of the Royal Decree 2568/1986 the 28th November, by which it is approved the Regulation of Organization, Functioning and Legal Regime of the Local Entities, I come, to arrange:
FIRST: The Local Government Board of the City Council of Benalup-Casas Viejas, as the collegiate organ of necessary character that will be integrated by this Mayoralty Presidency, which will preside it, and by the following Councilors:
- Mrs. Amalia Romero Benítez.
- Mr. Sebastián Sánchez Estudillo.
- Mr. Manuel José Moguel Pérez.
- Mrs. Ana Mª García Macias.
SECOND: The Local Governing Board will assume the functions of assistance and counseling to this Mayoralty which directly attributes the articles 23.2 of the LRBRL and 53.1 of the ROF, as well as those directly attributed by the laws, and by the delegation of this Mayoralty will assume the following competences:
- Approving the offer of public employment according to the Budget and the workforce approved by the Plenary session, to approve the regulations of the tests for the staff selection and for the contests of provision of job positions and to distribute the complementary retributions which are not fixed and periodical.
- The hiring and concessions of any kind whenever the sum is not higher to the 10 per cent of the ordinary resources of the Budget nor, in any case, the 6.010.121,04 Euros; included those of long-term character when their duration is not higher to four years, as long as the accumulated amount of all their annual payments do not exceed the indicated percentage, referred to the ordinary resources of the Budge of the first exercise, nor the noted amount.
- The approval of the construction and services projects when they are competent for their hiring or concession and they are foreseen in the Budget.
- The acquisition of goods and rights when their valor does not exceed the 10 per cent of the ordinary resources of the Budget nor the 3.005.060,52 Euros, as well as the alienation of the patrimony does not exceed the percentage nor the amount indicated in the following budgets:
The real estate budget, as long as it is foreseen in the Budget.
The chattel, excepting those declared of historical or artistic valor whose alienation is not foreseen in the Budget.
- The provision for licenses, excepting the case the sectorial laws attribute them expressly to the Plenary or to the Government Committee.
- The approvals of the planning tools of development of the general planning not expressly attributed to the Plenary, as well as those tools of urban management and those of urban projects. Only in the assembly of Local Government.
THIRD: The Local Government Council, prior call made by the Mayoralty, will celebrate ordinary sessions every week.
In any case, the Mayoralty is authorized to delay or advance the celebration of the sessions, as well as to cancel with a justified reason.
FOURTH: In the agreements adopted by the Local Government Council by delegation, it is a must to make known this circumstance and will be understood as enacted by this Mayoralty as the owner of the original competence, being immediately executives.
Despite this, this Mayoralty keeps the possibility to advocate any time the delegated competence, according to the established in the articles 116 of the ROF, in relation to the article 14 of the Law 30/1992 the 26th November, of Legal Regime of the Public Administrations and of the Common Administrative Procedure.
FIFTH: The legal regime of the current delegation will be foreseen with general character in the articles from 114 to 118 of the ROF, excepting that related to the resource of reposition, which will be resolved by the delegated body.
SIXTH: No notify the current Decree to the affected Councilors, which will be in force since the following day to the sign, with no prejudice of its publishing in the Official Bulletin of the Province and in the Bulletin of the City Council of Benalup-Casas Viejas.
SEVENTH: To account for the current Decree to the Plenary of Councilors of the City Council, in the extraordinary plenary session called in compliance with the disposed in the article 38 of the ROF, for the purpose to make its content public.
The Corporation is acknowledged