T5:  Formalisation Of Membership In The Institutional Working Group template

Note: This template was used for the formaisation of the Institutional Working Group in Serbia (2018)

Based on Article ___of the Statute of city/municipality/city municipality__________[1] (Official Gazette_________, number_______) and Article____of the Rules of Procedure of the Municipal/City Assembly __________[2] (Official gazette___________, number_____) and Article 20, paragraph 1, points 29 and 32 of the Law on Local Self-Government[3] (Official Gazette of Republic of Serbia, no. 129/2007), the Assembly of municipality/city, Protocol on cooperation between the Council of Europe, Ministry of Construction, Transport and Infrastructure and Municipality/City_____, has at the session held on _____2018 passed,

Alternative 1[4]: Based on Article ___of the Statute of city/municipality/city municipality __________[5] (Official Gazette_________, number_______) and Article_____of the Rules of Procedure of the Municipal/City Assembly __________[6] (Official gazette___________, number_____) and Article 20, paragraph 1, points 29 and 32 of the Law on Local Self-Government (Official Gazette of ______, no. ______), Memorandum of Understanding between the __________ and Municipality/City_____, the Assembly of municipality/city _______has at the session held on _____2018 passed

DECISION

ON ESTABLISHMENT OF THE INSTITUTIONAL WORKING GROUP OF THE “ROMACTED PROGRAMME – PROMOTING GOOD GOVERNANCE AND ROMA EMPOWERMENT AT LOCAL LEVEL”

Status of the Taskforce

Article 1

The Institutional Working Group of the “ROMACTED Programme – Promoting good governance and Roma empowerment at local level” as [provisional/permanent/special][7] working body of the Municipal Assembly (hereinafter: Institutional Working Group).

Alternative: The Institutional Working Group of the ROMACTED Programme is established as a specialised working body of the Municipal/City Council.[8]

Members of the Institutional Working Group

Article 2

The Institutional Working Group shall have (number) members.

Members of the Institutional Working Group are:

1.       Contact person for the ROMACTED Programme appointed by the city mayor/president of municipality, who is at the same time the coordinator of the municipal taskforce

2.       Coordinator for Roma issues employed/engaged with the Municipal/City administration[9]

3.       Head of social affairs

4.       Head of public services inspection

5.       Head of budget department

6.       Representative of centre for social work _______

7.       Other representatives of local self-government unit and other institutions that can contribute to realisation of priorities defined by the Community Action Groups of the ROMACTED Programme (representatives of Roma community)

The Municipal/City Assembly passed the administrative decision on appointment of the Institutional Working Group members at the proposal of the Municipal/City Council.[10]

Alternative 1 for paragraph 4: Municipal/City Council[11] passes the administrative decision on appointment of the Institutional Working Group members.

Alternative 2 for paragraph 4: President of the municipality/City mayor[12] passes the administrative decision on appointment of the Institutional Working Group members.

Experts and representatives of other bodies or organisations can be invited to the meetings of the Institutional Working Group if necessary, to inform members of the Institutional Working Group about a certain issue (e.g. protector of citizens, representatives of other bodies, representatives of the civil society organisations, media, etc.)

Duties of the Institutional Working Group

Article 3

The duties of the members of the Institutional Working Group are to:

-          participate in the development and implementation of joint activities/plans with the Community Action Group of the ROMACTED Programme, the facilitator and the national ROMACTED team;

-          ensure constant communication and cooperation with the representatives of the Community Action Group of the ROMACTED Programme, the facilitator and the national contact person for the ROMACTED Programme, directly or indirectly through a responsible person;

-          participate in workshops and training sessions organised by the facilitator and/or national contact person for the ROMACTED Programme within the planned ROMACTED Programme activities;

-          support attainment of positive changes in the current administrative practices (assessed as such both by the local self-government employees and the Roma community), which result from the above listed training sessions and dialogue with the Roma community;

-          actively support and take part in assessing the results and impact that the programme is generating in the field;

-          provide timely information to the city mayor/council about the progress of programme`s implementation through the Institutional Working Group coordinator, and ensure that all proposed decisions are taken into consideration and presented to the decision makers for consideration;

-          exchange information on ongoing activities and initiatives within the jurisdiction of all institutions whose representatives are members of the Institutional Working Group, and exchange of data in line with the regulations on protection of personal information;

-          contribute to preparation or review of the Local Action Plan for social inclusion of Roma men and women together with the Community Action Groups from the Roma community that were established under the ROMACTED Programme, and support adoption of the document by the Municipal Assembly;

-          see to integrate, as much as possible, the Local Action Plan for social inclusion of Roma men and women into overall strategic development documents of local self-government;

-          support implementation of the Local Action Plan for social inclusion of Roma men and women, including activities that are integrated in the municipal development strategies by suggesting reallocation of local resources, as well as by ensuring, if and when possible, other sources of funding, including the EU funds.

-          point out to the competent bodies cases of discrimination in the municipality/city;

-          promote and support inclusion of Roma into the decision making process at the local level (particularly into the municipal/city bodies, school boards, parents’ councils, etc.);

-          initiate decisions of the competent municipal/city bodies and other bodies and organisations that improve the status of Roma;

-          participate in the activities that promote interculturality and inform the entire population of the municipality/city about the Roma culture;

-          inform the public about its activities and about the Roma status in ______ [municipality/city];[13]

-          undertake all other activities aimed at improving Roma status in ______ [municipality/city], in line with the law and general acts of the municipality/city.

Operating funds

Article 4

The municipality/city shall provide funds for the work of the Institutional Working Group.

Members of the Institutional Working Group shall not receive special remuneration for their work in the Institutional Working Group.

Rules of procedure of the municipal taskforce

Article 5

The Institutional Working Group shall carry out its duties in line with the provisions of the Statute and the Rules of Procedure of the Municipal Assembly on the working bodies.

The matters not regulated by the acts referred to in paragraph 1 of this Article shall be regulated by Rules of Procedure that the Institutional Working Group adopts by majority of the entire membership.[14]

Alternative:

The Institutional Working Group shall carry out its duties in line with the provisions of the Statute and the Rules of Procedure of the municipal/city Council.

The matters not regulated by the acts referred to in paragraph 1 of this Article shall be regulated by Rules of Procedure that the municipal taskforce adopts by majority of the entire membership.[15]

Reporting

Article 6

The Institutional Working Group shall submit the annual report to the Municipal Assembly based on the adopted annual work plan by 1 March of the current year for the previous year.

Alternative for paragraph 1 [If the Municipal/City Council makes this decision]:

The Institutional Working Group shall submit the annual report to the Municipal/City Council by 1 March of the current year for the previous year.

The Institutional Working Group shall submit monthly reports on its work to the member of the Municipal/City Council responsible for social affairs.

The member of the Municipal/City Council shall give his/her opinion on the annual work report of the municipal taskforce.

The annual report shall contain information about the work of the Institutional Working Group and its assessment of Roma status in _______ [municipality/city]. 

If necessary, the Institutional Working Group may submit a special report to the Municipal/City Assembly.

Alternative for paragraph 6 [If the Municipal/City Council makes this decision]: If necessary, the Institutional Working Group may submit a special report to the Municipal/City Council.

Entry into force

Article 7

This decision shall be published in the Official Gazette ____________ [official gazette in which the decisions of Municipal/City Assembly are published.]

The decision shall enter into the force on eight day following the date of publication.

Municipal/City Assemblies shall pass an administrative decision on appointment of the Institutional Working Group members within two months[16] following the date the decision entered into the force.

Alternative for paragraph 3: Municipal/City Council/president of the municipality/city mayor shall pass an administrative decision on appointment of the Institutional Working Group members within two months following the date the decision entered into the force.[17]

EXPLANATION

(Example from Serbia)

ROMAСTED Promoting good governance and Roma empowerment at local level, implemented by the Council of Europe and the European Union, provides for establishment of so-called Institutional Working Group of the ROMACTED Programme in 11 selected pilot municipalities/cities aimed at improving communication and coordination of activities, as well as improving work efficiency of the services that deal with the Roma problems at the local level. This objective is in line with the Strategy for Social Inclusion of Roma men and women in the Republic of Serbia 2016-2025 and the local action plans for improvement of Roma status adopted in a large number of municipalities and cities. Signatories to the protocol on cooperation in implementation of the ROMACTED Programme in Serbia are vice presidents of the Government of the Republic of Serbia and Minister of construction, transport and infrastructure of the Republic of Serbia and the chairwoman of the Coordination body for implementation and monitoring of realisation of the Strategy for social inclusion of Roma men and women in Serbia 2016-2025 prof.dr. Zorana Z. Mihajlović, Tim Cartwright, head of the Council of Europe’s Office in Belgrade, and ___________ president of the municipality/city mayor ____________.

Furthermore, improvement of the social and economic status of Roma has been also recognised as an important objective in the documents of the European Union – European commission and the European Parliament - that also oblige candidate countries (such as EU Framework for National Roma Integration Strategies (COM/2011/0173 final)) and the Council of Europe of which Serbia is the member (see Strasbourg Declaration on Roma (CM(2010)133 final).

1.    Besides the pilot municipalities that participate in the programme, this model has been devised so that it can be implemented in all municipalities and cities of Serbia.

Legal grounds

2.    Having in mind that the members of the Institutional Working Group of the programme are representatives of different bodies, institutions and organisations, some of which are established by the Republic, and some by the local self-government units, it would be desirable to consider the possibilities for establishment of the appropriate institutional framework that are provided by the valid regulations. Three possible solutions were considered: 1) establishment of legal grounds for formation of the Institutional Working Group; 2) conclusion of a memorandum/agreement on cooperation between the bodies and institutions involved; and 3) formation of Institutional Working Groups by the local self-government bodies.

3.    By comparing similar inter-departmental bodies working in different areas at the local level (primarily, inter-departmental commissions for assessment of the needs for additional educational, healthcare and social support to a child or student, the Employment council or Public health council), it has been concluded that formation of these bodies by the local self-government body is laid down by the laws regulating a certain area (more precisely, by the Law on Foundations of Educational System – Official Gazette of Republic of Serbia, no. 72/2009, 52/2011, 55/2013; the Law on Employment and Unemployment Insurance – Official Gazette of Republic of Serbia, no. 36/2009, 30/2010, 88/2010 and the Law on the Rights of Patients – Official Gazette of Republic of Serbia, no. 45/2013). But, since Roma inclusion is a matter relating to many areas of life, it is difficult to find a single law that would lay down formation of such a team.

4.    Our legal system doesn’t contain a single regulation (legislation) that generally regulates establishment of inter-departmental bodies between different levels of authority. For example, Article 64 of the Law on State Administration (Official Gazette of Republic of Serbia, no. 79/2005, 101/2007, 95/2010) regulates the method for establishment of joint bodies and project groups in which several bodies of state administration participates, but it doesn’t regulate the method of establishment of joint bodies or groups in which bodies from different levels of authority participate (e.g. at local or province level).

5.    Furthermore, the Constitution of the Republic of Serbia (Official Gazette of the Republic of Serbia, no. 98/2006) sets forth authentic jurisdiction of the local self-government units to look after the exercise, protection and improvement of human rights and minority rights. That jurisdiction is also laid down in the Law on Local Self-Government, together with the provision of support to the development of different forms of self-assistance and solidarity with the persons who are substantially in a position of inequality with other citizens (Article 20, paragraph 1, points 29 and 32). All the listed competences of the local self-government are exercised by establishment of these Institutional Working Groups and additional legal framework is not needed.

6.    The conclusion of the memorandum/agreement between different bodies, institutions or organisations by which this kind of taskforce (or a similar body) would be established is not characteristic of our legal system. Such agreement couldn’t achieve effects expected from such a legal act, and that is institutionalisation of local teams for Roma inclusion.

7.    For the reasons listed in points 4 and 5, the model presented here entails establishment of the Institutional Working Group of the ROMACTED Programme by the local self-government bodies. It is recommended to have the Municipal/City Assembly establishing the Institutional Working Group. The Municipal Assembly is the only local self-government body that is under the Law on Local Self-Government authorised to enact general legal acts. On the other hand, having in mind that some of the proposed members are employed or will be employed in the institutions founded by the Municipal Assembly (centre for social work, schools, healthcare centres), it is natural to have the Assembly pass this decision.

8.    The Statutes of cities and municipalities also provide that the Municipal/City Council can establish expert advisory bodies to perform tasks and duties under jurisdiction of the Council, so apart from the recommended model where the Municipal Assembly is the decision maker, an alternative is suggested where the Municipal Council is the decision maker. However, as these are the bodies that would perform tasks and duties “within the jurisdiction of the Council”, and not within the jurisdiction of the local self-government in general, passing of the decision by the Municipal Council is not the best i.e. the most adequate alternative.

Status of the Institutional Working Group (Article 1)

9.    The Statutes of cities and municipalities provide different possibility for establishment of Municipal Assembly’s working bodies. In this respect, the solution possible under the valid Municipal/City Statute i.e. the solution not requiring amendments to the Statute should be used.

10. The analysis of a certain number of Municipal/City Statutes revealed that the taskforce could be a temporary working body of the assembly, since a higher number of Statutes provides for a fixed number of permanent working bodies, while such limitation is not in place for the temporary bodies. Furthermore, a certain number of statutes provide that members of permanent bodies must exclusively be councillors, i.e. that only councillors can chair these bodies, which is not consistent with the planned structure of the Institutional Working Group. A portion of statutes provides the possibility to establish new permanent working bodies. This option should be used where it is possible, having in mind the need for sustainability of these teams.

11. Some of the statutes provide a limited list of working bodies’ titles (e.g. councils, commissions, boards) and that would require changing the name of the body that is being established, although majority of the statutes provide an option where the working bodies can have different names.

Members of the Institutional Working Group (Article 2)

12. The membership of the Institutional Working Group is defined in line with the Programme and priority problems of Roma community. As the members of the municipal taskforce can come from different institutions, their appointment (which will be subject of the administrative decision on appointment of members) can be carried out after consultations with the relevant managers of these institutions, as set forth by Article 2, paragraph 2.

13. As the local self-government body is the decision maker, it is proposed to have the contact person for the ROMACTED Programme coordinating the work of the Institutional Working Group, in line with the signed Cooperation Protocol.

14. Having in mind the possibility that the function exercised by the persons appointed to the Institutional Working Group can terminate, recommendation is to appoint members of the Institutional Working Group by a separate act – administrative decision that, besides the Municipal Assembly, can be passed by the Municipal Council and President of the Municipality. Enactment of this decision by the executive bodies will most certainly be a more efficient and faster alternative, as it was explained in the comments to Articles 2 and 7 where a model of this solution was presented.

Duties of the Institutional Working Group (Article 3)

15. Recommended competence of the Institutional Working Group was defined after consultations with relevant institutions – competent ministries in the area of social policy and with the representatives of pilot municipalities and cities.

Operating funds (Article 4)

16. The objective of establishment of the Institutional Working Group is coordination of activities that different institutions are implementing at the local level, responding to the community needs and implementation of activities in line with a joint plan of activities with the representatives of the Community Action Groups. Members of the Institutional Working Group, except joint meetings, should not be in charge of any additional activities that are not defined by their job description. Therefore it is not necessary to ensure additional funds for the teams, other than the meeting rooms, preparation of meeting materials, etc. that should be provided by the local self-government.

17. All members of the municipal taskforce receive salaries or remuneration for their work within their current employment, and additional remunerations for work in the municipal taskforce are not needed.

Rules of Procedure of the Institutional Working Group (Article 5)

18. As a working body of municipal Assembly, the Institutional Working Group will observe the rules for functioning of working bodies that are defined by the Municipal Assembly in the Statute and Rules of Procedure. Additionally, a model of the Rules of Procedure of the Institutional Working Group that regulates its functioning in more detail has been proposed.

Reporting (Article 6)

19. The Institutional Working Group should submit annual work reports to the body that appoints it. Additionally, the Institutional Working Group can submit special reports on issued under its competence that it finds particularly important or urgent.

Entry into force (Article 7)

20. Proposed provisions relate to the usual method of publicising decisions of the Municipal Assembly. Set deadlines for appointment of the Institutional Working Group members should provide for fast establishment of the Institutional Working Group and commencement of the planned activities.