Translation for information only. This text is not a certified translation. Please refere to french text.
Section 4: Operation
Article L2121-7 Learn more about this item ...
Amended by Law no 2007-1787 of December 20, 2007 - Art. 21
The council meets at least once per quarter.
Upon renewal of general councils, the first meeting was held with full rights in early on Friday and no later than the Sunday following the ballot, after which the council has been elected to complete.
The council meets and deliberates the municipality office. It may also meet and deliberate, outright, in another place within the territory of the municipality, since this place does not violate the principle of neutrality, it offers the accessibility and security measures and it ensures the publicity of meetings.
Article L2121-8 Learn more about this item ...
In municipalities with 3500 or more inhabitants, the council shall establish its rules of procedure within six months after its installation.
The rules may be referred to the tribunal.
Article L2121-9 More information about this item ...
Created by Act 96-142 1996 -02 to 21 JORF February 24, 1996
The Mayor may convene the City Council whenever it sees fit.
It is required to convene within a period of thirty days when the reasoned request to do so by the State representative in the department or at least a third of council members in office in the municipalities of 3500 more inhabitants and the majority of council members in municipalities with fewer than 3,500 inhabitants.
In an emergency, the representative of the State Department may shorten this period.
Article L2121-10 More on this item ...
Amended by Act No. 2004-809 of August 13, 2004 - Art. 125 Official Gazette August 17, 2004 in force on 1 January 2005
Every summons is made by the mayor. She said the items on the agenda. It is mentioned in the record of proceedings, displayed or published. It is directed, in any form whatsoever, the homes of city councilors, unless they are choosing a different address.
Article L2121-11 More on this item ...
Created by Act 96-142 1996 -02 to 21 JORF February 24, 1996
In municipalities with fewer than 3,500 inhabitants, the notice shall be sent at least three clear days before the meeting.
In an emergency, the period may be shortened by the mayor, however, without being less than one clear day. The mayor shall report at the opening session of the municipal council that decides on the urgency and could decide to refer the discussion, for all or part of the agenda at a future meeting.
Article L2121-12 More on this item ...
Created by Act 96-142 1996 -02 to 21 JORF February 24, 1996
In the communes of 3500 inhabitants or more, an explanatory paper on matters submitted for deliberation must be sent with the invitation to council members.
If the decision concerns a public service contract, proposed contract or contract along with all the documents may, at its request, be available at City Hall by any Councillor in the conditions set by the bylaws.
The notice period is five clear days. In an emergency, the period may be shortened by the mayor without being however less than one clear day.
The mayor shall report at the opening session of the municipal council that decides on the urgency and may decide to refer the discussion, in whole or in part, to the agenda of a future meeting.
Article L2121-13 Learn more about this item ...
Each council member is entitled under his office, to be informed of the affairs of the municipality which are subject to deliberation.
Article 13-1, L2121 Learn more about this item ...
Created by Act 2004-809 2004-08-13 Art. 124 1 JORF August 17, 2004 in force on 1 January 2005
The town disseminates information among its members elected by the material means it deems most appropriate.
To enable the exchange of information on matters within its competence, the municipality may, under the conditions laid down by the deliberative assembly, make available to its members elected on an individual basis, information technology and telecommunications.
These provisions are applicable to public institutions of intercommunal cooperation.
Article L2121-14 More on this item ...
The council is chaired by the mayor and, failing that, by his deputy.
In meetings where the mayor's administrative account is discussed, the council elects its chairman.
In this case, the mayor may, even if no longer in office, attend the discussion, but it must withdraw the vote.
Section L2121-15 More on this item ...
At the beginning of each meeting, the council shall appoint one or more of its members to serve as secretary.
It can add to that or those secretaries auxiliaries, taken outside of its members, who attend meetings but not participate in deliberations.
Article L2121-16 More on this item ...
Created by Act 96-142 1996 -02 to 21 JORF February 24, 1996
The mayor has only the police of the meeting.
It may be expelled from the audience or arrest any person who disturbs order.
In case of a felony or misdemeanor, it provides a record and the prosecutor is immediately seized.
Article L2121-17 More about this item ...
Created by Act 96-142 1996 -02 to 21 JORF February 24, 1996
The city council shall be effective only when the majority of its members in office is present.
If, after a first call duly made under the provisions of Articles L. 2121-10 L. 2121-12, this quorum is not reached, the council was again summoned to at least three days apart. It then deliberates validly without quorum.
Article L2121-18 More on this item ...
The municipal council meetings are public.
However, at the request of three members or the mayor, the council may decide, without debate, a majority of members present or represented, he meets behind closed doors.
Without prejudice to the powers that the mayor holds under Article L. 2121-16, these sessions can be transmitted by means of audiovisual communication.
Article L2121-19 Read more about this item ...
Created by Act 96-142 1996 -02 to 21 JORF February 24, 1996
The aldermen have the right to present at meetings of the board of oral questions relating to the affairs of the municipality. In municipalities with 3500 inhabitants or more, the rules of procedure and established common rules for submission and consideration of these issues. In the absence of rules, they are set by the municipal council.
Article L2121-20 More on this item ...
A city councilor is unable to attend a meeting can give a colleague a written power of choice to vote in its name. The same councilor may hold only one office. The power is always revocable. Except in cases of illness duly noted, it may not be valid for more than three consecutive sessions.
The deliberations are taken by absolute majority of votes cast.
When there is a tie, except in cases of secret ballot, the chairman has a casting vote.
Article L2121-21 Learn more about this item ...
Amended by Act No. 2004-809 of August 13, 2004 - Art. 142 Official Gazette August 17, 2004
Voting shall be by public ballot at the request of a quarter of the members present. The record of proceedings contains the names of voters and the indication of the direction of their vote.
It is voted by secret ballot:
1 Either one third of the members present claims;
2 ° or when necessary to make an appointment or a presentation.
In the latter case, if no candidate obtained an absolute majority after two rounds of secret ballot, there shall be a third ballot and the election is held by a relative majority, in a tie, the election shall be the oldest.
The City Council may decide unanimously not to hold a secret ballot for appointments or presentations, unless law or regulation expressly providing that the voting system.
Article L2121-22 More about this item ...
The council may form during each session, committees to study the matter before the Board or by the administration, either at the initiative of one of its members.
They are convened by the mayor, who is president of law, within eight days after their appointment, or more promptly on the request of a majority of their members. In this first meeting, the commission shall appoint a vice-president who can summon and preside if the Mayor is absent or prevented.
In municipalities with more than 3500 inhabitants, the composition of various commissions, including commissions, and bidding the auction office, must respect the principle of proportional representation for the expression of pluralist elected within the municipal assembly.
Article L2121-22-1 Learn more about this item ...
Created by Act No. 2002-276 of February 27, 2002 - Art. 8
In municipalities with 50,000 or more inhabitants, the city council, when a sixth of its members so request, discusses the creation of a fact-finding and assessment, responsible for gathering evidence on a issue of municipal interest or to make an evaluation of a municipal public service. The same councilor can not join such a request more than once a year.
No mission can be created from 1 January of the calendar year preceding the year of the general renewal of municipal councils.
The Regulation lays down rules of procedure for submission and consideration of the request for the establishment of the mission, how it works, how its composition in accordance with the principle of proportional representation, the duration of the mission, which can exceed six months from the date of the resolution which created it, and the conditions under which it submits its report to council members.
Article L2121-23 Learn more about this item ...
Created by Act 96-142 1996 -02 to 21 JORF February 24, 1996
Discussions are listed in order of date.
They are signed by all members present at the meeting, or mention is made of the cause which has prevented them from signing.
Article L2121-24 Learn more about this item ...
The device of the city council taken on economic interventions under the provisions of Title I of Book V of Part I and Articles L. 2251-1 to L. 2251-4, as well as the deliberations approving an agreement for public service delegation, is the subject of an insertion in a local publication circulated in the town.
In municipalities with 3500 inhabitants or more, the device regulatory nature of the proceedings is published in a collection of administrative acts under conditions laid down by decree in Conseil d'Etat.
Article L2121-25 More about this item ...
Created by Act 96-142 1996 -02 to 21 JORF February 24, 1996
The minutes of the meeting was posted within a week.
Article L2121-26 More about this item ...
Amended by Ordinance No. 2005-650 of June 6, 2005 - art. 11 Official Gazette June 7, 2005
Any natural or legal person is entitled to ask for the minutes of the council, the budgets and accounts of the municipality and laws.
Anyone can publish under his responsibility.
The disclosure of the documents mentioned in the first paragraph, which may be obtained from both the mayor of the decentralized services of the State intervenes as provided by Article 4 of Law No. 78-753 of July 17, 1978.
The provisions of this section apply to public administration of Commons.
Article L2121-27 More about this item ...
In municipalities with more than 3500 people, advisers from outside the local majority that their request may have toll-free loan from a local joint. An implementing decree determines the terms of this provision.
Article L2121-27-1 Learn more about this item ...
Created by Act No. 2002-276 of February 27, 2002 - Art. 9
In the municipalities of 3500 inhabitants or more, when the common broadcast in any form whatsoever, newsletter of general information on the achievements and the management council, a space devoted to the expression of advisers' s not belonging to the local majority. The procedures for implementing this provision are defined by the rules.
Article L2121-28 More about this item ...
Created by Act No. 2002-276 of February 27, 2002 - art. 14
I. - In the councils of municipalities with more than 100,000 inhabitants, the functioning of groups of elected officials may be subject to proceedings that can not be changed on this occasion, decisions concerning the system for compensation of elected officials.
II. - In these councils, groups are formed by the elected mayor delivered a statement signed by their members, together with a list of them and their representatives.
Under the conditions it sets, the council may assign groups of elected officials, for their own use or for common use, an administration office, office equipment and managing their documentation costs, courier and telecommunications.
The mayor may, under the conditions set by the council on a proposal from representatives of each group, assign groups to elect one or more persons. The council opens the budget of the town, with a chapter specifically created for this purpose, the funds necessary for these expenses, but they may not exceed 30% of the total compensation paid annually to members of the council.
The mayor is the spending authority above.
The elected head of each group of elected officials decide on the conditions and modalities of implementation of the service given that these employees are doing with these groups in the legislative body.
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Section 5: Powers
Article L2121-29 More on this item ...
Created by Act 96-142 1996 -02 to 21 JORF February 24, 1996
The council, by its deliberations the affairs of the municipality.
He gives his opinion whenever this notice is required under the laws and regulations, or are required by the State representative in the department.
When the city council, and required to regularly summoned refuses or neglects to give notice, it can be ignored.
The council expresses wishes on all items of local interest.
Article L2121-30 More on this item ...
Created by Act 96-142 1996 -02 to 21 JORF February 24, 1996
The council decides on the creation and implementation of schools and elementary and kindergarten classrooms after public notice of the State representative in the department.
Article L2121-31 More on this item ...
Created by Act 96-142 1996 -02 to 21 JORF February 24, 1996
The council shall adopt the administrative account which is presented annually by the mayor.
He hears, debate and adopt the accounts of recipients unless final settlement.
Article L2121-32 More on this item ...
Created by Act 96-142 1996 -02 to 21 JORF February 24, 1996
The council shall prepare each year a list of taxpayers eligible for designation as members of the municipal commission of direct taxes in accordance with section 1650 of the General Tax Code.
Article L2121-33 More on this item ...
City council shall appoint its members or delegates to serve on outside bodies in cases and conditions provided by the provisions of this Code and the legislation governing such bodies. The fixing of the said provisions of the duration of the functions assigned to those members or delegates shall not preclude that it can be made at any time and for the rest of this term, their replacement by a new appointment made in the same forms.
Article L2121-34 More about this item ...
Amended by Law no 2007-1787 of December 20, 2007 - Art. 13
Discussions of community centers for social action concerning a loan are enforceable, with the assent of the council:
1 When the amount borrowed does not exceed, or only meeting at the figure of other loans not yet repaid, the amount of ordinary income of the institution and the refund must be made within twelve years;
2 and provided that if any work is performed, the project has been previously approved by the competent authority.
An order of the State representative in the department is required to authorize the loan if the amount to be borrowed, either alone or joined to the previous loans not repaid, exceeds the amount of ordinary income of the institution, or if the refund is be completed within a period exceeding twelve years.
The loan can be authorized only by a reasoned order of the State representative in the department if the opinion of the council is unfavorable.
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