LOCAL GOVERNMENT

YO.- MUNICIPAL LEGISLATIVE, ORGANIZATIONAL AND ADMINISTRATIVE

FRAMEWORK

The Municipalities, so that they can fulfill their Municipal Competencies, which are

the set of Functions attributed by the Political Constitution of the State and developed

in the Organic Law of Municipalities, must have a general framework that every

Public Administration tends to decide, freely or no, certain matters such as legal and

administrative matters; such as legal norms and administrative powers, with the

purpose of each Municipality becoming a guarantee institution; providing well-being

to neighbors through adequate provision of Local Public Services and the execution

of Local Infrastructure Works to satisfy the growing needs of the Population.

In the development of Local Government Management, the existence of differences

and/or deviations that negatively affect the fulfillment of objectives and goals has

been detected. Such aspects become repetitive and failure to overcome them in a

timely manner can not only exacerbate existing deficiencies but also cause problems

of greater magnitude.

With the use of technical regulatory instruments, it will enable Provincial and District

Municipalities to properly manage human, economic and financial materials, as well

as reflect with great transparency the results of Municipal Management.

1.1 BACKGROUND

1
The Municipalities as Local Government Bodies, are assigned, among other

functions, the organization, regulation and, where appropriate, the administration of

the public services under their responsibility, such as the planning of urban and rural

development and the execution of local infrastructure works to satisfy the growing

demands. needs of the population of our country. The development of these

functions requires financing, it is therefore advisable to review the current regulations

on Municipal Revenues, to measure the degree of spending capacity and possibilities

of seeking other sources of financing, such as debt or donations.

1.2 MUNICIPALITIES: ENTITIES IT INCLUDES AND THEIR LEGAL

REGULATION.

Municipalities are Decentralized bodies corresponding to the levels of Local

Government, which emanate from the popular will. It is a legal entity governed by

public law with Political, Economic and Administrative autonomy in matters within its

jurisdiction.

Municipal autonomy consists of the capacity for independent management within the

matters attributed to the Municipality. That is, municipal autonomy is the ability to

decide and order (self-regulate), within its exclusive functions and powers that cannot

be exercised by any other institution.

Municipal autonomy has three dimensions that consist of being given authority to

enforce all the matters that the Law has entrusted to them to promote local

development.

2
POLITICAL AUTONOMY.- As an element of Local autonomy, they can issue norms

with the nature of material Law, such as Ordinances, they are the ones that will

decide what will be done. So the Municipalities are constitutionally empowered to

decide what to do to achieve Local development.

ADMINISTRATIVE AUTONOMY.- is reflected in the possibility of issuing regulations,

administrative acts; in the internal organization. In contracting and execution of

decisions; These are several ways in which administrative autonomy is manifested.

ECONOMIC AUTONOMY.- occurs in two aspects; in the possibility of generating its

own resources and, secondly, in having the resources it has. Regarding the first, one

of the most important means is Municipal Taxation in the exercise of Tax power and

deciding on its budget.

TYPES OF MUNICIPALITY

There are three types of municipalities

1. Provincial Municipalities , exercise local government in the provincial

demarcations

2. District Municipalities, exercise local government in the district boundaries.

3. Municipalities of Centro Poblados are created by provincial municipal ordinance

and exercise delegated functions, which are established in the ordinance that creates

them. To fulfill their functions, provincial and district municipalities must allocate

economic resources to them on a monthly basis.

There are municipalities that, due to their particular characteristics, are subject to

3
special regimes such as the Municipality of Metropolitan Lima, those located in

border areas and Municipalities located in rural areas. The Organic Law of

Municipalities 27972 establishes a special title - Title XI -, with the aim of promoting

municipal development in rural areas.

The Municipality.- It is the state institution, with legal status, empowered to exercise

the government of a district or province, promoting the satisfaction of the needs of

the population and the development of its area.

The Municipality.- It is considered as the entity that brings together three

interrelated components: The population, the territory and the local organization.

The Municipal Council.- Constitutes a municipal government body that fulfills

regulatory and oversight functions, made up of the mayor and the councilors.

Municipality Mission

It is contained in the Organic Law of Municipalities, which establishes that its purpose

is defined by three elements:

Be an instance of representation.

They are the citizens, who democratically decide to grant a mandate so that both

mayors and councilors assume their representation in the leadership of the local

government, said mandate is subject to a set of rules, which, if not fulfilled, can

generate the withdrawal of citizen trust and therefore the breakdown of the legitimacy

to exercise said representation. In this sense, the round-trip link that must exist

between the municipal authorities and the population becomes important, in such a

way that the population is allowed to be informed, intervene in management matters

4
and the municipal authorities exercise the mandate for which they were elected, with

efficiency and transparency.

To be a promoter of sustainable integral development

The Municipality, as a local government body, is the entity called and empowered to

lead the management of the comprehensive development of its area, whether district

or provincial. Understanding sustainable comprehensive development as a process

of improving the quality of life of the population, where the person, especially those in

conditions of poverty and exclusion, becomes the center of attention of all efforts as

long as this does not compromise the quality of life of future populations.

Be a public service provider

Understood as those services provided by the municipality, which allow citizens,

individually or collectively, to be attended to certain needs that are of public interest

and serve the well-being of all.

1.3 MUNICIPAL ORGANIZATION

GOVERNING AND MANAGEMENT BODIES

It is made up of the Mayor's Office and the Municipal Council.

Mayor's office

It is the executive body of the local government, led by the Mayor, who is the legal

representative of the Municipality and its highest administrative authority.

The municipal legal framework concentrates various powers in the mayor, granting

him very strong power over the Municipal Council. Among other aspects, it grants a

majority to its political group regardless of the percentage of votes obtained during

5
the electoral process, as well as the power to preside over the Municipal Council and

have a casting vote.

Among the most important powers indicated by the Organic Law of Municipalities, we

can mention:

 Call, preside and conclude the sessions of the municipal council.

 Execute the agreements of the municipal council, under responsibility.

 Propose draft ordinances and agreements to the municipal council;

 Promulgate the ordinances and arrange for their publication.

 Direct the formulation and submit for approval by the council the

comprehensive local sustainable development plan and the investment

program agreed upon with civil society, and direct its execution.

 Approve the municipal budget, in case the municipal council does not approve

it.

 Defend and protect the rights and interests of the municipality and neighbors.

 Celebrate the acts, contracts and agreements necessary for the exercise of

their functions.

 Propose to the municipal council the creation, modification, suppression or

exemption of contributions, rates, excise taxes, rights and licenses.

 Resolve as a final administrative instance the matters within its jurisdiction in

accordance with the Single Text of Administrative Procedures of the

Municipality.

However, it is necessary to remember that the Mayor, although he has a set of

powers established in the laws, is fundamentally a representative of the citizens of

the municipality, that is, he is its first public servant, in In this sense, it has the

obligation to represent the interests of the population, defending and protecting their

rights, in an efficient and transparent harmonious relationship.

It constitutes a governing body that fulfills regulatory and oversight functions. It is

made up of the Mayor (sa) and the councilors.

Powers

Among its main responsibilities are:

to. Approve and monitor the following Management instruments:

 Concerted Municipal Development Plan

 Participatory budget

 Institutional Development Plan

 Internal organization regime of the municipality

 Territorial Conditioning Plan (provincial only)

 Urban Development Plan

 Rural Development Plan

 Local Environmental Management System

 The municipal council regulations

 Bills of your jurisdiction

 The annual budget and its modifications

 The Personnel Assignment Chart

b. Approve, modify or repeal ordinances.

c. Create, modify, delete or exempt contributions, rates, excise taxes, licenses and

rights.

d. Other important duties are:

7
 1. Declare the vacancy or suspension of the positions of mayor and councilor.

2. Approve bills of its jurisdiction.

3. Approve regulations that promote neighborhood participation.

4. Establish ordinary and special commissions.

5. Approve the annual balance sheet and management report.

6. Request the performance of special examinations, economic audits and other

control acts.

7. Authorize the municipal public attorney to initiate judicial proceedings against

officials, servants or third parties whom the Institutional Control Body has

found civil or criminal liability; as well as to represent the municipality in judicial

proceedings initiated against it, including its representatives.

8. Approve internal and external debts by qualified majority.

9. Approve the donation, sale or loan of your assets.

10. Approve the remuneration of the mayor and allowances of the councilors.

11. Arrange for the dismissal of the municipal manager.

12. Supervise the management of municipal officials.

13. Approve and regulate spaces for participation and consultation.

Council Internal Regulations

It is the internal regulatory instrument that establishes the organization and functions

of the Municipal Council.

The Committees of Aldermen

They are working groups made up of the councilors of the different political groups

represented in the Council. They are organized within the Municipal Council. They

carry out studies, formulate projects and proposals to improve the quality of

municipal management. They also issue opinions on matters that are discussed in

8
Council sessions, thus supervising municipal management in matters related to their

functions.

These commissions can be of two types:

Ordinary . Whose function is permanent. For example, the Education, Culture and

Sports Commission, the Glass of Milk Commission.

Specials . Those established to carry out a specific, temporary activity, such as: to

organize celebrations for the district's anniversary.

In some cases, given municipal autonomy and because the Law does not establish

further regulation, representatives of social organizations are invited to participate in

such committees of councilors.

The regulation on its operation must be indicated in the Internal Regulations of the

Council.

The Aldermen

They are representatives of the citizens, elected before the Municipal Council to

assume tasks of regulatory production and supervision of municipal management, as

well as to present initiatives and projects to improve municipal management. Their

term of office is the same as that of the mayors, that is, 4 years.

Councilors who work as employees of the private or public sector enjoy paid leave for

up to 20 hours per week. They cannot be transferred or reassigned without your

express consent.

Your employer is obliged to maintain the same remuneration level.

Powers
9
  Propose draft ordinances and agreements.

 Formulate requests and agenda motions

 Assume, by delegation of the mayor, his political functions.

 Supervise municipal management.

 Integrate ordinary and special commissions.

 Obligations

 Maintain communication with social organizations and inform the municipal

council.

Responsibilities

They are individually responsible for acts that violate the Law carried out during the

exercise of their functions, and, jointly, for agreements adopted against the Law

during the exercise of their functions. Unless they save their votes by recording it in

the minutes.

Impediments

They cannot exercise functions, executive or administrative positions, whether

career or trust, nor hold positions as members of the board of directors, managers or

others, in the same municipality or in municipal companies in the area.

1.4 LEGAL REGULATION OF MUNICIPALITIES

 Political Constitution of Peru.

 Law No 27972, Organic of Municipalities and its Amendment.

 Law No. 27783 on the Bases of Decentralization.

 Laws and Standards that regulate the activities and functioning of the Public
10
 Sector.

 Technical Standards of Administrative Systems.

The Municipalities are subject to the laws and provisions that, in a general manner

and in accordance with the Political Constitution of Peru, regulate the activities and

functioning of the Public Sector; as well as the technical standards of the State's

administrative systems, which by their nature are mandatory to observe and comply

with.

1.5 MUNICIPAL FUNCTIONAL ORGANIZATION

The Municipal Organization - is a permanent process that identifies internal

functions and structures, grouping and ordering them to assign, transfer

(decentralize) or delegate (deconcentrate) specific functions and responsibilities with

the purpose of achieving the objectives and goals, through efficient administration.

and adequate provision of services.

Municipalities are characterized by not having a common or homogeneous

organization model. This is due to the local diversity where they exist and operate.

Even the type of organization that a Municipality has undergoes changes because it

is subject to the principles of flexibility (that is, it is not a rigid or eternal model) and

adaptability (it takes into account external or internal factors).

The Municipal Structure - is the final design of its organization, the different

functions and areas are related to each other, under criteria adopted in the

organization stage. Therefore, when we organize the Municipality we do so to

provide it with a structure and govern it efficiently.

The Provincial and District Municipalities are organized and have as their main

11
function the attention to the needs of the population and in general the realization of

the purposes provided for in the Organic Law of Municipalities and complementary

regulations.

Definition of Municipal Organization.- It is a permanent and systematic process

that consists of organizing the functions and structures of the Municipalities, trying to

achieve an efficient and timely Administration, which allows providing an optimal

provision of services to the Locality in its Jurisdictional scope.

The Organization is a response to the concern about how the Municipality should act

to face the challenge of Local Development.

The Municipal Organic Structure:

Basically, Municipalities must be organized into three institutional functions:

Government Function.- It is carried out by the Mayor and the Councilors who have

the responsibility of defining the major institutional objectives, establishing the

Policies and goals.

Executive Function.- It is exercised by the Support and Line Management bodies.

They are responsible for executing the Objectives and Goals established by the

Governing Body.

Technical Function.- It is carried out by the Advisory bodies, they have the definition

of the Objectives and Goals to be implemented.

The Municipalities are basically organized through the following bodies:

GOVERNMENT BODIES.- They are responsible for establishing the development

objectives and policies of the municipality and guiding municipal organization and

management .

CONSULTATIVE, PARTICIPATION AND/OR COORDINATION BODIES.- These are

12
the bodies in charge of the participation, coordination and/or technical consultancy,

for specific purposes, of the Government Bodies.

CONTROL BODY.- It is responsible for supervising, supervising, evaluating and

promoting the correct use of the resources mobilized by the Municipality.

JUDICIAL DEFENSE BODY.- It is responsible for the judicial defense of the

Municipality, in charge of the representation and defense of the interests and rights of

the institution.

DIRECTION BODY.- It is responsible for complying with the objectives and policies

issued by the Governing Bodies.

ADVISORY BODIES.- They are responsible for providing advice to the different

bodies on matters within their jurisdiction.

SUPPORT BODIES.- They are responsible for carrying out administrative and

technical support actions for the other bodies of the Municipality.

LINE BODIES.- They are responsible for providing and/or developing services,

activities, projects and public works for the benefit of the community.

DECONCENTRATED BODIES.- These are the municipal bodies that exercise

powers by delegation of the Mayor's Office.

DECENTRALIZED BODIES.- They are institutions with legal status under public law

that exercise, with autonomy, powers in certain territorial and functional areas.

1.6 MANAGEMENT DOCUMENTS.

The documents that formalize the Management of Local Governments will be

determined by the rules that regulate their preparation and execution, whose

management documents that must be included are the following:

13
Regulation of Organization and Functions - ROF.- It is a normative Technical

Management document that completes, regulates and establishes the Organic

Structure of the Municipality, in which the nature, purpose and general functions are

specified; typifying the relations attributions of the Organic Units.

Personnel Assignment Chart - CAP.- It is a Normative Technical Document of

Institutional Management that contains and allows for normalizing the forecasts of

necessary positions required by the Municipality, determining the quantity,

characteristics of the jobs necessary to provide the services and achieve the

objectives. institutional aims and objectives.

Analytical Personnel Budget - PAP.- It is a document that includes the positions

required during the year of Budget management and that are duly financed through

the Institutional Budget. The positions are the budget allocation that is considered in

each case for remuneration for the specific services of permanent and contracted

personnel, according to financial availability. This budget allocation allows the

activation of certain positions in the positions that appear in the CAP.

Organization and Functions Manual - MOF.- Normative Document that describes

the Specific Functions at the position or job level, developing them from the Organic

structure General functions Established in the Organization and Functions

Regulations and in accordance with the table for Assignment of personal.

Manual of Administrative Procedures – MAPRO.- It is a descriptive and normative

systematization document of an instructive and informative nature. The content of

which is the detail of the processes generated to fulfill the functions.

14
Single Text of Administrative Procedures - TUPA.- It is a unified document that

contains all the information related to the processing of administrative procedures

that are generated in the Municipality.

15
1.9 LOCAL HERITAGE CONCEPT

In accordance with local regulations, we can define "local heritage" as the set of

assets, rights and actions whose ownership corresponds to the Local Entities.

Local Entities, as legal entities governed by Public Law, with full capacity to exercise

their functions, also need to be holders of assets and rights; to fulfill the purposes

attributed to them by the legal system, they need to have personal means, material

and legal, in relation to material means, that is, the assets that a municipality can

count on to satisfy the needs of its citizens.

Types of municipal property

The assets of local entities are classified as public domain assets and heritage

assets. Public domain assets will be for public use or service. Likewise, communal

property is public domain property.

Public domain goods

The notion of public domain is built on the basis of three determining elements; the

ownership (belongs to a Public Administration), its impact (to a public use or service)

and a special legal regime. At the local level, the following are distinguished:

 The roads and highways, squares, streets, promenades, parks, fountains,

canals, bridges and other public works for general use or use whose

conservation falls under the responsibility of the local entity are public goods.

 Public service assets are those intended directly for the fulfillment of public

purposes under the responsibility of the Local Entities, such as Municipal

Palaces and, in general, buildings belonging to them, malls, markets, medical

posts, hospitals, shelters, cribs, libraries. , cemeteries, transportation elements,

intended for the provision of public or administrative services.

Communal property

Communal property is the property of the municipalities or Minor Local Entities

whose use corresponds to the common use of the neighbors. The ownership

corresponds to the municipality and the use belongs to the neighbors.

Heritage assets

Patrimonial or proprietary assets are those that, being property of the Local Entity,

are not intended for public use or affected by any public service, and may constitute

sources of income for the Entity's treasury. Thus, the intellectual property of a literary,

scientific or artistic work of the entity; invention patents, etc.

1.10 MUNICIPAL OBLIGATIONS: INVENTORY, REGISTRATION AND DEFENSE

OF PROPERTY

Municipalities have the obligation to prepare a valued inventory of all the assets and

rights that belong to them. This being, therefore, the catalog or detailed list of all

assets and rights of any kind that belong to the municipality. The inventory reflects all

the assets and rights of the entity.

The goods will be listed in the inventory separately, grouping them under the

following headings:

1. Estate

2. Furniture of a historical, artistic nature or of considerable economic value

3. Vehicles

17
4. Land

5. Furniture (not included in the previous groups)

6. Livestock (animals)

7. Assets and revertible rights (assets that will belong to the Entity after a certain

day or when a certain condition is met)

8. Public domain assets.

ADMINISTRATIVE SYSTEMS THAT ARE APPLIED IN OUR COUNTRY

ADMINISTRATIVE SYSTEMS.

It is the set of policies, standards and processes whose purpose is to provide

rationality, effectiveness and uniformity to Municipal Management, the most relevant

systems in Public Administration, are the following:

18
A.- HUMAN RESOURCES MANAGEMENT SYSTEM (PERSONNEL)

The Administrative System of Human Resources Management establishes, develops

and executes the State policy regarding the civil service; and, it includes the set of

standards, principles, resources, methods, procedures and techniques used by

public sector entities in the management of human resources. It must be taken into

account that the civil service is the set of institutional measures by which the

personnel at the service of the State is articulated and managed, which must

harmonize the interests of society and the rights of the people at the service of the

State.

B.- NATIONAL SUPPLY SYSTEM.

The National Supply System is the interrelated set of policies, objectives, standards,

powers, procedures and technical processes aimed at the rational flow, endowment

or supply, employment and conservation of the material means used by public sector

entities.

C.- NATIONAL PUBLIC BUDGET SYSTEM

The National Budget System is the set of bodies, standards and procedures that

conduct the budget process of all Public Sector entities in all its phases

(programming, formulation, approval, execution and evaluation).

D.- NATIONAL TREASURY SYSTEM

19
The National Treasury System is the set of bodies, standards, procedures,

techniques and instruments aimed at the administration of public funds in Public

Sector entities, whatever the source of financing and their use.

E.- NATIONAL DEBT SYSTEM

The National Debt System is the set of bodies, rules and procedures aimed at

achieving efficient administration of debt for periods of more than one year of the

entities and organizations of the Public Sector.

F.- NATIONAL ACCOUNTING SYSTEM

The National Accounting System is the set of accounting bodies, policies, principles,

standards and procedures of the public and private sectors, of general acceptance,

and applied to the entities and bodies that comprise it and that contribute to the

fulfillment of its purposes. and objectives.

G.- NATIONAL PUBLIC INVESTMENT SYSTEM –SNIP.

The purpose of the National Public Investment System (SNIP) is to optimize the use

of public resources destined for investment, through the establishment of principles,

processes, methodologies and technical standards related to the various phases of

investment projects.

The SNIP was created with the purpose of optimizing the use of Public Resources

destined for investment, through the establishment of principles, processes,

methodologies and technical standards related to the various phases of investment

projects.

H.- NATIONAL STATE JUDICIAL DEFENSE SYSTEM

20
The State Legal Defense System is the set of principles, standards, procedures,

techniques and instruments, structured and functionally integrated through which

Public Prosecutors exercise the legal defense of the State.

This System has the purpose of strengthening, unifying and modernizing the legal

defense of the State at the local, regional, national, supranational and international

level, in judicial, military, arbitration, Constitutional Court, administrative bodies and

instances of a similar nature, arbitrations and conciliations. , which is in charge of the

Public Prosecutors.

I.- NATIONAL CONTROL SYSTEM

The National Control System is the set of control bodies, standards, methods and procedures

structured and functionally integrated, intended to conduct and develop the exercise of

government control in a decentralized manner.

Its performance includes the activities and actions in the administrative, budgetary, operational

and financial fields of the entities and reaches the personnel who provide services in them,

regardless of the regime that regulates them.

Every State entity is subject to control by the Comptroller General of the Republic. ca, since it

manages resources from public funds. These public funds come from the collection, obtaining or

raising of money that is part of the national treasury.

21