Third Book of the rules applicable to the municipalities - Law 2019/024 of 24 Dec 2019 on the General Code of Decentralized Territorial Communities

ARTICLE 156 - The following powers are transferred to the Communes:

SECTION II - THE ENVIRONMENT AND THE MANAGEMENT OF NATURAL RESOURCES

ARTICLE 157 - The following powers are transferred to the Communes:

pre-collection and local management of household waste.

SECTION II - PLANNING, REGIONAL DEVELOPMENT, URBANISM AND HOUSING

ARTICLE 158 - The following powers are transferred to the Communes:

ARTICLE 159 - Each Municipal Council gives its opinion on draft regional development plans before they are approved, in accordance with the conditions laid down by regulation.

ARTICLE 160 - The following powers are transferred to the Communes:

a. in matters of health and population :

b. social action :

ARTICLE 161 - The following powers are transferred to the Communes:

a. education :

b. literacy :

c. technical and vocational training :

SECTION II - YOUTH, SPORTS AND LEISURE ACTIVITIES

ARTICLE 162 - The following powers are transferred to the Communes:

SECTION III - CULTURE AND THE PROMOTION OF NATIONAL LANGUAGES

ARTICLE 163 - The following powers are transferred to the Communes:

a. with regard to culture :

b. promoting national languages:

ARTICLE 165 - The Municipal Council is made up of Municipal Councillors elected in accordance with the procedures laid down by law.

ARTICLE 166 - (1) The number of Municipal Councillors is set as follows:

(2) The official population census immediately preceding the municipal elections serves as the basis for determining, by regulation, the number of Municipal Councillors per Commune, in accordance with the provisions of paragraph 1 above.

(3) The Municipal Council must reflect the various sociological components of the Commune. In particular, it must ensure representation of the Commune's indigenous populations, minorities and gender:

(4) Senators from the Commune to which the Commune belongs may attend the work of the Municipal Council in an advisory capacity.

SECTION II - DUTIES OF THE MUNICIPAL COUNCIL

ARTICLE 167 - (1) The Municipal Council is the deliberative body of the Commune.

(2) It regulates the affairs of the Commune through its deliberations.

(3) It gives its opinion whenever required by laws and regulations or at the request of the representative of the State.

(4) It may formulate resolutions on all matters of local interest, particularly those concerning the Commune's economic and social development.

(5) It is kept informed of the progress of works and initiatives financed by the Commune or carried out with its participation.

(6) It must be consulted on the implementation, on the territory of the
Commune, of any development or equipment project by the State, the Region, any other local authority or any public or private body.

ARTICLE 168 - The Municipal Council deliberates, in particular, on :

ARTICLE 169 - (1) The Town Council may delegate part of its powers to the Mayor, with the exception of those mentioned in article 168 above.

(2) The corresponding decision must be the subject of a deliberation determining the scope of the delegation.

(3) On expiry of the delegation, a report is made to the Town Council.

SECTION III - OPERATION OF THE TOWN COUNCIL

ARTICLE 170 - (1) The Municipal Council sits at the Town Hall of the Commune or in the premises used as the Town Hall. However, the Mayor may, by way of exception, convene the Council in any appropriate premises located within the Commune, when circumstances so require. In this case, he shall inform the representative of the State and the Municipal Councillors at least seven (07) days before the date set for the session.

(2) The Municipal Council is chaired by the Mayor or, if the Mayor is unable to attend, by a Deputy Mayor in the order of precedence.

ARTICLE 171 - (1) The Municipal Council meets in ordinary session once every quarter for a maximum of seven (07) days, convened by the Mayor.

(2) During ordinary sessions, the Municipal Council may only deal with matters within its remit.

(3) If the Mayor fails to do so, and after seventy-two (72) hours' formal notice, the representative of the State signs the invitations to the Municipal Council meeting.

ARTICLE 172 - (1) The Mayor may convene an extraordinary session of the Municipal Council whenever he/she deems it useful. He is also obliged to convene it when a reasoned request is sent to him by two thirds (2/3) of its members.

(2) All notices of meeting are signed by the Mayor and specify the agenda. The Council may not deal with any business other than the said agenda.

(3) The representative of the State may ask the Mayor to convene an extraordinary session of the Municipal Council.

(4) If the default of the Mayor is noted in the cases provided for in paragraphs 1, 2 and 3 above, after a formal notice has been served but not acted upon, the representative of the State may sign the summons required for the holding of an extraordinary session of the Municipal Council.

ARTICLE 173 - (1) The notice convening a meeting of the Municipal Council is recorded in the register of deliberations, posted at the Town Hall or at the Town Hall and sent in writing or by any means in writing to the Municipal Councillors, at least fifteen (15) clear days before the date of the meeting. In urgent cases, this period is reduced to three (03) days.

(2) In case of necessity, the notice period may be shortened to two (02) days, subject to compliance with the quorum stipulated in article 174 below.

ARTICLE 174 - (1) The Municipal Council may only validly sit when two thirds (2/3) of its members are present.

(2) If after a duly convened meeting, the quorum is not reached, any deliberation voted after the second meeting, at least three (03) days apart, is valid if at least half (1/2) of the members of the Council are present.

(3) In the event of general mobilisation, the Municipal Council may validly deliberate after a single convocation, when the majority of its non-mobilised members attend the meeting.

ARTICLE 175 - (1) Decisions are taken by a simple majority of those voting.

(2) A councillor who is unable to attend a meeting may give a colleague of his choice a legal written mandate to vote on his behalf. The same Councillor may only hold one mandate. Except in the case of illness, duly recorded, the same mandate may not be valid for more than two (02) consecutive sessions.

(3) Voting shall be by public ballot. In the event of a tie, the Chairman shall have the casting vote. The first names and surnames of those voting, together with the details of their votes, shall be recorded in the minutes.

(4) Notwithstanding paragraph 3 above, a secret ballot shall be held whenever one third (1/3) of the members present so request or when an appointment or representation is to be made. In the latter case, and after two (02) rounds of voting, if none of the candidates has obtained an absolute majority, a third round is held and the election is won by a relative majority. In the event of a tie, the oldest candidate shall be declared elected.

ARTICLE 176 - (1) During the discussion of the administrative account, the Chairman of the committee responsible for financial matters or, in his absence, a member of the said committee chairs the meeting of the Municipal Council. In this case, the Mayor may attend the discussion but must withdraw in the event of a vote.

(2) The Chairman of the meeting sends the deliberation directly to the representative of the State.

ARTICLE 177 - (1) At the beginning of each session and for the duration thereof, the Municipal Council appoints one or more of its members to supervise the work carried out by the Secretary General in his role as rapporteur.

(2) It may appoint auxiliaries from outside its membership, from among the municipal staff. These assistants attend the meetings but do not take part in the deliberations.

(3) The representative of the State or his delegate, duly authorised, attends the sessions of the Municipal Council as of right. He/she is heard whenever he/she so requests, but may neither take part in the vote nor preside over the work of the Municipal Council. His statements are recorded in the minutes.

(4) The Municipal Council may, if it deems it necessary, request authorisation from the State representative to consult State personnel during a session. It may also consult any other person in view of their expertise, following the same procedure.

ARTICLE 178 - (1) Municipal Council meetings are public. However, at the request of the Mayor or one third (1/3) of its members, the Municipal Council may deliberate in camera.

(2) The Municipal Council is required to give its opinion on individual measures and on the following matters:
• school relief ;
• free medical assistance ;
• assistance to the elderly, families, the destitute and disaster victims.

ARTICLE 179 - (1) The Chairperson is responsible for policing the session.

(2) The modalities of application of paragraph 1 above are determined in the Internal Regulations of the Municipal Council.

ARTICLE 180 (1) The minutes of the meeting are posted in extracts at the Town Hall or at the Town Hall within a maximum period of eight (08) days.

(2) Certification of the posting of the minutes is made by the Mayor and mentioned in the register of deliberations.

(3) Deliberations are recorded in date order in a register listed and initialled by the representative of the State. They are signed by all members present at the meeting. Where appropriate, a note shall be made of the reason which prevented them from signing.

ARTICLE 181 - (1) The Town Council may, during its last annual session, set up committees to study matters falling within its remit. Each committee shall include a Chairman and a Secretary.

(2) Committees may meet during and between sessions. Attendance at committee meetings is free of charge. However, the costs incurred in their operation are charged to the municipal budget.

(3) Committees are convened by the Chairman within a maximum of eight (08) days of their formation. During the first meeting, each committee appoints a Vice-Chairman, who replaces the Chairman if he is unable to attend. They may subsequently be convened at shorter notice at the request of the majority of their members.

(4) The Chairman may call upon any person, by virtue of their expertise, to take part in the work of the Committee, without the right to vote. Such participation may be remunerated by decision of the Municipal Council.

ARTICLE 182 - (1) Within the limits of available resources, the Municipal Council may set up neighbourhood or village committees within the communes.

(2) The neighbourhood or village committees referred to in paragraph 1 above are consultation frameworks that aim to encourage the participation of the population in the preparation, implementation and monitoring of Communal programmes and projects or in the supervision, management or maintenance of the works and equipment concerned.

(3) An order of the Minister in charge of local development sets the conditions for the creation, organisation and functioning of neighbourhood and village committees.

ARTICLE 183 - (1) Regional Councillors participate as of right in the work of the Municipal Council of the commune to which they are attached in an advisory capacity.

(2) The Mayor may, on his or her own initiative or at their request, invite representatives of civil society organisations or any other person to take part in the work of the Council in an advisory capacity.

ARTICLE 184 - An allowance or special benefits may be granted to State personnel entrusted with an ancillary function in the Communes, in accordance with the law.

ARTICLE 185 - (1) Deliberations of the Municipal Council granting salaries, wages, indemnities or allowances to Communal personnel, by assimilation to the personnel mentioned in article 184 above, which have the effect of creating for the said personnel a more advantageous situation than that provided for by the regulations in force, are illegal.

(2) The provisions of paragraph 1 above are applicable to decisions taken, in respect of personnel, by the public services provided by the municipalities.

SECTION IV - SUSPENSION, DISSOLUTION, CESSATION OF FUNCTIONS AND REPLACEMENT OF THE TOWN COUNCIL

ARTICLE 186 - (1) The Municipal Council may be suspended by reasoned order of the Minister responsible for local authorities in the event of:

a) the performance of acts contrary to the Constitution;
b) a threat to State security or public order;
c) a threat to the integrity of the national territory;
d) a lasting inability to function normally.

(2) The suspension provided for in paragraph 1 above may not exceed two (02) months.

ARTICLE 187 - The President of the Republic may, by decree, dissolve a Municipal Council:

a) in one of the cases provided for in article 186 above;
b) in the event of persistence or impossibility of re-establishing the situation that previously prevailed, upon expiry of the period provided for in article 186 above.

ARTICLE 188 - (1) Any duly convened member of the Municipal Council who, without a legitimate reason, fails to attend three (03) successive sessions may, after having been invited to provide explanations by the Mayor, be declared to have resigned by decision of the Minister in charge of local authorities, after consultation of the Municipal Council.

(2) The decision, a copy of which is sent to the person concerned and to the representative of the State, may be appealed before the competent court.

(3) A councillor declared to have resigned, in accordance with the provisions of paragraph 1 above, may not stand as a candidate in the by-election or general election to the Municipal Council immediately following the date of his or her compulsory resignation.

ARTICLE 189 - (1) Any member of the Municipal Council who, without a valid excuse, has refused to carry out the duties devolved upon him/her by the laws and regulations, may be declared to have resigned by decision of the Minister in charge of local authorities, after consultation of the Municipal Council.

(2) The refusal to carry out the duties referred to in paragraph 1 above results either from a written declaration addressed to the appropriate person or made public by its author, or from persistent failure to do so after formal notice from the Minister responsible for Local Government.

(3) The corresponding decision may be appealed before the competent court.

ARTICLE 190 - Voluntary resignations are sent by registered letter to the Mayor with a copy to the representative of the State. They are final from the date of acknowledgement of receipt by the Mayor or, in the absence of such acknowledgement of receipt, within a maximum period of one (01) month from the date on which the resignation is sent again, recorded by registered letter.

ARTICLE 191 - (1) In times of war, the Municipal Council of a Commune may be suspended by decree of the President of the Republic, until the cessation of hostilities.

(2) The same decree constitutes a special delegation empowered to take the same decisions as the Municipal Council. It specifies its composition, including a Chairman and a Vice-Chairman.

ARTICLE 192 - (1) In the event of the dissolution of a Municipal Council, the resignation of all its serving members, when elections for a Municipal Council are materially impossible or when a Municipal Council cannot be constituted, a special delegation fulfils its functions.

(2) Within eight (08) days following the dissolution, the acceptance of the resignation or the declaration that it is materially impossible to organise the election of the Municipal Council, this special delegation is appointed by decree of the President of the Republic who appoints its Chairman and Vice-Chairman.

(3) The number of its members is set at three (03) in Communes where the population does not exceed fifty thousand (50,000) inhabitants. This number may be increased to seven (07) in Communes with a numerically higher population.

ARTICLE 193 - (1) The special delegation exercises the same powers as the Municipal Council.

(2) However, it may not

ARTICLE 194 - In the event of mobilisation, when elections to the Municipal Council are postponed, the special delegation is empowered to take the same decisions as the Municipal Council.

ARTICLE 195 - (1) Whenever the Municipal Council is dissolved, or in the event of its resignation being accepted, and a special delegation is appointed, the Municipal Council is re-elected within six (06) months of the date of dissolution or last resignation.

(2) The period mentioned in paragraph 1 above may be extended by decree of the President of the Republic, for a period of six (06) months, renewable a maximum of three (03) times.

ARTICLE 196 - (1) When elections for a Municipal Council are materially impossible or when a Municipal Council cannot be constituted, and a special delegation is appointed, the latter remains in office for a renewable period of six (06) months.

(2) The reconstitution of the Municipal Council automatically terminates the special delegation.

(3) If a special delegation is formed, the Chairman shall act as Mayor and the Vice-Chairman as Deputy Mayor. Their powers end in accordance with the provisions of article 195 above.

ARTICLE 197 - (1) The Mayor and his or her Deputies constitute the Communal Executive.

(2) The Mayor is the Head of the Communal Executive. He is assisted by Deputy Mayors in the order of their election.

(3) The number of Deputy Mayors is determined as follows according to the number of Municipal Councillors:

ARTICLE 198 - (1) When any obstacle or remoteness makes communication between the main town and a part of the Commune difficult, dangerous or temporarily impossible, a post of Special Assistant may be created there by a reasoned decision of the Town Council, subject to the prior approval of the representative of the State.

(1) The Special Assistant provided for in paragraph 1 above is elected from among the Councillors residing in that part of the Commune.

(3) The Special Assistant :

(4) The duties of a Special Deputy cease when the normal situation is restored. This cessation is recorded by a resolution of the Municipal Council.

ARTICLE 199 - (1) The first session of the Municipal Council is convened by the representative of the State, on the second Tuesday following the date of proclamation of the results of the election of the Municipal Councillors. This session is devoted to the election of the Mayor and his Deputy Mayors.

(2) The distribution of the posts of Deputy Mayor must, as far as possible, reflect the configuration of the Municipal Council.

ARTICLE 200 - (1) The Mayor is elected by uninominal majority vote in two (02) rounds. The election is won in the first round by an absolute majority of the votes cast. If an absolute majority is not obtained in the first round, a second round is held. The candidate with the relative majority of votes cast is then declared elected. In the event of a tie, the election is won by the oldest of the candidates.

(2) Following the election of the Mayor, the Deputy Mayors are elected by proportional representation on the basis of the highest average. Only ballot papers bearing a number of names equal to the number of members to be elected shall be valid.

(3) The ballots referred to in paragraphs 1 and 2 shall be secret.

(4) The composition of the Executive body shall be established by order of the Minister in charge of local authorities.

ARTICLE 201 - (1) The Mayor and his/her Deputies take an oath before the competent Court of First Instance before taking office.

(2) The wording of the oath is as follows: "I swear on my honour and undertake to serve the affairs of the municipality and the interests of all its inhabitants without discrimination or favouritism and to loyally and faithfully carry out my duties as a civil registrar in compliance with the law and in accordance with the values and principles of democracy, national unity and the integrity of the Republic >>.

ARTICLE 202 - (1) The meeting of the Municipal Council devoted to the election of the Mayor and his Deputy Mayors is chaired by the oldest member assisted by the youngest.

(2) The list of those elected is made public by the Chairman of the meeting within a maximum of twenty-four (24) hours of the results being announced, by posting at the Town Hall or at the Town Hall. Within the same timeframe, it shall be notified to the representative of the State.

ARTICLE 203 - (1) The Mayor and Deputy Mayors are elected for the same term as the Municipal Council.

(2) The election of the Mayor and Deputy Mayors may be the subject of an appeal for annulment, in accordance with the rules laid down by the legislation in force for the annulment of the election of Municipal Councillors.

(3) If the election is annulled or if, for any other reason, the Mayor or Deputy Mayors have ceased to hold office, the Council is convened to replace them within a maximum period of one (01) month.

(4) The Mayor whose election is contested remains in office until a decision has been taken which has the force of res judicata.

ARTICLE 204 - The office of Mayor is incompatible with that of Mayor:

ARTICLE 205 - (1) In the event of the death, resignation or dismissal of the Mayor or a Deputy Mayor, the Municipal Council is convened to elect a new Mayor or Deputy Mayor, within sixty (60) days of the death, resignation or dismissal.

(2) During the period provided for in paragraph 1 above, the interim Mayor is a Deputy Mayor, in order of precedence or, failing that, one of the five (05) oldest Councillors, appointed by the Municipal Council.

(3) In the event of a vacancy in the post of Deputy Mayor, the Deputy Mayors in office have a right of pre-emption over the candidates to be replaced, according to the order of precedence acquired at the previous election.

SECTION II - POWERS OF THE MAYOR

ARTICLE 206 - (1) The Mayor represents the Commune in civil and legal matters.

In this capacity, he/she is responsible under the supervision of the Municipal Council:

(2) He is the authorising officer for the Commune's budget.

ARTICLE 207 - (1) The Mayor delegates, under his supervision, by decree, part of his powers to his Deputy Mayors and, in the absence or impediment of his Deputy Mayors, to members of the Municipal Council.

(2) The delegations provided for in paragraph 1 above shall remain in force until withdrawn. However, they cease, without being expressly withdrawn, when the Mayor dies, is suspended, dismissed or declared to have resigned.

ARTICLE 208 - In the event that the particular interests of the Mayor are in opposition to those of the Commune, the Municipal Council appoints another member to represent the Commune, notably in legal proceedings or in any contractual transaction.

ARTICLE 209 - (1) The Mayor recruits, suspends and dismisses staff governed by employment legislation and collective agreements.

(2) He/she assigns and manages staff placed under his/her authority.

ARTICLE 210 - (1) A standard table of Communal posts, taking into account the respective size of the various Communes, is made enforceable by order of the Minister responsible for Local Government.

(2) The
method and rate of remuneration for Communal staff, as well as the allowances to which they may be entitled, are determined by regulation.

ARTICLE 211 - In his Commune, the Mayor is responsible, under the authority of the representative of the State, for:
the publication and enforcement of laws, regulations and general measures;
the enforcement of general security measures.

ARTICLE 212 - The Mayor and Deputy Mayors are civil registrars.

ARTICLE 213 - (1) The Communal Executive is assisted by a Town Hall Secretary General.

(2) The Secretary General, an executive with good experience in local development management, leads the municipal administration departments. Under the authority of the Mayor, to whom he/she is the main collaborator, he/she examines matters and implements decisions taken by the Mayor. To this end, he/she receives the necessary delegations of signature.

ARTICLE 214 - (1) The Minister responsible for local authorities appoints and dismisses the Secretary General of a Town Hall, on the proposal of the Mayor.

(2) The Town Hall Secretary General attends meetings of the Communal Executive and acts as its secretary.

ARTICLE 215 - (1) Acts adopted by the Mayor or the Municipal Council are immediately communicated to the State representative, who is responsible for their control.

(2) They become enforceable and are recorded on their date in a special register kept at the Town Hall.

ARTICLE 216 - (1) The Mayor is responsible, under the supervision of the representative of the State, for the municipal police and the execution of related State acts.

(2) The creation of a municipal police force is authorised by a resolution of the Municipal Council, which determines its powers, resources and operating rules.

(3) The decision referred to in paragraph 2 above is subject to the prior approval of the Minister responsible for local authorities.

ARTICLE 217 - (1) In agglomerations set up as Urban Communities, the municipal police service is provided either by officers of the Urban Community or by those of the Communes d'Arrondissement.

(2) In both cases, the services concerned may not be created without prior consultation between the Executive bodies of the Urban Community and the Communes d'Arrondissement, sanctioned by an agreement.

(3) Concordant resolutions of the Council of the Urban Community and of the Municipal Council, incorporating the provisions of the agreement referred to in paragraph 2 above, determine the level and type of intervention of the respective services of the Urban Community and of the Communes d'Arrondissement.

(4) In the event of disagreement, the municipal police service set up by the Commune d'Arrondissement shall carry out municipal police activities as of right.

ARTICLE 218 - (1) The purpose of the municipal police is to ensure good order, public safety, tranquillity, security and public health.

(2) Its duties include in particular

a) the safety and convenience of passage in the streets, quays, squares and public thoroughfares, in this case cleaning, lighting, removing congestion, demolishing or repairing buildings threatening ruin, prohibiting the displaying of anything in windows or other parts of buildings that may cause damage or noxious exhalations;

b) the method of transporting deceased persons, burials and exhumations, the maintenance of good order and decency in cemeteries, without it being permitted to make distinctions or lay down special requirements on account of the circumstances surrounding the death;
c) the inspection of equipment and/or instruments for foodstuffs sold by weight or measure, and the wholesomeness of edible foodstuffs displayed for sale;

d) prevention, by taking appropriate precautions, and intervention, by distributing the necessary aid, in the event of accidents and calamitous plagues, such as fires, floods or any other natural accident, epidemic or contagious diseases, epizootics, the implementation of emergency safety measures, assistance and recourse and, if necessary, recourse to the intervention of the representative of the State, to whom the prescribed measures are reported;

e) the necessary measures against alienated persons whose condition could compromise public morals, the safety of individuals or the conservation of property;

f) intervention to prevent or remedy any untoward occurrences that may be caused by animals running at large;

g) the demolition of buildings constructed without a building permit.

ARTICLE 219 - The powers conferred upon the Mayor in the event of serious or imminent danger do not impede the power of the representative of the State, in the administrative district where the Commune is located, to take any safety measures required by the circumstances.

ARTICLE 220 - (1) The Mayor exercises police powers with regard to road traffic within the jurisdiction of his Commune.

(2) He may, on payment of a fee fixed by deliberation, grant permits for parking or temporary storage on the public highway, on rivers, ports and river quays under the jurisdiction of the Commune and on other public places, provided that this can be done without hindering traffic on the public highway or navigation.

(3) The Mayor grants precarious and essentially revocable rights of way on public roads, in accordance with the legislation and regulations in force. The purpose of these permits is, in particular, to establish in the ground or on the public highway, networks intended for the distribution of water, electricity or telephone.

ARTICLE 221 - Wells and excavations presenting a danger to public safety, as well as unhealthy land presenting a danger to public health, must be sufficiently enclosed. The Mayor may require owners, usufructuaries, farmers or any other owners or operators, to enclose their property with a fence.

ARTICLE 222 - (1) The powers vested in the Mayor are not an obstacle to the power of the representative of the State to take, for all the communes of a district or for one or more of them, and in all cases where this has not been provided for by the municipal authorities, all measures relating to the maintenance of good order, public safety, health, security and tranquillity.

(2) The power referred to in paragraph 1 above may only be exercised by the representative of the State with regard to a single Commune after formal notice has been given to the Mayor to which no response has been received, if the Commune concerned has a police force.

ARTICLE 223 - (1) In the absence of a municipal police force, the Mayor may create a hygiene service responsible for the sanitary policing of the Commune.

(2) Municipal police officers take an oath before the competent court of first instance.

ARTICLE 224 - In matters relating to the municipal police, the Municipal Council may issue wishes and opinions, but under no circumstances may it issue injunctions to the Mayor.

SECTION III - SUSPENSION, TERMINATION AND REPLACEMENT OF THE MUNICIPAL EXECUTIVE

ARTICLE 225 - (1) In the event of violation of the laws and regulations in force or gross misconduct, Mayors and Deputy Mayors, after having been heard or invited to provide written explanations on the facts of which they are accused, may be suspended by order of the Minister in charge of local authorities, for a period not exceeding three (03) months. After this period, they may be either rehabilitated or dismissed.

(2) The revocation provided for in paragraph 1 above shall be pronounced by decree of the President of the Republic.

(3) Reasons must be given for suspension orders and dismissal decrees.

(4) Mayors and Deputy Mayors who are dismissed or removed from office retain their status as Municipal Councillors.

ARTICLE 226 - (1) In the event of an offence against public property, an offence which may result in a criminal sanction with disqualification, proven failure or gross negligence in the performance of their duties, the Mayor and Deputy Mayors may be removed from office by decree of the President of the Republic, under the conditions set out in article 225 above.

(2) They may also, after having been heard, be removed from office by a resolution of the Municipal Council, within the framework of an extraordinary session convened by the representative of the State on his initiative or that of a majority of two thirds (2/3) of the members of the Council - This resolution automatically entails the suspension of the Mayor or his Deputy Mayors as soon as it is adopted. It is rendered enforceable by order of the Minister in charge of local authorities.

ARTICLE 227 - (1) In the event that the Mayor refuses or fails to carry out acts required of him/her by the laws and regulations in force, the Minister in charge of Local Authorities, after formal notice has been given by the representative of the State, may have them carried out automatically.

(2) In the case of a measure of inter-municipal interest, the Minister responsible for local and regional authorities, upon referral by the representative of the State, may substitute himself, under the same conditions, for the Mayors of the Communes concerned.

ARTICLE 228 - (1) The formal notice referred to in article 227 above is sent to the Mayor concerned, by any means in writing.

(2) It must indicate the deadline given to the Mayor to respond to the State representative.

(3) Where no response has been received by the end of the period provided for in paragraph 2 above, such silence shall be deemed equivalent to a refusal.

ARTICLE 229 - (1) A Mayor or Deputy Mayor who, for a reason subsequent to his or her election, no longer fulfils the conditions required to be a Mayor or Deputy Mayor or who finds himself or herself in one of the cases of incompatibility provided for by this law, must immediately cease to hold office.

(2) The Minister responsible for local authorities, on receipt of a referral from the representative of the State, enjoins the Mayor or Deputy Mayor to hand over office immediately to his or her designated replacement, without waiting for his or her successor to be installed. If the Mayor or Deputy Mayor refuses to resign, the Minister responsible for local authorities suspends him/her by order for a period that he/she determines. His or her duties are terminated by decree of the President of the Republic.

ARTICLE 230 - (1) A Mayor appointed to an office incompatible with his/her status is required to make a declaration of option within thirty (30) days. Once this period has elapsed, he/she may be asked by the Minister responsible for Local Government, on referral from the representative of the State, to relinquish one of his/her functions.

(2) In the event of refusal or within a maximum period of fifteen (15) days following the formal notice provided for in article 229 above, the Mayor is declared to have resigned by order of the Minister responsible for local authorities.

ARTICLE 231 - (1) Resignations of Mayors and Deputy Mayors are sent to the Minister in charge of local authorities by registered letter with acknowledgement of receipt. They are final from the date of their acceptance by the Minister responsible for local authorities or, where applicable, within a maximum period of one (01) month from the date of dispatch of a new registered letter.

(2) Mayors and Deputy Mayors who resign shall continue in office until their successors are installed.

ARTICLE 232 - The provisions of current criminal legislation are applicable to any Mayor who has deliberately resigned with a view to preventing or suspending either the administration of justice or the performance of any service whatsoever.

ARTICLE 233 - Removal from office automatically entails ineligibility for the offices of Mayor and Deputy Mayor, until the end of the term of office as from the date of publication of the decree of removal from office.

ARTICLE 234 - (1) In the event of removal from office, suspension, absence or any other impediment, the Mayor is temporarily replaced by a Deputy in the order of election and, if there is no Deputy, by a councillor from the list.

(2) In the latter case, the Municipal Council may, within a maximum period of eight (08) days, appoint a member to stand in for the Mayor.

ARTICLE 235 - (1) When the Mayor is dismissed or suspended, his or her replacement exercises the full range of his or her duties until the election of the new Mayor, which takes place within sixty (60) days of the date of dismissal or suspension.

(2) In the event of absence or impediment, the Mayor's deputy is responsible for day-to-day business. He/she may not, in particular, take the place of the Mayor in the general management of the Commune's affairs, nor alter its decisions or budget.

(3) The cases of absence or impediment provided for in paragraph 1 above may not exceed three (03) months. After this period, the representative of the State convenes the Municipal Council to replace the absent or impeded Mayor.

ARTICLE 236 - (1) In times of war, the Mayor and Councillors individually may, for reasons of public order or general interest, be suspended by decree of the President of the Republic, until the cessation of hostilities. Members of the Council so suspended shall not be replaced in number during the normal term of office.

(2) However, if this measure would reduce the number of Council members by at least one quarter (1/4), a special delegation shall be set up.

ARTICLE 237 - (1) Without this list being exhaustive, the offences listed below may give rise to the application of the provisions of article 225 above:

a) acts provided for and punishable under legislation relating to the control of authorising officers, managers and administrators of public funds;

b) use of the Commune's public funds for personal or private ends;

c) C) forgery of an authentic public document as provided for in criminal legislation;

d) bribery or corruption

e) speculation on the allocation or use of public land and other movable and immovable property of the Commune, building, subdivision or demolition permits.

(2) In the cases listed above, the administrative sanction does not preclude legal proceedings, in accordance with the legislation in force.

ARTICLE 238 - If the Mayor, Deputy Mayors, the President or members of the special delegation have committed any of the irregularities provided for by legislation relating to the control of authorising officers, managers and administrators of public funds, they are liable to prosecution before the competent authorities.

ARTICLE 239 - The Mayor, Deputy Mayors, the Chairman or members of the special delegation who have irregularly interfered in the handling of communal funds are treated as de facto accountants and may, as such, be brought before the competent courts.

ARTICLE 241. - (1) The Urban Community is competent for all actions relating to intermunicipality, major works and structural projects.

(2) Any competence or resource relating to inter-communal projects by nature or purpose, infrastructures transferred to, built or developed by the Urban Community, as well as those which, by their purpose, geographical location or symbolic or economic importance, are open to the use of the populations of several arrondissement communes, is of community interest.

(3) Are therefore the exclusive responsibility of the Urban Community:

(4) In the event of a conflict of jurisdiction between the Urban Community and the Commune d'Arrondissement, the Mayor of the City or the Mayor of the Commune d'Arrondissement shall refer the matter to the administrative court with territorial jurisdiction.

SECTION II - THE ORGANISATION AND OPERATION OF THE URBAN COMMUNITY

ARTICLE 242 - The Urban Community shall operate in accordance with the rules applicable to the Commune, as provided for by this law.

ARTICLE 243- (1) The deliberative body of the Urban Community is the Community Council.

(2) The executive body of the Urban Community is made up of the Mayor of the City and the Deputy Mayors of the City.

ARTICLE 244 - (1) The Community Council is made up of the Mayors of the Communes of the Arrondissement and representatives appointed within the Communes of the Arrondissement. Its members are called Urban Community Councillors.

(2) The Community Council deliberates on all matters falling within its remit.

(3) Senators of the attached Urban Community may attend its proceedings in an advisory capacity.

ARTICLE 245 - (1) The term of office of the Community Council shall expire at the same time as that of the Municipal Councillors of the Communes of the Arrondissement.

(2) The representation of a Municipal Council on the Community Council in the event of dissolution, resignation of all its members or suspension, is ensured by five (05) members of the special delegation provided for in articles 192 to 195 above.

(3) In the event of the vacancy of a Councillor of the Urban Community due to death, resignation or any other reason, the Municipal Council of the relevant Arrondissement shall provide a replacement within a maximum period of two (02) months.

ARTICLE 246 - (1) The Mayor of the City, a Municipal Councillor of a Commune d'Arrondissement of the said Urban Community, is a local person from the Region to which the Urban Community is attached.

(2) The City Mayor and his Deputies are elected by a college made up of all the Municipal Councillors of the City's Communes d'Arrondissement. The election takes place on the third Tuesday following the date of the proclamation of the results of the election of the Borough Councillors, convened by the representative of the State in accordance with the procedures laid down in article 200 of this law.

(3) He/she shall exercise all municipal functions within the framework of the
powers devolved to the Urban Community.

ARTICLE 247 -(1) The Mayor of the City is assisted by elected Deputy Mayors.

(2) The number of Deputy Mayors is determined as follows :

(3) The distribution of the posts of Deputy Mayor must, as far as possible, reflect the configuration of the Community Council. In any event, the City Mayor and his or her Deputies may not combine their duties with those of Mayor or Deputy Mayor of a Commune d'Arrondissement, nor may they come from the same Commune d'Arrondissement.

(4) The first session of the Community Council shall be convened by the representative of the State on the fourth Tuesday following the date on which the results of the election of arrondissement municipal councillors are announced. It shall be devoted to the setting up of committees to study matters falling within its remit.

ARTICLE 248 - (1) The Mayor of the City convenes and chairs the sessions of the Community Council.

(2) He is responsible for :

ARTICLE 249 - (1) The deliberations of the Community Council are governed by the same legal system as the deliberations of the Municipal Council.

(2) Copies of such resolutions shall be sent by the Mayor of the City to the Mayors of the relevant Communes d'Arrondissement within ten (10) days of the date of their entry into force.

(3) The Mayors of the Communes d'Arrondissement are required to communicate the resolutions provided for in paragraphs 1 and 2 above to their Municipal Councils at the meeting immediately following the Community Council meeting.

ARTICLE 250 - (1) The provisions of this law relating to Communes shall apply to Urban Communities and Arrondissement Communes.

(2) The Communes d'Arrondissement shall exercise all the powers transferred to the Communes by this law, with the exception of those expressly attributed to the Communauté Urbaine in article 241 above.

(3) In any event, competences of Communal interest include projects relating to the proximity and daily life of the inhabitants, infrastructures transferred to the Commune d'Arrondissement, built or developed by the Commune d'Arrondissement as well as those open, by their purpose, geographical location or symbolic importance, to the principal use of the populations of the Commune d'Arrondissement concerned.

ARTICLE 251 - (1) The Mayor of the Commune d'Arrondissement is an ex-officio member of the Community Council.

(2) In addition to the Mayor, the Municipal Council of the Arrondissement Commune shall elect from among its members ten (10) Councillors to sit on the Community Council.

(3) The election provided for in paragraph 2 above takes place at the first Council meeting immediately following the announcement of the results of the municipal elections.

ARTICLE 252 - (1) The Municipal Council of the Commune d'Arrondissement shall give its opinion whenever requested to do so by the Community Council or any other body, on matters of interest to the Commune concerned.

(2) The consultation provided for in paragraph 1 above is mandatory for any operation or project of general interest to be carried out, in whole or in part, within its territory.

ARTICLE 253 - (1) The Municipal Councils of the Communes of the Arrondissement may be convened at the request of two thirds (2/3) of the members of the said Councils or, exceptionally, of the Mayor of the Urban Community, on a specific agenda, in particular when the interests of the Community are at stake. In this case, the Mayor may inform the Municipal Councillors of the Communes d'Arrondissement thus convened.

(2) The convening provided for in paragraph 1 above is subject to the prior approval of the representative of the State, when it results from an initiative of the Town Mayor.

ARTICLE 254 - (1) Except in the case of consultation as provided for in article 252 above, the Municipal Council of the Commune d'Arrondissement may not deliberate on a competence transferred to the Urban Community.

(2) In the event of consultation, the deliberations of the Municipal Council of the Arrondissement Commune may not be contrary to those of the Urban Community Council.

(3) When the Municipal Council of the Commune d'Arrondissement, notwithstanding the provisions of paragraph 2 above, adopts a resolution which is contrary to that of the Communauté Urbaine, the resolution of the Commune d'Arrondissement is null and void, except in the case of a violation of the laws in force by the Communauté Urbaine.

SECTION II - ORGANISATION AND OPERATION OF THE ARRONDISSEMENT MUNICIPALITY

ARTICLE 255 - The President of the Republic may, by decree, make any Commune subject to the provisions of this Title on account of its size and level of development.

ARTICLE 256 - (1) The procedures for the devolution of the assets and liabilities of the urban agglomeration divided into Arrondissement Communes are determined by an order of the Minister in charge of Local Authorities.

(2) The order provided for in paragraph 1 above shall be published within a maximum period of three (03) months after the date of creation of the Urban Community.

ARTICLE 257 - Any creation of an inter-municipal service by the Urban Community is subject to the prior agreement of the Communes of the Arrondissement by way of concordant deliberations.

ARTICLE 258 - The provisions of this law relating to the organisation and functioning of Communes shall apply mutatis mutandis to the Commune d'Arrondissement.