The Statute of the City and Commune of Chmielnik

THE RESOLUTION No. IV /44/2003
of the City Council in Chmielnik

as of 22 February 2003

on adoption of the Statute of the City and Commune of Chmielnik.

Pursuant to Art. 18, par. 2, subparagraph 1 and Art. 11b, par. 3 of the Act on commune self-government as of 8 March 1990 (Journal of Laws No. 142/2000, item 1592 with subsequent amendments), Art. 4, par. 1 and Art. 13, par. 2 of the Act on publication of normative acts and some other legal acts as of 20 July 2000 (Journal of Laws No. 62, item 718), the City Council resolves as follows:

§ 1. The Statute of the City and Commune is resolved with the wording constituting an appendix to this resolution.

§ 2. Execution of the resolution is entrusted to the Mayor of the City and commune.

§ 3. The following resolutions become invalid:the resolution No.XXII/278/2001 adopted by the City Council on 29.09 2001 on adoption of the statute of the City and Commune of Chmielnik and the resolution No. of XXIV/300/2001 adopted by the City Council in Chmielnik on 29 December 2001 on amending the statute of the City and Commune of Chmielnik by virtue of the resolution No. XXII/278/2001 adopted by the City Council in Chmielnik on 29 September 2001 on adoption of the Statute of the Coty and Commune of Chmielnik.

§ 4. The resolution enters into force upon elapse of 14 days from the date of publication of the same in the Official Journal of the Świętokrzyskie Province.

The Chairman of the Council

/-/ Sławomir Wójcik

THE APPENDIX to the resolution No. IV/44/2003 of the City Council in Chmielnik

THE STATUTE OF THE CITY AND COMMUNE OF CHMIELNIK

General provisions

§ 1. The Commune of Chmielnik constitutes a self-governmental community of inhabitants residing in the territory of the commune.

§ 2. The territory of the commune covers the area of 142,87 km². the commune borders are presented in the map constituting the appendix No. 1 to the statute.

§ 3. The seat of authorities of the commune is the City of Chmielnik.

§ 4. The commune has a coat of arms presented in the Appendix No. 2 to the Statute.

§ 5. 1. The Commune acts pursuant to current provisions of law and this statute.

2. Whenever this statute mentions:

a)  "a constitutional act " – it means the act on commune self-government as of 8 March 1990 (i.e. Journal of Laws No. 142/2001, item 1592 with subsequent amendments),
b) “respective provisions"   -   it means acts and by-laws regulating specific sectors.

§ 6. The Commune constitutes:

1)    a public law entity, which means that it is entitled to perform public tasks as specified in acts independently, on its own behalf and upon its own responsibility,

2)    a private law entity, which means that the commune, which has legal personality, is entitled to dispose of its property on its own.

§ 7. The scope of activities and tasks of the commune are specified in:

a)     the constitutional act and other respective provisions,

b) understandings concluded with governmental administration authorities or other territorial self-government units.

§ 8. The Commune realises its tasks by:
a) its own authorities,
b) self-governmental organisational units,
c) conclusion of agreements with other entities,
d) conclusion of understandings with governmental administration as well as the district and province,
e) cooperation with other territorial self-government units.

§ 9. 1. The Commune’s authorities are as follows:
-  the City Council being a decision-making and controlling authority referred to in this statute as “council”,
- the Mayor of the City and Commune of Chmielnik being an executive authority referred to in this statute as “mayor".

 2. The council is competent for all matters included in the scope of the commune’s activities, unless the constitutional act and other respective provisions provide otherwise.

3.The mayor executes resolutions of the council and realises the commune tasks as specified in the constitutional act and other respective provisions.

§ 10. 1. In order to realise specific tasks, the commune establishes elf-governmental organisational units, which may include:
a) organisational units without legal personality,
b) commune legal persons.

2. The list of organisational units is contained in the Appendix No. 3 to this statute.

§ 11. 1. Organisational units without legal personality are established, liquidated and reorganised pursuant to respective provisions.

1. The council resolves or approves rules (statutes) of the units and equips them with necessary assets.
2. Heads of organisational units without legal personality act solely within their competence specified in respective provisions and the power of attorney granted by the management board.

§ 12. 1. Commune legal persons are established pursuant to:
a) respective provisions, which grant the status to the persons,
b) respective provisions and exclusively by the commune.

2. Commune legal persons decide independently on the method of performance of their tasks and exercise of property rights with the reservation of principles resulting from respective provisions.

§ 13. For the purposes of realisation of specific tasks, the commune may conclude agreements with other entities. The contents of such agreements specify in detail rights and obligations of the parties.

§ 14. The commune may realise tasks taken over under an understanding and relating to governmental administration as well as tasks relating to competence of the district and province. The contents of the understanding specify in detail rights and obligations of the parties.

2. The principles of establishment of the cooperation are specified in the constitutional act.

Ancillary units

§ 16. 1. The commune establishes ancillary units, i.e. village administrations.

2.The council decides on establishment, merger, division or liquidation of the ancillary unit upon its own initiative or upon the request of interested inhabitants.

3.The resolution of the council may be adopted upon consultations with inhabitants. The principles and method of consultations are specified in the appendix No. 4 to the statute.

4.The resolution of the council should consider natural spatial conditions, communications conditions, social bonds as well as indicate the name, territory and seat of the authorities.

5.The organisation and scope of activities of the ancillary unit is specified in a resolution adopted by the council and concerning the statute of the village administration.

7. The list of ancillary units is contained in the appendix No. 5 to this statute.

Public information

§ 17. 1. Activities of the commune authorities are open, which means that inhabitants are entitled to:
- obtain information,
- attend the Council sessions,
- attend meetings of the Council committee,
- access documents relating to delivery of public tasks.

 2.Each interested person shall be authorised to access the documents and use the same without the necessity to their prove actual or legal interests.

3.The documents are kept under custody of the head of the office. The head of the office is obliged to undertake necessary activities for disposal of public documents in a form, which is suitable for distribution.

4.Official documents are subject to disclosure as prepared in the form prescribed by:
- the commune authorities,
- the commune supervision and control authorities connected with delivery of public tasks.

The following documents are in particular, subject to disclosure:
-       the council resolutions and regulations issued by the mayor
-       requests and opinions of the council committee,
-       questions and motions filed by councillors,
-       minutes taken during meetings of the council, management board and committee,
-       protocols of control of RIO, NIK, UKS,
-       supervision acts.

5. Public documents are open, except for those, in relation to which exclusion of openness results from the act. The exclusions apply to:
a)    documents containing confidential information within the meaning of the Act on protection of confidential information as of 22 January 1999 (Journal of Laws No. 11, item 95, with subsequent amendments),
b) documents containing information covered by revenue secret within the meaning of the Tax Ordinance as of 29 August 1997 (Journal of Laws No. 137, item 926, with subsequent amendments),
c)  documents containing information covered by statistics secret within the meaning of the Act on public statistics as of 29 June 1995 (Journal of Laws No. 88, item 439, with subsequent amendments),
d) documents containing information covered by banking secret within the meaning of the Banking Law as of 29 August 1997 (Journal of Laws No. 140, item 939, with subsequent amendments),
e)  documents covered by protection of collections of personal data within the meaning of the Act on personal data protection as of 29 August 1997 (Journal of Laws No. 133, item 883),
f)   documents, which may infringe personal property of natural or legal persons within the meaning of Article 23 and 24 of the Civil Code,
g)  other documents provided, that provisions of the act provide for restriction of openness of the documents.

6. The access to documents in cases relating to interests of a party in administrative proceedings are regulated by respective provisions.

7. The access to public documents includes the right to:
a) obtain gratuitous information about the documents,

b) inspect the documents.

8. Information concerning public documents is provided by an employee indicated by the head of the office. In providing the information, the employee indicates a form, in which the document is made available, to an authorised person.

9. Public documents are made available in the following forms:

a) general publication,
b) successive availability of documents for inspection to the public,
c) direct availability of documents to an authorised person upon the request of the person.

10. Documents are published in:
- the Official Journal of the Świętokrzyskie Province,
- a local newspaper,
-  any other journals – ( the Internet).

The principles and method of publication of documents in the Official Journal of the Świętokrzyskie Province are specified in respective provisions.

11. Documents are made available successively to the public by way of:

a) displaying or presentation to the interested parties in generally available rooms,

b) installing equipment enabling the interested parties to read the documents – electronic equipment.

12. The following documents are subject to successive availability:
-       resolutions of the council,
-       regulations of the mayor,
-       minutes taken during the council sessions.

The head of the office may determine types of documents, which may be inspected in the presence of an appointed employee. The authorised person shall have the right to make notes and copies of such documents.

13. Direct access to public documents applies to such documents, which may not be made available in the form of publication or successive availability. Such documents are made available upon a written request of the authorised person. The documents are made available forthwith in the form indicated in the request, if technical means available to the office make it possible to provide the documents in the manner requested by the authorised person. If the document cannot be made available in the form indicated in the request, the head of the office shall decide on other form of access to the documents and he shall justify the same.

14. A refusal of access to the documents is prepared in writing and contains a justification. In the event of failure to make the documents available due to exclusion of openness of some data, one should indicate the basis for and the scope of such exclusion as well as indicate an authority or person, who is responsible for the exclusion.

Upon the request of the interested person, the head of the office or an employee indicated by the latter shall certify copies by affixing his signature on the seal. Public documents, which are subject to publication, are not to be certified.

16. In the event that it is not necessary to make the entire document available, an employee authorised by the head of the office shall prepare an excerpt from the document, which is to be certified.

Internal organisations and methods of work of the commune council

§ 18. The number of members of the council and its term of office is specified in the constitutional act.

§ 19. The council appoints a chairman and deputy chairman from among its members pursuant to the constitutional council. The method of revocation or resignation of a chairman or deputy chairman is regulated by the constitutional act.

§ 20. 1. The chairman’s task is to organise the council’s work and chair meetings.

2. As part of organisation of the council’s work, the chairman:
a) represents the council outside,
b) coordinates works of the committee,
c) convenes sessions,
d) established the agenda.

3. As part of chairing meetings, the chairman:
a)opens the session,
b) chairs meetings,
c) closes the session.

4. The chairman may appoint a deputy chairman to perform his tasks.

§ 21. 1. The Council attends meetings, during which it considers and resolves all matters falling within its competence.

2. The first session of the newly-appointed council is convened pursuant to the constitutional act.

3.Further sessions of the council are convened by the chairman no less frequently than once a quarter.

4.Upon the request of the mayor or at least ¼ of the statutory members of the council, the chairman is obliged to convene a session within 7 days from the date of submission of the request.

§ 22. 1. Councillors are notified of a session in writing at least 3 days in advance. The agenda and draft resolutions are attached to the notification.

2. The information concerning due date, venue and subject of the meeting is provided to the public by displaying the same on the notice board in the commune office at least 3 days in advance.

§ 23. In cases justified by significance of cases and urgent resolution of the same, the chairman may convene the meeting without adherence to the due dates referred to in§ 22 by a delivery man, who delivers the notification, draft agenda and draft resolutions. Respective provisions of the Code of Administrative Proceedings apply to delivery of notifications by a delivery man.

§ 24. The session is held during one meeting. In specially justified cases one session may include one or more meetings. Due dates of meetings included in the same session are fixed by the chairman, who notifies councillors of the same verbally.

§ 25. The council starts its meeting in the presence of at least half of the members. In the event that the numberof councillors present during the session decreases below half of the members, the chairman shall suspend the meeting.

§ 26. If the agenda provides for secret or open voting involving disclosure of names, the council appoints three persons for the scrutinising committee from among the members. The task of the committee is to calculate results of secret and open voting involving disclosure of names. Members of the committee are appointed jointly.

§ 27. Upon secret or open voting involving disclosure of names and reading of a protocol of the scrutinising committee, the council adopts a resolution relating to the matter.

§ 28. 1. The session deal with matters included in the agenda.

2.Councillors may file a motion for change of the agenda fixed by the chairman at the beginning of the session and before acceptance of a protocol from the previous session at the latest.
3. Motions for change of the agenda are subject to immediate voting.
4. The motion may not, however, be filed by the mayor.

§ 29. The agenda of the session should included the following items:
a) acceptance of the protocol from the previous session,
b) a report on the mayor’s activities covering the period between the sessions,
c) consideration of draft resolutions and adoption of resolutions,
d) councillors’ enquiries and questions.

§ 30. 1. The chairman gives councillors the floor only in relation to matters included in the agenda and in consideration of order of requests.
2. The chairman gives councillors the floor in relation to matters not included in the agenda only in cases of formal requests, including:
- suspension, postponing or closing of the session,
- postponing or closing of discussions,
- voting without discussion,
- confirmation of a quorum.

3. A formal request is considered by the council upon hearing the requesting party and, possibly, one opposite vote.

§ 31. Councillors intending to participate in the discussion concerning a specific item of the agenda are obliged to notify the chairman of the council of the same.

§ 32. A councillor may take the floor in a debate over a given matter only once. The total time of the councillor’s speech may not exceed 5 minutes. A speech presenting the opinion of a club or committee may not exceed 10 minutes.

§ 33. The chairman may give the floor to the following persons without considering the order of speakers:

a) the mayor or a person authorised by the mayor,
b) invited guests.

§ 34. 1. The chairman is responsible for respect and order during the meeting and undertakes necessary activities in order to restore the same.

2. The chairman may reprove a councillor, who deviates from the subject of the meeting during his speech and call the councillor to order.

3.The chairman may call a councillor to order, if he interferes with the agenda. Upon calling the councillor to order twice, the chairman may order the councillor to leave the room.

§ 35. The council expresses its opinions in the form of resolutions. The council also may adopt appeals, using the same method as in the case of resolutions, if the appeals do not contain a legally binding appeal for a specific conduct, undertaking of an initiative or task.

§ 36. The resolution move may be vested in:
a) the mayor
b) committees
c) at least 5 councillors

§ 37. 1. A draft resolution is submitted in a written form to the chairman, who is obliged to include the same in the agenda at the nearest session.
2. A draft resolution is enclosed with justification, if necessary, which should explain the aim of adopting of a resolution or indicate sources of funds, if the draft resolution is to burden the commune budget.

§ 38. Resolutions are passed by ordinary majority of votes, in the presence of at least half of the council members and in open voting or open voting involving disclosure of names, unless the constitutional act provides otherwise. The council decides on open voting involving disclosure of names upon councillors’ request.

§ 39. 1. Open voting is done by raising hands.

2. Open voting involving disclosure of names is done with the use of a voting card with the council stamp affixed to it and the name and surname of the councillor.

3. Secret voting is done with the use of a voting card with the council stamp affixed to it and the handwritten signature of the chairman of the scrutinising committee.

4.In open voting involving disclosure of names and in secret voting councillors, having filled in voting cards, insert the cards into the box in the alphabetical order as summoned by the secretary.

§ 40. 1. Votes are calculated in open voting by the chairman cooperating with deputy chairmen.

2. The box is opened and votes cast in secret voting and open voting involving disclosure of names are calculated by the scrutinising committee.

§ 41. In open voting the following order of voting is provided for:
a) voting on a request for total rejection of a resolution, if the request is submitted,
b) voting on a request for total adoption of a resolution, if the request is submitted,
c) voting on amendments in the order established by the chairman,
d) voting on total adoption of a resolution with changes resulting from adopted amendments.

§ 42. 1. Cards for open voting involving disclosure of names and secret voting contain proposed results and columns with votes “for”, “against” and “abstention”.

2. A councillor cast his vote by putting of "x" in the selected column with results. The absence of “x” as well as any annotations or deletions make the vote invalid.

§ 43. 1. Resolutions, which require ordinary majority votes, are passed, if the number of votes cast “for” is greater than the number of votes cast “against”. Abstention votes are not considered.

2. If the subject of voting includes selection of one of the results, then, the ordinary majority of votes is to be understood as the number of votes opting for one of the results, which exceeds the number of votes falling to each alternative of the result.

3. Resolutions, which require absolute majority of votes, are passed, if the number of votes cast “for” constitutes at least the first total number subsequent to half of the valid cast votes.

4. Resolutions, which require absolute majority of votes cats by statutory members, are passed, if at least the first total number of votes cast “for” the resolution exceeds half of the statutory members of the council and is the nearest to the half.

§ 44. 1. Open voting results are announced by the chairman.

2.In the case of secret voting and open voting with disclosure of names, results are announced by the chairman of the scrutinising committee on the basis of a protocol made by the committee.

3. A protocol of the scrutinising committee contains:
a) members of the committee,
b) the number of persons participating in voting,
c) the number of votes cast, including valid and invalid votes,
d) the number of votes case for particular results.

The protocol is signed by all members of the committee.

§ 45. Voting results are final and they be not be subject to discussions. Results of secret voting and open voting involving disclosure of names constitute a basis for preparation of a respective resolution. Subsequent voting on the same matter is admissible only, if obvious errors in calculations are found.

§ 46. 1. Resolutions of the council constitute separate documents attached to the protocol of the session in the form of appendixes.
2. Resolutions with procedural significance relating to the course of the session may be included in the protocol without the need to prepare a separate document.
3. A resolution contains a date, number, legal basis, subject provisions, authorities responsible for execution of the resolution and date of entry of the resolution into force.
4. Resolutions adopted at the session are signed by the chairman and deputy chairman.

§ 47. Minutes are taken during the session. The minutes constitute official confirmation of the course of the session. Minutes include:
- determination of quorum,
- appointment of secretaries of the session and scrutinising committee,
- the number of questions and enquiries submitted,
- names and surnames of persons taking the floor during discussions,
- results of voting on particular resolutions,
- determination of events affecting the course of the session,
as well as appendixes including full texts of adopted resolutions, submitted reports and other materials considered by the council.

3. Minutes are signed by the chairman, secretaries and the person keeping the minutes.

§ 48. 1.A councillor and each participant of the session taking part in the discussion may make reservations or submit amendments to the minutes no later than by the time of acceptance of the minutes taken during the previous session.

2. The council decides on consideration of a reservation or amendment by voting.

§ 49. 1. The council appoints, from among its members, permanent and temporary commissions for the purposes to realise specific tasks.
2. Committees perform auxiliary functions and may not take over powers of the council.
3.A councillor may participate in works of at least one committee.

§ 50. The following permanent committees are established:

1. The Revision Committee, which acts to control activities of the mayor, self-governmental organisational units and ancillary units.

2. The Committee of Finance Budget and Economic Development, which acts in relation to matters of the commune budget and financial plans of the commune organisational units and purpose funds. The obligations of the committee include:
a) issuing of opinions on draft budget and report on achievement of the budget,
b) issuing of opinions on local spatial development plans,
c)issuing of opinions on draft social and economic plans,
d) issuing of opinions on determination of amounts of taxes and fees within limits specified in the act,
e)matters relating to property of the commune.
f) initiation of activities for development of enterprise and prevention of unemployment.

3. The Committee of Education, Culture, Health and Social Matters. The obligations of the committee include tasks and issuing of opinions relating to:
a) health protection and social matters,
b) education (schools, kindergartens),
c)  culture and sports,
d) public safety and fire protection.

4. The Committee of Agriculture and Environmental Protection. The tasks of the committee include issuing of opinions relating to:

a) disposal of the commune land resources,
b) supplying water to the village and water drainage systems,
c) development of infrastructure and trade,
d) environmental protection.

5. The Committee for the Statute and Rules, the obligations of which include issuing opinions on draft resolutions of the City Council. The committee is composed of a chairman of the council, deputy chairman of the council and a chairmen of all permanent committees of the council.

§ 51. Temporarycommittees are appointed by the council depending on needs.

§ 52. 1. The council determines, by virtues of a separate resolution, the maximum number of councillors as members of the committee.
2.Councillors declare their membership to particular committees.
3.In the event that a declaration of membership to a committee is submitted by the number of councillors exceeding the maximum number of the committee members as specified by the council, the council selects members from among those councillors, who submitted the declarations.
4.In the event that the number of councillors submitting declarations of membership to a committee does not exceed the maximum number of members specified by the council, the council accepts councillors, who submitted the declarations.

§ 53. The composition of committee may be changed in the following cases:
- resignation of a councillor from membership to the committee,
- revocation of a councillor from the function of the committee member upon the request of the chairman of the council.

§ 54. The council approves and revokes the chairman of the council upon the request submitted by the committee. Upon the request submitted by the chairman of the committee, the committee selects, from among its members, as well as revokes a deputy chairman and secretary.

§ 55. 1. The chairman of the committee organises the committee’s works and chairs its meetings.

2. The chairman’s obligations include:
a) preparation of draft plans of the committee’s works,
b) fixing of due dates and determination of agenda of the committee meetings upon agreement with the chairman of the council,
c)  chair meetings,
d) take care of documentation of works.

3. In the event of absence of the chairman of the committee, his duties are performed by a deputy chairman.

§ 56. 1. The committee conducts its activities during meetings.

2. The chairman of the committee notifies its members in writing of due date, venue and agenda of the meetings, unless the due date was announced during the previous meeting.

3. The information about due date, venue and agenda of the meeting is announced by displaying the same on the notice board in the commune office at least 3 days in advance.

§ 57. The committee meetings may be attended by councillors, who are not its members, who may take the floor during discussions and submit motions without the right to participate in voting.

§ 58. 1. Committees present their opinions in the form of resolutions.
2. For passing a resolution, the ordinary majority of votes is required as cast in the presence of half of the committee members. Voting is open by raising hands.
3. In the event of an equal number of votes, a vote cast by the chairman of the committee shall be decisive.

§ 59. Minutes are taken during the meeting. The minutes and other documents connected with the committee’s works are signed by the chairman of the committee.

Principles and method of activities of the revision committee

§ 60. To activities of the revision committee the provisions of par. 49 to 58 of the Statute shall apply accordingly, with the reservation of the provisions of par. 61 to 69.

§ 61. 1. The number of members of the revision committee is determined by way of a separate resolution.

2. The composition of the revision committee is regulated by provisions of the constitutional act.

§ 62. The revision committee conducts an inspection on the basis of the annual inspection plan and, additionally, conducts inspections not included in the annual plan:
- upon a request of the council,
-upon the mayor’s request, if he deems such inspections necessary,
-upon a request of the chairman of the council.

§ 63. The annual inspection plan of the revision committee including determination of the object, subject and due date of an inspection shall be approved by the council. The chairman of the revision committee notified the chairman of the council before commencement of the meeting of the object, subject and due date of an inspection not include in the annual plan.

§ 64. Members of the revision committee perform inspection activities on the basis of an authorisation issued for their names by the chairman of the revision committee.

§ 65. An inspection is conducted in a manner, which does not interfere with activities of the inspected party.

§ 66. 1. Inspectors shall be entitled to:
- enter rooms,
- inspect documents,
- call employees of the inspected entity to make written explanations,
- prepare copies of documents.

2. The mayor and directors of organisational units and heads of self-governmental organisational units and chairmen of executive authorities of ancillary units, within the scope of their competence, shall be obliged to provide all information and make all materials and documents available for the purposes of the committee’s work, unless provisions of law oppose to the same. A refusal to admit inspectors to inspection activities shall require justification of the head of the inspected unit.

§ 67. Upon completion of the activities, inspectors prepare a protocol of the inspection including:

-date, venue and subject of the inspection,
-description of the actual conditions as confirmed during activities,
-a list of irregularities found,
- conclusions resulting from the inspection,
-draft post-inspection recommendations,
-a lit of documents attached to the protocol,
- signatures of inspecting members,
-annotation about providing the head of the unit with contents of the protocol.

§ 69. If, in the course of inspection activities, a crime or offence is suspected, the committee shall present the case to the chairman of the council of mayor respectively for the purposes of notification of prosecutors.

Principles of activities of clubs

§ 70. 1. Councillors may established councillor clubs.

2.A club is composed of at least 5 councillors.
3.A councillor may be a member of one club only.

§ 71. 1. Councillors, who are members of the club, prepare a protocol of incorporation of the club and specify aims and forms of their activities.

2. Councillor clubs conduct their activities on the basis of their own rules. The rules may not be contrary to the statute of the commune.

3. Members of the club notify the chairman of the councillor of incorporation of the club. The notification includes the name of the club, names and surnames of its members and data of the councillor representing the club outside.

§ 72. Councillor clubs are authorised to:
- issue opinions on matters discussed during a session,
- make enquiries, pose questions and submit declarations.

§ 73. Tights and obligations of councillors are specified in the constitutional act.

§ 74. 1. A councillor confirms his presence in meetings of the committee by signing a list of attendance.
2. In the event that a councillor is not able to attend a session or meeting of the committee, he shall be obliged to justify his absence to the chairman of the council of chairman of the committee.

§ 75. 1. Councillors are entitled to make enquiries and pose questions.
2. An enquiry is made by a councillor in relation to matters with of vital significance. An enquiry is made in writing. It should contain a short description of the actual state of affairs and any resulting questions. A reply to the enquiry is provided orally at the nearest session or in writing upon the request of the party making the enquiry, however, no later than within 30 days from the date of its recept by the party making the enquiry.
3. Questions are posed by a councillor in relation to current matters of lesser importance. Questions are posed orally at the session or a meeting of the session. Replies to questions are provided immediately in the oral form. Upon the request of a councillor, a reply should be prepared in writing within 7 days. No discussions are conducted in relation to replies, which have not been provided.

Principles of participation of the chairman of the executive authority of the ancillary unit in the commune council’s works

§ 76. Chairmen of the executive authorities of an ancillary unit may participate in the council’s works by:
a) attending sessions personally,
b) participating in committees personally,
c) making enquiries and posing questions in relation to matters concerning the unit.

§ 77. Chairmen ofthe executive authorities of an ancillary unit shall are notifies of due date and venue of the session meeting in writing at least 3 days in advance.

§ 78. Principles of granting of allowances and reimbursement of travels costs incurred by chairmenofthe executive authorities of an ancillary unit shall be determined by a separate resolution.

Self-government employees

§ 79. 1.The mayor performs tasks provided for in respective provisions.
2. In the event that the mayor is absent or temporarily unable to perform his duties, his duties shall be performed by a deputy mayor.
3.  The mayor shall consider matters falling within his competence in the form of regulations. In the cases specified in respective provisions, the mayor makes administrative decisions.

§ 80. The mayor fulfils his duties on the basis of a relationship of employment and appointment.

§ 81. 1. Periodical evaluations of qualifications of appointed employees are performed at least once every two years. If an employee obtained a negative evaluation of his qualifications, another evaluation is performed upon elapse of three months.2. Evaluations are made by a committee composed of the mayor, secretary and 3 councillors.
In specially justified cases the mayor may order performance of evaluation at any time, however, no more frequently than once every 6 months.
3. A copy of the evaluation document made by the committee is delivered to the interested employee.
4. An employee may appeal from a negative evaluation of the committee to the Mayor within 7 days from the day, on which the employee received the document referred to in par. 4.
5. An employee may not appeal from the Mayor’s opinion.

Powers of an ancillary units to conduct financial activities covered by the commune budget

§ 82. 1. Ancillary units do not create their own budgets, but they conduct their financial activities as covered by the commune budget.

2. Pursuant to the current procedure relating to adoption of the budget, executive authorities of ancillary units file budget motions. The motions present the scope and kinds of tasks to be realised by the ancillary unit.

3.In preparing a draft budget, the mayor corrects, approves or rejects budget motions.

4.In the event of approval of a motion, in part or in whole, expenses envisaged for the ancillary unit are presented in the form of an appendix to the budget resolution.

5.The chairman of the executive authority of the ancillary unit is responsible for correctness of finance management.

Final provisions

§ 83. To any matters not regulated by the statute, the constitutional act and respective provisions shall apply.

§ 84. This statute is subject to publication in the Official Journal of the Świętokrzyskie Province and enters into force upon elapse of 14 days from its publication.

§ 85. As of entry of this statute into force, the following resolutions become invalid:the resolution No.XXII/278/2001 adopted by the City Council on 29.09. 2001 on adoption of the statute of the City and Commune of Chmielnik and the resolution No. of XXIV/300/2001 adopted by the City Council in Chmielnik on 29 December 2001 on amending the statute of the City and Commune of Chmielnik by virtue of the resolution No. XXII/278/2001 adopted by the City Council in Chmielnik on 29 September 2001 on adoption of the Statute of the Coty and Commune of Chmielnik.

THE APPENDIX No. 1 to the Statute of the City and Commune of Chmielnik

BORDERS OF THE COMMUNE OF CHMIELNIK
( graphics excluded)

THE APPENDIX No. 2 to the Statute of the City and Commune of Chmielnik
( graphics excluded)

THE APPENDIX No. 3 to the Statute of the City and Commune of Chmielnik

The list of organisational units

I. Urząd Miasta i Gminy [The City and Commune Office] in Chmielnik
2.Zakład Usług Komunalnych [The Institution of Municipal Services] in  Chmielnik
3.Miejsko-Gminny Ośrodek Pomocy Społecznej [The City and Commune Welfare Centre] in Chmielnik
4.Chmielnickie Centrum Kultury [The Centre of Culture] in Chmielnik
5.Samodzielny Publiczny Zakład Opieki Zdrowotnej [The Independent Healthcare Institution] in Chmielnik
6.Publiczne Gimnazjum [The Public High School] in Chmielnik
7.Szkoła Podstawowa im. Stefana Żeromskiego [The Stefan Żeromski Primary School] in Chmielnik
8.Szkoła Podstawowa im. Jana Pawła II [The John Paul II Primary School in Piotrkowice and Samorządowe Przedszkole[The Self-governmental Kindergarten] in Piotrkowice
9.Samorządowe Przedszkole [The Self-governmental Kindergarten] in Chmielnik

THE APPENDIX No. 4 to the Statute of the City and Commune of Chmielnik

Principles and methods of consultations with inhabitants of the commune of Chmielnik.

Pursuant to Art. 5a, par. 2 of the Act on the commune self-government as of 8 March 1990 (i.e. Journal of Laws No. 142/2001, item 1592 with subsequent amendments), its has been resolved as follows:

1. Consultations with inhabitants of the commune of Chmielnik are conducted in the cases:

-       provided for in acts,

-       in other cases significant for the commune of Chmielnik, unless the council decides otherwise by virtue of a separate resolution.

1. All inhabitants of the commune are entitled to participate in consultations. In the event of any doubts as to qualifications of person interested in participation in the consultations, principles for establishment of active voting rights for election of the council shall be applicable accordingly.
2. During consultations inhabitants express their opinions on a method of resolution of a matter subject to consultations. Opinions may be expressed by inhabitants in the following forms:

a) direct form    -   by signing consultation list personally by inhabitants,

or

b) through their representatives – by virtue of resolutions passed by authorities of ancillary units of the commune.

1. The mayor shall be authorised to initiate consultations, if the act provides for the obligation to perform the same, in such time as to enable timely performance of consultations.
2. Consultations on other matters significant for the commune of Chmielnik are initiated, if the commune council decides so in its resolution.

The commune council may decide upon performance of consultations on a specific matters and upon its own initiative or upon a request of interested parties. In deciding upon performance of consultations, the commune council determines the subject, aims and envisaged results of the decision.

6. In the event that consultations are initiated pursuant to par. 4 and 5 of this appendix, the mayor shall indicate the following, by virtue of his regulation:

-       a calendar of consultation activities,

-       consultation districts,

-       proxies appointed for consultations.

7. The calendar of activities, consultation districts as well as names, surnames and registered offices of proxies are published in an announcement available in the commune office.

8. The calendar of consultation activities includes the following:

-       date of commencement and completion of consultations,

-       indication of a form for inhabitants to issue their opinions,

-       due date for preparation of collective statements,

-       due date and venue of publication of consultation results.

9. Consultations are performed in consultation districts, which, depending on the subject of consultations, may include borders of ancillary units or their parts.

10. Proxies for consultations conduct their activities in particular consultation districts. A proxy may be a councillor of the commune or other trustworthy person. A proxy:

-       supervises smooth and correct course of consultations,

-       collects documents,

-       prepares a statement of opinions issued in the consultation district.

The mayor ensures an office for the proxy as well as technical and material conditions for realisation of his tasks.

11. On the basis of opinions issued in particular consultation districts, collective results are prepared by the management board of the commune and presented to the council.

12. Te collective results of consultations with inhabitants are published in an announcement available in the commune office.

13. Any costs connected with performance of consultations are covered by the budget of the commune of Chmielnik.