Requirements to be a Councilor: Procedure, Powers and MORE

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If you are thinking of helping the community in a more concrete way, review the Requirements to be a CouncilorIf you are not a possible candidate to be a councilor, surely you know someone from your community who has the conditions and characteristics to be a representative of the municipality.

The person who meets the conditions to be elected as a councilor must also have mystique, dedication and respect for the community. It must perform all its functions with absolute transparency.

Also, you have to be able to find solutions, manage projects, develop many others, in addition to being the guarantor of the public resources assigned to the commune.

Today, citizens are more aware of the responsibility of their public representatives who have been elected to assume responsibilities. Hence the importance of knowing everything related to public office of popular representation.

Requirements to be a Councilor

Within the Legal Order established in Chile, in the Organic Law of Municipalities are they Requirements to be a Councilor, set forth in Article 73, are the following:

  • Be a Chilean citizen with the right to vote.
  • Have approved secondary education.
  • To have resided for at least two years in the region or in the group of communes to which it corresponds.
  • Current military situation.
  • Have no addiction to non-legal narcotic or psychotropic substances.
  • Of course, not having any of the disqualifications determined by the Law.

Who Cannot Be Councilors?

Following with the Requirements to be a Councilor, the regulations establish in Article 74 of the Organic Law of Municipalities, who have limitations when trying to be a Councilor in any of the regions of Chile.

Therefore, they cannot be candidates to be eligible for councilor the following:

  • They cannot launch candidacies for councilor the ministers, governors of the regions, secretaries and undersecretaries of the ministerial regions, the presidential delegates of the regions and provinces, the councilors of the regions, the parliamentary members and the Central Bank. Neither can the Comptroller General of the Nation.
  • Likewise, those who make up the electoral courts of the region, the Council for Transparency, the Qualification of elections, the Court for the Defense of Free Competition, the Judiciary, the Constitutional Court, the Armed Forces, the Comptroller General, the members of order and security, Public Ministry, Public Contracting.
  • Likewise, those who have signed up to two hundred units directly or through third parties cannot be candidates for council. monthly or higher tax payments with the municipality.
  • Those who still maintain ties with the municipality, in the form of unresolved complaints, with the exception of those that correspond to the very personal rights of the spouse, children or other relatives up to the third degree of consanguinity and second degree of affinity.
  • Likewise, the partners, representatives, administrators and directors of any society, when the same maintains valid contracts up to two hundred monthly tax units or more with the municipality. In the same way with pending litigation with the municipality.
  • Nor can those who are suffering convictions for crimes of crime or any other crime exercise the candidacy for councilor.
  • Those who have acted as lawyers or agents in municipal trials cannot be councilors.
  • Those who have the quality of being a spouse, children, relatives of the mayor of the same municipality.

Procedure to be a Councilor in Chile

Candidates for Councilor must be exclusive of candidacies for Mayor. That is to say Only one application can be submitted either for councilor or mayor of the same commune.

There is a marked difference with respect to the difference with the election for mayors. The councilors are not elected by the totality of votes obtained from the citizenship, but rather by a more complicated method.

The election will be subject to the pact to which the candidate belongs or the party of which the candidate is a member. That is, to be elected councilor, it will depend on the victory of the pact. Since the sum of votes obtained will define the number of places to choose within the municipality.

The number is calculated by means of a proportional calculation, then the number of councilors is obtained based on the votes obtained by each pact.

According to the Requirements to be a Councilor, the procedure is the next:

Presentation of the candidatures.

The political parties or the so-called electoral pacts must present the candidates for councilors in a single day and referred to each commune. A political party can make pacts with one or several political parties, also with independents.

Independent candidacies will be subject to the number of voters who have exercised the right to vote in the corresponding commune. It should not be less than 0.5% of the voters.

Acceptance or return of applications.

In a period of 10 days after the presentation of the candidates for councilor, the Director of the Electoral Service of the region, through a resolution, will make public the acceptance or not of the candidacies.

Registration in the corresponding Register of a special nature.

The Director of the Electoral Service of the region must register the candidacies in a so-called special registry.

Counting of polling stations.

The secretary of the table must send the calculations to the President of the Electoral Tribunal of the region.

Execution of the general scrutiny and qualification.

Within the framework of the law, the electoral courts of the region will carry out the general scrutiny and qualification of the municipal elections.

According to the procedure indicated in the law, the Court of the regions will indicate the elected councilors. Items are the 121, 122, 123, 124, 125, 126, 127 and 128 respectively of Law 18.695 which is the Organic Constitutional Law of Municipalities.

Attributions of the Councilors

The main functions of the Councilors in the municipality have to do with approaching and accompanying the community, listening and attending to the problems of the commune to which it belongs.

The Council must regulate, resolve and carry out the inspection.

Regulate or Norm at the request of the Mayor:

  • Prescribe municipal ordinances and the regulation that determines the organization of the municipality.
  • Do the approval or not of projects communal.
  • Approve or reject the municipal budget, health budgets, education budgets, also investment programs.
  • Ratify or deny the commune’s regulatory plan, approve the provision of services of the municipality and the policies of human resources.
  • Solve situations that depend on the council, according to the law.
  • Do the aapproval or rejection of concessions, permits and tenders requested from the municipality.

Supervise:

  • Verify the mayor’s management and make the pertinent observations.
  • Make recommendations to the mayor related to community projects.
  • Check that municipal acts are in accordance with the rules, agreements and policies of the council.
  • Ensure compliance with the plans municipal investment.
  • Monitor budget execution and the financial situation of the municipality.
  • Do the election of the mayor, in vacancy situations.
  • Make the pronouncement on the plans, investment programs of the municipality.
  • Analyze the monthly public record of municipal expenses, which is coordinated by the Administration and Finance Directorate.
  • Request accountability and reports to companies or municipal entities that receive contributions from the municipality.
  • Carry out audits municipal services.

What is it?

Being a councilor is representing the region or community and exercise its own powers established by law. Be the guarantor of the resources assigned and their use. It is to be part of a body called the Council that has specific functions within the municipal law.

Councilors They are elected through direct voting, by a representation system that is proportional.

The municipal councils are made up of a number ranging from 6 to 10 councilors, Of course, this also depends on the size of the commune. Councilors can be reelected and remain for four years until the next election.

In each municipality, the council will be in charge of allowing citizen participation of the community and comply with the mandate of the law. The installation of the council will be carried out on December 6 of the corresponding year of the election.

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