Suspending A Mayor : Procedure Underscored By Law
- Par Eulalia AMABO
- 22 août 2022 10:49
- 0 Likes
It is contained in the December 2019 law on the General Code on Regional and Local Authorities.
The duties of a Mayor or his deputy can be suspended in situations in which the actions of the said municipal councilor is found wanting. The reasons and procedure of up-lighting the functions of a mayor or his duty are clearly highlighted in the General Code on Regional and Local Authorities in its section three.
Section 225 (1) of the Code states that in case of infringement of laws or regulations in force or gross misconduct, the mayor and deputy mayors after having been heard or asked to provide written explications relating to their charges, may be suspended by order of the minister in charge of local authorities for a period not exceeding three months. After the said period, they may be rehabilitated or dismissed, and the dismissal shall be ordered by a decree of the President of the Republic. In the case of embezzlement of public funds, an offence liable to criminal sanction with penalty, proven shortcoming or gross misconduct in the discharge of their duties, the Mayor and deputy mayors, the Code states, may be dismissed by decree of the President of the Republic. The law further highlights that they may also after being heard, be dismissed by deliberation of the council board during an extraordinary session convened by the representative of the State at his own initiative or at the request of two thirds of the board members. The deliberation, the Code clearly highlights, shall automatically entail suspension of the mayor and his deputy mayors once it is adopted and I shall be rendered enforceable by an order of the minister in charge of local authorities. Section 227 (1) of the aforementioned Code stipulates that, where the mayor refrains from taking the act...
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