On November 30, 1999 No. 765-IQ
About municipal service
This Law governs the relations connected with municipal service and legal status of local government officers in the Azerbaijan Republic.
Legal regulation of municipal service, including the status of the local government officer, condition and procedure of municipal service are determined by the Constitution of the Azerbaijan Republic, this Law, other legal acts of the Azerbaijan Republic and the charter of municipality.
The municipal service is permanent professional activity in local government bodies for execution of powers of these bodies.
The local government officer is worker, appointed to position in local government bodies and being in these bodies on paid work.
The members of municipality and persons, acting as who is not connected directly with ensuring activities of municipalities are not considered as local government officers.
The member of municipality cannot perform activities as the local government officer.
The chairman of municipality, the structural divisions created by it according to the procedure, established by the Law of the Azerbaijan Republic "About the status of municipalities" and the charter of municipality, and other executive structures are part of executive office of municipality.
The structure of executive office, the staff list the job description of the local government officer and expense budget of content of municipality are approved by municipality.
Management of executive office of municipality is performed by the chairman of municipality.
The executive office of municipality knows organizational, information, clerical matters, material logistics of municipality, and also permanent and other commissions of municipality, carries out orders of the chairman of municipality, provides execution of decisions of municipality. Heads of structural divisions of executive office of municipality report in the performed works to municipality and the chairman of municipality, provide information on the questions which are within their competence at meetings of permanent and other commissions.
The structure of municipal executive office is created of chiefs of managements and deputy chiefs managing departments and deputy managers, specialists, inspectors and other workers according to the territory where the municipality, and specific condition of its work according to the procedure and quantity, provided by the charter of the relevant municipality functions.
The chairman of municipality and heads of structural divisions of executive office of municipality perform the organizational management connected with municipal service and fulfill the following duties:
control of execution of this Law;
the organization of work in the field of additional education;
introduction of offers concerning change of the place of local government officers;
execution of the decisions made by municipality.
The chairman of municipality appoints heads of the executive structures created for implementation of programs of servicing of local population, economic and social development based on the decision of municipality, and other workers - according to results of assessment of the contest committee of municipality.
Taking into account requirements of the second part of article 5 of this Law citizens are accepted on municipal service on the basis of tender.
For implementation of acceptance on municipal service on the basis of tender the contest committee of municipality (further - the contest committee) in structure from 5 members and employees of municipality is created. The structure, the chairman and the vice-chairman of the contest committee affirm the decision of municipality.
The contest committee performs the activities by means of meetings. Meetings of the contest committee are competent if more than a half of members participate in them. In the absence of the chairman in meetings the vice-chairman presides.
The contest committee performs the activities on the basis of the principles of legality, objectivity, transparency and equality.
Intervention in work of the contest committee is not allowed.
The contest committee estimates compliance of candidates of the corresponding position according to their level of knowledge, professional training, general outlook and qualities which are required for the corresponding position.
The contest committee experts in the respective spheres can be involved.
The procedure for the announcement of tender, documents acceptance, carrying out tender and assessment of its results is established by relevant organ of the executive authority.
Members of the contest committee have the right to participate in the solution of the questions which are within the competence of the contest committee to submit proposals, and also to get acquainted with decisions, protocols and other documents of this commission, and in case of disagreement with them - to provide the special conclusion.
Obligations of members of the contest committee:
- not miss meeting of the contest committee without reasonable excuse and to come timely to the venue of meeting;
- participate on vote on the questions considered in meetings of the contest committee;
- not allow action and performance which can do harm to name and faultlessness of the member of the contest committee.
- During tender members of the contest committee shall observe the below-specified requirements:
- be respectful to the personality and opinion of the candidate;
- express the opinion on suitability of the candidate for the corresponding position;
- not leave the room in which competition is held and not to use means of communication.
If the member of the contest committee is in close relationship, close communication, the dependence relations with any of candidates or if there are circumstances which can negatively affect objective assessment, then he shall declare rejection. In the same order, in the presence of the similar bases, prior to tender the candidate can declare branch to any member (members) of competitive board.
In case of the statement of motivated branch according to the fourth part of this Article the member of the contest committee concerning whom branch is declared cannot participate in assessment of the contest committee concerning the candidate who became the reason of the statement of this branch. If as a result of the statement of branch the contest committee cannot perform the activities, then concerning this candidate the contest committee will be organized anew.
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