MMU Statute

MARMARA MUNICIPALITIES UNION STATUTE
 
SECTION 1
 
General Provisions Regarding the Legal Entity of the Association and Its Members

Name of the Union
ARTICLE 1 - (1) The name of the Union is Marmara Municipalities Union. The Acronym of the Union is MMU.

Center of the Union
ARTICLE 2 - (1) The Center of the Union is in Istanbul.

Legal basis
ARTICLE 3 - (1) This Statute is prepared on the basis of Article 5 of Law No. 5355 on Unions of Local Governments.

Working Area and Time of the Union
ARTICLE 4 - (1) The working area of the Union covers the municipalities in the Marmara Region. In addition, municipalities which have close and intensive interaction with the Marmara Region in terms of geographical, economic, cultural and service needs, and thus can actively contribute to the operation of the Union, may also be members of the Union. The working time of the Union is unlimited.

Members of the Union
ARTICLE 5 - (1) The members of the Union are the municipalities shown on the list attached to the Statute and approved by the Presidency of the Union.

Purpose of the Union
ARTICLE 6 - (1) The purpose of the Union is to strive for the adaptation of an understanding of local administration which is democratic, participatory, transparent, accountable and based on human rights and freedoms; to act as a guide for sustainable local development and to support local administrations in their efforts to provide more effective and efficient service to the public by developing cooperation and solidarity between local administrations and municipalities.

Duty and Service Areas of the Union
ARTICLE 7 - (1) The Union carries out the duties and services which are supportive and beneficial to members in the following areas:
a) Conduct work to protect its members' rights and freedoms,
b) Conduct joint training courses and research on the working areas of municipalities and local administrations and establish a training and research center and a local administration academy,
c) Follow developments in the field of local administration and city administration; organize events such as meetings, conferences, seminars, panels, technical and professional reviews; conduct activities such as exchange programs, research and development, and benchmarking,
d) Support the master's theses, doctoral theses and research projects studying and developing proposals in the field of local administrations; find scientists, experts and practitioners to conduct research and make reports; prepare publications,
e) Develop its members' corporate capacity building; provide technical, legal, financial and managerial consultancy services to its members,
f) Present an opinion on the legal and administrative regulations concerning municipalities,
g) Ensure that members share information and experiences with each other; support exemplary good practices and disseminate them; conduct printing and publishing activities,
h)Perform investigations and surveys about the Marmara Sea and the Straits and support such efforts and give advice,
i) Conduct joint planning and project design studies and conduct research on the protection of the environment, waste management, climate change policies, and efficient use of energy,
j) Fight against environmental pollution and destruction of nature and participate in activities carried out by central and local government and other organizations,
k) Carry out necessary studies on the preservation of the historic fabric and cultural environment and participates in these activities,
l) Conduct training and informative activities on natural disaster preparation and perform work to develop cooperation among municipalities,
m) Contribute to the social, economic and cultural development in the Union's field of activity and the aim of sustainable development,
n) Carry out the product purchases and service provisions concerning more than one municipality if the respective municipalities authorize it,
o) Conduct joint studies and cooperation with national and international local administration institutions, institutions connected with local administrations, public professional organizations, non-governmental organizations, and universities; participate in and affiliate with these kinds of organizations with the permission of the relevant ministries,
p) Promote peace and fraternity developing town twinning relations among its members and other cities and municipalities,
q) Participate in studies on local administration within the European Union membership negotiations,
r) Perform the tasks necessary for its members to benefit from domestic and foreign investment opportunities in line with the purpose of sustainable development,
s) Make cultural, sportive, educational, and scientific organizations open to participation at local, regional, national, and international level and/or participate in those that are made,
t) Represent its members before relevant authorities at home and abroad.

Rights, Authorities and Privileges of the Union
ARTICLE 8 - (1) The Union is a public institution with legal entity status and has the rights, powers and privileges of the municipalities in its duty and service areas.

Union Membership
ARTICLE 9 - (1) A municipality wishing to become a member of the Union must send the Union General Assembly a membership decision which states that the municipal council accepts the Union’s Statute. When the membership demand is recognized by the Union’s General Assembly, the municipality becomes a member of the Union.


Rights, Authorities, and Responsibilities of the Members of the Union
ARTICLE 10 - (1) Member municipalities have the right and authority to benefit from the services rendered by the Union, to take place in the administration of the Union, to be represented within the bodies of the Union, and the responsibility to pay their share of common expenses of the Union.

Resignation from Union Membership
ARTICLE 11 - (1) The member municipality can resign from Union membership with a decision of the municipal council. However, the relevant municipality has to fulfill its obligations and pay its debts within 1 month of the date of the resignation decision.


SECTION 2
Formation, Duties, and Authorities of the Bodies of the Union


Bodies of the Union
ARTICLE 12 - (1)The bodies of the Union are: the Union General Assembly, the Union Executive Board, and the President of the Union.

Formation of the Union General Assembly
ARTICLE 13 - (1) The Union General Assembly is the decision making body of the Union and consists of elected members and members by right. Mayors of the member municipalities are members of the Union General Assembly by right. In addition to this;
a) Municipalities whose population is less than 500,000 elect 1 member
b) Municipalities whose population is more than 500,001 elect 2 members
to be elected by the member municipal councils together with the members by right to constitute the Union General Assembly.
(2) Substitute members are elected at one half the number of original members.
(3) The term of office of members of the Union General Assembly is limited to the election period of the local administration. Should an original membership in the Union General Assembly become vacant, the President of the Union calls a substitute member of the municipality whose original membership became vacant. If there are no substitute members to be called, the council of the member municipality elects substitute members at the first meeting. In the event that the Union General Assembly is terminated, the original and substitute members are elected again. These members complete the remaining term. If the mayorship or council membership terminates, the membership of the Union General Assembly terminates, too. The Union General Assembly members terminated with a reason requiring termination cannot be elected as a member of the Union General Assembly in the next term.

General Assembly Presidency Council
ARTICLE 14– (1) The Union General Assembly is invited to meet by the Governor of the province where the Union’ center is located within thirty days of the announcement of the general election results of the local administrations. The General Assembly meets under the Presidency of the oldest member and by secret ballot, elects the President of the Union, the First and Second Vice Presidents and the Secretary Members to serve for the first two years. After the first two years, the Presidency Council members to be elected serve until the first election of local administrations. The Union General Assembly is presided over by the President of the Union, or the First Vice President in the absence of the President, or the Second Vice President in the absence of the First Vice President. However, the General Assembly meeting where the annual activity report is evaluated is made under the Presidency of the Vice President of the General Assembly. Should there be a vacancy on the Presidency Council, a new member is elected to complete the remaining term. The President of the General Assembly is responsible for keeping order during the General Assembly work.

Duties and Authorities of the General Assembly
ARTICLE 15- (1) Duties and authorities of the Union General Assembly are as follows:
a)To evaluate and accept the Strategic Plan.
b)To evaluate and accept the activity report.
c)To accept the budget and the final account and make transfers between units where corporate coding was made and the first levels of the functional classification.
d)To decide on borrowing.
e)To decide on the purchase, sale, leasing or exchange of immovable properties.
f)To determine the fee tariff for services to be provided by the Union.
g)To accept conditional donations.
h)To decide on the legal settlements of union receivables, ranging from two thousand Turkish Liras to ten thousand Turkish Liras.
i)To decide how the Union’s investments are to be made with models such as build-operate, build-operate-transfer, and build-operate-lease.
j)To elect the President of the Union, the Union's Presidency Council, the Union's Executive Board Members, and the members of General Assembly Committees and the Audit Committee.
k)To decide how to establish units belonging to the Union Organization.
l)To accept amendments to the Union's Statute.
m)To accept regulations made by the Union.
n) To resolve disagreements between the President of the Union and the Union Executive Board.
o)To decide how cooperation with international organizations, municipal and other organizations is made; relations such as sister cities are established with the permission of the Relevant Ministries and in compliance with foreign policy and international agreements,
p)To determine the wages of the contracted and partially contracted personnel to be employed under Municipal Law No. 5393,
r) To decide on the purchase of vehicles under the Vehicle Law No. 237,
s) To decide on the creation, cancellation or change of personnel and positions,
t) To decide on the logo that will represent the Union.

General Assembly Meetings and Quorum
ARTICLE 16- (1) The Union General Assembly convenes in April and October every year, at a predetermined place and time. The first meeting of the year is the opening meeting. The General Assembly convenes with a simple majority of the total members and ratifies decisions by a simple majority of the participants. The quorum cannot consist of less than one-fourth of the total number of General Assembly members. If the required quorum is not achieved, the President postpones the meeting to 3 days later. The second meeting is held with participants of not less than one-fourth the number of members and the decisions are taken by a simple majority of the participants.
(2) Members of the Union General Assembly can give a proxy to another member of the Union General Assembly for General Assembly meetings they cannot attend.
(3) The President of the Union may convene an extraordinary meeting of the Union General Assembly upon the request of one of the member municipal councils, or at the request of a reasoned proposal by one third of the members of the Union General Assembly, or as s/he deems necessary in emergency situations. The call for the extraordinary meeting and the agenda is notified to the General Assembly members in writing at least three days in advance and announced separately. No other subject than the one that requires the call for the meeting can be discussed in the extraordinary meetings.
(4) Decisions of the Union General Assembly enter into force after they are sent to the local authority where the center of the Union is located.
(5) The provisions of the Municipal Law concerning the municipal councils apply should there be no provision in this Statute regarding the Union General Assembly meetings, decisions, finalization of the decisions, working principles and procedures, acquisition and control of information, termination of General Assembly membership, election of members of General Assembly committees, and obligations of the General Assembly members.

General Assembly Committees
ARTICLE 17-(1) General Assembly committees can be established in the Union General Assembly in the Union's fields of activity apart from the planning and budget committees. General Assembly committees are established by a decision of the Union General Assembly from among the members of the General Assembly where the number of committee members does not exceed five. It is essential that each member of the committee be elected from among different member municipal representatives. Experts may be employed in the work of committees.

The Formation of the Union Executive Board
ARTICLE 18- (1) The Union Executive Board consists of 7 members to be elected by the President of the Union and the General Assembly from among its members for one year. Executive Board elections are held at the first meeting of the new term and by secret ballot. Members can be re-elected. If an Executive Board member vacates the Executive Board for any reason before the due date, a new member is elected.
(2) The President of the Union is also the President of the Executive Board. In the absence of the President, the Executive Board is chaired by the Executive Board member he selects. The Union Executive Board meets at least once a month.
(3) The Union Executive Board members elected for any reason serve until the beginning of the following term. If the membership of the Union General Assembly terminates, the membership of the Union Executive Board terminates, too.
(4) In the event that the Union General Assembly is terminated, until the formation of the new General Assembly, the duties of the Union General Assembly and the Union Executive Board are performed by a delegation of five persons, one of which is the President, appointed by the local authority where the union center is located.

The Duties and Authorities of the Executive Board
ARTICLE 19- (1) The duties and authorities of the Union Executive Board are as follows:
a)To review the Strategic Plan, and the budget and the final account; and to deliver an opinion to the Union General Assembly.
b)To decide on public utilities required by expropriation procedures.
c)To allot unexpected expenses.
d)To make transfers between the second level of the functional classification of the budget.
e) To give punishments foreseen by law,
f)To decide on legal settlements of cases up to two thousand Turkish Liras.
g) To implement General Assembly decisions regarding the purchase, sale, lease, or exchange of immovable properties.
h)To determine the amount of additional payments to be made to those assigned in the Union in accordance with the Law No. 5355 on Unions of Local Governments.
i) To specify which officers will be paid premiums in accordance with Municipal Law No. 5393.
j) To decide on salary and other payments to be paid to temporary staff.
k)To decide which fees of royalty, conference, course, training, seminar etc. will be paid from the Union budget, other than for work to be performed through service procurement.
l)To decide on support for master's theses, doctoral theses, and research projects; and to determine the amount of support to be given to these.
m)To perform the other duties that laws impose on the Executive Board.
(2)Members of the Union Executive Board have the rights and authorities of the Municipal Executive Board members in their own duties.

Union Executive Board Quorum
ARTICLE 20- (1) The Union Executive Board convenes at least once a month with a simple majority of the total number of members in a predetermined place, day and time and make decisions with a majority of the attendees. In case of a tie the party for which the President votes is deemed to constitute the quorum. The President may call the Executive Board for a meeting in an emergency.
(2) The agenda of the Executive Board is prepared by the President. Subjects not referred to by the President cannot be discussed in the meeting. Members of the Executive Board may propose agenda items before and during the meeting with the president's approval.
(3) The provisions of Municipality Law concerning the municipal executive board apply should there be no provision in this Statute regarding the Union Executive Board's meetings, decisions, or working principles and procedures.

Electing the President of the Union,
ARTICLE 21- (1) The Union General Assembly elects the President of the Union for the first two years from among the mayors, by secret ballot, at the first meeting after the announcement of the results of the general local elections. The President of the Union serves until the next general local elections after the first two years. In the event that a candidate does not receive a majority of votes of the participants of the meeting, a second round of votes is taken. The candidate who receives the most votes in the second round is deemed to be elected.
(2) The President of the Union is the head of the Union administration and the representative of the Union's legal entity.
(3) In the event that the President resigns within the term of office, the Union Presidency election is repeated. Regarding the expiration of Presidency of Union, the provisions of the Municipal Law on the expiration of mayorship due to reasons other than discontinuance apply.

The Rights and Authorities of the President of the Union
ARTICLE 22- (1) The rights and authorities of the President of the Union are as follows:
a) To manage the Union and protect the rights and interests of the Union.
b)To prepare, implement, monitor and evaluate the strategic plan, budget and final accounts and present the annual activity report in relation to these to the General Assembly.
c) To represent the Union.
d) To preside over the Union General Assembly and Union Executive Board.
e) To manage the movable and immovable properties of the Union.
f) To follow and collect the income and receivables of the Union.
g)To make contracts on condition that the decisions of the authorized bodies are considered.
h) To implement the decisions of the Union General Assembly and the Union Executive Board.
i) To make other appropriation transfers beyond the authority of the Union General Assembly and Union Executive Board.
j) To assign the personnel of the Union.
k) To audit the Union.
l) To accept unconditional donations.
m)To fulfill the duties and use the authorities which are assigned to the Union by the law which do not require the Union General Assembly's or the Union Executive Board's approval.


SECTION 3
Union Organization and Personnel

ARTICLE 23- (1) The Union organization consists of units to be agreed on by the Union General Assembly, under the direction of the Secretary-General of the Union, in accordance with the permanent staff and with the purpose of fulfilling the duties and using the authorities assigned by this Statute.
(2) Officers working in public institutions and organizations can be appointed to the union's staff in accordance with the principles and procedures laid down in the Municipal Law. In such appointments, all financial and social rights the relevant person is entitled to in his/her institution continue but, with the Union Executive Board's decision, s/he may receive additional payment which does not exceed the total amount of salary and other payments s/he receives from the institution.
(3) Unions may employ full-time or part-time contracted personnel or workers, depending on their service needs. The authority to assign or employ personnel with a contract resides with the President of the Union. Contracted personnel may be granted signature authority with the President's approval.

Appointment, Duties and Authorities of the Secretary-General of the Union:
ARTICLE 24- (1) The Secretary-General of the Union is appointed by the President of the Union from among those who have received a 4-year higher education, are experts in the field of local administrations, have at least 5 years of management experience in other public or private sector establishments, and preferably have a good command of a foreign language. Union personnel are appointed by the President of the Union at the proposal of the Secretary-General. The appointments of the Secretary-General and the unit chiefs are announced at the first General Assembly meeting. The Union may employ outside contracted personnel. If the Secretary-General of the Union is employed on a contract basis, the duration of the contract cannot exceed six months from the end of the election period of the local administrations.
(2) The Secretary-General of the Union ensures on behalf of the President that the services of the Union are carried out under the relevant legislation, the Union Statute, and the directive and responsibility of the President. The Secretary-General of the Union attends meetings of the Union Executive Board without having a right to vote. The President of the Union determines in writing the authorities s/he will delegate to the Secretary-General.


SECTION 4
The Strategic Plan and the Activity Report

Strategic Plan
ARTICLE 25- (1) The President of the Union presents the development plan and program, and the strategic plan in accordance with the region plan, if any, to the Union General Assembly.
(2) The strategic plan is drawn up with the views of universities, professional chambers and non governmental organizations interested in the subject, and enters into force after being adopted by the Union General Assembly.
(3) The strategic plan constitutes the basis for the preparation of the budget and is discussed and accepted in the Union General Assembly before the budget.

Activity Report
ARTICLE 26- (1) The President of the Union prepares the Activity Report explaining the activities carried out according to the strategic plan; the target and feasibility according to the determined performance criteria; the reasons for deviations; and the status of the debts of the Union. Activities and evaluations about subsidiaries, businesses and the Union's partnerships are also included in the activity report.
(2) The Activity Report is presented by the President of the Union to the General Assembly at the first meeting of the term. A copy of the report is sent to the Ministry of Internal Affairs.


SECTION 5
Financial Provisions and Audit

The Budget and the Final Account of the Union
ARTICLE 27- (1) The budget draft for the year prepared by the Presidency and deemed appropriate by the Union General Assembly is finalized after acceptance by the Union General Assembly.
(2) The Union budget represents the revenue and expenditure estimates for one fiscal year plus the following two years and the principles and procedures related to their implementation.
(3) Extra-budgetary spending is not allowed.
(4) The Union General Assembly accepts the Union budget at the ordinary meeting in October and the final account at the ordinary meeting in April.

The Revenues of the Union
ARTICLE 28(1) The revenues of the Union are as follows:
a)Participation fees to be paid by the Union members,
b) Fees for services rendered by the Union.
c) Appropriations to be transferred from other public institutions and organizations,
d)Revenues allocated to the Unions from funds allocated to the Local Administrations,
e) Revenues from training, publishing and consulting services,
f) Revenues from partnerships and businesses of the union,
g) Revenues from the lease, sale, or other utilization of movable and immovable properties,
h) Interest and rental income,
i) Revenues from services made on behalf of members,
j) All kinds of support and donations,
k) Other various revenues,

Annual Membership Fee
ARTICLE 29-(1) The member municipalities send their final income accounts as approved by municipal councils within one month of finalization to the Union Presidency.
(2) Member municipalities agree to pay five - ten thousandths (5/10,000) of their final accounts as accepted by the municipal council as the annual membership fee and transfer it to the Union's account within the fiscal year.

Obligations of the Members of the Union
ARTICLE 30- (1) Member municipalities that fail to fulfill their financial obligations to the Union on time is paid to the creditor union by the deduction of this amount, upon the application of the union, from the share allocated to these administrations from the total of tax revenues collection in the general budget by the institution distributing these shares.

Expenditures of the Union
ARTICLE 31- (1) The expenditures of the union are as follows:
a) Expenditures to be incurred for the operation of union services,
b) Salaries, wages, allowances, daily allowances, travel allowances, training expenses, and other expenditures that are paid to the personnel of the union and members of its selected bodies,
c) Expenditures to be incurred for services and for the following and collection of other revenues,
d) Expenditures incurred for the provision, construction, maintenance, and repair of the Union's service buildings, facilities, tools and equipment,
e) Interest and other costs on debts and insurance expenses,
f) Expenditures for the legal follow-ups and execution,
g) Attorney, consultancy and audit fees,
h) Copyright fees, courses, training, seminars, conference fees, and publication expenses,
i) Joint services rendered with public and private sector organizations and other project expenses,
j) Participation fees to be paid to Unions or local administration organizations with similar purposes established and to be established at local, national and international levels,
k) Representation, ceremony and entertainment expenses,
l) Advertisement expenses,
m) Other expenses.

Union Partnerships
ARTICLE 32– (1) Union partnerships are subject to the audit of the President of the Union.
The Board of Directors or the manager (company manager or general manager) of the Union partnerships presents a report on their activities and financial status to the President of the Union once every three months. The report on the activities and financial status of the Union partnerships is presented together with the Activity Report for approval by the General Assembly by the Union Presidency at the first meeting of the term.

Auditing and the Audit Committee
ARTICLE 33– (1) The audit of the Union is conducted by impartially analyzing the processes and results of services according to the legislation, predetermined objectives and goals, performance criteria, and quality standards with the purpose of ensuring that mistakes in activities and operations are prevented; guiding the development of employees and the Union organization; and ensuring that the management and control systems become valid, reliable and consistent; and by putting the results obtained into report form and announcing them to the authorities.
(2) Internal and external audits are carried out in the Union. Audits cover the law audits and financial and performance audits of the business and operations.
(3) Internal and external audits are conducted in accordance with the provisions of Law No. 5018 on Public Accountancy and Auditing.
(4) The Union General Assembly creates an audit committee by secret ballot of not less than three and not more than five from among its own members at the first meeting, for an audit of the Union’s previous year's income and expenses and the account records and transactions thereof. The committee is constituted in proportion to the number of members of each political party group and the independent members in the General Assembly in relation to the total number of members of the General Assembly.
(5) The committee conducts its activities in a place in the Union building designated by the President of the Union and may take advantage of public personnel and other experts when needed.
(6) The other administrative transactions of the Union other than financial transactions are also audited by the Ministry of Internal Affairs for compliance with the laws and integrity of the administration. The subsidiaries and businesses of the Union are also audited according to the above principles.
(7) The results of the audit are announced to the public and submitted for the General Assembly's information.

Spending Authority of the Union
ARTICLE 34- (1) The authorizing officer of the Union is the President of the Union. The President may delegate this authority to the Secretary-General or the Unit Managers.

Purchases, Sales, Procurements, and Accountancy of the Union
ARTICLE 35- (1) The Union is subject to State Procurement Law No. 2886, Public Procurement Law No. 4734, Public Procurement Contracts Law No. 4735, Public Finance Management and Control Law No. 5018 and the Law on Court of Accounts.

The Books to be Kept by the Union
ARTICLE 36- (1) The Unions keep the General Assembly's Decision Book, the Executive Board's Decision Book, the Document Record Book, the Inventory Record Book, and the books foreseen for the Unions in the Local Administrations Budget and Accounting Regulations.

The Obligations of the Members of the Union
ARTICLE 37- (1) Responsibility for any kind of contract and letter of undertaking belongs to the Union's legal entity. This responsibility is limited to the assets of the union and is not binding upon the legal entity of the member municipalities in any way.


SECTION 6
Miscellaneous Provisions

Utilization of the Union's Services by Members of Local Administrations and Citizens
ARTICLE 38- (1) The member municipalities and the citizens living within member municipalities can benefit directly or indirectly from the Union's services, get information, participate in and contribute to the Union's activities within the framework of public law principles. Citizens and non-governmental organizations are encouraged to participate in planning and projecting activities carried out by the Union towards member municipalities. The Union makes a continuous effort to adapt and develop the understanding of local administration which is democratic, participatory, and transparent; and to carry out activities to inform the public on this subject.

Issuance of Regulation
ARTICLE 39- (1) The principles and procedures regarding the enforcement of this Statute may be regulated by regulations to be adopted by the Union General Assembly or directives to be issued by the Presidency of the Union.

Finalization of the Statute and Statute Amendments
ARTICLE 40- (1) The Union's Statute and Statute Amendments are finalized and come into force by a two thirds majority decision of the total number of the Union General Assembly's members and the approval of the Minister of Internal Affairs.

Dissolution of the Union
ARTICLE 41- (1) The Union may be dissolved by a two thirds majority decision of the total number of the Union General Assembly's members.
(2) The dissolution of the Union is carried out by three public officials appointed by the local authority where the Union center is located. Dissolution proceedings are finalized within 1 year at the latest. The assets of the Union are distributed according to the decisions of the assembly and the participation rates of the members in the assets of the union. If the participation rates are not clear, these are distributed in proportion to the population.

Provisions to be Implemented
ARTICLE 42- (1) Should there be no provision in Law No. 5355 on Unions of Local Governments or in this Statute on delegation of authority, conflict between the Union Executive Board and the President of the Union, dismissal of the Union bodies or their members, auditing, annual activity report, budget and other financial subjects, incurring debt except from bond issue, in-budget business facility, offsetting debts and claims, foreign relations, relations with other organizations, and implementation of correspondence and re-evaluation rates in the unions, the provisions of Municipal Law, to be limited to services delegated to the Union, will be applied.

Enforcement
ARTICLE 43– (1) The Union Statute enters into force upon adoption by the Union General Assembly and the approval of the Minister of Internal Affairs.

Execution
ARTICLE 44- (1) The provisions of this Statute are executed by the President of the Union.