Local Public Administration

Executive Branch: Mayor, Vice-mayor and the City Hall's administrative apparatus
Legislative Branch: The Local Council. The latter has 23 municipal councilors.

Data Concerning Administrative Organization And Functions:
Until 1924 Petrosani was a village. Petrosani was declared a city through the Council of Ministers' 0486 decision from January 4, 1924. The development of the coal industry in the area led to this decision.

As time passed, the social and political organizations changed. The City Hall was transformed into Popular Council, and then back into City Hall. The current organization was established in 1989 through the Law of Local Administration. Until May 23, 2001 Law 69/1991 was valid while, from then on Law 215/2001 is considered the basis of local government.

At the present time the legislative body of Petrosani is the Local Council. The 23 councilors were elected through secret vote during the local elections held in June 2000. The Town Hall apparatus has the executive function and the Mayor and Vice-Mayor lead it. The inhabitants of the city also elected the Mayor through secret vote, while the councilors elect the Vice-Mayor from among themselves.

The Mayor and the Councilors started their activity immediately after the validation of the elections, in June 2000, in conformity with the HCL (Local council Decision) no. 50/2000.

Mayor's Office

Petrosani Town Hall
- Address: 1 Decembrie 1918 Street, No. 93
- Tel: (004) 0254/541 220
- Fax: (004) 0254/545 903
- E-mail: primaria@comtrust.ro
The mayor of Petrosani is Mr. Gheorghe David.

The Town Hall
The Town Hall represents the executive body. The Mayor is the head of the local public administration. The Local Council can hold the Mayor responsible of the good functioning of the local public administration. The mayor represents the village or the city in his relations with physical and juridical persons from the country and from outside the borders of the country. Moreover, the mayor represents the city in court.

The Mayor's Responsibilities
The Mayor has the following responsibilities:
· He ensures that the fundamental rights and the liberties of the citizen, the Constitution, the laws of the state, the decrees of the President of Romania, the Government decisions, the papers issued by ministers and other authorities of the central public administration and the decisions of the County Council are abided by;
· He ensures the implementation of decisions adopted by the County Council;
· If he thinks that a Local Council decision is illegal he has to announce the Prefect within three days since he acknowledged it.
· He can propose referendums for important issues to the Local Council, and he has to organize the referendums if the Local Council approves them;
· He drafts the local budget proposal and the balance of closure of the budget and submit them to the Local Council for approval;
· He exercises the rights and fulfills the responsibilities of the city or village in its quality of juridical civil person;
· He ensures the public order through public guards and with the help of the gendarmerie, police, firemen and public defense. The latter have the duty to respond to his requests, provided that they are within legal frame;
· He exercises control over commercial activities, public alimentation and services, within the law's boundaries;
· He takes measures towards the suspension or interdiction of public shows or other public manifestations that contradict the legal order or are contravene to the public morals or public order;
· Controls the hygiene of public locals and of alimentary products put on commercialized for the population with the support of the specialized institutions;
· He distributes social homes on the criteria approved by the Local Council;
· Ensures the maintenance of the public roads of the village or city, provides proper signalization (road signs) and ensures the normality of the traffic;
· He oversees the fairs, market-places, and amusement parks and takes operational measures for their good functioning;
· He leads the public local services including the civilian status services and child care;
· He oversees the observance of the social assistance, social care and child care laws
· He appoints and dismisses from function the Town Hall personnel except for the secretary;
· He proposes the dismissal from function of the heads of the commercial and public institutions that are under the authority of the Local Council;
· He controls the activity of the Town Hall personnel.
The mayor has other attributions as enumerated in the Public Administration Law no. 215/2001 or as entrusted in him by the Local Council.

Local Council

A councilor's mandate expires before the usual duration, in case of:
· Death;
· Resignation;
· Incompatibility;
· Change of permanent domicile in another administrative-territorial division;
· Unmotivated absence from more than 3 council meetings;
· The impossibility to exercise one's duties for more than 6 months;
· After the validation of mandates a definitive judicial decision rules that during the election process a fraud or any other event contrary to the Law regarding local elections has occurred;
· Definitive judicial decision sentencing the councilor to loss of liberty;
· Commitment to an institution due to mental debility or alienation or in case of loss of electoral rights.

Local Council Responsibilities

The local council has the following main responsibilities:
· Elects from among the councilors the vice-mayor, or the mayor;
· Sanctions the City Act and the regulations regarding the functions of the council;
· Sanctions studies, prognosis and economic and social development programs as well as programs focused on the organization and landscaping of the city;
· Sanctions the organization as well as the number of personnel of the City Hall, Autonomous Companies and of the public services that fall within its jurisdiction
· Sanctions the set of regulations for the organization and good functioning of the City Hall, as well as the positions held by City Hall personnel and the latter's salaries;
· Sanctions the local budget as well as the latter's drafting, administration and implementation;
· Sanctions the financial operations and the use of the budgetary reserve of the City Hall;
· Sanctions the loans and the closing account of the budget;
· Defines the quantum of local taxes, as well as of special taxes;
· Administrates the public and private terrain within the City and exercises the rights and responsibilities specified by the law in the case of the Autonomous Companies created by the City Hall;
· Creates local interest commercial institutions
· Decides, within law's boundaries, upon the concession or lease of goods or local interest public services as well as the participation to commercial enterprises of the City Hall;
· Appoints and releases from office, within the law's boundaries, the managers of public local institutions that are under City Hall authority;
· Follows, controls and analyzes the activity of the public institutions and commercial agents that are under City Hall authority;
· Efficiently organizes public services and ensures their good functioning
· Ensures the necessary conditions for the proper functioning of the education, sanitary, culture, youth and sports institutions, according to the law. Moreover, it monitors and analyzes the activity of the abovementioned institutions;
· Acts for the protection and restoration of the environment; contributes to the protection and preservation of the historical and architectural monuments, parks and wildlife reservations;
· Contributes to the fulfillment of the social protection and assistance programs
· Ensures the defense of public order, the abidance by the fundamental rights and liberties of the citizen.

City Departments and Commissions

The internal organization of the City Hall departments:

The Department for public terrain and housing management is in charge of:
- Maintenance and fitting out of the green zones, sanitation, pest control,
- Organizing fairs and markets, building and
- The building and maintenance of public roads, thermo networks, gas networks.

The Department for town planning and territory fitting out is in charge with:
- Issuing the town-planning certificates and construction authorizations for the building of homes and holyday housing;
- Concessions terrain for the constructions;
- Makes sure that the General Town-Planning, The Zonal Town-Planning and The Detailed Town-Planning regulations are abided by;
- Is responsible for the implementation of the provisions of the Law of Environment Protection.

The Department for forecasting, budget accounting, local taxes is in charge with:
- the public funds administration.

The Department for local state administration, secretary, child care and social care is in charge with:
- Granting social aid for the challenged persons,
- Child care
- The preparation of materials and organization of the Local Council meetings.

The internal organization of the services inside the Petrosani Mayorie:

• The service for Communal and Locative Management deals with: arranging and keeping up green spaces, sanitation, deratization, organizing fairs and markets, arranging and keeping up roads, thermofication networks, public lighting and methane gas networks.
  
• Urbanism and Territory Arranging Service deals with: emitting Urbanism Certificates and Building Authorizations for living places and vacation houses; granting terrains for constructions, assuring the following of the statements in the General Urbanistic Plan, the Zonal Urbanistic Plans and the Detail Urbanistic Plans; assuring the following of the rules imposed by The Environment Protection Law.
  
• Service of Forecasting, Budget-Accounting, Taxes and Local Fairs deals with the management of public funds.
  
• Local State Management, Secretariat, Tutelary Authority and State Assistance Service deals with granting different forms of social aid to needy persons, protection measures for minors, preparing materials and organizing Local Council meetings.
  The committee for economic and social development programs, budget, finances, public and private terrain administration, services and commerce
  
• The committee for territory fitting out and town-planning, public facilities, environmental protection, preservation of historical and architectural monuments.
  
• The committee for education, health, culture, social care, sports and entertainment
• The committee for local public administration, juridical issues, defense of public order, protection of the fundamental rights and liberties of the citizen
  
• The committee for public projects and commerce
  
  

Regional Government

The County Council:

Address: 1 Decembrie 1918 Street no. 35, Deva
Tel. 0254/211 350; 0254/211 624; Fax. 0254/214 130

The Administration:
President: Nicolae Mihail Rudeanu - veterinary
Vice-president: Costel Avram
Vice-president: Ioan Rus - economist

The County Council is the authority of the public administration. The aforementioned has the role of coordinating the local councils of villages and towns, as far as county-level public projects are concerned. The County Council are composed of local councilors elected through universal, equal, direct, secret and freely expressed vote, within the conditions imposed by the Law concerning local elections. The number of each county council is determined by an order of the prefect, and is conditioned by the county's population.

The County Council is elected and functions in the framework provided by the Law of Public Local Administration no. 69/1991 and by the new law no. 215/2001. The county council elects from its midst the president, the vice-presidents and the permanent delegation.

The relations between the county public administration and the village /town one is based on the principles of autonomy, legality and collaboration in dealing with common problems. There is no relation of subordination between the public administration units.

The Attributions of the County Council:
· Coordinates the activity of local councils as far as county-level public projects are concerned;
· Organizes and heads the county public departments and sanctions their internal regulations;
· Offers technical, juridical and any other type of assistance requested by the local councils;
· Analyzes the proposals forwarded by the county councils in order to draft economic or environmental restoration forecasts;
· Sanctions programs and forecasts of economical and social development of the county and monitors their implementation;
· Sanctions the county budget and the closing account of the budget
· It decides upon the general directions concerning organization and town planning as well as territory management;
· Administers the public and private domain of the county;
· Ensures the construction, maintenance and modernization of the county roads as well as of the roads that connect neighboring counties
· Elects from amid themselves and relieve from office within the law's boundaries the president, vice presidents and the permanent delegation;
· Sanctions the regulations regarding the functions of the council;
· Sanctions the organization as well as the number of personnel of the institution;
· Defines the quantum of county taxes, as well as of special taxes;
· Creates county interest commercial institutions and decides, within law's boundaries, upon the concession or lease of goods or county interest public services as well as the participation to commercial enterprises;
· Appoints and releases from office, within the law's boundaries, the managers of public local institutions that are under the County Council's jurisdiction. Moreover it controls and analyzes the activity of the aforementioned public institutions and commercial agents each trimester;
· Gives ordinances for the Autonomous Companies or for the commercial societies it creates;
· Creates social, cultural and sanitary institutions and ensures their efficiency;
· Provides the commodities for scientific, cultural, artistic, sportive and youth activities;
· Names streets, markets and other local interest facilities, within the law's boundaries and taking into consideration the Local Councils' proposals;
· Decides, within the law's boundaries, upon the association with other authorities of the county or local public administration for the completion of public interest projects. Moreover, they can decide upon the association with foreign or domestic economic agents for achieving common goals.
· The county council has other responsibilities ascribed by law. The county council also elects from its midst the president, 2 vice presidents and 4 or 6 councilors that form the permanent delegation. The members of the permanent delegation are elected in accordance with the politic affiliation of all the members of the County Council.

The main responsibilities of the County Council Permanent Delegation
· Drafts the project for the agenda of the Council meeting;
· Analyzes the resolution proposal drafts, and makes sure that they are feasible;
· Prepares the County Council meeting ensuring that all the needed documents are available;
· Proposes the extraordinary meetings to the president;
· Submits to the council for sanctioning the Internal Regulations of the County Council;
· Decides upon the implementation process of the County Council resolutions and periodically analyzes the efficiency of the abovementioned process;

The president of the County Council is the head of the county public administration. S/he is responsible for the efficiency of the departments of the County Council and of the economic agents that are County Council jurisdiction.

The President of the County Council has the following responsibilities:

· Chairs the County Council and Permanent Delegation meetings;
· Ensures the implementation of the County Council resolutions;
· Supports the activity of county institutions and Autonomous Companies;
· Fulfills the responsibilities of the county as a juridical person;
· Is the major credits coordinator;
· Drafts the county budget and the closing account of the budget and submits them for council sanction;
· Appoints and releases from office, within the law's boundaries, the managers of public local institutions that are under the County Council's jurisdiction;
· Presents annual reports concerning the status and activity of the county administration and the economic and social issues in the county to the council;
· Throws out bills with individual character.

The President of the County Council also fulfils other responsibilities ascribed by law or by the County Council.

Each county has a secretary, paid from the county budget. The secretary is a public clerk and has to possess a BA in political or administrative studies. If the secretary has any political affiliation he must be relieved from duty. The county secretary fulfills the duties that the law ascribes to the county concerning the civil status and childcare. The county secretary must coordinate the departments of the County council responsible for the abovementioned issues.

The Prefecture

Address: 1 Decembrie 1918 Street no. 28
Tel. 0254/211 850; 0254/211 439; Fax. 0254/215 010
Prefect: Aurelian Serafinceanu
Sub prefect: Engineer Petru Marginean

The prefect represents the Government. The government appoints one prefect in each county and in Bucharest. An sub prefect helps the prefect. In Bucharest, 2 sub prefects help the prefect. The appointment and the dismissal of the prefects and sub-prefects can be done only through a resolution of the government.
The prefect ensures that the activity of the Local Councils, County Councils and of the City Hall is within law's boundaries. Between the prefecture in one hand, and the Local Councils, County Councils and City Halls on the other there is no subordination. The prefect is the head of the decentralized public departments of the ministries and other central institutions.

Main Responsibilities of the Prefect
· Ensures the fulfillment of the national interests, the abidance by the laws;
· Controls the legality of county and local administrative acts;
· Approves on the appointment or dismissal of the managerial staff of the ministries de-centralized public services/departments and other central institutions/organs of the administrative territories
· (Decides upon the measures that have to be taken by the legally constituted institutions in order to prevent criminal activity and to protect the citizen)
· Within the terms of the law, the prefect is responsible for the defense measures lacking a military character; the army and the Ministry of Domestic Affairs have to inform the prefect about any relevant issue
· Submits an annual repot on the general economic, social, cultural and administrative situation in the county. The aforementioned report must include information about the implementation of governmental policies in the county

Every year the prefect presents to the County Council a briefing concerning the activity of the de-centralized public services of the ministries and of the other central institutions of the country or of Bucharest. In order to fulfill his/her prerogatives, the prefect passes acts, within the terms of the law. The acts concerning technical or specialized measures are passed after consulting the specialized institutions and are signed by the later's managers. The prefect is helped by special technical committees. Their structure and functions are established by the Government.

The prefect's staff and special committees headquarters are Administration Palace, public property of the nation, located in the county's capital.
The prefect can propose a lawsuit against the acts of the public local administration as well as against those of the president of the County Council. The only acts against which the prefect cannot propose lawsuit are those of current inventory. The acts that are questioned shall be suspended. 10 days before proposing the lawsuit the prefect will explain his objections and ask the administration to reconsider the act. The prefect must propose lawsuit in 30 days form the act's publication.

The relationship between the prefect and the citizen:
The citizen can address the prefect in issues concerning the legality of the acts passed by the Local or County Council. If the citizen believes that the local implementation of government policies was defective can address the prefect and ask for an enquiry.

Source: DEEP