Metropolitan Area
SUBSECTION II

Metropolitan Executive Board

Article 73

Nature and composition 

1 – The metropolitan executive board is the metropolitan area’s executive body.

2 – The metropolitan executive board is composed of one metropolitan chief executive officer and four metropolitan executive officers and it is elected in accordance with the following articles.

Article 74

Election

1 – In its first meeting, the metropolitan council approves, under plurality voting, the ordered list of candidates for members of the metropolitan executive board to be put to the vote in the municipal assemblies.

2 – In the meeting referred to in the previous paragraph, the metropolitan council also decides on the day and hour of the vote, which should occur within 20 to 45 days.

3 – The president of the metropolitan council informs the presidents of the municipal assemblies of the associate councils, within the following 5 days, of the contents of the deliberations mentioned in the previous paragraph.

4 – The presidents of the municipal assemblies initiate the necessary procedure to ensure the regular meeting of municipal assemblies on the established day and hour to hold the vote as indicated in the previous paragraph.

5 – The meetings referred to in the previous paragraph will be attended only by the elected members of municipal assemblies, who have the right to vote, based on which the quorum is checked.

6 – The vote is simultaneously held in all the municipal assemblies, by secret ballot, under penalty of nullity.

7 – The list put to the vote will be elected if it gathers the majority of votes in favour reaching a number that is equal or larger than half of the municipal assemblies, as long as those votes are representative of the majority of total voters from all municipalities comprised in the metropolitan area.

8 – For the purposes of the previous paragraph, votes representing the voters of the municipalities comprised in the metropolitan area are counted as follows:

a) The votes of the members of the municipal assemblies that are part of the metropolitan area are transferred and counted globally, weighted as indicated in the following paragraph;

b) Each vote from a certain municipal assembly will weigh the same as the result of the division of the total number of the municipality’s voters by the total number of members of that municipal assembly with the right to vote in this election.

9 – In case the list put to vote is not elected, the metropolitan council, considering the results of the general election for the municipal assemblies and after consulting parties, coalitions and groups of citizens represented by them, approves and puts to vote a new list, according to the established in the previous paragraphs, with the necessary adjustments.

Article 75

Meetings

1 – The metropolitan executive board holds a fortnightly regular meeting, and extraordinary meetings whenever necessary.

2 – The meetings of the metropolitan executive board are not public.

3 – Without prejudice to the provided for in the previous paragraph, the metropolitan executive board must ensure the consultation and participation of the populations over matters of metropolitan interest, particularly by fixing dates for that purpose.

4 – The minutes of the metropolitan executive board’s meetings are necessarily published on the metropolitan area’s website.

Article 76

Competence

1 – The metropolitan executive board is given the following competence: 

a) To develop and submit to the metropolitan council’s approval the necessary plans to accomplish the metropolitan duties;

b) To propose to the Government the plans, programmes, and investment and development projects of metropolitan interest;

c) To participate, together with other entities, in the planning directly related to the metropolitan area’s duties, delivering its opinion to be submitted to the metropolitan council’s analysis and deliberation;

d) To decide on the plans and programmes of the central administration with metropolitan interest;

e) To ensure the organization between municipalities and the central administration;

f) To cooperate with the central administration services with jurisdiction over civil protection and with the municipal civil protection services, carrying out the established emergency plans and programmes, as well as during protection, rescue and relief  operations in the imminence or in the occurrence of serious accident of catastrophe;

g) To participate in the management of regional development programmes and to submit applications for funding by presenting programmes, projects and other initiatives;

h) To define and submit to the metropolitan council’s approval the action plan and draft budget, as well as the necessary amendments;

i) To carry out the plan and budget options;

j) To define and propose to the metropolitan council harmonization options within the municipalities’ tax charging powers;

k) To approve projects, tendering procedures, programmes, specifications and selection over supply and goods and services contract works, when liable for the respective financial commitment’s authorization;

l) To appoint before the metropolitan council the metropolitan area’s representative to the general assembly of local businesses, as well as its representatives to any other entities, organizations or boards in which the metropolitan area may be participating, whether or not they are part of the local government perimeter;

m) To dispose of real estate property by public auction, regardless of the approval of the metropolitan council, as long as the disposal results from the plan options’ enforcement, whose decision had been approved by unanimity by the metropolitan council;

n) To define and approve the internal control standard, as well as the metropolitan area’s real estate property, rights and obligations inventory and its valuing, and also the account rendering documents to be submitted to the judgement and vote of the metropolitan council;

o) To cooperate with the support of programmes and projects of metropolitan interest, together with central administration entities;

p) To define and submit to the metropolitan council’s approval drafts of regulations by the metropolitan area with external impact;

q) To purchase and rent property and services;

r) To conduct contracted works;

s) To run the metropolitan technical and administrative support services;

t) To dispose of movable property;
u) To participate in central administration entities’ executive bodies;

v) To participate in central administration entities’ advisory bodies;

w) To propose the declaration of public interest for expropriation purposes;

x) To produce the metropolitan area’s accounts to the Court of Auditors;

y) To inform the respective municipal assemblies of the metropolitan area’s accounts;

z) To develop training projects for the municipalities’ human resources;

aa) To develop projects to support municipal management;

bb) To follow and support the preparation of tax execution procedures within the scope of municipal administration;

cc) To follow and support the preparation of prior control procedures, particularly for the construction, recovery, maintenance or demolition of buildings, as well as regarding insalubrious, constricting, dangerous or toxic facilities, within the scope of city councils;

dd) To exercise the delegated competence in accordance with the contracts referred to in Article 120;

ee) To ensure the compliance with the metropolitan council’s deliberations;

ff) To run the metropolitan services;
gg) To discuss and prepare together with governmental departments and city councils power delegation contracts in accordance with the current law;

hh) To submit to the metropolitan council, for authorization purposes, proposals for the power delegation contracts referred to in the previous paragraph;

ii) To submit to the metropolitan council, for authorization purposes, proposals for dissolution and withdrawal of the contracts referred to in subparagraph dd);

jj) To propose to the metropolitan council the advisory opinion on the subjects referred to in Article 25, paragraph 1, subparagraphs b) and e);

kk) To propose to the Metropolitan Council the composition of the managing body for the municipalities’ requalification;

ll) To exercise the additional legal competences, including those that might be transferred by the State to the metropolitan areas within the decentralization framework;
mm) To present proposals to the metropolitan council on subjects of its competence.

2 – The metropolitan executive board may delegate its competences to the chief executive officer, with the power of subdelegation to the metropolitan executive officers, except for those referred to in the previous paragraph, subparagraphs a), b), c), d), h), j), k), l), m), n), p), s), u), v), x), hh), ii), kk) and mm).

3 – The chief executive officer is given the competence to grant contracts representing the metropolitan area, with the power of subdelegation to the metropolitan executive officers.

4 – The metropolitan executive board is also given the competence to appear before the municipal assemblies in accordance with and for the purposes mentioned in Article 25, paragraph 5.

Article 77

Status of the members of the metropolitan executive board

1 – The remuneration of the chief executive officer equals 45% of the President of the Republic’s remuneration.

2 – The remuneration of the metropolitan executive officers equals the basic remuneration of an exclusive and full-time municipal councillor from a municipality with 10,000 to 40,000 voters.

3 – The chief executive officer and the metropolitan executive officers are entitled to representation expenses of, respectively, 30% and 20% of their basic remuneration.

4 – The chief executive offer is necessarily remunerated.

5 – The Metropolitan Council deliberates, by unanimity, the number of remunerated metropolitan executive officers, never less than two.

6 – The remunerated members of the metropolitan executive board are subject to an exclusivity clause.

7 – The members of the metropolitan executive board cannot hold any position in sovereign bodies or municipal councils.

8 – The members of the metropolitan executive board cannot be affected in their position or permanent job on account of the enforcement of their mandate.

9 – During the exercise of their mandate, the members of the metropolitan executive board cannot be affected regarding promotions, bonuses, social benefits, or any other non-pecuniary acquired rights.

10 – The length of service performed as member of the metropolitan executive board is calculated as having been performed on the behalf of the employer.

11 – The basic remunerations and the representation expenses due to the members of the metropolitan executive commission are supported by the budget of the respective metropolitan area.

12 – The provided in Articles 78 and 79 of the Retirement Statute, approved by Decree-Law 498/72, of 9 December applies.