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The Municipal Employees' emoluments I

emoluments MUNICIPAL OFFICIALS

I

By: Attorney Eduardo Lara Salazar

edularalaw@gmail.com

Following

the classification of public servants, the legislature passed the Organic Law of Emoluments, Pensions and Retirements of senior officials and senior officials of government (LOEPJAFPP, 2011), since this matter has resulted in many disputes at the municipal level, especially with the councilors, mayors and comptrollers municipal prosecutors.

regard, this legislation is to regulate and establish maximum limits on the compensation, pension, retirement and other benefits paid or unpaid character of senior officials, senior staff and branch management public and popular election, which must be fixed according to population, economic situation, bound and executed budget, own revenues, funds available to that account without affecting the investment costs and the territorial scope of municipality.

applies in the central and decentralized levels.

The Constitution of the Bolivarian Republic of Venezuela (1999) notes that public offices are running, meaning those who - according to the Law of Civil Status (EPFL, 2002) - are obtained after be conferred the appointment, to overcome the public tender and the trial period, to provide paid services permanently, with the exception of popular election, appointment and removal, for which leaves its regulation at the legislative level.

For its part, continues the EPFL, the other category to limit, corresponds to the so-called charges of appointment and removal - as the name tells you - being of two types: high confidence level.

positions of trust are called to those whose duties require a high degree of confidentiality in the offices of the highest authorities, and those whose duties include activities of state security, audit and inspection, fees, among others.

Senior officials at the municipal level, according to LOEPJAFPP are municipal mayors, district or metropolitan, municipal councilors, or metropolitan district, municipal comptroller, district attorneys or city and municipal mayors. It is worth remembering that in the case of Caracas, under the Special Law of Municipal Regime 2 level of the Metropolitan Area of \u200b\u200bCaracas (2009) there is no figure of Trustee Attorney Metropolitan or Metropolitan Attorney, for having arranged this cease to hold office after the enactment of this Act, as it had in the Special Law on the Regime of the Metropolitan District of Caracas (2000), corresponding legal representation to the Attorney General's Office.

While states that are EPFL high-level officials are members of the boards of the autonomous institutes, directors of the municipality and autonomous institutes and other charges in the same hierarchy.

The LOEPJAFPP defines emoluments as pay, assignment, whatever it is and its method of calculation, with or without pay status, provided that cash can be assessed and appropriate senior officials, senior staff level and direction of the Public Power and elected on the occasion of its services. Include wages, salaries, allowances, bonuses, bonuses, perks, bonuses, vacation bonus, bonus end of the year and monetary or in kind of any kind. As is clear from this definition is awarded the right to receive a bonus for holiday, every year of service or fraction actually provided for up to a maximum of forty days monthly wage or salary. Additionally, they will be entitled to a year-end bonus for each year of service or fraction active calendar for not exceeding ninety days of full salary or wage.

I would suggest revising the Labour Law (1997) for the purpose of defining the concepts of salary, normal wages, salaries and other integral.

There is a provision that prohibits senior officials, high level, management, earning commissions for the exercise of their public duties.

The LOEPJAFPP recognizes elected officials the right to retire at all levels, and may not exceed three months' retirement or pension in the event of the year-end bonus.

reader is suggested to take a look at other articles that I wrote called "System of municipal staff," "City and Budget" "Municipality and Planning", "City Comptroller" From the Municipal Organization and Management ", among others, which can be found in www.eduardolarasalazarabogado.blogspot.com or www.tecnoiuris.com (Podium Law Municipal Law), to More information about the subject matter hereof.

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Municipality and Town Planning and Planning III

CITY AND PLANNING III

By: Attorney Eduardo Lara Salazar

edularalaw@gmail.com

Following the classification of between Strategic and Operational Plans, it is the turn for them.

The Organic Law for Public Planning and People (LOPPP, 2010) are defined as those made by public bodies and authorities, as well as the so-called people power, lasting up to one year, which means understood by Fiscal Year Financial contracts to the Organic Law of Public Sector Financial Management (LOAFSP, 2010).

are in this category:

• National Annual Operating Plan (Poan), is one that integrates the objectives, goals, projects and annual financial statements prepared in accordance with the Plan of Economic and Social Development of the Nation. Provides a basis for obtaining the resources to provide for Fiscal Year Financial Budget Act as approved by the National Assembly based on the draft submitted by the Executive.

• Regional Operational Programme (POR), one that integrates the objectives, goals, projects and annual financial statements prepared in accordance with the Plan of Economic and Social Development of the Nation. Provides a basis for obtaining the resources to provide for Fiscal Year Financial according to the Budget Law approved by the National Assembly based on the draft submitted by the Executive, in accordance with

LOAFSP

• State Authority Operational Plan, one that integrates the objectives, goals, projects and annual financial statements prepared in accordance Development Plan with the State Authority. Provides a basis for obtaining the resources to give the Legislative Council to the Executive State Authority in accordance with the Budget Law adopted in each federal district annually.

• Municipal Operations Plan, one that integrates the objectives, goals, projects and annual financial statements prepared in accordance with the Municipal Development Plan. Provides a basis for obtaining resources approved by the City Council for mayor in each municipality on an annual basis according to the Budget Ordinance.

The formula for the Mayor who presented the City Council, which imparts its approval, be included in the same time that the act is made of the proposed annual budget.

His execution is paid by the bodies and municipal authorities.

Its monitoring and evaluation is responsible to the Mayor, City Council, Planning Council and the instances of so-called people power in each local area.

• Community Operating Plan, one that integrates the objectives, goals, projects and annual financial statements prepared in accordance with the Community Development Plan. Provides a basis for obtaining the resources approved by the City Council for mayor in each municipality on an annual basis according to the Budget Ordinance municipality where its seat.

• Operational Plan for the bodies and public organizations, one that integrates the objectives, goals, projects and actions made by this year by the leaders of each level, to coordinate with the previous instances.

reader is suggested to take a look at other items I authored called "From Municipal Organization and Management", "From the municipal powers", "From the Local Councils of Public Policy Planning" or "The CLPP", "The communal councils as the Organic Law of 2009" , "Media Management", "From Citizen Media", among others, which are published in www.eduardolarasalazarabogado.blogspot.com or www.tecnoiuris.com (Podium Legal Municipal Law).

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Hitchhiker's Guide.

The Hitchhiker's Guide (The Hitchhiker's Guide to the Galaxy in English) is a comedy of science fiction written by Douglas Adams in October 1979 and is the first book of five (as I said its author: a trilogy of 5 books) that make up the famous saga of Hitchhiker's Guide , which was originally a radiocomedia written by the same author in 1978 .

The book's title was inspired by a true guide that Adams was, which was useful for travel throughout Europe , written in the form of an encyclopedia. The saga of Hitchhiker's Guide has been released from different ways, including a television series, a game , a comic and even a theatrical drama, making its author an influential figure in the field of science fiction and comedy. Argument

: Arthur Dent would qualify in all respects as a normal person. A man who lives in a peaceful village on the outskirts of London where he has spent most of his life. But that day was not normal at all: the home of Arthur standing in the way of building a new bypass , so it must be demolished. Arthur strongly protests against this action, and though his house was demolished, likewise, does not take long to get a Vogon demolition team that ironically warns that the land will be demolished to make way for a galactic highway. Fortunately for Arthur, his friend Ford Prefect a delightful and unique individual who comes from a planet of Betelgeuse system that works for a company known as the Hitchhiker's Guide -o Galactic Traveller's Guide depending on the edition of the book saves him from the terrible fate which is condemned by the world hitchhiking , which infiltrates into one of the Vogon fleet ships.

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II

CITY AND PLANNING II

By: Attorney Eduardo Lara Salazar

edularalaw@gmail.com

The Organic Law for Public Planning Popular (LOPPP, 2010) has provided two major types of plans, called Strategic and Operational Plans.

correspond to the first category are made by the agencies and entities of public administration and the so-called Popular Power based on the objectives and goals in accordance with the provisions Plan for Economic and Social Development of the Nation included here are:

• Plan for Economic and Social Development of the Nation, which is defined as the LOPPP planning tool, whereby down policies, objectives, measures, targets and concrete actions to give the national project in the Constitution of the Bolivarian Republic of Venezuela (1999) through planned and coordinated intervention of the organs and public bodies and authorities popular, according to institutional mission and vision in developing their skills.

• Regional Development Plan, government is the instrument by which each region sets its objectives in concert, measures, targets and actions expressed in the plan above.

• State Authority Development Plan is the one conducted by each state (province) which sets out the objectives, measures, targets and action plan designed by the Economic and Social Development of the Nation. Must interact with the various municipalities that comprise it, as it would have to address the needs of each local area plus the federal entity.

• Municipal Development Plan, in accordance with the consistent LOPPP with the Organic Law of Municipal Public Power (LOPPM, 2010), is the instrument of government that allows the local level to establish the plans, objectives, measures, targets, actions and resources towards the realization of their powers, particularly the nature concurrent with the other territorial and decentralized levels. Shall provide for the management and promotion of economic and social development that encourages the improvement of living conditions of the municipal community.

The formulation and approval is carried out as follows:

• Mayor formulated and submitted to the Local Planning Council Public (CLPP)

• The CLPP he discusses, approves or modifies

• Mayor presents it to the City Council (legislative body) for approval of a final.

The execution is carried out by bodies and local authorities following the so-called Media Management LOPPM provided by, and may do so directly, creation of associations, foundations, municipal, exclusive or joint enterprises, concessions, among others, seeking - if possible - organized community participation as a cardinal principle, following the principles fundamental in the early chapters of this legal instrument.

However, at the municipal level, there are other plans of his own, called a Local Urban Development Plan (PDUL), which corresponds to the urban lines, which contain the classification of the soil, spaces Free and equipment, among others.

There is also the Tourism Plan, referred to the tourism-oriented towns, in this will promote historic sites, natural attractions, entertainment, crafts and any other. To do this will involve the collaboration of the public and private.

• Communal Development Plan, by the municipalities to set their plans, objectives, measures, targets, actions and resources within the guidelines of the Plan of Economic and Social Development of the Nation. Is made through the Community Planning Council and the Community Councils of the Commune, corresponding to the communal parliament approval. Its implementation corresponds to self-government of the commune and monitoring is done by all.

• Institutional Strategic Plan for the Bodies and Public Entities. It does this through the heads of the different levels of Public Power within the provisions of the Plan of Economic and Social Development of the Nation.

reader is suggested to take a look at other articles that I wrote called "From Municipal Organization and Management", "From the municipal powers", "From the Local Councils of Public Policy Planning" or "The CLPP "," The communal councils as the Organic Law of 2009 "," Media Management "," From Citizen Media ", among others, which are published in www.eduardolarasalazarabogado.blogspot.com or www . tecnoiuris.com (Podium Law Municipal Law).

Another time he touch on other topics related to the topic.

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Municipality and Town Planning and I

CITY AND PLANNING I

By: Attorney Eduardo Lara Salazar

edularalaw@gmail.com

State to accomplish its purposes must act in an organized, as this allows - among other factors - savings of financial, material or human. This is possible thanks to the planning, since it contributes to meeting the proposed goals and targets.

Within the principles of public sector organization is the coordination, some doctrine is conceived as a consequence of the organization.

The Organic Law of Public Administration (2008) established forms of organization and, therefore, coordination, applicable to all levels of administrative tasks. At the municipal level it does so extra, given the existence of the Organic Law of Municipal Public Power (2010), since it is the instrument developed constitutional principles concerning municipal government, such as autonomy, organization, operation, governance, management and control.

Moreover, the Organic Law of People's Public Planning (LOPPP, 2010), adopted within the last legislative period instruments in 2010, aims to develop and strengthen the people's power through the establishment of principles and rules that govern the planning of the branches of government, and the organization and functioning of the bodies responsible for planning and coordination of public policies in order to ensure a planning system that has as its purpose the use of public resources devoted to achieving coordination and harmonization of plans, programs and projects to transform the country.

This instrument within the planning system to the municipalities, both in their bodies and agencies as appropriate must act with the guidelines of the Plan of Economic and Social Development of the Nation.

However, as the Constitution of the Bolivarian Republic of Venezuela (1999), as well as the Organic Law of Public Administration (2008) and Power Municipal Public (2010) establishing the powers of the local level, from the perspective of the organization, it has to start from the basis that coordination is the fundamental unit of the public network, since it tends to ensure to avoid dispersion of resources and invasion powers or functions, in their cases,

integrate the National Planning System:

• The Federal Council of Government, as the body responsible for planning and coordination of policies and actions for the process decentralization and transfer of powers from national to states and municipalities, and of these the so-called people power.

• The State Council of Planning and Public Policy Coordination, is the body that is responsible for the design of the State Authority Development Plan in coordination with the Municipal Development Plans and, in turn, with the Plan Economic and Social Development of the Nation.

• The Local Public Planning Council and known as the CLPP, which is responsible for the Municipal Development Plan in line with the other territorial levels, as well as other local plans such as tourism and other .

The LOPPP includes as novel, ie it was not planned his predecessor - now repealed - the Decree with Force of Planning Law (2001), Community Planning Councils, designed as the body responsible for comprehensive planning that includes the geographic area and population of a municipality, under the Organic Law of Municipalities (2010), through a Community Development Plan.

Finally, the Common Council, following the so-called communal cycle, which involves the application of diagnosis, plan, budget, implementation and social control, in order to exercise participation of citizens in various matters within its geographical area according to the Organic Law of Communal Councils (2009).

The National Legislator keeps the Central Planning Commission as a body for coordination between the various members of the National Planning System to facilitate monitoring and evaluation of the strategic guidelines, policies and plans, subject to the provisions Plan of Economic and Social Development of the Nation.

reader is suggested to take a look at other articles that I wrote called "From Municipal Organization and Management" "In the municipal powers", "From the Local Councils of Public Policy Planning" or "The CLPP", "The communal councils as the Organic Law of 2009", "Media Management", "On the Media Participation Citizen, among others, which are published in www.eduardolarasalazarabogado.blogspot.com or www.tecnoiuris.com (Podium Legal Municipal Law).

Another time he touch on other topics related to the topic.

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MUNICIPALITY AND SOCIAL SERVICES


By: Attorney Eduardo Lara Salazar
edularalaw@gmail.com

Among the many skills that the Constitution of the Bolivarian Republic of Venezuela (Constitution, 1999) assigned to the municipality, as education and health also included as a concurrent competence, the health services and primary health care, protective services for the elderly.

This corresponds to social policies extended to all citizens in the chapter on Social Rights and the Family. Indeed, the basic text notes that the State shall guarantee senior (elderly) full exercise of their rights and guarantees it seeks as a partner for families and society.

On this point, the legislature approved the Law on Social Services (LSS, 2005) which aims to define and regulate the Benefit System Senior Services and other categories of persons, which is national and whose responsibility legislation as an expression of the guidelines to be followed for treatment. This scheme does not include the allowances that come from it because they are included in Social Security, if not covered by other laws.

means Elderly any natural person aged less than sixty years of age. So-called "other categories of persons" are defined by the LSS and natural persons under sixty years of age, with no ability to pay to list Social Security System, who are in need and are not covered by other laws, institutions and programs.

When CRBV, uses the word state should be understood to encompass the three territorial levels of government: national, state and municipal, each with the roles that established the constitutional or the legislature and, in their cases. Hence the talk of concurrent jurisdiction.

The LSS has the principles that its performance must be intersectoral, decentralized, devolved and participatory, so it requires coordination and cooperation of all public and private agencies to develop programs and services for the population it covers. Its guiding principles are autonomy, participation, responsibility, progressive, preferential treatment, equality, fair treatment, non-discrimination.

Creates the National Institute of Social Services (INASS), which replaces the National Institute of Geriatrics and Gerontology (INAGER, 1978), as implementing agency the functions and powers assigned LSS.

The City provides support to the national level regarding the care of the elderly, not only with the implementation of direct services, but also with the donation of immovable property may be suburbs or other municipally owned to operate the sites managed by specialized centers or public bodies. In this sense, the LSS where it chooses, exercise control functions, monitoring and management processes of social services care and assistance for persons under the Act, and acting under the guidelines set by the INASS.

Another form of contribution is in the tax field by total or partial waiver (exemption, exemption) of taxes when they contemplate the Tax Code (2001) and municipal ordinances (local laws), such as tax urban land or vehicles, in the case of shipments of older adults.

also in the urban area, when required adapting spaces to people like the elderly, whose mobility may be reduced or minimal.

In urban transport, when given special treatment payment of the amount of tickets on routes of passengers by the Municipality, by exempting them and facilitating the complaint in case of violation by the carriers.

the case of public entertainment, tourist services, among others, they require preferential rates or free services in some cases.

With the creation of Citizens Advice Bureaux in the municipal government to deal with different requirements.

Despite all the above named, the best tool is the social organization and community through participation, with the deepest love for those beings who gave us life and gave everything before us to grow, so that the elderly and other categories of people can cope with less complexity.

reader is suggested to take a look at other articles that I wrote called "municipal competences", "From the Municipal Organization and Management", "The Local Planning Council Public Policy" or "The CLPP "," Municipal and public services "," City and Tourism "," City and Education "," Municipal and Health, among others, to handle more information which are published in www.eduardolarasalazarabogado.blogspot.com or www.tecnoiuris.com (Municipal Law Legal Podium)

Another time he touch on other topics on the subject.