Part II. Questions Concerning Individual Institutions 0f The Government of Our Voivodeship

Question 5: How is our commune government elected and how does it work?

5.1 The legislative power in communes is exercised by Commune Councils and the executive power the Mayor. In cities county rights, a City Council exercises the legislative power, while the executive power is exercised by the Mayor.

5.2 Commune Councils or City Councils shall be composed of not less than 15 and not more than 45 councilors, depending on the number of inhabitants of the commune. Councilors are elected in equal, secret, direct elections [option: proportional], in which all residents of a commune are entitled to vote, for a four-year term [or any other number not higher than 5 years].

5.3 The Mayor is elected [Option 1] in equal, secret, general and direct elections for a four-year term of office [or any other number not higher than 5 years] // [Option 2] elected and dismissed by the Commune or City Council by a majority of the full Council. A Mayor may only be a Polish citizen.

5.4 All resolutions and votes of a Commune Council or City Council are held electronically, through demokracja.gov.pl portal. These resolutions and voting shall be open to the public, unless the law provides that the resolution, election or other decision is to be taken in an electronic confidential vote. In electronic confidential voting, the voter's identity is known only to members and employees of the National Election Commission administering demokracja.gov.pl portal, who are obliged to maintain secrecy under the threat of criminal liability.

5.5 Electronic voting may take place during a traditional session during which the councilors of a commune or city are physically present in one place, or an electronic session during which the discussion is conducted through demokracja.gov.pl. Traditional session is convened at least once a quarter. Both traditional and electronic sessions shall be open and recorded.

5.6 Resolutions of a Commune or City Council shall be adopted by a simple majority of votes in the presence of at least half of the full Council.

5.7 Commune or city councilors may form a political group of councilors.

5.8 A Commune or City Council shall elect from among its members a Chairperson and one to three Vice-Chairpersons by an absolute majority of votes in the presence of at least half of the full Council, in an electronic confidential vote.

5.9. A Commune or City Council exercises a control function over the Mayor. For this purpose, it appoints an audit committee composed of representatives of all councilors' political groups, except for councilors acting as the chairperson or vice-chairpersons of the Council.

5.10. The commune or city councilors may not take up additional activities or receive donations that could undermine voters' confidence in the exercise of their mandate. They may not invoke their mandate in connection with additional activities or businesses. They may not conduct business activity on their own account or together with other persons with the use of commune or city property, nor may they perform the function of a head or deputy head of a commune, county, city or voivodeship organizational unit.

5.11. The Mayor is in charge of the day-to-day running of the affairs of the commune or the city. Commune or city organizational units and companies are subordinate to the Mayor.

5.12. Wójt, burmistrz lub prezydent miasta wydaje zarządzenia publikowana na portalu modelowe.gov.pl. Zarządzenia wójta, burmistrza lub prezydent miasta są jawne i umotywowane.



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