TITLE VIII. MUNICIPAL AND PROVINCIAL SYSTEMS
Chapter 1. Borough Representatives
Article 225
Each Borough shall elect a Representative and his/her alternate, by direct popular vote for a five years term. District Representatives may be re-elected indefinitely.
Article 226
In order to be eligible as a Borough Representative it is necessary:
- To be Panamanian by birth or to have acquired Panamanian nationality in a final manner ten years before the election date;
- To be eighteen years of age;
- Not to have been sentenced for a premeditated offense to a prison term of five years or more by enforceable decision of a court of law:
- To be a resident in the Community which he/she represents for at least the year immediately preceding the election.
Article 227
A Borough Representative shall lose his/her office for the following reasons:
- A voluntary change of residence to another Community;
- Conviction by a Court of Law for a criminal act;
- Termination of the mandate (“recall”), in accordance with regulations established by law.
Article 228
In the case of the temporary or permanent absence of the principal Borough Representative, his/her alternate shall take charge. In case of a permanent absence of the principal and alternate Borough Representatives an election must be held within the following six months to elect a new Borough Representative and his/her/her respective alternate.
Article 229
Borough Representatives shall not be appointed to remunerated public positions in their respective municipalities. An infraction of this precept will nullify the appointment.
An appointment to the Judicial Branch, the Public Ministry, or Electoral Tribunal will produce a permanent vacancy in the functions of Borough Representative, and the designation as a Minister of State, Chief of an autonomous or semi-autonomous institution or diplomatic mission, or Governor of a Province a temporary one.
Article 230
Borough Representatives are not legally responsible for opinions stated in the exercise of their functions as members of the Provincial Council.
Article 231
Borough Representatives shall receive remuneration paid by the national or municipal treasury, as determined by law.
Chapter 2. The Municipal System
Article 232
The municipality is the autonomous political organization established within a district.
The municipal organization shall be democratic and will respond to the essentially administrative character of local government.
Article 233
As fundamental entity of the political-administrative structure of the State with its own democratic and autonomous self-government it is the duty of the municipality to provide the services and carry out the public works determined by law, to structure the development of its territory, to promote citizen participation as well as the cultural and social improvement of its inhabitants and to fulfill the other functions assigned to it by the Constitution and the law.
The Executive Branch guarantees the achievement of these purposes, within the framework of the process of decentralization of public competences and functions which the Panamanian State shall promote and carry out on the basis of the principles of autonomy, subsidiarity (subsidiaridad), equity, equality, sustainability and efficiency, and taken into account the territorial size, population and basic needs of the municipalities.
The law shall determine the manner in which the public administration is decentralized and the transfer of powers and resources for the execution of this provision.
Article 234
The municipal authorities have the duty to comply with, and to enforce compliance with the Constitution and laws of the Republic, the decrees and orders of the Executive Branch, and the decisions of the ordinary or administrative Courts of Justice.
Article 235
No Municipal Civil Servant may be suspended or discharged by the National Administrative Authorities.
Article 236
The State shall supply municipal management when the latter may be insufficient in cases of epidemic, grave disturbance of the public order, or other reasons of general interest, in the manner prescribed by law.
Article 237
In each district there shall be a body called the Municipal Council, composed of all Borough Representatives that have been elected within said District.
If, in any district there exists less than five Boroughs, Councilors shall be elected by direct popular vote, according to the procedure and systems of proportional representation established by law, so that there are five members in a Municipal Council.
The Council shall designate one President and one Vice-President from among its members. The latter shall take the place of the former, in his/her/her absence.
Article 238
By popular initiative and through the vote of the respective Councils, two or more municipalities may request their incorporation into a single one, or into an association, for reasons of common benefit. Corresponding procedures shall be established by law.
The municipalities of a province with like requisites may unify their regime, establishing a common treasury and fiscal administration. In this case there may be created an Inter-Municipal Council whose composition shall be determined by law.
Article 239
Citizens have the right of initiative and referendum in the matters entrusted to the Councils.
Article 240
The law may establish, in accordance with economic capacity and human resources of the municipalities, which of them shall be governed by a system of expert commissioners to render those services that the law itself may establish.
Article 241
In each District there shall be a Mayor (alcalde), who is the Chief of the Municipal Administration, and a Deputy Mayor, elected by direct popular vote for five year terms.
Article 242
Without prejudice to other functions which the law may assign to it, the Municipal Council is competent to implement, modify, amend and repeal municipal decisions and resolutions pertaining to:
- The approval or rejection of the municipal budget for revenues and expenditures drafted by the office of the Mayor;
- The determination of the structure of the municipal administration upon proposal by the Mayor;
- The control of the municipal administration;
- The approval or rejection of the conclusion of contracts about concessions and other forms of provision of public services, and those concerning the construction of municipal public works;
- The approval or elimination of taxes, contributions, fees and levies in accordance with the law;
- The creation or abolition of public services of the municipality;
- The appointment, suspension or dismissal of municipal officials who work in the Municipal Council;
- The approval of the appointment to the post of Municipal Treasurer made by the Mayor;
- Matters related to the powers of the municipality according to the law.
Municipal decisions have the force of law within the perspective municipality.
Article 243
The Mayors shall have the following functions:
- To submit bills, especially of the budget for revenues and expenditures;
- To put in order the expenditures of the local administration, bringing them into conformity with the budget and the accounting regulations;
- To appoint and dismiss municipal officials whose nomination does not correspond to another authority, subject to the provisions of Title XI;
- To promote progress of the municipal community and to monitor the fulfillment of its officials’ duties;
- To discharge the other functions assigned to him/her by law.
Article 244
Mayors shall receive remuneration for their services which shall be paid from the national or municipal Treasury, in accordance with the provisions of the law.
Article 245
Municipal taxes are those which have no effect outside of the District, but exceptions shall be established by law which specify taxes as Municipal notwithstanding that they so originate. On this basis, the proper separation of National revenues and expenditures and those that are Municipal shall be established by law.
Article 246
The following shall be sources of Municipal income apart from those provided by law in accordance with the preceding Article:
- Income from public lands or properties or from Municipal assets;
- Fees for the use of goods or services;
- Duties on public performances;
- Taxes on the sale of alcoholic beverages;
- Duties on the extraction of sands, quarried stone, rock, clay, coral, gravel and limestone;
- Fines imposed by Municipal Authorities;
- State subsidies and grants;
- Duties, on the extraction of woods, and on lumbering;
- Tax on the slaughtering of bovine and porcine livestock which shall be paid in the Municipality of the animal’s origin.
Article 247
Municipalities shall be able to create Municipal and/or mixed enterprises for the development of properties or services.
Article 248
The State shall not grant exemptions of Municipal duties, charges or taxes. Municipalities alone shall do so by means of a Municipal Resolution.
Article 249
Municipalities shall contract loans with prior authorization of the Executive Branch. Procedure shall be determined by law.
Article 250
There shall be a Borough Junta (Junta Communal) in each Borough that shall promote the development of the community and monitor the solution of its problems.
Borough Juntas shall exercise functions of voluntary conciliation, and others designated by law.
Article 251
The Borough Junta shall be composed of the Borough Representative who shall chair it and four other Borough residents chosen in the manner determined by law.
Borough Juntas shall be able to request the cooperation and advice of National or municipal officials, and of private persons.
Special rules for Community Juntas that shall function in communities which are not administratively constituted in municipalities or Boroughs shall be established by law.
Chapter 3. The Provincial System
Article 252
There shall be in each Province a Governor whose free appointment and removal shall be by order of the Executive Authority, and who shall represent the latter within his/her jurisdiction. Each Governor shall have an alternate, also designated by the Executive Branch.
Functions and duties of Governors shall be determined by law.
Article 253
Each Province shall include the number of districts provided by law.
Article 254
A Provincial Council shall function in each Province, made up of all Precinct Representatives of the respective Province, and other members determined by the law that regulates the organization and operation of the Council. Such members shall have only the right of voice. Each Provincial Council shall elect a President and Board of Directors from among the respective Precinct Representatives, and shall issue the rules for its internal proceedings. The Governor of the Province, and Mayors of the Districts may participate with right of voice at Provincial Council meetings.
Article 255
Along with others designated by law, the Provincial Council has the following duties:
- To act as an advisory body, to the Governor of the Province, to Provincial Authorities, and to National Authorities in general;
- To request reports on matters concerning the Province from National, Provincial and municipal officials. For these purposes the provincial and municipal officials are obliged, when the Provincial Council so requests, to appear personally before it, and give oral reports.National Officers may submit written reports;
- To prepare each year for the consideration of the Executive Branch, the plan for public works, investments, and services of the Province, and to supervise, the execution of same;
- To supervise the performance of public services offered in the respective Province;
- To recommend to the National Assembly changes considered appropriate in political divisions of the Province;
- To request from National and Provincial Authorities studies and programs of interest to the Province.
Article 256
The Provincial Council shall meet once a month, in ordinary session, in the Capital of the Province or at a place in the Province determined by the Council, and in extraordinary sessions when such are convoked by the President, or at the request of no less than one-third of its members.
