Public Consortia Challenges Vancouver – Oct 2007 Marcela Belic Cherubine Secretariat for Legal Issues Municipality of Santo André

Summary 1) Legal Foundations 2) Protocol of Intentions  Content 3) Challenges  Quality participation of civil society  Effective and continuous inter institutional collaboration

Legal Foundations 1) Federal Constitution art. 241: The Federation, States, Federal District, and Municipalities will define by law public consortia and agreements of cooperation between the federative entities, authorizing associative management of public services as well as the total or partial transfer of services, human resources, and goods essential for the continuity of the transferred services 2) Law /05 Regulates the constitutional mechanism, creates the public consortia and establishes processes and procedures 3) Decree 6017/07 Conceptualizes the institutions (peculiar or not to consortia) and of the implementation criteria of the legal nature created

Protocol of Intentions Content (cont) The relation of the consorciated entities and of their legal representatives; The denomination; The location of the headquarters and the call for the alteration of the headquarters, by decision of the general assembly; The stated period of duration; The legal nature of the entity that is established – public association, followed by the ratification of the protocol law, acquiring legal personality by means of the rigour of the respective endorser of municipal laws The forecast of regional performance, with mention to the totality of the territoriality of the consortiated cities as the area of responsibility

Protocol of Intentions Content (cont) The forecast of the instruments the consortia may use Accords, contracts, agreements of any nature The receipt of assistance, contributions and social or economic subsidies from other entities and governmental institutions; Dispossessions; The establishment of public jobs in the terms of the declaration of utility or public necessity, or social interest, pronounced by the public institution – is possible only if constituted by a form of public association; The direct or indirect hire through the management or consortiation of federal entities, without the necessity of public bidding in instances permitted by law and respecting this protocol.

Protocol of Intentions Content (cont) Of the Objectives of the Consortia Conforming to art. 3rd. DF 6017/07 Of the Administrative structure – form of constitution, attributes, form of access, election norms, duration of election term: General assembly;  presidency Fiscal Council; Executive Council; Advisory Council

Protocol of Intentions Content (cont) Of financial resources – revenue and expenditures Of the budgetary contract Form of transferring resources (financial but also human) with annual or pluri-annual terms adhering to the respective municipal budgetary laws Fiscal responsibility for each of the entity in the consortia and of the consortia Of the Program Contract The obligations that a federate entity establishes vis-à-vis another federate entity or public consortium within the scope of associated management in which the delivery of public services or the total or partial transfer of burdens, services, staff or assets is required for the continuity of services transferred shall be constituted and regulated by a program contract, as a condition for their entry into force. Strategic Clauses ; - Quality parameters of the services offered, transparency, especially with regards to revenue and expenditures for each territory being served, rights, guarantees and obligations accountability

Protocol of Intentions Content (cont) Of Human Resources and regiment Number of public servants, types and classes, salaries Of disbanding or withdrawal of one of the entities participating in the consortia Of the possibility of suspension Of disbanding or extinguishing the consortia Of the ends of goods, obligations and HR Of the principle of publicity