Sharing innovations for improving local self-government
Solution of the Problem "Invalid Marriage Certificates"
Varna Municipality
Background
With the introduction of the Law for Local Self-Government and Local Administration, a problem for the municipal firms "Rituals" in the country is created. What happens is that this Law puts these firms out of the system of act-making and makes the acts for citizens status issued by them invalid.
The person in charge (in accordance with this Law) becomes the Mayor of the respective municipality or specifically authorized by him/her employee. The employees of the firms "Rituals", on the other hand, cannot be authorized by the mayors since these firms are a separate legal entity and the mayors are not the employers.
With the introduction of the Law for Local Self-Government and Local Administration, a problem for the municipal firms "Rituals" in the country is created. What happens is that this Law puts these firms out of the system of act-making and makes the acts for citizens status issued by them invalid.
The person in charge (in accordance with this Law) becomes the Mayor of the respective municipality or specifically authorized by him/her employee. The employees of the firms "Rituals", on the other hand, cannot be authorized by the mayors since these firms are a separate legal entity and the mayors are not the employers.
Practice
The solution of the problem is hidden in the problem itself. One way to go about it, is to transform the municipal firms into municipal enterprises using the Law for Municipal Property. However, this approach puts the solution of the problem further away in the future and involves more issues besides the legal ones in the act-making process. The acts which have to be processed are three acts for birth, acts for deaths and acts for marriage (or marriage certificates). The acts for marriage represent the toughest issue since they could be easily protested at Court. The other two acts could be defended without problems with only a Court decision and thus they hardly present a legal issue.
So what does the municipality of Varna do? It appoints its own employees at the municipal firm "Rituals" who are to be responsible for processing and signing the three types of acts for citizens status. Thus, the Major is able to delegate his authority, as a person responsible for citizens status, to his employees.
The municipality hires only the absolute minimum of three employees one for the "Joyous Activities", one for the "Sorrowful Activities" and one to replace the first two in their days-off. The preparation of the acts remains the responsibility of the original "Rituals" employees.
The initial desire is that the new employees work half time at the municipality and half time at the "Rituals" municipal firm. Given certain problems arising from the payments of their social securities and from the impossibility for a full-time Labor Contract with the municipality, the three give up and quit and three new employees are hired.
The acclimatization of the two teams is difficult while the nature of their work requires them to fully trust each other. Only after the passage of some time, when it is clear that there are no attempts on either team to replace the other, the two teams start working together since each one possesses something that the other does not, thus completing the process.
The solution of the problem is hidden in the problem itself. One way to go about it, is to transform the municipal firms into municipal enterprises using the Law for Municipal Property. However, this approach puts the solution of the problem further away in the future and involves more issues besides the legal ones in the act-making process. The acts which have to be processed are three acts for birth, acts for deaths and acts for marriage (or marriage certificates). The acts for marriage represent the toughest issue since they could be easily protested at Court. The other two acts could be defended without problems with only a Court decision and thus they hardly present a legal issue.
So what does the municipality of Varna do? It appoints its own employees at the municipal firm "Rituals" who are to be responsible for processing and signing the three types of acts for citizens status. Thus, the Major is able to delegate his authority, as a person responsible for citizens status, to his employees.
The municipality hires only the absolute minimum of three employees one for the "Joyous Activities", one for the "Sorrowful Activities" and one to replace the first two in their days-off. The preparation of the acts remains the responsibility of the original "Rituals" employees.
The initial desire is that the new employees work half time at the municipality and half time at the "Rituals" municipal firm. Given certain problems arising from the payments of their social securities and from the impossibility for a full-time Labor Contract with the municipality, the three give up and quit and three new employees are hired.
The acclimatization of the two teams is difficult while the nature of their work requires them to fully trust each other. Only after the passage of some time, when it is clear that there are no attempts on either team to replace the other, the two teams start working together since each one possesses something that the other does not, thus completing the process.
Results
The municipality of Varna keeps the good quality of its services for the citizens without having to change the place of the ritual, or the ritual itself, and finds an elegant solution of the problem "Invalid Marriage Certificates." This also applies to the rest of the acts for citizens status which are not a subject to legal examinations on the part of the state. The transformation of municipal firms into municipal enterprises is, of course, the best solution and is recommendable. However, it is not always possible.
The municipality of Varna keeps the good quality of its services for the citizens without having to change the place of the ritual, or the ritual itself, and finds an elegant solution of the problem "Invalid Marriage Certificates." This also applies to the rest of the acts for citizens status which are not a subject to legal examinations on the part of the state. The transformation of municipal firms into municipal enterprises is, of course, the best solution and is recommendable. However, it is not always possible.
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