Name of the Association:
Article 1: The name of the association shall beTurkish Healthy Cities Association. THCA is the abbreviation of Turkish Healthy Cities Association.
Headquarters of the Association:
Article 2: The Headquarters of the Association shall be in the city of Bursa.
Duration and scope of the association:
Article 3: The scope of the association shall be limited with the authorized fields of the member municipalities and its duration shall be perpetual.
Members of the Association:
Article 4: Members of the Association:
Bursa Metropolitan Municipality, Yalova Municipality, Ankara Çankaya Municipality, Eskişehir Tepebaşı Municipality, İstanbul Kadıköy Municipality, Ordu Municipality, Nevşehir Ürgüp Municipality, Kırıkkale Municipality, Nevşehir Avanos Municipality, Mardin Municipality, Trabzon Municipality, Aydın Municipality, Bursa/Nilüfer Municipality, İzmit/Gölcük Municipality, Bursa Mudanya Municipality, Çorum/Osmancık Municipality, İstanbul Metropolitan Municipality, İzmir Metropolitan Municipality, Antalya Metropolitan Municipality, Eskişehir/Odunpazarı Municipality, Balıkesir/Akçay Municipality, Bartın/Amasra Municipality, Kocaeli Metropolitan Municipality, Isparta Municipality, Kırşehir Municipality, Balıkesir/Bandırma Municipality, Kastamonu/Abana Municipality, Kocaeli/Derince Municipality, Kocaeli/İzmit Municipality, Denizli Municipality, Kahramanmaraş Municipality, İzmir/Karşıyaka Municipality, Kocaeli/Gebze Municipality, Yalova/Altınova Municipality, Osmaniye/Kadirli Municipality, Aydın/Didim Municipality, Aydın/Buharkent Municipality, Aydın/Sultanhisar Belediyesi, Aydın/Yenipazar Municipality, Bursa/Osmangazi Municipality, Muğla Municipality, İzmir/Balçova Municipality, İzmir/Urla Municipality, Mersin/Tarsus Municipality, İstanbul/Adalar Municipality, Antakya Municipality, İstanbul/Pendik Belediyesi ve Sakarya/ Serdivan Municipality are members of the Association.
Purpose of the Association and duties and services of the Association transferred by the members.
The purpose of the Association:
Article 5: Healthy Cities Association has been founded in order to effectively represent Healthy Cities Associationin Turkey which are founded in the framework of WHO – Healthy Cities Project of the World Health Organization of United Nations, by uniting the candidate cities and the Healthy Cities in Turkey and providing integration between health and planning, sustainable development, co-management and social support, and establishing healthy cities and strengthening them by reducing inequalities within cities and between cities.
In order to reach the goals of the Non-Profit Association the following activities shall be carried out:
a) In the framework of health and all matters concerning health, the association shall provide means for cooperation and opportunity for sharing experiences between member municipalities, shall prepare evaluations and report development in order to fight against poverty in cities, inequality concerning urban and environmental issues, for assuring livable and healthy cities;
b) The Association shall provide documents, databases of regulations concerning health, planning, environment, residence, transportation, education, security, governance of a city and similar subjects on urban issues and shall organize training activities concerning such.
c) Shall assist member municipalities in the framework given by the Ministry of Health and the Ministry of Internal Affairs to establish communication and cooperation in their relations and shall provide general assistance.
d) Municipalities which are a member of the Association shall organize and coordinate activities in relevance with the scope of the association, shall make joint procurements, organize investments and prepare action programs and make audits.
e) In order to achieve its goal to create healthy cities in the framework of urban and natural environment, the Association shall support all the attempts of member municipalities which aim to create good cooperation, mutual understanding and synergy to find solutions to problems.
f) Shall establish international relations in the framework of its scope and purpose. Shall have joint activities, shall organize national and international scientific and cultural events, and tours with the aim of technical examinations. Shall prepare informative programs for the public and member municipalities via periodical or non-periodical publications.
g) In accordance with the legal limitations it shall prepare audiovisual media, programs for radio and television shows in order to raise the level of awareness of and to create a vision for healthy cities concerning urban and environmental issues, of the public and of member municipalities.
h) Shall provide technical support for the member municipalities concerning the preparation and application of City Health Development Plans, Healthy Cities Projects and also Healthy City Indicators which may be requested by WHO.
i) Shall provide an knowledge database and develop it for member municipalities and foreign Healthy Cities Associations.
j) Shall support the sustainable and livable cities approach believing in its positive impact on economic growth.
k) Shall support suitable legislations which aim the protection of sustainability and cultural inheritance of healthy cities.
l) Shall support and encourage international brotherhoods between healthy cities.
m) Shall establish and manage companies which shall operate for its goals.
n) In the framework of international cooperation between WHO and member cities of the European Healthy Cities Network and in order to strengthen the good relations and support between the cities and areas described in 2003 Belfast Declaration and to share knowledge and experience, it shall sign protocols with WHO, Municipalities or National Networks of European Healthy Cities Network on the following subjects;
- Health, Environment and Environmental Planning
- Culture, Education and Research,
- Economy and employment
- Population, Health and Social Services
- Disasters and Urgent Situations
o) Shall receive aid from national sources, European sources and from other national and international institution in order to achieve its goals
p) All the profits which may come from these activities shall only be used for the activities of the association.
Bodies of the Association:
Article 6: The bodies of the Association are given below;
1- The Council of the Association
2- The Committee of the Association
3- The Chair of the Association
CHAPTER I. ESTABLISHMENT, DUTIES AND POWERS OF THE COUNCIL AND THE COMMITTEE OF THE ASSOCIATION AND DUTIES AND POWERS OF THE CHAIR OF THE ASSOCIATION
Establishment of the Council of the Association:
Article 7: The Council of the Association shall be formed by three members shall be elected by the member local municipalities. (Member local administrations can elect members other than their local municipalities which should have the required qualifications for membership. Members which can be elected other than local municipalities cannot be more than 1/3 of total amount.) Substitute members shall also be elected with the half number of elected members. The chairs of the member local administrations are natural members of the association. The mayor can also delegate one of the councilors in order to represent himself.
The assignment period of the elected members shall be restricted in accordance with their election period.
In case elected members of the Association lost its membership substitute members shall be assigned.
In case if a member of the association has lost its membership to the Municipal Council, this member shall also lose its membership to the Council of the Association.
Observer Members of the Council of Association:
Article 8: One representative from Association of Turkish Medical Doctors, TMMOB Urban Planners Chamber, Environmental Engineers Chamber and Architects Chamber, and representative of Provincial Health Directorate of the city where the Presidency of the Association locates, and a representative from Ministry of Health and Ministry of Environment and Forests, a Public Health lecturer from Faculty of Medicine which shall be designated by the Institution of Higher Education, representatives of other business chambers which are members of Turkish Architects and Engineers Chamber Association, representatives from Urban Planning and Environment Departments of
Universities, Representatives from Local Agenda 21s, WHO (World Health Organization) shall participate in the council of the Association as observers. These institutions shall have one representative each as observers in the Council of the Association. In case of applications are made by national and international institutions of local administrations and the Council of the Association gives approval these institutions shall be given the status of observer.
Observer members shall present their views concerning the agenda of the Association in the Council of the Association but shall not take part in the voting and decision-making processes of the Council.
Duties and Powers of the Council of the Association:
Article 9: The duties and powers of the Association are given below:
1- To elect the presidential board, the members of the committee of the association and expert commissions of the council;
2- To discuss and approve the investment plan and activity schedule;
3- To approve the budget and final account, to make transfers between units having institutional codification in the budget and first levels of functional classification;
4- To decide to get into debt;
5- To give decisions concerning purchasing, selling, renting and changing the immovable of the association;
6- To determine wage tariff to be valid for services which shall be carried out by the Association?
7- To approve contributions given on conditions and to observe if these contributions are used properly and to take necessary decisions concerning such;
8- To receive conditional grants of immovable in accordance with the purpose of the association and have these grants used in accordance with its purposes;
9- To decide to adjudicate in a friendly manner about credits of the Association between 2 thousand (two thousand) Turkish Liras and 10 thousand (ten thousand) Turkish Liras which is the subject of an appeal;
10- To decide to realize the investments of the Association within build-operate and build-operate-transfer model;
11- To take decisions for establishing new units belonging the association;
12- To decide to make amendments in the principal regulations;
13- To approve regulations to be acted by the Association;
14- To solve conflicts between the chair and the committee;
15- To examine and approve the activity report of a previous year which has been presented by the chair of the association; (activity report shall be approved by the majority of presence)
16- To decide to open, change and annul of the staff positions of the association;
17- To decide the rate of participation fee which shall be given by local administrations for participating in the Association for next years;
18- To take decisions concerning loans which have been taken on behalf of the association and have been active for more than one year;
19- To discuss the proposals of the Chair of the Association concerning the activities and services of the association and the take decisions concerning such;
20- To give approval for renting, giving on rent and usufruct agreements which have a yearly value of more than TRY 10(ten) and have a duration more than ten years;
21- To take decisions concerning cooperation with foreign and international institutions and organizations in accordance with the duties given in the purpose and scope of its establishment;
22- To decide the dissolution of the association;
23- To decide councilors shall not attend 3 (three) following meetings shall be supposed to resign;
24- To purchase immovable which belong to the public institutions and organizations in accordance with their development plans, to receive loans, to give rent, to provide usufruct and to apply the model construct-operate-transfer and assist the development of public areas which shall aid the healthy cities;
25- To improve the health profiles of the cities and to assist the cooperation between sectors concerning city health;
26- To allocate, give on rent, operate immovable which are allocated to the association in accordance with the purpose of the association;
27- To use national and international loans in order to achieve its goals and to show immovable which belong to the association as guarantees;
28- To work with WHO in cooperation in order to improve Healthy Cities.
The Presidential Board of the Association:
Article 10: Upon a call of the local provincial administrator where the center of the Association locates, the board meets under the chairmanship of the oldest member and elects the chair, first and second deputy chair and two real and substitute clerk members with secret ballot for the first two year after the local elections. Presidential board shall be elected for two years; board members that shall be elected after first two years shall continue to work until the new elections. In case if there would be seats available in the board, new member shall be elected for this seat.
The chair presides over the council; first deputy chair preside it in case the chair is absent; second deputy chair preside it in case the first chair is absent.
Quorum for of Meetings of the Council of the Association and for decisions:
Article 11: The council of the association shall meet every year in April and September in one of the headquarters of the member municipalities which shall be decided and announced to members by the chair of the association. The Council shall be met with absolute majority of all members and decisions shall be taken by the absolute majority. The quorum cannot be less than ¼ of all members. The Council shall be invited to extraordinary meetings with the demand of Chair and 1/3 of the members of the Council of the Association or member local authorities. If the quorum is not reached the meeting shall be postponed for three days by the chair. Second meeting shall start with the number of the council not less than all members and decisions shall be taken with the absolute majority of the presence. But the quorum cannot be less than ¼ of all members. During the extraordinary meetings subjects other than the agenda of the meeting shall not be discussed.
Finalizing Decisions of the Council of the Association:
Article 12: Decisions taken by the Council shall be sent to the Chair. The chair sends the decisions of the Council which seems to be unlawful back. If the Council persist on the decision, or send it to local provincial administrator in 5 days or do not do anything in this period; decisions shall be acted.
Decisions concerning amendments in the constitution shall be finalized and come into force with the approval of Ministry of Internal Affairs.
Coming Into Force of the Decisions of the Council of the Association:
Article 13: Finalized decisions come into force with being sent to the governor of the city where the center of the Association locates.
Article 14: The council of the association shall establish planning and budget commission in each term and elect members of the commission not more than 5 (five).
The council of the association could establish other expert commissions concerning its activity zone in the beginning of term or other meetings and could elect members to this commissions not more than 5 (five).
DUTIES AND POWERS OF THE COMMITTEE OF THE ASSOCIATION
The Committee of the Association:
Article 15: The Committee of the Association shall consist of 7 members including the Chair of the Association and 6 members selected for 1 year by members of the Council.
Elections for the committee are held in the beginning of the term with secret ballot.
Members can also be elected again after the conclusion of their assignment period.
Member of the committee of Healthy Cities Association are elected between councilors of different local administrations.
The Chair of the Association is the natural chair of the Committee of the Association.
If the Chair of the Association is not present, the duty of the chair shall be executed by the director of the association.
Article 16: The Duties and Powers of the Committee
The duties and powers of the committee of the association are as follows:
a) To declare its opinion to the council of the association after examining investment plan and activity programme.
b) To take decision of public interest which expropriation operates requires.
c) To determine where unpredictable expenditure allocation shall be used.
d) To make transfer between secondary levels of functional classification in thebudget.
e) To impose punishment fixed by laws.
f) To decide to settle disputes in a friendly manner up to two thousand Turkish Liras.
g) To implement the decisions of the council concerning purchasing, selling, renting and changing immovable asserts.
h) To examine monthly schedules and to take decisions concerning such;
i) To prepare, execute and approve tenders in accordance with the Tender Law of the Republic no.: 2886, Public Tender Law No.: 4734 and Public Tender Contracts Law no.: 4735.
j) To rent and to give on rent, to take decisions concerning renting and giving on rent which are in the authorization field of the Council of the Association,
k) To inspect the accounts of the accounting department and to audit to see if the account of the association is spent in accordance with the budget of the association.
Quorum for the meetings of the Committee of the Association and decisions:
Article 17: The committee of the association shall meet once in every months in a determined place and date and the decisions shall require an absolute majority of the votes entered at a meeting. In case votes are equal, chairs vote is dominant. Chair can call the committee to a meeting in an emergency.
The agenda of the committee is prepared by the chair. Subject that is not devolved by the chair cannot be discussed. Members of the committee can propose a subject to be added to the agenda with the positive vote of the chair.
Subjects devolved to the committee shall be finalized in a month.
DUTIES AND POWERS OF THE CHAIR OF THE ASSOCIATION
The Chair of the Association:
Article 18: The Council of the Association shall elect the Chair of the Association with secret ballot in the first meeting after the establishment of the association or after the declaration of election results of local administrations for two years as other members of presidential board. At the end of two years, the chair of the association shall be elected as well as the other members of presidential board in accordance with the system fixed in the 10th article of the constitution until the next election.
Duties and Powers of the Chair of the Association:
Article 19: The Chair of the Association is the head of the administration of the association and the representative of the institution. Duties and powers of the association are given below:
a) To manage the association and consider the rights and interests of the association.
b) To prepare, carry out, monitor, and evaluate the investment plan and activity programme with the budget and final account and to present the yearly activity report to the council that it prepares concerning such;
c) To represent the association or assign a delegate.
d) To preside to the council and committee of the association.
e) To manage the movable and immovable asserts.
f) To follow and collect the incomes and credits of the association.
g) To make contracts after taking the decision ofresponsible organs.
h) To implement the decisions of the council and the committee
i) To make other allocation transfers out of council and committee’s responsibility.
j) To assign the personnel of the association.
k) To inspect the association.
l) To receive unconditional grants on behalf of the association,
m) To use powers and officiate given to the association by laws and which doesn’t need the decision of the committee of the association.
n) To act as the disburser or give the authority of disburser to the General Secretary of the Association when necessary,
o) To call the council to the meeting,
p) To make proposals to the Council of the Association concerning the Association with the opinion of the Committee of the Association.
Rules of Municipal Law concerning the conclusion of mayoralty except absenteeism shall be implemented related conclusion of Chairmanship of the Association.
THE ORGANIZATION OF THE ASSOCIATION AND PERSONNEL
Article 20: The organization of SKB consists of director, secretariat, financial services department and technical works department.
Officers working in public institutions locates in the center of the association can also be assigned as secretary general of the association or other executive management in accordance with bases and methods fixed in the Municipal Law. In these assignments none of financial and social rights that are provided by their institution shall be restricted, but additional payments can also be provided not more than their salaries and other payments.
Personnel of the Association:
Article 21: The chair assigns the director, head of departments and other personnel. But chair shall inform the council regarding the assignments of the secretary general and head of departments.
The association is amenable to relevant regulations of Municipal Law about municipal staff; Law of Officers of the Republic No: 657 and relevant regulations in the processes of assignment, promotion, rights, duties, position, punishment, etc.; Bases and methods fixed by the Council of Ministers; Law for Officers Who Will Work For the First Time.
Duties of Director of the Association:
Article 22: The Director of the Association shall carry out services on behalf of the Chair of the association in accordance with the directives and responsibility of the Chair.
The Chair of the Association shall declare the duties transferred to the Director.
CHAPTER II. FINANCIAL RULES
Revenues of the Association:
Article 23: Revenues of the Association are as follows:
a) Membership fees (dues) and contributions to the budget from the Municipalities that are members of the Association shall be agreed by the Association Council in the Budget Decree.
b) Fees which shall be collected for services given in accordance with the tariffs determined by the council of the association.
c) Allocations which shall be transferred from public institutions.
d) Revenues to be gained from renting, selling, etc. of movable and immovable asserts
e) Revenues from renting and interest
g) Other revenues
Expenditures of the Association:
Article 24: Expenditures of the Association are as follows:
a) Expenditures made to meet the duties and services of the Association,
b) Administration and personnel expenditures of the Association such as salary, payment, allocation, attendance fee, travel allowances, training costs, etc. and other expenditures,
c) Expenditures made to follow and collect the payments for services and other revenues.
d) Expenditures made for providing, constructing and repairing the service buildings, facilities and tools of the Association.
e) Other payments concerning interest and getting into debt and expenditures of insurance.
f) Expenditures made to follow the cases and execution.
g) Payments for advocacy, consultation and examination.
h) Joint services done with institutions from public and private sectors and other project expenditures.
i) Expenditures made to representative, ceremony and hosting.
j) Other expenditures.
Contribution of members to the activity costs of the associations:
Article 25: Member local administrations pay contribution fee according to their population in accordance with the Budget Decreeapproved by the Council of the Association.
Member local administrations which shall not fulfill their responsibilities concerning their fees shall be penalized in accordance with the 21st article of Law of Union of Local Administrations No: 5355.
Budget of the Association:
Article 26: The Budget of the Association is a decision of the council indicating estimated revenues and expenditures in a financial year and following two years and bases and methods related to implement it.
Detailed spending program and financial program shall be affixed to the budget. The budget year is the same period with official financial year. No spending can be possible other than the budget.
Director, which is charged by chair as the authority, is responsible from spending the allocations efficient.
The council of the association shall approve the budget in the ordinary meeting in September.
The budget shall be prepared according to forth level of economic classification and approved in the council to be discussed until the secondary level.
Finalization of the Association Budget and Coming into Force:
Article 27: The budget of the Association shall be finalized and come into force in accordance with the 12th and 13th articles of the constitution as well as the other decisions of the council.
Article 28: The Chair of the Association is the top executive of the association.
Responsible of Spending:
Article 29: The chair is responsible of expenditure. The chair can transfer this power to the director.
Duties of Financial Services Department:
Article 30: Duties of Financial Services Department are given below:
1. Prepare the budget of the association;
2. Register the revenues and expenditures of the budget and put the accounting procedures into practice.
3. Collect or have the revenues which are given in the budget collected,
4. Ensure that the payments concerning expenditures of budget are carried out,
5. Analyze, enter into account the expenditure documents related with advances given
to the paymasters and credited to the name of paymasters, to search if there is advance or credit that has not been entered into account and to make sure that these are registered,
6. Prepare certain accounts of the budget and present such for the approval of authorized departments.
Article 31: The Council of the Association shall discuss and approve the activity programme before the budget. Budgets should be prepared taking activity programme into consideration.
Buying, Selling, Tenders and Paymastership of the Association:
Article 32: The Association shall be bound by the Tender Law of the Republic No.: 2886, Law of Public Tender Contracts No.: 4734, the Law of Public Finance Management and Control No.: 5018, Law of Government Accounting Bureau.
Accountancy and Minutes of the Association:
Article 33: Healthy Cities Association shall be bound by the regulation concerning Method of Budget and Accountancy and collects the minutes mentioned in this regulation. Furthermore Casebook of Council and Committee, Registration Book of incoming and outgoing documents and Member Registers shall be recorded.
CHAPTER III. VARIOUS RULES
Benefiting Methods of Member Local Administrations and Citizens from Services of the Association:
Article 34: Turkish Healthy Cities Association has been accredited as National Networkby World Health Organization in 09.06.2005. WHO stated following items below with a declaration which has been sent to European National Networks. Turkish Healthy Cities Association;
- Determined numerous of membership criteria under the frame of Healthy Cities movement principles,
- Assigned a coordinator (director) with technique and administrative
- Officially organized in the scope of constitution which was accepted by
- Has decision making organs,
- Shall organize National Network business meetings periodically,
- Shall support cities actively in order to fulfill the healthy city objectives within the city,
- Committed to attend European National Network Business Meetings,
- Shall try to increase the number of cities fulfilled minimum criteria of European National Network,
- Shall provide basic information to WHO and European National Networks if necessary and update these information regularly,
- Shall give opportunity to realize basic activities at least with supporting European National Networks, creating efficient resource support,
- Shall convey the resources to member cities of European National Network and WHO,
- Shall run with healthy cities in national level,
- Shall act as a bridge between European National Network and member cities.
- SKB shall maintain its works fulfilling the responsibilities fixed in this declaration.
Responsibilities of Members of the Association:
Article 35: The Association shall be deemed to be responsible as a judicial person concerning all agreements and commitments on behalf of the Association.
The judicial persons of the member municipalities and organizations shall not be bound by this responsibility which shall be limited with the assets of the Association.
Joining the Association:
Article 36: A local administration shall become a member of the association after the local administration has taken a council decision accepting the membership criteria of the association and applied for membership and this application has been approved by the council of the association.
Leaving the Association:
Article 37: Member local administrations shall leave the association with their municipal decisions.
Amendment / Finalizing the Constitution:
Article 38: Amendments and finalizing the constitution of the Association shall realize with the decision of 2/3 votes of numbers of all members in the council and with the approval of Ministry of Internal Affairs.
Dissolution of the Association:
Article 39: The Council of the Association shall be dissolved with 2/3 votes of number of all members.
Dissolution of the Association shall be carried out by 3 public officers appointed by head of provincial administration. Dissolution procedure shall be finalized in 1 year at most.
Assets of the Association shall be distributed according to the decision of the Council of the Association and in accordance with ratios of participation to Association’s assets; if participation ratios cannot be determined, it shall be distributed in accordance with LocalAdministration’spopulations.
Article 40: The Chair of the Association shall put the provisions of this constitution into force.
Article 41: This constitution shall come into force after it is published.