Local Authorities (Election of Head of Authority and His Deputies and Their Tenure) Law, 5735-1975
חוק הרשויות המקומיות (בחירת ראש הרשות וסגניו וכהונתם), תשל"ה-1975
Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More
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Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.
The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.
This translation is provided for informational purposes only and does not constitute legal advice. For use in legal proceedings, request a certified Expert Legal Opinion.
Definitions§
In this Law –
"Administrative Affairs Court" – as defined in the Administrative Affairs Courts Law;
"Administrative Affairs Courts Law" – Administrative Affairs Courts Law, 5760-2000;
"local authority" – a municipality or local council, excluding a regional council;
"head of authority" – the head of a local authority;
"council" – a council of a local authority;
"elections administrator" – the elections administrator appointed pursuant to the provisions of section 29 of the Elections Law;
"Elections Law" – Local Authorities (Elections) Law, 5725-1965;
"the Minister" – the Minister of the Interior.
Method of Election§
The head of authority shall be elected in personal, general, direct, equal and secret elections, in accordance with the provisions of this Law.
Date of Elections§
Whenever elections are held for the council, elections for the head of authority shall also be held and they shall take place on the day of elections for the council.
Right to Vote and to Stand for Election§
Nomination of a Candidate§
Withdrawal of a Candidate§
Death of a Candidate§
The Nominated Candidate§
Postponement of the Date of Elections§
Electoral Procedure§
Deposit§
Elected Without Ballot Box Voting§
Where a candidate for head of authority has been approved and he is from a list of candidates that has been approved pursuant to the Elections Law as the sole list for elections to the council, the elections administrator shall, with the concurrence of the elections committee, declare on the day of elections the candidate as having been elected head of authority and shall publish a notice to that effect in Reshumot (Official Gazette).
Results of Elections at the Ballot Box§
Where It Is Impossible to Hold an Election for One or Both Candidates in Repeat Elections§
Head of Authority Whose List for the Council Did Not Win a Mandate§
Elections Without Ballot Box Voting§
Where no nomination of a candidate has been submitted or approved, or where the sole candidate withdrew or died and no other candidate was nominated in his place as referred to in sections 6 and 6a, there shall be no ballot box elections and the council shall elect a head of authority from among its members in accordance with the provisions of section 26.
(Repealed — תיקון מס' 13, 1996)
Separation of Appeals§
Tenure of the Head of Authority§
A head of authority elected in ballot box elections shall commence his tenure 21 days after the day of his election; a head of authority elected by the council shall commence his tenure upon his election; their tenure shall continue until a new head of authority commences his tenure.
Reconsideration of Council Decisions§
Permanent Deputies Acting in Place of the Head of Authority§
"the Negev" – as defined in the Negev Development Authority Law, 5752-1991;
"the Galilee" – as defined in the Galilee Development Authority Law, 5753-1993.
Additional Deputies§
(Repealed — תיקון מס' 24, 2003)
Salary of Head of Authority and Deputies§
"local authority" – including a regional council;
"salary and terms of service" – salary, retirement conditions and pensions, as well as all other monetary benefits connected with the performance of the duties of a head of authority or his deputy.
Additional Occupation – Prohibition and Regulation§
"shall engage" – whether by himself or in partnership with another, including as an employee or as an agent;
"additional occupation" – an occupation in addition to the occupation as head of authority or deputy head of authority, including a one-time occupation, representation of another person, the giving of advice or the conduct of lobbying activity on his behalf;
"remuneration" – monetary remuneration or other material remuneration;
"material remuneration" – including the making available of an office and office services to a head of authority or deputy head of authority for his private needs, and including the making available of a vehicle for his use both for his private needs and for the purpose of the voluntary and unremunerated occupation.
Additional Occupation – Limitation on Application§
The provisions of section 15b shall not apply during the first six months of the term of office of a head of authority or a deputy head of authority in respect of a business or occupation in which he commenced engaging before the commencement of his term of office, except for the provisions of section 15b(c).
Acting Head of Authority in the Absence of a Deputy§
Where a deputy or deputies as referred to in section 14 have not been elected or have ceased to serve, or are absent from the country or are prevented from acting in place of the head of authority, one of the additional deputies as referred to in section 15, designated by the council for that purpose, shall act in place of the head of authority, and if there is no such deputy – a member of the council designated by the council for that purpose.
Delegation of Functions and Powers of Head of Authority§
A head of authority may, with the approval of the council, delegate any of his functions and powers to a deputy head of authority or to a member of the management committee as defined in the Municipal Corporations Ordinance or to an employee of the authority, all in general or in respect of a specific matter or a specific category of matters; the performance of the functions and the exercise of the powers as aforesaid shall not be conditional upon the payment of a salary.
Head of Authority Who Has Ceased to Be a Member of the Council§
A head of authority who has ceased to be a member of the council shall cease to hold office as head of authority.
Resignation§
Suspension by Reason of Indictment and the Committee for Examination of Suspension§
Forfeiture of Office and Suspension on Grounds of Moral Turpitude§
Removal from Office for Health Reasons§
Removal from Office on Grounds of Conduct§
Tenure of Head of Authority in Case of Appointment of a Council or Committee§
Where a committee or council has been appointed pursuant to sections 143 or 206 of the Municipalities Ordinance or section 38 of the Local Councils Ordinance to fulfil the functions of the head of authority and the council, the head of authority shall cease his tenure on the day on which the chairperson of the committee who was appointed or the head of authority elected by the council, as the case may be, commences service.
(Repealed — תיקון מס' 15, 1998)
Special Elections§
Election of Acting Head of Authority in an Election Year§
Where a head of authority ceases to serve for any one of the reasons listed in paragraphs (1) to (4) of section 24a(a), one year or less before the date of elections as referred to in section 3, the council shall elect a person to act in place of the head of authority from among its members pursuant to the provisions of section 26, and that person shall serve until the election of a head of authority at the said date of elections.
Special Elections in a Dwindling or Lagging Council§
Restriction in Case of Death of Head of Authority – Temporary Provision§
Where a head of authority has died before the commencement of his tenure or during his term of office, a head of authority shall be elected pursuant to the provisions of section 26.
Cessation of Deputy's Tenure§
A deputy head of authority shall cease his tenure if one of the following occurs:
Election by the Council of Head of Authority and His Deputies§
Head of Authority for an Interim Period§
So long as a head of authority has not commenced service pursuant to section 12, the person who held that office on the eve of the election day for the council shall serve as head of authority, and if he is unable to act or has ceased his tenure, or his tenure was forfeited after the elections – the deputy referred to in section 14, and in the absence of such a deputy or if he too is unable to act – the member of the council appointed for that purpose by the Minister.
Outgoing Head of Authority§
"outgoing head of authority" – any of the following:
"contract" – a contract pursuant to section 195 of the Municipalities Ordinance (hereinafter – the Ordinance), made without a decision of the council or pursuant to a decision of the council that was adopted after the head of authority became an outgoing head of authority.
Publication§
Application of the Elections (Propaganda Methods) Law§
The Elections (Propaganda Methods) Law, 5719-1959, shall apply, with the necessary modifications, also to elections for head of authority pursuant to section 3.
Amendment of the Municipalities Ordinance§
"(2) The council or the mayor no longer fulfil, in the opinion of the Minister, the functions imposed on them pursuant to the Ordinance or any other law, or are not properly administering its area of jurisdiction, and all this after the Minister has warned them;
Amendment of the Local Councils Ordinance§
"(2) The council or the head of the council no longer fulfil, in the opinion of the Minister, the functions imposed on them pursuant to the Ordinance or the establishment order or any other law, or are not properly administering its area of jurisdiction, and all this after the Minister has warned them;
Amendment of the Elections Law§
In the Elections Law –
Implementation and Regulations§
The Minister is responsible for the implementation of this Law and may make Regulations on any matter relating to its implementation and also, in consultation with the Minister for Internal Security, on any matter relating to the maintenance of order and the prevention of disturbance to voters, injury to proper voting proceedings and disruption of election proceedings, in a building in which a polling station is located.
Transitional Provision§
So long as a head of authority has not been elected in a given local authority pursuant to this Law, the powers and tenure of the head of authority and his deputies shall be as if this Law had not been enacted.
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חוק הרשויות המקומיות (בחירת ראש הרשות וסגניו וכהונתם), תשל"ה-1975
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