CHAPTER II : Powers of the President of the Territorial Council

The president of the territorial council is the executive body of the local authority. He represents it. He prepares and executes the deliberations of the territorial council and the executive council. He chairs the executive council.

The President of the Territorial Council appoints members of the Territorial Council to sit on outside bodies in the cases and under the conditions laid down by the provisions governing these bodies. The fixing by the aforementioned provisions of the term of office assigned to these members does not prevent them from being replaced at any time, and for the remainder of that term, by a new appointment made in…

Subject to the provisions of Chapter III of this Title, the President of the Territorial Council is solely responsible for administration. He may, under his supervision and responsibility, delegate by decree part of his functions to the Vice-Presidents and, in the absence or impediment of the latter, to other members of the Executive Council. These delegations subsist until they are revoked. Unless otherwise provided for in the deliberation delegating powers,…

The President of the Territorial Council is the authorising officer for local authority expenditure and prescribes the execution of local authority revenue, subject to the specific provisions applicable to the collection of local authority tax revenue. He charges to the investment section capital expenditure relating to movable assets not included on the lists and of a value below a threshold set by order of the ministers in charge of finance,…

The President of the Territorial Council declared to be the de facto accounting officer by a final ruling of the Audit Judge shall be suspended from his capacity as authorising officer until he has received discharge for his management. In this case, the Territorial Council shall deliberate in order to entrust a Vice-President with the powers mentioned in article LO 6352-4. This function ends as soon as the President of…

The President of the Territorial Council and the Vice-Presidents are officers of the judicial police and civil registrars.

The president of the territorial council manages the local authority’s domain. In this capacity, he exercises the police powers relating to this management, in particular with regard to traffic on this estate.

The President of the Territorial Council is responsible, under the administrative control of the State representative, for exercising the police powers specific to the collectivity of Saint-Martin, in accordance with the provisions of Book II of Part Two. .

The representative of the State may, in the event that this has not been done by the President of the Territorial Council, and after formal notice has remained without result, exercise the powers devolved to the President of the Territorial Council in police matters by Articles LO 6352-7 and LO 6352-8.

By virtue of a deliberation of the Executive Council, the President of the Territorial Council brings actions and defends before the courts in the name of the community. He may, without prior authorisation of the Executive Council, perform any conservatory acts or acts interrupting forfeiture.