Questions and answers
Harbour boards in municipal self-government harbours
Responsibilities and powers of the local council
- The self-government port is an independent business managed by the municipal council of the municipality in question, section 9(1) of the Port Act.
- The local council has the overall responsibility for the port.
- The municipal council elects the port board.
- In exercising their powers, the municipal council and the port board shall safeguard the interests of the port, section 9(4) of the Port Act.
- The municipal council must, on the recommendation of the port board, approve the articles of association for the port, accounts, decisions on the raising of loans, and the appointment and dismissal of the port manager.
- The municipal council can introduce a veto right in the articles of association so that major transactions - such as the purchase and sale of land - require the prior approval of the municipality.
- The municipal council may adopt an ownership strategy for its ownership of the port.
Responsibilities and powers of the port board
- The port's management is handled by the port board.
- The port board is responsible to the municipal council for the operation and maintenance of the port, section 9(4) of the Port Act , and must ensure the overall and strategic operation and organization of the port's activities.
- The municipal council sets the overall financial framework for the port's operations, and the port board independently disposes of the port's fixed and operating assets within the established framework.
- The port must be operated so that its income at least covers its expenses.
- The Port Board recommends for approval by the municipal council decisions on the appointment and dismissal of the port's director (the port manager).
- The director (port manager) is responsible for the day-to-day management of the port.
- Remuneration regulated by the municipal wage board.
- The director must follow the guidelines and instructions of the port board.
- The port's daily administration is organized so that it is separate from the municipality's administration.
- The port's funds must be kept separate from those of the municipality.
- Decisions in relation to renting areas at the commercial port and lease contracts lie with the port itself and not with the municipal council.
- The municipal council member is generally not disqualified either in general or specifically in relation to board work in a municipal self-government portcf. section 3(1)(3) of the Danish Public Administration Act.
- However, in 5 typical cases, disqualification will generally be established.
- The municipal council must decide on the person's performance of his or her board duties,
- The municipal council must determine the remuneration of the company's board of directors
- The municipal council exercises supervision or control activities in relation to the company.
- There may be doubts as to whether the person in question will only safeguard objective, public interests in the local council's handling of the case or
- The local council and the company enter into private law contracts.
- Disqualification will generally occur in the municipal council.