Questions
Port boards in municipal autonomous ports
Responsibilities and powers of the local council
- The self-government port is an independent company managed by the municipal council of the municipality in question, section 9(1) of the Port Act.
- The municipal council thus has overall responsibility for the port.
- The municipal council elects the port board.
- In exercising their powers, the municipal council and the port board must 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 board statutes for the port, accounts, decision on raising loans, employment 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 municipality's prior approval.
- The municipal council can adopt an ownership strategy for its ownership of the port.
Responsibilities and powers of the port board
- The management of the port 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 manages the port's construction and operating funds 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 employment and dismissal of the port director (the port manager).
- The director (port manager) handles the daily 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 accounted for separately from the municipality's.
- Decisions in relation to renting space 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 neither in general nor specifically in relation to board work in a municipal self-government port, cf. section 3(1)(3) of the Public Administration Act.
- However, in 5 typical cases, disqualification will generally be ruled.
- The municipal council must decide on the individual'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 doubt as to whether the municipal council's handling of the case will only safeguard objective, public interests or
- The municipal council and the company enter into private law contracts.
- Disqualification will generally occur in the municipal council.