Competencies, Jurisdiction and Duties

CIDES-VRC was established as a public consortium in the form of a public association, endowed with public-law legal personality and autarchic nature, in compliance with the rules and guidelines established by the Federal Constitution, by Federal Law No. 11.107, of April 6, 2005, by Decree No. 6.017, of January 17, 2007, and by pertinent municipal legislation.

This page gathers what the consortium can do, where it operates, and who is responsible for each decision. The duties described below are set out in the Bylaws, especially in its Chapter IV.

Legal basis

• Federal Constitution, art. 241 — authorizes the Union, the States, the Federal District and the Municipalities to regulate by law public consortiums and cooperation agreements;
• Federal Law No. 11.107/2005 — the Public Consortiums Law, which establishes general rules for contracting public consortiums;
• Decree No. 6.017/2007 — regulates Law No. 11.107/2005;
• Constitution of the State of Mato Grosso, art. 187, and Organic Laws of the member municipalities;
• Municipal authorizing laws, approved by the respective City Councils, which allowed each municipality to join the consortium;
• Bylaws and Protocol of Intentions of CIDES-VRC — the Bylaws are available in full at Consortium Bylaws and, together with resolutions, at Normative Acts.

Jurisdiction and area of coverage

The area of coverage of CIDES-VRC is formed by the entire municipal territories of the member municipalities, constituting a territorial unit for the purposes of the respective areas of action (art. 5 of the Bylaws).

In this area, the consortium adopts an integrated policy aimed at improving the population's quality of life, with its field of action covering urban and rural, economic, social and environmental development programs.

The consortium's headquarters and legal venue are located in the city of Cuiabá (art. 6 of the Bylaws); the political representation seat is located in the city hosting the Presidency. The list of municipalities that make up the area of coverage is available at Member Municipalities.

Competencies of the consortium

CIDES-VRC is responsible for representing the group of member municipalities in matters of common interest, planning and carrying out socioeconomic and environmental development actions for the region, promoting environmental preservation, carrying out works and providing services of common interest, and acquiring goods and equipment of interest to the members. The complete list of purposes is available at About Us.

To implement these actions, the consortium may enter into agreements with the Union, the States, the Municipalities and the Federal District, with governmental and non-governmental entities, national or international, with public and mixed-economy companies, and with parastatal entities (art. 8 of the Bylaws).

Duties of each body

The consortium's structure has five bodies (art. 9 of the Bylaws), and Chapter IV defines the responsibilities of each one.

General Assembly (art. 21)

The highest deliberative body, made up of the mayors of the member municipalities. It is responsible for:

• approving the consortium's strategic planning;
• defining asset and financial policies and approving investment programs;
• deliberating on any amendment to the Bylaws;
• approving the consortium's Normative Resolution;
• deliberating on the inclusion and exclusion of members;
• deliberating, as a final instance, on general matters of the consortium;
• approving the semi-annual activity report presented by the Executive Secretariat;
• reviewing the accounts of the previous fiscal year, submitted by the Presidency and the Executive Secretariat, with a prior opinion from the Fiscal Council;
• authorizing changes to the consortium's assets and the provision of guarantees in credit operations;
• approving the request for staff from public agencies or private companies to serve the consortium;
• approving the hiring of employees proposed by the Executive Secretariat;
• deliberating on the removal of the Executive Secretary and members of the Fiscal Council.

Other competencies may be established in a normative resolution approved by the Assembly itself.

Presidency (art. 22)

The President of the Executive Board is responsible for:

• convening and presiding over meetings and assemblies;
• representing the consortium, both actively and passively, judicially and extrajudicially, being able to sign agreements, technical cooperation and financial support agreements, and appoint attorneys-in-fact;
• rendering accounts to the public or private entity granting aid and subsidies received and, especially, to the Court of Auditors of the State of Mato Grosso (TCE-MT), pursuant to the sole paragraph of art. 9 of Law No. 11.107/2005;
• forwarding to the member institutions — and, in the case of municipalities, also to the City Councils — suggestions for changes to contributions;
• swearing in members of the Fiscal Council and the Executive Secretary;
• managing the consortium's bank accounts and funds jointly with the Executive Secretary.

Only the mayor of one of the member municipalities may preside over the consortium, with a two-year term.

Fiscal Council (art. 23)

• permanently overseeing the consortium's accounting;
• monitoring and overseeing, whenever deemed appropriate, any economic or financial operations;
• issuing opinions on budget proposals, balance sheets and general account reports, to be sent to the Assembly by the Executive Secretariat.

Executive Secretary (art. 24)

• carrying out the decisions made by the General Assembly;
• providing the Assembly and the Fiscal Council with all requested information;
• organizing and managing the work of the Administrative Support Group;
• being responsible for the technical and administrative operation of the consortium;
• proposing to the Assembly the request for staff from public and private companies;
• promoting and supervising the hiring of third-party services;
• proposing and implementing agreements and other forms of relationships with public agencies, private companies and non-governmental organizations, national and international;
• preparing the semi-annual activity report to be presented to the Assembly;
• promoting fundraising actions and authorizing purchases within the limits of the approved budget;
• managing the consortium's bank accounts and funds jointly with the Presidency;
• preparing the accountability report on the use of aid and subsidies granted to the consortium, after approval by the Fiscal Council;
• authenticating the minutes and registry books;
• publishing the consortium's financial statement annually, in a newspaper, reviewed by the Fiscal Council and approved at the General Assembly;
• endorsing the strategic planning prepared by the planning coordination.

Executive Secretariat (art. 25)

• preparing the consortium's Action Plan;
• preparing specific projects according to the need presented;
• proposing specific development actions for the various member municipalities;
• consolidating around the consortium the environmental programs developed in the municipalities, seeking unified planning;
• proposing, preparing and integrating projects, programs and actions of common interest to the members.

Administrative Support Group (art. 26)

• being responsible for the maintenance and integrity of the physical facilities and the consortium's assets;
• guiding and supervising service providers and administrative staff;
• being responsible for internal, daily and routine tasks;
• supporting the development of the Executive Secretariat's activities;
• acting as secretary for meetings, preparing agendas, drafting and transcribing minutes, and arranging payments, forwarding accounting documents to the accountant;
• preparing trial balances for review by the Fiscal Council.

Terms of office and elections

The term of office of those elected as President, Vice-Presidents and Council Members is two years, renewable for equal periods through election. Except in exceptional circumstances, it begins on January 1 and ends with the fiscal year, on December 31. The accumulation of functions on the councils and on the board is prohibited (art. 27).

Elections take place at a specially convened General Assembly, preferably in the month before the end of the current terms, by declared vote — voting by proxy or by mail is not permitted — and the exercise of the vote depends on the municipality being current with its ordinary contribution. Where there is consensus, decisions may be made by acclamation (arts. 28 and 29).

Assets and financial resources

The consortium's assets are formed, among other sources (art. 30):

• by the ordinary contributions of the member municipalities, set between 0.2% and 5.0% of each municipality's FPM, authorized by law by the respective City Councils and provided for in the Annual Budget Law, in accordance with art. 8 of Law No. 11.107/2005 and Decree No. 6.017/2007;
• by the extraordinary contributions of the member municipalities;
• by contributions from governmental and non-governmental organizations, national and international, public companies, mixed-economy companies and parastatal entities;
• by resources allocated in the state and federal budgets or resulting from agreements;
• by proceeds from credit operations and the results of financial investments;
• by its own revenue as a service provider;
• by the assets and rights belonging to it and by subsidies, inheritances, bequests and donations.

No consortium asset may be disposed of without express authorization from the General Assembly (art. 31). Each member municipality may make available to the consortium assets from its holdings and services from its administration for common use (art. 32).

Oversight and accountability

CIDES-VRC's accounts are submitted to the Court of Auditors of the State of Mato Grosso (TCE-MT), in accordance with the sole paragraph of art. 9 of Law No. 11.107/2005, and reviewed by the General Assembly with a prior opinion from the Fiscal Council. The financial statement is published annually.

• Fiscal Reports — RREO, RGF and monthly trial balances;
• Accountability — general balance sheet, management report, budget and judgment of accounts by TCE-MT;
• Transparency Portal — revenues, expenses, contracts and bidding processes;
• Ombudsman's Office and e-SIC — for complaints, reports and requests for access to information.