200 million TL in tenders on the way out

In our previous article, we mentioned the tenders that Tuzla Municipality conducted extremely rapidly and in violation of regulations just before the elections. Unfortunately, many municipalities that sensed they would lose the election carried out numerous tenders in a similar manner. Another municipality that conducted such tenders, which are clearly in violation of regulations, is the Balıkesir Metropolitan Municipality. In this article, we will examine the tenders conducted by the Balıkesir Metropolitan Municipality before the elections.

Article 28 of the Metropolitan Municipality Law No. 5216, titled "Other provisions," stipulates that "The provisions of the Municipality Law and other relevant laws that are not contrary to this law shall also apply to metropolitan and district municipalities as appropriate," and it is decided that the Municipality Law No. 5393 can be applied.

Article 67 of Law No. 5393, titled "Multi-year service commitments," states;

"With the decision of the municipal council in the municipality, and the authorized body in the institutions affiliated with the municipality, services related to the maintenance and repair of parks, gardens, greenhouses, medians, sidewalks, and pools; vehicle rental, supervision, cleaning, security, and catering services; machinery-equipment maintenance and repair works; computer systems and switchboards and electronic information access services; health-related support services; fair, bazaar, and exhibition services; services related to dams, treatment, and solid waste facilities; channel maintenance and cleaning, infrastructure and asphalt construction and repair, traffic signaling and lighting maintenance, meter reading and meter removal-installation works; public transportation and transit services; and the operation of social facilities can be provided by third parties through tenders, provided that the duration does not exceed the end of the sixth month following the first local government general elections."

With the provision in question; first of all, it is permitted to issue tenders for certain services specific to municipalities (such as median and sidewalk maintenance, fairs and bazaars, treatment and solid waste, channel maintenance and cleaning, meter reading and removal-installation, public transportation, etc.) with the decision of the municipal council in municipalities and the authorized body in institutions affiliated with the municipality. While Law No. 4734 and Law No. 5018 allow for the tendering of more limited services in this regard, the Municipality Law allows for the tendering of different services, taking into account the duties of the municipalities.

As can be understood from the article provision above, a decision by the municipal council is required for multi-year service commitments.

As is known, newly elected MAYORS are required to prepare their strategic plans "within six months from the local government general elections" according to Article 41 of Law No. 5393.

Paragraph b of Article 18 of the Metropolitan Municipality Law No. 5216, titled "Duties and powers of the metropolitan mayor," states: "To manage the municipality in accordance with the strategic plan, to establish the institutional strategies of the municipal administration, to prepare and implement the budget in accordance with these strategies, to determine, monitor, and evaluate the performance criteria of municipal activities and personnel, and to submit reports regarding these to the council."

The purpose of Article 67 of Law No. 5393 is to allow the newly elected mayor to implement the 2024-2028 strategic plans, which establish the institutional strategies for the projects promised during the election period, along with the strategic plan management style they will introduce.

Article 5 of the Local Administrations Budget and Accounting Regulation, titled "Budget," states;

"The budget of the special provincial administration, municipality, affiliated administrations, and unions is a council decision that shows the revenue and expenditure estimates within the fiscal year and permits the collection of revenues and the making of expenditures.

In Article 30, titled "Budget decree and tables forming the budget";

"…

(3) Tables forming the budget;

h) Table (G) of Commitments Covering Multi-Year Commitments" provision is included.

The relationship between the strategic plan and the budget is realized through performance programs. Performance programs, which are integrated into the budget preparation process, help in the preparation of administrative budgets in line with the goals and objectives determined in the strategic plans.

In accordance with Article 67 of Law No. 5393, multi-year service commitments that require permission from the municipal council and commitments regarding projects that cannot be completed within the fiscal year included in the performance program must be included in Table (G) attached to the Budget Decree.

According to these legislative provisions, when examining whether the BALIKESİR METROPOLITAN MUNICIPALITY's tenders were "multi-year tenders" according to Article 67 of Law No. 5393, based on the local government elections held on 31.03.2024, the following table emerges.