THE METROPOLITAN ADMINISTRATION IN TURKEY Ruşen KELEŞ * Urbanization Updated Turkey is a rapidy urbanizing country. Almost half of the population (45.4 %) 1ives in towns. The figure 45.4 has been found by counting places with a population of 10000 and above as urban. In the last 25 years, the average annual increase in urban popula tion has been 6.5 %. The fact that the section of the population employed in seetors outside agrioulture has risen only from 23.6 % to 44 % between 1955-80, and that the ratio of the population employed in the manufaoturing industry has reached 15.2 % taday seems to justify this rapid urbanization only to a certain degree. One of the basic characteristics of the urbanization in our country is the concentration of the population in inereasing propor tions İn the largest towns, not in medium-sized cities. In other words, the population concentration in metropoliıtan areas has the effect of reducing the weight of small areas in the settlernent struoture. The second feature of rapid urbanization İs that it increases the already existing imbalanee between regions. Since most of our metropolises are gathered in the West, Ithe spread effects of growth on the Eastern part of Tur.key are so small as to be neglected. Mareaver, the core of large towns has a very powerful deteriorating impact on sman settlernent unİ'ts surrounding the core. Huge differences exist in terms of income levels, urbanization rates, development potentials and Hving standards among the geogra phicaI regions. * Prof. Dr., Facu1ty Member, University of Ankara, Facu1ty of Political Sdences, Chairman, Urbanization and Environmental Problems Depart ment. 92 TURKISH PUBLle ADMINISTRATION ANNUAL In the third place, dt rnay be said thalt the imbalances observ,ed between urban and rural areas and within towns are not any less important than the regional ones in urbanisatian. Villages are not only ıthe places where the average income per family is much lower than that in towns, but also settlements that have to be satisfied with rnuch lower criteria than towns as far as public services are concerned. The contradictions in the inner structure of towns are seen dearly in the slum areas of large towns. According to official estimates, 6 'million people live in about 1.5 millian shanty houses (gecekondu) in Turkey, which is one fourth of the urban popula tion of the country. Theyare the poorest families of these centers living in poverty and contradiotions. TABLE ı The Share of Urban Groups in the Urban Population 1950 Size of Groups 20000 10000 20000 50000 50000 100000 100000 500000 500000-1000000 over 1000000 1980 No. of Share in Urban No. of Share in Urban Towns Population Towns Population 61 30 6 4 1 O 98 22.9 23.2 10.1 19.3 25.3 O 100.0 160 99 32 25 1 3 320 10.8 15.2 17.0 24.1 2.8 36.4 100.0 The Need for a Metropolitan Administration The concentration of the population and of the activiıties in large towns at an ever greater rate has also led to the ernergence of a multitude of smaIl agglomeraıtions around towns like İstan bul and İzmir. Highly compHeated interre1ations of a social, economic, administrative and political nature have naturally arisen between the periphery and the municipality in ıthe center. These small settlements can neither benefit fully from the service s provided by the :municipality in the center, nar can be forced to pay for those theyare able to utilize. Hence, it looks as if they METROPOLITAN ADMINISTRATION IN TURKEY 93 have been forced to be satisfied with lower standards, primarily because, on ,economic grounds, prov,ision of urban s erv,ice s by more than one municipality leads to a waste of resources in these setttements which are economically and physically inseparably connected to the municipality of the core. In addition, a sİtuation contrary to the principle of ,the indivisibility of public services is thus created. Secondly each public service can be supplied efficiently only if it is carried out at the appropriate leveI of administration. For same of them :the Iocal, for same others the regional, and for some stiıı others the national stage is more economical and more convenient. An attempt to perform all the public servİces İn each smaIl loeal government unit can only resulıt İn absolute ill~manage· ment. Services such as transportatİon, housing and sewage ean hardly be provided by a certaİn admİnistrative institutian without cooperation with other administrativ,e ranks. Electricity generatian and distribution have now been centralized all over the world. On the other hand, playgrounds, parks, land use management, the maintenance and eleaning of streets and similar services can be performed satisfactorily at ıthe Iocal level. Fire fighting is a service which ;İs not expected to be handled by each and every small municipa1ity in a metropolisı nar can it be left to the national organizations. N~t, the system of income appropr.iation for local govern~ in a metropolitan area should be so flexible as to let the larger towns to receive a greater share of the incomes raised by centers than small Iocal government units because .the needs of large units are incomparably greater than those of smal1 towns. ınents Finally, metropolises have not acquired their characteristics of ,their own accord. It is the socio-economic policies followed by the nation itself that maıke them grow out of proportion.1 The unbalanced regionaI development and the exjstence of v,ery large towns are c10sely related to poLicies of ,this kind, for they stimuIate the towns on the top to get even larger. I t is all these factors which make the estabHshment and development of specific managerial ı Ruşen Keleş, Kentlleşme ve Konut Politikası, SBF, Ankara, 1984. TURKISH PUBLlC ADMINISTRATION ANNUAL 94 farrnations in metropolitan loealities essential in all the countries of similar stnıcture. Metropolitan Management Models There are essentially two main models of management for metropolises. Those in the first set are temporary, small in size and with relatively limited tasks. 2 Examples of the models in this group are inter-governmental and contraotual service arrangements, local government unions and metropolitan institutions of special purpose. lnter-governmental service contracts have the advantages of preventing the misuse of resourees, eliminating the need for the foundation of special purpose unİts and contributing to the maintenance of the legal integrity and autonomy of local govern menıts. But conflicts of interest among local communities, in rendering these contracts binding for all the parties the necessity thaıt the contracts have to be restricted period of time, ;and finally, their heing unsuitable supervision constitute the main shorteomings of these difficulties concerned, to a short for public contracts. Since !the independent will and motives of a member local government unit is a precondition to the establishment of a union among such governments themselves, this model may not be considered Ht to produce radical achievements for the metropolitan entity as a whole. However, the main advantage of forming unions is ,keeping the legalentity and autonomy of loeal unhs intact. Unificaıtion at the same time, strengthens the sense of self-confidence and habits of cooperation in local eommuni!ties. Specifically metropolitan institutions such as the New York Port Authority are generally designed to accomplish a single task. They have an advantage which enables them to supply a given urhan service to the whole of a m,etropolitan area. In spite of this, the difficulty of estahlishing a public control meehanism over 2 Annmarie Hauak Walsh, The Urban Challenge to Govenunent, New York, 1969. Praegeı-. METROPOLITAN ADMINISTRATION IN TURKEY 95 them, their being not conducive to participative management, and their relative independence from the planning and resource allocation mechanisms of the central government may be listed among the disadvantages of this method. One of ,the models in the second set works through the amalgamation of loeal government units, and the other is based on their forming federations among themselves. The main advantage of amaIgamating several Ioeal units, whether it oceurs by the force of law or as a result of free choice, is that it makes it possible to determine the boundaries of the constituent entities of the amalgamation more rationally, and thus it improves the eHicleney of public services. As a negaıtive point, it may well be thought that this method is not consistent with the principle of the autonomy of local go vernment s , especially when the federation is formed by law. Last of all, there are many advantages of bringing together various Ioeal government units under the roof of a federation. Foremost, İn so doing, public services may be carried out more ef.fectively, uneontrolled urbanization and disorderly functioning of public works may be prevented, and coordination may be obtained among publie activities within the new system of boundar.ies drawn most rationally and suitably. Besides, as a result of such an arragement, certain principles of democracy, e.g. autoncmy and participation at the local level, ean also be strengthened.3 Below we will be elaboring to evaluate Turkey's experiences in various models of metropolitan management, including the recent realizations İn this field, in terms of eHiency and participa tion mentioned above. Historical Review in Short The Ottoman Period The Ottoman Turkey took lts form of municipal government from the Western eountries after Tanzimat, the political reforms 3 Ali Eke, Anakent Yönetimi ve Yönetimlerarası İlişkiler, SBF, Ankara, 1982. A.F. Leemans, Changing Patterns of Local Government, IULA, The Hague, 1970. TURKISH PUBLlC ADMINISTRATION ANNUAL 96 undertaken by Sultan AbdüI,mecid tİn the first half of the 20th century. The very first municipal organisat,ion was formed in İs tanbul İn the year 1855. lıt was headed by Şehremiıli, a person appointed by the central government. The municipal council (Şehir Meclisi) was made up of 12 members appointed by the central government. It was deemed appropriate to make the appointments for this council from among the well-'known and respectable members of the guilds of artisans. The rapid growth of İstanbul made it necassary to form a of district (İ1çe)municipality to deal with urban service s in the districts of Galata and Beyoğlu. it was cal1ed Altıncı Daire-i Belediye (The Sixth Municipal Office). At the head of the office was a chief (Daire Müdürü) also appointed by the central govern ment. Municipal ac1tivities werıe carried out by a municipal council made up of seven members (Daire-i Belediye Meclisi) besides the Daire Müdürü. These seven members were also appointed by the central government. In order to be eHgible to Daire-i Belediye Mec lisi as a member, a person was required to own irremovable property in that area and to have lived in İstanbul at least 10 years. What is remarkable is that the official language of this municipality was not Turkish, but French. ıtype A regulation dated 1869 (Der Saadet İdare-i Belediye Nizam namesi) developed the model outlined above, and extended its geographical scope to indııde the whole metropolitan area. According to its new version, a loeal government having a two stage federal strueıture was formed for İstanbuL. At the lower level were 14 district municipalities responsible for the local governe ment of various districts. Each had a municipal council (Daire Meclisi) and a director (Daire Reisi). However, now the members of the council 'were to be elected for a period of ttwo years, instead of being appointed. Only the chief was to be chosen from among the council members by the central government.4 At the upper level, on the other hand, ıthere was ametropoHtan assembly (Cemiyet-i Umumiye). Moreover, there existed a com mittee (Şehremaneti Meclisi), who was held responsible for the 4 Ruşen Keleş, 1983, pp. 3942. FehIni Yavuz, Yerel Yönetimler, Turhan Kitabevi, Ankara, METROPOLITAN ADMINISTRATION IN TURKEY 97 admİnİstratİon of the municipaliıty, and a chief (Şehreınini). The members of the metropolitan assembly were made up of the chi-efs of the 14 dİstrict municipalities and of the three members of each distriotmunicipal board eleeted from among the council rneınbers by themselves. The total number of the memhers of Ce miyet-i Umumiye was 57 including Şehremini who was to chair the meetings of the assembly as welL. The members of Şehremaneti Meclisi, assuming the functions of a committee, were appointed by the central government. In 1876 the number of district municipalities within the same metropolitan area was raised from 14 ıto 20. The aim was to adjust the adminİstrative strueture to the new requirements created by urbanİzation and growth. In 1912, a staıtute abolished the district municipalities of which the municipal councils were made up of elected members. The district municipalities were replaced by 9 Municipal Branch Directorates (Belediye Şube Müdürlüğü) which had no corporate status and no council of elected members. Thİs centralized structure contİnued iıts existenee until the passing of the first Municipal Law in 1930 after the foundation of the Republic. The Republic Period The Period of 1930-60 : The Municipal Law number 1580, datt:d 1930, brought a new form of adm.inistration to İstanbuL. In short, by means of this law, İstanbul Municipality was joined to the Special Admİnistration of İstanbul Provinee. At the head of this joint administration was a governor, appoinıted by the central governmen t, and serving as mayor of İstanbul as well. T'he İstan bul Ioint Adminİstration had an assembly consisting of members elected by the people, and a standing commiutee (EncÜlnen) part of the members of which were elected and part were appointed. This form of management continued to exist until 1956. From then on, both the municipality and the special provincial admini stration were granted the right to possess elected assemblies separately as İn the municipal organisations of the other tovros of the coun try . The Period of 1960-80: Artiele no. 116 of the Constitution of 1961 prescribed that the decision-making organs of local govern ments should be elected. Although mayors are not the general 98 TURKISH PUBLlC ADMINISTRATlON ANNUAL decisİon - making organs but only the executive ones of municipali ties, which means their appointment by the central government is legally possible, central governments seldom use this power to appoint mayors; to give an example, only once the mayor of İstan bul was appointed for three years between 1960-64. The rule is that the mayor should be elected. The election of the members of the municipal council, on the other hand, is a consrtitutional obligation. The constitution of 1961 was not suitable for the formation of metropolitan governments cOIl!taining several Ioeal government units. Thus, during 1960-80, only a fewmunicipa1ities attempted ta amalgamate in order to fulfil their tas.ks beNer. It is obvious that these unions formed to perform certain functions separately do not resemble meıtropolitan administrations hecause the latter are usually held responsible for the totality of the public services within their specific areas. Although a number of draft bills were prepared in this period ta reshape the form and method of adminisıtration with the purpose of inereasing the effectiveness of management, none of them had the opportunity of becoming a law. However, the constant need for a be1Jter organization in İstanbul, İzmir and the like was often stated in the Development 'Plans and the documents of reorganisation studies. Parallel to this, beginning in rthe early 1960s the cabinet established Metropolitan Planning Bureaus, in towns like İstan buL, İzmir and Ankara, to havemaster plans of these areas prepared. These bureaus were directly attached to ıthe Ministry of Public Works and Resettlement, and their number had reached 10 just before 1980. The absence of an institutional setup pertaining ·to the whole of a metropolitan area, equipped with sufficient power in administrative, legal and planning spheres, and alsa with authority that would enable it to supervise land use, to put an end to the fragmentation of land .in a disorderly manner, and to check unhealty urbanisation, foreed certain large municipalities to refer to the power granted to them by Artiele 47 of the Construction Act. With the aid of this provision whicb empowers municipa1İties METROPOLITAN ADMINISTRATION IN TURKEY 99 to be involved in certain activiıties in the neighboring areas outside the municipal boundary,municipalities tried to have some control over the developments outside their boundaries. Undoubtedly, such an opportuni,ty could serve no further purpose than the better performance of an urban function, that is, the planning function. Similarly, a change made in 1972 in the Construction Act gaye governors the authority to supervise construction activities, in particular those along the seashore, lying outside the municipality. Lastly, the government decree prepared in 1972 for the institution of an Inter-Ministral Board for Public Works and Coordination offered a possibility for having coor.dination among various construction activities going on in metropoliıtan areas, and for solving the problems of large towns bymethods suitable for metropolises. The aim of this Board was to conserve the natural and historical values of cities !ike İstanbul, Ankara and İzmir; to coordinate the decisions and measures concerned withplanning, execution and investments in the field of settlement and transporta tion; and to make ,the necassary preparations for the foundation of a metropolitan adıninistration. This Board has eight members, all of whom are ministers. it is headed by the Minister of Construction and Resevtlement. All these undertakings may be evaluated as attempts to put physical developments in metropolitan areas under control and to have an orderly urbanisation Jn a period when metropolitan administrations were lacking. The Period of 1980-83: The 3 year period between 1980-83 is one in which we observe some radical transfonnations in the n1etropolises right after amilitary coup d'etat in the political life of our nation. Thechanges thereupon feature as important steps in the direction of estabHshing specific government bodies in metropolitan areas. The very first undertaking was the abolition of the corporate status of (the' sman Iocal governments. Furthermore, these settIe ments were annexed to the nei.ghbouring municipalities. This arrangement was made by the National Security Council's decision number 34 with' the purpose ofdecreasing the number of smaIl government uniıts. The underlying idea is stated in the above 100 TURKISH PUBLlE ADMINISTRATION ANNUAL mentioned decision as follows: «The municipa1ities which have come into existence in the vicinity of large cities as a result of the rapid growth of population and the internal migraıtian from rural to the urban region s of Turkeyare not ahle to carry services such aS electricity, water; sewerage and transportatian adequaıtely to the people or to control them properly. The annexation of such municipaIities around large towns to ıth e main municipalities under the coordination and command of the Martial Law Com manders will be made possible in the shortest possible time and wi thin the fram-eworık of a plan.» As a result ofcthe ıirnplen:ıentation of :this de.çision, the number of municipa1ities in Turkey werit qown from 1700 in 1980 to 1580 in 1981.' At the sa:me time the cOrPorate status of around 150 villages were abalished. Most of these were situaıted near the major metropolises. As thisdecion was implemented diHerently by the military authorities, in December 1981 law no. 2361 (the Law of Annexation) was passed. The administraıtive organisatian in metropolitan areas was rearranged by this law. The purpose of law no. 2561 was summed up in Artiele las follows: «T-o have the fundamental metropolitan services such as energy, water for all uses, sewage, transportatian and public works provided \viıthin an integrating plan efficiently and sufficiently and in such a \vay that the servkes are in harmony with one anather.» ActuaUyl the real purpose was to annex these sman unİıts t() the larger ones in order that the loeal public seı"Vices might be provided İn a more effectiye way. This rearrangement covered only 8 towns because it eoncerned the towns with a population of 300 000 and above and the settle ments in their neighbourhood. These were munioipalities of İstan bul, Ankara, İzmir, Adana, Bursa, Gaziantep, Konya and Eskişehir. In addition to the criterion of population in determining ınetropolitan areas, the following factors were also to be taken into consideration: the distance of the settlement to be annexed from the mıetropolis, the faciJhy of bringing the services of the central municipality to these locations, the possibility of annexing the small settlements to the large municipalities physicalIy. It was accepted -that after the annexation, the old municipali. Hes of which the eorporate status were to be abalishedı would METROPOLITAN ADMINISTRATION IN TURKEY 101 become eiıther «branch municipa1ities»or «town quarters». The oJd villages, as a pr,inciple, were given the status of tov:n quarters. However, for a group of villages it was possible to join the m,etropolis as a branch municipality depending on their population, distance and form of setJtlement. The ultimate authority to decide On the annexation was to be the Council of Ministers, though the proposals could be made by goyernors a6ter consulting with municipalities, the authorized nıembers of the Martial Lawand the authorized organs of municipalities to the Ministry of Interior AfIairs. The proposals of governors conceming the legal status, be it a branch municipality or town quarter, together with the opinion of the Ministry of Public Works and Resettlement, became the major tactors to be considered in the annexation of the units. Between 1981-83, 31 municipalities and 23 viIIage s lost their !egal enıtities as a result of this law, and their elected organs ceased to exist. Could this be done according to the Constitution of 1961 ? Did putting and end to the functioning of elected organs not require a judicial decision? Similar questions ·may well be asked. But, the problem has been solved from the perspective of positive law, for in the Law Concerning the Constitutional Order there \vas a special provision stating that in the event the decisions ta'ken and the Iaws passed by the Nationa1 SecurHy Council proved to be in conflict with the laws in effect then they WQuld be considered as having amended the constitution and .the relaıted laws. However, what was done was no doubt a departure from the traditional principle of local autonomy from apolitical point of view. But it must be .kept in mind that in this arrangement by the military government factors such as national, securiıty played a certain role along with the desire to provide effectiv,c Iocal governments in rnetropolises. The Water and Sewerage Adminİstration for İstanhul (isKİ), (law no. 2560), estabHshed in 1981, was enıtrusted with the following tasks: ı. to m,eet the de'mand forwater of the dty, to distribute the water and to undeııtake all the necassary research, and to prepare the projects connected with the water service, 2. to coHect the used water and niin water and to have them carried away fronı the places of residence,3. to prevent water poIlution and wastage, 102 TURKISH PUBLlG ADMINISTRATION ANNUAL 4. to performall the services related to the water and sewage works of the municipalities within the, metropolitan area. Although tSKt's area of service has been limited by the boundaries of ıthe Muni cipality of tstanbul, a cahinet decision has made it possible for İSK! to include the municipalities and vHlages around tstanbul as well within its service area. This special metropolitan im~titution was establ'ished in 1981 independently of the Municipa1ity of İstanbuL. But as a sensequence of the democratization attempts of the government estabHshed in 1983, it was joined to the Munioipality of İstanbul İn 1984. The sources of income of the Water and Sewerage Admini stration of İstanbul aııe the foııowing: 1. the 'money to be obtained from the sale of water and from the disposal of used water, 2. the fees paid by the ciıtizens .who make use of the services provided by this institution, 3. °4 10 of the share of the Municipality of İstanbul in the general tax reeeipts from the General Budget. Metropolitan Admtnistratio11:s Today (ı 984 and after) The Constitution and the Legal Situation For the first time in Turkish history, in the CODstitution of 1982 in Antiel,e 127, there is the provisioıı «special administrative arrangements may be introdueed' for larger urban areas.» This provision, no doubt, is a response to the need which has been felt for the last 25 years to have special administiations form,ed in metropolises. Previously, the consütuNons ,in effect had constituted an obstade to the formation of such administrations. Towards the end of 1983 after the foundation of the new government, law rıO. 2972 (January 1984) conceming Local Elections provided for the formation of a ınetropolitan council in any province which had more than one district within central municipal boundaries, and of district municipal councils in districts. The sam'e law brought into effect the principle of the election of separate mayors for the metropolitan and distrlct municipa1ities. There were 3 towns in 1984 whichfitted into the above circumstances: İstanbul, Ankara and İzmir. They had, respectively, 14, 5 and 3 districts. According to the law any town with more .than one district within its boundaries would have the right to the status metropolis. As a principle, the metropolitan of METROPOLITAN ADMINISTRATION IN TURKEY 103 admİnİstratİon is not meant to replace the special provincial administration. These administrations will continue to exist in metropolises. After the law on local elections was passed, the matter was regulated in March 1984 by a cabinet decree having force of law (no. 195). Lat,er on, in July 1984, law no. 3030 concerned with the admİnİstrative framework of Metropolitan Municipa1ities, was enacted. The regulation concerning ıthe implementation of law no. 3030 was put into effect in December 1984. Local Publle Servİees in Metropolises All these arrangements led to the division of the ıocal public services into two major sections, one of whİch were ıto be perfor~ med by metropolitan municipalities, and the other by those of dİstricts. 1. The duties of metropolitan municipaHties cover searching for investment and finance for local services, planning in general, constuction, maintenance and repair of roads, protection against pollution and other conservation activities, building parks and other recreational areas, provision of social and economic 'services. A somewhat detailed list of the servioes at the metropolitan level is given below: - to prepare investment plans and programs for the metropolis; to discover and supply those service s which can be realize d by means of new investments, and the way to finance them. - to draw up master plans of the metropolis; to have them approved and implemented; to approve, and control the imple mentation of the plans of district municipaHties dra,vn up by themselvıes in conformity with the metropolitan plans. . to build squares, boulevards, streets andrnain roads, and to have them kept intact; to function in accordance with the authorities granted to municİpalities by traffic laws; to have transport terminals, multi-storey parking lots built, and ıto operatıe them; to assign names and numbers to squares, roads, streets and the bui1dings. TURKISH PUBLtC ADMINISTRATION ANNUAL 104 - to provide for environmental health, to prevent the of commercial or industrial enterprises detrimental to human health and welfare; to specify the spots for the collection of garbage and indus'trial wastage, to estabHsh facilities necassary for their destruetion; to set up laboratories for testing foad and beverages for heaı'th purposes; to determine areas for cemeteries and to have .ıhem run. establishmıent - to conduct serviees such as water, sewerage, coalgas, central heating and public transportatian. - to arrange green areas, parks and playgrounds, to provide cultural and social services, to esıtablish sports, vecreation and res ting areas. - to establish ,marıketplaces and slaughterhouses for whole salers and to operate them. - to supervjse the functioning of municipal police, fire e}Ctinguishing; to fixi the plaees where plants for the production of explosives and storehouses for explosives will be built. - to serve as mediatar in the disputes between d~strict muni cipalities and to provide coordination between the activities of the municipal police force and other serviees. 2. District municipa1ities are entrust,ed with the following ıtasks: - those tasks which although jncluded among the tasks of municipa1ities in the municipal laware not entrusted to the metropolhan municipality; tasks Hke building parks, playgrounds, green areas, providing cultural activities, ıestablishing marketplaces and slaughterhouses for \vholesalers are public services that can be performed by district municipalities. Metropolhan municipalities have to earry out their tasks in a balanced manner \vitlı respect to the district municipalities within their boundaries. For this reason, they have to ıtake into considera tion 1. the financialand technical vesourees, 2. the size of popula tion, 3. the size of the area to be served. Part of the tasks entrusted to district municipalities may be condıicted by the metropolitan municipality in close cooperation with the former, provided that 1. this is demanded by the district municipality, 2. the tasks are METROPOLITAN ADMINISTRATION IN TURKEY 105 paid for by the same organisation, and 3. the municipal council of the metropolis has given its permission. The services of two kinds of coordination organisatians are made availablıe to the metropolitan administrations. Theyare concerned with the fulfilment of certain services deem,ed important on the metropolitan scale. Their meetings are chair1ed by the mayor of the metropolis. One of them is called the Infrastructure Coordination Organisation. !ts tasks is to bring together the infrastructure inv1estment programs in the metropolis within the framework of national socio-economic development plans and programs. The other one is called the Transportation Coordination Organisation, whose task is to determine the main routes of mass transportation, their schedules and to control whether its regulations are 'İn fact carried out. The laws and regulations in effect allow the Ministry of Finance to allot pubHc lots to metropolitan municipalities and district municipalities for the provision of services, e.g. playgrounds, green areas and parks, specified in ıthe construction plans of towns. The Organs of the Metropolitan Administratlon The Metropolitan Council council İs made up of the mayor of the mayors of the distriot municipalities, and one fifth of the members of the district municipal councils. It is constituted for five years. The members of this council keep their positions in the district municipal counciL. The members of the council who are directly elected by people are members of only district municipal councils. The metropolitan council meets 3 times a year, in November, March and July, for periods long enough to discuss the items on the agenda. The n1ıetropolitan nıetropolis, The Metropolitan Standing Committee i ts meetings are chaired by the mayor of the metropolis. The m,embers of the committee are the General Secretary of the metropolis and heads of service unİıts such as construction, law, accounting, personnel management. The law requires the Director of Public Works to take part in the committee. 106 TURKISH PUBLlC ADMINISTRATION ANNUAl The Mayor of the Metropolis The mayor of the metropolis, like district mayors, is elected directly by people for a period of five years. He İs responsible for not only the performance of the duties assigned to him by law, but also the coordination of the services of district municipalities. All the decisions of the metropoHtan council and of the district municipal councils are sent to the nıayor of the metropolis so that he can proclaim his view. H,e has the right to ask the councils concerned to review their decisions. The councils with a 2/3 majoriıty may insist on their former decisions. In this case, the decisions taken by the councils become valid. The mayor of the metropolis represents the corporate entity of themetropolis, implements the decisions taken by ,the council, and in exceptional situations acts as the representative of the central government. The metropolitan council elects adeputy mayor from among its members at its first meeting. The deputy mayor chairs the meetings the mayor is absent from. The General Secretary in the municipalities of metropolises helps the nıayor, and in his name and under his responsibility fulfils the functions of the mayor. He is appointed upon the proposal of the mayor of the metropolis by the Minister of Interior Affairs. The Metropo1itan Munlcipalities' Sources of Income The major income sources are as follows: 1. The shares determined by the Council of Minister~ to be deducted from the shares given to diSltrict municipalities as required by a special law from the General Budget tax receipts. The council reached a decision on ~he amounts of these shares in 1984 to the effect thalt 30 % of these would be utilized in 1984 and 1985 each, and 35 % in 1986 and 1987 each. Consequently, the parts left to the district municipalities were reduced to 70 % for 1984 and 1985, and 65 % for 1986 and 1987. 2. The 5 % share from ıthe General Budget tax collection within the boundarİ>es of large town municipalities which is calculated by the State Income Accountancy and which has to be METROPOLITAN ADMINISTRATION IN TURKEY 107 invested in the related, metropoHtan municipality by the end of the following month. This share was 10 % in Decree having force of law no. 195; it was raised to 3 % by Law no. 3030, and to 5 % by the Council of Ministers who based their decision on the same law in AprH 1985. (The Council of Ministers Deoision no. 85/9382, The Official Gaze1tte, dat,ed Apıil 27, 1985, no. 18737). 3. 50 % of the Electricity and Coalgas Consumption Tax and of the Cleaning and nlumination fee, which are collected according to the principles and ratiosset in Municipal Incomes Law (2464) on the condition thaıt the services will be provided by the metro polİtan municipality. 4. On the condition that the services are provided by the metropolitan municipality, ıthe shares for participation in water and sewage expenditures which will be collected according to the rates and principles set in the Municipal Incomes Law. 5. The shares that will be received according to the raıtes determined by the metropolitan municipality from the contribu tions of public administration institutions, income from Internal and External debts, bonds and donations, revenue from real estate and movable property, money received in return for services rendered. According to Law no. 3004 which empowers the central govern· ment to give shar,es from its own i nconı e, 10 % of the tax incomes is allotted to municipalities. 80 % of this amount is allocated to municipalities outside metropolises Hke Ankara, İstanbul and iz mir, on the basis of their populations. The remainder is called the Municipalities Fund, and is used to meet the expenditures on maps, construction plans, all kinds of investments, infrastructure and projects in all municipalities ,including metropolises. What must not b~ forgotten is that 6 % of money can be used for the preserv ation and development of the natural beauties of both sides of the Bosphorus, and ,it will be allotted to the İstanbul Bosphorous Construction Direotorate, which has been established particular1y to realize this aim. Another source has been provided for the fulfilment of the water and sewerage services in İstanbuL, This is iSKi, ametro politan institution of special purpose, established to operate water 108 TUl!k.ISH PUBLIe ADMINISTRATlON ANNUAL and sewerage services in all partsof the metropolitan area. In conformity with the law by which İSKİ was established, İSKİ receives 10 % of the 80 % share granted to ıthe municipalities in the metropolitan area, and based on the principle of population. The budget of this institution, for instance, for 1985 is 94 billion TL 'which is almosıt equaI to the budget of the metropolitan muni cipality of İstanbuL. The budgets of .metropolitan municipalitics became definite after they have been approved by municipal councils and adopted by the governor. In the same manner, the budg,ets of district muni cipalities come into effect by the approval of the governor after they have been examined with respect to the integration of the service s and investments in the metropolitan area. Local Autonomy and Administrative Tutelage In Tu~key, neHher ıthe metropolitan administrations nor the local government units can be considered completely autonomous. They are dependent on the central gov'crnment with respect to administration, both poHtically and financiaIlyo Although according to Artiele 127 of the Constitution the disputes concerning the acquisition and loss of membership for the organs of local govern ments ıthat havıe come .into po\ver by election should be resolved by judicial power, as a temporary measure, the Minister of Interior Affairs may remove from office local governments, their organs of this kind and dis.miss the members of these organs if in vestigation or prosecution has aıready been initia1ted about them until a final judgement .İs made. Such a measure may be applied to the organs of the metropolitan municipality as well and even if it is rare]y used, H means an impairment of the principIe of autonomy.5 Furthermore, the right granted to the mayors of metropolises to ask the council to review their decisions cannot be reeonciled with Ioeal autonomy. The faet that councils may insİst on theİr decision provided that ıthey have a 2/3 majority does not change , Michael N. Danielson and Ruşen Keleş, The PoUtfcs of Rapid UrbanJza· tlon: Govemment and Growth in Modem Turkey, Holmes and Meier. New York, 1985. METROPOLITAN ADMINISTRATION IN TURKEY 109 the situation. The administrative trusteeship pow·ers of the muni cipal councils of metropolises and of rustrict municipal councils over ,the approvaI of plans andcertain decisions concerning the budget etc. cannot be reconciled ,vith an understanding of autonoınous ıocal governments. We may add to these the fact that thcre are no members elected by people in the metropolitan committee. Naturaııy the most important impediment to the vaHdity of the principle of Iocal autonomy is not adrninistrative factors,but the financial difficulties of m1etropoHtan adrninistrations. The metropoUses İn Turkey, like other locaI government units, are short of financial sources and lacking in resources that will enable theın to carry out their tasks adequately. Thejr sources are not proportional to the tasks entrusıted to them by laws and n10st of \vhich require large amounts of İnvestments. But it must be pointed out ,that with the establishment of metropolitan administrations, at lıeast some of the administrative tutelage powers related to Ioeal government tas'ks such as constructİon planning, have been removed from the care of the central governm1ent and entrusted ıto metropolises. This may be counted aS an important step away from centralization in administratİon. How Does the System Work? Sufficient time ha~ not passed to enable us to make &n objective and reliable levaIuation of metropolitan adminİstration, which has been newly established. However, ,the implementation up tiıı now indicates that the division of income betw1een metro polises and the central government, on the one hand, metropolitan municipalities and district municipalities, on the other, is not just. Similarly, in metropolitan areas it is Sıeen that there are disagreements between the t\VO Ievels of municipalities concerning public services when it is not explicit in the la,vs which locaI unİts a:r.e responsible for fulfiııing them. District municipa1ities Iook upon metropolitan ones as a new type of artificia11y formed organisatİons of administrative tuteIage which exercise certaİn powers over units of a tower order. Such 110 TURKISH PUBLle ADMINISTRATION ANNUAL an approach is an ex:aggerated one, because the powers ·thatmetro poHtan municipalities have to supervise and to control district municipalitiesare not numerous. Mareover, metropolises are democradc organisations. As can be seen from the case of mayor and the council their organs are made up of elected members. One exception to this is the formation of themetropolitan standing c'ÜmmHtee. Even if we dlsregard the disagreements arisingfrom the division of labour between the municipalities of the metropolis and of the districts, it must be pointed out that certain disagree ments also exist concerning the sharing of personnel, mıeans, materials and the like. Yet ·the Regulation dated December 1984 (The Official Gazette Dec. 1984, no. 18603) brought same darifi cati'Ün that will reduce the disagreements between ·them to a certaın extent. Conclusins Although the need for the formatian of special adminis·trative institutions in metropolitan areas has been felt for at least 20 years, metropolitan administration is a new fact in Turkey. it would be misleading to assume that the arrangement which exİsts today is suitable for solving all the urbanİzation problems of large towns. But ·the system is open t'Ü becoming a subject of re evaIuation according to the changing needs. Similarly, it is suitable for an extension of the definition of metropolis ,to indude other towns so that services can be better rendered. Undoubt.edly, to divide ,the public services between admini stration types of two IeveIs within a federal structure may increase the effectiveness of management. Another characteristic of such a structurıe would be to make participation in administration attractive to people and thus to increase their partidpation. The metropolitan arrangement in our country has given large masses of people the opportunity to elect ,the mayor of the settlemen t unİ t he lives in, to form Iocal council s by electing their members, to be elected to ıthese councils as members, and to have many smaIl local services provided without the need to apply to the central government. In shopt, the new system appears to he an arrangement which inçreases. people' s self·confidence, gives local ~overnments the opportunity to become demoeratic and earries the iıope of distancing poliıtical power from centralisation.
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