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| ====== 4.0 Governance ====== | ====== 4.0 Governance ====== | ||
| - | [[http://www.maca.gov.nt.ca/toolkit/community_governance/index.html|Governance]] generally refers to how a municipal government organizes and manages itself. Examples of common governance practices include how a municipal government exercises its political authority, how it establishes directions and how it reaches and implements decisions. Basically, following good governance practices is an important part of keeping a municipal government on-track and out of trouble. | + | [[http://www.maca.gov.nt.ca/?page_id=569|Governance]] generally refers to how a municipal government organizes and manages itself. Examples of common governance practices include how a municipal government exercises its political authority, how it establishes directions and how it reaches and implements decisions. Basically, following good governance practices is an important part of keeping a municipal government on-track and out of trouble. |
| The topic of governance can be a bit tricky to understand as some governance practices are mandatory (i.e. legislative or contribution agreement requirements) while others are either recommended or optional. | The topic of governance can be a bit tricky to understand as some governance practices are mandatory (i.e. legislative or contribution agreement requirements) while others are either recommended or optional. | ||
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| * ensuring that a municipal government does not exceed its authority (as set out in its municipal legislation), | * ensuring that a municipal government does not exceed its authority (as set out in its municipal legislation), | ||
| - | * using a bylaw to enact policy where required by legislation (Examples of [[http://www.maca.gov.nt.ca/toolkit/community_governance/Cheat_Sheet_mandatory_bylaws.pdf|mandatory bylaws]] include Rules of Procedure for Council, appointment of a Senior Administrative Officer and adoption of a corporate seal. In many instances where Council wants to exercise its authority there needs to be a bylaw such as Honoraria, Municipal Service Rates, Borrowing and Long-term debt. In addition, there are specific procedures that a Council must follow to adopt a bylaw) and | + | * using a bylaw to enact policy where required by legislation (Examples of [[http://www.maca.gov.nt.ca//wp-content/uploads/2011/09/MACA_SCG_Mandatory-Bylaws_2009.pdf|mandatory bylaws]] include Rules of Procedure for Council, appointment of a Senior Administrative Officer and adoption of a corporate seal. In many instances where Council wants to exercise its authority there needs to be a bylaw such as Honoraria, Municipal Service Rates, Borrowing and Long-term debt. In addition, there are specific procedures that a Council must follow to adopt a bylaw) and |
| * developing necessary long-term plans such as a Strategic Plan, Capital Plan, or Community Energy Plan, etc. | * developing necessary long-term plans such as a Strategic Plan, Capital Plan, or Community Energy Plan, etc. | ||
| Areas where a Council has the flexibility to decide how it wants to organize and manage the community and the municipal government’s operations include: | Areas where a Council has the flexibility to decide how it wants to organize and manage the community and the municipal government’s operations include: | ||
| - | * [[http://www.maca.gov.nt.ca/toolkit/community_governance/Cheat_Sheet_discretionary_bylaws.pdf|Discretionary bylaws]] – areas in which a Council has the choice to adopt a wide range of bylaws include setting a term of office (two or three years), making rules for public meetings, developing code of ethics for Councillors, setting terms of employment for staff, animal control, regulating snowmobiles and other vehicles, undertaking local improvements, delegating authorities and establishing a board or commission. | + | * [[http://www.maca.gov.nt.ca//wp-content/uploads/2011/09/MACA_SCG_Discretionary-Bylaws_2011.pdf|Discretionary bylaws]] – areas in which a Council has the choice to adopt a wide range of bylaws include setting a term of office (two or three years), making rules for public meetings, developing code of ethics for Councillors, setting terms of employment for staff, animal control, regulating snowmobiles and other vehicles, undertaking local improvements, delegating authorities and establishing a board or commission. |
| * **Certain types of planning** – a Council can choose to develop and implement a variety of plans depending on its circumstances. Some common examples include a land use plan, recreation plan, wellness plan, economic development plan, etc. | * **Certain types of planning** – a Council can choose to develop and implement a variety of plans depending on its circumstances. Some common examples include a land use plan, recreation plan, wellness plan, economic development plan, etc. | ||
| - | * **Policies and procedures** – when a Council decides to provide guidance and direction to its administration or to itself and a bylaw is not required to exercise this authority, Council may, by resolution, adopt policies and procedures. As policies only bind the municipal government and not the residents, most policies deal with the internal operation of the municipal government in areas such as financial and human resource procedures. | + | * **Policies and procedures** – when a Council decides to provide guidance and direction to its administration or to itself and a bylaw is not required to exercise this authority, Council may, by resolution, adopt policies and procedures. As policies only bind the municipal government and not the residents, most policies deal with the internal operation of the municipal government in areas such as financial and human resource procedures. A sample policies and procedures manual is available at: [[http://www.nwtac.com/icsp/policies-procedures-manual/]] |
| Sections 4.1 to 4.4 below provide information on best practices a community government can follow to ensure good governance. | Sections 4.1 to 4.4 below provide information on best practices a community government can follow to ensure good governance. | ||
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| ==== 4.1 Planning ==== | ==== 4.1 Planning ==== | ||
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| === 4.1.1 Strategic Planning === | === 4.1.1 Strategic Planning === | ||
| - | A [[http://www.nwtac.com/strategic.html|strategic plan]] is the “big picture” plan for a community and usually contains the following things: | + | A [[http://www.nwtac.com/icsp/strategy/|strategic plan]] is the “big picture” plan for a community and usually contains the following things: |
| * A long-term vision for what the community will be like in five or 10 years. | * A long-term vision for what the community will be like in five or 10 years. | ||
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| * Capital plan | * Capital plan | ||
| - | A community ICSP is intended to be a “living document” that needs to be reviewed and updated on a regular basis. An ICSP example can be found here ([[http://lgant.ca/Resources/Section%204%20Resources/ICSP%20Enterprise%20-%20March%207%202011%20ver6.pdf|Enterprise ICSP]]) | + | A community ICSP is intended to be a “living document” that needs to be reviewed and updated on a regular basis. An ICSP example can be found here ([[http://www.lgant.com/sites/default/files/Sample_Integrated_Community_Sustainability_Plan_2011_Enterprise.pdf|Enterprise ICSP]]) |
| === 4.1.3 Human Resources Planning === | === 4.1.3 Human Resources Planning === | ||
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| Without competent staff, a municipal government cannot deliver programs and services to residents or take care of its business. Given the competitive job market that exists in the NWT and elsewhere, human resource planning is an important tool for attracting and retaining qualified staff. | Without competent staff, a municipal government cannot deliver programs and services to residents or take care of its business. Given the competitive job market that exists in the NWT and elsewhere, human resource planning is an important tool for attracting and retaining qualified staff. | ||
| - | MACA developed the [[http://www.maca.gov.nt.ca/school/tools/CGHRDS%20Manual%20.pdf|Community Government Human Resource Development System]] to assist municipal governments with human resource development. | + | MACA developed the [[http://www.maca.gov.nt.ca/?page_id=552|Community Government Human Resource Development System]] to assist municipal governments with human resource development. |
| The elements of the system include: | The elements of the system include: | ||
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| === 4.1.4 Community Infrastructure Planning === | === 4.1.4 Community Infrastructure Planning === | ||
| - | [[http://www.maca.gov.nt.ca/toolkit/infrastructure_plan/index.html|Community infrastructure planning]] (or capital planning) is an important tool that can help a municipal government minimize operating costs and maximize the delivery of programs and services to residents. | + | [[http://www.maca.gov.nt.ca/?page_id=573|Community infrastructure planning]] (or capital planning) is an important tool that can help a municipal government minimize operating costs and maximize the delivery of programs and services to residents. |
| Infrastructure includes all the physical assets a municipal government owns and operates such as buildings, water and waste systems, mobile equipment (heavy equipment, trucks, vehicles), recreational facilities and earthworks (roads, gravel pits). | Infrastructure includes all the physical assets a municipal government owns and operates such as buildings, water and waste systems, mobile equipment (heavy equipment, trucks, vehicles), recreational facilities and earthworks (roads, gravel pits). | ||
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| === 4.1.6 Energy Planning === | === 4.1.6 Energy Planning === | ||
| - | A [[http://www.aea.nt.ca/programs/community_energy_planning|community energy plan]] identifies ways to reduce energy use, energy costs and environmental impacts within the community. More information on energy planning is provided in section 8.5. | + | A [[http://aea.nt.ca/communities#cep|community energy plan]] identifies ways to reduce energy use, energy costs and environmental impacts within the community. More information on energy planning is provided in section 8.5. |
| === 4.1.7 Other Types of Planning === | === 4.1.7 Other Types of Planning === | ||
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| * **Economic Development Plan** – sets goals and objectives for local economic development and identifies strategies, programs and projects to be implemented to reach these goals and objectives. | * **Economic Development Plan** – sets goals and objectives for local economic development and identifies strategies, programs and projects to be implemented to reach these goals and objectives. | ||
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| ==== 4.2 Council Meetings ==== | ==== 4.2 Council Meetings ==== | ||
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| Key tasks for the LGA usually include: | Key tasks for the LGA usually include: | ||
| - | * **Drafting the agenda** ([[http://lgant.ca/Resources/Section%204%20Resources/Council%20Meetings/EnterpriseCouncilAgendaExample.pdf |Enterprise Council Agenda Example]]) – this should be prepared using input from the Mayor/Chief and may include input from Councillors, staff, outside advisors, and others. The agenda items should be organized carefully so the Council can address items in a logical and efficient manner. The format for the agenda is often specified in the Rules of Procedure by-law (see below). Often, the more important items are placed at the beginning. | + | * **Drafting the agenda** – this should be prepared using input from the Mayor/Chief and may include input from Councillors, staff, outside advisors, and others. The agenda items should be organized carefully so the Council can address items in a logical and efficient manner. The format for the agenda is often specified in the Rules of Procedure by-law (see below). Often, the more important items are placed at the beginning. |
| * **Preparing an information package** – any supporting materials, such as letters, reports, memos, draft motions, etc. should be organized in a package and distributed to all Council members well in advance of the meeting. For their part, all Council members should review the agenda and materials and come to the meeting prepared. | * **Preparing an information package** – any supporting materials, such as letters, reports, memos, draft motions, etc. should be organized in a package and distributed to all Council members well in advance of the meeting. For their part, all Council members should review the agenda and materials and come to the meeting prepared. | ||
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| There are several factors that contribute to a well-run, effective Council meeting: | There are several factors that contribute to a well-run, effective Council meeting: | ||
| - | 1. Rules of Procedure Bylaw ([[http://lgant.ca/Resources/Section%204%20Resources/Council%20Meetings/Whati%20Council%20Procedures%20Bylaw%20%2823-2011%29.pdf |Whati Council Procedures Bylaw]], [[http://lgant.ca/Resources/Section%204%20Resources/Council%20Meetings/Ft.%20Simpson%20Council%20Procedures%20Example.pdf |Ft. Simpson Council Procedures Example]]) it is mandatory that a community government establish and follow rules of procedure for Council meetings. This must be done by bylaw and should include rules outlining: | + | 1. Rules of Procedure Bylaw ([[http://www.lgant.com/sites/default/files/Bylaw_Council_Procedures_2011_Whati.PDF |Whati Council Procedures Bylaw]], [[http://www.lgant.com/sites/default/files/Bylaw_Council_Procedures_2003_Fort_Simpson.pdf |Ft. Simpson Council Procedures Example]]) it is mandatory that a community government establish and follow rules of procedure for Council meetings. This must be done by bylaw and should include rules outlining: |
| * the calling of meetings of Council and its committees, | * the calling of meetings of Council and its committees, | ||
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| * process for filling a vacant council seat. | * process for filling a vacant council seat. | ||
| - | 2. [[http://www.nwtac.com/Files/Community%20Councillor%20Handbook.pdf|Role of Chair]]. | + | 2. [[http://www.nwtac.com/wp-content/uploads/downloads/2014/01/Community-Councillor-Handbook1.pdf|Role of Chair]]. |
| The Mayor or Chief normally chairs all meetings of Council and is responsible for making sure the meeting runs smoothly and that Council procedures are followed. The Chair is also responsible for: | The Mayor or Chief normally chairs all meetings of Council and is responsible for making sure the meeting runs smoothly and that Council procedures are followed. The Chair is also responsible for: | ||
| * keeping order in the meeting, | * keeping order in the meeting, | ||
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| * calling for votes on an issue once there has been adequate discussion. | * calling for votes on an issue once there has been adequate discussion. | ||
| - | 3. [[http://www.nwtac.com/Files/Community%20Councillor%20Handbook.pdf|Role of LGA]]. | + | 3. [[http://www.nwtac.com/wp-content/uploads/downloads/2014/01/Community-Councillor-Handbook1.pdf|Role of LGA]]. |
| The LGA can contribute by providing a well-designed agenda and all necessary supporting documents. During the meeting, the LGA supports Council by providing guidance on policies, bylaws, procedures, issues, potential solutions and making sure Council doesn’t do something inappropriate. The LGA is also required to ensure that notes are taken, that decisions are recorded and that minutes of the meeting are prepared. | The LGA can contribute by providing a well-designed agenda and all necessary supporting documents. During the meeting, the LGA supports Council by providing guidance on policies, bylaws, procedures, issues, potential solutions and making sure Council doesn’t do something inappropriate. The LGA is also required to ensure that notes are taken, that decisions are recorded and that minutes of the meeting are prepared. | ||
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| === 4.2.3 Minutes === | === 4.2.3 Minutes === | ||
| - | Minutes are the official record of the meeting and are required by law. They must be made available to the public. Minutes ([[http://lgant.ca/Resources/Section%204%20Resources/Council%20Meetings/Enterprsie%20Council%20Meeting%20Minutes.pdf |Enterprise minutes]]) should include: | + | Minutes are the official record of the meeting and are required by law. They must be made available to the public. Minutes should include: |
| * a record of the Council members in attendance as well as those absent from the meeting and | * a record of the Council members in attendance as well as those absent from the meeting and | ||
| * a brief summary, by agenda item, of key points made during the meeting, who moved and seconded a motion and whether the motion was carried. If a statute, bylaw or policy was relied upon or referred to in a motion, this should be recorded. | * a brief summary, by agenda item, of key points made during the meeting, who moved and seconded a motion and whether the motion was carried. If a statute, bylaw or policy was relied upon or referred to in a motion, this should be recorded. | ||
| It should be noted that meeting minutes are considered to be in “draft form” until they are reviewed and approved by Council (which usually occurs at the following Council meeting). | It should be noted that meeting minutes are considered to be in “draft form” until they are reviewed and approved by Council (which usually occurs at the following Council meeting). | ||
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| ==== 4.3 Making Decisions ==== | ==== 4.3 Making Decisions ==== | ||
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| === 4.3.2 Bylaws === | === 4.3.2 Bylaws === | ||
| - | [[http://www.maca.gov.nt.ca/toolkit/community_governance/Cheat_Sheet_general_bylaws_powers_procedure.pdf|Bylaws]] are community laws that set out the municipal government’s authority. Bylaws are passed by Council and usually involve exercising control on items or activities that Council is responsible for according to legislation. Common examples of issues addressed through bylaws include: | + | [[http://www.maca.gov.nt.ca//wp-content/uploads/2011/09/MACA_SCG_General-Bylaw-Powers-and-Procedures_2009.pdf|Bylaws]] are community laws that set out the municipal government’s authority. Bylaws are passed by Council and usually involve exercising control on items or activities that Council is responsible for according to legislation. Common examples of issues addressed through bylaws include: |
| - | * Safety, health and welfare of people and their property; | + | * safety, health and welfare of people and their property, |
| - | * Public order, peace and safety; | + | * public order, peace and safety, |
| - | * People, activities or things occurring in a public place; | + | * people, activities or things occurring in a public place, |
| - | * Public nuisances, including unsightly property; | + | * public nuisances, including unsightly property, |
| - | * Transport, motor vehicles and pedestrians; | + | * transport, motor vehicles and pedestrians, |
| - | * Management, use and protection of lands, including land use planning; | + | * management, use and protection of lands, including land use planning, |
| - | * Businesses and business activities; | + | * businesses and business activities, |
| - | * Public utilities; | + | * public utilities, |
| - | * Programs, services and facilities provided or operated by the community government; | + | * programs, services and facilities provided or operated by the community government, |
| - | * Internal management of the community government; and, | + | * internal management of the community government and |
| - | * Enforcement of bylaws. | + | * enforcement of bylaws. |
| - | Putting a [[http://www.maca.gov.nt.ca/toolkit/community_governance/bylaws/index.html|bylaw in place]] is more formal than implementing policies. There are specific procedures that must be adopted, including: | + | Putting a [[http://www.maca.gov.nt.ca/?page_id=569|bylaw in place]] is more formal than implementing policies. There are specific procedures that must be adopted, including: |
| - | * Must be in writing before first reading is given; | + | * must be in writing before first reading is given, |
| - | * Must have three separate readings by resolution; | + | * must have three separate readings by resolution, |
| - | * May require the approval of the electorate in the community or may require the approval of the Minister of MACA; | + | * may require the approval of the electorate in the community or may require the approval of the Minister of MACA, |
| - | * May require public hearing or minimum public notice before proceeding to second or third reading; and | + | * may require public hearing or minimum public notice before proceeding to second or third reading and |
| * All bylaws must be sent to the Minister of MACA not later than 10 days after it receives third reading. | * All bylaws must be sent to the Minister of MACA not later than 10 days after it receives third reading. | ||
| - | Bylaws ([[http://lgant.ca/Resources/Section%204%20Resources/Council%20Meetings/Council%20Procedures%20Bylaw%20-%20elements.pdf |Elements of a Council Procedures Bylaw]]) are the correct way to make decisions when it is required by legislation or when the decision binds the public to behavior in certain ways or where the public will be impacted. When there is a question whether a decision should be done by bylaw or by policy, it is always wiser to do it by bylaw. | + | Bylaws are the correct way to make decisions when it is required by legislation or when the decision binds the public to behavior in certain ways or where the public will be impacted. When there is a question whether a decision should be done by bylaw or by policy, it is always wiser to do it by bylaw. |
| === 4.3.3 Resolutions === | === 4.3.3 Resolutions === | ||
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| - | Community government leaders need to be aware of, and avoid, [[http://www.maca.gov.nt.ca/toolkit/community_governance/Gullberg%20-%20Conflict%20of%20Interest%20Community%20Projects.PDF|conflict of interest]] or the appearance of bias. Council members are public figures entrusted to lead the community. It is important that members of Council are not influenced improperly or making decisions that benefit a specific person or firm but are not in the public’s interest. Similarly the LGA and staff need to be aware of their obligations to make decisions in the best interest of public and not be influenced by private interests or give the appearance of bias. | + | Community government leaders need to be aware of, and avoid, [[http://www.maca.gov.nt.ca//wp-content/uploads/2011/09/MACA_SCG_Conflict-of-Interest-Presentation_2007.pdf|conflict of interest]] or the appearance of bias. Council members are public figures entrusted to lead the community. It is important that members of Council are not influenced improperly or making decisions that benefit a specific person or firm but are not in the public’s interest. Similarly the LGA and staff need to be aware of their obligations to make decisions in the best interest of public and not be influenced by private interests or give the appearance of bias. |
| A conflict of interest situation can arise in two ways: | A conflict of interest situation can arise in two ways: | ||
| - | * **Actual conflict** – a member has a direct or indirect interest, or is affected in some way, by a matter that is currently before a Council for consideration; or, | + | * **Actual conflict** – a member has a direct or indirect interest, or is affected in some way, by a matter that is currently before a Council for consideration. |
| * **Perception of conflict** – a member of the public may reasonably perceive that a member of Council could have a conflict of interest, even if such a conflict doesn’t actually exist in law. | * **Perception of conflict** – a member of the public may reasonably perceive that a member of Council could have a conflict of interest, even if such a conflict doesn’t actually exist in law. | ||
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| The disclosure of a conflict of interest must be recorded in the Council meeting minutes. | The disclosure of a conflict of interest must be recorded in the Council meeting minutes. | ||
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