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4.0 governance [2012/12/28 09:17] admin [4.3Making Decisions] |
4.0 governance [2017/12/05 17:52] (current) |
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| * **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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| * 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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| 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/wp-content/uploads/downloads/2012/09/Community-Councillor-Handbook.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/wp-content/uploads/downloads/2012/09/Community-Councillor-Handbook.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. | ||
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| * 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: | ||
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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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