council members guide - province of manitoba · 10 council members guide role of council council is...

2014 - 2018 1

Council Members

Guide

Once Elected... What is

Expected?

2014 - 2018

2014 - 2018 1

TABLE OF CONTENTS

CONGRATULATIONS 3 MUNICIPAL LEGISLATIVE FRAMEWORK 5 ROLE OF COUNCIL 9

• Council 10• Mayor/Reeve 12• Individual Council Members 12 • Council Code of Conduct 13

ROLE OF ADMINISTRATION 17

• Employee Code of Conduct 20

MAKING DECISIONS 23• By-Laws 24

GETTING DOWN TO BUSINESS 29

• Municipal Procedures 31

COUNCIL MEETINGS 35

2 Council Members Guide

CONFLICT OF INTEREST 41

• Statement of Assets and Interests 43

PUBLIC HEARINGS 47• Your Role at Public Hearings 49

COUNCIL’S ROLE IN FINANCIAL MANAGEMENT 53• Annual Financial Plan (Budget) 54

• Capital Projects and Borrowing 59

CITIZEN ACCESS TO INFORMATION 63

• Access Rights and Privacy Protects under The

CITIZEN COMPLAINTS 69

APPENDICES• Appendix A - Key Resources for Council Members

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CONGRATULATIONS

In making your decision to sit on Council, you have accepted

Considerable trust has been placed in you, along with other

fairly and most importantly, with the public’s best interest in

As a municipal council member, you will no doubt have many

guide provides you with an overview of what you can expect

Manitoba Municipal Government, wishes you success over your next four years!

Association of Manitoba Manitoba Municipalities Municipal Government

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Municipal Legislative Framework

THE MUNICIPAL LEGISLATIVE FRAMEWORK

make decisions that they think will best meet the needs of their

•

to take an individual’s property for non-payment of taxes through the tax sale process, and to expropriate land for

Government powers also include the authority to make laws, known as by-laws, in the municipality that regulate

include land use planning and building by-laws, noise by-laws, animal control by-laws, unsightly property and derelict

• to other individuals or businesses, which enable them to

authority to buy and sell land, to buy equipment, to enter

autonomy and independence within the broad parameters of

with requirements for transparency and public accountability

Remember!

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Role of Council


ROLE OF COUNCIL

Council is elected to make decisions for the municipality about

members must respect the decision, even when they did not

Council is required by The Municipal Act to make decisions

Individual council members elected on a ward basis must

that individual council members have no authority to make a

Council

Council is comprised of a head of council, called the Mayor or

a youth member – a person who is less than 18 years of age or

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to the Council table and to generate interest among youth in

– Council’s primary role is to ensure

involves establishing policies about what programs and services are to be delivered, the level of those services, and

Council is also responsible to ensure that these programs

A policy manual provides a sound basis for decision-making and can ensure that policies are consistently implemented

– Council is

is also responsible for ensuring that the municipality

– Council is responsible to ensure that the municipality acts

As well, Council is responsible to ensure that the municipality meets all requirements established in


Council can go beyond these minimums, providing they act

Mayor/Reeve

All Councils have a head of council, called either the Mayor or

•

•

procedures by-law provides otherwise

•

•

As well, the Mayor/Reeve is also responsible for all municipal

Individual Council Members

Individual council members, including the Mayor/Reeve, also

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• considering the well-being and interests of the municipality

•

•

•

Council Code of Conduct

a member of council, you have a duty to comply with the code

The purpose of the Council Code of Conduct is to establish the standards and values that you will be expected to meet in

guidelines on acceptable behaviour for council members in

annually review your Council Code of Conduct to make sure it meets the needs of your municipality and to consider whether

conduct of council members, respect for the decision-making processes of the municipality, or respect for the role of


Council as a whole has the authority to censure (publicly

To censure a member of council, approval of a majority of all

The Municipal Act Procedures Manual, distributed to all

steps Council can follow in considering a decision to censure a

Council Compensation

to members of council by developing sound policies for

•

• willingness and ability of your ratepayers to pay, including

• which payments will be made

•

•

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•

Reimbursement of expenses could consist of a payment based

• receipts provided

• receipts provided up to a maximum amount

•

•

allowance to cover all expenses incurred instead of a

Remember that the amount that council members are paid as

Council Members Guide

is required to include a detailed account of every payment

Accountability and transparency are also improved when

Remember!

Role of Administration


ROLE OF ADMINISTRATION

decisions and take care of the everyday work of managing your

this does not preclude other municipal employees, such as your

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• ensure that the policies and programs of the municipality are implemented

•

• provide professional advice and support for council’s

•

• municipality

• manage, lead and direct the rest of the municipality’s employees, unless Council decides otherwise

•

•

municipality

• provide well-researched and easy to understand reports


established in The Municipal Act, must be performed by a

ensure that they are appropriately exercising their powers and

Employee Code of Conduct

As a Council, you should expect that all employees of your

The municipal employee code of conduct applies to all

employee code of conduct also applies to volunteers, such as

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The Act requires a municipal employee code of conduct to

•

• further their own interests, such as recommending their spouse’s company to do work for the municipality

• procedures that employees must follow if the employee

•

and consequences of not disclosing or withdrawing

municipal employee code of conduct to make sure it meets the needs of your municipality and to consider whether revisions

The Municipal Act Procedures Manual, distributed to all

a template Municipal Employee Code of Conduct that


Remember!

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MakingDecisions


MAKING DECISIONS

long-term or broad impact on the public such as when making

services will be delivered in the municipality, such as entering

By-Laws

Before passing a by-law, Council needs to understand the impact of the proposed by-law, not only on residents and property

Council should also consider the municipality’s ability, as well as

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Procedures must be followed when passing a by-law to ensure the process is transparent and to provide opportunity for public

•

•

public also has the opportunity to express their views before

•

• recorded vote ensures that the public is aware of how each

improvements or special services that will increase property

establish water rates, require approval of the Municipal Board


Resolutions

Fair Decision-Making

As a Council, you want your decisions to be fair and to be seen

its decisions are implemented fairly and consistently and are

– Council’s policies should establish

A snow clearing policy could establish the priority order for

Decisions for maintenance work on municipal roads should

within which a property owner would be ordered to clean up

a person to be able to comply, but could set out circumstances where property owners could appeal to Council for an extension

Remember!

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Getting Down to Business


GETTING DOWN TO BUSINESS

business is undertaken in an open and transparent manner and

that establishes the municipality’s

establishes how your deputy head of council is appointed, such as through a vote of council or appointed by the

Review your by-laws early in your term to ensure that your

The Municipal Act Procedures Manual provides template

Municipal Organization

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•

•

as to involve the public in your municipality’s decision-making

Municipal Procedures

understand how your municipality’s business will be conducted,


Your municipality’s Procedures By-law is required to establish

up to Council to determine how those procedures will be

–

to ensure Council has an opportunity to review and make

–

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– Established rules of conduct ensure that council business is dealt

•

• points of order and how they are to be addressed by the Chair

• procedure to follow when two or more members

• may speak, and for how long

• how the Chair will deal with disturbances caused by

– Rules are established to ensure public

•

•

•

• the maximum number of people allowed in council chambers

•

policies allowing audio taping or video recording of

privacy concerns for others and may impede public


– These procedures ensure council business

– Procedures

Remember!

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CouncilMeetings


COUNCIL MEETINGS

generally held when important or unforeseen business arises

from council, and must resign their seat, if they are absent from

conducted electronically must allow members of council to hear and speak to each other and enable the public to hear Council’s

Councils may also establish rules in its Procedures By-law for

Quorum

requirements for quorum, in the event a member declares a

Open Meetings

•

•

early discussions about selling surplus municipal land)

•

•

•

•

A Council may only exclude the public and media from a


Meeting Agenda

The agenda generally puts the most important items at the beginning of the agenda, so that Council focuses on these

Voting

to vote and should vote unless they declare that they have a

However, any council member may request a recorded vote in accordance with the Procedures By-law, before the vote is taken

Meeting Minutes

council’s decisions and so it is very important that the minutes

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•

•

• outcomes of votes

• recorded votes

•

•

Council members should not ask to have comments or

Remember!

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Con ict of Interest


CONFLICT OF INTEREST

when an individual council member’s personal interest or the interest of their immediate family (spouse or dependent child)

consequences on council members when they put their personal

Understanding the rules of the Act allows you to perform your

apply to the court if they believe that a council member has

court decides that the member of council violated the Act the

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– Council members are

company that the municipality is considering doing business

Members of council

for the services they provide as a council

where they or their immediate family member (spouse or dependent child) have a direct or indirect pecuniary

Statement of Assets and Interests


The Statement of Assets and Interests lists your real estate holdings in Manitoba (exclusive of your principal residence) and

It is your responsibility to keep your Statement of Assets and

another statement disclosing the new asset or interest with your

Disclosure at Meetings

in which you or your immediate family member (spouse or dependent child) have a pecuniary interest comes before any

Your interest may be direct, for example you are a business

business, or indirect, for example your spouse is employed by a business that your municipality is considering awarding a

to ask yourself whether you or your spouse or your dependent

Disclosures

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Your

record of your disclosure and withdrawal is available to the

You should leave the room when council debates

have an interest in is discussed, you must disclose your interest

Remember!

PublicHearings


PUBLIC HEARINGS

Council must hold a public hearing to obtain public input on

a good idea when Council is considering major changes that

delivering a municipal service or to gauge public interest in a

will assist Council to make the best possible decision on behalf

•

• from surplus and reserves or tax revenue, or increases

• long-term borrowing by the municipality for capital

municipality)

• proposal to close a municipal road

• proposal for local improvements / special services

• by- law

• by-law

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Your Role at Public Hearings

All council members are required by The Municipal Act to

•

•

• Review the public hearing procedures established in your Procedures By-law, so you are comfortable with how the

Encouraging Attendance at Public Hearings

required under The Municipal Act, and are aware of the issues

Minimum


so more people

when many people work, will mean that many cannot

such

considered by Council, so that they can ask meaningful

Council, and the impact on residents and property owners

by using visual aids such as graphs, charts and PowerPoint

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Remember!

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Council’s Role in Financial Management


COUNCIL’S ROLE IN FINANCIAL MANAGEMENT

As a council member, you are not expected to be an accountant

services and programs that will be delivered to residents and property owners during the year, the level of those services and programs, and how they will be paid for, including through

the impact to residents and property owners as a whole, as well

It is important to begin the budget process early in the year –

deliver services and programs and levy property taxes for the

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Beginning the budget process early in the year ensures that

the public hearing, Council may approve the plan as proposed,

Council must pass its tax levy by-law no later

with the Minister of Municipal Government by May 15, and a

for the year, and the revenues necessary to fund these

revenue sources include property taxes, user fees and

(funded through provincial revenue sharing), grants from the federal government, as well as grants from other

budget, unless approval is obtained from the Minister of


– The capital budget establishes the

as equipment, buildings, bridges, and water and sewer

– a single tax rate is applied to all

can be distributed on the basis of taxable assessment,

capital expenditure program establishes the long-term

plans – 10 years or more – to manage investments in

ensures that the municipality’s capital assets are safe, in

Councils can plan for future capital expenditures, while managing costs and the impact to residents and property

assets, including the asset’s net value, as part of their

Critical Budget Decisions

Is the money being spent to achieve Council’s goals and

How do your municipality’s expenditures for the service

What is the

your municipality’s tax rate compare to similar, neighbouring

Can the type and level of services be maintained in view of

Are there other ways of doing business that could be


Taxation

Property taxes are the main source of revenue for most

rate, called the general municipal mill rate, is applied to all

and levels of municipal services and programs, such as garbage

services are fairly distributed amongst residents and property

– only property owners that receive

Costs can be distributed on the basis of taxable assessment,

Municipal Board approval is required to levy special service

it will charge a fee, the amount of the fee, the basis for

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Capital Projects and Borrowing

The magnitude and costs of these projects usually generate

to understand what Council is proposing and why, and how the

project, whether there are other sources of funding for the project, how the municipality intends to pay for its share of the

property taxes for property owners as a whole as well as for

municipality to pay for capital projects and equipment over a

Municipal Board must approve a borrowing by-law before

The Municipal Board, when considering the by-law, takes into account the debt capacity of the municipality to determine

has established guidelines to measure the amount of money that a municipality can borrow, taking into account their ability


as increase the level and quality of services, by partnering with

Public Hearing on Your Financial Plan

Council is required to hold a public hearing on its proposed

•

•

•

percentage of the municipality’s budget is being spent on

•

Monitoring Municipal Finances

Annual Financial Reporting

the opportunity to compare actual year-end results with the

Your auditor must submit the audit to Council by June 30 of the following year, as well as send a copy to the Minister of

The auditor also prepares a supplementary report along with

Council whether the auditor came across any problems with

whether any funds were spent without proper authority, whether there are any issues that Council should be aware of,

-ments and supplementary report are available to the public at the

-


statements must now be prepared according to generally

•

•

The cost of capital assets is a key component in the delivery of

Remember!

Citizen Access to

Information


CITIZEN ACCESS TO INFORMATION

to be aware of the services and programs available and how they are delivered, and to understand how they can get answers

Most municipal documents should be available to the public as

formal process that may not be necessary if Council has a clear

access to documents, unless there is a clear reason for keeping

Required Access

• assessment rolls

•

•

• reports of the municipal auditor

•

•

•

• a council member’s Statement of Assets and Interests (The

•

•

Additional Access

policy to ensure other municipal documents are readily available

• council member indemnity and expense claim forms

• invoices for accounts payable

• tender documents once awarded

• development agreements

•

The Freedom of Information and Protection of


Each municipal council must designate a person as the head

The head of the public body may delegate responsibility to a

Adjudicator has the power to make various orders, such as

Privacy Protections under FIPPA

Access Rights and Privacy Protections under The

Individuals have the right to access their own personal health

Remember!

CitizenComplaints


CITIZEN COMPLAINTS

Ombudsman

whether Council’s policies, such as the municipality’s snow clearing or road grading policies, are being fairly and reasonably

and examine under oath any person who may have relevant

and may require the municipality to report back, within a

Courts

the Court of Queen’s Bench, if they believe that a municipality

following legislated procedures, spending money without proper authority, or passing a by-law when there is no legal

Remember!

Appendices


KEY RESOURCES FOR COUNCIL MEMBERS

Municipal Resources

• Your municipality’s Policy Manual

• Your municipality’s Procedures By-law

• Chart

•

• List of Agencies, Board & Commissions on which municipality is represented

• Your municipality’s council code of conduct

• Your municipality’s employee code of conduct

•

•

• Plan) and tax levy by-law

• Previous month’s Financial Report (statement)

• Financial Audit Report

• Contact and emergency numbers for each department within your municipality

Association of Manitoba Municipalities Resources

•

Manitoba Municipal Government Resources

•

•

•

•

Other Resources

•


LEGISLATION GOVERNING MUNICIPALITIES

• The Municipal Act – the most important Act for

•

and imposes consequences on council members when they

• The Planning Act

Provincial Land Use Policies, which guide local planning

• – establishes the framework

authority of municipal Boards of Revision to consider

•

•

•

other public bodies, as well as rules to protect the privacy of

•

• – establishes requirements for environmental assessments and licensing, including

• – establishes the rules for the use of

• – provides the framework for

• – provides the framework for regional delivery of municipal waste

•

within the municipality, including parking, snow routes,

• – establishes Council’s responsibility

Acts are available electronically on the Government of


CONFLICT OF INTEREST QUESTIONS AND ANSWERS

Council

dependant (spouse, common-law spouse or dependent child

If you have a pecuniary interest with respect to council related

• disclose the general nature of the interest

•

•

an agency, board or commission where you serve as an elected

Disclosure extends to the direct or indirect pecuniary interests of a spouse, common law spouse or a dependent child who

municipality and your dependant comes before council, that fact

You must disclose real estate holdings in the Province of

to disclose your primary residence, personal bank accounts,

Your income, your spouse’s income or your child’s income also does not have to be disclosed – you only need to record the


be included in the Statement of Assets and Interests form with council members, to ensure members understand the rules

where a member’s assets and interests are complex, it is always

• public) for personal gain

• before council

•

These provisions do not prohibit you from appearing before

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A judge can determine there was an unknowing or inadvertent


NOTES

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