DOWLAD G. PUN TLAND EE SOOMAALIYA PUNTLAND STATE OF SOMALIA Wasaarad Arimaha Gudaha , D/ Hoose iyo Horumarinta Reer Miyiga Ministry Of Interior Affairs, Local Government & Rural Development In Partnership with The Joint Programme on Local Governance and Decentralised Service Delivery Module 1: Induction Module – Training Material District Councillors and Staff Participant Book July 2010 Induction Module Training Materials – Participant Book, July 2010 i Table of Contents ACKNOWLEDGEMENTS .............................................................................................. iv Introduction to the training ....................................................................................... v Getting Started ......................................................................................................... 11 Unit 1: Introduction to Local Government ................................................................. 12 1.1 Some key concepts and definitions.................................................................. 13 1.1.1 Things to know about decentralisation and good governance ...................................... 13 1.2.2 Glossary ........................................................................................................................ 16 1.2 Overview of Local Government in Puntland .................................................... 17 1.2.1 What is the system of local government in Puntland? .................................................. 17 1.2.2 What laws guide the local government system? ........................................................... 18 1.2.3 What else should we know about the ‘Law No.7’? ........................................................ 18 1.2.4 Overview of the state government ................................................................................ 19 1.2.5 Overview of Regional Development Committees ......................................................... 19 1.2.6 Overview of District Councils ........................................................................................ 21 1.2.7 Overview of Village Committees ................................................................................... 22 End of Unit 1 – Communication Skills 1 ................................................................................. 24 Unit 2: Overview of District Councils ......................................................................... 25 2.1 Roles and Responsibilities of District Councils .............................................. 26 2.1.1 Who is on a District Council and how are they chosen? ............................................... 26 2.1.2 Grading of District Councils ........................................................................................... 26 2.1.3 What are the Roles and Responsibilities of the District Council? ................................. 27 2.1.4 What are the Roles and Responsibilities of the District Councillors? ........................... 29 2.2 Roles and Responsibilities of the District Administration .............................. 31 2.2.1 What is the District Administration? .............................................................................. 31 2.2.2 What are the Roles and Responsibilities of the Executive Committee? ....................... 33 2.2.3 What are the roles and responsibilities of district staff? ................................................ 35 2.2.4 What are the functions of the district departments?...................................................... 36 2.2.5 Links to other levels of government and government agencies .................................... 39 2.3 District Council Sub-Committees...................................................................... 41 2.3.1 What are sub-committees and how are they formed? .................................................. 41 2.3.2 What are the responsibilities of sub-committees? ........................................................ 42 2.3.3 What are the main sub-committees of a District Council? ............................................ 42 2.3.4 What else do we need to know about Sub-Committees? ............................................. 43 2.3.5 What is the Permanent Committee? ............................................................................. 44 2.4 Representation and Responsibility................................................................... 46 2.4.1 What does it mean to represent a district?.................................................................... 47 2.4.2 What do we mean by ‘transparency and accountability’? ............................................. 47 2.4.3 What is the role of citizens? .......................................................................................... 48 2.4.4 What are some aspects of good communication between Councillors and the community? ............................................................................................................................ 49 Unit 3: Functions of District Councils........................................................................ 51 3.1 Financial Management Function ....................................................................... 52 3.1.1 What are the financial management functions of the District Council? ......................... 52 3.1.2 Taxes and Service Charges .......................................................................................... 53 3.1.3 Intergovernmental transfers .......................................................................................... 54 3.1.4 Annual District Budget ................................................................................................... 55 3.1.5 Agreements and Contracts ........................................................................................... 57 3.1.6 Other Financial Management Functions ....................................................................... 58 Induction Module Training Materials – Participant Book, July 2010 ii 3.2 Planning, Administrative and Legislative Functions ....................................... 60 3.2.1 What is the Planning Function of District Councils? ..................................................... 60 3.2.2 What is the Administrative Function of District Councils? ............................................. 61 3.2.3 What is the Legislative Function of District Councils? .................................................. 62 3.2.4 What is the process of developing and passing by-laws? ............................................ 63 3.3 Delivery of Public Services and Local Economic Development ..................... 64 3.3.1 What is involved in the delivery of public services? ...................................................... 64 3.3.2 Details of relevant legislation and policies .................................................................... 66 3.3.3 What is involved in local economic development? ........................................................ 67 3.3.4 Why is participation important for local economic development? ................................. 68 End of Unit 3 – Communication Skills 3 ................................................................................. 69 Unit 4: How District Councils Operate ....................................................................... 70 4.1 District Council Meetings (1) ............................................................................. 71 4.1.1 When do District Councils meet? .................................................................................. 71 4.1.2 Who attends District Council meetings? ....................................................................... 71 4.1.3 What happens at a District Council meeting? ............................................................... 72 4.1.4 What is a meeting agenda? .......................................................................................... 73 4.1.5 What are meeting minutes? .......................................................................................... 74 4.2 District Council Meetings (2) ............................................................................. 76 4.2.1 How can we ensure a successful meeting outcome? ................................................... 76 4.2.2 Duties of the Chair and Secretary ................................................................................. 77 4.2.3 Code of Conduct of members during Council meetings ............................................... 78 4.3 Elections and Remuneration of Councillors .................................................... 79 4.3.1 How are District Councillors elected? ........................................................................... 79 4.3.2 How are the District Mayor and Deputy elected and what are the grounds for dismissal? ................................................................................................................................................ 80 4.3.3 What are the procedures for a vacancy on Council? .................................................... 80 4.3.4 What are the grounds for the dissolution of a Council? ................................................ 81 4.3.5 What is the basis for remuneration of Councillors? ...................................................... 82 Evaluation of training .............................................................................................. 84 Glossary ................................................................................................................... 85 Activity Sheets ......................................................................................................... 86 Induction Module Training Materials – Participant Book, July 2010 iii ACKNOWLEDGEMENTS This Induction Module has been developed for the induction of Councilors and district council staffs for use by District Councils to assist them to understand and carry out their roles and responsibilities effectively. It is part of the capacity building strategy of the Ministry to strengthen Local Authorities as part of the overall decentralization process. The strategy seeks to equip all councilors and technical, administrative and finance staff with information to help them to understand and carry out their roles and responsibilities effectively. In the course of carrying out their work, the councilors and technical staff will be guided by the existing legislation of Puntland; in particular the Constitution and the District Self Administration Law No. 7 which forms the basis of local governance and decentralization in Puntland. This Councilor Induction training Manual highlights the salient features of these Laws. Induction training using this manual will enable the participating councilors and council staff to become familiar with how the council works and the rules under which the Council operates. The induction module will lay the foundation for a successful term in office for new councilors and for the Council to achieve its goals and objectives. Councilors and district council staff will be expected to constantly refer to this booklet so as to fully grasp the concept, process and implementation of Decentralization in Puntland. I, therefore, recommend the use of this Module for the induction of all councilors and district council staff in Puntland. In conclusion, let me thank the Ministry of Interior staff, as well as staff of the Joint Program in Puntland for their hard work in finalizing this training manual. In particular, I would to thank Messrs. Francis Luwangwa(UNDP), Aweis Ibrahim (UNDP), Mohamed Ali Nor, Osman Ahmed, Guuleed Salah Barre, Mohamed Yusuf, and Abdirisak (all of MOI) for their cooperation and hard work. I also wish to thank Osman M. Osman (UNHabitat), Ahmed Said (ILO), Awil /bashir (UNICEF) for their constructive comments. Let me also not forget the inspiration and oversight work of Joanne Morrison, Caroline Rusten (of the JPLG team in Nairobi) and Rebecca Benson (UNDP consultant). Thanks to all of you for your hard work. Hon. Abdullahi Ahmed Jama Minister Induction Module Training Materials – Participant Book, July 2010 iv Introduction to the training This Participant Book is designed to assist you as an elected member of a District Council, or as a district staff member, to develop a better understanding of the roles and responsibilities of the District Council and administration, particularly in the delivery of public services and the ongoing improvement of development in the districts. These training materials will be subject to ongoing review and improvement, so your comments and suggestions will be very helpful, to ensure that the materials are as useful and relevant as possible. Who is this training Module for? This module has been developed for the following participants: District Councillors, including Mayors and Deputy Mayors Executive Secretary District department staff and Heads of Departments Training for Village Committees It is also important for Village Committee members to receive some induction training, although they do not need to receive this entire training module. Suggest that a version for VCs is developed, which is a summary of the main diagrams and very simplified information that is most relevant for VCs. It could be included as a wider training package for VCs that includes an overview of the DPPB process ie a summarised version of Modules 1-4. Also suggest the training materials for VCs are developed in the form of a ‘Trainer/Facilitator Guide’ and that VCs do not receive a ‘Participant Book’ in the same way as Councillors/Staff, but rather, a set of diagrams and forms that can be left with the VC for reference (this is to accommodate likely literacy levels of VC members). Symbols Used You will find the following symbols in this Participant Book: Activity Sheet Symbol: Some of the activities require you to complete or refer to an Activity Sheet. When you see this symbol you need to use the corresponding Activity Sheet at the end of your Participant Book. Induction Module Training Materials – Participant Book, July 2010 v Book Symbol: A book symbol like this tells you where you can identify relevant information in the Induction Manual or legislation. Eye Symbol: The eye symbol tells you that there is a table, diagram or example to look at. Hand Symbol: The hand symbol indicates a point that is important to note. Question Symbol: This symbol indicates some questions for discussion or reflection. Talking Symbol: This symbol indicates there is an activity to participate in. Glossary: You will also see that some words in this Participant Book have been written in bold. These words may be unfamiliar, so they are explained in a glossary, which you will find at the end of your Participant Book. Text Boxes: ! Sometimes you will see some writing in a box with a symbol like this. This means that the information in the box is important and you should make sure that you understand it before you continue. If you do not understand, please ask your trainer. Shaded Box: Other important information is put into a shaded box like this, so that you will notice and read it. Induction Module Training Materials – Participant Book, July 2010 vi Table I.1 – Training Overview Unit Session Title Content Unit 1: Introduction to Local Government (3 hours 45 mins) Introductory Session: Getting Started 45 minutes Introductions, welcome etc Aims and Objectives Expectations and Ground Rules Session 1.1: Some key concepts and definitions 1 hour Exploration of the meaning and relevance of concepts such as decentralisation and good governance. Activity 1.1: Concepts Brainstorm Unit 2: Overview of District Councils (7.5 hours) Session 1.2: Overview of Local Government in Puntland 2 hours (including End of Unit 1 – Communication Skills 1) Session 2.1: Roles and Responsibilities of District Councils 1 hour Session 2.2: Roles and Responsibilities of the District Administration 2 hours Session 2.3: District Council Sub-Committees 1 hour Session 2.4: Representation and Responsibility 2 hours (including End of Unit 2 – Communication Skills 2) Basic information on tiers of government in PL. Activity 1.2: True or False? End of Unit 1 – Communication Skills 1 Explores the roles and responsibilities of District Councils and Councillors Activity 2.1: Analysis of District Council responsibilities Explores the roles and responsibilities of Mayor and Deputy, district staff and departments Activity 2.2: Hypothetical situations Looks at sub-committees and their responsibilities Activity 2.3: Sub-Committee issues Looks at what it means to represent a district – ideas of inclusion, good communication and information flow, principles of transparency and accountability Activity 2.4: Taking your ‘representation’ temperature End of Unit 2 – Communication Skills 2 Induction Module Training Materials – Participant Book, July 2010 vii Unit 3: Functions of District Councils (4 hours) Session 3.1: Financial Management Function 1.5 hours Session 3.2: Planning, Administrative and Legislative Functions 0.5 hours Session 3.3: Delivery of Public Services and Local Economic Development 1.5 hours Unit 4: How District Councils Operate (3 hours) Session 4.1: District Council Meetings (1) 1 hour Session 4.2: District Council Meetings (2) 1.5 hours Session 4.3: Elections and Remuneration of Councillors 0.5 hours Examines each of the financial management functions and who is involved. Activity 3.1: Financial management scenarios Gives an overview of what these functions involve. Activity: Questions for Discussion Looks at what is involved and some participatory mechanisms that can be used. Activity 3.2: Participation in Local Economic Development End of Unit 3 – Communication Skills 3 Focus on meeting procedures, including agenda and minutes Activity 4.1: Preparation of meeting agenda Focus on meeting behaviour, including code of conduct Activity 4.2: District Council meeting Includes elections, vacancies, grounds for dismissal, remuneration Evaluation of Training 45 mins Total training time = 19 hours Induction Module Training Materials – Participant Book, July 2010 viii Table I.2 – Indicative Timetable This timetable is a guide to the timing of the 4-5 day training. Note that the timetable may need to be adjusted during the training, depending on circumstances. One suggestion coming from the service providers is that if lunch is provided for participants, the training day could be extended through to 2pm, with a schedule something like: 8-10am – Training Sessions (2 hrs) 10-10.30am – Morning tea 10.30 – 12.30 – Training Sessions (2hrs) 12.30-1.15 – lunch and prayers 1.15-2pm – Training Sessions (45 mins) This would give a training time of 4 hours 45 mins per day, (compared to 4 hours in the existing schedule). The indicative timetable below is based on the existing schedule, but can be amended if needed, to reflect the suggested schedule above. Day 1 Time 8am-10am Session Introductory Session: Getting Started (45 mins) Session 1.1: Some key concepts and definitions (1 hour) 10-10.30am Break - Morning tea 10.30am Energiser (5 mins) 10.3512.30pm End of Day 1 Session 1.2: Overview of Local Government in Puntland (2 hours) Day 2 Time 8am-10am Session Session 2.1: Roles and Responsibilities of District Councils (1.5 hours) Session 2.2: Roles and Responsibilities of the District Administration (0.5 hours) 10-10.30am Break - Morning tea 10.30am Energiser (5 mins) 10.3512.30pm Session 2.2: Roles and Responsibilities of the District Administration (continued, 1.5 hours) Session 2.3: District Council Sub-Committees (0.5 hours) End of Day 2 Induction Module Training Materials – Participant Book, July 2010 ix Day 3 Time 8am-10am Session Session 2.3: District Council Sub-Committees (continued, 1 hour) Session 2.4: Representation and Responsibility (1 hour) 10-10.30am Break - Morning tea 10.30am Energiser (5 mins) 10.3512.30pm Session 2.4: Representation and Responsibility (continued, 1.5 hours) Session 3.1: Financial Management Function (0.5 hours) End of Day 3 Day 4 Time 8am-10am Session Session 3.1: Financial Management Function (continued, 1 hour) Session 3.2: Planning, Administrative and Legislative Functions (1 hour) 10-10.30am Break - Morning tea 10.30am Energiser (5 mins) 10.3512.30pm Session 3.3: Delivery of Public Services and Local Economic Development (1.5 hours) Session 4.1: District Council Meetings (1) (0.5 hours) End of Day 4 – End of Training Day 5 Time 8am-10am Session Session 4.1: District Council Meetings (1) (continued, 0.5 hours) Session 4.2: District Council Meetings (2) (1.5 hours) 10-10.30am Break - Morning tea 10.30am Energiser (5 mins) 10.3512.30pm Session 4.3: Elections and Remuneration of Councillors (0.5 hours) Evaluation of Training (45 mins) End of Day 5 – End of Training Induction Module Training Materials – Participant Book, July 2010 x Introductory Session Getting Started Session To create a comfortable and encouraging learning environment. Objectives: To outline what the training aims to achieve and how this will happen. To provide an overview of the training. To understand participants’ expectations of the training. To set some agreed ground rules for the training. In this session you will get to know your trainer and the other participants. You will find out what the training involves and what you are expected to do. Here are some of the things that your trainer might cover in this session: Welcome Introductions Aims and Objectives of the training Training Overview and Documents Expectations and Ground Rules ‘Car Park’ for questions Questions for Reflection: Why did you come here today? What do you hope to take away from this training? Induction Module Training Materials – Participant Book, July 2010 11 Unit 1: Introduction to Local Government This Unit contains the following sessions: Session 1.1: Some key concepts and definitions Session 1.2: Overview of local government in Puntland Who is this Unit for? This unit has been developed for the following participants: District Councillors, including Mayors and Deputy Mayors Executive Secretary District department staff and Heads of Departments Induction Module Training Materials – Participant Book, July 2010 12 Session 1.1 Some key concepts and definitions Session Objectives: To become familiar with the concepts of decentralisation and good governance. To identify how these concepts are relevant to District Councils in Puntland. Activity 1.1: Concepts Brainstorm This activity is designed to introduce you to some of the key concepts that underpin the local government system in Puntland and your District Council. Your trainer will give you instructions for this activity. Your trainer will divide you into two groups, Group A and Group B. In your groups, you will be asked to brainstorm ideas around one of the following questions: Group A. What is ‘decentralisation’ and what does it mean for our district? Group B. What is ‘good governance’ and how is it relevant to our district? It is important to try and brainstorm your ideas before referring to the content in 1.1.1 below. This is because the exercise is not about getting the ‘right’ answers, but instead it is an opportunity to share ideas about what you think these terms mean and especially to get impressions on how the concepts are relevant to your district. 1.1.1 Things to know about decentralisation and good governance What is Decentralisation? Decentralisation is a process of transferring authority and responsibility for public functions, such as education and health services, from national level to local levels. Decentralisation often involves the establishment of democratically elected bodies who play a key role in governance at the local level and have important roles in planning and decision making, for example, the District Council. Decentralisation can take on any of the following forms**: Deconcentration: The shifting of responsibility and workload from State government Ministry headquarters to staff located outside the national capital. However, field staff must answer to the central authority for all decisions made. Induction Module Training Materials – Participant Book, July 2010 13 Delegation: The shifting of responsibility for administering public functions and/or decision making to semi-independent organisations, which are ultimately accountable to the State government, although not fully controlled by it. Examples include marketing boards and housing authorities. Devolution: The transfer of discretionary decision-making, planning, administration and financial management to independent local government units. This means that local government bodies can make their own decisions about where local resources are directed and are able to manage their own finances, staff and planning processes. Privatisation: The giving up of certain functions and services to various sections of the private sector, for example, business or community groups. **Adapted from Uganda Local Government training materials What are the advantages of a decentralised system of governance? Some potential advantages of decentralisation include: Resources are directed to those who most need them. Greater accountability and less corruption. Increased local participation in governance and decision-making. What else should we know about decentralisation? The ultimate aim of a decentralisation process is to promote ‘good governance’. Decentralisation is a long term process and it can take some time for changes to occur. Like many things, a decentralisation process is only as successful as the people involved in it. Therefore, a decentralised system requires commitment and patience from all stakeholders. What is Good Governance? **This material adapted from original ‘series 1 manual’ When we talk about ‘governance’ we refer to the ability of government bodies to provide the services that we as citizens need, in an equitable, efficient, effective and gender sensitive manner. We can say that ‘good governance’ involves decision-making for the people and with the people (both men and women). What does good governance look like? Induction Module Training Materials – Participant Book, July 2010 14 Some of the characteristics of good governance include: Participation: this refers to the ability of all citizens (women and men) to be part of decision-making processes, for example, decisions that relate to planning priorities in the district. The Rule of Law: this includes the presence of legislation and public obedience of the laws. It also requires an incorruptible police force and an impartial judiciary. Transparency: this refers to a government being able to clearly demonstrate how its decisions have been made and to show that these decisions are according to the wishes of the community. Responsiveness: this relates to a government being dedicated and committed to governing well, rather than just for its own benefit. Equity and inclusiveness: this is about the need for governance for all citizens (men, women and minority groups) and not just the most rich and influential. Effectiveness and efficiency: this relates to governments doing what they say they will do and without wasting public money. Accountability: this is about proper reporting, being able to account for how public money is spent and taking responsibility for all decisions and actions of the government. Can we achieve good governance? From the list given above it might seem like good governance is a difficult thing to achieve. This may be so; however, it is important to view the achievement of good governance – especially good local governance – as an ongoing process. The benefits of working to achieve good local governance can mean the following things for a district: Peace and stability Law and order Good health care Quality education Job creation Poverty reduction Gender equality Doesn’t this sound worth striving for? Induction Module Training Materials – Participant Book, July 2010 15 1.2.2 Glossary At the end of this Participant Book there is a glossary, which contains some important terms that you will come across in this training. Please refer to your Glossary now and ask your trainer if there are any definitions that you are not sure about. Induction Module Training Materials – Participant Book, July 2010 16 Session 1.2 Overview of Local Government in Puntland Session To understand the system of local government in Puntland. Objectives: To be aware of the legislation and regulations which guide local government in Puntland. To become familiar with the membership and roles of state government, Regional, District and Village Committees. Questions for Discussion 1: Discuss the following question in pairs: Share with your partner something you know about the system of local government in Puntland. Your trainer will ask for feedback when you have finished. 1.2.1 What is the system of local government in Puntland? There are a number of tiers of government in Puntland, as shown below: Diagram 1.1: Tiers of government in Puntland Puntland is divided into a number of regions, each with a Regional Development committee STATE government Regional Committee District Council Village Committee Regional Committee District Council Village Committee Village Committee Regional Committee District Council Regional Committee The regions can be divided into districts, each with a District Council. Village Committee Each district contains a number of villages, each with a Village Committee. ! It should be noted that Village Committees are an extended arm of the District Council, but are not officially considered part of the decentralised government system, as they do not have their own roles and functions. Induction Module Training Materials – Participant Book, July 2010 17 1.2.2 What laws guide the local government system? The main pieces of legislation relevant to the local government system in Puntland are outlined in the diagram below. Diagram 1.2: Relevant legislation for local government in Puntland Legislation and Regulations Puntland Constitution, Article 52 Articles 81-88 Districts SelfAdministration Law no. 7 (2003). Other regulations: Capital Law no.3 Ministerial decree on fiscal transfers Municipal bylaws This piece of legislation puts into effect the provision of the Constitution and provides for the creation and definition of the structures of District Councils. More information about the relevant legislation can be found in 1.1 Introduction of the Induction Manual. 1.2.3 What else should we know about the ‘Law No.7’? The Puntland Districts Self-Administration Law no.7 (2003) aims to enable the state government to: Extend, enhance and guarantee participatory democracy. Ensure sustainable development. Transfer power to the regional authorities and district councils. The law defines the powers and functions of the Local Councils, including administrative, financial management, planning and legislative powers. The law defines the duties, roles and responsibilities of Local Councils and individuals. The law establishes the relationship between the Local Councils and the state government, in particular the Ministry of Interior as the responsible Ministry for legality controls, support and supervision. The Law no.7 gives power to District Councils to prepare their own by-laws so as to facilitate the implementation of existing laws. Induction Module Training Materials – Participant Book, July 2010 18 District Councils may prepare by-laws or regulations, for example, in respect of internal conduct of council members, collection and management of council revenues, management and disposal of council assets, to name a few. After the approval of the regulations, all members are obliged to obey them. 1.2.4 Overview of the state government There are many elements of state government that are important for local governments, but two of the main ones are covered here: Ministry of Interior, Local Government and Rural Development (MOI) Local Councils are directly under the MOI, which is responsible for: Policy formulation. Monitoring and inspection to ensure compliance with policy. Building capacity of Regional Development Committees and District Councils. A complete list of the roles of MOI can be found in the Induction Manual 1.8.1 The State government Parliament This body is relevant to Local Councils because it has the power to approve: Relevant laws and policy regulating local governance. Changes in district grading after assessment by MOI. Delineation of regional and district borders. Changes in number and borders of regions and districts. 1.2.5 Overview of Regional Development Committees What are Regional Development Committees? Each region in the country is represented by a Regional Development Committee. These Committees have the following roles and responsibilities: a) To coordinate the plans of the districts b) To coordinate the activities of different state government departments c) to strengthen peace and ensure security d) monitoring and auditing the activities of the districts e) to approve district budgets Induction Module Training Materials – Participant Book, July 2010 19 Diagram 1.3: Membership of the Regional Development Committee These people are considered the technical arm to the Regional Committee. They provide technical advice to the Council but do not vote. Appointed by Presidential Decree. They also act as the Chair and Deputy Chair of the Regional Development Committee. Heads of Government Departments in the region Regional Chairperson / Deputy Regional Chairperson / District Police Commissioner Regional Development Committee Regional Executive Secretary / Appointed by Ministerial Decree. This person is the Secretary of the Regional Committee and does not vote. Mayors of Districts in the region These are voting members of the Regional Development Committee and are elected by their own District Councils. The Puntland Induction Manual (p1) also mentions the District Police Commissioner of the Region as part of this committee. Have added into the diagram. ! All staff at the regional level are line ministry staff, appointed by and accountable to their respective ministry and not the Regional Committee itself. Information about the duties and responsibilities of the members of the Regional Executive Committee can be found in 2.1.1 Responsibilities and Duties of the Regional Chairperson and 2.1.2 The Functions and Duties of the Regional Executive Secretary in the Induction Manual. Induction Module Training Materials – Participant Book, July 2010 20 1.2.6 Overview of District Councils What are District Councils? Each district in a region is represented by a District Council. The District Councils have self-administration powers. This means that district authorities have administrative powers to: Levy and collect taxes Provide services Lead district development undertakings Plan for their economic and social affairs Enact local by-laws We will look more closely at the roles, responsibilities and functions of District Councils in Unit 2 and Unit 3. Diagram 1.4: Membership of District Councils The Mayor and Deputy are elected by the District Council voting members. They may be invited to attend Council meetings to provide advice, but do not vote on Council decisions. Mayor (Chair) / Heads of Government Agencies / Departments Deputy Mayor (Deputy Chair) / These 3 positions make up the Executive Committee of the District Council District Council Elected Council Members Executive Secretary (Secretary) / Appointed by the Ministry of Interior and approved by the District Council. This person acts as the Secretary to the District Council and does not vote. Induction Module Training Materials – Participant Book, July 2010 These are elected voting members of the District Council. The number of elected members depends on the grading of the District. 21 We will look more closely at the membership of District Councils in Unit 2 and the way District Councils operate in Unit 4. This information is also presented in 1.3 District Councils in the Induction Manual. 1.2.7 Overview of Village Committees What are Village Committees? Each district is divided into villages, which have their own Village Committees. The Village Committees do not have self-administration powers like the District Councils. This means that they cannot levy taxes nor have their own functions. However, they are an extended arm of the district and carry out certain functions on behalf of the districts. Village Committees are involved in: Local decision making, dispute resolution and control over local resources. Mobilising citizens to participate in local development. Planning and implementation of local development activities. The Village Committee has an important role in the planning and implementation of local development activities. Village Committees meet on an ad hoc basis to consider issues that may be brought to their attention. Note that the roles of Village Committees can vary, depending on what is determined by the District Council. This information is also presented in 1.7 Village Committees in the Induction Manual. Induction Module Training Materials – Participant Book, July 2010 22 Diagram 1.5: Membership of Village Committees This person is proposed by the district executive committee in consultation with community elders and is approved by the district council. Village Head (Head of Committee) Village Committee (5-7 members) Village Committee Members These are proposed by the Executive Committee, and are approved by the District Council. ! It is essential to ensure that there is representation of different levels of the community (for example, men, women and minority clans) on the Village Committee. Note that the citizens of villages, districts and regions also have an important role to play in local government, and this will be explored in Unit 2. Activity 1.2 – True or False? This activity is designed for you to check your understanding of the information presented in this session, based on the questions below. Your trainer will ask you to work in pairs to discuss the following questions and circle the correct answer, also noting your reasons for choosing ‘True’ or ‘False’. Induction Module Training Materials – Participant Book, July 2010 23 You may need to refer back to the relevant places in this session to help you answer the questions. 1) One of the roles of the state government is to approve the district budget and amendments. ………True / False ………… Why did you choose this? 2) The Regional Chairman and Deputy are appointed by Ministerial Decree. …………True / False ………… Why did you choose this? 3) The Executive Secretary of a District Council is not able to vote on Council decisions. ………True / False ………… Why did you choose this? 4) Village Development Committees have self-administration powers, which means they can levy taxes. ………True / False …………Why did you choose this? Questions for Discussion 2: From your experience, is there ever any confusion about the different tiers of government – for example, Regions and Districts – and their identified roles and responsibilities? If so, how is this confusion usually resolved – can you give an example? End of Unit 1 – Communication Skills 1 Good communication is essential to being an effective District Councillor or employee. Your trainer will lead you through a discussion about good communication and an activity called ‘Telephone Game’, which illustrates what can happen if good communication is missing. Why is good communication important? Good communication can: Create awareness in people Facilitate greater participation in development activities Promote unity and cooperation Foster transparency and accountability Poor communication can lead to: The failure of development programs Confusion and misunderstanding Conflict How can we avoid misinterpreting other people’s messages? Put things in writing as much as possible. Don’t listen to gossip or rumours – go to the source of the information to find out the true story. Ask questions about what you have heard to get greater understanding. Don’t jump to conclusions about what you think the other person has just said. Induction Module Training Materials – Participant Book, July 2010 24 Unit 2: Overview of District Councils This Unit contains the following sessions: Session 2.1: Roles and Responsibilities of District Councils Session 2.2: Roles and Responsibilities of the District Administration Session 2.3: District Council Sub-Committees Session 2.4: Representation and Responsibility Who is this Unit for? This unit has been developed for the following participants: District Councillors, including Mayors and Deputy Mayors Executive Secretary District department staff and Heads of Departments Induction Module Training Materials – Participant Book, July 2010 25 Session 2.1 Roles and Responsibilities of District Councils Session To share ideas of what it means to be part of a District Council. Objectives: To increase understanding of the roles and responsibilities of a District Council and Councillors. Questions for Discussion 3: Discuss the following questions in groups of 3: As a District Councillor (or staff member), what do you think the people in your district expect of you? What do you think your District Council can achieve for the district? 2.1.1 Who is on a District Council and how are they chosen? Please refer back to Diagram 1.4: Membership of District Councils in your Participant Book. Additional information about Council Membership: The role of the Heads of Departments is to provide technical advice to the Council and they are not eligible to vote on council decisions. The Constitution of Puntland indicates that at such time when there are three political parties in Puntland, District Councils will be chosen based on competitive election. Until such time, District Councillors are selected on a clan basis. The term of office of a District Council is 4 years beginning from the date when the constitutional oath of office is administered to each member. 2.1.2 Grading of District Councils District Councils in Puntland are graded into ‘A’, ‘B’ and ‘C’ categories, which determine a number of things, for example: The number of elected members that can sit on the Council. The number of departments that are formed within the district local government. The number of sub-committees that a Council may form. The duration and frequency of Council meetings. Induction Module Training Materials – Participant Book, July 2010 26 The number of allowed Council members is as follows: Grade The Capital City (Garowe) Grade ‘A’ Districts Grade ‘B’ Districts Grade ‘C’ Districts Number of Members 27 25 21 17 Factors that determine the grade of a district: Population Geographic coverage Revenue base History the district Size of the district capital The President of Puntland, while considering the view of the heads of the Ministry of Interior, has the powers to alter the grades mentioned above when a district is considered to have made a step forward economically or socially. This information is also presented in 2.2 District Councils in the Induction Manual. 2.1.3 What are the Roles and Responsibilities of the District Council? The District Council has full powers to perform a wide range of functions and to offer a wide range of services within their area of jurisdiction, as follows: a) Enforcing and encouraging peace, stability, order and improvement of the rule of law. b) Promotion of economic growth and development. c) Promotion and care of the social welfare, such as education, health, water, electricity, sanitation, etc. d) Care and welfare for the environment, forestation, and animals and economic infrastructure. e) Setting up markets for the sale of goods, livestock and fish. f) Inspection of new buildings, and those that are being renovated or require demolition. g) Prevention and combating the problems posed by famine, storms, serious fires and any other matters which cause harm to the public. h) Evacuation of the public in the event of a disaster. i) Initiation and implementation of development programs and projects (these programs and projects should be gender sensitive). j) Promotion of the arts, sport and culture. k) Construction of water reservoirs in towns and villages. l) Construction, improvement and care of roads inside the towns of the district. Induction Module Training Materials – Participant Book, July 2010 27 m) Propose and request of improvement of the plans of towns in the district. n) Registration of the population of the district and safekeeping of records of birth, deaths and marriages etc o) Registration of the immovable property (fixed assets) of the residents of the district and that of the government. p) Establishment and improvement of commercial and manufacturing centres for use by the public. q) Encouragement of Islamic, national and international values. r) Preparation, approval and amendments of the budget of the local council. s) Initiation of rural development and promotion of local production. t) Promotion of self help projects. u) Proposes the restoration of public property in the sake of public interest and compensating to the victims as constituted in Article 90 of the Puntland charter. v) Improvement of burial activities and allocation and demarcation of cemetery. w) Preparation of places for resting, reading and viewing. x) Balancing the levels of required work and the planning and allocation of staffing for the departments of the local government while giving due regard to the level of employment and the grading of each District. y) Protection and care of the historic sites. z) Promotion of privatization and investment in joint venture between the government and private firms in the area of social services such as water, electricity, etc. aa) Dismissing the Mayor and the Deputy Mayor when they fail to carry out their mandated duties. bb) Ensuring disaster preparedness is embedded in the District Development Plan as a contingency plan. cc) Promotion of participatory planning and community participation in local decision making. dd) Organise and regulate public transport. ee) Construction of primary schools, MCHs and public houses. The information above is also presented in Appendix 1: The Duties of the Local District Council and Section 1.3.2: The responsibilities of the District Council, in the Induction Manual. Induction Module Training Materials – Participant Book, July 2010 28 2.1.4 What are the Roles and Responsibilities of the District Councillors? The elected members of the District Council are representatives of their district. They play the following roles: a) The District council members are selected by a committee of clan elders. They are part time members with no daily duties. They are supposed to come to the district headquarters when there are council meetings. (The District Council meets 2 times per year and should also meet with Village Committees 4 times per year). b) The selected Council Member is supposed to care for and follow the needs and complaints of the people, and has a responsibility to submit these needs/complaints to the District Council in which he/she is a member. c) To promote and coordinate the activities of the people in the village and encourage them to play their roles in developing the locality. d) To spearhead and coordinate activities aimed at improving the welfare and development of the community such as health, education, water, electricity and hygiene, etc. e) As a member of the local council, demonstrate, integrity, fairness, responsibility and patriotism all his/her actions. f) The District Council is responsible to monitor and evaluate the activities of the administration and in the district as a whole. g) The right to ensure revenue collection and other revenue generation activities in the municipality. h) The right to issue by-laws compatible to the legal framework i) Advise on land allocation for public goods. The information above is also presented in Section 1.5: Roles and responsibilities of Council Members in the Induction Manual. Induction Module Training Materials – Participant Book, July 2010 29 Activity 2.1: Analysis of District Council responsibilities Your trainer will guide you in this activity, which aims to help you develop your understanding of the roles and responsibilities of the District Council. Your trainer will ask you to work in small groups of 3-4 people. In your groups you will receive 2 or 3 cards and each card will be written with 1 of the District Council responsibilities, as identified in 2.1.3 above. In your groups, you will need to discuss and answer the following questions about the District Council responsibilities that are written on your card: Can you give an example of how this responsibility is currently carried out by your District Council? Can you think of ways your District Council could improve how it carries out this responsibility? Induction Module Training Materials – Participant Book, July 2010 30 Session 2.2 Roles and Responsibilities of the District Administration Session Objectives: To increase understanding of the roles and responsibilities of district administration, including the Executive Committee, staff and departments. To clearly identify the differing roles between the various entities of the District Council and administration. 2.2.1 What is the District Administration? The District Administration refers to the elements of a District Authority that are responsible for the day-to-day conduct of a district’s operation and administration. This includes: Executive Committee – composed of the Mayor, Deputy Mayor and District Executive Secretary District Departments and staff The principal duties of the administration are to: Provide administrative support to the District Council. Collect, analyse and disseminate technical information. Offer technical advice to Councillors. Implement government and council programs and projects in accordance with existing guidelines and policies and in collaboration with relevant sector ministries. Note that the administration is composed of paid employees, rather than elected Council members. The exception is the Mayor and Deputy, who are paid a salary, although they are also elected members the District Council. This information is also presented in 1.6: Roles and responsibilities of the Technical Staff in the Induction Manual. An example of the structure of a district administration for Bosaso District is provided in Diagram 2.1 below Induction Module Training Materials – Participant Book, July 2010 31 Diagram 2.1: Example Organogram of District Administration for Bosaso District There was an issue at the PL workshop about the location of the Deputy Mayor on this diagram. It was felt that the Deputy Mayor should be located to the side, and not directly below the District Mayor. This was not resolved that the workshop, but it was agreed that MOI would sit with Bosaso Mayor to amend diagram. Also, it is suggested that there be more detail about the roles of the departments, specifically developed for district staff. This can be developed for incorporating into the ‘District Staff’ version of the module, but there is a need to identify some information sources for this additional information (such as the functional assessment) Induction Module Training Materials – Participant Book, July 2010 32 2.2.2 What are the Roles and Responsibilities of the Executive Committee? As mentioned above, the Executive Committee is made up of 3 individuals: Mayor – also the Chair of the District Council Deputy Mayor – also the Deputy Chair of the District Council Executive Secretary – also known as the Secretary of the District Council We will look at the roles of each individual and then the responsibilities of the Executive Committee as a body. The frequency of meetings of the Executive Committee will vary from district to district and depends to an extent on the location of the individuals, for example, whether the Mayor lives in the district centre or further away. However, regular meetings of the Executive Committee are important for exchange of information and good communication on the progress of district activities and for moving projects along. 1. Roles and Responsibilities of the Mayor a) To be the Chair of the state government agencies at District level. b) To chair the meetings of the local district council and meetings between the District Council and Village Committees. c) To be the head of the Security Agencies at district level. d) To link the district council, the state government at district level and the regional administration. e) To co-ordinate, inspect and prepare the district reports f) Coordinates the activities of heads of the government agencies and heads of the armed forces at district level. g) In charge of and coordinated security matters in the district h) To implement District Activities Plan. i) To implement Council resolutions. j) To co-ordinate, inspect and prepare the district reports. k) To propose the budget of the district. l) To propose the bylaws and submit them to the council. m) To make and sign directives on the implementation of council decisions, resolutions and orders. n) To sign the agreements to which the local government is a party. o) To approve and sign payments of expenditure (cheques). The Mayor as Chairman of the Executive Committee must at the end of each year submit a full performance report of the District Authority to the Council. 2. Roles and Responsibilities of the Deputy Mayor The main role of the Deputy Mayor is to carry out the duties and functions of the Mayor in his/her absence as well as to carry out any of the above duties assigned to him/her by the Mayor. Induction Module Training Materials – Participant Book, July 2010 33 3. Roles and Responsibilities of the Executive Secretary The District Executive Secretary is the most senior official responsible for the administration of the local government of the district. The role of the Executive Secretary includes the following: a) To co-ordinate the work of the various departments and to pass on the governmental directives. b) To ensure that the resolutions of the Council and the orders of the Mayor of the District are implemented. c) To keep abreast of and to check on the work of the departments, and to ensure delivery of service. d) To gather and authenticate the reports of the departments of the district. e) To check on and encourage the fulfillment of) the work plans of the departments. f) To encourage joint decision making amongst the heads of the departments. g) To lead the departments of the local government of the District. h) To report on the employees, their promotion and proposals relating to their dismissal. i) To prepare and implement the budget. j) To follow the laws and regulations relating to financial management. k) To prepare the final (annual) accounts and the financial report. l) To confirm and inspect the sites where taxes and revenues are collected. m) To confirm and sign vouchers and cheques for payment of expenditure and to enter signatures in the invoices for payment of ordinary expenditure relating to the activities of the administration. n) To prepare the agendas (in consultation with the Mayor), minutes, submission of documents, give advice, summarize the outcome of the meetings of the Council, Permanent Committee, Executive Committee and non permanent ones of the sub-committee. o) Is responsible to undertake any lawful duty based on the resolutions of councils assigned to him by the District Mayor, he is to exercise powers given to him in this law. 4. Roles of the Executive Committee as an entity a) b) c) d) Implement the daily administrative duties of the district Supervise and ascertain smooth running of the district activities. Execute and implement the resolution of the council Implement and enforce the by-laws, resolutions and orders of the Permanent Committee of the district and the government. e) Prepare and execute the budget. f) Execute, implement and supervise the development projects. g) Prepare reports on the implemented activities in the council session and what has not been implemented and forward them to the Permanent Committee. Induction Module Training Materials – Participant Book, July 2010 34 h) Present to the Permanent Committee the emergency directives from the government that cannot wait the session of the council. i) Setting and proposing the recruitment of the Local Council permanent and temporary staff. j) Proposing the establishment of Village Committees k) Approval of the staff leave/holiday. Note that a committee called the ‘Permanent Committee’ is referred to in the above list. We will look more closely at the Permanent Committee in Session 2.3. The above information is also presented in Appendix II, Appendix III and Appendix IV in the Induction Manual. Questions for Discussion 4: What is your impression about the duties and responsibilities of the Executive Committee and its members given above? Are there some that you previously were not aware of? Are any of these surprising to you? Why?/Why not? Please note that the Technical Committee has been removed from these training materials, as the issue was raised in the workshop that this committee does not exist in Puntland. It was agreed to look at this matter further when doing the functional assessments of the districts, to determine what exists in the districts and what gaps there are. 2.2.3 What are the roles and responsibilities of district staff? 1. District Staff As employees of the district administration, the general duties of district staff are to: Carry out administration of the district and its council. Collect, analyse and disseminate information. Offer advice to Councillors. Implement government and Council programs and projects in their areas. The specific tasks that staff conduct will depend on the department they are employed with. Note that staff of these departments are hired by the districts and not by the respective line ministry. A problem for many districts is the level of overstaffing that currently exists within the departments. Some suggestions for better tailoring the staffing levels to the needs of the district include the following: Induction Module Training Materials – Participant Book, July 2010 35 Improve and expand staffing policies within local authorities. Create national policies to ensure that local authorities keep their staffing levels in check and do not allow overstaffing to occur. Develop municipal-wide policy, laws, by-laws and guidance relating to human resource management, primarily in the area of staffing. 2.2.4 What are the functions of the district departments? The departments that can be found within a district local government vary. For example, there are nine (9) departments in Bosaso and six (6) in Garowe Garowe District Departments Department of Administration and Finance Department of Public Works and Land Department of Revenue Department of Social Affairs Department of Planning Department Monitoring and Internal Audit Bosaso District Departments. Department of Labour and Personnel Department of Social Affairs Department of Monitoring and Auditing Department of Revenue Department of Planning Department of Fire Prevention Department of Land Department of Public Works Department of Finance Each of the departments can contain units and sections. According to Law no.7, Article 10, local governments have 5 departments. However, as seen above, the number of departments can vary and be increased, decreased or merged by the Ministry of Interior according to need, after obtaining written approval from the Ministry of Interior and the District Council. Example of Functions of Garowe District Departments A. Functions of the Department of Administration and Finance 1. To ensure, prepare, store and execute the budget of the Local Government of the District. 2. To prepare, safe-keep and store accounting documents of the administration and Induction Module Training Materials – Participant Book, July 2010 36 the budget. 3. To manage and look after the resources, storage facilities and offices of the Council. 4. To store and oversee the documents of tenders/contracts which the Local Government of the District is a party to. 5. To register the movable and non-movable (current and fixed) assets of the Local Government of the district. 6. To tender for printing, store and distribute the cash, tax, petrol and store receipts. 7. To compare the projected income and expenses of every month. 8. To prepare monthly, quarterly, semi-annual and annual accounts closure. 9. To procure, register and store goods. 10. To ensure daily, monthly and yearly revenue collection. 11. To ensure the return of receipt books and tickets used and their subsequent storage. B. Functions of the Revenue Department 1. 2. 3. 4. 5. 6. To collect the taxes of the local government of the district. To create and explore new economic sources. To pursue and secure the non-collected taxes of the previous years. To inspect markets and supervise the tax collection staff. To evaluate taxation staff and give them on job training. To register and collect taxes from the non-movable (fixed) assets of the residents of the district, e.g. buildings (stone building or mud hut), kiosks, farms, vehicles. 7. To advise on issues related to work and staff of the department. 8. To evaluate different types of taxes every year. 9. To collect the rent and leases of the local government assets and resources. 10. Carry out census and registration of income sources. 11. To collect daily revenues. 12. To recommend about creation and re-organisation of taxes. 13. To classify grades of licenses. C. Functions of the Public Works and Land Department 1. To implement projects and constructions. 2. To renovate local government buildings in the district. 3. To operate and service the vehicles, houses, offices and equipments of the local government. 4. To submit lists of new vehicles needed. To renovate and maintain roads, parks, stadiums and public grounds/parks. 5. To prepare and submit daily plans on fuel, oil and grease needed for the vehicles, motors and heavy duty machines of the Council. 6. To manage workshops, garages and their equipment. 7. To apply land plans and standards. Induction Module Training Materials – Participant Book, July 2010 37 8. To apply land laws and regulations. 9. To register land lease, ownership, private permanent buildings, land allocations and land survey. 10. To ensure care for and plan the standards of the public land. 11. To design and maintain district council buildings, roads, recreational sites, stadiums, schools, health centres, butcheries (abattoirs), bus stations, etc. 12. To classify and solve problems related technical land issues. 13. To plan and balance buses, taxis, tippers and lorries, donkey carts and their traffic and other related signs. 14. To make and prepare traffic signs. 15. To organise and place commercial sign boards. 16. To make, prepare and assemble electricity poles for roads, parks, recreational sites, celebration and functions sites. 17. Installation, maintenance and safety of electronics equipment, telephones, petroleum and fire fighting equipment. 18. To plan and organise the sewage system, water drainages, piped water supply system and other service systems under and above ground. 19. Safekeeping of ownership and other documents related to land allocations and registrations. 20. To ensure and harmonise plans and land allocations. 21. To construct streets and roads, estates and their numbering. 22. To carryout census, registration and numbering of the private and public buildings. 23. Demarcation and description of public places. 24. To re-organise construction plans and standardisation of land measurements by classifying them into categories of A, B, C and D so that every person will be able to build what he/she is capable of. 25. To prepare district development plans. 26. To carryout town fire fighting and beautification activities. D. Functions of the Social Affairs Department 1. 2. 3. 4. 5. 6. 7. 8. Cleansing, sanitation and beautification of the district. To develop the environment and natural resources of the district. To develop art, sport, literature and culture. To promote and encourage Islamic, national and international values. To care for the general sanitation and prevent communicable diseases. To evacuate the public in the event of a disaster. To build and renovate primary, Koranic school and mosques. Construction and management of centres for the care of the mother and child and the family management schools. 9. Prepare, plan, ensure and balance the need for the water points (kiosks) and their availability. 10. Management and oversight of rural development measures. 11. Improvement of burial activities and cemetery. 12. Prepare the table of shifts of the pharmacies and health centres. Induction Module Training Materials – Participant Book, July 2010 38 13. Oversee the suitability/usage of medicine and canned food items and their expiry dates. 14. Improvement of markets for the sale of local crops and to promote their consumption. 15. Enforcing good behaviour and supporting needy people. 16. To fix prices of commodities and protection of stable food. 17. Enforcing good conduct, operating time of the video centres, cinemas and marriage halls. 18. Registration and census of the population after the authorisation and regulating laws from the Ministry of Interior in order to harmonise the article on this and the responsibility of the Ministry on the same in the citizenship law. ! It is important to be aware that the role of the District Council is one of policy making and oversight, while the role of the departments is that of implementation and delivery of the policies and functions of the Council. It is not the role of Councillors to be involved in the day-to-day execution of the administrative tasks related to implementing Council policies, although this confusion between the roles of Councillors and administration does exist within some District Authorities. 2.2.5 Links to other levels of government and government agencies The following links can be identified: The District Mayor and the District Executive Secretary are the link of the District Council to the regional administration and state government. For example, the Mayor is a representative on the Regional Development Committee and has meetings with MOI. The District Council coordinates the activities of state government agencies at the district level and the district administration implements government policies and programs. District administrations report to the MOI on the use of government financial transfers, management of district own revenue and the progress of government programs and projects. The District Mayor liaises with the District Police Commissioner regarding the mobilisation of the police relating to issues such as land disputes or revenue collection. The District Police Commissioner reports to the District Mayor, while informing superiors at the regional and national levels. Induction Module Training Materials – Participant Book, July 2010 39 Activity 2.2: Hypothetical Situation Your trainer will guide you in this activity, in which you are presented with a real life situation that might occur within a District Council and administration. You will be asked to give your ideas on the appropriate action to take. You will need to refer to Activity Sheet 1 at the end of your Participant Book to complete the activity. Your trainer will ask you to work in groups of 4 and read the hypothetical situation in Activity Sheet 1. In your groups, discuss the questions that follow the situation and then report back in plenary. Induction Module Training Materials – Participant Book, July 2010 40 Session 2.3 District Council Sub-Committees Session Objectives: To understand the purpose and composition of district subcommittees. To explore the issues that a sub-committee might bring to a District Council meeting. 2.3.1 What are sub-committees and how are they formed? Sub-Committees are smaller committees of the District Council that can be established to assist the District Council in carrying out its duties. These sub-committees are established by the District Council during its first ordinary session in every year. Like the District Council, sub-committees can invite staff members from the relevant department to attend meetings to provide technical advice. The District Mayor can attend sub-committee meetings to provide advice, but he/she cannot vote. Diagram 2.2: Composition of Sub-Committees The Sub-Committee Chair is elected by the Council from the Sub-Committee members. Sub-Committee Chair / District Sub-Committee Sub-Committee Members (3-5 members) Each Council member can be a member of 1 sub-committee. That is, a councillor cannot belong to 2 sub-committees at the same time. Induction Module Training Materials – Participant Book, July 2010 41 2.3.2 What are the responsibilities of sub-committees? In general, the role of the sub-committees is to: a) Oversee, verify, follow-up and ascertain the implementation of the resolutions of the District Council. b) Advise on and point out any oversight in the administration of the council departments. c) Promote and support the departments of the local government of the District. d) Gather reports about complaints and accusation of the people. e) Prepare the agenda relating the needs of the people which will be tabled in the sessions of the district council. f) The Local Councils can establish the following three sub-committees: The Procurement and Tender sub-committee. The Technical Sub-committee Conflict resolution Sub-committee The sub-committees of the council can be increased, decreased or merged in accordance with its needs. The Puntland Induction Manual outlines the 3 different district sub-committees as shown above. Should we still include information about the following sub-committees below, even though the Puntland districts may not have these sub-committees, eg Economic and Development? There is also a discrepancy in that we have been told that the Technical Committee does not exist in Puntland and therefore I have removed any reference to it in the materials. However, the Induction Manual identifies a ‘Technical Sub-Committee’ (above) – what is the role of this sub-committee? 2.3.3 What are the main sub-committees of a District Council? As with the district departments, the number of sub-committees that a District Council can establish will depend on the grading of the district as shown below: Grades ‘A & B’ districts Sub-Committee Responsible for… Economic and Development Supervision of: 1. Economic development and implementation of projects. 2. Review and recommendation of accounts closure. 3. Coordination and encouragement of self-help schemes. 4. Creation of new economic sources. 5. Oversight of the financial management and budget of the district. Induction Module Training Materials – Participant Book, July 2010 42 Peace and Conciliation 1. Peace, mediation and resolution of disputes arising within the district. 2. Follow up, auditing and reporting from the security agencies at the district level. Social Affairs Supervision and reporting from: 1. Health, Education, Environment, Water, Electricity, Care and the Mosques and Koranic schools, Hygiene, Sports, Art and Literature. General Works Supervision and reporting from: 1. Land Allocation, registration, general distribution and planning. 2. Allocation of land for industrial, business, tourism, diplomatic, military, public residence etc 3. Planning and classification of land for permanent and temporary use. 4. General work services. Grades ‘C&D’ districts Sub-Committee Responsible for… Economic and Development and General Works Economic, financial management and supervision and reporting on land management and general works. Social Affairs and Peace Peace, resolution and disputes and security matters at the district level, also supervision and reporting of social and religious affairs. 2.3.4 What else do we need to know about Sub-Committees? Sub-Committees should meet on a regular basis to exchange information and report on issues that need to be brought to the attention of the District Council. Each Sub-Committee should work closely with the relevant district department, for example: Induction Module Training Materials – Participant Book, July 2010 43 Sub-Committee Economic and Development Social Affairs General Works Peace and Conciliation Relevant Department - Administration and Finance - Taxes - Social Affairs - Public Works and Land - Security Agencies at district level Sub-Committees should report at each District Council meeting and more regularly to the Executive Committee. There are some things that Sub-Committees cannot do, including: 1. Taking charge the operations and functions of the departments. 2. Sign documents relating to: a. Land allocation b. Land ownership c. Land survey documents d. Income and expenses records. 3. Giving direct orders to the Local Council Departments or staff 4. Legislate by-laws and regulations 5. Tax exemption 2.3.5 What is the Permanent Committee? The Permanent Committee consists of: a) The Chairman of the Local Council (Mayor) and 8 Council Members (for Grade A districts) b) The Chairman of the Local Council (Mayor) and 6 Council Members (for Grade B districts) (see Article 15 of Law no.7) The purpose of the Permanent Committee is to make provisional decisions on behalf of the District Council during the period between the sessions of the Council. The Permanent Committee must meet at least once every month (see Article 20, Law no.7) The committee will have sessions during the period between the full council sessions, it has the power to make provisional decisions on sensitive or unpredictable issues that cannot wait the ordinary full council meetings, such as issues of a security, political and administrative nature that are raised by: a. The government b. Local council sub-committees c. The administration or popular issues within the people. Induction Module Training Materials – Participant Book, July 2010 44 d. Unpredictable issues such as disasters, etc. The permanent committee of the local council will submit its provisional decisions to the subsequent full council session. The Permanent Committee recommends on the formation of Village Committees. Activity 2.3: Sub-Committee Issues Your trainer will give you instructions for this activity, which is designed to help you identify the kinds of issues that a Sub-Committee might raise at a District Council meeting. Your trainer will ask you to work in groups. Each group will pretend to be one of the 4 Sub-Committees of Unity District Council. Each ‘Sub-Committee’ group will identify an issue that a Sub-Committee might raise at a District Council meeting. For example, the Peace and Conciliation Sub-Committee might raise an issue such as: A group of citizens has complained to the Peace and Conciliation SubCommittee about a dispute between neighbours in their village which has not been resolved by the Village Council. You will use the issue you identify as the basis for another activity in Unit 4 of this training. Induction Module Training Materials – Participant Book, July 2010 45 Session 2.4 Representation and Responsibility Session Objectives: To explore some of the principles that should guide the actions of Councillors and district staff in their roles. To reflect on what it means to represent a district and how this should influence the decisions and actions of Councillors and district staff. Questions for Discussion 5: Discuss the following questions in groups of 3: What are some of the principles that you think should guide your actions as a Councillor or district staff member? What special strengths or qualities do you think you bring to your District Council? For example, are you a good listener, are you a proactive person etc Activity 2.4 – Taking your ‘representation’ temperature Your trainer will guide you in an activity where you will explore your ideas and perceptions of what it means to be a representative. You will need to refer to Activity Sheet 2a at the end of your Participant Book to complete the activity. Note that this activity is a self-reflection activity, which means that you have an opportunity to reflect on the views you have about certain topics and why you have these views. You do not have to share your responses unless you want to, therefore you will get the most benefit from the activity if you are honest in your responses. When you have finished, your trainer will ask the following questions in plenary: How did you find the exercise? What was easy/difficult about it? What effect (if any) has it had on you? Why should we consider these kinds of statements? Induction Module Training Materials – Participant Book, July 2010 46 2.4.1 What does it mean to represent a district? District Councillors have a number of responsibilities relating to how they represent the people of their district, as follows: As a Councillor, you have been selected to represent all people in your district. District staff are not elected members, but as local government employees they also have a responsibility to implement the decisions of the Council in a transparent and accountable way. Councillors also need to ensure that they listen to and voice the concerns of all citizens in the district. This includes women, youth, people from other clan groups and other marginalised groups. Councillors also have a responsibility to make decisions relating to the development of the district and allocation of public resources (for example, tax revenue). It is important to exercise this responsibility in a transparent and accountable way. Questions for Discussion 6: Discuss the following questions in plenary. What do the terms ‘transparency’ and ‘accountability’ mean to you? Can you give some examples? 2.4.2 What do we mean by ‘transparency and accountability’? Transparency and Accountability are terms used a lot in discussions about good governance. But what do they actually mean? Transparency Transparency comes from the idea that a ‘transparent’ object is one that can be seen through, like a glass for example. It implies openness, communication, and accountability. Transparent procedures include open meetings, financial disclosure statements, budgetary review, and audits, among other things. Accountability Accountability is a term often used along with such concepts as responsibility, answerability, enforcement, blameworthiness, liability and other terms associated with the expectation of account-giving. Induction Module Training Materials – Participant Book, July 2010 47 Accountability can be explained with the following example: I am accountable to you when I am obliged to inform you about my actions and decisions (past or future), to justify these actions and decisions and to suffer punishment in the case of eventual misconduct as a result of my actions and decisions. In leadership roles, accountability is the acknowledgment and assumption of responsibility for actions, decisions, and policies including the administration, governance and implementation of such decisions and policies. It also includes the obligation to report, explain and be answerable for resulting consequences of these decisions and policies. Source: Adapted from ‘Wikipedia’, http://en.wikipedia.org/wiki/Accountability 2.4.3 What is the role of citizens? Citizens also have an important role to play in ensuring that they are represented by their Councillors in an appropriate way. They can fulfil their roles in the following ways: a) Participate in the election of District Councils (in the future, once competitive elections are established). b) Participate in community development activities of self help nature. c) Contribute labour or money towards implementation of community projects. d) Funding of development activities in the District through payment of taxes. e) Take part in participatory planning and monitoring of community projects. f) Receive and consider progress reports from the District Council as presented by the Councillor(s) representing them. g) Participate in the budget preparation process. Point f) is very important, as communication between the Councillors and the community is a fundamental aspect of the role of the Councillor. The community (including both men and women) has a responsibility to hold their District Councillors to account by ensuring that they are fulfilling their reporting requirements. Induction Module Training Materials – Participant Book, July 2010 48 This information is also presented in the Induction Manual, 1.9 Roles and responsibilities of other stakeholders. 2.4.4 What are some aspects of good communication between Councillors and the community? Communication mechanisms include the following: Letters Attending meetings – District Council, Village Committees Notices on public noticeboards Email communication Phone calls Reports Sharing information Diagram 2.3: Communication Flow Good communication flow between the District Council, Councillors and the community should be a two-way process: District Staff Councillors need to bring the concerns of the citizens to the attention of the District Council. District Council Councils need to ensure their meetings and decisions are properly recorded and circulated to Councillors. Individual District Councillors Citizens need to voice their concerns to their District Councillors. Councillors need to ensure that decisions and information from Council meetings are reported back to the wider community. Citizens of the District Activity 2.5 – Action Plan for Improved representation Your trainer will guide you in an activity where you are asked to put some ideas on paper about how you could improve the way you represent people at a local level, given the ideas presented in this session. Induction Module Training Materials – Participant Book, July 2010 49 You will need to refer to Activity Sheet 2b at the end of your Participant Book to complete the activity. The Activity Sheet is a set of action points to help District Councils improve the way they represent the people in the district. In your groups, you will be asked to identify some ways that you can address each of the points, both as an individual Councillor and as part of a District Council. End of Unit 2 – Communication Skills 2 Your trainer will continue the topic of good communication by leading you through an activity called ‘Folding Paper Game’. This game demonstrates how instructions can easily be misinterpreted if they are not explained clearly. Why are instructions often misinterpreted? Instructions might be misinterpreted if the speaker does the following: Has not specified exactly what they want the listener to do. Assumes that the listener has adequate knowledge to understand the instructions. Uses words and examples unfamiliar to the listener (especially ‘jargon’). Continues giving instructions when the listener’s attention has been distracted. Does not allow an opportunity for the listener to ask questions. Instructions might be misinterpreted if the listener does the following: Jumps to a conclusion about what the speaker want them to do. Does not ask a question to clarify a point if needed. Nodding head in agreement but are not sure what they are being asked to do. Is distracted and not giving their full attention to the speaker (for example, looking at their computer, thinking about lunch etc). How can we ensure that we have understood instructions correctly? Ask for clarification if not sure or if something is not clear – it is better to ask a silly question than to make a silly mistake. Repeat back to the speaker what you have just heard. Induction Module Training Materials – Participant Book, July 2010 50 Unit 3: Functions of District Councils This Unit contains the following sessions: Session 3.1: Financial Management Functions Session 3.2: Planning, Administrative and Legislative Functions Session 3.3: Delivery of Public Services and Local Economic Development Who is this Unit for? This unit has been developed for the following participants: District Councillors, including Mayors and Deputy Mayors Executive Secretary District department staff and Heads of Departments Induction Module Training Materials – Participant Book, July 2010 51 Session 3.1 Financial Management Function Session Objectives: To identify the different financial management functions of a District Council. To outline the parties responsible and actions involved in carrying out each of the financial management functions. 3.1.1 What are the financial management functions of the District Council? Diagram 3.1: Financial Management Functions of District Councils 1. Set and adjust different forms of taxes relating to the district. 5. Other financial management functions including: Close District Council Accounts, Receive donations (but not take on debt), Auction Assets where approved. (Article 36, Law no.7) Financial Management Functions 2. Receive financial transfers from the state government. (Article 35, Law no.7) 4. Enter into contracts with other parties for provision of goods, works or services. Article 44, Law no.7) 3. Prepare and approve the annual district budget. Article 33, Law no.7) This information is also presented in the Induction Manual, 3.1 Financial Management Function. Induction Module Training Materials – Participant Book, July 2010 52 3.1.2 Taxes and Service Charges 1. Set and adjust different forms of taxes relating to the district. This function is important, as local taxes and charges are one of the main sources of revenue for a district. Who is responsible? The following parties are involved in this financial management function: Who? Department of Revenue Responsible for… The collection of taxes. Evaluation of different types of taxes each year. Recommend on creation and reorganisation of taxes. Recommend to the Executive Committee about untapped revenue sources Sub-Committees Economic and Development District Council Set and adjust levels of taxes. Legitimise untapped taxation sources. Approve financial management and taxation related bylaws. MOI Provide M&E function to the municipal finance functions. Executive Committee Implement and enforce the by-laws, resolutions related to municipal financial management and taxation. Responsible for day to day financial management functions of the districts. Oversight role of the financial management, taxation and budget of the district. Propose financial management and taxation bylaws to the District Council Other information about this function: Local councils have a full mandate to pass bylaws and regulations relating to taxation. Property taxation is the leading revenue source for most district authorities. Taxes are collected through the Department of Revenue. Revenue is collected in cash and an official receipt must be issued for every collection. The percentage of the collected taxes to the mandated taxes remains quite low in most district authorities. In other words, most district authorities are not collecting all the taxation revenue that they are entitled to collect. Induction Module Training Materials – Participant Book, July 2010 53 Please refer to Law no.7, Annex A and the Induction Manual, 3.1.1 Local Sources of Revenue of District Councils, for examples of taxes and charges and other revenue sources. 3.1.3 Intergovernmental transfers 2. Receive financial transfers from the state government. Government transfers are another important revenue source for districts. Who is responsible? The following parties are involved in this financial management function: Who? Department of Finance Responsible for… Transfers are usually credited into the district bank account upon request from the Mayor and proof of satisfactory liquidation of the previous grant. Sub-Committees Economic and Development District Council Oversight role of the financial management and budget of the district. The transfers are based on a revenue sharing arrangement between the State government and the District Council. District Councils must account to the state government for the use of financial transfers. Ensure that the use of financial transfers is in accordance with MOI guidelines Ministry of Interior The MOI has set guidelines regarding these transfers. Responsible for the release of grants. Ministry of Finance Collection and accounting of financial transfers at customs. Financial transfers to district accounts after getting necessary verification from MOI. Other information about this function: The Capital Law no.3 (2006) specifies that 3% of the total government income should be allocated to the development fund to finance development projects in the capital city of Garowe. The transfers are made as a monthly block transfer of funds. Districts where customs are located receive 2.5% of the total customs duty of their respective ports. The MOI guidelines stipulate that 40% of this revenue is allocated to the development fund to finance development projects in the district. Induction Module Training Materials – Participant Book, July 2010 54 3.1.4 Annual District Budget 3. Prepare and approve the annual district budget. The district budget identifies expected income and expenses for the coming year. Who is responsible? The following parties are involved in this financial management function: Who? Department of Finance Responsible for… Preparation of the details of the budget, showing planned income and expenses for the coming year, including revenue estimates and budget requests from Department Heads. Follow the guidelines of the Ministry of Finance in budget preparation. Sub-Committees Economic and Development District Council Ministry of Interior Budget Committee (Executive Officer, Heads of Departments, Budget Officer from the Finance Department) Does this committee exist? Oversight role of the financial management and budget of the district. Involve citizens in identifying priorities at the very beginning of the budgeting process. Ensure the viability of the proposed activities in the financial plan (budget) Approving the budget and forwarding to the Ministry of Interior. Ensure consistency of the district budget with the financial laws and regulations and rationality of the budget vis-à-vis the previous ones. Review and approve the budget. On approval, it issues a ministerial directive for the budget’s implementation. Review department budget requests and propose any necessary adjustments. Technical review: numerical accuracy and completeness. Programme Review: ensure the viability of the proposed activities. Revenue review: each revenue category should be reviewed to check for numerical accuracy and reasonableness. Induction Module Training Materials – Participant Book, July 2010 55 Other information about this function: The budget of the Local Council is part of the national budget and is a basic economic resource for the Local Council. The budget must be prepared 3 months before the beginning of the year. This means the preparation should start in September in time for approval by the 1st January. The District Council can only spend within the provisions of the budget. That is, it cannot spend money on things that have not been included in the budget. The budget can be revised in the last 6 months of the fiscal year, from July 1 if there is any increase in income and this should be forwarded to MOI for approval. Any increase in income can only be spent on development projects. (keep this point? – not mentioned in Induction Manual or Law no7) Diagram 3.2: Development of the District Budget January The Ministry of Finance approves the budget before January 1 st (is this correct?) October The budget is forwarded with comments to MOI by 15 October. September The budget is forwarded to the Regional Development Committee by 30 September. The budget is presented to the District Council for approval. The Department of Finance prepares a projected budget in September. Please refer to the Induction Manual, 3.1.3 The District Budget, and Article 33 of Law no.7, for further information about the district budget. Induction Module Training Materials – Participant Book, July 2010 56 3.1.5 Agreements and Contracts 4. Enter into contracts with other parties for provision of goods, works or services. This is related to the procurement of goods, services and works. Who is responsible? Who? Staff and Departments Responsible for… Heads and staff of departments prepare tender and contract documents; participates in the evaluation process and make recommendations, but do not vote. Department of Finance is responsible to store and oversee the contracts that the District is a party to. Sub-Committees Economic and Development General Works District Council Establishes a Tendering Committee to manage the procurement process of goods and services. Ministry of Interior Ensures compliance with national procurement law and dispute resolution. Economic and Development Sub-Committee: Financial oversight role General Works Sub-Committee: Overseeing the delivery of contracts Other information about this function: The agreements or contracts can be entered into with an individual, group, company or agency/organisation. The District Executive Committee is authorised to enter into contracts for goods, services and facilitation of administration tasks on behalf of the District Council up to a limit of 50 million S/Sh. The Tendering Committee should be proposed by the Mayor and approved by the District Council. The Tendering Committee will be responsible for the district procurement process. Tenders will be presented to the public 10 days in advance and will be publicised by fixing the tender notice documents on notice boards and other suitable places. Tenders relating to the financing of projects, purchase of transport, office and household equipment, new buildings and any other tenders relating to goods must be submitted through the Regional Tender Board, where the Regional Chairman is the chair. Induction Module Training Materials – Participant Book, July 2010 57 3.1.6 Other Financial Management Functions 5. Other financial management functions including: Close District Council Accounts, Receive donations (but not take on debt), Auction Assets where approved. These are smaller functions, but it is still important that they are carried out correctly. Who is responsible? The following parties are involved in this financial management function: Who? Department of Finance Responsible for… The preparation of financial reports for the closing of accounts. Sub-Committees - Economic and Development Review and recommend on the accounts closure. Ensure transparency in public administration and efficiency in public expenditure. District Council Forwards a copy of the closed accounts to the MOI and the National Auditor General. Receives donations from permitted sources. Approves the auctioning of any Council assets. Ministry of Interior State government, local and international organisations or companies, development partners and the public or Diaspora communities. Receives and reviews copies of the closed district accounts. Assists the District Council to borrow funds in the case of emergencies such as natural disasters or security issues that have not been budgeted for. Approves the auctioning of any Council assets. Issues a Ministerial Directive to the Tendering Committee for the auctioning of approved assets. Are permitted to make donations to District Councils. These donations may be cash, equipment, vehicles or any other honorary gifts. These donations will be part of the assets/resources of the council and they will be registered. Other information about this function: The closing of accounts takes place on a monthly, quarterly and annual basis. Induction Module Training Materials – Participant Book, July 2010 58 The District Council is not permitted to borrow from the public, government agencies, companies or incur any expenses that are not in the budget. Before the auction of any assets, the Annual Board of Survey must recommend and clarify in its report, the type of asset that needs to be auctioned and why. The income received from the auction of assets must be returned to the district of original and must appear in its budget. Activity 3.1: Financial Management Scenarios Your trainer will guide you through this activity, which requires you to work in groups and consider some financial management scenarios that you might encounter in your district. Your task will be to identify solutions to the issues that arise in each scenario. You will need to refer to Activity Sheet 3 at the end of your Participant Book to complete the activity. Your group will need to read its allocated scenario and then try to identify: Some reasons why this situation might be occurring in Unity District Some ideas on how the Unity District Authority could address this situation. Induction Module Training Materials – Participant Book, July 2010 59 Session 3.2 Planning, Administrative and Legislative Functions Session To become familiar with the planning, administrative and legislative Objectives: functions of a District Council and the roles of different bodies. 3.2.1 What is the Planning Function of District Councils? The District Council has a mandate to deliver social and economic services to the district. This requires planning, in order to ensure that these services are implemented where the need is greatest and where they will be most effective. Who is responsible? The following parties are involved in the planning function: Who? Department of Public Works and Land Department of Planning Sub-Committees - General Works - Social Affairs - Economic & Development Responsible for… The Planning and Project Services section has responsibility for drafting the District Development Framework, after consulting with relevant sector ministries, heads of district departments and community leaders. District Council Ensure community priorities are reflected in the district plans. Enable collective prioritisation of available resources. Make the municipality accountable to its citizens. Can identify local needs for the district within the overall development plan of the state government. Establishes a District Planning Committee, made up of Councillors and district technical staff. (note: law no.7 is silent on putting in place a District Planning Committee) Implementation and monitoring of government development programs and projects. Ministry of Interior Reviews and approves District Development Plans. Ensure compliance with the approved plans Sector Ministries Sector Planning Committees are established in each sector to carry out sector planning. Ensure district plans are in line with sector policies Induction Module Training Materials – Participant Book, July 2010 60 Other information about this function: The district development plans must be in line with the national development plan. The role of the District Council in district planning will be looked at more closely in Module 2: Planning. 3.2.2 What is the Administrative Function of District Councils? The administrative function refers to all the tasks related to staff recruitment, appointment, dismissal as well as salary and allowances. Note that the legal provisions empowering District Councils to hire staff are not clear. However, in practice, the District Council does hire local staff. Who is responsible? The following parties are involved in the administrative function: Who? Staff and Departments Responsible for… Heads of Departments are employees of the District Council. Administration and Finance Department has a Personnel Services section which handles the administration relating to staff matters. Executive Committee District Council Recruitment, appointment, promotion and dismissal of Heads of Departments. Sets allowances of the Department and Section Heads and general staff. Appoints Heads of Sections and Branches and other staff after consultation with District Council and Heads of Departments. Approves allowances of staff as proposed by the Executive Committee. Has the authority to hire local staff. Ministry of Interior Ministry of Finance Determines the salary base of the Mayor, Deputy Mayor, Executive Secretary and Department and Section Heads and general staff through a salary classification system for all government. Ensure compliance with different administrative policies. Provide technical support in drafting administrative regulations and approve them. Induction Module Training Materials – Participant Book, July 2010 61 3.2.3 What is the Legislative Function of District Councils? The Regions and Districts Law gives power to District Councils to pass by-laws to support and manage the activities of the Council. Who is responsible? The following parties are involved in the legislative function: Who? Departments - Public Works (Planning & Land) - Finance - Taxation Responsible for… Enforcement of the by-laws and regulations passed. Drafting of by-laws under direction from the Council. Executive Secretary District Council Ministry of Interior Forwards the official copy of the by-law and Council resolutions to the Minister of Interior. Enforcement of the by-laws and regulations passed. Conducts investigation and consideration of the proposed by-law and its effects and the likely public perception. Official publication and presentation to the public and media of the passed by-law. Passes by-laws at Council meetings Reviews proposed by-laws before they are enacted by the District Council. Other information about this function: Any by-laws must be consistent with the Constitution and with existing legislation. District Councils can pass by-laws to regulate and implement its activities or other issues from the state government. If the Local Council is unable to pass by-laws, the Ministry of Interior can give advice and recommendation about the need for passing by-laws. If the Council is still unable to pass by-laws for the second time in 45 days without compelling reasons, after receiving advice and recommendations, then the Ministry of Interior can pass by-laws regarding the issue about which it has recommended. Induction Module Training Materials – Participant Book, July 2010 62 Questions for Discussion 7: Discuss the following questions in groups of 3: Have any of your group been involved in any of the above functions, for example: - District Planning activities - Administration of staffing matters - Developing and passing a by-law If yes, share your experiences with the rest of the group. What was the process? What was the outcome? 3.2.4 What is the process of developing and passing by-laws? Diagram 3.2: Development and passing of by-laws What is the process? 6. Enforcement of by-law Once a by-law is passed, it is the Council staff who have responsibility for ensuring that the by-law is enforced in the community. 5. Publication of by-law Any by-law that has been passed must be officially published and presented to the public in the media, or displayed in public places. 3. & 4. Review and passing of by-law The Law no.7 states that the Ministry of Interior must review the proposed by-law before it is enacted by the District Council. However, in practice, the District Council usually approves the by-law at a Council meeting before sending to MOI for final approval 2. Drafting of by-law The by-laws will be drafted by the relevant technical department, for example, any by-law on financial management is drafted initially by the Finance department. 1. Preparation of by-law The District Council must do some background work in preparation of the by-law, including: Investigation of the issues and effects of the by-law Receiving technical advice from departments Consideration of public perception of the by-law Induction Module Training Materials – Participant Book, July 2010 63 Session 3.3 Delivery of Public Services and Local Economic Development Session To outline the functions of delivery of public services and local Objectives: economic development that District Councils have a responsibility to provide and promote. To explore the importance of participation in the delivery of public services and local economic development. 3.3.1 What is involved in the delivery of public services? Local governments have the responsibility for social and economic development and provision of public services in their area of jurisdiction and the District Council is mandated to carry out activities to improve the welfare of people in the district. Who is responsible? The following parties are involved in the delivery of public services: Who? Social Affairs Department Public Works and Land Department Responsible for… Social Affairs has a ‘Waste Management Services’ section, responsible for caring for general sanitation of the district. Public Works and Land has a ‘Construction and Road Services’ section, responsible for… Executive Secretary To coordinate and guide the work of the various departments and to pass on the government directives. District Council Work in collaboration with relevant sector ministries to bring about the delivery of public services. To oversee the delivery of equitable services Regional Development Committees To promote and translate the economic and social policies of the state government to the districts of the region. Induction Module Training Materials – Participant Book, July 2010 64 SubCommittees Ministry of Interior The Economic and Development sub-committee promotes economic development and the implementation of development projects. The Social Affairs-committee oversees health, education, water and sanitation, power generation and other social services The General Works sub-committee oversees delivery of public works services To ensure and supervise the implementation/compliance of laws, regulations and resolutions; and sectoral policies from state government. Has powers to inspect assets and activities of the local councils. Sector Ministries The District Council will liaise with the relevant sector ministry on any public service that is to be implemented in the district. Private Sector Delivery of public services Other information about this function: The District Council must be guided by existing sector policies and laws, which are outlined below. Diagram 3.3: Legislation, Policies and Strategies relating to the delivery of public services Legislation, Policies and Strategies 1. The Land Tenure Act Road Sector Strategy 2a. The Puntland National Water Policy 2b. The Puntland National Water Strategy 3. Puntland National Agricultural Policy National Development Plan Does all of the above legislation/strategies/policy apply in Puntland? And/or are there other relevant legislation/strategies/policy that can be included here? Induction Module Training Materials – Participant Book, July 2010 65 3.3.2 Details of relevant legislation and policies 1. The Land Tenure Act This Act provides for creation of the District Environment Committee/Land Management Committee, of which the Mayor and two Councillors are members. The Act also provides for creation of Tuulo Environment Committee. These Committees are responsible for: The management and protection of common rangeland and forestry resources Wildlife resource use Rural water and resource use Forestry resource use and conservation Land resources tenure Land use administration issues 2a. The Puntland National Water Policy and 2b. The Puntland National Water Strategy These two documents emphasise a decentralised approach to service delivery. The planning, implementation and management of water resources are best done at the local level, in order to take into account the local context, demand and capacities. 3. Puntland National Agricultural Policy Local government will have an increasingly important role to play in the implementation of the National Agricultural Policy, strategies and programs. Local Government will guide and implement the development initiatives needed to support agricultural production. This function includes: Promoting investment in the agriculture sector Participating in the formulation of policies and the regulatory and institutional framework Facilitating promotion of research Training and the provision of advisory services Facilitating private sector marketing and access to financial services Ensuring effective coordination with the other sectors Induction Module Training Materials – Participant Book, July 2010 66 3.3.3 What is involved in local economic development? District councils also have a mandate to undertake local economic development and must accordingly exercise powers and functions to create an enabling environment for business and employment creation. There are a number of ways that local economic development can be promoted and encouraged in a district, in order to help create decent employment opportunities, with different roles outlined below. Who is responsible? The following parties are involved in promoting local economic development: Who? Staff and Departments Responsible for… Identifying and exploiting economic opportunities. Reducing nuisance regulations that inhibit formal sector business growth and reduce local tax revenue Creating an enabling environment for businesses to prosper, for example, infrastructure investment, training, access to finance etc. Sub-Committees - Economic and Development District Council Ministry of Interior Promoting economic development and implementation of projects. Coordination and encouragement of self-help schemes. Diversification into new economic sectors with growth prospects. As local leaders, Councillors can promote local economic development in the district, for example, investment promotion. Provide leadership in building partnerships for diverse actors interested in local economic development. Coordinating and fund raising for local economic development projects. Ensure high standard of service delivery. Ensure district plans have local economic development element. Provide policy and technical guidance to district councils to initiate Local Economic Development activities. Chamber of Commerce Coordinate business development at the district level with the district authorities. Public Private Partnerships Platforms Developing and implementing LED strategies Induction Module Training Materials – Participant Book, July 2010 67 Other information about this function: Local Economic Development promotion can include: Playing a leading role in identifying and encouraging partnership arrangements between private and public stakeholders in the district. Actively encouraging and facilitating the involvement of local stakeholders in their own development using participatory mechanisms. Designing and implementing common strategies for local development by making use of local resources. Taking initiatives and actions that respond to the need for an integrated approach to local level development. Provide incentives (fiscal, land development, marketing) to attract private investment. Promoting local business development through procurement policies. The creation of more businesses generates more income to the councils in the form of local taxes and fees, which in turn contributes to financing the delivery of basic services. As part of the District Development Framework, key stakeholders in a district must come together to reach agreement and take decisions to make the economy grow and create income opportunities for more people, especially for the poor and marginalised. 3.3.4 Why is participation important for local economic development? Participation Participation is a process which enables members of the community to contribute to important work in the community, by their own choice. This contribution can be in the form of money, effort, offering opinion, being involved in decision making or all of the above. A participatory process provides a good opportunity to be closely involved in the development of a community and in particular its economic development. Induction Module Training Materials – Participant Book, July 2010 68 Activity 3.2: Participation in local economic development Your trainer will ask you to read the following story and then discuss in groups: A fishing village named ‘Achieving Village’ called a series of community meetings involving the local administration, private sector and civil society to deliberate on the key challenges and opportunities for reviving their local economy. Following intensive discussions, a range of priorities were highlighted. However, due to limited resources within the village, the community decided to choose the intervention that would have the most direct impact across the community. The choice was to build a road linking the coastal village to the main market towns. As a result, fishing activity expanded due to increased demand for fresh fish. This in turn stimulated business activity, for example, boat makers, nets providers and fish processor. Furthermore the local administration revenue base increased as a result of a more buoyant tax base. **This story contributed by ILO. Questions: Why do you think there was a successful outcome from this process? What different perspectives do you think the different stakeholder groups brought to the discussions on challenges, opportunities and priorities? Can you think of an example from your district where a similar positive situation and outcome has happened? What groups were involved in the process? End of Unit 3 – Communication Skills 3 Your trainer will lead you through an activity to show how the way that a message is given can impact on how the message is received, just as much as the message itself. The activity is called ‘Voice Variation’ and you will be asked to give and receive a message in two different ways, to demonstrate that messages can be received positively or negatively, depending on the manner in which they are delivered. How you say something is just as important as what you say. An impatient or critical tone of voice can demoralise the listener. An enthusiastic tone of voice can encourage the listener. A varied tone of voice is more interesting to the listener than a monotonous tone. Induction Module Training Materials – Participant Book, July 2010 69 Unit 4: How District Councils Operate This Unit contains the following sessions: Session 4.1: District Council Meetings (1) Session 4.2: District Council Meetings (2) Session 4.3: Elections and Remuneration of Councillors Who is this Unit for? This unit has been developed for the following participants: District Councillors, including Mayors and Deputy Mayors Executive Secretary District department staff and Heads of Departments Induction Module Training Materials – Participant Book, July 2010 70 Session 4.1 District Council Meetings (1) Session Objectives: To become familiar with procedures for District Council meetings, in particular the agenda and minutes. To practise preparing a meeting agenda for a District Council meeting. Questions for Discussion 8: Discuss the following question in plenary: What are some of the requirements for a successful meeting? 4.1.1 When do District Councils meet? According to the Law no.7, District Councils meets two (2) times a year. In reality, the length and frequency of District Council meetings will vary from district to district. The average length of a Council meeting is between 3-6 days, depending on what has been included in the agenda. In addition to this, a District Council can hold ‘extra-ordinary’ meetings, called by: The District Council Chair (Mayor), with A petition of at least one third of the Council members, and/or A request from the Minister of Interior The reasons for calling an extra-ordinary meeting must be clearly stated in the agenda. 4.1.2 Who attends District Council meetings? A District Council meeting is usually attended by: The Mayor and Deputy (the Mayor is the Chair of the meeting) The Executive Secretary (who acts as the Secretary to the meeting) Council members Members of the public and the media, when approved by the Chair. To realise a quorum for the meeting, there must be more than half the Council members present. The same applies for any sub-committee meetings. Induction Module Training Materials – Participant Book, July 2010 71 4.1.3 What happens at a District Council meeting? Diagram 4.1: Overview of District Council meetings What is involved? What are the steps? 8. Publication of resolutions Any resolutions resulting from the meeting will be included in the meeting minutes and should be made public by pinning on notice boards and through the media. 7. Close Meeting After all the agenda items have been addressed and the relevant votes taken place, the meeting can be declared closed. 6. Voting 5. Discussion 4. Open Meeting 3. Approve agenda Agenda items are voted on. Any item for voting must be seconded by a Council member before a vote can take place. See below for more detail about voting. Items in the agenda are discussed one at a time and are discussed in the order they are presented in the agenda. Note that during discussions, members must seek permission from the Chair to address the meeting and all queries are addressed to the Chair. The Chair announces the meeting open, followed by a short prayer. The agenda is distributed by the Secretary and is discussed and approved by the Council. 2. Seating 1. Develop agenda The Chair and Secretary sit facing the Council Members. The honorary members, media and members of the public sit in a separate place. The Executive Secretary prepares the meeting agenda, with details of time and venue and it is good practice to circulate this to Council members at least 1 week prior to the meeting. Below you will find some information about what additional things happen at an Inaugural Council Meeting. Induction Module Training Materials – Participant Book, July 2010 72 Voting Voting takes place on the basis of a simple majority vote of those present. For example, if there are 18 Council members present at a meeting, 10 or more of these must vote for an item for it to pass, as shown: In the case of a tied vote, the Chair will cast a deciding vote. In this case below, there are 9 votes for and 9 votes against. The District Mayor as Chair has the vote to decide whether the item will pass or not. However, if the vote is concerning the replacement of the Mayor and Deputy, there must be a 2/3 majority for the vote to pass. In our example, this means that at least 12 out of 18 members must vote for the item, as shown: The Inaugural Council Meeting After selection, the first meeting of the District Council takes place within a month. The first meeting is opened and the Constitutional Oath of Office is administered to each member by the Chairman of the Regional Court or any other judge. After the Oath of Office, the oldest member of the Council acts as a temporary Chair until a Mayor and Deputy can be elected. Elections of the Mayor and Deputy take place. The Sub-Committees are established. 4.1.4 What is a meeting agenda? A meeting agenda is a list of all the topics that need to be discussed at a meeting. Council members can contribute topics for discussion to the agenda, but they must do this before the meeting agenda has been finalised and circulated. A meeting agenda is an important tool, because it helps the meeting to focus on the matters that have been brought to the attention of Council, rather than getting sidetracked on other issues. Induction Module Training Materials – Participant Book, July 2010 73 There is an example agenda provided for you in Activity Sheet 4 at the end of your Participant Book. Questions for Discussion 9: Discuss the following question in plenary: What things do you think should be included in meeting minutes? 4.1.5 What are meeting minutes? Meeting minutes are another important meeting tool. They are a record of what was said at a District Council meeting and what decisions or actions were taken. Meeting minutes need to include the following: The date, place and duration of the meeting. A register of all members and observers present at the meeting. A list of members absent from the meeting. A record of the discussions for each agenda item. A record of the voting and resolutions to come from each agenda item. A record of any other action to be taken for each agenda item. There is an example of meeting minutes provided for you in Activity Sheet 5 at the end of your Participant Book. The Council Secretary is responsible for recording the meeting minutes and keeping them in a safe filing system. This person is nominated by the Chairman and may give their opinion at the meeting but has no voting rights. All resolutions of the meetings of the Councils shall be minuted and registered. All members present as well as observers during Council meetings must be registered. The meeting minutes and resolutions of the Council must be signed by both the Chair and the Secretary. The signed Council minutes and resolutions are recognised by law and are binding. The resolution of the District Council and Executive Committee is enforced after the Mayor issues a signed directive from it. Minutes and Resolutions of the District Council should be made public by pinning them on noticeboards and through the media if relevant. Minutes and Resolutions of the Council meetings must be submitted to the Regional Chairman and copied to the Minister of Interior within 10 days. Induction Module Training Materials – Participant Book, July 2010 74 The above information is also presented in 4. Meetings of District Councils (4.1-4.5) in the Induction Manual. Activity 4.1: Preparation of meeting agenda Your trainer will guide you through this activity, which is designed to give you practice in preparing a meeting agenda for a District Council meeting. You will do this activity in plenary, with your trainer asking for your input into an agenda for a District Council meeting. You will need to refer to your notes from Activity 2.3 – where you were asked to identify a Sub-Committee issue that could be raised at a District Council meeting. You will need to use Activity Sheet 6 at the end of your Participant Book to complete the activity. You will also need to refer to your notes from Activity 2.3 and the example agenda in Activity Sheet 4 to help you with this activity. Induction Module Training Materials – Participant Book, July 2010 75 Session 4.2 District Council Meetings (2) Session To focus on the conduct of District Council meetings, in particular Objectives: the duties of Chair and Secretary and good meeting conduct. To practise the running of a District Council meeting. Questions for Discussion 10: Discuss the following question in pairs: What does ‘good meeting conduct’ mean to you? Have you ever been to a meeting where there was no attention to good meeting conduct? What happened and why? 4.2.1 How can we ensure a successful meeting outcome? In addition to having clear meeting procedures and using meeting tools such as an agenda and minutes, the success of a meeting will also depend on the conduct of all its members. Here are some things to keep in mind: Discussions on agenda items should not be open ended. To be useful, they need to end in some kind of resolution or plan for action that includes a timeline, otherwise a lot of talking time can be wasted for no result. Each Council member may only discuss an agenda item once, unless it is a correction point. This is to ensure that discussions stay focused and it means that Councillors should think carefully about what they want to say about an agenda point before they present their views. It is the job of the Chair to make sure that each agenda item has concluded with an outcome such as a resolution or plan for action, before moving on. There is a code of conduct to guide the behaviour of members during council meetings. This is in place to help achieve successful meeting outcomes. People such as the Chair and Secretary have specific duties which help the meeting stay on track and these are outlined below. Induction Module Training Materials – Participant Book, July 2010 76 4.2.2 Duties of the Chair and Secretary Duties of the Chair The Chair is responsible for chairing Council meetings. This means that the Chair has overall responsibility for the conduct of the meeting and includes: Guiding all council members during discussions of the agenda items. For example, if a council member starts to talk about something unrelated to the agenda item, it is the job of the Chair to bring him/her back to the main topic. Enforcing order and discipline during council meetings. For example, if people are speaking out of turn or interrupting each other, it is the job of the Chair to stop this and ensure that the person who was speaking first has a chance to finish their point before anyone else can comment. Adjourning the meeting and securing the area if it is felt that the meeting is about to collapse. Hopefully if the Chair does a good job and if members all abide by the Code of Conduct, then this situation will not occur. However, in an extreme case it is the job of the Chair to recognise when things are out of control and to take action accordingly. Signing approved minutes of the council meetings This is a procedural matter and should be done following each Council meeting. Duties of the Secretary The Secretary is responsible for calling council and committee meetings, agenda gathering and registration, and filing of resolutions. The Secretary may express opinions or provide information on by-laws, resolutions and administrative issues during Council meetings, although he/she cannot vote. The Secretary may have his/her point recorded in the minutes of the Council meeting. The Secretary can delegate to be represented if two or more meetings for the council and sub-committee coincide. The above information is also presented in 4. Meetings of District Councils (4.6-4.8) in the Induction Manual. Induction Module Training Materials – Participant Book, July 2010 77 4.2.3 Code of Conduct of members during Council meetings a) A member of the Council is free to air his/her ideas but this does not include insults or slander committed by a member. b) A Member of the District Council must not commit actions that disturb the smooth running of Council meetings. c) The council members must respect the leadership of the Chair. d) Members should respect, listen and give the opportunity to every member that is given the floor. e) The Chair shall make sure that every member gets the opportunity to talk about the agenda item if he/she requests by raising hand. f) The Chair has the right to discipline any member who violates this code of conduct by warning or dismissal. g) The Chair may further present cases of violation to the Permanent Committee of the Council who have the power to discipline, fine or bar the offender from the meetings for a certain period. This Code of Conduct can also be referred to in 4.8 of the Induction Manual. ! It is essential that Council members adhere to this Code of Conduct to ensure that meetings can be conducted smoothly and with successful outcomes. Activity 4.2: District Council Meeting In this activity you will practice the running of a District Council meeting, while adhering to the Code of Conduct. Your trainer will guide you through the steps involved in this activity which involve the simulation of a real District Council meeting, based on the agenda you developed in Activity 4.1. As part of the activity, meeting minutes will need to be recorded. These can be written down in Activity Sheet 7 at the end of your Participant Book. Induction Module Training Materials – Participant Book, July 2010 78 Session 4.3 Elections and Remuneration of Councillors Session Objectives: To become familiar with aspects of the elections of District Councils and key positions. To be aware of the grounds for dismissal of a District Council and its key positions. To understand the basis for the remuneration of Councillors. 4.3.1 How are District Councillors elected? Members of District Councils are elected through competitive elections contested by the three national parties in Local Council elections. Similar to workshop recommendation for 2.1.1 - ‘the Constitution in Puntland indicates that at such time when there are 3 political parties in Puntland, district councils will be chosen based on competitive election. Until such time, district councillors are selected on clan basis’. Suggest amending text below to reflect this. This means that Councillors are elected according to their party, rather than representing any particular geographical area or constituency. However, as we saw in Session 2.4, it is important for Councillors to see themselves as representing all people in their district, not just those who voted for their party. There are 2 pieces of legislation that guide the election of Council members: Districts SelfAdministration Law no. 7 (2003). Article 81 of the Puntland Constitution It is Article 81 which governs the election of the Local Councils (including District Councils). The law elaborates on: The conditions relating to candidates to Local Councils. The procedures for conducting Local Council elections, including the counting and declaration of results. Law no.7 elaborates on the election of the Mayor and Deputy. Induction Module Training Materials – Participant Book, July 2010 79 4.3.2 How are the District Mayor and Deputy elected and what are the grounds for dismissal? Remember that the District Mayor and Deputy are also selected Council members. This means that they have to be selected to the Council first, before they can be elected by the Council to take on these additional roles. The following points are relevant to the election of a Mayor and Deputy. The Mayor and Deputy are elected separately and not jointly. When nominated or a candidate presents to be elected as Mayor or Deputy, the Chair of the session announces the voting and then the result of the voting. When two or more candidates are presented or present themselves to be elected as Mayor or his Deputy, then the voting system shall be by show of hand, with 2/3 majority, as we saw in Session 4.1. The Mayor and Deputy will hold office for the full term of 4 years. The Mayor and Deputy can resign by submitting their justified resignation to the Local Council who has the power to accept or reject it. If the resignation is accepted, then the election of the new Mayor and his Deputy or any one of them will be held in the same meeting, while following the process described above. There are a number of grounds for dismissal of the Mayor or Deputy. These are located in Appendix V of the Induction Manual. 4.3.3 What are the procedures for a vacancy on Council? From time to time a seat on the District Council will become vacant for one of the following reasons: a) Death b) Submitted his own resignation that was accepted by the council, or c) Has been convicted in an interdict-table offence by a court In such cases there are procedures set out for the filling of a vacancy as follows: The Executive Secretary will register and submit to the Mayor the member(s) whose positions have become vacant. The vacancy must be filled within one month starting from the day the Mayor announces the vacancy. Any vacancy in the District Council shall be filled by the clan to which the departing Councillor belonged, selected by the clan elders. Induction Module Training Materials – Participant Book, July 2010 80 4.3.4 What are the grounds for the dissolution of a Council? In extreme cases, it may become necessary for the dissolution of a District Council and the election of a new Council. This could happen under the following circumstances: a) the majority of its members resign from the membership b) the council does not hold two consecutive sessions without any justifiable reasons. c) it is proved that the council has intentionally violated the constitution d) the cases mentioned in the paragraph 2, 3 and 4 of Article 50 (of the Puntland Constitution) are proved as committed, the president of Puntland shall transmit a written statement to the constitutional court in which he shall request the investigation of the concerned the offences mentioned in the paragraphs 2, 3 and 4 of this article. When the high court proves that offences were committed as mentioned in paragraphs 2, 3 and 4 of this article, the court shall convey its procedural findings to the president who shall then promulgate a decree dissolving the council. The out-going district council shall retain its ordinary powers without undertaking any new activities until the proclamation of new Council. In such a situation new selections would need to be held. Note: this is based on Article 50 of the PL constitution, which outlines grounds for dissolution of the House of Representatives. Does this also apply for District Councils eg involvement of the Puntland President - or would the process be at district/regional above information is also presented in Appendix VI of the Induction Manual. levelThe only? Induction Module Training Materials – Participant Book, July 2010 81 4.3.5 What is the basis for remuneration of Councillors? Councillors as selected representatives do not receive a salary for the work that they do. However, there are some exceptions to this as outlined below: Salary and Allowances The Mayor and Deputy are paid a salary and allowances, due to the fact that they are responsible for the running of the district authority as a whole. These salaries and allowances are to be specified and approved by the District Council. Sitting Allowances The Permanent Committee (excluding the Mayor, Deputy and Executive Secretary) are paid a monthly sitting allowance, specified and approved by the District Council. Sub-Committee members are entitled to sitting allowances, specified and approved by the District Council. Other Council members will have sitting allowances specified and approved by the Council. The Council will issue resolutions on the allowances of the sessions, copying to Regional Chairperson, The Minister of Interior and the Auditor General for their information. When specifying the sitting allowances, the Council must take note of the economy and resources of the District. Travel Allowances When members travel to attend Council Meetings they will be reimbursed for travel expenses by public means from their constituencies to the District. When members go for official travel outside the district, they will be paid travel allowances approved by the Council. Induction Module Training Materials – Participant Book, July 2010 82 End of Induction Module Congratulations! You have completed this Induction Module, the first of a number of training modules that you will receive as a Councillor or district staff member. We hope that you will continue to use this Participant Book as a resource to assist you in carrying out your role back in your district. Induction Module Training Materials – Participant Book, July 2010 83 Evaluation of training Session Objectives: To reflect on the training you have just completed and offer feedback for improvement. Evaluation Activity It is important for your trainer to get feedback from you as participants to assist with the ongoing improvement of the training materials and the way that the training is run. Your trainer will guide you through an activity to assist with this process. The more honest and thoughtful you are about what you have learned in the training and what could be done better, the more the training materials will be able to benefit other districts. Induction Module Training Materials – Participant Book, July 2010 84 Glossary Accountable / Accountability To be able to provide the paperwork to show that you have followed the steps in a process correctly. By-laws A regulation made by a local authority, often needed when the overarching legislation is unclear about a particular issue. Decentralisation The process of moving or ‘devolving’ powers, budgets and responsibilities for state functions from a national level to a subnational level. Gender Sensitive A program, project or process which recognises and incorporates the different needs of both men and women can be described as ‘gender sensitive’. Governance Refers to the ability of government bodies to provide the services that its citizens need, in an effective and efficient manner. Implement / Implementation The stage of a project where you actually carry out the activities that you have been planning to do. Majority This means more than half. If you have 10 people who are voting on an issue, there needs to be at least 6 people voting in favour of the issue for the vote to pass. Mandate The authority to carry out a policy, regarded as given by voters to the winner of an election. Participation A process which enables members of the community to contribute to important work in their community, by their own choice. Quorum The number of voting members required to be present at a meeting to enable voting to take place. Regulations A rule or order made and enforced by an authority. Representative / Representation A person chosen to act and speak on behalf of another or others. Sustainable Development Refers to a process of development that can be carried on into the future does not prevent future generations from meeting their own development needs. Transparent / Transparency To conduct a process in a way that everyone can see how decisions were made and that people have an opportunity to provide their input into the process. Induction Module Training Materials – Participant Book, July 2010 85 Activity Sheets Activity Sheet 1: District Council Hypothetical Situation Activity Sheet 2a: Taking your Representation temperature Activity Sheet 2b: Action Plan for improved representation at the local level Activity Sheet 3: Financial Management Scenarios Activity Sheet 4: Example Meeting Agenda Activity Sheet 5: Example Meeting Minutes Activity Sheet 6: Meeting Agenda Activity Sheet 7: Meeting Minutes Induction Module Training Materials – Participant Book, July 2010 86 Activity Sheet 1 – Hypothetical Situation There is an area of land in Unity District which has been under dispute by two individuals, Mr X and Mr Y for a number of years. Each claims to have exclusive use over the land. The Department of Public Works and Land has been working on negotiation between the two individuals for some time, but without much success. One of the individuals raised the matter with the Land Management Committee (LMC). The Land Management Committee members visited the area of land in question, with the two owners present. During the meeting, they listened to both sides of the argument and had decided that the land really belonged to Mr X. The Head of the Land Management Committee went back to the office and reported his decision to the Department of Public Works and Land. The Head of Department was upset about this and told the Councillor that it was not the role of the Land Management Committee to be directly involved in the arbitration of land disputes in this way. The Councillor said that the Land Management Committee had authority to be directly involved. Questions: Who is correct – the Land Management Committee or the Head of the Department of Public Works and Land? Why? How could this situation have been handled better? Can you give some ideas on what role the Land Management Committee could play in this situation? Induction Module Training Materials – Participant Book, July 2010 87 Activity Sheet 2a – Taking your Representation temperature For each question, mark with an X where you feel you are on the scale. 1. Some people in my district deserve more representation than others. 2. Good communication with my community is one of my most important roles as a Councillor / district staff member. 3. How I behave in my private life has no relevance to my role as a District Councillor / district staff member. 4. It is a good idea to focus development activities close to where I live, so people will see that I am a good Councillor / district staff member. 5. I have been selected to represent the people from my own clan group only. 6. It is ok to put in a claim for the full sitting allowance for a District Council meeting, even if I only attend the first day. 7. It is more important to listen to the concerns of elders rather than women and youth in my district. Strongly Disagree Strongly Agree Strongly Disagree Strongly Agree Strongly Disagree Strongly Agree Strongly Disagree Strongly Agree Strongly Disagree Strongly Agree Strongly Disagree Strongly Disagree Induction Module Training Materials – Participant Book, July 2010 Strongly Agree Strongly Agree 88 Activity Sheet 2b – Action Plan for improved representation at the local level For each action point in the table, write some ideas on how you and your District Council can improve the way that people at the local level are represented. Action point Ideas for improved representation How can we ensure that everyone’s views are heard and considered, including women, youth and other marginalised groups? As an individual Councillor: How can we improve communication between the District Council and people at the local level? As an individual Councillor: How can we demonstrate that we are a transparent and accountable local government body? As an individual Councillor: How can we encourage the citizens of our district to play an active role in its governance and development? As an individual Councillor: As a District Council: As a District Council: As a District Council: As a District Council: Induction Module Training Materials – Participant Book, July 2010 89 Activity Sheet 3 – Financial Management Scenarios Scenario 1 – Intergovernmental transfers Unity District Council would like to improve its budget preparation for the coming fiscal year. In particular, it would like to focus as much as possible on implementing some development projects in the district. One of the main sources of revenue for Unity District is the transfer of funds from the state government. However, the problem is that it is very difficult to estimate the amount that the district is likely to receive. The amount set by the Ministry of Finance for financial transfers represents 1.5% of total custom duties. The amount that the district will actually receive is always unpredictable. What are some of the possible reasons why this problem is occurring? What, if anything, can Unity District Council do about this situation? Scenario 2 – Tendering process Unity District has received a donation from an international development partner that it wishes to use to rehabilitate some school buildings that are in great need of repair. It would like to ensure that the money is used in the most effective way and has decided to conduct a tendering process to contract for the work on the schools to ensure that the best value for money is found. The problem for Unity District is that in the past there has never been a proper tendering process and contracts have been awarded to people on the basis of friends and family. Often the required work has not been completed and money has been wasted. What are some of the possible reasons why this problem is occurring? What, if anything, can the Unity District Council and Administration do about this situation? Scenario 3 – Incurring debt Unity District has a problem in that it incurs debt in the form of its inability to settle outstanding payments with suppliers. As a result, it is very difficult to procure goods and services in order to carry out the delivery of public services. What are some of the possible reasons why this problem is occurring? What, if anything, can the Unity District Council and Administration do about this situation? Induction Module Training Materials – Participant Book, July 2010 90 Scenario 4 – District Budget Unity District’s annual budget is usually very high in its allocations for recurrent spending compared with development spending. In fact, in the 2008 fiscal year, over half of Unity District’s budget was allocated to expenditure on staff salaries and allowances. As a result, there was very little budget available to undertake any real development work in the district. What are some of the possible reasons why this problem is occurring? What, if anything, the Unity District Council and Administration do about this situation? Scenario 5 – Collection of tax revenue One of Unity District’s biggest financial management issues is in the collection of its tax revenue. Unity District has never been able to collect all of the tax revenue and service charges that it is mandated by law to collect. As a result, the revenue base for Unity District is much lower than it could be, if it was able to implement an efficient system for revenue collection. What are some of the possible reasons why this problem is occurring? What, if anything, can the Unity District Council and Administration do about this situation? Induction Module Training Materials – Participant Book, July 2010 91 Activity Sheet 4 – Example Meeting Agenda **A blank copy of this form can be found in the ‘Format Book – District Authorities’ for use by your District Council..** Unity District Council Date: 10 June 2010 To: All Council Members, Unity District From Executive Secretary Cc: Ref. No: Subject: Agenda for Unity District Council meeting This letter is to inform you of the next Unity District Council meeting on: Date: 18 June 2010 Time: 10am Location: Unity District Council Building. The agenda for the meeting is: 1. Approval of the agenda [obligatory] 2. Approval of the minutes from the last meeting [obligatory] 3. Apologies [obligatory] 4. Financial Report for 1st Quarter 5. Sub-Committee reports 6. Progress of District Development Plan 7. Closing Induction Module Training Materials – Participant Book, July 2010 92 Activity Sheet 5 – Example Meeting Minutes **A blank copy of this form can be found in the ‘Format Book – District Authorities’ for use by your District Council..** MINUTES OF UNITY DISTRICT COUNCIL ORDINARY MEETING Meeting duration : Total days 2 Date (s) Commenced (time) Ended (time) 10am 4pm 10am 4pm 18/06/10 19/06/10 Meeting Location: Unity District Council Headquarters Meeting Chaired by: Mr Ibrahim Yusuf (Unity District Mayor) (THIS IS JUST AN EXAMPLE NAME) No of voting members at the meeting: 25 of 25 No of voting members absent in the meeting: 0 No of observers attending the meeting 5 Register of attendees attached: YES Meeting Agenda 1. Approval of the agenda NO 2. Approval of the minutes from the last meeting 3. Apologies 4. Financial Report for 1st Quarter. 5. Sub-Committee reports 6. Progress of District Development Framework 7. Closing Minutes prepared by Executive Secretary: Name: Date: 19/06/10 Minutes and Resolutions signed by Executive Secretary: Name: Date: 19/06/10 Minutes and Resolutions signed by District Mayor: Name: Ibrahim Signature: Yusuf Signature: Ibrahim Date: 19/06/10 Yusuf Induction Module Training Materials – Participant Book, July 2010 93 A. Discussions of agenda items Item 6. Progress of District Development Framework (DDF) The Head of the Planning and Project Services Section of the B. Department of Public Works and Land was invited to report on the progress of the DDF, which is being drafted by the planning staff. The Section Head reported that one of the main elements of the plan relies on the input from the community. It was agreed at the last Council meeting that Councillors would conduct community consultation through Village Committees in order to identify the community’s perceived development needs. So far, no feedback has been received from Councillors. The drafting of the plan cannot proceed much further without this input. Councillor ‘A’ reported that he has not been able to undertake these consultations, due to family reasons, but he is planning to make these visits to his designated Village Committees in the coming weeks. Councillor ‘B’ reported that she has conducted her required consultations but is still writing a report from these, which should be ready by the end of June. Councillors ‘C’ and ‘D’ asked for it to be noted that they did not feel that such community consultations were part of their role and did not want to participate in this process. Other Councillors reported that they have not yet started their consultations, but will aim to do so very soon. Voting and Resolutions Item 6. Progress of District Development Framework (DDF) The Chair proposed a resolution that all Councillors must have conducted their community consultations and submitted their feedback to the Planning and Project Services Section by the 31st July. Induction Module Training Materials – Participant Book, July 2010 94 The proposal was seconded by Councillor ‘B’ and put to a vote. For: 23, Against: 2. The resolution passed. C. Follow up action and Timeline Item 6. Progress of District Development Framework (DDF) The Executive Secretary has been tasked with follow up of the progress of the reports and will be in regular contact with the Section Head to keep informed about what feedback has been received from Councillors. The Executive Secretary will report to the Mayor on a weekly basis on this matter. Any Councillors who have not submitted feedback by the 15th July will be contacted by the Executive Secretary to ask about the progress of their consultations and whether any assistance is required for them to meet the 31 July deadline. Induction Module Training Materials – Participant Book, July 2010 95 Activity Sheet 6 – Meeting Agenda ..............................District Council Date: To: All Council Members, …………………District From Executive Secretary Cc: Ref. No: Subject: Agenda for ……………….. District Council meeting This letter is to inform you of the next ………………….District Council meeting on: Date: …………… 2010 Time: Location: The agenda for the meeting is: 1. 2. 3. 4. 5. 6. etc Induction Module Training Materials – Participant Book, July 2010 96 Activity Sheet 7 – Meeting Minutes MINUTES OF ……………. DISTRICT COUNCIL ORDINARY MEETING Meeting duration : Total days Date (s) Commenced (time) Ended (time) Meeting Location: Meeting Chaired by: No of voting members at the meeting: No of voting members absent in the meeting: No of observers attending the meeting NO Register of attendees attached: YES Meeting Agenda (include items from the agenda developed in Activity 4.1) 1. Approval of the agenda 2. Approval of the minutes from the last meeting 3. Apologies 4. 5. 6. 7. Minutes prepared by Executive Secretary: Name: Date: Minutes and Resolutions signed by Executive Secretary: Name: Date: Minutes and Resolutions signed by District Mayor: Name: Signature: Date: Signature: Induction Module Training Materials – Participant Book, July 2010 97 A. Discussions of agenda items Hints: What was discussed at your meeting? What did people say in the discussion? Were there any differences of opinion? What were these and who gave these different opinions? Was there any confusion about the issues raised? What caused the confusion and how was it resolved? Did anybody make a strong point about something that they thought was important? What was the point that they made and how did people react to this? Induction Module Training Materials – Participant Book, July 2010 98 B. Voting and Resolutions Hints: What was the resolution about? How did the vote happen? What was the result of the vote? Question: at the workshop it was recommended that the form for meeting minutes needs to have a section included on resolutions of the councils. This section already exists here, but is there some other existing format that is normally used for resolutions, or does there need to be some other way of recording resolutions other than what is given here? C. Follow up action and Timeline Hints: Are there any issues to follow up before the next meeting? Who will do the follow up tasks and by when? Induction Module Training Materials – Participant Book, July 2010 99