5. selections to the district councils
DOWLAD G. PUN TLAND PUNTLAND STATE
EE SOOMAALIYA OF SOMALIA
Wasaarad Arimaha Gudaha , D/ Hoose iyo Horumarinta Reer Miyiga
Ministry Of Interior Affairs, Local Government & Rural Development
XAFIISKA WASIIRKA OFFICE OF THE MINISTER
INDUCTION MODULE FOR COUNCILORS AND
TECHNICAL STAFF
GAROOWE, PUNTLAND
JUNE 2009 i
FOREWORD
The Puntland Ministry of Interior has developed this Module for the induction of Councilors and district council staffs for use by District Councils to assist them 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.
Councilors and technical staff whether new or experienced bring with them different skills and experiences to their new roles. It is therefore important that when they commence their term of office they quickly get a clear understanding of the system of local government obtaining in
Puntland, how their councils work and the full range of roles and responsibilities which they and other stakeholders play in order to strengthen decentralized service delivery. It is also equally important that all councilors and technical staff are afforded the opportunity to undertake appropriate skills development and training in areas needed to assist them to carry out their roles 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 forms the basis of local governance and decentralization in Puntland.
This Councilor Induction Manual highlights the salient features of the Law especially in as far as the roles and responsibilities of the councilors are concerned.
There are also a number of sector policies and laws that elaborate on the role of local councils in the delivery of public services. These include water, livestock, forestry, land management, and environment protection.
This induction module which forms the basis for the induction programme is essential in providing councilors and district council staff with the necessary information to orient them to their new role. It will enable them 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.
I, therefore, recommend this Module for the induction of all councilors and district council staff in Puntland as a useful resource to assist them in the performance of their roles and responsibilities. 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.
Hon. Abdullahi Ahmed Jama
Minister ii
TABLE OF CONTENTS
Page
1.8 Relationship between the State Government, Regional and District Councils ............. 5
2. THE MANAGEMENT STRUCTURE OF COUNCILS and COMMITTEES .................. 7
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Appendix II: Responsibilities of the Mayor/Chairman of the District Council. ............... 20
Appendix III: Responsibilities of the Executive Committee of the District Council ........ 20
Appendix V: Grounds for Dismissal of Mayor and Deputy Mayor ................................... 21
Appendix VI: Grounds for Vacancy on and Dissolution of District Council .................... 22
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1. LEGAL AND POLICY FRAMEWORK.
1.1 Introduction
The Constitution of Puntland provides four tiers of government; namely the state government, regional governments, districts councils, and Village Committees.
Article 42 sets out the structure and organization of the state
Article 81 provides for the creation of regional and district administrations
Article 83 provides for the structure and roles of the district Administration
Article 85 sets out the powers and functions of the district councils
The local government system in Puntland consists of regions and each region is divided into districts and below the district level are villages. Article 83 of Puntland constitution specifies that
District Administrations are autonomous. The Government enacted the Puntland District Self
Administration Law no. 7 in 2003 to put into effect the provisions of the Constitution and to provide for the creation and definition of the structures of district councils and village committees.
The objective of this law is to enable the Government to extend, enhance and guarantee participatory democracy; ensure and safeguard rapid sustainable development; ensuring equitable delivery of service and to transfer power to the regional authorities and local councils based on national ideas and values. The law establishes District councils and village committees and defines their structures.
The powers and functions of the District Councils include administrative, financial management, planning and legislative powers. In addition, the law defines the roles and responsibilities
(services to be delivered) of the local councils, and the other stakeholders in the local government system. The law also establishes the relationship between the local councils and the state government in particular the Ministry of the Interior as the Ministry responsible for supervising and mentoring the local governments.
The powers to declare an area a region or a district lies with the state government with the approval of Parliament after an assessment has been carried out.
1.2 Regional Development Committee:
According to page 30 of the ‘Local Government Regulations guideline book (2005)’ issued by the Ministry of Interior; the regional development committee consists of the following:
1.
The Regional Governor- Chairman
2.
The District Mayor
3.
The Executive secretary of the municipality
4.
The district Police commissioner of the region
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1.2.1: Roles and Responsibilities of the Regional Development Committee
According to the Local Government Regulations guideline book page 31, the Roles and
Responsibilities of the Regional Development Committees are: 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
1.3 District Councils.
1.3.1: Introduction
Puntland State is divided into regions. Each region is in turn divided into a number of districts.
District Councils have self administration powers. This means they can plan for their economic and social affairs; collect, manage and allocate resources; enact local by-laws; and deliver a range of community services within their areas of jurisdiction.
Although the Puntland Constitution decrees that councilors are to be elected on the basis of universal adult suffrage; up until now, councilors are selected on the basis of clan by a council of clan elders. The term of office of the district councils is four (4) years beginning from the date when the constitutional oath of office is administered to each member.
The District Council can prepare its own special regulations so as to facilitate the implementation of an existing law. District Councils may prepare regulations for example in respect of internal conduct of council members, collection and management of council revenues, management band disposal of council assets etc…
After the approval of the regulations, all members will be obliged to obey them.
The District Council is chaired by the Mayor who is also the District Commissioner; the secretary of the District Council is the Executive Secretary.
A district council seat can fall vacant for the reasons specified in Appendix VI of the
Constitution. The procedures to be followed while filling the vacant post are also specified in the same appendix.
The Council can also be dissolved for a number of reasons as shown in Appendix VI.
1.3.2 The responsibilities of the District council
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The District Council has full powers to perform a wide range of functions and to offer a wide range of services within their areas of jurisdiction; these are: a) Enforcing and encouraging peace, stability, order and improvement of the rule of law. b) Promotion of economic growth and development including initiation and implementation of development programs and projects. 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) Generation mobilization and allocation (including accounting for the use) of public resources f) Setting up markets for the sale of goods, livestock and fish. g) Inspection of new buildings, and those that are being renovated or require demolition. h) Prevention and combating the problems posed by famine, storms, serious fires and any other matters which cause harm to the public. i) Evacuation of the public in the event of a disaster. j) Promotion of the arts, sport and culture and protection and care of historical sites. k) Provision and maintenance of public infrastructure e.g. construction, improvement and care of roads inside the towns of the district. l) Propose and request of improvement of the plans of towns in the district. m) Registration of the population of the district. n) Establishment and improvement of commercial and manufacturing centres for use by the public. o) Encouragement of Islamic, national and international values. p) Improvement of burial activities and allocation and demarcation of cemetery.
The council must have development standards and plans to implement its activities and responsibilities which must be in line with national development standards and plans Puntland.
1.4 Establishment of Sub-Committees of District Council
1.4.1 Introduction
The District Council can establish Sub- committees in execution of its duties.
Sub- committees will be established by the District Council during its first ordinary session in every year.
Membership of each sub-committee shall not be less than three and not, exceed five members.
Each council member can only be a member of one sub-committee.
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The chairmen for each the sub-committees shall be elected by the Council from amongst its members.
1.4.2 Responsibilities of Sub-committees
The sub-committees have the following responsibilities on top of the particular duties: 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.
1.5: Roles and responsibilities of Council Members
The selected members of the District council 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. 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 intergrity, fairness, responsibility and patriotism all his/her actions.
1.6: Roles and responsibilities of Technical staff
The principal duties of technical staff are to carry out technical administration of the regional and district councils; collect, analyze and disseminate technical information, offer technical advice to
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councilors, and implement Government and Councils’ programs and projects in their areas. The head of the technical staff is the District Executive Secretary.
1.6.1: Technical Committee a) The Secretary of the Local Council and Heads of the government agencies in the district make up the technical committee at district level. b) Every district shall have an administration that will coordinate the activities of the government agencies at the district level. c) The Heads of Government Agencies assist the Council to formulate a district development plan which is in line with the National Development Plan. d) Heads of Government Agencies report to the District Commissioner through daily, monthly and annual reports. f) Members of the Technical Committee carry out administrative and technical planning activities g) They receive and account for district council funds h) The Technical Committee provides technical advice to the district council i) The Technical Committee implements district council decisions j) They monitor implementation of council’s development plans k) They prepare and submit periodic progress reports to the Council.
1.7: Village Committees.
Article 83 of the Puntland constitution provides for the establishment of Village Committees not exceeding 7 members selected from among their respective communities. These committees meet on ad hoc basis to consider issues that maybe brought to their attention. a) The Village Committees do not have self administration powers like the District Councils. b) The members of the Village Committees are proposed by the executive committee and are approved by the District Council. c) Village Committees are useful in terms of local decision making, dispute resolution and safeguarding local resources. d) Village Committees can also play a role in mobilizing citizens to participate in local economic development. e) The Committee is headed by a Village Head f) The village committees support the district councils in the planning and implementation of local development activities.
1.8 Relationship between the State Government, Regional Development Committee and
District Councils
1.8.1 The State Government
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The District Council is part of the State Government and is directly under the Ministry of
Interior. The Ministry of Interior in general is responsible for policy formulation, monitoring and inspection to ensure compliance with Government policy as well as building the capacity of regional development committee and district councils. The roles of MOI include the following: a) Ensuring the general peace and security. b) Approval of the district budget and amendments. c) Approval and acceptance of the creation of new settlement under the district. d) Inspection and ensuring the smooth running of the activities of the district council. e) Ensuring and supervising the implementation of laws, regulations and resolutions of the
National Constitutional Offices. f) Delineating the borders of Regions and Districts and securing them. g) Finalizing the planning and implementation of development projects, which are funded by the state government or by foreign agencies. h) Preparing projects and policies extending the administration. i) Appointing task committee and officer as well as exercising other powers granted by the
Constitution of Puntland.
1.8.2 The District Council.
The district councils have the responsibility of implementing the policies and programs of the
State government. They must ensure that their development programs are in line with national development programs. The District Chairman and the District Executive Secretary are the link between the State Government and the District Council as follows: a) The District Commissioner chairs the state government agencies and he/she also heads the security agencies (Article 86 of PL constitution Page 24). b) The District Commissioner is the link of the District Council to the Regional administration and State Government. c) The District Council Coordinates activities of state government agencies at the district level d) The district development plans are developed in line with the national development plan e) The district administration implements Government policies and programs.
1.9 Roles and responsibilities of Other Stakeholders
1.9.1 State Parliament a) Approval of the relevant laws and policies regulating local governance b) Approval of changes in district grading after assessment by Ministry of Interior c) Approval of delineation of regional areas and district borders
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d) Approval of changes in number and borders of regions and districts.
1.9.2 The Citizens
The roles of the citizens are: a.
Participate in community development activities of self help nature. b.
Contribute labor or money towards implementation of community projects c.
Funding of development activities in the District through payment of taxes d.
Take part in participatory planning and monitoring of community projects. e.
Receive and consider progress reports from the district council as presented by the
Councilor(s) representing them.
2. THE MANAGEMENT STRUCTURE OF COUNCILS and COMMITTEES
2.1 The Regional Development Committee
2.1.1: Duties of the Regional Chairman and his Deputy
The Regional Chairman is appointed by Presidential Decree to: a) act as the link between the State Government and the Districts of the region. b) promote and transmit to the Region and its Districts the policies of the State government which relate to the economy, society, security and administration. c) lead the departments representing the region and the state government agencies and to oversee their work plans and performance. d) implement and enforce the State Laws. e) act as an intermediary between the districts and to appoint a Mediation Committee at the regional level. f) co-ordinate and prepare the regional reports. g) link the State government and administration of the region with the districts. h) propose the appointment and dismissal of those responsible for the government departments at the regional and district level. i) report on the (performance of the) heads of the (Government) Ministries and national public agencies at regional and district level. j) chair the meetings of the Regional Development Committee. k) (oversee) the security of the region (and to undertake) inspections of the region. l) head the regional security and administrative authority.
The Functions of the Deputy Regional Chairman
To undertake the functions of the Chairman, in the latter’s absence, and carries out any other duties assigned to him by the Chairman.
2.1.2 The Functions and Duties of the Regional Executive Secretary
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The Regional Executive Secretary is appointed by Ministerial Decree to: a) provide oversight of the management and finances, and inspect the work of the employees of the regional headquarters and that of the regional public agencies. b) To undertake and manage any work assigned to him by the Chairman. c) To prepare the regional reports. d) To undertake follow-up work relating to the regional reports.
2.2 District Councils
2.2.1 Introduction
The Districts Councils in Puntland are graded into “A”, “B” and “C” categories
The members of district councils are based on their grading as follows:
The Capital City (Garowe) 27 members; Grade A districts 25 members; Grade B districts: 21 members and Grade C districts: 17 members.
The District Council is composed of the District Executive Committee, Heads of the Government departments in the district and Chief of the police at district level.
The Executive Committee consists of The Mayor (District Commissioner) who also acts as chair of the council, Deputy District Commissioner who also acts as Deputy Chairman of Council and the Executive Secretary who also acts as Secretary.
The Executive Committee must at the end of each year submit to the Council a full performance report of the Mayor and Deputy Mayor.
Responsibilities of the Executive Committee of the District Council are specified in Article 26 and 31 of Law no. 7 as well as in the Constitution. They are reproduced Appendix III of this manual.
2.2.2: Technical Departments
District Councils have five departments, according to the structure prepared by the Ministry of
Interior namely:
Finance,
Public Works and Land,
Revenue,
Monitoring and Internal Audit, and
Social Affairs
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The district can however increase, decrease or merge the departments subject to approval by the
Ministry of Interior.
3. FUNCTIONS OF LOCAL COUNCILS
3.1 Financial Management Function
Article 36 of Districts Law No. 7 gives powers to District Council to fix the appropriate service tariffs based on valuation; and to set, adjust upward or downward its tariffs while passing bylaws and regulations.
The State Government can also make financial donations to district councils to buttress their financial position according to Article 35 (page 103) of law No. 7.
3.1.1 Local Sources of Revenue of District Councils
Article 35 and Annex B of Law No. 7 specifies the following as sources of income for the district:
A) Taxes and Charges: a) Income from current and fixed b) Sales tax c) User charges d) Licence fees e) Fines (cash penalties) collected by the courts and grants from the state government and international organizations. f) Rent collections from the assets of the council, and any other income earned as a result of activities by the council.
B) Service Charges
Examples of service charges/taxes may include the following a) Commercial licenses tax b) Livestock sales tax c) Signs tax d) Entertainment tax e) Agricultural tax f) Buildings value tax g) Land value tax h) Temporary structures tax i) Street markets tax. j) Transfer tax. k) Abattoir and butchery tax l) Water reservoirs tax
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m) Skin and hide tax n) Registration tax o) People registration tax p) Goods and Miraw ( Kat) tax q) Production tax r) Electricity use tax.
C) Donations/financial gifts from the Government. This is provided for in article 35 of law No
7.
3.1.2 Inter Governmental Transfers
The Capital Law no.3 (2006) page 156 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.
District Councils can also receive donations from the State Government (see law no. 7 article 35 page 103).
3.1.3: The District Budget
The district council is responsible to prepare its Annual Budget three months before the year begins (every September).
The budget must show the planned income and expenses of the coming year.
After approval, the council must forward the budget to the Ministry of Internal Affairs for review and approval.
Following approval a ministerial directive can be issued for its implementation.
The District Council must only spend within the provisions of the budget.
The District Council can only amend/revise the budget in the last six months of the year if there is any income increase, and this should be forwarded to the ministry of interior for approval (see
Law No. 7 article 33).
3.1.4: Closing District Council Accounts
According to the Local Government Regulations guideline book (2005), districts should close their accounts semi-annually. Once the draft final accounts are ready, they should be forwarded first to the mayor, then to the permanent committee members, and finally to the district council for approval. Once the final accounts have been approved by the district council, they are forwarded to the Auditor General through the Regional Coordinator and the Ministry of Interior.
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3.1.5: Debts
The District Council may only borrow money under emergency situations such as natural disasters or security issues that require resources which are not in the budget. However, this has to be approved first by the Ministry of Internal Affairs.
3.1.6: Receiving Donations
The council may receive any donations from the State Government; international organizations; the public or Diaspora communities; local organizations; and local and international companies
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.
3.1.7: Agreements and Tenders/Contracts
The district executive committee is authorized to enter into contracts on behalf of the district council up to a limit of So. Shs 50,000,000. Contracts valued between So. Shs 50 million to 100 million can only be authorized by the Parliament. Legal procedures require that tenders be advertised to the public in appropriate places for a minimum of 10 days. The winning bidder is the one whose bid offers the highest quality and lowest cost. (See law no. 7 article 44 page 105)
There are no clear legal provisions for how members of the procurement committee are appointed nor the procedures to be followed. However, in practice, the executive committee also acts as the procurement committee. The executive committee may co-opt the relevant Head of
Department or a technical person to assist them during evaluation but would not vote.
Tenders relating to financing of projects, purchase of transport, office and household equipment, new buildings and any other tenders relating to goods are submitted through the Regional Tender
Board, where the Regional Chairman is the chair.
3.1.8: Disposal of District Council Assets
There are no clear legal provisions for handling Assets disposal. In practice however, Local council assets can only be boarded off and auctioned after approval by the Local Council and the
Minister of the Internal Affairs. A Ministerial Directive is then forwarded to the executive committee which serves as the Tender Committee of the Local Council to auction it. Before the auction, the Annual Board of Survey must recommend and clarify in their report, the type of asset that need to be auctioned and why.
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The income realized from the auction of the assets must be reflected in the districts budget.
3.2 Planning Function
According to Articles 83 & 85of the PL constitution, the District Council is mandated to deliver social and economic services. The District Council can identify local needs within the overall development plan of the State Government. The law is silent on provisions for putting in place a
District Planning Committee.
Sector planning is carried out by the respective sector planning committees established in each sector. The District Council has responsibility to implement and monitor the implementation of government development programs and projects. The Ministry of the Interior is responsible for reviewing and approving District Development plans.
3.3 Administrative Function
3.3.1 Recruitment of District Council Staff
The legal provisions empowering district councils to hire staff are not clear. In practice however, the District Council hires local staff.
Departmental coordinators are staff members of the District
Council.
The Executive Committee of the district recruits, appoints, promotes, and dismisses departmental coordinators. The salary and allowances of the Departmental Coordinators, Departmental and
Sections Heads and the general staff are proposed by the Executive Committee and will be approved by the District Council.
Heads of the sections and branches will be appointed by the Executive committee after consultation with Departmental Coordinators.
3.4 Legislative Function
The District Self Administration Law gives power to District Councils to pass by-laws so as to support the activities of the Council.
The by- laws must be consistent with the Constitution and with existing legislation.
The Council may pass a by-law to regulate and implement its activities or other issues from the
State government.
The Minister of Interior must review the proposed by-law before it is finally enacted by the
Council.
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Before passing any by-law , the District Council must do a full and thorough investigation and deeply think about its effects and about the public perception.
The official copy of the by-law and resolutions of the Council are forwarded to the Minister of
Interior by the Executive Secretary.
Any by-law passed must be officially published and presented to the public in the media or pinning it at public places.
Enforcement of the by-laws and regulations passed by the Council is the responsibility of
Council staff.
3.5 Delivery of Public Services
The District council is mandated to carry out any activity so as to improve the welfare of people in the district.
Local governments have responsibility for social development and provision of public services in their areas of jurisdiction.
In the process of delivering public services the District council must be guided by existing sector policies and laws that elaborate the role of local councils.
3.6 Local Economic Development
Members of the District Council in their capacity as local leaders can promote local economic development through: a) Playing a leading role in identifying and encouraging partnership arrangements between private and public stakeholders in the district b) Actively encouraging and facilitate the involvement of local stakeholders in their own development using participatory mechanisms. c) Designing and implementing common strategy for local development by making use of local resources. d) Taking initiatives and actions that respond to the need for an integrated approach to local level development
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4. MEETINGS OF DISTRICT COUNCILS
4.1 Introduction
The first council meeting will be held within 30 days after the announcement of the selection of the chairperson and the vice chairperson.
The chairperson will call all other council meetings
There is confusion in the law on the number of meetings that the district council should meet.
According to article 20.3 of Law No. 7, the district council is supposed to sit every three months.
But article 6 of the same Law No. 7 (page 111) indicates that the district councils should have only two meetings annually.
Permanent Committee members should however have monthly meeting according to the law.
The Council may hold extra-ordinary meetings called by the Chairman of the District Council; or a petition by at least one third of members of the council; or at a request from the Minister of
Interior (Law No. 7 article 6)
Every meeting of the District Council and the Executive Committee are chaired by the Mayor or the Deputy in his absence or when he delegates to him.
The resolution of the District Council and Executive Committee is enforced after the Mayor issues a signed directive from it.
Members of the Public or the Media can attend the ordinary meetings of the District Council when approved by the Chair.
4.2 The Inaugural Council Meeting a) After selection the first meeting of the District Council would take place within a month. b) The first meeting of the Council is opened and the Constitutional Oath of Office is administered to each member by the Chairman of the Regional Court or any other Judge. c) After the Oath of Office, the oldest member of the Council would act as a temporary chairman so that a Chairman of the Council (Mayor) and a Deputy Chairman can be elected.
4.3 Quorum and resolutions a) The quorum of the Meetings of the Council or the sub-committees shall be realized when more than half of the council or sub-committee members are present. b) Resolutions can be carried on a simple majority vote of those present.
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c) Voting at the Councils meetings may be conducted by show of hands or secret ballot. d) If voting is tied then the Chair will cast a winning vote. e) If the district Mayor attends sub-committee meetings, he can only advise, but does not have a vote.
4.4 Minutes of Meetings a) All resolutions of the meetings of the Councils shall be minuted and registered. b) All the minutes of the meetings must be kept in a safe filling system under the responsibility of secretary of the council. c) The Secretary takes minutes of all meetings and is an ex-officio (non-voting) member d) All members present as well as observers during Council meeting must be registered. e) The minutes and resolutions of the Council must be signed by both the Chair and the
Secretary. f) The signed Council minutes and resolutions are recognized by law and are binding. g) District Council resolutions may be made public by pinning them on notice boards and through the media if the nature of the issues require so. h) District Council resolutions must be submitted to the Regional Chairman and with a copy to the Minister of Interior within 10 days.
4.5 District Council and other Committees Meetings a.
The District Councils and village committees meet once every three months. (Law No. 7 article 20.3) b.
The Chair and Secretary will sit facing the members of the council. The honorary members, media and invited guests from the public in a separate place.
c.
The written agenda is distributed by the Secretary and discussed and approved by council.
d.
The chair announces opening of the meeting followed by a short prayer. e.
Agenda items are discussed and approved one at a time. f.
During debate, members seek permission from the Chair to make a submission and all queries are addressed to the Chair. g.
An item that is not seconded cannot be put to vote. h.
Every member of the council must discuss an agenda item only once, unless it is a correction point.
4.6 Duties of Chairman o Chair Council meetings o Guide all council members during discussions of the agenda items. o Enforce order and discipline during council meetings o Upon feeling that a meeting is about to collapse, has the right to abruptly adjourn the meeting and secure the area.
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o Signs approved minutes of the council meetings o Supervises and monitors all local governance projects in the district. o Links the district and regional administration o Signs all official letters issued by the district office
4.7: Duties of the Secretary
The District Executive Secretary is the most senior official responsible for the administration of the district activities, and is appointed by the Ministry of Internal Affairs of the state government. The Executive Secretary shall register, protect, and keep in a safe place the register of the assets of the Council Member.
The Secretary is responsible for putting together the agenda, taking of council minutes, registration of attendance, and filing of resolutions. The secretary is also responsible for: a.
Implementing by-laws passed by the district council b.
Drafting of the district budget c.
Revenue collection d.
maintaining income and expenditure records e.
Safety and discipline of local governance staff
The comprehensive list of responsibilities of the Executive Secretary of the District Council are given at Appendix IV
4.8 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.
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5. SELECTIONS TO THE DISTRICT COUNCILS
5.1: Selection of District Councils
The selection of the members of District Councils is governed by the District Self Administration
Law No.7
Law no. 7 governs the selection of the Mayor, the Vice Mayor and Local Councilors. The law elaborates on the process and procedures for selecting candidates to local councils; including the declaration of results.
5.2: Election of the Mayor and the Deputy Mayor
The Mayor and Deputy Mayor are elected from among the selected Members of the District
Council.
The Mayor and his Deputy are elected separately and not jointly.
When nominated or a candidate presents himself to be elected as Mayor or his 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 a simple majority.
The Mayor and his Deputy will hold office for the full term of four years.
The Mayor and his Deputy can resign, by submitting their justified resignation to the District
Council which 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 within 30 days.
6. REMUNERATION OF COUNCILORS
The Chairman of the Council and his Deputy are paid a salary and allowances specified and approved by the Council.
The members of Permanent Committee (excluding the members of the Executive Committee) receive a monthly sitting allowance specified and approved by the Council. The permanent
Committee is elected from the District councilors (Law No. 7 article 15)
The other members of the council will have sitting allowances specified and approved by the
Council.
The Sub-committees will have a sitting allowance specified and approved by the Council.
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When members travel to attend Council Meetings they will be reimbursed for travel expenses by public means from their constituencies to the District.
When the members go for an official travel outside the district, they will be paid travel allowances approved by the Council.
The Council will issue resolutions on the allowances to be paid to councilors attending council sessions, copying to Regional Chairman, The Minister of the Internal Affairs and the Auditor
General for their information.
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APPENDICES
APPENDIX I: Duties of the Local District Council
The Local Council has full powers to perform every task list in this article and they are expected to perform within their areas of jurisdiction; these are: 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. 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. m) Propose and request of improvement of the plans of towns in the district. n) Registration of the population of the district. 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.
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APPENDIX II: Responsibilities of the Mayor/Chairman of the District Council.
The duties of the Mayor include among others: a) To be the Chair of the state government agencies at District level. b) To chair the meetings of the local district council. 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).
APPENDIX III: Responsibilities of the Executive Committee of the District Council a) Implement the daily administrative duties of the district b) Supervise and ascertain smooth running of the district activities. c) Execute and implement the resolution of the council d) 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. h) Proposing the establishment of village committees
APPENDIX IV: Responsibilities and Duties of the Executive Secretary a) To co-ordinate the work of the various departments and to pass on the governmental directives.
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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 fulfilment 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.
Appendix V: Grounds for Dismissal of Mayor and Deputy Mayor
A mayor or Deputy Mayor may be dismissed from office by the Council if he/she: a) Fails to perform the duties assigned to him by the District Council or accused of national theft or treason. b) The dismissal of the Chairman (Mayor) by the local council or Deputy Chairman or both may be proposed by one third of the members of the Council, by submitting a written proposal (petition) with justifications to the Mayor c) The dismissal of the Mayor and his deputy can take place if it is approved by two-third
(2/3) of the total membership of the Council. d) dies e) submits a written resignation letter and the council members accept his/her resignation f) If the mayor and the deputy mayor is dismissed from the office due to one or more of the above mentioned reasons, the district council must select a new mayor and the deputy mayor within 30 days period.
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Appendix VI: Grounds for Vacancy on and Dissolution of District Council
1. Vacancy on the District Council
A member of the district council shall be disqualified if that person:
1.
died
2.
submitted his own resignation that was accepted by the council or has been convicted in an interdict-table offence by a court
2. The Filling of Vacancies in the District Council
If a member of District council loses his seat for any reason whatsoever, the clan elders select another person who fulfills the criteria for district membership within 30 days (Law No.7 article
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3. Dissolution of the District Council
The district council may be dissolved according to the paragraph 2, 3 and 4 of article 50 when:
1.
the majority of its members resign from the membership
2.
the council does not hold two consecutive sessions without any justifiable reasons.
3.
it is proved that the council has intentionally violated the constitution
4.
the cases mentioned in the paragraph 2, 3 and 4 of this article 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.
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