YOUR . . . . . . . . . . . . . . . . . . . COUNCIL ORIENTATION - - PowerPoint PPT Presentation

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WELCOME TO YOUR COUNCIL ORIENTATION

Your Council Members

Mayor:

• Insert Name (Term expires October 20__)

Councillors:

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Presentation Outline

• Review of Council Orientation Manual
• Distribution of Legislative Powers in Canada
• Community Council
• Duties of Council Members
• Duties of Community Administrative Officer
• Consultative Services Available from Department
• Meeting Management
• Financial Management
• Understanding and Interpreting Financial Statements
• Conflict of Interest
• Fraud Awareness
• Question Period

Distribution of Legislative Powers in Canada

• the federal Constitution Act gives

sovereign powers to the federal and provincial government

• the federal government has jurisdiction
• ver all of Canada
• the provincial governments have

jurisdiction only within their provincial boundaries

Distribution of Legislative Powers in Canada

Delegated Authority

• local government authorities are

created by provincial legislation and have no sovereign powers

• local authorities have powers that are

delegated by the provincial governments

• council gets its authority from The

Northern Affairs Act

Community Council

Definition of Community Council

• group of representatives of the community

elected by the residents to:

• manage and provide municipal services and

programs

• ensure all decisions are made by majority vote
• operate in an open and transparent manner
• the number of council members and rate of

pay (honorarium) is set by regulation

• terms are for four years

Community Council

Legislation: Acts

• The Northern Affairs Act :
• is the legal authority under which

councils exist, function and operate

• provides for the incorporation of

communities

• the minister has the legislated authority

to act on behalf of unincorporated communities

Community Council

Legislation: Regulations

• have same authority as an act of legislature

– Community Councils Election regulation – Status and Boundaries – Unincorporated Communities and Settlements regulation – Council Compensation regulation – Procedures and Delegation of Bylaw Making Powers (Communities that are not incorporated) regulation – Conflict of Interest regulation

Community Council

• Financial
• Public Works
• Land
• Protective Services
• Environmental Health Services
• Election
• General

Reference Material

• Northern Affairs Manual of Policies and

Procedures (NAMPP)

Community Council

• Running for Council
• Council Orientation Manual
• Employee Management Guide
• Managing Your Own Affairs
• Community Management Plan Development
• Land Use Planning Guide
• Subdivision Process Guide
• Community Capital Program Manual

Reference Material

• Community Management Series Manual

Community Council

• Administrative
• Financial
• Budgeting and Coding
• Appendix

Reference Material

• Financial Management Guide

Community Council

• General Requirements
• Health and Safety

Management

• Rules, Procedures,

Practices and Guidelines

Reference Material

• A Safe Workplace

Community Council

• Introduction
• Start-up
• Operating Guidelines
• Other Information
• Appendix
• List of Forms (Obtain Online)

Reference Material

• Community Development Corporation (CDC)

Manual

Duties of Council Members

Duties (includes mayor)

• good governance
• act in the best interest of the

community

• understand council authority and

department policies

• attend council meetings and participate

in discussions/decisions

• make objective and unbiased decisions

Duties of Council Members

Duties (includes mayor)

• be aware of financial position
• accept responsibility for assigned

portfolio

• protect community assets from theft,

misuse or fraud

• ensure staff are adequately trained
• adhere to conflict of interest rules
• keep matters confidential until discussed

at a meeting open to the public

Duties of Council Members

Duties (includes mayor)

• good communication with residents and

employees

• strategic planning to meet future

requirements

• evaluate policies and programs of the

community

• serve on committees
• adhere to workplace safety and health

(WSH) requirements

Duties of Council Members

Additional Duties of the Mayor

• council representative
• leader
• chair of council meetings
• ensures council decisions are legal
• guards against conflict of interest

Duties of Council Members

• Establish the community’s organizational

structure and adopt rules of procedure:

– by bylaw if incorporated, otherwise by council resolution – review at least once during term of office

• Govern under the following legislation:

– Conflict of Interest regulation – The Municipal Council Conflict of Interest Act

Duties of Council Members

• Govern under the following legislation

cont.:

– The Freedom of Information and Protection

• f Privacy Act (FIPPA)

– Criminal Code (Canada)

Council Member’s Code of Conduct

• Establish a code of conduct

– sample code provided in Financial Management Guide

Duties of Community Administrative Officer

Duties

• an information resource and principal advisor

to council on acts, regulations, policies, procedures and finances

• responsible for implementing council decisions

– council is the decision-maker and responsible for all its decisions

• attends council meetings
• prepares agendas and meeting minutes
• drafts resolutions and bylaws
• manages and supervises all council staff

Duties of Community Administrative Officer

• prepares and presents financial statements
• maintains files and filing systems
• provides administrative support
• correspondence
• provides records for council inspection and

audit purposes

• maintains records required under Conflict of

Interest regulation

• ensures necessary documents are submitted to

appropriate authorities

Consultative Services Available from Department

Municipal Development Consultant

• facilitate council/staff development and improved

financial management and administrative skills

• facilitate council’s development of a community

management plan

• assist with trouble-shooting on financial matters
• provide information on resources and training
• pportunities
• assist in interpretation of legislation
• advise on services available from other government

departments/agencies

Consultative Services Available from Department

Recreation and Wellness Consultant

• promote recreation and wellness programming for

communities

• provide support, resources and networking
• pportunities
• promote and support professional development for

recreation directors

Consultative Services Available from Department

Technical and Public Works Consultant

• assist communities plan, deliver operate and maintain

various public works and infrastructure projects

• assist with preparation of applications, design cost

estimates

• arrange for job site meetings and engineering assistance

and advice

• work closely with council during delivery and responsible

for overall project management

• assist with preventative maintenance program and

troubleshooting

Consultative Services Available from Department

Workplace Safety and Health Consultant

• assist communities comply with workplace safety and

health requirements

Consultative Services Available from Department

Environmental Consultant

• assist communities plan, deliver, operate and maintain

municipal infrastructure for:

– water treatment plants and distribution systems – wastewater treatment plants and collection systems – solid waste disposal grounds

• assist with capital applications, designs, estimates and

RFPs

• arrange job-site meetings with councils to plan

project delivery

• arrange engineering services
• responsible for overall project management

Consultative Services Available from Department

Protective Services Consultant

• work to improve local capacity to respond to public

safety concerns in the following program areas:

• fire – support community based training and proper

maintenance of equipment and infrastructure

• emergency planning – ensure community emergency plan

updated and assist with risk assessment

• community safety officer – promote training
• ambulance – assist upon request

Consultative Services Available from Department

Community and Resource Development Consultant

• promote, assist and facilitate the process for

communities to improve social and economic conditions

• facilitate process for developing a community economic

development (CED) strategy

• assist and facilitate the process for the development
• f land use planning documents
• assist existing and potential entrepreneurs
• mentor community development staff

Meeting Management

• council determines date and time of at least

10 regular meetings per year as adopted in their rules of procedures

• if a member misses three consecutive regular

council meetings without prior approval by council resolution, the member is deemed to have resigned at the next regular meeting and the seat becomes vacant (per the act)

• the mayor may call special meetings
• council meetings are open to the public

Meeting Management

Duties of Community Administrative Officer

• prepares and distributes agenda
• prepares and presents financial statements
• requests approval of payables
• presents correspondence
• provides well researched reports
• records minutes and resolutions

Meeting Management

Duties of Council Members (includes Mayor)

• attend all council meetings
• participate in discussions
• represent concerns and views of the

community

• behave in an orderly manner
• be respectful of others

Meeting Management

Additional Duties of Mayor

• ensure there is a quorum
• conduct an orderly meeting
• ensure everyone has a chance to speak
• ensure decisions are made by resolution

and carried by a majority vote

• ensure speakers are on topic and control

the length of discussion

Meeting Management

• council may act only by bylaw or resolution passed at

a council meeting by a majority vote

• every member of council present at a meeting must

vote on a motion put forward, unless excused or prohibited from voting or conflict of interest

• bylaws are required when specified by legislation

and require three readings

• resolutions are an expression of council decisions

and require a mover, seconder and a vote

• unincorporated communities are required to file a

copy with the minister of each bylaw and resolution passed by council

Financial Management

• it is important for council to know the

community’s financial position

• financial management is making economic

and efficient use of limited resources and protecting community assets from theft, fraud or neglect

• financial management involves planning

(includes budgeting), implementing and controlling

Financial Management

Planning

• council is responsible for the annual

preparation and submission of a community management plan (CMP)

• this plan (due January 31) includes an
• perating budget, capital budget, five-year

capital expenditure program and other components required by the department (including staff training plan, recreation and wellness plan, CED strategy)

Financial Management

Implementing

• throughout the year decisions are guided by the

CMP

• significant deviations from the plan will require

council to act to ensure that council does not incur a deficit

– anticipated deficits must be reported to the minister for approval per the act

• council must identify cost savings or extra

funding needed prior to approving any unplanned expenditures

Financial Management

Controlling

• financial control by council requires current

and accurate financial information

• information is found in the community

financial statements

• understanding of these financial statements

is required to make good financial decisions

Understanding and Interpreting Financial Statements

• Refer to Appendix B of the manual

Financial Management

Conflict of Interest

• arises when a council member takes advantage
• f their position on council to benefit

themselves or their immediate family members as defined in the act

– refers to a spouse or common-law partner and any dependant child residing with the member

• members of council cannot use their position

for direct personal gain and must excuse themselves from the meeting if they have a conflict of interest

Conflict of Interest

• Conflict of Interest regulation and The

Municipal Council Conflict of Interest Act requires that each member file a statement of assets and interests with the CAO prior to entering on the duties of a council member and update when change occurs

– Act: section 10 details the assets and interests that must be disclosed and section 11 details the exemptions

• council members must disclose any conflict of

interest

• statements filed are public documents

Fraud Awareness

• each council member is responsible to protect

community assets from misuse, theft or fraud

Fraud Related Facts

• fraud is often a result of poor management

practices which should not be tolerated by council

• early detection reduces losses, whereas delay

increases them

• prevention starts with good financial and

administrative practices

• be aware of the warning signs

Fraud Awareness

Warning Signs

• infrequent council meetings
• no approval of prior minutes, expenditures and

financial statements in council minutes

• unapproved expenditures
• no documentation for expenditures
• late or no bank reconciliations
• late payments/late payment charges and penalties
• inability to complete projects on a timely basis
• failure to deposit reserve funds into reserve

investments on a timely basis

• signing of blank cheques

Fraud Awareness

Preventing Fraud in Your Community – Duties as a Member of Council

• attend council meetings and ensure they
• ccur at least monthly
• ensure resolutions are passed approving all

payments made or to be made each month and list totals are correct

• ensure a resolution is passed approving the

latest financial statements and a bank reconciliation is attached

• ensure minutes are complete prior to

approval, with all lists attached

Fraud Awareness

Preventing Fraud in Your Community – Duties as a Member of Council

• ensure all payments presented for approval have

backup and any unusual interest charges are noted in the minutes with council’s plan to investigate/correct the situation

• ensure all travel advances are within department policy

and adequately accounted for

• take any complaint or rumour of misuse of community

assets seriously

• ensure immediate family as defined under conflict of

interest are not signatories on a cheque

• report any concerns immediately to the department

where council fails to adequately address any of the above deficiencies

QUESTIONS