Roles and Responsibilities of Council and Staff Policy

Purpose:

The purpose of these guidelines is to provide Council and staff with a general reference concerning the roles of both in carrying out the business of the municipality.

Implementation Procedure: 

Analysis

In municipal government, elected representatives (councillors) and appointed staff work very closely together in carrying out the responsibilities of the municipality. At this level of government, the general public sees very little separation between the two. Consequently, at this level it is even more important to clearly understand the differences between the two.

Clearly, councillors are elected by the people and have a representative role. They are elected to represent the people and to guide the municipality. They “steer” the ship. As elected representatives they also perform a quasi-judicial role in certain situations. An example would be when Council holds public meetings to review certain planning applications.

Staff on the other hand, are hired to perform specific duties. They implement the decisions of Council and provide Council with advice and information. Some staff have specific duties placed upon them by legislation and must respond to that responsibility along with their other municipal duties. For example, the Clerk has certain duties under the Municipal Elections Act and Council cannot vary or influence these.

Guidelines

Members shall be respectful of the fact that staff work for the municipality as a corporate body and are charged with making recommendations that reflect their professional expertise and corporate perspective, without undue influence from any individual member or group of members of Council. 
 
Members shall acknowledge that only Council as a whole has the capacity to direct staff members to carry out specific tasks or functions. Members of Council are encouraged to contact staff to answer questions, identify concerns or request services that are normally available to any Norfolk County resident.  Members of Council shall not direct the nature, level, timing, or type of service provided in response to their request. This is especially true where staff is not authorized, or do not have the resources to complete a Member of Council’s request for information or service. 
 
Where a Member of Council’s request for information or service is outside the employee’s realm of responsibility, approved plan, or available resources, the employee shall inform the Member of Council and their direct supervisor and/or department head, for an appropriate and timely response to their request. 
 
The following provides a general outline of the roles and responsibilities of Councillors.

A. Representative

1. Represent the people 
2. Make policy 
3. Oversee the implementation of policy 
4. Overall management of resources 
5. Public relations ambassador 

B. Quasi-judicial

1. Public Meetings – Planning Act 
2. Court of Revision – Drainage Act 

Members of Council need to be aware of the differences between these two primary functions. When setting policy, Council looks at the advantages and disadvantages of policy alternatives and sets out what the municipal policy will be. When dealing with Quasi-judicial issues, Council members review the information before them and seek to clarify the facts in order to rule on the application as it applies to the approved policy or legislative guidelines in place. Council reviews a particular application and rules on its merits.

Members of Council must also be aware of situations where Council is really only a delivery agent of the provincial government. For example, the Ontario Works program is a mandatory program and the municipality must provide it and provide a minimum level of service. These programs exist in various functional areas such as Health and Social Services.

Council also has special relationships with various boards and organizations. In these cases Council has input to the decision-making process but does not have ultimate control of the decisions being made. Examples of these situations include the Police Services Board, the Conservation Authorities and Norfolk Power. These bodies do not require Council approval to act. 
The Committee of Adjustment although appointed by Council makes decisions independent of Council’s direction. Their responsibility is to judge applications on their merit and in relation to the approved planning policies of Council. This is a similar situation to when Council is dealing with planning applications for re-zoning or OP amendments.

The following provides a general outline of the roles and responsibilities of staff.

A. General 

1. Implement Policy 
2. Day-to-day management of operations 
3. Provide advice and information to Council and residents 
4. Public relations ambassador

B. Legislative

1. Municipal Elections Act – Clerk
2. Tax Sales Act – Treasurer 
3. Municipal Act – Clerk, Treasurer, Tax Collector 
4. Provincial Offences Act, Building Code, Planning Act, etc. 

Once again, these two areas must be viewed as separate and independent. Whereas Council provides direction to staff in their general operational roles, legislation dictates how staff will operate in their legislative roles.

In some cases, Council and staff have similar roles (example – Public relations). Both parties need to be aware of these areas and provide a consistent response when called upon to act in these roles. 
Attached for your additional information are copies of material prepared by AMO/OMMI that provide insight into the roles and responsibilities of Council and staff. This material is part of an orientation package that AMO/OMMI make available to Council members following each municipal election. The complete manual is available for review in the Clerk’s office.

Attachment: 

• AMO/OMMI - Roles, Responsibilities & Relationships