Dear Editor,
Please permit me to respond to Minister of Communities Ronald Bulkan’s letter titled ‘The mayorship is not a mostly ceremonial position’ (SN, March 18).
In my original letter I was alluding to the fact that there is a general perception by the public that the mayor has executive functions. Mr Bulkan reinforces my position that this assumption is inaccurate when he quoted the relevant sections of the law, which outline the roles of both council and town clerk.
The Minister referred to Section 8A (a) and Section 8A (g) of the Municipal and District Councils (Amendment) Act 2013. Part (a) talks about the policy-making role of the elected councils and part (g) outlines the oversight function of the council and the executive/management role of the town clerk in asserting “the general duties of City Councillors shall be to – ensure that the municipality is managed in a professional and competent manner by a qualified Town Clerk.”
I did say in my letter that the council has policy-making authority (it is in fact the legislative authority of the municipality system). In this construct the mayor is first among equals on a council and is the public face and voice of the council. The word ceremonial is applied when no executive authority is conferred.
I agree with the Minister that the town clerk is not master of the council and it was never my intention in my letter to purport otherwise. However, this “servant” has a responsibility to achieve the goals set out by the council and manages the municipality the best way he/she sees fit and based on his/her competencies.
In terms of the hiring and firing of the town clerk (or any staff member of the municipality), the quoting of Section 8A (g) of the law by Minister Bulkan has not convinced me that it empowers the council to hire and fire. What however convinces me fully is Section 78 (A) of the constitution which says “Parliament shall establish a Local Government Commission (LGC), the composition and rules of which empower the commission to deal with as deem fit, all matters related to the regulation and staffing of local government organs”. This is further reinforced in clause 13.(1) of the LGC Act 2013 which says the “commission shall have power to deal with all matters relating to the regulation and staffing of local government organs including employment and dismissal of staff.”
Please note the use of the word “all”. Moreover, to carry out this function effectively, clause 13.(1) empowers the LGC to “monitor and review the performance and implementation of policies of all local government organs” and to “evaluate and make recommendations on policies, procedures and practices of all local government organs in order to promote effective local governance.”
This creates duplication of responsibilities between the council and the LGC and can create disorder and discontent between the two agencies.
I will close by repeating the call for a new task force on local government reform for a much simpler system and one that empowers a citizens’ elected mayor with managerial responsibilities.
Yours faithfully,
Clinton Urling
