DUTIES OF A COUNCILOR
Adapted from an article by Douglas Forer and Hugh Kelly, of Miller Thomson LLP, that first appeared in the 26 January 2001 issue of The Lawyer's Weekly.
Duty of Knowledge
Shall know the municipal organization “inside out”.
Review fundamental documents establishing the municipal government (Local Government Act, Community Charter), review the municipality’s by-laws and internal procedures. Review municipal strategic plan, official community plan(s), and municipal values statement.
Shall act honestly and in good faith with a view to the best interests of the municipality and all its residents and businesses, and exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances.
Actively bring skills to the municipality – capability depends largely on the experience of, and the responsibilities entrusted to, the councilor.
Act with practicality and caution, while carefully anticipating the potential consequences of any actions taken by the municipality.
Review the council meeting agenda and accompanying documents, attend meetings, take meeting notes and review and comment where necessary, on the post-meeting minutes.
Express views during the meeting, while being responsible regarding the use of time and the need to accomplish the business on the agenda.
Vote on all issues, unless prohibited.
Take actions that will preserve the integrity and reputation of the municipality and the council.
Appoint officers, establish and monitor policies, comply with legal requirements, acquire an adequate knowledge of the municipality’s ongoing affairs and enact appropriate by-laws and internal procedures to assist the municipality in the management of its affairs.
The key to management is proper delegation, and the key to proper delegation is to consider what a prudent person would do under similar circumstances.
Be constantly aware of the duty to manage the affairs of the municipality for the benefit of the residents and businesses, rather than for the benefit of staff and council.
Exercise the utmost good faith, trust, confidence and candour, while acting with the highest degree of honesty and loyalty toward, and with a view to the best interests of, the municipality and its residents and businesses.
Be committed to conducting public business in public, opposing attempts to limit public input or public access to information except as required by law.
Be prepared to disclose fully, and defend without rancor, the basis for positions taken on public issues and the decisions flowing from those positions.
Where a councilor has a pecuniary interest in a matter before council, or owes loyalties to one or more individuals or organizations, a councilor must properly manage the conflict by fully disclosing his/her interests and refraining from voting on the subject of the conflict.
Be aware of the inherent limitations on the activities of the municipality, as expressed in the relevant legislation (Local Government Act, or Community Charter) and the by-laws.
Oppose any motion that might exceed the authority of the municipality and ensure that this opposition is properly reflected in the minutes of the council.