How Local Government Works
In all Provinces, there are well-developed systems of local government. Local government includes municipalities, as well as forms of quasi government such as School Boards, Health Boards, Regional Districts, Local Improvement Districts, Courts of Revision and Police Boards. The job of an elected Council of a local government is to act as that of policymaker and to provide direction to staff who are employed to carry out Council's policy and direction through set procedure. To obtain assistance in the decision-making process, Council appoints various standing and select committees and task forces.
Local Governments have the ability to undertake many functions, as legislated to them by the Provincial Government. In the municipal world, this means the Ministry of Community Services. This provincial ministry writes the law local governments must follow - the Community Charter and the Local Government Act.
This legislation sets the groundwork for operation of the municipality: What a local government is allowed or not allowed to do and how they are mandated to do it. Very little of what a municipality does or is allowed to do comes from outside of the Community Charter or Local Government Act.
Local Government Act reform during the late 1990’s, starting with the passing of Bill 88 by the Provincial Government, indicated a move by the Province to grant greater empowerment to Municipalities and resulted in the introduction of the Community Charter, which will eventually replace the Act.
To provide for the functions and services available through the municipality, money is raised through the collection of property taxes. Taxation is imposed in May of each year and is levied against land and improvements. Municipalities in British Columbia formerly received grants from the Province, but in very recent years, these grants have become virtually non-existent.
In addition, certain services formerly provided by the Provincial Government have been turned over to the Municipalities, thus putting a strain on monies already tagged for expenditure in other areas. Municipalities are not permitted to run a deficit, as are other levels of government, so when services are downloaded, something must be foregone in order to meet the budget.
Section 7 of the Community Charter states the purposes of a local government including:
- Providing good government for its community;
- Providing the services and other things that the local government considers are necessary or desirable for all or part of its community;
- Providing stewardship of the public assets of its community; and
- Fostering the current and future economic, social and environmental well-being of its community.
Decision-Making Structure in Squamish
Decision making at the District of Squamish comes in various forms involving input from a variety of sources. Citizens are involved through forums such as public meetings, public hearings, open houses, delegations, petitions and correspondence. Standing and Select Committees and Task Forces, consisting of representatives from Council, community groups, and the community at large, work together as a team in the decision making process.
Public and private groups and organizations make pitches and presentations to staff or Council to help move processes along in a smooth manner. Staff keeps Council in the loop on projects in the works at the District through the Report and Presentation process. Having been kept up to date on issues, Council is able to make informed decisions when matters formally appear for action at a Council meeting.
Other levels of government may need to be involved in decisions being made by/for the District. On occasion, make decisions unilaterally that affect the District without any active involvement from staff or Council.
Term of Office
Term of office are mandated by Section 119 of the Community Charter, which states that Mayor and Councillors serve for a term of three years starting from the first Regular Council Meeting following the election. Local Elections are held the third Saturday in November, every three years. The next Municipal election is November 19, 2011.
Powers of Council
Legislation regulates that Council must exercise the powers of the local government in the proper form, either by a bylaw or a resolution, receiving the required number of majority vote. There are instances where a simple majority vote adopts the resolution and instances where the majority must consist of a two/thirds majority of Council. Council holds both the legislative and administrative powers in the municipality.
The Local Government Act and Community Charter legislate these powers and regulate what Council is legally allowed to act on and in what prescribed manner. But, Council also ultimately holds the power to set policy and monitor and evaluate the implementation of local government programs, authorizes revenue collections and subsequent expenditures necessary to operate the District of Squamish that could not possibly be accounted for in the Charter or Act.
Aside from positions on Committees and Boards, where individual members of Council sit in representation of the District, individual Council members cannot make binding commitments on behalf of the District of Squamish or Council as a whole. Promises made to individuals or groups in the community via private discussions have no validity. The Council member can only bring the matter forward to a Council meeting and make a pitch, in the form of a Notice of Motion, for the rest of the Council to vote on, or for a request that staff prepare a report on the same.
