The local government organization

This chapter describes the key elements of the organization of local governments in New Brunswick.

• Councillors can be elected on a ward-based system, an at-large system or a combination of the two. The mayor is always elected on an at-large basis. 
• A council can determine, through adoption of a by-law, the number of council members and how representation will be determined (at large, by ward or a combination of both). 
• Vacancies on council can occur for a variety of reasons and specific steps must be taken by the local government to address vacancies when they occur. 
• There are different ways local governments may be organized to conduct their business. Two approaches commonly used include the Council-CAO system and the Council-Standing Committee system and there are benefits and challenges with each.   
• The purposes, powers, and functions of local governments are outlined in the Local Governance Act. 
• Roles and responsibilities of council and senior staff are generally outlined in the legislation and understanding them is critical to the effective functioning of a local government. 
• There are a variety of actions a council and staff can take to help ensure a healthy and effective local government team is established and maintained.

Sections 42 through 47 of the Local Governance Act outline the legislative authority for establishing council composition (number of council members) and the type of system by which council members will be elected – (i.e., by general vote – the “at large” system or by voting based on wards, or a combination of the two). 

A local government is divided into sections (wards) by a by-law of its council or through the Local Governments Establishment Regulation that provides a detailed description of the boundaries of each individual ward. The wards are usually based on criteria such as size and population, with one or more council members representing each ward. The council member elected to represent a ward must reside in that ward at the time of nomination. The residents of that ward vote for the candidate of their choice. When there is only one candidate nominated for a seat in a ward, that candidate is elected by acclamation.  

Although a council member is elected to represent a particular ward in this system, they must nonetheless consider the interests of the entire community when engaged in the decision-making process. The council of a local government divided into wards may, where a by-law so provides, also have one or more councillors elected on an at-large basis. In a ward only system, the mayor is the only candidate who is elected at large by all voters in the local government. 

In the case of an “at-large” system, all candidates who run for council are elected by eligible voters of the entire community. All eligible voters may cast their votes for their preferred candidates running for the allotted council seats and for the mayoral position. Those candidates who receive the highest number of votes win the available seats on the council. 

To change from an “at-large” system to a “ward” system, the following procedure is to be followed: 

• Staff from the local government prepares analysis of options for changing system of local representation for consideration by council. 
• Council passes a by-law dividing the local government into specified wards.  The by-law requires an affirmative vote of a majority of the council. Note that this is a higher threshold than required for typical council resolutions and by-law making decisions. Normally, such decisions require a majority of the members present, as a long as there is a quorum. 
• The by-law must be filed with the Municipal Electoral Officer more than six months before the next general election (to have effect for that election). 
• This by-law cannot be repealed or amended until four years have elapsed from the making or amendment of the by-law or six months preceding a municipal election. 

The same process would be used to move from a “ward” system to an “at- large” system and all items noted above also apply. 

In a local government that is divided into wards for election purposes, a person is not qualified to be nominated as a candidate for a ward unless they are a resident of that ward when they are nominated. 

If a ward councillor moves out of the ward they represent but remains within the boundaries of the local government, they can continue to serve as a council member. 

The type of electoral system a council chooses may depend upon the demographics and culture of the community and the history of the area. 

The at-large system may appeal to smaller communities, as smaller populations and boundary areas may not be suitable for division into wards. Moreover, it is not always easy to find candidates to run for municipal office, let alone for specific wards.  

A ward system might be more suitable where a local government is significantly larger in population and area as well as diverse in its history, culture, race and ethnicity.  This may help to ensure that all interests are more adequately represented on the council. 

A hybrid approach of including both ward-based representation and councillors elected at large in a community may be an effective compromise for some communities. It may provide further assurance that both the broad and specific interests of the community are represented and considered. 

Council composition will vary among local governments. The composition of a council shall be determined by by-law. (Local Governance Act: 42, 43, 44) 

The minimum number of council members elected in a local government shall consist of a mayor and three councillors.  A by-law that changes the composition of the council can only be passed with the approval of a majority of the council. Once passed, it cannot be amended or repealed for four years. The process of changing council composition is the same as it is for by-laws to change from an at-large system to a ward system or vice versa. 

It is important to note that the “majority of the whole” includes all members of council including the mayor, (e.g. if you have six councillors and a mayor, the entire council would be seven, and a majority of four votes would be needed to pass this by-law).  Where a local government’s procedural by-law specifies that “a mayor shall only vote in the event of a tie”, the quorum of council remains seven, and four votes would be required for a decision in this example.  (Local Governance Act: 43, 44, 45.) 

There are some by-laws that require a larger threshold such as the composition of council by-law.  The Act will state if a higher threshold is required. 

Whether candidates run for office in their local government in an “at-large” system, ward system, or combination of both, if there are no more candidates nominated than are required for the council positions, the candidates are deemed elected by acclamation. For example, in an at-large system, if there are five council seats (four councillors and mayor) and there are five candidates (four candidates for councillor positions and one candidate for the mayor position) then all candidates would be acclaimed, and they would form the new council. (Municipal Elections Act: 19(1).) 

When does a vacancy occur? 

A vacancy on council occurs for the following reasons: 

• There are fewer candidates nominated than are required for council office. 
• A member resigns from office. 
• A member dies while in office. 
• A member is convicted of an offence punishable by imprisonment for five or more years, or an offence under section 122, 123, 124 or 125 of the Criminal Code of Canada. 
• A member fails to take and subscribe to the oath of office prescribed by the Minister after the expiration of the time frame referred to in section 42(1) of the Municipal Elections Act following the person’s election. 
• A member ceases to be a resident of the local government. 
• Except in the case of illness or authorization of a leave by the council (resolution required for authorization), a member is absent from the local government for more than two months at one time or absent from four or more consecutive regular meetings of the council. 
• A member has been disqualified or declared incapable of holding office under this or any other Act. (Local Governance Act: 50(1).) 

Important steps for vacancy declaration 

1. A member of council may resign from office by filing with the clerk a resignation in writing.   
2. When a member of council resigns, dies while holding office or is no longer able to serve on council for a reason outlined in subsection 50(1) of the Local Governance Act, the council must within two months from the date the vacancy occurred, declare the vacancy by a resolution of council.  
3. Within 10 days of the declaration of the vacancy by council resolution, the clerk of the local government forwards a certified copy of the resolution to the Municipal Electoral Officer at Elections NB by email at [email protected] or to the following address: 

Municipal Electoral Officer 
Elections New Brunswick 
P. O. Box 6000
Fredericton, NB
E3B 5H1

The following section outlines different organizational structures being used by New Brunswick’s local governments. These structures, as well as variations of both, generally evolve over time. 

The general principle of the responsibilities of elected officials and local administrators and the type of structure a local government adopts to function includes a separation of governance and administration. Council members are elected to provide direction, and the administration implements the direction of council. 

The council-chief administrative officer (CAO) system is based on the principle of separation of policy from administration. In general terms, a council is responsible for setting policy direction for the local government, while staff, through the CAO, is responsible for administration and operations. Council must not be involved in the day-to-day administration and operations of the local government.  

The CAO of a local government is expected to: 

• ensure that council policies and decisions are adhered to and carried out
• supervise department heads/staff
• coordinate, develop and implement hiring and human resource management practices
• oversee the preparation of annual estimates (budget) for the council’s budget deliberations
• oversee the administration and enforcement of by-laws
• prepare and present reports to council
• apprise the council of all matters of importance in the community
• apprise the council on all matters of importance regarding administration of the local government
• ensure the local government has developed and maintained a Capital Asset Management plan
• ensure the local government has adopted an annual report each year
• work with the council to develop a strategic plan for the local government and follow up with the plan implementation

Some of the benefits of having a council–CAO organizational structure include: 

• ensuring sound and balanced advice to councils
• ensuring that staff report to one individual and not to several members of council
• ensuring that reports and recommendations are thorough and prepared before being considered by council for a decision
• helping to ensure greater staff stability, particularly following local government elections
• enabling the council to focus on its primary role of policy setting, providing strategic direction and related decision-making for the local government
• ensuring that there are systems in place for the ongoing training, professional development and compensation of staff
• ensuring that effective and efficient administrative and operational policies and procedures are in place and maintained

All CAOs must ensure that they keep their respective councils informed of important administrative and operational matters. This can be done during council meetings.   

In recent years, a trend has seen local governments have the entire membership of council sit in “Committee of the Whole” to improve efficiency (instead of having four or five standing committees). A Committee of the Whole provides the opportunity for all council members to hold discussions on local government matters and receive detailed information from administration, delegations or subject matter experts before it is formally considered and debated at a regular council meeting. This approach may help all council members be more informed of and more engaged in the issues of the local government. 

Committee of the Whole meetings are, in a way, a council’s research and information session, and are held in a less formal atmosphere than a regular council meeting.   

Any items presented at the Committee of the Whole that require formal resolutions of council (i.e., a decision) would be brought forward to a regular council meeting for consideration. As a best practice, the clerk and CAO should attend these sessions along with any other required staff, depending upon the matters being discussed. However, unlike the standing committee structure described below, the Committee of the Whole generally meets less frequently, and all council members are present to hear the discussion. This model may reduce the number of meetings for council members and may also reduce administrative expenses. 

All Committee of the Whole meetings are to be open to the public. However, they may be closed to the public for the specific reasons listed in section 68 of the Local Governance Act.   

It should also be noted that along with the Committee of the Whole structure, a council may still have standing or ad hoc committees. Examples may include committees, boards, or commissions established for recreation, economic development, and utility purposes.  

Standing committees are working committees of council where recommendations are developed for council decision-making. The chair is appointed by the mayor (as determined in a local government’s procedural by-law) with two or three members of council on the committee. The committee appointees are ratified by a resolution of council, with position, mandate of the committee, and length of term stipulated in the procedural by-law.   

While this structure is still in place in several local governments throughout the province, it is becoming less popular due to lack of resources and time commitment requirements. This type of structure tends to allow the bulk of discussion and debate of pertinent issues within various committees, with all recommendations forwarded to council for consideration and final decision-making. This being the case, there is the potential for some duplication of effort. Furthermore, local government staff may spend considerable time preparing for the various committees, sometimes at the expense of the overall administration of their respective departments. 

The CAO, treasurer and clerk (or their designate) and staff responsible for the departments should be present at all standing committee meetings to provide advice on all administrative and financial matters so that well-informed and rational policy recommendations are put forward for council consideration. Examples of standing committees include those dealing with finances, recreation, public works, public safety, culture and heritage, human resources and economic development and growth. 

Some local governments allow residents to participate on their standing committees. Ideally, qualifications and terms of reference for committee membership should be established and then residents can apply for the committee positions. Following a review of the applications, appointments to the committees can be formally made by resolutions of council.   

To avoid other council members feeling that decisions have already been made prior to reaching the council table for ratification, it is best that the number of members of council on a standing committee does not exceed the council majority. 

The mayor may participate as an ex-officio member of all standing committees. 

Ad hoc committees in a local government serve in an advisory capacity to council and are created by the council and should have well-defined mandates, duties and terms of reference. These committees, usually involving community-minded volunteers, are created as needs are identified and specific advice, research and recommendations are required for council to make well-informed decisions.  Generally, the mandate and terms of reference are not identified in a local government’s procedural by-law, unlike the standing committees of council. 

The Local Governance Act that came into force in 2018 recognizes the need to provide local governments with greater flexibility regarding their role in meeting the needs of their respective communities and residents. The purposes and powers of local governments were written and enacted with this in mind. 

Local governments have been established for the following purposes: 

1. Providing good government: this means that local councils and administrations are working together and making and implementing decisions aimed at supporting the positive development of their respective communities. 
2. Providing services, facilities or things the council considers necessary or desirable for all or part of the local government. 
3. Developing and maintaining safe and viable communities. 
4. Fostering economic, social, and environmental well-being of their communities. 

Combined, these purposes give local governments a broad mandate to serve, support and administer their communities. (Local Governance Act: 5) 

To fulfill the purposes previously described, local governments have at their disposal a variety of powers aimed at giving them enough authority to meet the current and emerging needs of their communities. These include: 

1. Natural person powers: Local governments have been given natural person powers which means they can exercise various corporate powers not specifically outlined in the governing legislation (e.g., entering into contracts, hiring staff for the organization, suing and / or being sued). 
2. Vesting of local government powers in the council: The powers of a local government are vested in and shall be exercised by its council. The council is the decision-making body for the local government; however, the legislation also gives certain staff of the local government various responsibilities and also allows councils to delegate some of their powers, duties and functions, with some exceptions, to officers of the local government. 
3. Continuity of business: Anything begun by one council may be continued or completed by a succeeding council. This ensures that following local government elections, the work of the local government continues, and that decisions and initiatives of former councils continue to have effect until such time as council makes decisions to make adjustments. 
4. Entering into agreements for providing services outside boundaries: Local governments may enter into agreements to provide services, utilities and facilities to persons outside the territorial limits of the local government. 
5. Airport Commissions: A local government may participate in an airport commission and may enter into an agreement for that purpose. (Local Governance Act: 6.) 

The Local Governance Act addresses the powers local governments have been granted. To ensure that local governments can be as responsive as possible to community needs, the Act states that such powers “shall be interpreted broadly in order to provide authority to the council to enable it to govern the affairs of the local government as it considers appropriate and enhance the council’s ability to respond to issues in the local government”. (Local Governance Act: 7) 

Local governments have the authority to establish corporations or hold securities of corporations for a municipal purpose for any one or more of the following purposes: 

• the provision of a service 
• the operation of a utility
• the undertaking of economic development activities as determined under Section 104 of the Local Governance Act
• the management of properties of the local government

Note: A local government does not have the authority to establish a corporation that operates for the purpose of making a profit or acquire or hold securities of a corporation that operates for that purpose. (Local Governance Act: 8) 

A council may, by by-law, delegate any of its powers, duties or functions under the Local Governance Act, any other Act or by-law to a committee of the council, an officer of the local government, or a corporation referred to above, unless this Act or any other Act provides otherwise. 

A council does not have the authority to delegate any of the following powers: 

• its power or duty to make a by-law
• its power or duty to pass a resolution
• its power to make, suspend or revoke the appointment of an officer of the local government
• its power to borrow money
• its power to establish an operating reserve fund or a capital reserve fund. (Local Governance Act: 9)

Local governments have a regulatory role, which is exercised through by-law making powers. Section 10 of the Local Governance Act specifies the matters a local government may regulate by by-law and how such matters may be regulated.  

The Local Governance Act also specifies the by-laws that a local government must enact. They include by-laws to: 

• establish procedures at council meetings, including any matters prescribed by regulation; 
• establish the code of conduct for members of council prescribed by regulation; 
• impose a requirement that dogs be vaccinated against rabies, including schedules for the vaccinations and the assessment of the effectiveness of a previous vaccination, and 
• provide the service of police protection. 

There are other provincial statutes that also provide local governments with specific by-law making authority and associated processes. These include the Community Planning Act, the Heritage Conservation Act and the Emergency Measures Act, among others.  

In addition to service provision and by-law making, the local level of government has a governance role that cannot be underestimated. The leadership and policy-making roles of council, entrusted by its residents, has a very important place within the complex structure of federal, provincial and local institutions that serve to regulate, protect and promote the diverse sectors and interests of society. The services a local government provides and the by-laws it enacts are very much a reflection of this governance role. 

Council members are elected for the purpose of bringing about improvements in their community. Together, not individually, they exercise all the powers of the  

local government. In addition to their community representation role, the members may perform a variety of other functions: (e.g., a councillor may serve as deputy mayor, as chair of a standing or ad hoc committee, and / or as member of a commission or the mayor’s representative or delegate for specific matters). 

Their work to improve the good of the community is found in three types of activities: 

• Deliberations and sound decision-making. 
• Participation at regular and special meetings and committee meetings. 
• Consultation with and accountability to the residents.  

A council member will be held accountable for the positions they may take on resolutions, by-laws, policies, budgets or any other matter that affects a local government. Council members should expect to have to explain council decisions and why they personally voted a certain way.   

At the ballot box, the residents choose someone to represent their local interests (except if a council member is elected by acclamation). Given this responsibility, decisions made by council must be seen by the electorate to have been properly reviewed, considered, debated and implemented.

The Local Governance Act outlines, in general terms, the roles and responsibilities of the mayor. These provisions are meant to highlight their primary functions. It is important to keep in mind that the legislation does not speak to all the specific activities a mayor may be involved in during their mandate. For example, the Act does not mention that a mayor acts as a key liaison between the staff of the local government and the council, nor does it include the mayor’s role of recommending individuals to committees of council. Of course, the final decision regarding any recommendation is that of the council. 

The mayor or their delegate shall preside at all council meetings. In this capacity, they are the chief moderator and are required to maintain order and ensure proper meeting procedures are followed. This role is critical to ensuring that the debates are fair, respectful and productive. The mayor should also work closely with the CAO and/or Clerk to ensure that all relevant information is presented and ultimately that the best and most informed decisions are made. (Local Governance Act: 48(1)(a).) 

The most important role a mayor assumes is that of providing leadership. Leadership in the local government context means facilitating a team approach among all council members and between the council and the administration. It involves serving as an unbiased leader among council members and the administration. It involves encouraging and motivating councillors and staff to serve the community in the most effective and efficient manner possible.  

Mayors must work and communicate with councillors to foster and move toward a common vision for the local government they serve. The mayor must communicate information and recommend actions to councillors for the improvement of the local government’s finances, administration and government. If there are issues affecting how council is functioning, the mayor should take the lead in addressing them.  (Local Governance Act: 48(1)(b), (c).) 

The mayor of each local government in a region sits on the Board of Directors of a Regional Service Commission (RSC), along with the chair of the Rural District Advisory Committee.  The Board of Directors governs the RSC on behalf of the region as a whole. Under the Regional Service Delivery Act, the Board is responsible for: 

• overseeing the delivery of mandated and agreed regional services
• approving annual operating and capital budgets
• adopting by-laws, policies, and procedural rules
• approving the Regional Strategy and ensuring legislative compliance
• providing oversight and direction to the Chief Executive Officer (CEO)

When serving on the Board, mayors act in a regional governance capacity, balancing local perspectives with regional priorities.  Mayors are expected to: 

• participate actively in Board and committee meetings
• bring local perspectives while working toward outcomes that benefit the entire region
• contribute to strategic planning and budget decisions from a regional perspective
• support and uphold Board decisions once adopted

Further information on the role and responsibilities of RSCs is provided in chapter 16 (RSC Roles and Responsibilities).  Board members should speak with the CEO of their respective RSC about any training or region-specific orientation sessions. (RSC Roles and Responsibilities).  

While it is important to recognize that the mayor does have a special role in the local government organization and in terms of a relationship with other council members, the mayor is subject to the direction and control of the council and shall abide by the decisions of council. It is the council that is the decision-making body. Decisions of the local government are not to be made by an individual member of council but must be made by the council at regular or special meetings of council. (Local Governance Act: 48(2).) 

The mayor needs to understand the community, its issues and concerns, and must be able to lead the council towards a successful resolution of the matters at hand. As leader, the mayor is expected to be capable of “rallying the troops” around a particular issue or course of action. The direction, however, must be established by the entire council, rather than by the mayor individually. The mayor has an obligation to convey the will of the council to the public, regardless of whether they supported the decision of the council. 

The mayor acts as the primary liaison with the administration of the local government. Depending on its size and structure, the mayor will likely interact on a regular basis with the CAO and /or the clerk. The mayor should also act as the key spokesperson for the elected officials. This means that the mayor is the person who will speak to the media and the public on behalf of the council. In some instances, the council may designate a member of council, other than the mayor, to speak to the public and / or media on behalf of the council on a specific matter. (There may be a matter in which a designated councillor is playing a lead role and therefore has the most knowledge about the issue at hand.)  

The mayor will also usually be the main liaison with the elected officials of other governments, be they local, provincial or federal. This does not preclude other members of council attending events on behalf of the local government and acting as advocates for matters of concern to the council. The mayor or designated council member has an obligation to keep the council informed of all official activities. (Local Governance Act: 48(1)(d).) 

The mayor often acts in an ex-officio capacity to all standing committees of council. This is another example of a role the mayor has that is not legislated but rather has been acquired over time. 

Being mayor involves participation in a variety of ceremonial activities. Unless the mayor is absent from the community, they will usually be the individual who will represent the local government at ceremonies. Again, this ceremonial function is not legislated but is expected given the role that the mayor has as council’s leader and spokesperson. 

Given the mayor’s role of ongoing liaison with the administration through the CAO or clerk, the mayor has a responsibility to liaise with the CAO/Clerk to ensure that council’s directives and or policies are being followed and/or implemented. This role is important as a means of ensuring that the decisions of council are being understood and acted upon by the administration. 

The mayor, along with the clerk, are the key signatories for the local government and sign all legal contracts, agreements, deeds and other documents to which the local government is a party. The mayor and clerk should be given authority by either council by-law or resolution before signing any of the aforementioned documents on behalf of the local government. If the signatures are to be reproduced, a council resolution would be required to do so. It is important to designate alternate signing officers and have signed authorization cards from the local government’s banking institutions in case of illness or absence of the key signing authorities (e.g., mayor, clerk, treasurer, any other person that council appoints). (Local Governance Act 4(3)(b); 77(1), (2).) 

The Act states that unless disqualified to vote by reason of interest or otherwise, all members of council, including the mayor, must announce their vote openly and individually when making decisions. However, the Local Governance Act also allows a local government to specify in its procedural by-law that the mayor shall only vote in the event of a tie. (Local Governance Act: 66(1), (2).) 

Along with the other council members, the mayor does have a role to play in shaping policy direction for the local government. The mayor may provide a point of view during a council meeting and can engage in the debate (if the appropriate meeting procedures are followed). A mayor may also have an impact on policy direction by being able to vote on items before council, if they are not limited by the local government’s procedural by-law to only voting in the event of a tie. 

As previously indicated, the legislation specifies that the mayor shall “…recommend actions to council for the improvement of the local government’s finances, administration and government”. This implies that a mayor should be thinking about the programs, by-laws, policies and structure of the local government and how well they are serving the community. To do so, the mayor must be attuned to the community and its evolving needs and challenges. 

The mayor may also have assigned responsibilities through the local government’s procedural by-law or by way of policies adopted by resolution of council. An example of what might be included in a procedural by-law in terms of the mayor’s role is the nominating of council members to committees. Such a role might also be outlined in a local government’s policy manual. (Local Governance Act: 48(1)(e).) 

The Local Governance Act specifies that the council of a local government shall elect a deputy mayor. The procedural by-law must outline the manner in which a deputy mayor is elected and the duration of their term. 

The deputy mayor plays a significant role in a local government. If the office of the mayor is vacant or in the absence or inability of the mayor to act, the deputy mayor would act as the mayor and would assume all the powers and duties of the mayor.  If the deputy mayor is acting in the place of the mayor, they still fill the role of deputy mayor as well, and the council would not appoint another deputy mayor.  In the absence of the deputy mayor or the inability of the deputy mayor to act as the mayor, council shall appoint a councillor to act in the place of the mayor, and while acting in that position, the councillor appointed possess the powers and duties of the mayor. (Local Governance Act: 10(2)(a); 48(3); 48(4); and 48(5).) 

Local governments serve their communities by providing services and programs. They also serve their communities through the by-laws it puts in place and enforce. One of the roles of the councillor is to ensure that their local government continues to reflect the needs of the community. As stated in legislation, a councillor shall consider the welfare and interests of the entire community when making decisions (regardless of whether they are elected in a ward or at large). They also have a role to bring to the attention of council matters that may promote the welfare or interests of the whole community. Councillors should therefore be continuously thinking about what their local government provides and what adjustments, if any, should be made to better serve the community. (Local Governance Act: 48(6)(a), (b).) 

As part of the decision-making role, council members must take the time to evaluate and review the local government’s by-laws, policies and agreements to ensure they continue to reflect community needs. A helpful exercise would be to periodically review the local government’s by-laws (perhaps every four years) to ensure that what is in place continues to have relevance for the community and continues to be enforceable. A schedule could be prepared by staff that would specify when by-laws are to be reviewed. (Local Governance Act: 48(6)(c).) 

A critical component of a councillor’s work is attendance and participation in council meetings. In fact, a councillor’s attendance at and active participation in council meetings are required by legislation and are crucial if a local government is to work effectively. Council meetings provide the opportunity for sharing information, debate, consensus-building and ultimately, the making of decisions. The council meeting is the forum through which decisions are made and the policy direction for the local government is established. Councillors are also expected to attend committee meetings of council as well as meetings of those bodies to which they may be appointed as a member of council representative. (Local Governance Act: 48(6)(d).) 

Like the mayor, councillors have a very important role in setting policy direction for the local government. Setting policy direction involves engaging in debate, providing input and ideas on programs, by-laws and policies and making decisions through the voting process at council meetings. 

Councillors are elected to make decisions on behalf of the community. On the surface, this activity may appear to be relatively straightforward. Ideally, all decisions of council would be welcomed by the entire population and business community. This rarely happens and decision-making for councillors can be difficult and sometimes very uncomfortable. There are decisions that council members will make that will be unpopular with a minority or possibly a majority of the population. 

Councillors can find themselves in a situation where they must balance resident perspectives with the council's long-term vision. If council members can always remember that they were elected to make decisions that are in the best interest of the whole community (both short and long term), it will help when difficult decisions must be made.

Every council is expected to approve its local government’s budget on an annual basis. In establishing the budget and subsequent tax rate, councillors must adhere to municipal accounting principles and financial policies when determining how a local government will allocate its funds. Working with  staff, they must assess operational and capital funding needs in determining the level of services it wishes to bring to residents/businesses of the community. Periodically reviewing plans that outline the capital investments and funding sources required for five to 10-years is beneficial in determining priorities set for the community. 

Differences of opinion among council members are a normal and healthy part of the decision-making process. To ensure that a thorough and fair process has been followed before reaching a final decision, council members are expected to listen to and respect other’s opinions on the issue, to review all research, advice and options presented, as well as any policy and budgetary consequences, before voting on the matter. 

The final decision might not be one that the individual council member personally agrees with, and they may have strongly opposed it. It is important to emphasize that once the final decision is made at a regular or special council meeting, all members of council must accept the position taken. 

From time to time, councillors will be assigned other duties. These may range from sitting on specific committees to representing the community at a particular function where the mayor or deputy mayor is unable to attend. Councillors also have a legislated obligation to participate in any other body to which they have been appointed by the council. (Local Governance Act: 48(6)(e).) 

The clerk of a local government plays an important statutory role within the organization and all local governments must have a clerk as required under the Local Governance Act. If there is no clerk in place, a council cannot make decisions and no agreement, contract, instrument or other document to which the local government is party to will have any force or effect unless it’s signed by the clerk and the mayor. 

The role of the clerk should not be underestimated. The clerk of a local government is responsible for much more than simply preparing and setting up council meetings. There are numerous provisions in the legislation that assign a variety of tasks and responsibilities to the clerk. Moreover, in many local governments, particularly the smaller ones, the role of the clerk is much broader as it can be combined with the functions of the CAO and/or treasurer, and possibly other functions. In those cases, a clerk takes on far more duties than are legislated. This may be a necessity by virtue of budget limitations. 

It is critical that elected officials recognize the legislated role of the clerk and other duties that a clerk may have been assigned or has automatically assumed in being one of only a few staff members. 

The clerk shall attend all meetings of council and notify all members of council of all meetings. It is strongly recommended that someone be appointed assistant clerk as a back-up. Without the presence of a clerk, there cannot be a meeting of council. 

The clerk plays an advisory role in keeping the mayor and councillors procedurally on track and duly informed of proper protocol during meetings of council. In that same capacity, it is critical that the clerk have a working knowledge and understanding of rules of order and of all the local government by-laws, policies and relevant provincial legislation dealing with local governments, such as the Local Governance Act, Community Planning Act, and Municipal Elections Act. (Local Governance Act: 74(1)(a).) 

The clerk must record who is present at meetings of council, as well as the resolutions, decisions and proceedings, without personal note or comment. The minutes of the meetings can be recorded electronically or by written documentation, either recorded verbatim (exact wording) or by written synopsis (key messages and direction are recorded in formal minutes). If requested by a council member, the clerk records the names and votes of every member who voted on a question. The recording of minutes will be further discussed in Section 4 dealing with minutes and meetings.  (Local Governance Act: 74(1)(a)(i), (ii).) 

Clerks are responsible for keeping the books, documents and records of the council and the originals of all by-laws and resolutions. Records play an extremely important role in local government operations. Well-kept and easily retrieved records can provide historical accounts and background information of how a local government has evolved. Such records should provide insight as to why particular decisions were made by the council of the day. Records management is discussed in detail in Section 6 of this document. (Local Governance Act: 74(1)(c).) 

The clerk must maintain an indexed register of certified copies of all by-laws of the local government that shall be available for public inspection during regular office hours. What this means is that a filing system should be in place that will allow both local government officials and the public to easily access the by-laws of a local government. Most local governments are now placing their by-laws on a website, thereby making the by-laws far more accessible and easier to research. The paper and/or electronic website must be kept updated and all the current amendments should be referenced or attached directly to the respective by-law.  (Local Governance Act: 74(1)(d).) 

It is important to note that the clerk shall sign, along with the mayor, all agreements, contracts, deeds, by-laws and other documents to which the local government is a party. If these documents are not properly signed and sealed with the corporate seal, there is greater potential for legal problems. (Local Governance Act: 4(3)(b); 74(1)(g).) 

The clerk is the custodian and safeguard of the corporate seal of the local government. The clerk shall ensure that only they utilize the seal on any documentation that requires the corporate seal of the local government. (Local Governance Act: 74(1)(e).)

Unless elected by acclamation, a person elected to office on a local government council in a general election, a by-election or a first election shall not accept office before the expiration of the ten-day period following the person’s election. As stated in legislation, the clerk, a notary public, a commissioner of oaths or a judge of the Provincial Court, the Court of Queen’s Bench of New Brunswick or the Court of Appeal of New Brunswick may administer the oath. (Local Governance Act: 58(10)(a), (b) and (c).)

Once the oath or affirmation of office is administered, it must be filed with the clerk and the clerk records in the minutes of council the taking of the individual oaths of council. The form was amended in 2024 to include that the council member will follow the code of conduct established by a by-law of the local government (Local Governance Act: 58(11).)

Each member of council, upon assuming office, must file with the clerk in the form prescribed by regulation a statement disclosing any conflict of interest of which they have knowledge or should reasonably have knowledge. Senior officers are required to do the same. It is good practice to require councillors to submit a new form on every occasion that they declare a conflict during or prior to a council meeting.  The clerk is required to file a copy of all statements with the Local Governance Commission (Local Governance Act: 91(1), 92(1), 93(1).) 

General elections are always held every four years on the second Monday in May. The clerk may fix a date for the first meeting of a council no later than June 15. Unless a person’s election was by acclamation, a person elected to office on a local government council in a general election or a first election shall not accept office until the expiration of the 10-day period following the election (allows for recount of votes, if necessary). (Local Governance Act: 58(8); 63(1); 63(2).) 

The clerk, in most instances, sets the agenda for all meetings of council. To ensure consistency, it would be beneficial if the policy and procedures for setting an agenda are established in the local government’s procedural by-law.

A member of a council may resign from their office by filing with the clerk their resignation in writing. (Local Governance Act: 50(1)(b); 51(1).) 

If a vacancy occurs on the council, the council shall by resolution within two months from the date that the vacancy arises, declare the vacancy. Within ten days of this declaration the clerk forwards a certified copy of the resolution to the Municipal Electoral Officer. This certified copy should be signed by both the mayor and the clerk. (Local Governance Act:  50(1), 51(1).) 

The clerk shall perform such other duties as the council assigns to them. The duties can vary somewhat among local governments and usually depends on the size of the organization. (Local Governance Act: 74(1)(i).) 

There can be no meeting of council unless the clerk is present. Therefore, it is highly recommended that a council appoint an assistant clerk, if possible, to fulfill the duties of the clerk in their absence. In the absence or disability of the clerk or when there is no clerk, the assistant clerk has all the powers and duties of the clerk. (Local Governance Act: 74(2).)

There may be instances where the clerk is absent for a period of time. In this case and where an assistant clerk has not been named, the council should appoint by resolution of council, an acting clerk, who will take on all the duties of the clerk. If a clerk becomes absent before a council has an opportunity to appoint an acting officer or assistant clerk, such an appointment should be the first order of business at the next meeting of council and should be recorded in the minutes. 

Unlike the role of the clerk, the role of the chief administrative officer (CAO) is not prescribed in legislation. Rather, the Local Governance Act specifies that a council may appoint a CAO for the local government and that the CAO of a local government has the powers and duties that the council prescribes by by-law or resolution. (Local Governance Act: 81.) 

It should be noted that some local governments choose other titles for the CAO (e.g., City Manager). When the person in this position is appointed by a council, they will have the primary responsibility for the administration of the affairs of the local government. The following outlines the general roles and responsibilities of the CAO in a local government. 

In their capacity as head of administration, the CAO is responsible for directing a team that may include department heads, supervisors, technicians and support staff to manage the affairs of the local government and to ensure the delivery of services to the community.   

In smaller local governments, the CAO may take on other roles, including functions associated with the clerk and treasurer positions. The important point to be noted is that the CAO leads and is responsible for the administration and is ultimately the individual who answers to council for all staff administration and how it performs.  

A CAO must play a strong leadership role, regardless of the size of the local government they are administering. This means fostering teamwork and a positive work environment among staff members, ensuring that staff can take part in professional development programs, ensuring that staff have the appropriate resources to perform their duties, addressing challenges that arise affecting staff and making well-informed and objective decisions. 

The CAO should also serve as the only contact person if members of council are providing direction or requesting the administration arm to take actions (e.g., having public works staff fix a sidewalk), have concerns about how the administration is functioning, or about the actions and general conduct of the local government staff. 

As head of administration, the CAO is the primary advisor to and liaison with the council. While it is the council that has final decision-making authority, it should be able to rely on the CAO for expert advice and counsel. Councils should count on their CAO to obtain the necessary background information, to conduct the needed research and to collect any other relevant facts that will assist them in their decision-making role.

While it may not be the CAO that will undertake all of this, they are responsible for ensuring that all the relevant information gets back to council in a well-organized and understandable format. The CAO should be proactive in identifying potential pitfalls and benefits when a council is discussing a particular issue. If they are unable to advise on legal, financial and service implications, among other things, in terms of the potential impact on the local government and the community, they may have direction from council on seeking the appropriate external advice to address these matters.

When a council makes a decision, whether it be about changes in local government services, adjustments to a program or changes to the budget, for example, it is the CAO that must ensure that these changes are implemented in a timely manner. They are responsible for implementing the change through the staff of the local government. 

The CAO acts as the main liaison between the council and the residents of the local government.  They (and / or other designated staff) may meet with the public on any matters concerning by-laws, policies or procedures that have been established by the council, as well as programs and services provided to and involving the community.

This could be an everyday occurrence with the CAO and will include meetings with residents who may or may not approve of a recent council decision. It is important that the CAO listens to the resident’s concerns and provides the relevant background information that would assist in clarifying the issue. 

It is not the CAO’s mandate to debate the outcome of the council decision; it is the CAO’s duty to carry out council policies and directives. If one or more members of the public are unsatisfied after meeting with the CAO and wish to further debate a council decision, all members of council should be briefed.

As the senior local government administrator, the CAO will often be involved in discussions and work with other senior administrative officials of provincial and federal departments on various initiatives or partnerships that will impact the community. The CAO may also be called upon to assist the mayor when they are meeting with provincial or federal representatives or other officials. 

The CAO is responsible for overseeing the preparation of the annual budget, and once adopted, will supervise its administration. Working closely with the treasurer, the CAO monitors revenues and expenditures on a frequent basis to ensure that the departmental budgets are on track. The CAO is responsible for ensuring the development and regular updating of a Capital Asset Management Plan for the local government. 

Along with the clerk, the CAO must be familiar with the local government’s by-laws to ensure they reflect the current needs of the community. Whether a new by-law is being developed or amendments to existing by-laws are required, the CAO has a role to play. The CAO may have a direct hand in the preparation of by-laws or the drafting may be left to the clerk or legal advisor. The CAO ensures that from a policy perspective the by-law addresses the issues identified by council.

Property management can be defined as the preparation of plans and programs for the construction, rehabilitation and maintenance of local government facilities, land and infrastructure. The CAO or delegated staff should ensure that properties are properly maintained, and that detailed records of maintenance, repairs and renovations are kept. Long and short-term plans should be formulated to reduce energy consumption, promote energy efficiency and reduce carbon emissions. 

The treasurer is the chief financial and accounting officer of the local government. Like the clerk, the treasurer plays an important statutory role as the position is required by the Local Governance Act. As with other positions, the range of the duties of the treasurer will vary among local governments and often depends on the size of the local government.   

Annually, a local government must adopt by resolution and submit to the Minister of Local Government for approval an estimate of the money required for the operation of the local government, the amount of that estimate to be raised on the local government tax base and the rates at which the amount of the estimate is to be raised.  In essence, this is the adoption of a local government’s annual budget. The development and preparation of this document for the discussion, debate and ultimate approval of council, is the job of the treasurer. (Local Governance Act:  99(2).) 

The treasurer must take custody of all monies belonging to the local government and must carefully account for those monies. This implies that the treasurer must maintain proper financial records in keeping with generally accepted accounting principles. (Local Governance Act: 76(1)(a).) 

It is the responsibility of the treasurer to ensure that all signing authorities on behalf of the local government are kept up to date for banking purposes. The treasurer should be aware of current interest rates and banking charges to ensure the local government is receiving the most appropriate arrangement for its banking services. The opening of any new accounts in a chartered bank, credit union or other similar place of deposit approved by the council, and the deposit in the accounts all money received by them on behalf of the local government, is the responsibility of the treasurer. (Local Governance Act: 76(1)(b).) 

All books of account are under the custody and safekeeping of the treasurer, including cash books, receipts, disbursements, cash balances, debentures, bonds and coupons, insurance programs, bank statements, debt records, retirement funds, and payroll records of the local government. The treasurer will maintain accurate accounts and records of the financial information of the local government. Generally, the treasurer can serve as custodian of insurance policies, deeds to all local government property, tax assessment rolls and any contractual agreements of the local government. (Local Governance Act: 76(1)(c), (d).) 

The treasurer should regularly advise the CAO, the mayor, the finance committee and / or council concerning the current financial condition of the local government. This can be accomplished by summary in monthly financial statements and in detail by quarterly financial statements to council. By doing this, the council will be well apprised of the financial situation of the local government and should be in a better position to debate and approve the annual budget. (Local Governance Act: 76(1)(f).) 

The treasurer must ensure that a comprehensive insurance coverage plan is in place for the local government. The treasurer must work with the local government’s insurance underwriter to determine the insurance needs of the corporation. Liability insurance will be discussed in greater detail under “Risk Management” in Chapter 7. (Local Governance Act: 76(1)(g).) 

While the treasurer works very closely with the CAO during the development and preparation of the annual budget for council’s approval, the treasurer also plays a lead role as liaison with the auditor during the audit. While the accounting and auditing function must remain independent, the treasurer remains in contact with the auditor throughout the year on various financial and accounting matters to ensure compliance will relevant legislation, standards and reporting requirements, to ensure the financial statements are finalize in time for the auditor to complete the year end audit. The treasurer must ensure that policies and resolutions pertaining to the local government’s finances are being followed. They should also be tracking expenditures and revenues in relation to the budget. Potential problems or discrepancies should be brought to the attention of the CAO and/or council. (Local Governance Act: 76(1)(h).) 

The treasurer must sign jointly with the mayor, or such other person(s) as the council appoints, all cheques issued by the local government. The signatures on cheques issued by the local government may be reproduced, but only if authorized by resolution of council. (Local Governance Act: 77(1), (2).) 

As stated in legislation, the treasurer is not liable for any money paid by their office in accordance with a by-law or resolution of the council unless another disposition of it is expressly provided for by statute. If a treasurer disperses money on behalf of the local government that contravenes a by-law or statute, they could be found personally liable. (Local Governance Act: 78.)

If the workload is warranted, it is important that an assistant treasurer be appointed. This individual assumes all the duties and powers of the treasurer in situations where the treasurer is absent or otherwise unable to carry out their responsibilities. The role of the treasurer will be further described in the context of the Municipal Finances Chapter. (Local Governance Act: 76(2).) 

The annual budget process in every local government is followed by an annual audit of the previous year. The auditor will be appointed by council by resolution and must be a chartered professional accountant or a certified general accountant. Their job is to provide independent assurance to council and the public that the local government is appropriately managing public resources and effectively delivering public services. The auditor is expected to perform such duties as prescribed by the regulations under the Local Governance Act, or that the council prescribes with a by-law or resolution.   

The auditor must complete the local government’s annual audit by the first day of April and within 10 days of completing it, they must transmit to the Minister of Local Government a certified copy of the financial statements of the local government together with a copy of the Auditor’s Report on the financial statements. A council must appoint an auditor and if they fail to do so, the Minister may appoint one for them and the council shall pay the fees and expenses of the appointed auditor. (Local Governance Act: 79.) 

It should be clarified that the municipal solicitor is not the personal lawyer for either the individually elected or the appointed officials. While discharging their duties, the solicitor must act in the best interests of the local government and should not risk a conflict of interest by acting for individuals where the local government may be involved. 

Most large local government entities employ a full-time solicitor in their workforce. Elsewhere, the duties of municipal solicitor could be filled as a casual or contract position or perhaps on a part-time basis. As well, many local governments have a lawyer on a retainer basis. The Act requires that the solicitor appointed by council be a member in good standing of the Law Society of New Brunswick. The solicitor plays an important role within the administration of a local government. When retaining or hiring a solicitor for a local government, it is critical that they are very knowledgeable of the Local Governance Act and the Community Planning Act, along with other statutes of the Province of New Brunswick that may impact local governments and their operations. (Local Governance Act: 82(1).) 

Some areas where a solicitor can assist a local government may include: 

• giving advice on procedure and interpreting legislation; drafting by-laws and determining whether sufficient statutory authority exists to enact them
• examining and giving opinions on land use planning related by-laws (zoning by- laws, subdivision by-laws, building by-laws) and all other by-laws in force in the local government
• giving advice to management during union negotiations
• drafting or reviewing agreements, contracts and tenders
• overseeing expropriations
• negotiating settlements of liability claims and other litigation matters
• providing advice on human resource matters
• negotiating severance packages

A healthy relationship between the council and staff of a local government is essential for the effectiveness of a local government. This interaction is an aspect of local government operations that can be challenging at times and requires attention. This section will focus on the elements of a healthy council-staff relationship, potential challenges and what can be done to encourage positive working relations between council members and between council and the staff of a local government. Emphasis will be placed on the link between the senior administration (CAO / clerk) and the council. 

It’s imperative that the relationship between the council and staff of a local government is one where there is mutual understanding and respect of roles and responsibilities, open two-way communication, and accepted reporting relationships, as well as clear direction from the elected body. Moreover, the importance of placing an emphasis on a team approach cannot be overstated.

There must be a willingness between council members and staff to trust one another, to build respect by listening to one another’s views, to share credit for good ideas, to keep each other informed on community issues and to work through solutions together. A council must respect staff’s role to provide the best advice and assistance while staff must respect council’s role to make decisions on behalf of the community that elected them.

Strong working relationships foster trust and goodwill, helping to promote a positive image for the community. When elected and staff collaborate effectively, the electorate can clearly see a shared commitment to serving the best interests of the entire community. While this level of collaboration takes effort, it is achievable. By taking intentional steps, both council members and senior administration can foster a relationship that is productive, constructive, and consistently responsive to the community’s needs.

For the relationship between a council and the administration of a local government to thrive, it is essential that both groups clearly understand, appreciate, and respect the important roles each plays within the organization. When this mutual understanding is in place, collaboration is strengthened, and challenges can be addressed more effectively. A helpful starting point is for council members and the administration to recognize and value the fundamental differences that exist between their respective roles. The following table highlights some of these key distinctions between the council and senior administration in local government. 

The relationship between the council and the administration is strongest when roles are clearly understood and respected. When there is a misunderstanding of these roles, particularly when someone attempts to take on the role of the other, this can strain the relationship. There are actions that can be taken to promote greater understanding and respect of each other’s role within the local government organization and the idea that a council and the administration form a team dedicated to serving the community. A council and its administration may wish to consider the following activities and strategies to foster improved role understanding and teamwork. 

At the outset of its mandate, a new council should be provided with an information package, a manual and/or an internal webpage that provides, at a minimum, the following:  

• overview of the organization, including roles, responsibilities, reporting relationships
• departmental structures (where applicable)
• council meeting procedures and processes
• rules of order
• commonly-used motions and how to make them
• meeting dates and scheduling
• how and when agendas are circulated
• role of the Clerk in the preparation and conduct of meetings
• technology associated with meetings and required training
• rationale for closed sessions
• committee structures (if applicable)
• services provided by the local government
• prominent by-laws and amendments to by-laws enacted by the local government: 
  • procedural by-law  
  • code of conduct by-law 
  • zoning by-law 
  • municipal plan by-law 
  • other important by-laws 
• Policies formulated by the local government – particularly those that affect members of council: 
  • remuneration and benefits 
  • how council should communicate with staff 
  • email usage 
  • social media usage 
  • travel / allocations for conferences and meetings and other expense coverage 
• Right to Information and Protection of Privacy Act
• local government finances and budgeting processes
• information on various other topics that are important for the incoming council

Care should be given to not overwhelm the newly elected council with too much detail at once. In preparing the orientation package, some of the information contained in this resource manual could be used. Ideally, the information package would be accompanied by one or more information sessions in which council and the administration have a chance to review the material together and address questions and concerns. It is very important that the information prepared for the council members be up to date, relevant and presented in a neutral manner. 

In the first year of its mandate, the council and administration could consider engaging in a general planning session. Such a session would provide an opportunity to identify priorities for the local government, examine possible changes to local government policies, by-laws, operations, structures and services, and can assist in identifying potential amendments to by-laws. In addition, particular services could be examined, if necessary (e.g., recreation, fire service, public works). Planning sessions can also be used to review the financial situation of the local government, with a view to the annual budget development and adoption process. 

This type of planning session should provide an opportunity for the local government organization to establish priorities for the year and for the longer term. It can also serve as a forum through which a common vision or direction can be established not only between the council and the administration but also among the council members themselves. It may also serve as an opportunity for council members and the senior administration of a local government to share and discuss ideas in a more relaxed setting with a view to teambuilding.  It may be helpful to involve a third party to take the team through a formal strategic planning process to ensure greater objectivity and to learn about the experiences of other organizations. 

As an elected official, there are things that can be done to strengthen the relationship that exists between the administration and the council. First and foremost, elected officials must value and respect the role that the administration has in running the day-to-day operations of the local government. The experience and knowledge of administrators should be considered as assets to the local government that the council can rely upon in the decision-making process. It must be recognized that local government administrators (CAO, clerk, treasurer, department heads and others) provide continuity in the system and without them, the work of the local government would not be accomplished. It is also important to note that many administrators live in the local government and its success and growth reflect not only on the elected officials but on those who work for the local government as well. 

When a council becomes aware of a problem or issue within the local government, it is important to engage the administration in developing an appropriate response or solution. Council members should be able to rely on the experience and knowledge of their administration in this process. Working together on solutions will strengthen the team and will very likely result in better decisions being made and in better outcomes. 

Council members can also help to create a supportive work environment for staff. This means providing positive feedback to the CAO/Clerk for a job well done. It also means providing constructive feedback when warranted. If such feedback is to be provided, it should occur at the appropriate time and place (i.e., not in a regular council meeting). In addition, if feedback is to be provided, it should come throughout the year and not just through an annual performance review. More detail about the importance and necessity of performance appraisals will be covered in Chapter 15. 

Councils must also be open to providing funding for training and professional development opportunities. Continuing education is critical for senior administration and the entire staff as it provides opportunities to keep up to date in their respective field and to learn from others in the local governance field. It is also beneficial in terms of succession planning, a topic also addressed in Chapter 15. 

Councils should also encourage open two-way communication with the administration. The administration of a local government should feel comfortable bringing concerns to the attention of the mayor or other council members on an ongoing basis.  

During council meetings, the chair should ensure that the senior administration are called upon to share their expertise and advice at the appropriate times. Allowing the administration to provide their input (by way of advice and recommendations) should result in more informed and better decisions that will ultimately benefit the community. Allowing for input also strengthens teamwork between the council and the administration. 

Council members must let the administration do its job. Getting involved in the day-to-day administration inevitably creates challenges. As much as possible, council members should rely on their administration (no matter the size of a local government) to carry out the regular administrative duties of the local government. While it may be well-intentioned, it is important for the elected official to resist the temptation to manage the day-to-day operations of the organization. Council members should focus on the bigger picture – addressing issues that have a broad impact on the community and its residents. 

It is also important to allow the CAO/Clerk to carry out their role of overseeing and directing the work of staff. For example, if a road needs to be patched, a council member should not be asking the maintenance supervisor to look after the problem or hiring a contractor to undertake the necessary remedial work. Rather, the council member should bring the matter to the attention of the CAO/Clerk, who will then make the necessary arrangements to have the repairs made in accordance with the local government policies and procedures. Circumventing the administrator or clerk undermines their authority and will eventually impact the motivation of these individuals. Furthermore, it will likely result in unnecessary conflict. 

To assist with the daily interaction that occurs between council members and the administration (particularly with the CAO/Clerk), it may be helpful to discuss how this should occur. For example, weekly meetings could be scheduled between the CAO/Clerk and the mayor. These meetings could be used as an opportunity to provide updates on various matters involving the local government. These protocols might also address the way councillors bring concerns to the attention of the CAO/Clerk. The CAO/Clerk may then have to determine whether the matter can be addressed by the administration or dealt with by the council at a regular meeting, special meeting or closed meeting.

While not all interactions between the council and administration should be formalized, it may be helpful to agree on some basic protocols in terms of keeping council members informed of issues between regular and special meetings and providing members of council the opportunity to bring concerns to the attention of the administration. 

It is essential to clearly identify reporting relationships and how ongoing liaison between staff and council will occur. No local government is identical in their council-staff working and reporting relationships. However, having clearly defined administrative policies, by-laws and an organizational chart that specifies the reporting relationships of the staff to council will help in terms of ongoing communication and minimizing the potential for misunderstanding and conflict. If the reporting relationships between the council and administration appear to be creating challenges, it is recommended to having a working session involving the affected parties to develop acceptable protocols. 

The senior administration of a local government has a key role in contributing to a healthy relationship with the council. As with the council members, the administration must respect and value the role that the elected officials have in the local government. 

The administration must recognize that they are not the decision-makers. Rather, the administration is there to provide the support required for council members to make well thought-out decisions. This means providing thorough, well-researched and accurate information to council members. 

Prior to the general elections, CAO/Clerks should have a transition plan in place. This plan might include such activities as the development and offering of an orientation program, preparation of the acceptance of office and first meeting of the new council, the naming of new committee members, a review of the local government’s procedural by-law concerning the process of selecting the new deputy mayor and the code of conduct by-law, the completion of the disclosure of interest forms, and a tour of all local government facilities. The plan may also include various administrative items such as changing names regarding signing authority at banking institutions. 

The following checklist provides a guide for matters that the administration should consider during the transitional period after a general election: 

From the day of a general election and ending on the first meeting of council, the outgoing council continues to exercise its powers in relation to day-to-day activities of the local government. However, there are some restrictions as follows.  

An outgoing council shall not: 

• make, amend or repeal a by-law under the authority of this or any other Act
• become a party to any agreement, contract, instrument or any other document other than those provided for in the estimates adopted under paragraph 99(2)(a) for the current year
• borrow or make payments of funds other than those provided for in the estimates adopted under paragraph 99(2)(a) for the current year
• purchase or dispose of capital assets
• appoint or dismiss officers or employees

An outgoing council may only act on the above-noted matters if they are in the public interest and are urgently required or authorized by a by-law made before the day of the general election. If decisions are made that do not fall within those exceptions, they are void and may also carry legal or financial implications for the local government.  

CAOs/clerks should embrace the opportunity to work with a new council, which may bring fresh perspectives and new priorities for the local government. This could include updates to policies, structure, services, programs, and by-laws. While adjustments might be needed to accommodate changes, this provides an opportunity for growth and innovation. Being open and adaptable to these new directions will foster a constructive and positive relationship with the council.

While CAOs/clerks all have different styles, it is important that they be accessible to council members. Being able to respond to council members’ questions on a timely basis will go a long way toward strengthening trust and the overall relationship 4between the council and the administration. It should be noted, however, that not all issues or questions can be resolved by the CAO/Clerk. Such matters may require a broader discussion as well as a decision from the entire council. This is where a CAO/Clerk must use their professional judgment in terms of whether to address the issue themselves or have the matter raised as an item on the regular council meeting agenda or, if the matter is of a more urgent nature, at a special meeting. 

It is important for a CAO/Clerk to treat all council members in a neutral manner. That is, the CAO/Clerk must stick with the facts and avoid taking sides or get in situations where they are mediating between council members. It is advisable that the CAO/Clerk suggests to the involved council members that they attempt to resolve the issue between themselves or at the council table. Another option is to bring the matter to the attention of the mayor, before it escalates.  The mayor is the leader of council and may be able to work privately with individual council members to resolve matters. 

Being neutral also means sharing information with all members of the council. When decisions are being made by the council, it is critical that all members have access to the same information. The job of the CAO/Clerk is to ensure that all council members have the information they need to make the best-informed decisions for the community. As noted previously, regular updates from the administration at committee or council meetings can be very beneficial as everyone hears the same information.  If questions are posed by a member of council on a matter, all of council should be apprised of the answers. 

It is important for council members and senior staff to recognize that conflict may arise and to determine the potential sources. If the source of conflict (or potential conflict) can be recognized at an early stage, the matter can be dealt with in a proactive manner rather than letting what may be a minor problem become a major issue. 

Sources of conflict may include*: 

• poor communication
• differing election platforms and goals among council members
• misunderstanding of an elected official’s role
• new members of council may have an anti-council or administration bias
• existing staff may be carrying an anti-council bias
• lack of sensitivity to others’ expectations
• lack of trust/respect between members of council or council and administration
• unclear understanding of operating structure within the organization and reporting relationships
• perception by staff of being overworked and perception by council of staff being underworked or unnecessary
• inadequate compensation policies
• lack of sensitivity to gender and cultural diversity
• lack of managerial skills in the administration and lack of leadership by all members of council

* Source Municipal Orientation “Roles, Responsibilities and Relationships of Elected and Appointed Officials” Presented by Jack Novack, Professor, Henson College, Dalhousie University 

What can be done to resolve a conflict when it arises?

One approach is to address the matter immediately, particularly if the issue does not appear to be significant. A constructive discussion between the affected parties, preferably with a non-partisan facilitator, can assist in reaching the root of the conflict, which may in turn, lead to finding a mutually acceptable solution to the situation. 

When there is mutual understanding and communication lines are open between the affected parties, any misunderstandings, personal slights, or power struggles can be identified and consequently reduced. The willingness of members of council and local government staff to reason and cooperate with one another leads to the development of positive, goal-oriented working relationships. Even if there is an agreement to ‘agree to disagree’ with one another, it is more constructive than constant disruptions at the council table and in the workplace. 

What can be done if the conflict can’t be resolved?

The local government may wish to consider mediation when a conflict can’t be overcome. The Department of Post-Secondary Education, Training and Labour (PETL) may have mediation services or tools available to assist. Industrial Relations Services at PETL can be contacted for further information. 

In most instances new councils are a blend of seasoned and first-time council members. The formation of an effective council for a four-year term is a challenge, particularly for the newly elected and the CAO/Clerk. If the mayor is seasoned it may be beneficial to have the mayor meet individually with each new member of the council, to gain an understanding of their goals and vision for the community.  

While there may be opposing views among council members, a council should see itself as a team that is working for the betterment of the entire community. It is therefore important that council members respect one another’s differences of opinion when a matter is being debated, and in the end try to come to a compromise. Once the final vote is taken, council members must respect the decision that is made by the whole of council. In the Canadian democracy, the majority rules, and elected officials are reminded that these rules must be followed. 

During a council debate, the elected members should be coached not to interrupt while their colleagues have the floor. Common courtesy must be upheld Rules of order, such as those found in Robert’s Rules of Order, Bourinot’s or Code Morin should be followed and good conduct should be understood by all members of council. This is also a very important aspect during the orientation of council and should be emphasized. A local government’s procedural by-law will identify the rules of order that is adopted for meeting procedures.  

If a council does become divided, it may impact the relationship with administration and with the community itself. Local government senior officers may find themselves caught in the middle of debates between the two sides. As much as possible, members of council must focus their attention on their mandate, which is to serve the community and to make decisions that serve the public’s best interests. 

Group voting on council can be detrimental to a local government organization and the community in the long run. Deep divisions on council become apparent to the public. Again, the mayor as chair must play a strong leadership role to ensure that order is maintained, that everyone at the council table has a chance to be heard, and that established council procedures as detailed in the local government’s procedural by-law are respected.   

Further information on code of conduct issue can be found in Chapter 8.