Many Councils make it a practice to have Councillors sit on committees that are run by volunteers. That way, Council knows what is happening with the committee, and the committee knows it has a voice when it comes to Council. That is the usual logic. However, it has a flaw.
Sitting on a committee does not exempt the Councillor from their duties to the municipality. Where it crosses the line is when the Councillor takes an active part in the decision making for the committee and then represents that committee to the Council for funding, land, or any other advantage.
It is important that Councillors understand that when you step into a committee role, you do not shed your Council skin. According to Manitoba’s Municipal Act, subsection 83(1) your general duties as Councillor do not change when you sit on the [rink] board. You do not get to wear two hats. When you take the oath of office, you get one, which is always the Council one.
When you step into a committee role, you are not shedding your Council skin. According to Manitoba's Municipal Act, specifically subsection 83(1), your general duties as a council member remain firmly attached. This means that even in committee settings, you are expected to:
Consider the well-being and interests of the municipality, over that of any one committee.
Participate in developing and evaluating municipal policies, services, and programs for all the facilities and services the municipality provides, not just the one where you have an interest.
Maintain the financial integrity of the municipality ahead of the wish list of the committee.
Similarly, in Saskatchewan, the Municipalities Act does not provide a way to drop your role as Councillor to favor your pet project. Your obligations as a Councillor take precedence, and it is up to the Councillor to take on the committee role with the broader goals and responsibilities of the Council and the municipality.
While Councils can delegate certain powers to committees, and Councillors can sit on a committee, becoming a director of the committee or taking part in decision making for the committee moves the role from delegate, and for some people this is confusing. The Municipal Act allows for delegation but emphasizes that ultimate responsibility for that person still rests with the Council. The Councillor, as a delegate, would attend the meetings, report back to the Council, but not take part in the committee's decision-making process. He or she would not make decisions or vote while on the committee, they would not be a director, and they would not receive an honorarium. The code of conduct and the code of ethics still applies.
They certainly would not make a motion that favours the committee or vote on such a motion at Council. To do so would be a blatant code of ethics violation because they demonstrated favoritism to their cause. That would be better left to someone on the committee without the dual role. To make it clear, no Councillor should sit on a committee without a clear term of reference, and a policy that demonstrates how all facilities are funded within the municipality.
The public has a right to know about the decisions that get made on their behalf. The Municipal Act, and the Municipalities Act require that Council meetings be held in public, with a few exceptions. A Councillor taking an active role in a committee meeting provides an opportunity for decisions to be made that affect the rest of the population, in private. Committees do not have the same obligation to make their information public as Councils. Many expensive decisions made at the committee level fly under the radar of the citizens expected to pay for them, while other facilities were not even considered. Councillors have obligations under asset management legislation, which are typically ignored at the committee level.
Serving on a committee is not a separate show. You are a Councillor first, with all the duties and responsibilities that come with it.
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