Municipal Law for Elected Officials

1
Municipal Law for Elected Officials

• Are you scared yet?

2
What you have to know and what you should know
And how to know the difference

• Council Meetings
• Instructions to Staff
• Resolutions, Policies and Bylaws
• Conflict of Interest
• FOIPOP
• Income Tax
• UNSM
• Personal Liability

3
Council Meetings

• Majority vote s.21(1)
• All members must vote s.21(2)
• Member who refuses to vote votes in the negative
  s.21(3)
• Tie vote is negative
• Meetings open to the public s.22(1)

4
Resignation

• A resignation may not be withdrawn once given to
  the clerk

5
Instructions to Staff

• S.30(4) no council member may give instructions
  to staff
• Instructions must come from council itself or the
  CAO

6
Bylaws, Policies or ResolutionsWhats the
difference?

• Bylaw Part VII two readings with publication of
  14 days between.
• Anything that can be done by policy or resolution
  can be done by bylaw.
• S.172 lengthy list of bylaw subject matters

7

• Policy s.48 7 days notice to all council
  members.
• Most fees set by policy.
• Procedural issues, s.23

8

• Resolutions. . . least formal
• S.132 tax certificate fee
• S.51 to sell or lease property

9
Spending

• Council can only spend money as authorized (s.65)
• Low income tax exemption personal (s.69)
• Low income tax exemption organization (s.71)

10
Rules on In Camera SessionsCouncil may meet
privately to discuss the following

• Buying, selling or leasing property
• Minimum price for tax sales s.141(3)
• Personnel matters
• Labour relations
• Contract negotiations
• Litigation or potential litigation
• Legal advice
• Public security

11

• Only procedural decisions and instructions to
  staff given in private. S.22(3)
• Record kept of the private meeting, type of
  matter discussed and dates. S.22(4)

12
Council Remuneration

• Council may make policies regarding annual
  remuneration (no per meeting day) s. 23(1)(d)
• Policy for pay deduction on missing three or more
  meetings s.23(1)(d)(v)
• Income tax issues . . . 1/3 of salary and
  non-accountable allowances can be an expense
  allowance

13
Freedom of Information and Protection of Privacy
(FOIPOP)

• Starting proposition (s.465)
• Exceptions
• 463(2)
• Intergovernmental affairs (s.472(2))
• Advice/recommendations/drafts (s.474)
• Law enforcement (s.475)
• Solicitor client privilege
• Economic/financial interests (s.477)
• Health and safety (s.478)
• Conservation (s.479)

14
Unreasonable Invasion of Third Party Privacy
(s.480)

• Medical information
• Investigation
• Eligibility for income assistance
• Tax return
• Finance, credit
• Race, ethnic origin, political beliefs, etc.
• Name, address, telephone and used for mailing
  list (s.480(3))

15
Beware!

• Information about remuneration as councillor is
  not an unreasonable invasion of privancy
  (s.480(4)(e))
• Expenses incurred for traveling or expenses of
  municipality (s.480(4)(h))

16
Union of Nova Scotia MunicipalitiesConsultation
and Notice

• S.518 Minister must consult regarding changes to
  the Act
• S.519 UNSM must be notified one year in advance
  of all changes which would increase cost or
  decrease revenue to units

17
Personal Liability of Councillors
18

• How being an elected official can cost you even
  more and why you should be worried sick about it.

19
Municipal Government Act

• Limitation period for actions against councillors
  is 12 months (M.G.A. s.512).
• Actions against the municipality are not
  necessarily against the individual councillors.

20
Areas to be concerned about

• Defamation
• Criminal Charges
• Tort Liability
• Conflict of Interest
• Election Expenses

21
Defamation

• Defamatory statements
• Council chamber is not Parliament
• Qualified privilege
• Insults and vulgar abuse may insult a persons
  dignity but are generally not defamatory
• Fair comment is a comment not motivated by malice
  on facts that are true as stated.

22
Criminal Charges

• Breach of trust by a public officer s.122
• Municipal Corruption s.123(1) CCC

23
Tort Liability

• Abuse of public office
• First National Properties Ltd. v. Highlands
  (District) 1999 BCJ No. 2246

24
Tort Liability

• Tort involves knowledge that the act is beyond
  authority and probable injury to plaintiff or
  group.
• Motivation is not relevant .. . it might be to
  achieve a real public benefit.

25
Tort Liability

• Does not arise where mistaken excess of
  authority.
• Gaps in legislation authority and act in excess
  of authority on the assumption that the gap will
  be filled.

26
Tort Liability

• People believe that the worst that can happen is
  that the action is set aside.
• Councillors are personally at risk in exercising
  this kind of authority where there is a
  likelihood of harm to a third party.

27
Conflict of Interest

• Municipal Conflict of Interest Act applies.
• Act pertains to pecuniary benefit, whether
  direct or indirect.
• Common sense

28
Conflict of Interest

• S.10(4) where the contravention has been for
  personal gain the judge may impose a penalty of
  25,000 or 12 months imprisonment.

29
Election Expenses

• Municipal Elections Act
• Corrupt practices by candidate s.152
• During an election agrees to follow a course of
  action that will prevent him from exercising
  freedom of action on council, or bets on an
  election.

30
Election Expenses

• Agent must be appointed or candidate deemed to be
  agent (s.70).
• All contributions are made to the agent.
• All contributions must be recorded.

31
Election Expenses

• No anonymous donations . . . returned or paid to
  the treasurer of municipality.
• Disclosure statement filed with 60 days for all
  donations totaling over 50. Received during
  period since last election.

32
Municipal Law for Elected Officials

• Are you scared yet?