Council Member's Handbook: For Municipalities
Council Member's Handbook: For Municipalities
For Municipalities
March 2020
 saskatchewan.ca
Congratulations!
Your voters have put their trust in you to manage and make decisions that are in their best interests.
You are now part of a team expected to make decisions that will affect all of the ratepayers objectively
and fairly.
It is very important that your ratepayers see you working as a team. Voters in your municipality very
quickly recognize when there is dissention among members of council. When voters recognize council
dissention, they lose confidence in council’s ability to manage the municipality.
This guide tells you:
    •   what to expect during your term of office;
    •   council code of ethics;
    •   information on your roles as councillor/mayor/reeve;
    •   information on the roles of council;
    •   information on the roles of administration;
    •   conflict of interest;
    •   information about various aspects of running your municipality; and
    •   tips on making your term of office successful.
Footnotes at the bottom of the pages of this handbook reference sections from the municipal acts and
regulations. It is important that council understands and acts according to the legislated authorities
given to municipalities. Choosing to act outside of jurisdiction is contrary to law and places the
municipality at risk. Your administrator will help to inform you of legislated requirements, limitations
and authorities. You may also call a municipal advisor to discuss technical questions regarding
legislation at 306-787-2680.
You will find the term “municipality” throughout this handbook. It means a town, village, resort village,
city, rural municipality, northern town, northern village or northern hamlet.
                   Available on Saskatchewan.ca:
                        •   links to resources that are available online in this handbook.
                        •   a search bar to find other resources about municipalities and
                            related topics.
Disclaimer:    This handbook is an overview of municipal administration for council members. It is not
               intended as a substitute for reading and understanding legislation. If in doubt, contact the
               Ministry of Government Relations at 306-787-2680 or seek the advice of a solicitor.
                                                        i
Table of Contents
                                                                              ii
   Quorum ...................................................................................................................................... 20
   Council Procedures Bylaw .......................................................................................................... 20
   Voting at Meetings..................................................................................................................... 21
   All Members Must Vote ............................................................................................................. 21
   Chairing the Meeting ................................................................................................................. 21
   Meeting Resources .................................................................................................................... 23
   Minutes ...................................................................................................................................... 23
   Bylaws ........................................................................................................................................ 23
   Matters that Must Be Dealt with by Council ............................................................................. 24
   Matters that Require Public Notice Before Being Dealt with by Council .................................. 24
   Personal Immunity/Liability ....................................................................................................... 25
   Citizens’ Access to Information.................................................................................................. 25
Citizen Complaints ......................................................................................................................... 26
                                                                               iii
Local Government
Municipalities are corporations 1 created by the provincial government by legislation. They must
follow federal and provincial rules. They are recognized as accountable and responsible levels of
government in the areas that are under their jurisdiction. 2
Your municipality has:
                                                                            Municipalities:
      •    a legal name;
      •    rights;                                                                •       are corporations; and
      •    responsibilities under the law; and                                    •       must follow federal and provincial laws.
      •    geographic boundaries in which it operates.
Purpose of A Municipality
The municipal council makes decisions that will affect the municipality as a whole. Decisions
made by municipal council members affect the services that people rely on every day. These
services can include:
     •    drinking water;                                                       Municipal governments:
     •    sewer and waste;                                                            •      provide services;
     •    streets;                                                                    •      keep communities safe; and
     •    garbage removal; and                                                        •      look after public assets.
     •    recycling.
In addition to service provisions, municipalities:
     •    develop and maintain a safe and sustainable community; and
     •    provide wise stewardship of public assets. 3
Legislative Framework
The Municipalities Act (MA), The Cities Act (CA) and The Northern Municipalities Act, 2010
(NMA) provide the framework about how municipalities work. 4 Municipalities are the local level
of government accountable to the people that elected them. 5 They are responsible for
encouraging and enabling public participation. 6
Municipalities have governmental powers and natural person powers.
1
  subsection 4(1) The Municipalities Act, subsection 4(1) The Cities Act, subsection 4(1) The Northern Municipalities Act,
2010
2
  subsection 3(1)(a) The Municipalities Act, subsection 3(1) The Cities Act, subsection 3(1) The Northern Municipalities
Act, 2010
3
  subsection 4(2) The Municipalities Act, subsection 4(2) The Cities Act, subsection 4(2) The Northern Municipalities Act,
2010
4
  subsection 3(2) The Municipalities Act, subsection 3(2) The Cities Act, subsection 3(2) The Northern Municipalities Act,
2010
5
  subsection 4(2) The Municipalities Act, subsection 4(2) The Cities Act, subsection 4(2) The Northern Municipalities Act,
2010
6
  clause 3(2)(d) The Municipalities Act, clause 3(2)(d) The Cities Act, clause 3(2)(d) The Northern Municipalities Act, 2010
                                                             1
     •    Governmental powers are powers that only a level of government has the authority to
          perform, such as levying taxes 7 and enacting and enforcing bylaws. 8 Because these
          powers are authorized by legislation, a municipality is required to follow the legislation.
          The municipality can only do what the act allows or directs it to do.
     •    Natural person powers are things that an ordinary person can perform, such as the
          ability to enter into contracts and own property. 9 Municipalities may do almost
          anything that a natural person may do, but there are some limitations. They are subject
          to provincial and federal laws. 10
                         Municipalities:
                              •    are a level of government accountable to their citizens;
                              •    have prescribed governmental powers; and
                              •    have natural person powers.
                        Council:
                              •    has broad authority; and
                              •    must ensure it remains within its legislated authority.
7
  subsection 283(2) The Municipalities Act, subsection 253(1) The Cities Act, subsection 304(2) The Northern
Municipalities Act, 2010
8
  section 8 The Municipalities Act, section 8 The Cities Act, section 8 The Northern Municipalities Act, 2010
9
  subsection 4(3) The Municipalities Act, subsection 4(3) The Cities Act, subsection 4(3) The Northern Municipalities Act,
2010
10
   clause 3(1)(b) The Municipalities Act, clause 3(1)(b) The Cities Act, clause 3(1)(b) The Northern Municipalities Act,
2010
11
   subsection 6(1) The Municipalities Act, subsection 6(1) The Cities Act, subsection 6(1) The Northern Municipalities Act,
2010
12
   section 358 The Municipalities Act, section 320 The Cities Act, section 378 The Northern Municipalities Act, 2010
                                                             2
Oath or Affirmation
After the election and before you assume any duties of office, you and every other elected
official must take an Oath or Affirmation of Office (Oath). 13 If you fail or refuse to sign the Oath,
you have no right to participate in council debates or decisions.
The Oath is a public document and is accessible by the public. 14 It is very important that you
realize what the Oath says and you understand:
     •    your duties of office;
     •    the conflict of interest provisions; and
     •    the code of ethics.
 section 94 The Municipalities Act, section 68 The Cities Act, section 108 The Northern Municipalities Act, 2010
13
 clause 117(1)(b.01) The Municipalities Act, clause 91(1)(a.1) The Cities Act, clause 133(1)(a.1) The Northern
14
                                                            3
Council Code of Ethics
A code of ethics bylaw shall outline basic ethical standards and values for members of council.
Becoming familiar with your municipal code of ethics bylaw is important because it sets out the
behaviour that is expected of you as a member of council. The code of ethics bylaw is council’s
directive of their obligations when fulfilling the duties and responsibilities as an elected official.
Promoting the code of ethics bylaw and the complaint process to the citizens is essential to an
open and transparent government. It shows the citizens that council wants to treat everyone
with fairness.
The code of ethics must include:
     •    how council members will behave with each other, employees, and the public; 15
     •    the prescribed model in the regulations that apply to your municipality; 16 and
     •    the process to which complaints are handled and potential remedial action of
          contravention occurs. 17
The code of ethics may include:
     •    standards for members of committees, controlled corporation and other bodies
          established by council who are not members of the council;
     •    rules regarding the discipline or suspension of a member of council who has
          contravened the code of ethics (subject to the regulations);
     •    policies, rules and guidelines regarding a member of council accepting gifts or other
          benefits in connection with that member’s holding office; and
     •    any other statements of ethics and standards determined to be appropriate by the
          council.
The prescribed code of ethics standards and values are: 18
     1. Honesty
            o Council members must be truthful and open.
     2. Objectivity
            o Decisions will be made carefully, fairly and impartially.
     3. Respect
            o Treat people with dignity, understanding and respect.
     4. Transparency and Accountability
            o Council business and all other duties shall be conducted so that citizens will be
                able to clearly see how and why a decision.
     5. Confidentiality
            o Confidential information learned during the course of performing your office is
                to be kept private.
            o Council members shall not benefit from information obtained in the course of
                their municipal duties.
15
   subsection 93.1(2) The Municipalities Act, subsection 66.1(2) The Cities Act, subsection 107.1(2) The Northern
Municipalities Act, 2010
16
   clause 93.1(5)(a) The Municipalities Act, clause 66.1(5)(a) The Cities Act, clause 107.1(5)(a) The Northern
Municipalities Act, 2010
17
   clause 93.1(5)(c) The Municipalities Act, clause 66.1(5)(c) The Cities Act, clause 107.1(5)(c) The Northern
Municipalities Act, 2010
18
   section 3.1 schedule 1 The Municipalities Regulations, section 3.1 schedule 1 The Cities Regulations, section 3.1
schedule 1 The Northern Municipalities Regulations
                                                            4
    6. Leadership and Public Interest
          o Council members will serve their citizens and always act in the best interests of
              the municipality.
          o Acting for personal benefit, wrongdoing or unethical conduct will not be
              tolerated.
    7. Responsibility
          o Council members shall act in accordance with legislation, disclose conflicts of
              interest, follow policies and procedures of the municipality and exercise powers
              strictly for the purpose intended.
Council is required to establish a process to deal with contraventions of the code that will
outline the remedial actions available to council. The complaint handling process needs to be
based on the principles of fairness, accessibility, responsiveness and efficiency. Procedural steps
that council may wish to implement for the handling of a complaint are:
    1.     Receiving and acknowledging the complaint;
    2.     Notifying the affected council member;
    3.     Notifying the council;
    4.     Trying to resolve the complaint informally;
    5.     Investigating the complaint;
    6.     Giving all parties an opportunity to comment on preliminary findings;
    7.     Deciding how to deal with the complaint; and
    8.     Giving reasons.
Role of Council
Duties and Responsibilities of Council
Council is elected to make decisions for the municipality about services, policies and programs.
Council members have an equal voice at the council table – every council member has one vote.
A majority vote is required to make a council decision. A council decision is the decision of the
municipality. All council members must respect the decision, even when they did not vote in
favour.
Council:
    •      develops and evaluates policies and programs;
    •      is accountable to the public for the decisions it makes; and
    •      makes sure that the municipality acts within the law.
                                                    5
Over the course of your term, council will need to make many complex decisions. These may
include decisions on strategic and financial planning, economic development, staff, public
relations and communications, and land use planning.
19
   section 112 The Municipalities Act, section 86 The Cities Act, section 128 The Northern Municipalities Act, 2010
20
   subsection 92(a) The Municipalities Act, subsection 65(a) The Cities Act, subsection 106(a) The Northern Municipalities
Act, 2010
21
   subsection 92(c) The Municipalities Act, subsection 65(c) The Cities Act, subsection 106(c) The Northern Municipalities
Act, 2010
22
   subsection 92(d) The Municipalities Act, subsection 65(d) The Cities Act, subsection 106(d) The Northern Municipalities
Act, 2010
                                                            6
It is common for a council member to feel overwhelmed in their new role. The Municipal
Leadership Development Program offers a number of training modules for council members and
administrators. Another resource offering training material is located at
http://www.georgecuff.com/.
It is also important to:
    •   attend conferences, meetings and related training sessions;
    •   discuss matters with previous experienced council members in your municipality; and
    •   network with elected officials at other municipalities.
Education on municipal matters and good listening skills enable you to set policies and enact
bylaws in the best interests of your citizens.
              A member of council:
                  •    represents the voters;
                  •    considers the well-being and interests of the municipality;
                  •    participates in council, committee and other bodies’ meetings; and
                  •    makes sure that administrative procedures and policies are in place
                       to implement council decisions.
          A mayor or reeve:
              •   presides at a council meeting when in attendance;
              •   votes on all resolutions and bylaws;
              •   is a member of all council committees and municipal bodies; and
              •   is the “head” under The Local Authority Freedom of Information and
                  Protection of Privacy Act.
                                                   7
Duty to Respect Confidentiality
As a council member, you may be privy to third-party or confidential information. You share the
same responsibility to maintain the confidentiality surrounding the information that is required
of any employee of the municipality.
It is important to keep confidential matters discussed in closed meeting sessions or confidential
information of a private nature private until discussed at a public meeting.
If confidential municipal information comes into your hands, a wise option may be to return the
information to the municipal office to file it securely.
23
     section 81 The Municipalities Act, section 55 The Cities Act, section 100 The Northern Municipalities Act, 2010
                                                               8
Role of Administration
Administrator
The administrator is an important member of the municipal management team. The
administrative organization of your municipality and reporting relationships of senior staff is set
by council and generally reflects the municipality’s size, services and priorities. Often the
administrator reports directly to council and the other staff members report to the
administrator. Department heads may also report directly to council.
Training your staff so they can carry out their duties and understand new developments in their
field is very important.
Duties of Administrator
Your administrator must:
    •   ensure that the policies and programs of the municipality are implemented;
    •   ensure that minutes of each council meeting are prepared and distributed in a timely
        way;
    •   provide professional advice and support for council’s consideration and
        decision-making;
    •   manage the finances of the municipality;
    •   advise and inform council on the operation and affairs of the municipality; and
    •   manage, lead and direct the rest of the municipality’s employees, unless council decides
        otherwise.
Council should expect that the administrator will:
    •   prepare and distribute council meeting agendas and supporting documents in a timely
        way, so council members can participate in the debate and make informed decisions;
    •   prepare easy to understand monthly financial statements that provide a snapshot of the
        financial position of the municipality; and
    •   provide well-researched and easy to understand reports that contain options to address
        issues, and a recommended course of action for council’s consideration.
                                                  9
Employee Code of Conduct
Council shall establish a code of conduct for employees of the municipality. The code of
conduct:
    •   provides an understanding of the rights, privileges and obligations of municipal
        employees;
    •   protects the public interest;
    •   promotes high ethical standards among municipal employees;
    •   provides direction for municipal employees when they are uncertain about ethical
        appropriateness of certain conduct (receiving gifts); and
    •   sets out the corrective measures for unethical conduct.
The code of conduct for employees will include rules about conflict of interest. Employees
cannot:
    •   use information that is not available to the public for their personal benefit;
    •   seek to further the employee’s private interests; and
    •   use his or her position to influence another person’s decision in a way that a person’s
        private interest would benefit.
The employee code of conduct will also describe what can be done when staff suspects that
they have a conflict of interest.
Conflict of Interest
Public education about conflict of interest is increasing across Saskatchewan, placing an
increased importance for you to be aware of when you may be subject to a conflict of interest.
Citizens expect integrity in the decisions and day-to-day operations of the municipality.
Identifying, addressing and managing conflicts of interest are key to maintaining the public’s
trust.
The onus to declare a conflict of interest is solely on you. As an elected member of council, you
have taken an oath or affirmation that you will perform the duties of your office which includes
the conflict of interest provisions in legislation. If you fail to declare a conflict of interest, a voter
or a council can apply to the court if they believe that you have violated the conflict of interest
rules. Contraventions of conflict of interest provisions are reason for disqualification and only
                                                    10
the Court of Queen’s Bench can determine if a council member has a conflict of interest or if
they should be disqualified. 24
The existence of a conflict of interest is not, in and of itself, evidence of wrongdoing. In many
cases, it is virtually impossible to avoid having a conflict of interest while sitting on council.
Declaring a conflict of interest is a healthy part of the decision-making process. As a member of
council, you need to be able to be open about your personal interest and declare it. If you think
you may have a conflict of interest, you probably do.
24
   subclauses 147(1)( c)(ii) The Municipalities Act, subclauses 120(1)( e)(ii) The Cities Act, subclauses 165(1)( e)(ii) The
Northern Municipalities Act, 2010
                                                             11
What Do I Do When I Think I May Have a Conflict of Interest?
As a member of council, you cannot use your office to influence a decision made by another
person to further your private interests or the private interests of a closely connected person. 25
A council member must disclose an interest each and every time the matter, in which an
interest is held, is brought before council. Disclosure of an interest at one meeting does not
carry over to other meetings or last for the full term of council. If a council member is absent
from a council meeting where a matter that the member has an interest is discussed, the
member must disclose the interest at the next council meeting.
All situations of real or perceived conflict of interest, as well as bias, should be assessed with
great caution. At any point where the subject of potential conflict arises, be it at a committee or
council meeting, or even outside of a meeting format, legislation requires the member to
abstain from voting and not participate in discussion in any way, be it formally or informally.
Informal participation extends to being present in the room, as influence can be exerted
through body language as much as verbal or written communication.
If an interest is properly declared, there is no conflict in the decision made by council. When an
interest is declared, the declaration:
       •     occurs before any consideration or discussion;
       •     requires that the general nature of the conflict be disclosed;
       •     includes any material details that may reasonably be seen to affect the member’s
             impartiality; and
       •     involves the person making the declaration leaving the room while the topic is being
             discussed and decisions relating to the topic are being made.
A declaration of a conflict of interest including the general nature, the material details, and the
abstention or withdrawal from council chambers is recorded in the meeting minutes.
25
     section 144.2 The Municipalities Act, section 117.2 The Cities Act, section 162.2 The Northern Municipalities Act, 2010
                                                              12
               Council members with a conflict of interest are legislatively required to:
                   •    declare they have a conflict of interest when they have one whether they
                        are present at the meeting or not;
                   •    leave council chambers; and
                   •    do not discuss the matter with other council members or staff.
                                      Declare, Disclose, Abstain, Refrain, Leave
Budget Deliberations
When making these decisions, it is important to remember that you are responsible, as an
elected member of the council, to safeguard taxpayers’ money and to make the best use of
financial resources. To be effective, decision-making should be outcome driven. When making
a decision, council members should ask:
    •      What do we want to achieve?
    •      How does this fit into the big picture?
    •      What level of service should we provide?
    •      How do we make sure that the municipality is a sustainable service provider?
Level of service refers to the amount, quality and kind of municipal services provided. Level of
service encompasses the idea that the services provided:
    •      are appropriate to the needs and desires of citizens;
    •      are financially feasible to provide; and
    •      may include municipal road networks, policing, fire protection, water, sewer, recreation
           facilities, and solid waste disposal.
Council determines the level of service provided by:
    •      consulting with the public;
    •      setting measurable performance goals;
    •      ensuring minimum service standard requirements are met;
    •      developing policies after careful analysis of information provided by administrators; and
    •      determining the cost associated with the level of service provided.
                                                      13
Council decisions help ensure that the municipality raises the required revenue to pay for the
cost of services provided. Priorities that may shape budget decisions include:
    •   operating costs;
    •   proposed capital projects;
    •   infrastructure maintenance program – how to maintain current infrastructure to provide
        the level of service desired;
    •   infrastructure renewal plan – how to ensure infrastructure will continue to provide the
        level of service desired in the future;
    •   planning for growth; and
    •   financial commitments to maintain the health, safety and welfare of the residents.
Key questions council members should consider about revenue and spending include:
    •   How much will this cost the municipality?
    •   How much revenue is required to meet the goals and objectives of council?
    •   Are the costs associated with providing this level of service feasible?
    •   Will spending in this area create a desirable cost/benefit return?
    •   Are the risks associated with not doing this acceptable?
                                                14
Borrowing
Borrowing is also a source of funding for municipalities. Buying or building capital assets often
requires a major investment commitment from council. Municipalities are increasingly planning
for and undertaking large, expensive capital projects. The magnitude and costs of these projects
usually generate public interest in the municipality’s capital plan. Citizens want to understand
what council is proposing and why and how the financing of a project will affect them.
Involving citizens from the outset, by making information about council’s proposals available, is
important. Information should include:
    •   the total cost of the project;
    •   whether there are other sources of funding for the project;
    •   how the municipality intends to pay for its share of the costs (including through
        borrowing, etc.); and
    •   the impact on property taxes for property owners as a whole as well as for specific
        property owners.
Long-term borrowing enables a municipality to pay for capital projects and equipment over a
period of years, often matching the term of the borrowing with the estimated useful life of the
capital asset. In this way, those who benefit from the capital asset are the ones who pay for it.
                                                15
Council must appoint a qualified auditor each year to report to council on the financial affairs of
the municipality. 26 A qualified auditor is as a member in good standing of a recognized
accounting profession that is regulated. Your auditor must be able to meet your municipality’s
terms and deadlines for submitting the audit. The financial statements must be prepared by
June 15 (September 1 in cities) 27 for the period ending December 31 of the previous year. 28 The
audited financial statements must be sent to the Ministry of Government Relations by July 1 29
(September 1 for cities). 30
The auditor also prepares a report on your audited financial statement. The report tells council
about any: 31
     •    problems found with the municipality’s accounting procedures or internal controls;
     •    funds spent without proper authorization;
     •    issues that council should be aware of; and
     •    recommendations for council action.
Council may wish to invite the auditor to a council meeting to discuss the report and the audited
financial statement.
The municipality must advertise that the audited financial statements are available to the public
at the municipal office by September 1. 32 Many municipalities post a consolidation of their
financial statement on their website, in a paper that circulates in the municipality or send a copy
of the consolidated financial statement in the mail to each ratepayer.
Financial statements:
26
   section 189 The Municipalities Act, subsection 159(1) The Cities Act, subsection 210(1) The Northern Municipalities
Act, 2010
27
   subsection 156(1) The Cities Act
28
   subsection 185(1) The Municipalities Act, subsection 207(1) The Northern Municipalities Act, 2010
29
   section 185 The Municipalities Act, subsection 208(1) The Northern Municipalities Act, 2010
29
   subsection 186(1) The Municipalities Act,
30
   subsection 157(1) The Cities Act
31
   section 189 The Municipalities Act, section 160 The Cities Act, section 211 The Northern Municipalities Act, 2010
32
   subsection 185(3) The Municipalities Act, subsection 155(3) The Cities Act, subsection 207(3) The Northern
Municipalities Act, 2010
                                                           16
Stewardship of Assets
Capital assets typically form a large part of the municipality’s net worth. Municipal
infrastructure exists to provide services to the community. Council needs to make sure the
municipality’s infrastructure is providing the services the community depends on. Your
municipality needs to install, operate, maintain, upgrade and dispose of infrastructure assets
including:
    •   roads;
    •   water and sewer lines;
    •   lagoons;
    •   landfills; and
    •   buildings.
Operating and sustaining assets with limited funds means a municipality needs a good system to
prioritize spending. By using good asset management practices and principles, council can
better understand how municipal assets work, what they cost to operate and what levels of
service they provide. Council wants to ensure residents are getting the best bang for their buck
when it comes to local infrastructure and the services it provides.
Good stewardship means you make the right decisions to obtain the best value. Minimizing
costs may pose risks which also need to be considered in your decision-making.
              Asset management:
                  •   helps to provide the greatest return on investment;
                  •   balances operating costs against desired performance; and
                  •   requires a good priority system.
                                                 17
Fair Decision-Making
Councillors must look after the interests of the entire municipality. If you are in a municipality
that has wards or divisions, you will have to be careful not to place the interest of your ward or
division above the interest of the whole municipality. Your effectiveness depends on providing
input as a representative of an area while thinking and voting for needs of the whole
municipality.
The path to a good decision does not always follow a straight line. When making decisions:
    •   respect other people’s opinions;
    •   work together as a team;
    •   seek out everyone’s opinions;
    •   ensure you express your views during a debate;
    •   insist a professional debate of important issues in a respectful setting; and
    •   for complicated matters, call on experts.
Council members should be courteous, timely, clear and direct in communicating with each
other, with employees and with the public. This means that you:
    •   take time to listen;
    •   are approachable;
    •   respect confidentiality;
    •   are clear with people about what you can or cannot do; and
    •   apologize if you make a mistake.
As a council, you want the decisions to be fair. Council establishes municipal policies to:
    •    ensure that its decisions are implemented consistently;
    •    manage the expectations of citizens;
    •    describe how municipal staff will handle daily operations; and
    •    establish municipal jurisdiction.
Council decisions impact citizens of a municipality directly, so it is important to hear from the
public. In making decisions, council may ask:
    •   Are we hearing all sides of a question?
    •   Is there someone who we are not hearing from who will be affected by the decision?
    •   Was the public consulted or should it be?
    •   Does council have all the relevant facts?
    •   Are we basing our decision on fact and law or on feelings and opinions?
    •   Can you explain your decision to the people affected by it?
    •   Is the decision consistent with other decisions made in similar circumstances?
    •   Is the decision consistent with the evidence considered?
    •   Should a policy be established?
                                                 18
It is important to communicate council decisions with the public. Make sure you explain why
you have made a decision. People will complain when they think they are treated unfairly.
People who are heard and treated with respect are less likely to complain and more likely to
accept a resolution or settlement that is not what they initially wanted.
              Making decisions:
                  •    is a team effort;
                  •    includes listening to other councillors and the public;
                  •    may include expert advice; and
                  •    affects people directly, so be able to explain your decisions.
Meetings
Councils are required to conduct their business in meetings that are open to the public. This
ensures that the public can hear the debate and know what was decided. Legislation allows
councils to meet in a closed or “in camera” meeting only in very specific legislative situations.
Closed sessions are for discussion purposes and no decisions of council can be made. Once in
open session, if needed, a resolution may then be placed in the minutes.
Councils are required to hold regular council meetings, as established in the municipality’s
council procedures bylaw. Councils can also hold special meetings in addition to regular
meetings. Special meetings are usually held when important or unforeseen business arises that
needs to be dealt with before the next regular meeting.
Council members have a legislated responsibility to attend council meetings. A council member
is disqualified from council, and must resign their seat, if they are absent from all regular council
meetings held during a period of three consecutive months during which at least two council
meetings have been held, starting with the date that the first meeting is missed, unless council
has authorized the absence by resolution.
Council meetings may be conducted electronically, such as over the phone or through
video-conferencing. This provides an option to accommodate council members who, due to
work or other responsibilities, are unable to attend the meeting in person. Council may add
provisions regarding electronic meetings in the council procedures bylaw as public notice is a
requirement.
A legally constituted meeting:
    •   is a regular meeting in accordance with a resolution and the council meeting procedures
        bylaw;
    •   is a special meeting called in accordance with legislation and the council meeting
        procedures bylaw; and
    •   requires notice to the public and to council members be provided when required.
                                                   19
Quorum
Council meetings require a majority (50 percent plus one or a “quorum”) of council to be
present before a meeting convenes and at all times during the meeting. There are exceptions to
requirements for quorum when a member declares a conflict of interest and withdraws from a
meeting. A council member who participates electronically is considered present at the
meeting.
33
   subsection 81.1(2) The Municipalities Act, subsection 55.1(2) The Cities Act, subsection 100.1(2) The Northern
Municipalities Act, 2010
                                                           20
Council committees and other bodies established by council also need written meeting rules. 34
The rules may be different. Council may ask the entity to establish their own rules, but council
must make sure that the rules are in writing and are publicly accessible. 35
A sample template for a council procedures bylaw is available on the Government of
Saskatchewan website at saskatchewan.ca.
Voting at Meetings
A simple majority vote of members present at a meeting decides a matter. 36 However:
     •    unanimous consent of members present is required to authorize three readings of a
          bylaw at a single meeting; 37
     •    unanimous consent and full attendance is required to consider items not included on
          the notice of a special meeting; 38 and
     •    the procedure bylaw established by council may require a higher percentage of votes for
          certain motions.
You cannot abstain from voting unless you have a conflict of interest. If you abstain from voting
for any other reason, legislation deems your vote as a vote in the negative. 41
It is important to make resolutions and vote on matters council debates, even if council chooses
to do nothing, so that the public has a record that council has considered the topic.
34
   subsection 81.1(5) The Municipalities Act, subsection 55.1(5) The Cities Act, subsection 100.1(5) The Northern
Municipalities Act, 2010
35
   subsection 81.1(5) The Municipalities Act, subsection 55.1(5) The Cities Act, subsection 100.1(5) The Northern
Municipalities Act, 2010
36
   section 100 The Municipalities Act, section 73 The Cities Act, section 115 The Northern Municipalities Act, 2010
37
   subsection 103(4) The Municipalities Act, subsection 77(4) The Cities Act, subsection 119(4) The Northern
Municipalities Act, 2010
38
   subsection 123(4) The Municipalities Act, subsection 97(4) The Cities Act, subsection 141(4) The Northern
Municipalities Act, 2010
39
   subsection 99(2) The Municipalities Act, subsection 72(2) The Cities Act, subsection 114(2) The Northern Municipalities
Act, 2010
40
   section 102 The Municipalities Act, section 76 The Cities Act, section 117 The Northern Municipalities Act, 2010
41
   subsection 99(3) The Municipalities Act, subsection 72(3) The Cities Act, subsection 114(3) The Northern Municipalities
Act, 2010
                                                           21
   •    Timely
            o Start meetings on time. Few things can frustrate members more than waiting
                for members who are late.
            o Ensure the debate remains productive.
            o When discussion becomes repetitive, consider summarizing the debate and
                asking if anyone has other points to offer. If there are none, perhaps the
                members are ready to vote on the matter.
            o If more information is required, consider asking for a motion to postpone the
                item.
    •   Impartial
            o Although the chair will have a position on most matters before the meeting, it is
                important that decisions as the chair be based on meeting principles, and not on
                a personal viewpoint.
            o Encourage participation from members who may be less vocal, particularly if
                one or two members appear to be monopolizing the debate.
    •   Firm
            o Stay on course.
            o Discourage discussions not related to the business at hand.
            o Discourage private discussions when another member attempts to address
                council.
    •   A team player
            o The chair does not have any special power respecting the decision-making
                process.
            o The chair has one vote only, just like any other member.
            o The chair cannot veto a decision of council.
Restoring order to a meeting is usually more difficult than maintaining order. The chair may
need to use the following actions:
    •   Use the gavel
            o The sharp sound of a gavel tapping against the sound block will usually interrupt
                offending conduct. If you do not have their attention by that time, continuing
                will likely not bring about the desired results.
    •   Ask for a recess
            o Sometimes a brief recess (five to ten minutes) may allow members to gather
                their thoughts. During this time, the chair may consider having a quiet
                discussion with the member(s) who may be contributing to the disruption.
    •   Refer the contentious item
            o If a particular item is controversial, it may be beneficial to postpone it, refer it to
                a committee for further information, or reschedule it to a special meeting.
    •   Ask for an adjournment
            o Participants may decide it is not productive to continue the current meeting.
                Hopefully, the meeting has dealt with all essential business prior to this action.
                                                 22
Meeting Resources
For information on types of motions and the order of precedence, see Roberts Rules of Order
Online at http://www.rulesonline.com/.
Information about improving the efficiency and effectiveness of meetings is available under
Insights, Articles and Ideas by Eli Mina, Registered Parliamentarian at www.elimina.com.
           Meetings:
                •    are open to the public;
                •    are how councils conduct municipal business;
                •    are conducted according to the council meeting procedures bylaw;
                •    must be attended by a quorum of council; and
                •    require that all elected officials present vote unless a conflict of interest is declared.
Minutes
The minutes show decisions that council made at a meeting by recording resolutions passed or
defeated. Minutes do not record individual opinions.
Minutes contain very few notations. Some notations that are important to record are:
       •     declarations of conflict of interest; and
       •     information about delegations.
The administrator (clerk in cities) 42 asks that council approve previous minutes at the next
regular council meeting. 43 Following approval, the administrator and the presiding officer signs
the last page of the minutes. Good administrative practice includes the administrator and
presiding officer initialling each page of the minutes, other than the signature page.
It is important to read and note errors and declarations of conflict of interest because the
minutes are a permanent public record of council’s decisions.
Bylaws 44
A municipality has the jurisdiction to pass bylaws and includes the power to:
       •     regulate places, things and activities;
       •     deal with development, activities, industries, businesses or things in different ways by
             dividing them into classes or subclasses; and
       •     provide for a system of licences, inspections, permits or approvals.
42
     clause 85(2)(c) The Cities Act
43
     clause 111(2)(c) The Municipalities Act, clause 127(2)(c) The Northern Municipalities Act, 2010
44
     section 8 The Municipalities Act, section 8 The Cities Act, section 8 The Northern Municipalities Act, 2010
                                                               23
Some municipal bylaws are about how the municipality is going to operate. Other bylaws may
impose responsibilities or limitations on citizens or business owners. Legislation provides
numerous ways to enforce the bylaws. For example, council may:
     •    create offences, including continuing offences;
     •    impose fines payable upon summary conviction;
     •    provide for voluntary penalty payments for offences; or
     •    provide for inspection to ensure compliance with bylaws.
It is important to build support for proposed bylaws early in the process. Methods of public
participation may include:
     •    notices on municipal websites;
     •    invitations to submit comments regarding the proposal;
     •    surveys or opinion polls;
     •    setting up committees, task forces or focus groups to provide recommendations; or
     •    meeting with the public or identified stakeholders.
In some cases, notably zoning bylaws, the public must be provided notice and are guaranteed an
audience with council to present their views at a public hearing.
All of these measures provide information to council enabling them to develop policy that is
more in tune with community expectations. These efforts can lead to greater acceptance and
this, in turn, should increase compliance rates. After a bylaw is passed, it is also important to
make sure the public is aware of it.
Matters that Require Public Notice Before Being Dealt with by Council
In some cases, council cannot consider an item at a meeting until the public has received
notice. 46 Your administrator will advise you when public notice is required according to your
public notice bylaw. Choosing to debate and decide on a matter without providing appropriate
public notice, when it is required, enables any voter to legally challenge the decision made. For
example, public notice is required when council intends to discuss:
     •    borrowing money;
     •    establishing a purchasing policy;
     •    leasing land for less than fair market value without a public offering;
 section 127 The Municipalities Act, section 101 The Cities Act, subsection 119(2) The Northern Municipalities Act, 2010
45
 subsection 128(1) The Municipalities Act, subsection 101(2) The Cities Act, subsection 146(1) The Northern
46
                                                          24
     •    setting remuneration for council members; or
     •    permanently closing a road. 47
Personal Immunity/Liability
As an elected member of council, you can be held legally liable for decisions to act or not to act.
Council members make decisions at council meetings. Individual council members, including
mayors and reeves, have no authority to act on their own:
     •    If you decide to purchase a mower for the municipality without prior approval because
          you found one that was a “good deal”, you may find that you are responsible to pay the
          price of that mower out of your personal funds.
     •    If your council has authorized the purchase of a piece of equipment and you decide to
          cancel the order for any reason, you may find that any order cancellation costs may be
          payable by you personally instead of by the municipality.
On the other hand, if you are aware of a dangerous situation on one of your roads and your
council fails to take any action, it may find that the situation may cause a liability to the
municipality; or if you as a councillor have noticed a dangerous situation and you fail to take the
appropriate action by reporting it to administration, you may be personally held responsible for
failing to report the danger.
Your municipality may wish to develop a policy about reporting situations that pose a potential
risk. A written policy:
     •    may protect council members from potential liabilities; and
     •    will give staff direction informing them of council’s expectations when situations pose a
          risk to the municipality.
Legislation protects you as a member of council, a member of a public utility board established
by council, a member of a council controlled corporation or a municipal officer, volunteer or
agent, but only when you are acting in good faith, 48 in your duties as an elected municipal
council member.
47
   subsection 13(4) The Municipalities Act, subsection 13(6) The Municipalities Act, subsection 13(4) The Northern
Municipalities Act, 2010
48
   section 355 The Municipalities Act, section 317 The Cities Act, section 375 The Northern Municipalities Act, 2010
49
   subsection 117(1) The Municipalities Act, subsection 91(1) The Cities Act, subsection 133(1) The Northern
Municipalities Act, 2010
                                                            25
Any document that is presented at an open council meeting should be available to the public, as
a general rule. Not only may citizens see the documents at the municipal office, they may also
ask for copies of any of these documents. Minutes, financial information, accounts paid,
contracts and reports are available to the public on request.
It is important to understand that, under The Local Authority Freedom of Information and
Protection of Privacy Act, any municipal records with limited exceptions are accessible when an
application is made. 50 The Local Authority Freedom of Information and Protection of Privacy Act
also requires municipalities protect personal information of citizens, employees and others. 51
Some information may be blacked out before records are given.
               Access to information:
                 •    citizens are entitled to municipal information;
                 •    minutes, financial information, accounts paid, contracts and reports are
                      available to the public on request;
                 •    all municipal records are accessible; and
                 •    personal or private information must be protected.
Citizen Complaints
Councils should make every effort to work with citizens to address their concerns because
council is elected by and accountable to its citizens. It is always ideal when the municipality can
resolve a complaint. Policies about how complaints will be handled and who responds to the
matter may help council efficiently manage the issue.
A good communication strategy or ratepayer consultation when changing policies or enacting
bylaws may reduce the number of complaints received. Treating citizens on the principles of
fairness, accessibility, responsiveness and efficiency will create a better relationship. When
citizens feel informed and included in decisions, they are less likely to complain.
Further information on options available to citizens in dealing with council are found in A
Citizen’s Guide to Shaping Council Decisions, developed by the Ministry of Government Relations
and found on the Saskatchewan.ca website.
Citizens can take their complaints further if they feel that the municipality has not treated them
fairly. Citizens may file a complaint with Ombudsman Saskatchewan, who has authority to
investigate complaints relating to administrative actions of the municipality or a municipal
employee.
50
     section 5 The Local Authority Freedom of Information and Protection of Privacy Act
51
     section 28 The Local Authority Freedom of Information and Protection of Privacy Act
                                                             26
Ombudsman Saskatchewan is a neutral, impartial and independent organization. Unlike a
judge, the Ombudsman does not take a position on matters of public policy. After an
investigation, the Ombudsman can make recommendations to a municipality if the Ombudsman
finds that a municipality:
    •   has made a decision or acted in a way that is contrary to law, unreasonable, unjust,
        oppressive, improperly discriminatory or based on a mistake of law or fact;
    •   has exercised a statutory power, duty or function for an improper purpose, on irrelevant
        grounds, or by taking into account irrelevant considerations; or
    •   should have given reasons for a decision or action.
Information about Ombudsman Saskatchewan is available online at
https://www.ombudsman.sk.ca.
All citizens have a fundamental right to challenge a decision made by council to the Court of
Queen’s Bench if they believe that a municipality is acting outside or contrary to the law.
            Accountability:
                •   most citizens’ complaints can be resolved through discussion;
                •   take time to listen to citizens;
                •   citizens may elevate their complaints to the Ombudsman; and
                •   all citizens have a right to take a municipality to court.
27