Методическое пособие для депутатов. Петрозаводск 2005

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Методическое пособие

Содержание 1. Forms of responsibility of the representative structures of local self-government (councils) Position and role of members of the council and municipal managers – a comparative viewpoint VI. Councils in the Finnish local government

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1. Forms of responsibility of the representative structures of local self-government (councils)

Responsibility of the municipalities is the negative consequences coused by adoption by a municipal representative structure unlawful decisions or improper implementation of their competences. Municipalitied responsibilty can be of constitutional and civil character. Article # 73 of the Federal law # 131 of 6.10.2003 defines type of responsibilities: - if a court decides that a representative structres has adopted a desion which contradicts the Russian Constitution or federal laws, regional constitutions, regional legislation, human rights or the status of that structure and a municipality doesn’t change the decision in 3 months then the head of the regional executive power proposes to a regional parliement a draft of a law to suspend that municipal representative structure. If a law is passed then a representative structure stops its functioning. The Pitkaranta city council had such a problem only once since 1995 when a court recommended it to make amendments to its status.

Vladimir G. Zaharov,

chairman of the Association of municipalities,

Republic of Karelia,

head of the Pitkaranta municipality


2. Control activities of a municipality


The main aim is to control budget spendings. It can be done by special structure (audit commission) established by a council or by council itself. Regional authorities have also rights for control if they give finances to a municipality.

Ludmila Kochneva,

chairman, Committee on finances and budget,

Legislative Assembly, Republic of Karelia


3. Financing of a representative structure of municipality

The new Federal law defines for the first time ways of financing of municipality representative structure. It’ll be included into local budget and will be approved by councils.

Svetlana Alekseeva,

deputy minister of finance,

Republic of Karelia

3. Council, transparency and access to information
   

Transparency and access to information are basic principles of Finnish local government. The Local Government Act emphasises not only representative democracy but also opportunities for residents to participate and exert influence locally. The Local Government Act emphasises the importance of representative democracy and of residents and service users taking part in and influencing local affairs. Local authorities provide members of the community with information on current issues in process, or plans affecting them, their progress, decisions reached and their effects. The meetings of the council are public. Information technology changes municipal activity rather rapidly. The primary aim of information technology is to improve the situation of municipal residents. Not only information is mediated to residents via the information network, but residents will also be offered the opportunity to participate in local debate. However, there are currently great disparities between IT capabilities. The information networks would be of most use expressly for residents of remote districts, who, however, are the ones lagging behind the growth centres in capabilities. Improving the IT capability of residents is considered to be an important objective for the future.


Kaija Majoinen,

D. Sc. (Admin.), Docent,

Director of Development

at the Association of Finnish Local and Regional Authorities.

3. The Finnish municipal democracy audit project
   

The aim of the Finnish Municipal Democracy Audit project is to construct indicators to describe the different aspects of local democracy. The indicators can be used to measure the state of local democracy and examine development measures needed for the strengthening of democracy. The indicators constructed during the project and the assessment of the state of local democracy based on them will give local authorities an opportunity to discuss the development of local representative democracy and direct citizen participation. This development work can be carried out in municipalities in co-operation between the political and professional management and other local actors. In a democracy audit, a range of different indicators can be used. In the Finnish audit project, which has already been completed, the indicators used included the representativeness of opinions of local residents, the representativeness of elected representatives in relation to local residents, citizen participation and the functioning of local decision making and of civic society, to name a few.


Ms Päivi Kurikka,

M.Soc.Sc.

Senior Adviser at the Association

of Finnish Local and Regional Authorities.

3. Auditing committee: helping the municipal council
   

The main tasks of the auditing committee are to assess whether the operational and financial targets set by the council have been achieved; to prepare matters related to audits of the administration and finances for decision by the council; and to arrange for audits of the administration and finances during the years of its term. The auditing committee and auditors are entitled to obtain information from municipal authorities that they consider necessary in order to carry out their auditing assignment, notwithstanding provisions concerning confidentiality. Under the Local Government Act, every local authority is required to set up an auditing committee. The auditing committee is appointed for the same term as the municipal council and the council is responsible for electing members to the committee. Persons other than councillors may be elected members of the auditing committee. However, the chairman and vice-chairman of the committee must be councillors.

Kaija Majoinen,

D. Sc. (Admin.), Docent,

Director of Development

at the Association of Finnish Local and Regional Authorities.


7. Educational opportunities and forms for the members of council in Finland


The claims for know-how of the members of council emerge from the managing of tasks of the Finnish local self-government, democracy and the council. A member of the council must be familiar with the judicial and functional fundamentals of operation of the council. Additionally, a member of the council must know enough of the substance of his/her own municipality’s operation, such as the situation, structure and workings of services. A member of the council must also be able to act as a political leader. This requires preparedness for strategic conduct and integration of economy and operations. Ensuring of the know-how and knowledge of the members of council is a precondition for the functionality of the whole democratic system. The four-year period election procedure sets its own demands for fast and efficient training. The training is further strengthened by the increase in the educational level and the improvement in data processing skills of elected officials.


Mr Jarmo Asikainen,

M.Sc. (Admin.)

director at Efeko Ltd

5. Position and role of members of the council and municipal managers – a comparative viewpoint
   

1. Key features of the Nordic local government and democracy
   

The aim of this article is to describe and to compare the features of the local democracy in the Nordic countries. The article focuses on the role and tasks of the municipal council, the executive board and other political organs in the municipalities in the Nordic countries from a comparative perspective. Also, the different roles of the CEO’s in the Nordic municipalities are described and compared. Even though the frames of the systems look alike there are however numerous noteworthy and interesting differences in the Nordic countries – both in the design of the system and in the division of the tasks.

Ms Marianne Pekola-Sjöblom,

Lic. Soc. Sc.,

Head of Research at the Association

of Finnish Local and Regional Authorities.


2. The status and the role of councillors and municipal managers


In Finland the management of local government units has been divided between councillors, members of the municipal board, committees and on the other hand between municipal managers. The council is responsible for strategic strategic decision-making and for setting the objectives for the entire consolidated municipality as well as for ensuring that the operations and finances of the local authority are balanced, assessing these operations and organising their monitoring. In addition, the council must ensure that local residents have the opportunity to participate in and influence their local authority’s operations.

The function of the council are specified in section 13 paragraph 1, section 27 and section 65 of the Local Government Act. The new Local Government Act gives the strong position to the council. The council has total responsibility for the operations and finances of the local authority. Councillors are entitled to information from municipal authorities and to see documents that they consider necessary for their work unless the provisions on confidentiality require otherwise.

Local authorities shall have a municipal manager who directs their administration, financial management and other operations subordinate to the municipal board. The council shall elect a municipal manager for an indefinite or fixed period. A municipal manager elected for the council term can be elected chairman of the municipal board. The election for this municipal manager shall be held before the election of the municipal board and his term shall continue until a new municipal manager is elected. In fact, the municipal manager is the main strategic actor and holder of power in the local unit.


Kaija Majoinen,

D. Sc. (Admin.), Docent,

Director of Development

at the Association of Finnish Local and Regional Authorities.


3. Cooperation between municipalities and its influence on the work of the council.

As a result of the change in the economic structure the sphere of working and living areas has broadened from municipalities to regions. Cooperation between two municipalities has transformed into regional cooperation, and the competition for organizations and jobs has been responded with municipal cooperation in the development of businesses. During the past years new co-operational areas have also been found, such as water supply and sewerage, data processing services and joint software, financial and personnel administration, town planning etc. Nevertheless, the cooperation has not expanded in basic services excluding the traditional federation of municipalities of municipal health care and educational administrations. The cooperation and acting in networks are based on contracts, which are central tools of conducting. With the increase of regional cooperation there have been discussions about so-called shortfall in democracy, which emerges from the further increasing external operations of fundamental municipalities that are not managed enough by elected officials. During the past years democracy-based regional council-type institutions have been founded in regions. However, they lack broader authority and resources.

Mr Jarmo Asikainen,

M.Sc. (Admin.)

director at Efeko Ltd


VI. Councils in the Finnish local government


1. Council in the strategic conduct of municipalities


In Finland, the long-term goals of the operation of municipalities are defined and municipalities are conducted with the help of strategies. In the Finnish local governments concrete responsibility of strategic leaders has also been given to elected officials elected through elections, of which only a part are professionals in conducting and experts in practical strategic work. The council’s active participation in the strategic work brings forth the many voices of municipal entities and the richness of living.

In the beginning of strategic work it is central to assess the implementation of the previous strategy as well as the condition of the operational environment afterwards and the anticipation of its change. Different methods and means of documenting are used in the analysis of strategies, and during the past years strategies are analysed also in municipalities with the BSC (balanced scorecard) method. However, intellectual and creative processes, where goals demanded by a successful operation can be found, are the most central factors in strategy. Methods and means of documenting only ensure the concretizing of ways of thinking as well as support the process of implementation and putting into action. Strategic thinking and conducting can only be learned in practice, and therefore, each participant him/herself must learn walking on the strategy road and taking the steps again and again. In the council’s strategy work the members’ acquainting with one another and one another’s way of thinking and thoughts are as important.


Mr Jarmo Asikainen,

M.Sc. (Admin.)

director at Efeko Ltd


2. How the council shall be elected and how does it work in Finnish municipalities?


The members and deputy members of municipal councils and Kainuu regional council shall be elected in municipal elections for the calendar years following the election year. The election turnout remained in the last election at approximately 59 %. Municipal elections shall be direct, secret and proportional. Although the importance of parties has decreased expecially in the 1990s, the road to municipal councils still often goes through political parties. Sitting councillors are preferred candidates to the council seat if their party retains its position in the election. Elderly councillors standing again as candidates fail most often to become re-elected. Organizational experience and familiarity among voters are important resources for candidates. For example active participation in associations for entrepreneurs, producers, sports or neighbourhood associations has substantially facilitated candidates’ access to a seat in the council.

The council is responsible for the operation and finances of the local authority. The main functions of the council are to decide on the main operational and financial objectives, decide on the principles for arranging the administration and decide on the principles of finances and financing and approve the budget. Although section 27 of the Local Government Act prescribed the obligation to ensure that local residents have the opportunity to participate in and influence local decision-making processes as one of the council’s functions, this section>
The Finnish councils are currently redirecting their work towards strategic management. In practice this means that the methods of strategic management have been applied to council work. Most municipalities have promoted the councils´ opportunities to influence strategic management by introducing council seminars that focus on certain themes and complement decision-making meetings. The councils´ basic functions that are changing as the operational environment changes require mutually agreed rules that can be recorded in the local agreement on council work.


Kaija Majoinen,

D. Sc. (Admin.), Docent,

Director of Development at the

Association of Finnish Local and Regional Authorities.

3. Good practices for promoting opportunities for
   

local resident participation and influence in Finland


In the past decades, there has been a growing interest, but also increasing pressure, in Finland to provide local residents with more opportunities for participation and exerting influence. The reasons behind this development can be traced to problems common to the Western democracy as a whole. In Finland, a strong legislative base has been established to ensure that citizens have opportunities to participate and exert influence. At the local level, a particularly heavy responsibility falls on the municipal council to provide participation opportunities for local residents. Under section 27 of the Local Government Act, there are a variety of means available for councils to further resident participation and opportunities for exerting influence. Councils have, however, been relatively cautious about applying these means. Several local authorities have, therefore, launched a range of projects and experiments to promote participation. Among these projects, the national Participation Project, completed in 2002, can be seen as the most important. The experiences gathered from the project have shown that it is possible to develop new working methods that make residents more active. It is important to promote local residents’ spontaneous activities but this cannot be accomplished without changes in the administrative culture and without continuously developing new working methods. What is needed most of all is interaction and a common language for different actors.


Ms Päivi Kurikka,

M.Soc.Sc.

Senior Adviser at the Association

of Finnish Local and Regional Authorities.