THE WAY FORWARD
Administration is based on law. Any alleged wrongdoing must be handled on the basis of law. Both Ministry and Council should be interested in handling council matters on the basis of law and justice without fear or favour , affection or ill will.
A scene that displays conflict between Ministry and Council is counterproductive.
The Local Government Act states under Section 42 that :
” There shall be a Chief Executive for each Council whose office shall be an Office in the Local Government Service and shall, subject to the provisions of this Act, be subject to the terms and conditions which may be prescribed for the Local Government Service.
(2) A Chief Executive shall be appointed by a Local Government Service Commission after consultation with the Chairperson who may attend all proceedings and deliberations of the Commission when considering the appointment of a Chief Executive.
43. (1) The Chief Executive shall manage the affairs of the Council and shall be answerable to the Council and be subject to its direction and control.
(2) A Chief Executive shall, in the exercise of his or her functions, report to the Chairperson.
(3) Without prejudice to the generality of the provisions of this section, a Chief Executive shall-
(a) Be an ex-officio member of all Committees of the Council;
(b) Be responsible for the day-t0-day performance of the executive and administrative functions of the Council and the implementation of all its decision;
(c) Supervise, monitor and co-ordinate the activities of the departments of the Council and ensure accountability and transparency in the management and delivery of the Council’s services;
(d) Be the accounting officer of the Council;
(e) Be the custodian of all documents and records of Council; and
(f) Perform such other functions as are required by this Act, or any other enactment.
Section 115 of the Local Government Act establishes the Loal Government Service .It reads :. “There shall be a Local Government Service which shall form part of the Public Service of The Gambia.
116. (1) Subject to the provisions of this Act, a Council shall have such staff and establish such posts as is necessary for the proper discharge by the Council of its functions.
(2) An office of a Council shall be an office in the Local Government Service and shall be subject to such terms and conditions, including conditions as to remuneration, as shall be prescribed for the Service.”
Section 118 adds ” There shall be a Local Government Service Commission for each Council.
(2) The Local Government Service Commission shall comprise-
(a) A Chairperson; and
(b) not less than two or mor than four other members, all of whom shall be persons of high integrity and good character to be appointed by the Secretary of State.
(3) The functions and powers of the Local Government Service Commission are to-
(a) Make appointment to offices in the Local Government Service;
(b) Make provisions for the overall management and efficiency of the Local Government Service;
(c) Set up general and uniform guidelines for appointment, promotion and discipline;”
Understand , respect and cooperate on the basis of the terms and conditions of service then there will be no role conflict between Ministry and Council.