LOCAL GOVERNANCE BOARD REGULATIONS

LOCAL GOVERNANCE BOARD

SUBSIDIARY LEGISLATION 363.150

LOCAL GOVERNANCE BOARD REGULATIONS

2nd February, 2010

LEGAL NOTICE 63 of 2010.

The title of these regulations is the Local Governance

Board Regulations.

Regulation 4(4)

Form of oath to be taken by the members and the Secretary

on the Board of Local Governance

I ................................. nominated to serve as member/Secretary

on the Local Governance Board swear/affirm that, for as long as I

am member/secretary to that Board, shall faithfully, fully,

impartially and to the best of my abilities, carry out my duty and

perform my office by the powers vested in me through the said

nomination.

So help me God.

(name and surname)

(date)

In these regulations, unless the context otherwise requires

"Act" means the Local Government Act;

"the Board" means the Local Governance Board established by

means of these regulations;

"the Department" means the Department for Local Government;

"the Director” means the Director for Local Government;

"Elected representative" includes any Mayor, Deputy Mayor,

Councillor or any elected representative in any Regional

Committee or Administrative Committee;

"Executive Secretary" includes the Secretary to any Regional

Committee, Local Council or Administrative Committee;

"Local Government" means any Regional Committee, Local

Council or Administrative Committee;

"maladministration" includes decisions taken by any elected

representative or any official of any Regional Committee, Local

Council or Administrative Committee that are taken after an

unreasonable time without any justification, non consistent

procedures adopted under similar circumstances, the provision of

wrong information or documentation, or decisions that are not

according to law or statutory procedures, any action the

implementation of which causes undue inconvenience or any abuse

of discretion;

" t h e M in i s t e r " m e a n s t h e M in i s t e r r e s p o n s i b le f or L oc a l

Government;

"official" includes any official of any Regional Committee, Local

Council or Administrative Committee.

There shall be established a Board to be called the Local

Governance Board having it s constit ution and funct ions as

established by these regulations.

(1) The Board, which shall be established by the Minister,

shall be constituted a representative of the Minister who shall be

the Chairperson and two other members, with the possibility of

appointing up to two substitute members.

(2) No person shall be appointed on the Board if he holds office

in the Department, the Local Councils Association, the Association

of Maltese Local Council Executive Secretaries, any Regional

LOCAL GOVERNANCE BOARD

Committee, Local Council or Administrative Committee, in order

to avoid any real or potential conflict of interest.

(3) The Board’s Secretary shall be an officer in the public

sector.

(4) The members and Board Secretary shall, on appointment,

prescribe to the oath of office before a Commissioner for Justice, in

the form prescribed in the Schedule.

The Board shall have the functions to investigate and

decide on any issue referred to it regarding

(a) any alleged abuse or bad decision or maladministration

committed by any elected representative, Executive

Secretary, or any other official, which offence is not

one of a criminal nature;

(b) any alleged breach of the Code of Ethics for Elected

Representatives in force at the time of the alleged

breach;

(c) any complaint by any member of the public against

any Elected Representative, Executive Secretary or

any official with respect to any maladministration;

(d) any complaint from any public official or public or

private entity against any Elected Representative,

Executive Secretary or any official of any

maladministration;

(e) any complaint from a member of the public, public

official or any public or private entity against any

decision of a local government on any decision which

he deems to constitute any irregularity, injustice or

abuse not being of a criminal nature.

Any person or entity that lodges a complaint shall address

such complaint to the Chairperson, Board of Local Governance.

(1) In executing its functions, the Board may adopt such

procedure that it deems fit.

(2) The Board Secretary shall write down the decisions taken

by the Board members and make a summary of the discussion

without the need to identify the members and their opinions. The

decision shall be taken by a simple majority.

(3) Any member of the Board, may, if he does not agree with

the final decision of the Board, submit to the Board a minority

report wherein he gives his reasons for not agreeing with the final

decision of the Board.

(4) In carrying out its investigation, the Board shall have the

power to -

(a) convene persons to appear before it and give

information on oath in any place, day and time as it

may determine;

(b) cause any person having any document relevant to the

LOCAL GOVERNANCE BOARD

investigation to present that document;

(c) inspect in any manner and in any place which it may

determine, and keep extracts from any books, accounts

or documents in a printed or any other manner.

(1) The decision of the Board together with the

recommendation on the action to be taken shall be communicated

to the Director.

(2) The Director may also request a clarification from the

Board before any action is taken.