European Conference “The elected executive and the local authority Chief executive – A delicately balanced and complementary partnership”

Strasbourg, 17 and 18 January 2008

Speech by Yavuz Mildon, President of the Chamber of Regions of the Council of Europe Congress of Local and Regional Authorities

Mr Chairman,

Excellencies,

Ladies and Gentlemen,

Dear friends,

In a popular TV series “The West Wing” (“A la Maison Blanche” in French), the newly elected US President is choosing his Chief of Staff. He asks for help from his friend, who says: “Do you have someone you can trust?” The answer is “yes”. “Is he more intelligent than you?” The answer is “yes”. “That’s your Chief of Staff.”

As we gather here today to discuss the partnership between elected representatives and Chief executives of the local authority, let us keep in mind that an effective political action can only be carried out through synergy between these two constituent parts of politics. Some people are born to be elected leaders, and others are born to be efficient civil servants, providing support and ensuring the political exercise of elected representatives. And I don’t need to remind you of another popular TV series of the past, “Yes, Prime Minister”, to highlight the importance of each side.

Yet today we face sometimes the problem of balance in the partnership between the elected executive and the local authority Chief executive, the problem which amounts to a simple notion – what should be done to guarantee the independence of the civil servant while ensuring the freedom of an elected representative to pursue his or her policy?

This is exactly the subject matter of this Conference, which I consider to be a very timely event, and I wish to thank the organisers, first and foremost the Federation of Local Government Chief Executive Officers of Europe (UDITE), for taking this initiative. During these two days, we will be discussing ways of ensuring the optimal institutional relations between the political executive body making decisions at local and regional level and the administrative body in charge of implementing these decisions.

The balance in these institutional relations may sometimes be quite fragile, reflecting up to a point the fragility – or, rather, the intricacy of interaction – between politics and management. It is clear, of course, that the Chief executive, with his or her managerial functions, is accountable to the elected body and the elected executive, who bears the legitimacy of popular vote. It is equally clear, on the other hand, that in the situation of a conflict between the two can, and often does, end up in a political stalemate, to the detriment of the good functioning of democratic machinery, which is exactly contrary to what our citizens want and elect us for.

In a few minutes, Congress expert Jacques Bouvier will make a more detailed presentation on the main questions involved, to fuel our discussions. However, I would like to point out that the Council of Europe and its Congress of Local and Regional Authorities, which I represent today as President of the Chamber of Regions, have been following the issue for quite some time. In 1995, the Congress adopted a recommendation following the 2nd European Conference of Local and Regional Authority Staff, which was held in Budapest in September 1994. In this recommendation, the Congress stressed the need to establish an efficient public service at local and regional levels, in line with the devolution of competences to local and regional authorities, and to make sure that local and regional authority staff depend exclusively on their respective elected representatives. The recommendation dealt extensively with such issues as the legal status and employment of local and regional authorities’ staff, their training and staff policy requirements. It was particularly pointed out that the European Network of Training Organisations for Local and Regional Authorities, ENTO, which the Congress helped to create and has been actively supporting since, has a major role to play in educating and training local and regional staff to carry out their duties efficiently.

In 1999, the Congress adopted a recommendation on political integrity of local and regional elected representatives, which included the European code of conduct for local and regional elected representatives and their specific obligations during the taking, holding and relinquishing of office. In our view, local and regional staff is essential for ensuring that this code of conduct is strictly observed by elected authorities, which highlights once again the need to guarantee a degree of autonomy enjoyed by local administrative staff in relation to elected local representatives.

This is exactly the issue at stake at this Conference, which is a logical follow-up to the Conference organised by UDITE in Siena in April 2002 and to the Siena Declaration adopted then. That Declaration, as you know, addressed such important questions as the career development of local government managers and professional statute of Chief Executive, public service ethics and a training policy tailored to new duties of local and regional staff, and – which is of particular importance – the commitment of Chief executives in local government to, and cooperation in, local policy-making as a focus for exercising their functions.

Ladies and Gentlemen,

This last point, as I said, is of particular importance because it emphasises the equal responsibility of local government management for policy-making at local and regional level, along with elected representatives. This point has always been stressed by our Congress when discussing the duties of local and regional staff, and the Congress fully supports the position of UDITE on this matter. And, I should add, as it goes for policy-making at any level of government, inasmuch as local and regional elected representatives should enjoy a degree of autonomy from central authorities, the same must apply to local and regional staff, headed by the Chief executive, vis-à-vis local and regional elected representatives.

As I said earlier, in a few minutes our expert Jacques Bouvier will make a presentation based on the preparation of study for a model of relations between these two groups, which will be key point of our discussions for these two days. While wishing all of us fruitful and constructive deliberations at this Conference, I would like to conclude by underlining once again that the Congress is fully with you in your effort to ensure the independence and efficient functioning of local staff in exercising their duties, and effort seeking, in fact, to create an optimal and balanced system of local and regional self-government involving equally both elected representatives and administrative managers, sharing their respective responsibilities.

Let us make it our joint effort for the sake of our fellow citizens, who expect from us to be guardians of effective and efficient local and regional democracy.

I wish this Conference every success.

Thank you.