Appointed for life or sloppy governance?
Good Day Readers:
Could this seemingly innocuous oversight potentially have significant repercussions? Oh, for sure the provincial government is no doubt rushing to rectify the situation especially now that it's public, but what about retroactive decisions made by agencies, boards and commissions? Couldn't an enterprising lawyer, and God knows Winnipeg has it's share, effectively argue in court a decision that went counter to their client be they an individual or group is invalid because members of the governing body had Directors with expired terms?
Best let my MLA Greg Selinger along with Justice Minister Andrew Swan know post haste.
Sincerely,
Clare L. Pieuk
premier@leg.gov.mb.ca
minjus@gov.mb.ca
__________________________________________________
Term limits ignored on paid government Boards
By Paul Turenne
Wednesday, January 11, 2012
About one-quarter of the 1,500 people who serve on provincial government Boards, Agencies and Commissions in Manitoba are doing so after their term has already expired, including every Board Member at Manitoba Public Insurance.
The information — current as of July 2011 — was contained in the Auditor General's Annual Report, which was released Wednesday.
The AG notes some Directors have served so long on their expired terms that the expired portion they served is longer than the originally appointed term. At least one director was still serving on a term that expired in 2002.
The Report states that when the AG examined the issue last summer, 90% of the members of bodies that answer to Manitoba Water Stewardship were on expired terms, while 75% of those related to Manitoba Justice were expired.
There are 200 agencies, boards and commissions (ABCs) in Manitoba, ranging from the boards of large Crown corporations to regional health authorities to quasi-judicial bodies like the Manitoba Human Rights Commission. The ABCs also include smaller, issue-specific bodies like the Manitoba Film Classification Board, the West Region Elk Management Board and the Manitoba Boxing Commission.
The ABCs' members — there are 1,558 total — are all appointed directly by the provincial government's cabinet and are paid for their time, usually a stipend for attending meetings.
Most of the positions have terms, usually two or three years, but as the AG points out, those appear to be ignored in many cases.
The AG's report notes that legislation allows members to serve expired terms until they're officially reappointed or someone else takes their place, but suggests that clause is there to allow the bodies to function without interruption in unusual circumstances, not to allow people indefinite terms.
The AG made nine recommendations, including that cabinet ensure ABC appointments are current, and that they consider capping maximum years of service.
The report notes that the government has agreed to comply with keeping appointments current, and began updating a significant number last August.
paul.turenne@sunmedia.ca
Could this seemingly innocuous oversight potentially have significant repercussions? Oh, for sure the provincial government is no doubt rushing to rectify the situation especially now that it's public, but what about retroactive decisions made by agencies, boards and commissions? Couldn't an enterprising lawyer, and God knows Winnipeg has it's share, effectively argue in court a decision that went counter to their client be they an individual or group is invalid because members of the governing body had Directors with expired terms?
Best let my MLA Greg Selinger along with Justice Minister Andrew Swan know post haste.
Sincerely,
Clare L. Pieuk
premier@leg.gov.mb.ca
minjus@gov.mb.ca
__________________________________________________
Term limits ignored on paid government Boards
By Paul Turenne
Wednesday, January 11, 2012
About one-quarter of the 1,500 people who serve on provincial government Boards, Agencies and Commissions in Manitoba are doing so after their term has already expired, including every Board Member at Manitoba Public Insurance.
The information — current as of July 2011 — was contained in the Auditor General's Annual Report, which was released Wednesday.
The AG notes some Directors have served so long on their expired terms that the expired portion they served is longer than the originally appointed term. At least one director was still serving on a term that expired in 2002.
The Report states that when the AG examined the issue last summer, 90% of the members of bodies that answer to Manitoba Water Stewardship were on expired terms, while 75% of those related to Manitoba Justice were expired.
There are 200 agencies, boards and commissions (ABCs) in Manitoba, ranging from the boards of large Crown corporations to regional health authorities to quasi-judicial bodies like the Manitoba Human Rights Commission. The ABCs also include smaller, issue-specific bodies like the Manitoba Film Classification Board, the West Region Elk Management Board and the Manitoba Boxing Commission.
The ABCs' members — there are 1,558 total — are all appointed directly by the provincial government's cabinet and are paid for their time, usually a stipend for attending meetings.
Most of the positions have terms, usually two or three years, but as the AG points out, those appear to be ignored in many cases.
The AG's report notes that legislation allows members to serve expired terms until they're officially reappointed or someone else takes their place, but suggests that clause is there to allow the bodies to function without interruption in unusual circumstances, not to allow people indefinite terms.
The AG made nine recommendations, including that cabinet ensure ABC appointments are current, and that they consider capping maximum years of service.
The report notes that the government has agreed to comply with keeping appointments current, and began updating a significant number last August.
paul.turenne@sunmedia.ca
posted by Clare L. Pieuk at 3:05 PM
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