Report on the Role of the Secretary of the Municipal Council Final Draft 17.06.2019.docx

REPORT

MUNICIPALITY SECRETARY ROLE

April 2019

Final Draft

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Urban Research Institute

Rr. “Asim Vokshi, Bld. 14, Ent. 11, Ap. 56, Tirana, Albania

Tel: +355 42 256 840

Web: www.uri.org.al

TABLE OF CONTENT

0 Introduction 3

0.1 Decentralization of Local Government 3

0.2 The Inter-Sectorial Strategy for the Decentralization and Local Governance 2015-2020 3

0.3 Relevance of the project 4

1 Regulation of the Secretary Council 6

1.1 Legislation Overview 6

1.2 Manner of implementation of the role of the Secretary Council 6

1.2.1 Survey methodology 6

1.2.2 Findings on the implementation of Council Secretary responsibilities 8

Specific cases of the implementation of Council Secretary Responsibilities 10

Small municipalities 10

Medium municipalities 11

Medium Large municipalities 12

2 Recommendations for improvement 13

2.1 Criteria’s for selection of the Secretary. 13

2.2 Terms of reference of the Secretary 13

3 International Practices 17

3.1 United Kingdom 17

3.2 North Macedonia 21

3.3 Montenegro 22

3.4 Serbia 23

3.5 Recommendation from international practices 23

4 Models for secretariats 25

5 Capacity building 38

APENDIX A: Legal Framework 40

Introduction

Decentralization of Local Government

The present state of local government is a result of the dynamics of political, economic, and social transition factors, as well as Albanian history, tradition, culture and social psychology. Though the action / impact of these factors has been twofold, and the main steps taken in favour of decentralization were largely based on centralized political objectives, all processes have been stimulating and progressive, although with varying speeds and stretches.

Local government in Albania before the 1990s was essentially a deconcentrated government with limited self-governing organs within the framework of a deeply centralized decision-making system. This government was in charge of managing the implementation of centralized and detailed economic plans for governing.

In the 1990s, the system was oriented towards a more decentralized model and autonomous local government. In August 1992, the first local government bodies were created under the then Law on Organization and Functioning of Local Government - June (1992), which at that time was a very important achievement. Some of the services and functions of direct benefit to the public were transferred to the local authorities, along with more administrative and financial autonomy. However, despite the sustainability of political autonomy, fiscal and administrative autonomy remained very limited.

Decentralization has been the focus of Government policy since 1998-1999. The first small steps were implemented mainly in the budget and fiscal fields. From these first steps, decentralization reform has progressed steadily during 1999 and 2000 based on the Constitution, the European Charter of Local Self-Governance and the Decentralization National Strategy adopted in January 2000. Law on Organization and Functioning of Local Governance, no. 8652 dated July 31, 2000 was then considered as a very important step in the actual decentralization process in Albania as one of the country's major reforms with significant influence on other reforms such as public finances, public administration, public services, education, health and social assistance.

From 2000 onwards, a series of laws were drafted, the implementation of which created special conditions for effective local governance and relative autonomy, but still with limitations compared to the first years of political transition in Albania. However, the restrictions on financial resources and discretion in resource allocation have continually limited local autonomy.

The Decentralization Reform is fully addressed in 2015 by the Cross-cutting Strategy for Decentralization and Local Governance 2015-2020 (NCSDLG). This strategy was preceded by an intensive reform of administrative-territorial consolidation by adopting Law no. 115/2014, "On the Administrative-Territorial Division of Local Government Units in the Republic of Albania", which reduced the number of local units from 373 to 61 municipalities.

The reform was catalysed by the drafting and adoption of the new Law 139/2015 "On Local Self-Governance" which further extends the scope of competencies of LGU’s. Following this, Law no. 68/2017 "On the finances of local self-government" was approved; all three of these laws have reshaped the authority of local government in the context of territorial jurisdiction, legal competence and financial resources.

The implementation of the local decentralization reform has clearly aimed at increasing the responsibilities of local government units in many public sectors, mostly services that generally acknowledge that they are more efficient when exercised by the governing level that is closer to the citizens.

The Inter-Sectorial Strategy for the Decentralization and Local Governance 2015-2020

The overall objective of the Cross-cutting Strategy for Decentralization and Local Governance 2015-2020 is: "Strengthen local governance and the decentralization process in order to ensure a higher efficiency of local government and increase financial and functional autonomy.

The implementation of the decentralization strategy has been evaluated through two Annual Reports for Monitoring dating 2016 and 2017. Recently, through the Mid-Term Review Report (MTR), the level of implementation for the first three years of NCSDLG 2015-2017 has been evaluated.

The new Law on Local Self-Governance reviewed the power of the Mayors in order to strengthen their supervisory power over the internal administration and the management of the municipality properties, as envisioned in the strategy.

The municipal council takes a greater role in monitoring and controlling the performance of the municipal administration in relation to council decisions and citizens' expectations. This legal change places the City Council's role in a new position, positioning it as the main representative body of community interests. At the same time, legal changes strengthen the elements of public accountability of advisers in the performance of their function and the prevention of corruptive phenomena frequently encountered in municipal council decision-making, defining them as subject to legislation on conflict of interest.

The second monitoring report finds that main results achieved are: establishment of the Consultative Council, as the main instrument for institutional coordination and monitoring of the decentralization reforms and strategy implementation; approval of the Law on Local Finances, aiming to increase local fiscal autonomy and effective and efficient financial management at the local level, harmonizing legislation related to public finance management, increasing transparency, accountability and local financial sustainability.

The adoption of the new law on the Prefect of the Region reviewed the role of the Prefect against the coordination of central authorities at the regional level; the role of the Prefect in monitoring the legitimacy of local government operations has been strengthened slightly (Articles 15-17); such as in the creation of Working Groups and the Task Force, mandatory participation of central and local government units to pursue national-level policies or regional emergencies.

However, according to MTR, the strategy leaves out some key issues and some outstanding issues that are very important to local government units: other interconnections that exist between decentralization and regional policy; the role of regions; national and local prerequisites for financing local / regional development or further directions for the development of the intergovernmental transfer system (mainly conditional grants).

Relevance of the project

Helvetas Swiss Intercooperation (HSI) has been awarded by SDC the mandate to implement the “Strong Municipalities (BF) program in Albania. After a territorial-administrative reform and a decentralization process implying for Albanian municipalities the management of bigger territories and enhanced functions, the project supports municipalities to improve public services adopting approaches and using tools allowing performance monitoring and citizen participation Technical support to administrations is combined with support for bottom-up participation and monitoring through municipal councils. The project also strengthens capacities of de-concentrated agencies at the regional level so that they contribute to the implementation of the decentralization policy of the central Government

The project wants to strengthen the representation and oversight function of Municipal Councils. The secretary function is identified as a driver supporting a better functioning of local councils. It’s expected that BtF strengthens secretaries of councils through upgrading the institutional framework and capacity building.

Objective(s) of the mission (or consultancy):

Provide standard and detailed terms of reference for council secretaries as well as a capacity development plan.
Provide and promote models for new organizational structures or council secretariats, including job descriptions, job requirements and estimations of operating costs.

Expected results (or Output)

Report on analysis and support already provided to council secretaries by other projects and organizations;
Report comparing council secretaries set-up in Albania with set-ups used in other countries;
Report highlighting 1) the gap existing in Albania between the legal mandate of council secretaries and their actual practice and 2) good practice developed in some municipalities. The support provided by secretaries to councils in work processes related with the municipal budget, public services and citizen participation is of particular interest
Based on gaps and best practice in Albania and what is found in other countries, the consultant proposes 1) standard and detailed terms of reference for the council secretary function and 2) a capacity building plan;
Based on the previous analysis, the consultant proposes how to upgrade council secretaries towards council secretariats including models for their organizational structure, job descriptions, job requirements and an estimation of costs for different models.
An info tool that allows the dissemination of the analysis of the consultant during the upcoming electoral campaign and an advocacy plan.

The purpose of this analysis is to make recommendations to municipalities, for the next steps to be taken to strengthen the role of municipality council secretaries.

The purpose of this consultancy and this report is to specifically give a clearer picture and an instrument that will help strengthening the role of municipality counsel secretaries, through finding and recommendations.

The implementation of recommendations coming from within Report will require an estimated analyses from the municipalities in relation to financial and human resources that will be required to meet the ongoing challenge of strengthening the role of municipality counsel secretaries.

Regulation of the Secretary Council

Legislation Overview

The Municipal Counsel Secretary is the only administrative instrument of the municipal counsel. The responsibilities and duties of the secretary are defined in the organic law 139/2015 "On Local Self-Governance", as amended.

The main responsibilities and duties as stated by this law are:

- To store, file and maintain the official documents of the council;

- To follow-up the work on a daily bases for preparing meeting materials;

- To notify the meeting of the council;

- To announce and publicise notices and acts issued by the municipal council;

- To prepare counselling sessions with the community;

- To oversee the compliance of the Council's Procedural Regulation.

In regard to his responsibility to store, file and maintain the official documents of the council, his this role should be compliant primarily with law no. 44/20151 “Administrative Procedural Code of the Republic of Albania” and law no.9154 “On Archives”;

In regard to his responsibility to announce and publicise notices and acts issued by the municipal council and prepare counselling sessions with the community, the Secretary should comply with law no 119/2014 “On the right of information”, and also on Law No. 146/2014 “On notification and public consultation”.

In regard to overseeing the compliance of the Council's Procedural Regulation the council Secretary must have thorough knowledge of the regulation.

Regardless of these duties as provided in law 139/2015, the secretary of the council is also responsible for institutional communication with other central institutions such as the Prefect and the Central Election Commission.

To diligently perform these responsibilities and duties of the Secretary should have an overall knowledge of the legal framework for each of the municipality functions. A list of the legal act needed for each LGU function to be consider while performing their responsibilities can be found in Appendix A.

Law 139/2015 also states the Municipal Council as the body who can assign more responsibilities to the Secretary.

Manner of implementation of the role of the Secretary Council

Survey methodology

Due to the large differences between municipalities concerning population scale or number of municipality councillors, this report was based on three types of municipalities

1. Small Municipalities with a max population 20,001 – 50,000 people. (Type A)

2. Medium Municipalities with population 50,000 – 100,000 people. (Type B)

3. Medium Large Municipalities with population 100,001 – 400,000 people. (Type C)

The diagnostic on the secretarial role was carried out in six miscellaneous municipalities.

1. Divjakë Municipality, as a medium size municipality where the majority of the council and the mayor have the same political affiliation.

2. Vorë Municipality, as a small size municipality where the majority of the council and the mayor have the same political affiliation.

3. Berat Municipality, as a medium size municipality where the majority of the council and the mayor have the different political affiliation.

4. Kukës Municipality, as a medium size municipality where the council does not have a defined political affiliation.

5. Vlorë Municipality, as a medium large size municipality where the majority of the council and the mayor have the same political affiliation.

6. Shkodër Municipality, as a medium large size municipality where the majority of the council and the mayor have the same political affiliation.

Findings on the implementation of Council Secretary responsibilities

The main administrative instrument for the functioning of the municipality councils is the Secretary of the council. All responsibility for initiating, organizing and running municipal council meetings depends on his/her activity. Despite that some municipal councils have adopted a Council Regulation, they still do not have the detailed job description for the Secretary. He/she must interact, manage and be a liaison between:

- Local executive power (the Mayor) and local decision-making power (Municipal Council);

- The Municipal Council and the local administration;

- The Council and the community structures (village headquarters, community liaison, neighbourhood administrator, etc.);

- The Council and the citizens themselves;

- The Council and Regional Council;

- The Council and central government bodies (i.e. Prefect, Central Election Commission etc.);

- The Council and various interest groups (i.e. NGO domestic and foreign, businesses);

- The Council and political parties;

- manage information necessary for the implementation of Councillors’ duties.

Based on the information obtained from municipalities’, council secretaries and various local government stakeholders we have an overall picture of the current situation in Albania.

Organization Chart of the main involved stakeholders with the Secretary Council

The overall situation regarding councils in general and in particular the role of the secretary of the council is far from the requirements of the law and of the by-laws.

Some municipalities though their internal regulation procedure have made attempts to further define the role and responsibilities of secretaries, and also appoint him other responsibilities to make his role more pro-active in helping the implementation of municipality responsibilities. In some cases he is more than just a secretary, he is one of the generator of ideas, as the mechanism near the community, municipality council and the mayor.

Tirana municipality is the first municipality who has founded a Secretariat, with a total of 7 employees, including the Secretary, and has also approved an independent budget for the implementation of the municipal council functions making the provision of law 139/2015, sustainably applicable. Also Vlora municipality has approved a small independent budget only for the logistics.

Irrespective in most municipalities the role of secretaries it is presented as limited only in the provision defined by law 139/2015. Usually the Secretariat duties are being performed usually just by a single person, without an assistant. Given the wide-range and time consuming activities that the Secretaries have to implement these activities have been perceived as not manageable by a single person.

Most municipalities Councils are dependant from the mayor given that all their needed expenses are approved by him. These dependence is envisaged given that an independent budget for the implementation of the municipal council functions making is usually missing.

In contrast to the provision of law 139/2015 in some municipalities the Secretary is perceived as an instrument under the direct influence of the mayor. This influence is perceived in most of municipalities given that the only mechanism to facilitate his duties are provided from the mayor, such as temporary assistant, archiving help, logistic tools, consultancy etc..

Even though secretaries in most municipalities are performing only these responsibilities and duties there have been envisaged some problems mostly related to the lack of uniformity in the way the secretaries’ store, file and maintain the official documents of the council and the lack of tools to perform this function. It is observed that the secretaries are missing essential tools like electronic registering of council meetings, storage tools and other logistics. Also there have been identified problems in the manner the secretaries notify the meeting of the council and announce and publicise notices and acts issued by the municipal councils. These problems, without considering the human factor, are conditioned from the lack of tools (electronic or other logistics). Based on the above-mentioned tasks, the secretary of the council currently covers in most cases only transcribes the decisions and sometimes those decisions are legally formulated incorrectly, and constitute legal precedents for Non-Confirmation. Also the announcement of the publication of normative acts of the council is not done properly. The Secretary do not manage dedicated web sites for the municipal council.

The Secretary Job description are usually not defined, in this aspect it might be risky to appoint a Secretary without proper education and qualifications, resulting in slow and ineffective implementation of the duties. Also considering the human factor there are not any law provision for imposing penalties to the Secretaries in case of administrative non fulfilment.

In regard to the Secretary duties as defined by law no 119/2014 “On the right of information”, and also on Law No. 146/2014 “On notification and public consultation”, these duties are perceived only as formal and in most cases are not carried out by him, but from the municipal administration departments. There is no regulation for regulating the community counselling sessions required by Article 54 & 18 of Law No.139 / 2015. Also in relation to this topic the Secretary of the council as a single person in charge has no time to follow all the steps required by the law. In some council meetings are not allowed the participation of citizens. The secretary not only do not care to organize and facilitate community participation, but he tries to keep meeting closed.

Even though the decentralization reform has been implemented since 2015, most of municipality councils have not updated their internal regulation procedures. The state in most councils is that they are performing with old (out of date) regulations still referring to the previous law 8652/2000.

Law 139/2015 requires that municipal councils to adopt regulations and to set performance indicators for all LGU functions, this is not done in municipalities throughout Albania. The role of the Secretary as the executive administrative tool necessary to be utilised for the implementation of this requirement. From this desk research it is not been envisaged any attempt to plan, organize or define his role in this requirement.

Community structures, comprising village headquarters, community liaison and neighbourhood administrator are not yet established in most of municipalities, and in few cases where they are established they are not sufficiently effective in regard to supplying information on concerns of the represented local community.

Another gap in implementation is the lack of specific definition of Secretary Duties. One problem faced by secretaries is the question of to whom they are directly responsible. As municipal secretaries are appointed and are removable by the municipal council, the secretary is responsible directly to and takes orders only from it. The problem arises how to perform a given duty, when orders are not given in a specific defined way. In many cases the Secretary depending on the topic counsels with the respective administrative department head, but who, then, has the authority to give direction when the order might be perceived ambiguous or even contrary with two or more department understanding. It is perceived that in these cases, usually the Mayor gives directions to solve the conflict.

Another issue is the question of who supervises the Secretary’s work. In none of the municipalities there is a defined procedure for the supervision of work and performance evaluation of the Secretary. Most commonly, secretaries respond to whom has proposed for their employment; this may be the mayor in case the majority of the council has the same political affiliation with the latter. In addition the municipal regulation does not contain any provision on imposing penalties for violation of duty or failure to perform responsibilities by the Secretary.

Notifying the meeting of the council and announcing and publicising notices and acts issued by the municipal council through media varies across municipalities. This is due to the lack of a municipal council budget. Under these conditions in order ti fulfil media coverage, the Secretary is dependable on the mayor to make use of the resources contracted by the administration of the municipality for media coverage, such as the webpage of the municipality, live media coverage of the meetings, posters and other relevant media tools.

In the municipal council meeting often there are raised up issues about the procedural way these meetings are conducted. The municipal council conduct these meeting obey to the provision of law no. 44/20151 “Administrative Procedural Code of the Republic of Albania” and law no.9154 “On Archives”. The provision of these laws often have not foreseen specific procedures, resulting in misperception, confusion of the councillors’ and the Secretaries. In our understanding the municipal council should define through their internal regulation some procedural provision. In this context can be taken into account law no 8480, date 27.5.1999 “For the Functioning of Collective Bodies of State Administration and Public Entities.

Specific cases of the implementation of Council Secretary Responsibilities

Small municipalities

Small municipalities’ councils have not updated their internal regulation procedures they are performing with old (out of date) regulations still referring to the previous law 8652/2000. Also in regard to other responsibilities related to the role of the Secretary, such as the announcement and publicising notices and acts issued by the municipal council and preparation on counselling sessions with the community the old regulation are not defining any specifics. This lack of regulations minimize the role of the Secretary of the Council, as just a routine clerk.

The Secretary Job description is not defined, in this aspect it might be risky to appoint a Secretary without proper education and qualifications, resulting in slow and ineffective implementation of the duties.

Small municipalities’ councils are dependant from the mayor given that all their needed expenses are approved by him. These dependence is envisaged given that an independent budget for the implementation of the municipal council functions making is missing. In contrast to the provision of law 139/2015 the Secretary is perceived as an instrument under the direct influence of the mayor. This influence is perceived in most of municipalities given that the only mechanism to facilitate his duties are provided from the mayor, such as temporary assistant, archiving help, logistic tools, consultancy etc…

It is observed that, whenever the mayor and the majority of the municipal council are politically affiliated to the same party, and also the Secretary is selected by this majority, the latter is more effective in fulfilling his legal duties and responsibilities; in these cases the mayor facilitates the role of the Secretary, providing assistance for noting the minutes of council meetings, archiving, logistic, consultancy from municipal administration, organization of public consultations, web publication of the decisions, media coverage etc. Otherwise, where the political affiliation is different or not defined, the Secretary faces difficulties to comply with law 139/2015 requirements, usually related to the lack of tools.

In regard to the Secretary duties as defined by law no 119/2014 “On the right of information”, and also on Law No. 146/2014 “On notification and public consultation”, these duties are perceived only as formal and in most cases are not carried out by him, but from the municipal administration departments. There is no regulation for regulating the community counselling sessions required by Article 54 & 18 of Law No.139 / 2015. Also in relation to this topic the Secretary of the council as a single person in charge has no time to follow all the steps required by the law.

The Secretary in small municipalities is performing only the responsibilities and duties as defined by law 139/2015.

There have been observed that the secretaries are missing essential tools like electronic registering of council meetings, storage tools and other logistics. In addition there have been identified lack of flexibility in the manner the secretaries notify the meeting of the council and delivery of the agenda for municipal council meeting. The notification is delivered only in hardcopy. Based on the above-mentioned tasks, the secretary of the council currently covers in most cases only transcribes the decisions and sometimes those decisions are legally formulated incorrectly, and constitute legal precedents for Non-Confirmation. The Secretary do not manage dedicated web sites for the municipal council.

Medium municipalities

Some medium size municipalities though their internal regulation procedure have made attempts to further define the role and responsibilities of secretaries. In some cases he is more than just a secretary, he is one of the generator of ideas, as the mechanism near the community, municipality council and the mayor. Although the extent of his responsibilities and duties, are not defined.

In most municipalities the role of the Secretary is presented as limited only in the provision defined by law 139/2015. The Secretary duties are being performed usually just by a single person, without an assistant.

Medium size municipalities’ councils are dependant from the mayor given that all their needed expenses are approved by him. These dependence is envisaged given that an independent budget for the implementation of the municipal council functions making is missing.

In some municipalities the Secretary is perceived as an instrument under the direct influence of the mayor. This influence is perceived in most of municipalities given that the only mechanism to facilitate his duties are provided from the mayor, such as temporary assistant, archiving help, logistic tools, consultancy etc.. The Secretary is missing essential tools like electronic registering of council meetings, storage tools and other logistics. Also there have been identified problems in the manner the secretaries notify the meeting of the council and announce and publicise notices and acts issued by the municipal councils. These problems are conditioned from the lack of tools (electronic or other logistics).

The lack of part-time assistance for noting the minutes of council meetings, archiving, logistic, consultancy from municipal administration, organization of public consultations, web publication of the decisions, media coverage etc. proves to be a major disadvantage for the completion of the Secretary’s duties and responsibilities.

Medium Large municipalities

Medium large size municipalities though their internal regulation procedure have defined the role and responsibilities of secretaries. Usually he is more than just a secretary, he is one of the generator of ideas, as the mechanism near the community, municipality council and the mayor, the council appoints him other responsibilities to make his role more pro-active in helping the implementation of municipality responsibilities. Although the extent of his responsibilities and duties, are not defined. The Secretaries usually have been appointed as member of law commission and other commission constituted by the Council.

Medium Large size municipalities’ councils are dependant from the mayor given that all their needed expenses are approved by him. These dependence is envisaged given that an independent budget for the implementation of the municipal council functions making is missing. Vlora municipality has approved a small independent budget only for the logistics.

The Secretary is perceived as an instrument under the direct influence of the mayor. This influence is perceived in most of municipalities given that the only mechanism to facilitate his duties are provided from the mayor, such as temporary assistant, archiving help, logistic tools, consultancy etc.. Even in medium large municipalities the Secretary is missing essential tools like electronic registering of council meetings, storage tools and other logistics. Also there have been identified problems in the manner the secretaries notify the meeting of the council and announce and publicise notices and acts issued by the municipal councils. These problems are conditioned from the lack of tools (electronic or other logistics).

Recommendations for improvement

Institutional buildingCriteria’s for selection of the Secretary.

Secretaries are appointed by the municipal council for indefinite terms and serve at the pleasure of the municipal council, as public officers not under civil service, may be dismissed by the governing body for any reason and at any time.

To be selected as a Secretary of a municipal council in general terms for all kind of municipalities, the Secretary it is recommended that he/she should possess the following qualifications and attributes:

Resident of the municipality;
Hold a master degree in law (public administration or civil rights) , finance, public administration or related fields;
Minimum 3 years of experience in law (public administration or civil rights) , finance, public administration or related fields;
Thorough knowledge of law 139/2015 “On Local Self Governance” and law no. 44/20151 “Administrative Procedural Code of the Republic of Albania” and law 68/2017 “On Local Self Governance Finances”;
Very good communication and interpersonal skills;
Very good analytic and critical thinking;
Good computer skills (knowledge of MS Office Programs);

Preferred requirements:

Experience in municipal administration as a head of a department and/or experience as counsellor of a municipality;
Knowledge of state policies and strategies related to LGU’s;
Knowledge of local urban planning;
Knowledge of a foreign language (English or other EU language);
Knowledge of local government financing system;
Knowledge of local community concerns.

Incompatible position

It is recommended that the municipal council under its authority to declare by their internal regulation what offices are incompatible with position of the Secretary.

The function of the Secretary it is recommended to be is incompatible with:

- The function of the mayor, deputy mayor, counsellor of the mayor;

- The function of municipal administration servant and of dependent institutions;

- The function of a parliamentarian;

- Any function in political parties;

- The function of the Minister;

- Holding the status of civil servant;

The Secretary may not be related to the mayor or any counsellor of the municipal council as: spouses, parents or child, brother, sister, father-in-law and mother-in-law of bride and groom.

Terms of reference of the Secretary

Preparing for meetings

Municipal Secretary hold the responsibility for preparing regular and special meetings of the municipal council. This includes collecting and preparing materials for councillors as well as notifying and delivering the agenda and the material related.

Collecting materials

To fulfil this duty the Secretary interacts, manages and is a liaison with the mayor and municipal administration for the proposed matters to be consulted in the council meetings. He/she interacts with citizens, NGOs, businesses, community structures for concerns necessary to be consulted in the council meetings. Also he interacts with the prefect’s office and Central Election commission in regard to the legal compliance of municipal decisions and in relation to counsellor mandates, respectively.

Preparing materials

To fulfil this duty the Secretary through a set of logistic tools such as digital and hardcopy prepares the agenda and the materials related to it. The deliverables will be a hardcopy set of the agenda and the materials relates and also a electronic set of the agenda and materials related.

Notifying the council meeting

To fulfil this duty the secretary through a set of logistic tools such as digital and hardcopy prepares the notification. He/she posts a hardcopy notification of the council meetings in the municipality and all administrative units of the municipality information boards. He/she makes use of electronic tools to notify the council meeting, primarily e-mails to counsellors, mayor and municipality heads of departments, local media, NGOs; updates the webpage of the municipality and/or council with the notice of the meetings; makes contact with local media for publicising the notification; he/she optionally uses social media such as a Facebook and/or Instagram page of the council to notify the meetings.

Delivering the agenda

To fulfil this duty the Secretary contact directly with every counsellor to inform about the meeting date and time, agenda and materials related. He/she should be able to make a summary of the topics of the meeting to every councillor.

Holding meetings

The role of the Secretary during the meeting should be confined to the aide and recorder for the municipal council minutes of meeting, to overseeing the compliance of the council's procedural regulation, taking care of ministerial aspects of meeting preparation.

Ministerial aspects of meeting preparation

Although the mayor is responsible for arranging and holding the council meetings, the Secretary may assume some of this responsibility based on his position as a representative of the council. Checks can include last-minute contact with counsellors, Chairman of the Council, municipal committees’ administrative officers, last-minute checks on the arrangement of records and documents, testing recorders or microphones, heat and lighting, providing logistics for the councillors and accommodation for the public.

Aide and recorder for the municipal council minutes of meeting

The main duty of the Secretary lies in recording the minutes of meeting; in this duty he/she should be aided by an assistant and/or by electronic devices so there is not any issues and loose of information. The Secretary should ensure the accuracy of the minutes as essential for the validation of the municipal decisions.

Observe the compliance of the council's procedural regulation during the meeting

The observance of the council’s procedural regulation is one of the most import for the ongoing of the meeting, for any infringement of the regulation by any counsellor or any other participant the Secretary should immediately notify the Chairman of the Council.

Actions after the meeting

Although much activity is compressed into the last days prior to the meeting, many preparations should be made as early as the conclusion of the previous meeting.

Distribution of Minutes

The minutes of the council meeting should be prepared and distributed as soon as possible since they contain orders for actions affecting the next meeting. Early distribution ensures prompt circulation of orders or directions to appropriate officials and employees. It also gives the councillors an early opportunity to check the accuracy of the minutes.

The Secretary may distribute the minutes to the media or public should be made only after official approval.

Preparing and follow up a checklist of orders and/or actions

Based on the information in the minutes, the secretary should prepare a checklist of orders or actions to be taken from municipal administration and reports at the next meeting on their status/progress of implementation.

Other responsibilities

Besides organizing the Council meeting, the Secretary has other responsibilities to be fulfilled in between the meetings. He/she represents the Council in the period between the meetings, as the only (or the leading of) administrative staff of the Council.

Relationship with the community

The Secretary should comply with law no 119/2014 “On the right of information”. As citizens ask for documents and information about the decisions of the Council, the Secretary is the person to respond and inform them, respecting the law. He/she should respond to them in time, in a proper way and also use all the manners to secure the transparency of the council decisions. As the Council is a supervising structure for the executive, the citizens ask for the support of the Council when they think their rights are violated. The Secretary should be the guaranty of addressing citizen’s concerns to the council. Based to the Law 139/2015, the Secretary should also take care of the civic initiative for council decision making.

Public consultation

The Secretary should comply with the Law No. 146/2014 “On notification and public consultation” in preparing counselling sessions with the community. A lot of council decisions need to be consulted with the community before being presented to the council meeting for approval. Notifying and organizing public consultation meetings, creating and maintaining the public consultation register, keeping procès-verbal for each meetings, presenting in the council meetings all the proposals and opinions coming from the groups of interests and community and even informing the community for what was taken in consideration from their proposals and what is not, are tasks of the Secretary as he/she represents the administrative structure of the council.

Inter- institutional relations

On behalf of the Municipal Council, the Secretary has to maintain the institutional relationship between the council and other institutions as Prefect, Regional Council, deconcentrated agencies, Ministries, Central Election Commission and other institutions. The Law 139/2015 defines the exclusive competences of the council and the Secretary should insure direct institutional relationship and not through the executive.

Supervising the work of the administration

Municipal council has a decisive role in monitoring the activity of the executive. The decisions of the Council are mandatory to the administration, which has to report periodically to the Council. The monitoring and evaluation of the executive is not to be done based only to the reports presented by the administration. The Council should use all its instruments and the Secretary has the main role in such process. Monitoring the implementation of the council decisions, asking for information from the administration, getting citizen’s opinion and preparing reports for the council, are some other tasks of the Secretary which should be taken seriously.

International Practices

United Kingdom

The first and main difference, lies in the fact that in Britain the Council has both legislative and executive powers, while in Albania it has only a legislative function - the executive functions are carried out by the Municipality administration led by the Mayor, who are in reality the real decision-makers.

The second difference has to do with the role of the Councillors. In Albania Councillors’ role is limited to approve or reject decisions coming from the Municipality administration. Whereas in Britain the Councillors are in the composition of the top decision-making executive body of the Council, which is the Cabinet. All Cabinet members, including the Leader of the Council, who is the top person of the Council, are Councillors. Furthermore, the whole management structure below, which carries out day to day administrative and managerial functions, including the directors and head of divisions, report and are responsible to the Cabinet. Therefore, Councillors have not only legislative power through the Council and Committee meetings, but they are also in charge and involved in setting up, formulation and execution of Council’s decisions.

The third difference is in the role of the Mayor.

In Britain, the Mayor:

Is a Councillor; he is not elected separately from the Councillors; he is one of the Councillors, who, in the first Annual General Meeting, in May, is elected as a Mayor.
Serves only a one-year term, from the one AGM to the next in May, which is called the Municipal Year.
Is the Chair of the Council, the first before the equals, with the other Councillors.
Has mostly an honorific role, as he spends most of his time on PR civic functions, being the front face of the Council.
Is supposed to be politically neutral.

In Albania, the Mayor:

Is elected through a majoritarian “first past the post” type of election, while the Councillors are elected separately through a proportional election.
Serves a four-year term.
Is the Head of the Executive.
Is very political.

The fourth difference is in the balance of power between the Mayor and the Leader of the Council. In Britain the Leader of the Council is over the Mayor. This is for two reasons: firstly because the Leader is the top decision-maker and executive person of the Council and secondly because he is selected by the party which wins the elections, so he represents the party in power. The Leader runs the Council, whereas the Mayor chairs the meetings and spends most of his time on PR civic functions.

The types of councils vary across the four parts of the UK, i.e. England, Wales, Scotland and Northern Ireland. In some parts of the country, there is just one (unitary) tier of local government providing all the local services, while in others may be two or more. In England for instance there are five types of local authority: county councils, district councils, unitary authorities, metropolitan districts and London boroughs, 353 councils in total.^[1] In both Wales and Scotland there are usually two or three tiers of local government providing all local government services. In Northern Ireland there are elected local borough, city and district councils. Despite the differences, the main types of tiers of local government are as follows.

I. Clerk of the Council

1.1. The term and function in the Past and Present

The title "Clerk" developed from the Latin clericus. During the Middle Ages, when scholarship and writing were limited to the clergy, “clerk” came to mean a scholar, especially one who could read, write, and thus serve as secretary, accountant and recorder. In 1439, the office of "Town Clerk" was awarded in Coventry, and the position became commonplace as local government developed throughout England and Wales. In 1835 the Municipal Corporations Act required every borough council to appoint a salaried Town Clerk. The position of Clerk was further consolidated by the Local Government Acts of 1888 and 1894 the County Councils were granted the specific power to appoint a “Clerk of the Council”.^[2]

By the early 1970s there was a significant change in the theory of local government’s managerial leadership. Many larger councils, as County or City Councils, started to enlarge their structures into big and complicated ones, employ big number of staff and subsequently operating with corporate management rules. As a result, the position of “Clerk” began to be replaced with that of a “Chief Executive”.^[3] The new structure of Local Government started recommending specific managerial appointments who would serve under in a management team under the leadership of a Chief Executive or a Managing Director.

Not only the big County and Unitary Councils, but even the small Parish, Community and Town Councils have increased immeasurably after the 1970’s. Their role and functions have been enhanced and many such local councils have budgets running into millions and employ many staff. The chief officers of such councils often feel the title Clerk does not properly reflect their important managerial role. As a result, there is a growing use of other titles such as “Council Manager” and “Executive Officer”. In 2011 the Society of Local Council Clerks (SLCC) surveyed its members on the subject and their views were very mixed.^[4] 51% of respondents wanted a change in title and just under half of them wanted it to be “Council Manager”. However, 32% of replies felt the title was an historic and honourable one and should be left alone. A further 17% wanted to keep the title, but felt that more work should be done to improve the image it portrays. Faced with this response, SLCC has concluded that there was insufficient mandate to effect a change at the present time.

1.2. Clerk’s duties and responsibilities

The Clerk to the Council will be the Proper Officer of the Council and as such is under a statutory duty to carry out all the functions, and in particular to serve or issue all the notifications required by law of a local authority's Proper Officer.^[5]

The role of Clerk is to ensure that the Council as a whole conducts its business properly and to provide independent, objective and professional advice and support.

The Council’s Clerk is one of the most useful resources of the Town Council. He executes day-to-day duties of the Council. The clerk is not just a secretary. He is not at the beck and call of the chair or other Councillors; the Clerk is answerable only to the Council as a whole. The Clerk may have to act as a project manager, personnel director, public relations officer or finance administrator.^[6] Legally, Councils can agree to delegate decisions to Clerks, because they are professional officers, whose independence allows them to act on behalf of the Council. The best councils will have a clerk and councillors who work as a team to serve the community.

1.2.1. Overall Responsibilities:^[7]

The Clerk will be totally responsible for ensuring that the instructions of the Council in connection with its function as a Local Authority are carried out.

The Clerk is expected to advise the Council on, and assist in the formation of, overall policies to be followed in respect of the Authority's activities and in particular to produce all the information required for making effective decisions and to implement constructively all decisions.

The Clerk will be accountable to the Council for the effective management of all its resources and employees and will report to them as and when required. The Clerk may also be the Responsible Financial Officer and therefore responsible for all financial records of the Council and the careful administration of its finances.

1.2.2. Specific Responsibilities:^[8]

- To ensure that the Council is run correctly and according to the standing orders (a set of rules drawn up by each Council, using a national template as a guide, but adapting it to suit each individual councils circumstances).

- To ensure all the Council’s decision are within the framework of the Council and the local government law.

- To ensure that statutory and other provisions governing or affecting the running of the Council are observed.

- To carry out the decisions of the Council and to see any works are carried out, as agreed by the Council.

- To maintain all Council records, deeds, leases contracts and other legal or confidential documentation in a safe and secure manner.

- To maintain such records and systems as are necessary for the effective administration of the affairs of the Council.

- To ensure the confidentiality of those Council matters which are not in the public domain; to ensure compliance with the Data Protection and Freedom of Information Acts.

- To supervise any other members of staff as their line manager, in keeping with the policies of the Council and to undertake all necessary activities in connection with the management of salaries, conditions of employment and performance of other staff.

- If appointed as RFO: to manage the finances of the Council including, the preparation of annual budgets; the monitoring and balancing of the Council's accounts; the maintenance of all records including, those for audit, VAT and income tax purposes; the processing and issuing of invoices; receipt of payments due to the Council; payment of wages and statutory deduction schemes; implementation of systems of internal financial control.

- If not appointed as RFO: to monitor the performance of a designated RFO.

- To receive and report in respect of goods and services to be paid for by the Council and to ensure such accounts are met in accordance with the policies of the Council.

- To manage the Council's tendering procedure and award of contracts, ensuring that the procedures followed are strictly in accordance with the Standing Orders of the Council and its Financial Regulations.

- To ensure that the Council's obligations for risk management, including risk assessment are properly met and where necessary risks are properly insured.

- To prepare, in consultation with appropriate members, agendas for meetings of the Council and Committees. The Councilors may ask the clerk to add items to the agenda, if they feel a relevant subject should be discussed.

- To schedule the meetings of the Council and Committees. To notify attendees on the meeting's time and venue.

- To attend such meetings and prepare minutes for approval, other than where such duties have been delegated to another officer, f.e. the minuting secretary. The minutes should be accurate and therefore the minutes of the last meeting are confirmed and signed at the start of the next meeting. It is a good idea if the minutes record clearly the actions to be taken following the meeting.

- To receive correspondence and documents on behalf of the Council and to deal with the correspondence or documents, or bring such items to the attention of the Council; to issue correspondence as a result of instructions of, or the known policy of the Council.

- To evaluate reports and other data on activities of the Council and on matters bearing on those activities. Where appropriate, to discuss such matters with administrators and specialists in particular fields and to produce reports for circulation and discussion by the Council.

- To advise the Council on the practicability of its proposals: to draw up details of, and manage, ad hoc projects requested by the Council, drawing on appropriate expertise as required: to advise the Council of the implications of policies.

- To monitor the implemented policies of the Council to ensure they are achieving the desired result and where appropriate suggest modifications.

- To act as a representative of the Council as required.

- To build effective relationships with the public, other local authorities and outside bodies and organizations including the media, and to respond to their enquiries.

- To prepare in consultation with the Chairman and to ensure compliance against liability and litigation, press releases and response to enquiries from the media about the activities and decisions of the Council.

- To promote the Council through its website and to ensure information is regularly and accurately updated.

- To attend training courses or seminars on the work and role of the Clerk, as required by the Council.

- To continue to acquire the necessary professional knowledge required for the efficient management of the affairs of the Council; suggested membership of the Society of Local Council Clerks is recommended, but not requisite.

- To attend the Conference of the National Association of Local Councils, Society of Local Council Clerk's, and other relevant bodies, as a representative of the Council as required.

- To prepare quarterly performance reviews to be monitored by the Council’s Staffing Committee.

- To prepare and conduct annual Appraisals of other employees in conjunction with the Council’s Staffing Committee.

- To act as Company Secretary to the Groby CIC and to ensure that the Annual Return and associated documents are completed and filed at Companies House.

- Any other duties commensurate with the post, as notified and agreed by Council.

1.2.3. The tasks and responsibilities to the Councilors:^[9]

- To introduce new Councillors to the work and procedures of the Council: the Clerk, perhaps co-ordinating with the Chair, is often in a good position to carry out induction.

- To give a copy of “The Good Councillor’s Guide for Community and Town Councillors” to all new Councillors - this important document must be read by Councillors to observe their Code of Conduct.^[10]

- To support Councillors in their duties.

- To act as source for information and advice for all Councillors.

- To receive information from other bodies and keep Councillors up-to-date.

- To provide administrative support to the Councillors.

- To ensure compliance with relevant regulations.

- To ensure the Councillors attend the Council meeting: the Councillors, who for certain reasons, are unable to attend, they should contact the Clerk with an apology and explanation. Also if Councillors need to leave during a Council meeting they should always warn the Clerk and Chair beforehand.

- To deal with certain disciplinary duties when Councillors step out of line.

II. The eligibility and appointment of a Council Clerk

The Council’s Clerk is a civil servant, but trained in local government law and council administration. Hence, the Clerk is not elected, but employed by the Council.^[11]

2.1. Who appoints the Clerk?

The body in charge for appointing the Clerk and other administrative staff of the Council is the “Staffing Committee”. It exists to provide effective and professional staff management of all matters related to the employees of the Town Council. The SC comprises the following members:

A certain number of Councillors, to be elected at the Annual Meeting of the Town Council.
Two ex-officio members: the Mayor and Deputy Mayor.^[12]
Immediate past Mayor.

The SC carries out the recruitment and selection process of the Clerk and refers recommendation to full council for approval.^[13] More specifically:

Reviews job descriptions and person specifications
Recruits and short lists applicants for the post of Clerk/RFO.
Interviews the successful short listed applicants
Submits recommendation to full Council to ratify the appointment of the Clerk/RFO
If approved, the Council employs the Clerk/RFO.

Whereas in big councils, the body in charge for appointment of the Chief Executive and other directors or CDOs is the “Appointment Committee”. Its membership will be varied to comprise the Leader of the Council or their nominees and three other members to be nominated by the relevant Cabinet members.

2. 2. Who is eligible to be a Clerk?

Employment requirements for Councils’ Clerks vary by council. This career is suitable for professionals with a background in records management or public administration. Effective clerks must possess strong record-keeping and organizations skills, among others. Although a person may have a vast clerical experience, having a degree in records management, law, business or public administration enhances the chances of getting employed.^[14]

After being employed as clerks, they are required to continue their qualifications. Continuing Professional Development (CPD) is the process by which employees can track, record and plan learning. There are two nationally recognised qualifications, tailored precisely to the needs of the council sector and essential for all clerks and aspiring clerks. The Level 3 qualification requires candidates to complete an online portfolio of explanations and annotated documents relevant to their work. The Society of Local Council Clerks then provides higher education qualifications in Community Governance validated by a recognised university at Levels 4 and 5. These advanced qualifications are suitable for clerks, officers and councillors.^[15]

Clerks should be paid (as a minimum) according to the recommendations agreed by the National Association of Local Councils and the Society of Local Council Clerks.

The Clerk (and the Council) benefit if the Clerk is a member of the Society of Local Council Clerks (SLCC). The Society is the organisation that provides advice (legal, financial and other), support and training for clerks. It provides an online training course and considerable support and guidance from the clerks’ network. The Council is strongly advised to pay the Clerk’s subscription to the SLCC.

The clerks are supposed to read “Arnold-Baker on Local Council Administration” by Paul Clayden.^[16] It is essential that the Council has a copy of this valuable book, often known as the ‘Clerk’s Bible’, as it gives thorough advice and extracts from relevant legislation. Also is advisable the clerks to be enrolled in “The Clerk”, the journal of the Society of Local Council Clerks, which is published every two months both in print and online.

North Macedonia

One of the international practices observed that should be taken into consideration of this report is the Gostivar Commune in the North Macedonia.

The Municipal Council is not strong enough, not really independent and has no power to monitor the Mayor and the work of the administration. In contrary, the Mayor has a lot of power, leading the administration, having under control the Council, appointing the Municipal Secretary and even playing the role of the prefect as well by defining the legality of the council decisions.

In this practice the Secretary is appointed by the mayor and is an ally and important support in management of the municipality.

The Secretary of the Municipality/Chief of Administration answers before the Mayor and has the main duties and responsibilities in relation to ensure efficient and effective work of the municipal administration and the unification of the work of the administration and the support of the work of the Mayor.

Main responsibilities:

- Unifies the work of the municipal administration and supports the work of the Mayor;

- Provides guidance for the work of the leading civil servants;

- Takes care of the organizations and working conditions, functioning and methods of work of the municipal administration and standardization of working procedures;

- Takes care of the regularity and updating of the work on the subjects and the performance of administrative work in the municipal administration and the implementation of decisions, conclusions, guidelines and instructions of the mayor;

- Coordinates the preparation of municipal materials and strategic documents (strategic plan, work program, program for professional improvement, work report, etc.);

- Provides advice on issues related to the representation of the municipality within the HRDC and the public, and provides proposals for the functioning and advancement of the work of the municipality,

- Proposes materials for review from the Municipal Council;

- Directly cooperates with secretaries in central and local government bodies, local and international organizations and civil sector representatives, especially in the context of providing free access to public information.

- Participates in the work of the working bodies of the Municipal Council.

- Performs other work that the Mayor will entrust to him.

In this practices we can envisage a detailed Job Description as follows:

The secretary is appointed from the ranks of state-run civil servants with completed superior education and at least 3 years of work experience in head of state service or except as secretary may be appointed the person employed in the public administration with superior completed education, three years’ work experience in working place and a state exam.

Requirements:

- Work with computers;

- Knowledge of English or any other EU language;

- Leadership and organizational skills;

- Skills for analytical work;

- Ability to team work;

- Conflict resolution skills;

In contrast to Albania, the North Macedonia practice specifically assign a dedicated budget for the council functioning.

Montenegro

The local government structures in Montenegro might be a good example for Albania, especially for the criteria and procedures for appointing and dismissing the Assembly Secretary.

Based to the law, in Montenegro the municipal bodies are the municipal assembly (Council) and the president (Mayor) of municipality. The assembly is the representative body of citizens of a municipality and it is elected for a period of 4 years. The president of municipality is the executive powers in the municipality. He is direct elected for a period of 5 years.

Similar to the Albanian structures, the Assembly appoints the Assembly Secretary. Based to the Article 55 of the Law for Self Government, “the assembly may have a secretary responsible for conducting technical and other affairs related to convening and holding sessions of the assembly and its working bodies, as well as for conducting other affairs defined by the municipal charter and other regulations. The assembly shall appoint its secretary at the chairperson’s proposal”.

In addition to this, the law is defining the criteria and the procedures for appointment and dismissal of the secretary. The provisions of this Law referring to the status of the chief administrator shall be accordingly applied to terms for appointment and dismissal of Assembly Secretary.

The procedure (based on a public advertisement) and criteria for appointing the Assembly Secretary (equal to chief administrator) are defined in the low, referring the Article 75, which expresses it clearly that the Assembly Secretary shall be appointed and dismissed by president of municipality, with assembly’s approval. The Assembly Secretary shall be appointed on the basis of a public advertisement. Any person who graduated from the faculty of law, passed the professional exam for work in administration bodies and has at least five-year working experience may be appointed Assembly Secretary.

Procedures for dismissing the Assembly Secretary are defined in Article 76, limiting the dismissal only in case when he/she does not perform his/her duties in accordance with the law. In this case, during the dismissal procedure, the Assembly Secretary shall be entitled to express his/her view on reasons for the dismissal at assembly’s session.

Serbia

The structure of the local government in Serbia is similar to the one in Albania. The Municipal Council has also the position of the Council Secretary with the same functions and the same role as the one in Albania. The Article 36 defines the responsibilities of the Council and one of them (point 10) is to appoint and dismiss the secretary of the municipal assembly.

The duties and responsibilities of the Secretary are defined in Article 44 of the Law, similar to the role of the Council Secretary in Albania: “The assembly of the municipality shall have a secretary to manage professional affairs related to convention and holding of the assembly and its working bodies and manages administrative affairs connected with the work of the assembly”.

The secretary of the assembly in Serbia is appointed following the proposal of the municipal assembly chairman for a period of four years and may be re-appointed. The municipal assembly may dismiss the secretary before the expiry of the mandate, following the proposal of the assembly chairman.

This is all that the law defines and from the first view the situation looks similar to Albania. Following the law, an important element in the functioning of the Municipalities in Serbia, is the Municipal Statute. Each municipality has the obligation to adopt a Municipal Statute (Article 36, point 1).

The Municipal Statute is the basic legal document of the Municipality. The statute regulates in particular: the rights and duties of the municipalities and the manner of their implementation, the number of the committee members of the assembly, the organization and work of the municipal organs, the manner in which citizens shall direct affairs within the jurisdiction of the municipalities, the establishment, tasks and forms of local self-government, the conditions for launching civil initiatives and other issues significant for the local governance. The municipalities in Serbia have different statutes, detailing so all the tasks, functions and procedures. Different municipalities have different statutes. Similar to the statutes of the Serbian Municipalities, the Municipal Council in Albania have their Internal Operating Regulations.

Recommendation from international practices

In relation to the international practices taken into consideration in this report it is recommended to take into consideration for the Albanian context the following practices:

United Kingdom

The role and function of a local Council in Britain, as well as its structure and the mode of operation, are completely different from that in Albania. The Council in Britain is very powerful and has lots of competencies, in Britain the Council has both legislative and executive powers and the Councillors are in the composition of the top decision-making executive body of the Council, which is the Cabinet.

This practices in our report has been included because the Clerk/Secretary duties and responsibilities as defined above in the chapter above are specifically detailed and can be considered exhaustive. Given that municipalities usually have not defined other duties and responsibilities to the Secretary, they can take into account this practice dependable on their context. In our view this practice is more suitable to be implemented by medium large municipalities that have the resources to expand the Secretary duties and responsibilities.

North Macedonia

This practice it’s not recommended to be applied in Albania, in our understanding the only good practice to be taken into consideration for the Albanian context is the defining of a specific budget for the municipality council.

Montenegro

In this practice, the law is defining the criteria and the procedures for appointment and dismissal of the secretary. The Assembly Secretary shall be appointed on the basis of a public advertisement, the law also defines the criteria for the appointment of the Secretary and limits the dismissal only in case when he/she does not perform his/her duties in accordance with the law.

Given that most municipalities in Albania have not defined in their internal regulation the appointment and dismissal procedures of the Secretary, in our view this practice can be taken partly into account for replication.

Serbia

In this practice the duties and the responsibilities of the Secretary are defined the role of the Council Secretary in more general manner than in Albania “The assembly of the municipality shall have a secretary to manage professional affairs related to convention and holding of the assembly and its working bodies and manages administrative affairs connected with the work of the assembly”.

In our understanding a general provision is better suited for defining the responsibilities of the Secretary. In our current context the Secretary responsibilities are limited by law. Given that many other responsibilities that must be carried out by the Secretary to support the municipal council in current laws and new ones may be ambiguous as to who shall be entitled to support the municipal council, it is recommended that the municipalities through their internal regulation should define a general way for the responsibilities of the Secretary to support the council for any given responsibilities.

Models for secretariats

Based on this analysis of our current situation in our understanding all the duties and responsibilities cannot be carried out properly by the Secretary as a single person. To effectively carry out all the requirement of law 139/2015 “On local self-government” and other sectorial laws, it is envisaged the need to help the Secretary with human resources, tools (logistics and electronics) and capacity buildings. In this context the best way to achieve the fulfilment of his duties and responsibilities is to upgrade most councils into independent Secretariats from the mayor and municipal administration. The first step to strengthen up the role of the Secretary, in our consideration shall be the approval of an independent budget for the implementation of duties and responsibilities of the municipal council.

In dependence of the magnitude of the municipal size and the workload of the municipal council, after the above analyse we have been lead to the following recommendations:

Small municipalities

Given the size of this type of municipalities and the moderate workload of this municipalities, we recommend that these municipalities Secretariat can properly perform the duties and responsibilities as provided by the legislation, with a minor help, consisting mostly in these topics:

The Secretary should be aided by a part-time assistant (that he’s not a municipal administration employee), during the period when the workload increases. Usually for a ten day period, seven days before the municipal council meeting, to aid for the preparation of all the material needed for the meeting and three days after to aid for immediate actions to be taken by the Secretariat.
The Secretary should be aided by logistics (audio/video) for recording the meetings and stationery to be delivered for the councillor’s.
The Secretariat should be aided to develop and maintain a web page.

Organizational charts for small municipality secretariats

Criteria’s for selection of the part-time Assistant

To be selected as a part-time Secretary assistant it is recommended that he/she should possess the following qualifications and attributes:

Resident of the municipality;
Hold a high-school degree;
Knowledge of law 139/2015 “On Local Self Governance” and law no. 44/20151 “Administrative Procedural Code of the Republic of Albania” and law 68/2017 “On Local Self Governance Finances”;
Very good communication and interpersonal skills;
Good computer skills (knowledge of MS Office Programs);

Terms of reference of the part-time assistant

Preparing for meetings

Preparing materials

To fulfil the duty of the Secretary, the assistant aids him through a set of logistic tools such as digital and hardcopy prepares the agenda and the materials related to it. The deliverables will be a hardcopy set of the agenda and the materials relates and also an electronic set of the agenda and materials related.

Notifying the council meeting

To fulfil this duty the secretary shall be aided by the part-time assistant through a set of logistic tools such as digital and hardcopy prepares the notification. He/she posts a hardcopy notification of the council meetings in the municipality and all administrative units of the municipality information boards. He/she makes use of electronic tools to notify the council meeting, primarily e-mails to counsellors, mayor and municipality heads of departments, local media, NGOs; updates the webpage of the municipality and/or council with the notice of the meetings; makes contact with local media for publicising the notification; he/she optionally uses social media such as a Facebook and/or Instagram page of the council to notify the meetings.

Holding meetings

Ministerial aspects of meeting preparation

The part-time assistant may assume some responsibility. Checks can include last-minute contact with counsellors, Chairman of the Council, municipal committees’ administrative officers, last-minute checks on the arrangement of records and documents, testing recorders or microphones, heat and lighting, providing logistics for the councillors and accommodation for the public.

Aide and recorder for the municipal council minutes of meeting

The part-time assistant main duty lies in recording the minutes of meeting; in this duty he/she should be aided by an assistant and/or by electronic devices so there is not any issues and loose of information. The part-time assistant should ensure the accuracy of the minutes as essential for the validation of the municipal decisions.

Actions after the meeting

Distribution of Minutes

Preparing and follow up a checklist of orders and/or actions

Based on the information in the minutes, the part-time assistant should aid the Secretary should prepare a checklist of orders or actions to be taken from municipal administration and reports at the next meeting on their status/progress of implementation.

Financial Costs of the Secretariat

In order to support the municipal council in small municipalities through the Secretariat, we have calculated the average financial costs needed.

The total costs for small municipal Secretariat

Equipment Costs
			Units	Cost/Unit	Total
Equipment	Office	Building	0	0	0
		Computers	2	50,000.00	100000
		Printer & Scanner	1	80,000.00	80000
		Desk Station (Table+Chair)	2	40,000.00	80000
	Media	Audio/Video Recording System	1	600,000.00	600000
	Media	Web page	1	70,000.00	70000
	Field Visits	Vehicles	1	1,000,000.00	1000000
				Subtotal 1	1,930,000.00
Operative expenditures
Monthly Operative Expenditures	Payroll	Salary Gross Secretary	100,000
	Payroll	Salary Gross Part-time Assistant	20,000
	Utilities (Electricity, Water, Internet, Phone, Web page maintenance etc.)		30,000.00
	Stationery		10,000.00
	Logistics	Fuel	80,000.00
	Logistics	Driver	5,000.00
		Total/Month	245,000.00
		Subtotal 2(Year)	2,940,000.00
TOTAL Costs (Subtotal 1+2)			4,870,000.00 ALL

Medium Municipalities

For this type of municipalities, we recommend to upgrade them to a full time Secretariat to properly perform the duties and responsibilities as provided by the legislation, the upgrade should consist mostly in these topics:

The Secretary should be aided by a full time assistant and a part-time assistant (that are not a municipal administration employee) in order to share some of the responsibilities with the Secretary. The full time assistant shall share responsibilities with the Secretary, case by case in a manner that allows them to fulfil all responsibilities. The part-time assistant shall aid the Secretariat during the period when the workload increases. Usually for a ten day period, seven days before the municipal council meeting, to aid for the preparation of all the material needed for the meeting and three days after to aid for immediate actions to be taken by the Secretariat.
The Secretary should be aided by logistics (audio/video) for recording the meetings and stationery to be delivered for the councillor’s.
The Secretariat should be aided to develop and maintain a web page.

Organizational charts for medium municipality secretariats

Criteria’s for selection of the full-time assistant of the Secretary.

To be selected as a full-time assistant of the Secretary of a municipal council it is recommended that he/she should possess the following qualifications and attributes:

Resident of the municipality;
Hold a master degree in law (public administration or civil rights), finance, public administration or related fields; the degree must be different from the one that the Secretary possess in order to complement each-other knowledge’s and experiences.
Minimum 1 year of experience in law (public administration or civil rights) , finance, public administration or related fields;
Knowledge of law 139/2015 “On Local Self Governance” and law no. 44/20151 “Administrative Procedural Code of the Republic of Albania” and law 68/2017 “On Local Self Governance Finances”;
Good communication and interpersonal skills;
Good analytic and critical thinking;
Good computer skills (knowledge of MS Office Programs);

Preferred requirements:

Experience in municipal administration;
Knowledge of state policies and strategies related to LGU’s;
Knowledge of local urban planning;
Knowledge of a foreign language (English or other EU language);
Knowledge of local government financing system;
Knowledge of local community concerns.

Terms of reference of the full time assistant of the Secretary^[17]

Preparing for meetings

Collecting materials

To fulfil this duty the full time assistant interacts, manages and is a liaison with the mayor and municipal administration for the proposed matters to be consulted in the council meetings. He/she interacts with citizens, NGOs, businesses, community structures for concerns necessary to be consulted in the council meetings.

Preparing materials

To fulfil this duty the full time assistant through a set of logistic tools such as digital and hardcopy prepares the agenda and the materials related to it. The deliverables will be a hardcopy set of the agenda and the materials relates and also an electronic set of the agenda and materials related.

Notifying the council meeting

To fulfil this duty the full time assistant through a set of logistic tools such as digital and hardcopy prepares the notification. He/she posts a hardcopy notification of the council meetings in the municipality and all administrative units of the municipality information boards. He/she makes use of electronic tools to notify the council meeting, primarily e-mails to counsellors, mayor and municipality heads of departments, local media, NGOs; updates the webpage of the municipality and/or council with the notice of the meetings; makes contact with local media for publicising the notification; he/she optionally uses social media such as a Facebook and/or Instagram page of the council to notify the meetings.

Holding meetings

Ministerial aspects of meeting preparation

Although the mayor is responsible for arranging and holding the council meetings, the Secretary and the full time assistant may assume some of this responsibility based on his position as a representative of the council. Checks can include last-minute contact with counsellors, Chairman of the Council, municipal committees’ administrative officers, last-minute checks on the arrangement of records and documents, testing recorders or microphones, heat and lighting, providing logistics for the councillors and accommodation for the public.

Observe the compliance of the council's procedural regulation during the meeting

The observance of the council’s procedural regulation is one of the most import for the ongoing of the meeting, for any infringement of the regulation by any counsellor or any other participant the full time assistant should immediately notify the Secretary.

Actions after the meeting

Although much activity is compressed into the last days prior to the meeting, many preparations should be made as early as the conclusion of the previous meeting.

Distribution of Minutes

The full time assistant may distribute the minutes to the media or public should be made only after official approval.

Preparing and follow up a checklist of orders and/or actions

Based on the information in the minutes, the full time assistant should prepare a checklist of orders or actions to be taken from municipal administration and reports at the next meeting on their status/progress of implementation.

Other responsibilities

Besides organizing the Council meeting, the full time assistant has other responsibilities to be fulfilled in between the meetings. He/she represents the Council in the period between the meetings, as the only (or the leading of) administrative staff of the Council.

Relationship with the community

The full time assistant should comply with law no 119/2014 “On the right of information”. As citizens ask for documents and information about the decisions of the Council, the full time assistant is the person that aids the Secretary to respond and inform them, respecting the law.

Public consultation

The full time assistant should comply with the Law No. 146/2014 “On notification and public consultation” in preparing counselling sessions with the community. A lot of council decisions need to be consulted with the community before being presented to the council meeting for approval. Notifying and organizing public consultation meetings, creating and maintaining the public consultation register, keeping procès-verbal for each meetings, presenting in the council meetings all the proposals and opinions coming from the groups of interests and community and even informing the community for what was taken in consideration from their proposals and what is not, are tasks of the Secretary as he/she represents the administrative structure of the council.

Criteria’s for selection of the part-time Assistant

To be selected as a part-time Secretary assistant it is recommended that he/she should possess the following qualifications and attributes:

Resident of the municipality;
Hold a high-school degree;
Knowledge of law 139/2015 “On Local Self Governance” and law no. 44/20151 “Administrative Procedural Code of the Republic of Albania” and law 68/2017 “On Local Self Governance Finances”;
Very good communication and interpersonal skills;
Good computer skills (knowledge of MS Office Programs);

Terms of reference of the part-time assistant

Preparing for meetings

Preparing materials

Notifying the council meeting

Holding meetings

Ministerial aspects of meeting preparation

Aide and recorder for the municipal council minutes of meeting

Actions after the meeting

Distribution of Minutes

Preparing and follow up a checklist of orders and/or actions

In order to support the municipal council in medium municipalities through the Secretariat, we have calculated the average financial costs needed.

Financial Costs of the Secretariat

The total costs for medium municipal Secretariat

Equipment Costs
			Units	Cost/Unit	Total
Equipment	Office	Building	0	0	0
		Computers	3	50,000.00	150000
		Printer & Scanner	1	80,000.00	80000
		Desk Station (Table+Chair)	3	40,000.00	120000
	Media	Audio/Video Recording System	1	600,000.00	600000
	Media	Web page	1	70,000.00	70000
	Field Visits	Vehicles	1	1,000,000.00	1000000
				Subtotal 1	2,020,000.00
Operative expenditures
Monthly Operative Expenditures	Payroll	Salary Gross Secretary	100,000
		Salary Gross Full-time Assistant	80,000
		Salary Gross Part-time Assistant	20,000
	Utilities (Electricity, Water, Internet, Phone, Web page maintenance etc.)		32,000.00
	Stationery		13,000.00
	Logistics	Fuel	12,000.00
	Logistics	Driver	80,000.00
		Total/Month	337,000.00
		Subtotal 2(Year)	4,044,000.00
TOTAL Costs (Subtotal 1+2)			6,064,000.00 ALL

Medium Large Municipalities

The Secretary should be aided by two full time assistant and a part-time assistant (that are not a municipal administration employee) in order to share some of the responsibilities with the Secretary. The full time assistants shall share responsibilities with the Secretary, case by case in a manner that allows them to fulfil all responsibilities. The part-time assistant shall aid the Secretariat during the period when the workload increases. Usually for a ten day period, seven days before the municipal council meeting, to aid for the preparation of all the material needed for the meeting and three days after to aid for immediate actions to be taken by the Secretariat.
The Secretary should be aided by logistics (audio/video) for recording the meetings and stationery to be delivered for the councillor’s.
The Secretariat should be aided to develop and maintain a web page.

Organizational charts for medium large municipality secretariats

Criteria’s for selection of the full-time assistant of the Secretary

To be selected as a full-time assistant of the Secretary of a municipal council it is recommended that he/she should possess the following qualifications and attributes:

Resident of the municipality;
Hold a master degree in law (public administration or civil rights), finance, public administration or related fields; the degree must be different from the one that the Secretary and the other full time assistant possess in order to complement each-other knowledge’s and experiences.
Minimum 1 year of experience in law (public administration or civil rights) , finance, public administration or related fields;
Knowledge of law 139/2015 “On Local Self Governance” and law no. 44/20151 “Administrative Procedural Code of the Republic of Albania” and law 68/2017 “On Local Self Governance Finances”;
Good communication and interpersonal skills;
Good analytic and critical thinking;
Good computer skills (knowledge of MS Office Programs);

Preferred requirements:

Experience in municipal administration;
Knowledge of state policies and strategies related to LGU’s;
Knowledge of local urban planning;
Knowledge of a foreign language (English or other EU language);
Knowledge of local government financing system;
Knowledge of local community concerns.

Terms of reference of the full time assistant of the Secretary^[18]

Preparing for meetings

Collecting materials

Preparing materials

Notifying the council meeting

Holding meetings

Ministerial aspects of meeting preparation

Observe the compliance of the council's procedural regulation during the meeting

The observance of the council’s procedural regulation is one of the most import for the ongoing of the meeting, for any infringement of the regulation by any counsellor or any other participant the full time assistant should immediately notify the Secretary.

Actions after the meeting

Although much activity is compressed into the last days prior to the meeting, many preparations should be made as early as the conclusion of the previous meeting.

Distribution of Minutes

The full time assistant may distribute the minutes to the media or public should be made only after official approval.

Preparing and follow up a checklist of orders and/or actions

Other responsibilities

Relationship with the community

Public consultation

Criteria’s for selection of the part-time Assistant

To be selected as a part-time Secretary assistant it is recommended that he/she should possess the following qualifications and attributes:

Resident of the municipality;
Hold a high-school degree;
Knowledge of law 139/2015 “On Local Self Governance” and law no. 44/20151 “Administrative Procedural Code of the Republic of Albania” and law 68/2017 “On Local Self Governance Finances”;
Very good communication and interpersonal skills;
Good computer skills (knowledge of MS Office Programs);

Terms of reference of the part-time assistant

Preparing for meetings

Preparing materials

Notifying the council meeting

Holding meetings

Ministerial aspects of meeting preparation

Aide and recorder for the municipal council minutes of meeting

Actions after the meeting

Distribution of Minutes

Preparing and follow up a checklist of orders and/or actions

In order to support the municipal council in medium large municipalities through the Secretariat, we have calculated the average financial costs needed.

Financial Costs of the Secretariat

The total costs for medium large municipal Secretariat

Equipment Costs
			Units	Cost/Unit	Total
Equipment	Office	Building	0	0	0
		Computers	4	50,000.00	200000
		Printer & Scanner	2	80,000.00	160000
		Desk Station (Table+Chair)	4	40,000.00	160000
	Media	Audio/Video Recording System	1	800,000.00	800000
	Media	Web page	1	90,000.00	90000
	Field Visits	Vehicles	2	1,000,000.00	2000000
				Subtotal 1	3,410,000.00
Operative expenditures
Monthly Operative Expenditures	Payroll	Salary Gross Secretary	100,000
		Salary Gross Full-time Assistant	80,000
		Salary Gross Full-time Assistant	80,000
		Salary Gross Part-time Assistant	20,000
	Utilities (Electricity, Water, Internet, Phone, Web page maintenance etc.)		40,000.00
	Stationery		20,000.00
	Logistics	Fuel	140,000.00
	Logistics	Driver	12,000.00
		Total/Month	492,000.00
		Subtotal 2(Year)	5,904,000.00
TOTAL Costs (Subtotal 1+2)			9,314,000.00

Capacity building

Our analysis leads to a recommendation of a capacity building plan, consisting of several instruments, divided into two groups:

Those intended to have an immediate impact, and
Those intended to build a long term facility for the continuous capacity building of the Secretary and the Secretariat.

The capacity building instruments are presented schematically as follows:

Instrument		Training Topics
Direct impact	Training of Secretaries	Legal framework - European Charter of Local Self-Government main concepts. - Law 139/2015 On Local Self Governance main concepts and municipal and Secretary duties and responsibilities. - National legal framework that define the duties and responsibilities of the municipal council and the Secretary.
		National good practices
		International good practices
		Public consultation implementation methods
		Archiving methodology
		Community intermediation methods
	Workshops of Secretaries and consultants and other involved stakeholders	Knowledge and experience sharing from all municipalities
		Problems and solutions
		Templates Exchange - Regulations templates. - Communication method and tools. - Intermediation methods. - Archiving methods.
Continuous capacity building through Media	Building of a Professional Blog	Promotion of good practices
		Problems and solutions
		Templates Exchange - Regulations templates. - Communication method and tools. - Intermediation methods. - Archiving methods.
		Questions and answers online window
	Digital platform/Web page	Legal framework general information
		National good practices
		International good practices
		Public consultation implementation methods
		Archiving methodology
		Online training modules for: - Local governance. - Public Consultation. - Archiving methods.
Continuous capacity building through the Secretary	Training of Trainers Capacity building of the Secretariat through training of the Secretary as a trainer for the Secretariat administrative staff	Legal framework - European Charter of Local Self-Government main concepts. - Law 139/2015 On Local Self Governance main concepts and municipal and Secretary duties and responsibilities. - National legal framework that define the duties and responsibilities of the municipal council and the Secretary.
		Public consultation implementation methods
		Archiving methodology
		Community intermediation methods

APENDIX A: Legal Framework

Function	Legal Base
Secretaries primary legislation	• Law139/2015 "On Local Self-Governance", as amended. • Law no. 44/20151 “Administrative Procedural Code of the Republic of Albania” • Law no.9154 “On Archives”; • Law no 119/2014 “On the right of information”; • Law no. 146/2014 “On notification and public consultation”. • Law no. 10 019 “Electoral Code”, as amended; • Law no. 107/2016 “On Regional Prefect”.
Production, treatment, transmission and supply of potable water and the collection, removal and treatment of wastewaters	• Law No. 8102, dated 28 March 1996 "On the Regulatory Framework of the Water Supply and Disposal and Wastewater Treatment Sector", as amended; • DCM no.1304, dated 11.12.2009 "On approval of the model of regulation" On water supply and sewerage in the water supply and sewerage service jsc "; • DCM no. 958, dated 06.05.2009 "On the Approval of Licensing and Licensing Procedures for Physical and Juridical Persons Licensing on Activities in Water Supply and Disposal and Processing of Wastewater"; • DCM no. 63, dated 27.01.2016, "On the reorganization of the operators providing UK service; • Law no. 111/2012 "On Integrated Management of Water Resources, as amended; • DCM no. 73, dated 7.2.2018 On the adoption of the National Strategy for Integrated Water Resources Management, 2018-2027; • DCM no. 379, dated 25.5.2016 "On the approval of the Regulation" Quality of Drinking Water " • Law No. 9115, dated 24.7.2003 "On the Environmental Treatment of Wastewater", as amended; • DCM no. 177, dated 31.03.2005 "On the permissible standards of liquid discharge and the criteria for zoning the receiving water environments" • Law No. 7663, dated 2.12.1992 "On Sanitary Inspection", as amended; • Law No.9863, dated 28.1.2008 "On Food", as amended; • DCM no. 431, dated 11.7.2018 "On the establishment, organization and functioning of the National Agency for Water Supply and Sewerage and Waste Infrastructure"; • KFRC Decision No. 35, dated 14.10.2013 "On approving the percentage of regulatory fee for 2014"; • Decision of KKRR No. 4, dated 29.02.2012 "On determining the category of customers for certain special clients"; • Decision of KKRR No. 31, dated 27.04.2018 "On an amendment to the decision of KKRR No. 4, dated 29.02.2012," On the definition of the category of customers for certain special clients "; • Decision of KKRR No. 50, dated 30.12.2013 "On the approval of the license format and some amendments to the licensing regulation"; • KKRR Decision No. 46, dated 27.12.2013 "On approving the water balance"; • KKRR Decision No. 15, dated 09.06.2014 "On the Implementation of the Model Contract"; • KFRC Decision No. 22, dated 14.11.2014 "On Approval of the Regulatory Payment Percentage for 2015"; • KKRR Decision No. 25, dated 08.07.2015 "On some additions and changes to the model contract for water supply and sewerage services"; • KKRR Decision No. 13, dated 23.02.2016, "On licensing of operators and approval of UK service fees until the end of the reorganization procedures of UK companies"; • KKRR Decision No. 39, dated 09.12.2015, "On approving the tariff policy for the water supply and waste water treatment and treatment"; • Decision N ° 40, dated 09.12.2015 "On approval of supporting documentation for the approval of tariffs for water supply, waste water treatment and wastewater treatment"; • Decision of KKRR No. 41, dated 09.12.2015 "On approving the tariff approval process for the water supply, removal and treatment of wastewater"; • KKRR Decision No. 42, dated 09.12.2015 "On approving the methodology for setting tariffs for water supply and waste water treatment and treatment"; • KFRC Decision No. 18, dated 22.03.2018 "Decision to initiate the procedure for changing the tariff setting methodology"; • Decision of KKRR No. 21, dated 30.03.2018 "On the fees for providing the requested information (documentation)"; • Decision of the National Regulatory Commission No.71, dated 21.09.2018, on the adoption of the "Regulation on organization and conduct of public hearings in the process of tariff approval"; • KCFR decision no. 58 dated 29.12.2017 on the approval of the "Regulation of inspection and monitoring of the activity of service providers in the water supply and sewerage sector (UK)". • Law no. 107/2014 dated 31.07.2014 "On territorial planning and development", as amended; • Law no. 8402, dated 10.9.1998 "On the control and discipline of construction works, as amended; • Law no. 9290, dated 7.10.2004 "On construction products" as amended; • Law no. 10433, dated 16.6.2011 "On Inspection in the Republic of Albania", as amended; • Law no. 9780, dated 16.7.2007, "On Construction Inspection", as amended; • Law no. 9643, dated 20.11.2006 "On Public Procurement", as amended; • DCM no. 504, dated 13.9.2017 "On the determination of the state responsibility of the Ministry of Infrastructure and Energy".
Collection and removal of rainwater and flood protection in residential areas	• Law no. 111/2012 "On Integrated Resource Management", as amended. • DCM no. 73, dated 7.2.2018 "On the Approval of the National Strategy for Integrated Water Resources Management, 2018-2027" • DCM no. 655, dated 18.12.2002 "On the Establishment and Functioning of the National System of Planning and Facilitation of Civil Emergencies" DCM No. 531, dated 01.08.2003 "On the organization, functioning, duties and responsibilities of civil emergency services". • DCM no. 502, dated 13.9.2017 "On the Determination of the State Responsibility of the Ministry of Interior", as amended. • Law no. 107/2014 dated 31.07.2014 "On territorial planning and development", as amended; • DCM no. 408 "On the adoption of the regulation of territorial development :, as amended; • Law no. 8402, dated 10.9.1998 "On the control and discipline of construction works, as amended; • Law no. 9290, dated 7.10.2004 "On construction products" as amended; • Law no. 10433, dated 16.6.2011 "On Inspection in the Republic of Albania", as amended; • Law no. 9780, dated 16.7.2007, "On Construction Inspection", as amended; • Law no. 9643, dated 20.11.2006 "On Public Procurement", as amended; • DCM no. 504, dated 13.9.2017 "On the determination of the state responsibility of the Ministry of Infrastructure and Energy". • Law No.8681, dated 2.11.2000 "On the Design, Construction, Use and Maintenance of Dams and Dams, as amended; • DCM No.147, dated 18.3.2004 "On the adoption of the regulation on the safety of dams and dams"
Construction, rehabilitation and maintenance of local roads and road signs, sidewalks and local public squares	• Law No. 8378, dated 22.7.1998 "The Road Code of the Republic of Albania, as amended; • DCM No. 153 of 07.04.2000 "On the approval of the Regulation implementing the Road Code of the Republic of Albania", as amended; • DCM no. 628, dated 15.07.2015 "On the Approval of Technical Provisions for the Design and Construction of Roads", as amended; • Instruction no. 9, dated 3.7.2012 "On Audit and Inspection of Road Safety"; • Law no. 107/2014 dated 31.07.2014 "On territorial planning and development", as amended; • Law no. 10433, dated 16.6.2011 "On Inspection in the Republic of Albania", as amended; • Law no. 9780, dated 16.7.2007, "On the inspection of construction", as amended; • Law no. 8402, dated 10.9.1998 "On the control and discipline of construction works, as amended; • Law no. 9290, dated 7.10.2004 "On construction products" as amended; • Law no. 10433, dated 16.6.2011 "On Inspection in the Republic of Albania", as amended; • Law no. 9780, dated 16.7.2007, "On the Inspection of Construction" ", as amended; • Law no. 9643, dated 20.11.2006 "On Public Procurement", as amended; • Law no. 107/2014 dated 31.07.2014 "On territorial planning and development", as amended;
Public Lighting	• Law no. 107/2014 dated 31.07.2014 "On territorial planning and development", as amended; • Law no. 124/2015 date. 05.11.2015 "On Energy Efficiency"; • DCM no. 709, dated 1.12.2017 "On the adoption of the second and third National Action Plan for Energy Efficiency for Albania, 2017-2020"; • DCM no. 504, dated 13.9.2017 "On the determination of the state responsibility of the Ministry of Infrastructure and Energy". • Law no. 10433, dated 16.6.2011 "On Inspection in the Republic of Albania", as amended; • Law no. 9780, dated 16.7.2007, "On Construction Inspection", as amended; • Law no. 8402, dated 10.9.1998 "On the control and discipline of construction works, as amended; • Law no. 9290, dated 7.10.2004 "On construction products" as amended; • Law no. 9780, dated 16.7.2007, "On Construction Inspection", as amended; • Law no. 9643, dated 20.11.2006 "On Public Procurement", as amended; • DCM Nr. 914, dated 29.12.2014 "On the Approval of Public Procurement Rules", as amended. • Law no. 116/2016 dated 10.11.2016 "On the Energy Performance of Buildings".
Local Public Transportation	• Law no. 8308, dated 18.03.1998 "On the Road Transport" amended; • DCM No. 811, dated 16.11.2016 "On Approval of Transport Strategy and Action Plan 2016-2020" (not published in the Official Journal). • DCM no. 325, dated 19.3.2008 "On the adoption of rules for admission to the activity of the road transport operator of goods and passengers and for the recognition of official documents assigned to these operators", as amended • Instruction no. 5627, dated 18/11/2016 "On the Determination of Criteria, Rules and Documentation for Issuing of Licenses and Certificates for Exercising the Activity in Road Transport of Travelers Abroad", as amended; • Instruction no. 5628, dated 18.11.2016, "On the Approval of the Intercity Line Network", as amended; • Instruction no. 1726/1, dated 21/04/2008 "On the determination of prices and tariffs in the taxi service"; • Instruction no. 446, dated 10.05.2018 "On the categorization, conditions to be met by the bus terminal, authorization, manner of keeping the documentation, fees and other obligations of the bus terminal", amended • Instruction no. 3743, dated 10.07.2017 "On the Models and Standards of Passenger Road Transport Ticket", amended • Law No. 8378, dated 22.7.1998 "The Road Code of the Republic of Albania, as amended; • DCM No.153, dated 7.4.2000 "On the Approval of the Road Traffic Implementing Regulation of the Republic of Albania", as amended; • DCM 504, dated 13.09.2017 "On defining the scope of state responsibilities for the Ministry of Infrastructure and Energy.
Construction, rehabilitation and maintenance of public cemeteries as well as the guarantee of burial service	• Law No. 9220, dated 15.4.2004 "On the Administration of Funeral Service", as amended; • DCM no. 711, dated 29.10.2014 "On the adoption of the regulation" On the administration and functioning of cemeteries in the territory of the Republic of Albania "; • DCM no. 712, dated 29.10.2014 "On the approval of the technical regulation" On the design and construction of cemeteries in the territory of the republic of Albania "; • DCM no. 151, dated 4.2.2015 "On setting the criteria and procedures for the establishment of private cemeteries"; • DCM no. 426, dated 9.7.1998, of the Council of Ministers, "On coping with the funeral service expenses for Albanian citizens who die in and out of the country", as amended; • Instruction no. 4, dated 9.12.2015 "On the ways of exhuming and exhuming murders of special cases"; • MRTT Instruction No. 2, dated 19.7.2004 "On the Designation and Completion of the Burial Service Scheme"; • MRTT Instruction No. 7, dated 16.12.2004 "On the definition of technical norms for the design and construction of public cemeteries"; • MRTT Instruction No. 8, dated 17.12.2004 "On determining the conditions of use of public cemeteries, the manner of opening the tombs and the technical data of the caskets used"; • MRTT Instruction No. 3, dated 28.6.2005 On defining the technical conditions for the construction and use of overground cemeteries • Instruction of MPWTT & MoH No. 1, dated 31 March 2006 "On the Determination of Special Conditions to Meet Burial Vehicles" • Law no. 10 129, dated 11.5.2009 "On civil status", as amended; • DCM no. 504, dated 13.9.2017 "On the determination of the state responsibility of the Ministry of Infrastructure and Energy".
City décor	• Law no. 8926, dated 22.07.2002 "On the form and size of the national flag, the content of the national anthem, the shape and dimensions of the emblem of the Republic of Albania and the manner of their use"; • DCM No. 473, dated 10 July 2003, "On the use of the national flag in the external and internal environments, public institutions, and the ratio of its size."; • DCM No. 473, dated 10 July 2003, "On the use of the Republic's coat of arms and the size of its report";
Maintenance of parks, gardens and public green spaces	• Law 107/2014 "On Territorial Planning and Development", as amended; • DCM 1096, dated 28.12.2015, "On the adoption of rules, conditions and procedures for the use and management of public space"; • DCM 671, dated 29.7.2015 "On the approval of the Territorial Planning Regulation".
Collection, removal and treatment of Municipal Solid Waste	• Law 10463/2011 "On Integrated Waste Management", as amended; • Law No. 8094, dated 21.3.1996 "On the Public Removal of Waste"; • DCM no.175, dated 19.1.2011 "On the adoption of the national waste management strategy and the national waste management plan"; • DCM 418, 25.06.2014 "On the differentiated collection of waste at source"; • DCM 452, 11.07.2012 "On waste landfills", as amended; • DCM 608 of 17.9.2014 "On the determination of the necessary measures for the collection and treatment of bio waste as well as the criteria and deadlines for their reduction"; • DCM 177, 06,03,2012 "On their packaging and wastes", as amended; • Instruction no. 6, dated 27.11.2007 of the Minister of Environment, Forests and Water Administration "On the adoption of rules, content and deadlines for the preparation of solid waste management plans"; • Instruction no. 1738, dated 12.3.2015 "On the study-design criteria for the rehabilitation of solid urban waste disposal sites, as well as the construction of landfills or urban solid waste treatment plants"; • DCM no. 99, dated 18.2.2005 "On approval of the Albanian Waste Classification Catalog", as amended; • Regulation no. 1, dated 30 March 2007, of the Minister of Environment, Forests and Water Administration and the Minister of Public Works, Transport and Telecommunications "On the treatment of construction and destruction waste since their creation and transport for annihilation"; • Instruction no. 6, dated 27.11.2007 of the Minister of Environment, Forests and Water Administration "On the adoption of rules, content and deadlines for the preparation of solid waste management plans"; • DCM no. 806, dated 4 December 2003 of the Council of Ministers "On the Approval of Rules and Procedures for the Importation of Waste for Use, Processing and Recycling"; • Regulation no. 4, dated 15.10.2003 of the Minister of Environment "On the search, review and approval of waste export and transit permits". • Law 10448/2011 "On Environmental Permits", as amended; • DCM 509, dated 13.9.2017 "On the Determination of the State Responsibility of the Ministry of Tourism and the Environment"; • DCM 504, dated 13.9.2017 "On the Determination of the State Responsibility of the Ministry of Infrastructure and Energy"; • DCM Nr. 431, dated 11.7.2018 "On the Establishment, Organization and Functioning of the National Water Supply and Sewerage Agency and Waste Infrastructure"; • Law no. 107/2014, "On territorial planning and development", as amended; • DCM no. 408, dated 13.5.2015 "On the Approval of the Territorial Development Regulation :, as amended; • DCM no. 46, dated 29.1.2014 "On the establishment and manner of organization and functioning of the State Inspectorate of Environment, Forests and Water".
Construction, rehabilitation and maintenance of educational buildings of the pre-university education system, with the exception of vocational schools	• Law no. 107/2014 dated 31.07.2014 "On territorial planning and development", as amended; • DCM no. 408 "On the adoption of the regulation of territorial development :, as amended; • Law no. 69/2012 dated 21.06.2012 "On the pre-university education system in the Republic of Albania", as amended; • DCM Nr. 662, dated 8.10.2014 "On the Establishment of Criteria and Procedures for Opening and Closing of Public Pre-University Educational Institutions"; • Law no. 8402, dated 10.9.1998 "On the control and discipline of construction works, as amended; • Law no. 9290, dated 7.10.2004 "On construction products" as amended; • Law no. 10433, dated 16.6.2011 "On Inspection in the Republic of Albania", as amended; • Law no. 9780, dated 16.7.2007, "On Construction Inspection", as amended; • Law no. 9643, dated 20.11.2006 "On Public Procurement", as amended; • Law no. 116/2016 dated 10.11.2016 "On the energy performance of buildings"; • DCM no. 505, dated 13.9.2017 "On the definition of the state responsibility of the ministry of education, sport and youth"; • DCM no. 504, dated 13.9.2017 "On the determination of the state responsibility of the Ministry of Infrastructure and Energy". • DCM no. 319, dated 12.4.2017 "On the Approval of School Design Standards"; • DCM no. 159, dated 1.3.2017 "On Approval of Garden Design Standards".
Construction, rehabilitation and maintenance of educational buildings of the pre-university education system, with the exception of vocational schools	• Law no. 107/2014 dated 31.07.2014 "On territorial planning and development", as amended; • DCM no. 408 "On the adoption of the regulation of territorial development :, as amended; • Law no. 69/2012 dated 21.06.2012 "On the pre-university education system in the Republic of Albania", as amended; • DCM Nr. 662, dated 8.10.2014 "On the Establishment of Criteria and Procedures for Opening and Closing of Public Pre-University Educational Institutions"; • Law no. 8402, dated 10.9.1998 "On the control and discipline of construction works, as amended; • Law no. 9290, dated 7.10.2004 "On construction products" as amended; • Law no. 10433, dated 16.6.2011 "On Inspection in the Republic of Albania", as amended; • Law no. 9780, dated 16.7.2007, "On Construction Inspection", as amended; • Law no. 9643, dated 20.11.2006 "On Public Procurement", as amended; • Law no. 116/2016 dated 10.11.2016 "On the energy performance of buildings"; • DCM no. 505, dated 13.9.2017 "On the definition of the state responsibility of the Ministry of Education, Sport and Youth"; • DCM no. 504, dated 13.9.2017 "On the determination of the state responsibility of the Ministry of Infrastructure and Energy". • DCM no. 319, dated 12.4.2017 "On the Approval of School Design Standards"; • DCM no. 159, dated 1.3.2017 "On Approval of Garden Design Standards".
Administration and regulation of pre-school education in kindergartens and kindergartens	• Law no. 18/2017 "On the Rights and Protection of the Child"; • Law no. 107/2014 dated 31.07.2014 "On territorial planning and development", as amended; • DCM no. 408 "On the adoption of the regulation of territorial development :, as amended; • Law no. 69/2012 dated 21.06.2012 "On the pre-university education system in the Republic of Albania", as amended; • DCM Nr. 662, dated 8.10.2014 "On the Establishment of Criteria and Procedures for Opening and Closing of Public Pre-University Educational Institutions"; • DCM no. 352, dated 3.4.2013 "On the organization and functioning of the State Education Inspectorate". • DCM no. 662, dated 8.10.2014 "On the definition of criteria and procedures for the opening and closing of pre-university public education institutions". • DCM no. 140, dated 18.2.2015 on the adoption of the regulation "On the exercise of the activity of the national council of pre-university education". • Instruction No.21, dated 23.7.2010 "On Educational-Educational Rates and Number of Classroom Students in Pre-University Education Institutions", as amended; • Instruction no. 8, dated 19.3.2013 "On the criteria and procedures for the qualification of teachers"; • Instruction no. 2, dated 12.2.2015 "On the criteria and procedures for the qualification of teachers" • Instruction no. 30, dated 2.8.2013 "On the Regulation of Educational Institutions"; • Instruction no. 37, dated 13.8.2013 "On the criteria and procedures for the selection of members of the local council of pre-university education". • Instruction no. 57, dated 12.11.2013 "On the appointment and dismissal procedures of the director of the public institution of pre-university education"; • Instruction no. 56, dated 12.11.2013 "On the procedures for appointing and dismissing teachers from the public institution of pre-university education"; • Instruction no. 38, dated 7.10.2014 "On the criteria of auxiliary teachers for students with disabilities in public institutions of pre-university education"; • Order no. 343, dated 19.8.2013 "On the adoption of normative provisions for the pre-university education system". • Law no. 8402, dated 10.9.1998 "On the control and discipline of construction works, as amended; • Law no. 9290, dated 7.10.2004 "On construction products" as amended; • Law no. 10433, dated 16.6.2011 "On Inspection in the Republic of Albania", as amended; • Law no. 9780, dated 16.7.2007, "On Construction Inspection", as amended; • Law no. 9643, dated 20.11.2006 "On Public Procurement", as amended; • Law no. 116/2016 dated 10.11.2016 "On the energy performance of buildings"; • DCM no. 505, dated 13.9.2017 "On the definition of the state responsibility of the ministry of education, sport and youth"; • DCM no. 504, dated 13.9.2017 "On the determination of the state responsibility of the Ministry of Infrastructure and Energy". • DCM no. 159, dated 1.3.2017 "On Approval of Garden Design Standards"; • DCM no. 530, dated 20.07.2016 "On the approval of nursery design standards"; • DCM no. 352, dated 3.4.2013 "On the organization and functioning of the State Education Inspectorate". • DCM no. 662, dated 8.10.2014 "On the definition of criteria and procedures for the opening and closing of pre-university public education institutions". • DCM no. 140, dated 18.2.2015 on the adoption of the regulation "On the exercise of the activity of the national council of pre-university education". • Instruction No.21, dated 23.7.2010 "On Educational-Educational Rates and Number of Classroom Students in Pre-University Education Institutions", as amended; • Instruction no. 8, dated 19.3.2013 "On the criteria and procedures for the qualification of teachers"; • Instruction no. 2, dated 12.2.2015 "On the criteria and procedures for the qualification of teachers" • Instruction no. 30, dated 2.8.2013 "On the Regulation of Educational Institutions"; • Instruction no. 37, dated 13.8.2013 "On the criteria and procedures for the selection of members of the local council of pre-university education". • Instruction no. 57, dated 12.11.2013 "On the appointment and dismissal procedures of the director • Public institution of pre-university education "; • Instruction no. 56, dated 12.11.2013 "On appointment and dismissal procedures teachers in the public institution of pre-university education "; • Instruction no. 55, dated 19.11.2014 "On the organization of testing of candidates for the exercise of the profession of teacher in pre-university education "; • Instruction no. 40, dated 9.10.2015 "On the organization of testing of candidates for the exercise • the profession of teacher in pre-university education "; • Instruction no. 38, dated 7.10.2014 "On the criteria of auxiliary teacher for disabled students limited to public institutions of pre-university education "; • Instruction no. 35, dated 30.9.2014 "On the procedures for the parallel movement, appointment and dismissal of teachers in the public institution of pre-university education"; • Instruction no. 38, dated 6.10.2015 "On Procedures for Parallel Movement, Appointment and Failure of Teachers in Public Education Institutions of the Pre-University Education System". • Order no. 343, dated 19.8.2013 "On the adoption of normative provisions for pre-university education system".
Construction, rehabilitation and maintenance of primary health care facilities and development of educational and promotional activities at the local level related to health protection as well as administration of centers and other services in the field of public health	• Law No. 107, dated 30 March 2009 "On Health Care in the Republic of Albania", as amended; • Law No. 10 138, dated 11.5.2009 "On Public Health", as amended; • DCM no. 419, dated July 4, 2018 "On the establishment, manner of organization and functioning of the health care service operator"; • DCM no. 737, dated 5.11.2014 "On the financing of public health services of primary health care by compulsory health insurance scheme"; • DCM no. 101, dated 4.2.2015 "On approving the package of health services in the primary public health care funded by the compulsory health insurance fund", as amended; • DCM No.797, dated 29.9.2010 "On the approval of hygiene and sanitary regulation" On the management of bathing water quality ""; • Instruction of MSHMS for adoption of the General Regulation "On Contracting of Primary Health Care Services" • Instruction of MSHMS no. 56 dated 29.01.2015 "On the implementation of the DCM No. 737, dated 5.11.2014" On the financing of public health care services from the mandatory scheme of health care insurance ";
Planning, administration, development and control of territory	• Law no. 107/2014 "On territorial planning and development", as amended, "as amended; • DCM no. 686, dated 22.11.2017 "On the approval of the territory planning regulation", • DCM no. 725, dated 02.09.2015 "On the manner of the organization and functioning of the territory development agency"; • DCM no. 408, dated 13.5.2015 "On the adoption of the regulation of the development of the territory"; • DCM 1096, dated 28.12.2015, "On the adoption of rules, conditions and procedures for the use and management of public space"; • DCM 671, dated 29.07.2015 "On the approval of the Territorial Planning Regulation"; • Decision of the National Council of Territory No. 01, dated 30.07.2015 "On the determination of the rules and procedures to be followed by the territorial development authorities for the examination of the requests for building permits until the approval of the general local plans" changed; • Decision of the National Territorial Council no. 17, dated 07.06.2016 "On the examination of applications for development permits and construction within areas of national importance", as amended;
Economic Assistance and Social Care Services	• Law no. 9355, dated 10.03.2005 “On Social Assistance and Services”, as amended; • DCM no. 955, dated 7.12.2016 “For determining the criteria, procedures, documentation and extent of the economic assistance benefit in pilot areast"; • Instruction no. 3, dated 17.02.2017 “On the implementation of decision no. 955, dated 7.12.2016, of the Council of Ministers, "On the determination of the criteria, procedures, documentation and the measure of obtaining the economic assistance"; • DCM no. 618, dated 7.9.2006 “For the determination of the criteria, the documentation and the measure of the payment of benefit for persons with disabilities”, amended by DCM no. 375 dated 11.06.2014; no. 8381 dated 3.12.2014; no. 197 dated 9.3.2016; • DCM no. 821, dated 6.12.2006 "On the adoption of standards of social care services for the elderly in residential centers"; • DCM no. 822, dated 6.12.2006 "On the approval of the standards for social care services for persons with disabilities, residential and daycare centers"; • DCM no. 823, dated 6.12.2006 "For the adoption of standards of social care services for the elderly in day care centers"; • DCM no. 425, dated 27.6.2012 “In determining the criteria and documentation necessary for the admission of persons to residential, public and non-public institutions, of social care”, amended by DCM no. 839, dated 3.12.2014; no. 106, dated 15.2.2017; • DCM no. 904, dated 12.12.2012 “For the determination of criteria, procedures and documentation of the benefit of economic aid, in pilot areas”, amended by DCM no. 375 dated 11.06.2014; no. 8381 dated 3.12.2014; no. 197 dated 9.3.2016; • DCM no.114, dated 31.1.2007 “In determining the extent of the contributions of persons placed in public residential institutions, social care services”, amended by DCM no. 840, dated 3.12.2014; no.107, dated 15.2.2017 • DCM no. 904, dated 12.12.2012 “For the determination of criteria, procedures and documentation of the benefit of economic aid, in pilot areas”, amended by DCM no. 375 dated 11.06.2014; no. 8381 dated 3.12.2014; no. 197 dated 9.3.2016; • DCM no. 431, dated 8.6.2016 “For the determination of the criteria, documentation, procedures and measures for the benefit of the disability payment of the personal assistant and the responsible structures of their duties in pilot areas”, amended by DCM no.150, dated 13.3.2018; • Law no. 121/2016 "For social care services in the Republic of Albania"; • DCM no. 149, dated 13.3.2018 “For the criteria, documentation and procedures for registering the foster family for children without parental care and the amount of funding for the expenses of a child placed in a foster family”; • DCM no. 111, dated 23.2.2018 "On the establishment and functioning of the social fund"; • Law no. 9669, dated 18.12.2006, “For measures against violence in family relations”, as amended; • Instruction no. 816, dated 27.11.2018 "On the adoption of service delivery standards and the functioning of crisis management centers for cases of sexual violence"; • Instruction no. 911, dated 27.12.2018 "On the adoption of standards of provision of social care services in multidisciplinary community centers"; • DCM no. 136, dated 7.3.2018 "For the operation and administration of the National Electronic Services Registry"; • Instruction no. 689, dated 2.10.2018 “For the level of food expenditure quotas, in public residential and community care social institutions”; • Instruction no. 597, dated 22.12.2017 "On the approval of the standards of social care services, home assistance, for persons with disabilities"; • Instruction no. 7, dated 21.4.2017, “To determine the criteria, documentation, procedures and measures for obtaining the disability allowance and the personal assistant and the responsible structures of their duties in pilot areas”; • Instruction no. 581, dated 18.12.2017 “For the adoption of standards of social care services, household assistance, for the elderly”; • Instruction no. 582, dated 18.12.2017 “For the adoption of standards of social care services, in family home centers, for children 16 to 18 years of age”; • Instruction no. 597, dated 22.12.2017 “On the approval of the standards of social care services, home assistance, for persons with disabilities"; • DCM no. 518, dated 4.9.2018 “For community and residential social care services, criteria, procedures for obtaining them and the amount of personal allowance for the recipients of the organized service”; • DCM no. 135, dated 7.3.2018 "On the adoption of the statute of state social service"; • DCM no. 752, dated 8.9.2010 "For the adoption of guardianship standards for children in need"; • Law no. 8153, dated 31.10.1996 "About orphan status"; • DCM no. 18, dated 12.1.2018 “For subsidizing contract bindings and placing water meters for vulnerable categories”; • DCM no. 231, dated 20.3.2013 "For standards of social care services for children in need, in public and non-public day centers"; • DCM no. 505, dated 13.7.2011 "On the adoption of standards of social care services for victims of domestic violence, residential, public and non-public centers"; • DCM no. 752, dated 8.9.2010 "For the approval of the standards of guardianship service for children in need"; • Instruction no. 6, dated 21. 05. 2014, “On child placement procedures in residential, public and non-public social care institutions”.



Culture, sports and entertainment services	• Law no. 79/2017 “For the sport”; • DCM no. 306, dated 24.5.2006 “On the approval of the list of sporting goods and equipment, to be exempted from customs duties and exclusion procedures", as amended.
Culture, sports and entertainment services	• Law no. 27/2018 “For cultural heritage and museums” • Instruction no. 5110, dated 13.10.2015 “For rental and management of cultural monuments in order to revitalize • Law no. 112/2013 “For decorations, honorary titles, medals and local honorary titles in the Republic of Albania”, as amended; • DCM no. 759, dated 12.11.2014, "On professional licensing of individuals and legal persons who will exercise activities in the field of study and design in construction and surveillance and surveying of construction work as amended; • Law no.10352, dated 18.11.2010 "For Art and Culture", as amended; • Law no. 8576, dated 3.2.2000 "For libraries in the Republic of Albania", as amended; • Law no. 9616, dated 27.9.2006 "For the book in the Republic of Albania", as amended;
Municipal functions in the field of environmental protection	• Law no. 10431, 09.06.2011 "For environmental protection"; • Law 162/2014 "For the protection of air quality in the environment"; • Law no. 9774, 12.07.2007 "For the assessment and management of noise in the environment"; • Law no. 9774, 12.07.2007 "For the assessment and management of noise in the environment", as amended by the law 39/2013 • Law no. 9115, dated 24.7.2003 "For the environmental treatment of wastewater" • Law 111/2012 "For integrated management of water resources" • DCM no. 633, dated 26.10.2018 "For measures against air pollution from discharges of motor vehicles and reduction of air emissions of gaseous pollutants and solid suspended matter from positive ignition engines and compression ignition engines that burn natural or liquefied gas for use in vehicles" • DCM no. 908, dated 21.12.2016 "For the determination of measures for limiting the discharge of volatile organic compounds by the use of organic solvents in certain activities and installations" • DCM no. 352, 29.04.2015, "For the assessment of ambient air quality and requirements for some pollutants related to it" • DCM no. 246, 30.04.2014 "For determining the environmental quality norms for surface water" • DCM no. 177, 31.03.2005 "For allowed liquid discharge rates and vessel water enforcement criteria" • Instruction No.8, dated 27.11.2007 "For noise level levels in certain environments"
Administration, use and maintenance of irrigation and drainage infrastructure, transferred to their ownership	• Law no. 24/2017, dated 9.3.2017 “For the management of irrigation and drainage”; • Law no. 9817, dated 22.10.2007 "For agriculture and rural development"; • Law no. 111/2012 "For integrated management of water resources", as amended; • DCM no. 709, dated 29.10.2014 "On the adoption of the cross-cutting strategy for rural and agricultural development 2014-2020"; • Law no.8752, dated 26.3.2001 "On the establishment and functioning of land management and protection structures", as amended; • DCM no. 121 dated 17.02.2011 "On ways of exercising functions from the directorates of land administration and protection in the communes and / or municipalities"; • DCM no. 64, dated 23.1.2003 “For determining the number of employees in the administration and land protection sections, in the counties' councils and land management and protection offices, in municipalities”, as amended; • Law no. 9244 dated 17.6.2004 “On protection of agricultural land”, as amended; • DCM no. 59, dated 28.1.2005 “To carry out analysis of the values of agricultural land indicators”; • DCM no. 80, dated 28.1.2005 “On the composition, modes of operation, duties and responsibilities of state structures for the protection of agricultural land”; • DCM no. 512, dated 13.9.2017 "On defining the state responsibility of the ministry of agriculture and rural development rural"; • DCM no. 437, dated 17.5.2017 “For the creation, organization and operation of irrigation and drainage departments Lezhë, Durrës, Fier and Korçë”; • DCM no.1108, dated 30.12.2015, “For the transfer from the Ministry of Agriculture, Rural Development and Water Management to municipalities, irrigation and drainage infrastructure, personnel and movable and immovable assets of regional drainage boards”; • Law no. 8681, dated 2.11.2000, “For the design, construction, use and maintenance of dams”; • DCM no. 147, dated 18.3.2004, “On the adoption of the regulation on the safety of dams”.
Administration and protection of agricultural land and other categories of resources	• Law no. 8752, dated 26.3.2001 "On the establishment and functioning of land management and protection structures", as amended; • DCM no 121 dated 17.02.2011 "On ways of exercising functions from the directorates of administration and protection of land in communes and / or municipalities"; • DCM no. 64, dated 23.1.2003 “On determining the number of employees of the administration and land protection sections, in the counties' councils and land management and protection offices, in communes and / or", as amended; • Law no. 9244 dated 17.6.2004 “On protection of agricultural land", as amended; • DCM no. 59, dated 28.1.2005 “To carry out analysis of the values of agricultural land indicators”; • DCM no. 80, dated 28.1.2005 “On the composition, modes of operation, duties and responsibilities of state structures for the protection of agricultural land”; • Law no. 7836 dated 22.6.1994 “For the price of agricultural land for compensation", as amended; • Law no. 8053 dated 21.12.1995 “For the transfer of ownership without remuneration of changed agricultural land"; • Law no. 8110 dated 28.3.1996 “For the forgiveness of the tax on agricultural land"; • Law no. 8312 dated 26.3.1998 “For inseparable agricultural lands”; • DCM no. 531, dated 21.8.1998 “For inseparable agricultural land ", as amended; • Instruction of KM no. 1, dated 18.7.2012 “For lease procedures of inseparable agricultural land”; • Order MARD no. 234, dated 9.7.2007 “For the approval of the content and form" of the "typical contract for lease of unpolluted agricultural land, state property" and "types of demand for tenancy of agricultural land”; • Law no. 8318 dated 1.4.1998 “For the lease of agricultural and forestry land, meadows and pastures that are state property", as amended; • DCM no. 830, dated 28.12.1998 “For the criteria for calculating the annual value of lease of agricultural, forestry, forestry, meadows and pastures, state property", as amended; • DCM no. 460, dated 22.5.2013 “On determining the criteria, rules and procedures for leasing agricultural land owned by the state", as amended; • Instruction of MBUMK no. 6, dated 5.6.2013 “On the evaluation criteria and the method of calculating the criteria for the evaluation of bids for the lease of agricultural land owned by the state" • Law no. 8337 dated 30.4.1998 “For the transfer of ownership of agricultural land, forest, meadows and pastures"; • Law no. 9948 dated 7.7.2008 “For reviewing the legal validity of the creation of property titles on agricultural land", as amended; • DCM no. 224, dated 19.2.2009 “On procedures for creating acquisitions of owned agricultural land as a consequence of the corrections made by the local property valuation commission" • DCM no. 253, dated 6.3.2013 “On the determination of the procedures for completing the acts of acquiring agricultural land owned by the agricultural families in the villages of former agricultural cooperatives", as amended; • Law no. 171/2014 dated 18.12.2014 “On completion of legal procedures for the transfer of agricultural land of former agricultural enterprises owned by beneficiaries", as amended; • DCM no. 337, dated 22.4.2015 “On determining the procedures for conducting the process of transferring agricultural land to former agricultural enterprises owned by beneficiaries", as amended; • DCM no. 138, dated 23.2.2018 “On the temporary suspension of the transfer procedures owned by "agricultural land beneficiaries of former agricultural enterprises and the registration of land acquisition acts in the area of importance for the strategic investment support fund"; • Law no. 33/2012 dated 21.3.2012 “On registration of immovable property", as amended; • Law no. 7501 dated 19.7.1991 “On changed land", as amended • Decision of KM no. 255, dated 2.8.1991 “On land allocation criteria", as amended; • DCM no. 371, dated 11.10.1991 “On the criteria and rules of construction of buildings and installations on agricultural land owned and used, serving agricultural and livestock exploitation"; • DCM no. 231, dated 19.5.1993 “For lands that are refused to be owned"; • DCM no. 97, dated 15.2.2006 “On the composition of the land government commission" • Law no. 8752 dated 26.3.2001 “On the establishment and functioning of structures on administration and protection", as amended; • DCM no 410, dated 27.6.2012 “For determining the rules and procedures for changing the categories of land resources”; • Instruction of MBUMK no. 1, dated 20.2.2006 “On changing the category of agricultural land and resource categorization”; • Instruction of MBUMK no.11, dated 10.10.2007 “For reflection on documentation of changes in resource category and transfer of cadastral items"; • Order of MBUMK nr.183, dated 26.5.2011 “For utility tariffs performed by district administration and land management directories“; • Instruction of MBZHRAU no. 5, dated 13.3.2017 “For the creation of information on agricultural land by the implementation of the program sustainable management of agricultural land"; • DCM no. 994, dated 9.12.2015 “On the procedure of registration of ownership acquisitions", as amended; • Law no. 7832 dated 16.6.1994 “For the price of land that is compensated", as amended; • Law no. 7980 dated 27.7.1995 “On sale of land", as amended; • DCM no. 201, dated 26.3.1998 “On the criteria for using proceeds from the sale and lease of land", as amended; • DCM no. 35, dated 24.1.2007 “On procedures and forms of sale of land, equipped with infrastructure, for market purposes"; • DCM no 456, dated 16.4.2008 “For evaluation and sales procedures, as well as the criteria for determining the sale price of the land to the families that benefit low-cost housing", • DCM no. 1129, dated 5.8.2008 “On the manner of determining the value of the plot, put, by its owners, available to the construction investors", • Law no.133/2015 dated 5.12.2015 “On the treatment of property and the completion of the property compensation process", as amended; • DCM no. 221, dated 23.3.2016 “On the manner of organization and functioning of the property treatment agency”; • DCM no. 222, dated 23.3.2016 “On the treatment of claims for recognition of the right to compensation of property", as amended; • DCM no. 223, dated 23.3.2016 “On definition of rules and procedures for the evaluation and allocation of financial and physical funds for property compensation", as amended; • Law no. 10 239 dated 25.2.2010 “On the establishment of a special property compensation fund", as amended; • Law no. 9948, dated 7.7.2008 "To review the legal validity of the creation of property titles on agricultural land", • DCM no.1269, dated 17.9.2008 "For the purpose of the operation, and the duties of the heads of state structures responsible for the review of the legal validity of the creation of property titles on agricultural land".
Creation and administration of the local information and agricultural and rural information system, according to the legislation in force	• Law no. 9817, dated 22.10.2007, “For agriculture and rural development”; • DCM no. 709, dated 29.10.2014 “On the adoption of the cross-cutting strategy for rural and agricultural development 2014-2020”, as amended.
Administration of the local forest and pasture service	• Law no. 9385, dated 4.5.2005 “For forests and forest service”, as amended; • Law no. 9693, dated 19.3.2007 “For the pasture fund”, as amended; • Law no. 5/2016, dated 4.2.2016 “On declaring the forest moratorium”; • DCM no. 814, dated 31.12.2018 “On approving the forest policy document in Albania, 2019–2030”; • DCM no. 103, dated 4.2.20151 “On the establishment and manner of organization and functioning of the state inspectorate of environment, forests and waters”, as amended; • DCM no. 433, dated 8.6.2016 “For the transfer of ownership of forests and pastures, municipalities”; • DCM no. 632, dated 11.06.2009 “On approval of the fees for the use of pastures and meadows for grazing and mowing”, • DCM no. 1353, dated 10.10.2008 “For determining the rules for filing a claim and removal procedures from the forest fund”, as amended; • DCM no.1374, dated 10.10.2008 “For determining the rules for filing a claim and removing procedures from a grazing fund”, as amended; • DCM no. 391, dated 21.6.2006 “On the determination of tariffs in the forest and pasture sector”, as amended; • DCM no.1354, dated 10.10.2008 “To determine the damage value in the pasture fund”; • DCM no. 438, dated 8.6.2016 “For the criteria and rules of forest utilization and sale of wood material”; • DCM no.1080, dated 22.12.2010 “On the rules for the prevention and suppression of fires in forests and pastures, as well as for the creation of a voluntary firefighting unit”; • DCM no. 22, dated 09.1.2008 “For defining the procedures and criteria for municipal forest management”; • DCM no. 48, dated 31.1.2007 “For the determination of rules for keeping, composition, terms of use and replacement of uniforms and of equipment and other means, for use by forestry staff”; • Instruction no. 2 dated 3.3.2017 “For the technical requirements for the assignment of plots, group plots and forestry economies for regenerative cutting treatments, rules for harvesting of wood material for the purpose of providing firewood for heating”; • Instruction no. 4, dated 12.9.2008 “For the maintenance of the forest and pasture cadastre”; • Instruction no. 2 dated 20.7.2017 “For the technical criteria for the classification of pastures and meadows and the procedures for their provision for grazing and grazing”; • Instruction no. 1 dated 9.6.2016 “On the rules, the examination procedures and the requests for the use of the public forest and pasture fund”; • Instruction no.1 dated 26.1.2017 “For the maintenance of the forest and pasture cadastre”; • Instruction no. 4, dated 25.8.2010 "For the technical requirements for the assignment of plots and grids for use, rules for harvesting of wood material and auctioning of timber and other forest and non-wood products”, as amended; • Instruction no.4, dated 25.8.2010 “For the technical requirements for the assignment of plots and grids for utilization, the rules for the collection of wood material and the auction sale of timber and other forest and non-wood products”.
Protection of nature and biodiversity	• Law no. 9587, dated 20.7.2006 "On biodiversity protection", as amended; • Law No. 81, dated 04.05.2017 "On Protected Areas"; • Law No. 9244, dated 17.06.2004 "On Protection of Agricultural Land", as amended; • Law no. 8905, dated 6.6.2002 "On the Protection of the Marine Environment from Pollution and Damage", as amended; • Law no. 9362, dated 24.3.2005 "On the Plant Protection Service" • DCM no. 31, dated 20.1.2016 "On the adoption of the Policy Paper on Biodiversity Protection Policy"; • Law no.10431, dated 09.06.2011 "On environmental protection"; • Law No.91 dated 28.02.2013 "On Strategic Environmental Assessment"; • Law no.10440, dated 07.07.2011 "On the assessment of the impact on the environment" • Law no.10 120, dated 23.4.2009 "On the protection of the medicinal plant, the herbivore and natural tanks"; • Law no. 75/2016 On the ratification of the Paris Accord, within the framework of the United Nations Framework Convention on Climate Change • DCM no. 762, dated 16.9.2015 "On the approval of the document for determining the National Targeted Contribution towards achieving the objective of the United Nations Framework Convention on Climate Change" • Law No. 9108, dated 17.7.2003 "On Chemical Substances and Preparations", as amended; • Law no.10 390, dated 3.3.2011 "On fertilizers of use for vegetation"; • Law No. 8531, dated 23.9.1999 "On the Control of Fertilizer Fertilizers"; • Law No. 9385, dated 4.5.2005 "On Forests and Forest Service" as amended, • Law No. 9693, dated 19.3.2007 "On the Pastoral Fund" amended; • Law No. 5/2016, dated 4.2.2016 "On the promulgation of the forest moratorium"; • DCM no. 814, dated 31.12.2018 "On approving the forestry policy document for Albania, 2019-2030"; • DCM No.391, dated 21.6.2006 "On the determination of tariffs in the forest and pasture sector", as amended; • DCM no.1354, dated 10.10.2008 "On the determination of damage value in the pasture fund"; • DCM no. 438, dated 8.6.2016 "On the criteria and rules of forest utilization and sale of wood material"; • DCM No. 1080, dated 22.12.2010 "On the rules for the prevention and suppression of fires in forests and pastures, as well as for the creation of a voluntary firefighting unit"; • DCM no. 22, dated 09.1.2008 "On the determination of procedures and criteria for municipal forest management"; • Instruction No. 2 dated March 3, 2017 "On the technical requirements for the designation of plots, group grenades and forestry economies for regenerative cutting operations, rules for the collection of wood material for the provision of firewood for heating"; • Instruction No. 2 dated 20.07.2017 "On the technical criteria for classification of pastures and meadows and procedures for their provision for grazing and grazing"; • Instruction No. 1 dated 9.6.2016 "On the rules of examination procedures and requests for the use of public forest and pasture fund"; • Instruction no. 4, dated 25.8.2010 "On the technical requirements for the allocation of plots and grids for use, the rules for harvesting of wood material and auctioning of timber and other forest and non-wood products", as amended;
Local economic development	• Law 139/2015 "For local self-government". • Law 68/2017 "For the finances of local self-government". • Law no. 9789, dated 19.7.2007 “For the establishment and operation of economic zones”, amended the law no. 54/2015, dated 28.05.2015. • Law no. 45/2013 "For some amendments and additions to law no. 7643, dated 2.12.1992 “for public health and state sanitary inspectorate”, as amended. • DCM no.1081, dated 21.10.2009 "On the organization and functioning of the national food authority”. • Law no. 8224, dated 15.5.1997 "On the organization and functioning of the municipal police”, as amended. • Law no. 10 465, dated 29.9.2011 “For the veterinary service in the Republic of Albania”, as amended. • Instruction no. 23, dated 30.7.2018 “For the standard procedures for preparing the medium-term budgetary program of the local self-government units”. • Law no. 107/2014, “On territorial planning and development”, as amended. • DCM no. 1096 dated 28.12.2015 “For the adoption of rules, conditions and procedures for the use and management of public space”. • Law no. 9632, dated 30.10.2006 “For the local tax system”, as amended. • Law no. 131/2015 “For the National Business Center”. • Order no.1556.1, dated 30.3.2016 "To approve the number and spread of the National Business Center's counters”. • Order no. 2513, dated 30.03.2016 "For the approval of format forms and certificates for the performance by the National Business Center of registration, licensing and permitting functions”. • Law no. 9374, dated 21.4.2005 "For state aid", as amended by law no.10 183, dated 29.10.2009, no. 21/2016, dated 10.3.2016. • DCM no. 817, dated 28.12.2005, "On approval of the regulation” on procedures and forms of notification”.
Civil protection at the local level and administration of relevant structures	• Law no.8756, dated 26.3.2001 “On civil emergencies”, as amended; • DCM no. 206, dated 26.3.1998 “On criteria for state participation in coping with disasters in case of disasters”; • DCM no.835, dated 3.12.2004 “On approval of the national emergency plan”; • DCM no. 664, dated 18.12.2002 “On criteria and procedures for announcement of the civil emergency situation”; • DCM no. 655, dated 18.12.2002 “For the establishment and functioning of the structure of the national system of planning and coping with civil emergencies”; • DCM no. 663, dated 18.12.2002 “On the composition, functioning and responsibilities of the technical advisory commission of civil emergency specialists”; • DCM no. 654, dated 18.12.2002 “For the determination of tariffs for temporary use by state bodies, emergency situations, any private vehicle”; • DCM no. 532, dated 1.8.2003 “On the responsibilities and tasks of the department of planning and coping with civil emergencies”; • DCM no. 531, dated 1.8.2003 “On the organization, functioning, duties and responsibilities of civil emergency services”; • DCM no. 533, dated 1.8.2003 “On the participation of citizens in preventing and dealing with civil emergencies” • Law no. 111/2012 “On Integrated Water Resources Management”, as amended; • DCM no. 73, dated 7.2.2018 “On the adoption of the National Strategy for Integrated Water Resources Management, 2018–2027” • Law no. 8756, dated 26.03.2001 “For civil emergencies”, as amended; • DCM no. 655, dated 18.12.2002 “For the establishment and functioning of the structure of the national system of planning and coping with civil emergencies”, • DCM no 531, dated 01.08.2003 “On the organization, functioning, duties and responsibilities of civil emergency services”. • DCM no. 965, dated 2.12.2015 “On the inter-institutional cooperation of management structures, in cases of civil emergencies and crises”; • DCM no. 502, dated 13.9.2017 “On the determination of the Ministry of Interior's State Responsibility Field”, as amended; • Law no. 107/2014 dated 31.07.2014 “For territorial planning and development”, as amended; • DCM no. 408 “On the adoption of the regulation of the development of the territory”, as amended; • Law no. 8402, dated 10.9.1998 “For the control and discipline of construction works”, as amended; • Law no. 9290 , dated 7.10.2004 “For construction products”, as amended; • Law no. 10433, dated 16.6.2011 “For inspection in the Republic of Albania”, as amended; • Law no. 9780, dated 16.7.2007, "For inspection of construction", as amended; • Law no. 9643, dated 20.11.2006 “For public procurement”, as amended; • DCM no. 504, dated 13.9.2017 “To determine the scope of state responsibility of the Ministry of Infrastructure and Energy”. • Law no.8681, dated 2.11.2000 “For Design, Construction, Use and Maintenance of Dams”, as amended; • DCM no.147, dated 18.3.2004 “On the adoption of the regulation on the safety of dams”.
Ensuring community relationship performance, prevention and mediation to resolve conflicts in the community Preventing administrative offenses, strengthening, inspecting and monitoring the implementation of regulations and acts of units of local self-government	• Law no.7850, dated 29.7.1994 Code of Civil Procedure of the Republic of Albania, as amended; • Law no.10 112, dated 9.4.2009 “On the administration of joint ownership in residential buildings”; • Law no. 8224, dated 15.5.1997 “On the organization and functioning of the municipal and commune police”, as amended.

[1] Politics.Co.UK, “Local Government Structure”

[2] Society of Local Council Clerks ”What is a Clerk”

[3] Ibid.

[4] Ibid.

[5] Groby CIC, “Job description Clerk to the Council”.

[6] Career Trend “Town Clerk Job Description”.

[7] Groby CIC, “Job description Clerk to the Council”.

[8] Ibid.

[9] Welsh Government, “The good Councilor’s Guide”, 2016.

[10] Public Services Ombudsman for Wales, “The Code of Conduct for members of local authorities in Wales”. 2016.

[11] Welsh Government, “The good Councilor’s Guide”, 2016.

[12] Ilfracombe Town Council, “Agreed Term of Reference for the Staffing Committee”, June 2016.

[13] Oakham Town Council, “Staffing Committee Terms of Reference”.

[14] Career Trend, “Town Clerk Job Description”.

[15] Welsh Government, “The good Councilor’s Guide”, 2016.

[16] Clayden, P. Arnold-Baker on Local Council Administration, 10th edition. LexisNexis, 2016.

[17] The terms of references of the full time assistant can be shared with the Secretary on a case by case arrangement

[18] The terms of references of the full time assistant can be shared with the Secretary and the other full time assistant on a case by case arrangement