A Local Government Affair

Dear Rookie Advocate,

“indulge me for a moment, I’m actually reaching out for a bit of advice. I recently joined the Local Authority as Council Advocate. I’ll be establishing and heading the Legal Unit. It’s an exciting opportunity, but I’d be lying if I said I wasn’t a little nervous.”  

I received a request on LinkedIn from one of the newly recruited Counsel for some advice and insights into working in the Local Government system. Recently, the Local Government Service Commission conducted a mass recruitment of Legal Practitioners to fill up various roles in the Local Authorities across the country. A huge congratulations to everyone who got a new job or a promotion.

I decided to share it here for the benefit of everyone else who might need it.

I served as Director Legal Services at two Municipal Councils and as Council Advocate at a City Council. Having spent a total of six years in the system, here are some insights from my personal experience

1. Blissful Ignorance
   As the first legal practitioner at one of the Municipal Councils I worked, there was an excitement that had colleagues asking me about all things Local Government, on the premise that lawyers know everything. I didn’t know everything, but I had learnt to be comfortable with saying I don’t know, give me time to look it up.
2. A unique system
   Local Government is an entirely different operating system from the typical corporate space, so let me break it down.

   a. Your employer, as you’ve seen from your letters of employment, is the Local Government Service Commission (LGSC). Everything to do with your employment will have to be finally decided by the LGSC. If you undergo disciplinary procedures, the decision of the disciplinary committee will have to be sent to the LGSC for final action. If you resign, you receive your letter from the LGSC.

   b. If you are Council Advocate without a Director of Legal Services, you report directly to the Town Clerk or Council Secretary (the head of the Local Authority). You will have Legal Officers, Senior Legal Assistants and Legal Assistants reporting to you. All of these should have law degrees but only the Legal Officers must be Legal Practitioners.

   c. The Council, that is, the Mayor and the Councillors, are the Board in the corporate governance of the Local Authority. There are actions that Management cannot take without a Council resolution and these actions can be invalidated for lacking the authority of a resolution.

   d. There are two kinds of decisions a Local Authority must implement: Management decisions and Council Resolutions. A Council Resolution must have Minutes of the specific committee to which the matter was presented, and Minutes of the Full Council meeting that approved or confirmed the decision of the committee. This is pertinent to note as you will be dealing with a lot of issues from members of the public seeking to enforce Council decisions, the proof of which is always in a Council resolution.

   e. The committees are presided over by committee chairpersons, or their deputies and they receive reports from directors of various departments. The committee chairpersons present the committee reports to the Full Council which is presided over by the Mayor or Council Chairperson and all questions are responded to by the Town Clerk, unless they delegate to the specific director. Once a resolution is made, it cannot be changed until after 6 months.

3. Who’s the Client?

   a. Just like in any other in-house role, your client is the institution, (not your fellow employees but the institution). And as with all clients, receive your instructions in writing. It won’t always be possible but as often as you can, get things written down. It works to always carry around a notebook and pen. Even if not absolute evidence of having been instructed, the contemporaneous rule may come to your aid in case of a dispute as to the authority of your actions.

   Additionally, carrying a notebook is professional and organized. Imagine being in your superior’s office and they begin to issue some instructions. Will you now ask to use their pen? It’s even worse if you forget something and must go back to ask what exactly they said. Unless you have a Mike Ross memory, carry a notebook all the time.

   b. In the event that your professional advice on a matter is not heeded, issue a written opinion and have your superior or whoever else is concerned, acknowledge receipt. That way, you have a record of the advice you gave. People exercise short term memory when a decision stops serving them.

4. Everybody can teach
   As a newbie anywhere, and especially in a workplace, you must always keep in mind that you can learn from anybody. In a Local Authority, your pool of teachers ranges from any one of your colleagues, whether superior or junior to you. Chances are they have been in the system longer than you have and they certainly know more than you do. The pool extends to past Mayors, Councillors and former employees. Long time community members also serve as a good source of information, depending on what you need. Just be careful when you engage them as some may be out to serve their own interests.
5. Semper Consulere
   Learn as much as you can about Local Government, as quickly as you can. Draw up a list of all applicable statutes and regulations, beginning with the Constitution of Zambia which outlines the exclusive functions of Local Authorities. Acquaint yourself with them. Read through your Conditions of Service as well. Don’t feel pressured into providing a response in the moment of engagement. Request for time to study the matter, find past Council resolutions, consult colleagues with the institutional memory.
6. Find a balance
   You will quickly learn that the bulk of your job involves managing the stakeholder that is the Council and ensuring their political interests do not interfere with any legal or ethical considerations in any matter. Some requests will be made in good faith, but it is your duty to advise that it cannot be done and why. Others will be made with the knowledge that it is wrong, yet without the care because you would be the one to be held accountable as the technocrat who should have known better. An example would be- Management being requested to allocate a portion of land to a specific group of people for whatever reason. Your first point is what does the Administration of Land 1985 Circular provide about how to allocate land? Does the reason provided form part of the exceptions? Are there exceptions?

   Your job is important but your professional reputation, your practicing license and staying out of jail are more important. I always said if I ever lost my job for doing the right thing, I’d be happy to walk into an interview and state exactly why I lost my job.

Take a proactive approach to your work and refuse to conform to the stereotype that Civil Servants have a laissez faire attitude towards work. Swim against the tide for the right reasons and be so diligent in your work that you inspire your colleagues to follow your lead. If you need some motivation to excel, here’s proof that I believe Civil Servants can be exceptional https://youtu.be/XGxjK33nr1E?si=I5kAYjuNTvLbghRQ

Edwina