KUALA LUMPUR, Jan 30 — The Selangor government’s decision to raise the assessment tax rate by 25 per cent, effective from January this year, has reignited debates around city council elections and put the spotlight on the role of local government services.
The argument, at least to those who are for the third vote, is that election gives property owners and residents the power to hold non-performing councillors accountable.
But just how influential are these councillors?
Malay Mail’s brief survey of residents reveals limited awareness, if any, about the duties and powers of councillors.
We spoke to Bukit Gasing state assemblyman Rajiv Risyakaran and Medaline Chang of the DAP, both former Petaling Jaya City Council board members, to get their explanation about a councillor’s responsibilities and jurisdiction.
Who are they?
At the moment, councillors are handpicked by the state’s governing coalition.
Typically, which party helms the state legislative seat will be given priority to choose but is ultimately contingent upon the power-sharing agreement between parties in the state government.
But this doesn’t mean each party can just pick any Ali, Ah Seng and Ajol for the post.
Chang said councillors are usually chosen among party workers with experience dealing directly with local communities or those with some level of distinction in their respective careers.
Their appointment is provided for and is governed by Local Government Act 1976 (Act 171), outlined in Part II of the Act, Section 10.
For each municipality, there can be no less than eight and not more than 24 other councillors.
They are salaried but usually not amounting to more than RM2,500 each.
Councillors also have certain allowances, like for attending meetings.
What are their duties?
For example, if one is worried about the safety conditions of equipment at a particular children’s playground, the councillor representing their zone will be the best person to talk to.
This councillor can carry that message to the relevant department within the local authority and, if urgent, press for immediate remedy.
Fundamentally, councillors act as intermediaries between their communities and local authorities.
If a councillor’s duty is to be summarised in a single line, it would be to act in the best interest of residents with regard to anything related to the upkeep of the zone they represent, Chang said.
“So we are the people who have to explain to residents the laws (relating to property and town management), the rules and regulations or any projects being carried out,” she explained.
Rajiv said councillors are members of the board headed by a mayor or president that decide everything regarding their local authority, such as determining fees, enacting by-laws and how the yearly budget should be spent.
“In MBPJ’s case any decision is made collectively or in the event they disagree, it could be put to a vote,” he said.
It doesn’t have to be just about complaints.
Residents can also request for amenities or facilities that would make living better for them and their children.
For example, they can push their councillor to build a futsal or basketball court if that is in the best interest of that local community.
Do councillors have control over local budgets?
Using the request for a playground as example, a single councillor may not necessarily be able to fulfil the request because he or she does not have full control over how the budget for that municipality is being spent.
“How the budget is spent is decided by that board and no (local authority) officers can challenge it, they must carry it out,” Rajiv said.
Still, Chang said some MBPJ councillors have used money from their own allocations to help where they can, usually in the form of funding for community programmes.
They can be your monthly gotong-royong, annual community get-together or even hiring contractors to do small works like repairing a damaged futsal court, provided it falls within budget.
“Each councillor for their respective zone would get an allocation of RM150,000 annually, which can be used for these things and we are given the flexibility to decide how best to use the fund.”
Can they challenge local authorities’ decisions?
To some extent they may.
Councillors are meant to act as check-and-balance, Chang explained, so any decisions made by local authorities should be done in the best interest of the community but these decisions sometimes do not align.
This is when the councillor comes in.
“For example if we feel that the city council had been putting money into a certain programme that has been running for years but with minimal impact, we can voice our objection to the mayor and make recommendations to change,” she said.
Again, all this must be ironed out in the board meetings, usually held monthly.
Rajiv said under the current system an individual councillor has no power to call any shots.
He or she can only convey a problem or requests of his constituents in the meetings and must get the consensus to fix or approve any projects.
How to reach your councillors?
There are two ways to do this.
Each local authority is required to provide contact details of every councillor on their official website like phone number and email addresses so you can contact them directly.
The other way is to communicate via your resident’s association or community leaders, who would usually be in contact with the respective zone’s councillor’s regularly.
But keep in mind that your councillors can only solve problems that fall within the jurisdiction of local authorities, which is predominantly about managing infrastructures within the zone he or she represents.
A councillor is not empowered to meddle in personal affairs or mediate disputes between residents unless they concern problems with their properties. A councillor also has no power to scrutinise a resident’s conduct or matters relating to morality.
A councillor also has no power to determine matters of security although they may pass complaints to the police.
Chang said residents are strongly encouraged to familiarise themselves with Act 171 and understand the roles and powers of the local authorities.
