Instituti Kosovar për Qeverisje Lokale thIrd GeneratIon...1 Kosovo LocaL Government InstItute LocaL...

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Kosovo LocaL Government InstItute LocaL Governance academythIrd GeneratIon

Instituti Kosovar për Qeverisje Lokale

Akademia për Qeverisje Lokale

Gjenerata e Dytë

This Program is supported by the Friedrich Ebert Foundation and Norwegian Embassy

Instituti Kosovar për Qeverisje Lokale

Akademia për Qeverisje Lokale

Gjenerata e Dytë

This Program is supported by the Friedrich Ebert Foundation and Norwegian Embassy

Kosovo LocaL Government InstItuteLocaL Governance academy

thIrd GeneratIon

Prishtina, 2014

This Program is supported by the Norwegian Embassy and Friedrich Ebert Foundation

Kosovo Local Government InstituteInstituti Kosovar për Qeverisje Lokale

Kosovski Institut za Lokalnu Samoupravu

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TABLE OF CONTENT

ThE DirECTOr’s spEECh ..................................................................................................................... 3

WhAT is LOCAL GOVErNANCE? .......................................................................................................... 5

OpENiNG OF ThE ACADEmy/FirsT mODuLE - i DECENTrALisATiON

AND DEmOCrATisATiON ..................................................................................................................... 9

mODuLE TWO rELATiONs BETWEEN ThE muNiCipAL EXECuTiVE AND LEGisLATiVE ............... 17

mODuLE ThrEE ThE rOLE OF mEDiA AND CiViL sOCiETy

iN ThE DEmOCrATizATiON OF muNiCipALiTiEs .............................................................................. 63

mODuLE FOur CONsuLTATiVE COmmiTTEEs AND ThE suB-muNiCipAL

sysTEm OF LOCAL GOVErNANCE ...................................................................................................... 69

mODuLE FiVE LOCAL GOVErNANCE iN KOsOVO

(EFFOrTs TOWArDs EFFiCiENT sErViCEs AT ThE LOCAL LEVEL) .................................................. 75

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The DirecTor’s speech

this document is a product and achievement of the dynamic work of the Kosovo Institute for Local Governance (KILG). the document develops from an educational program known as the “academy for Local Governance”, a program which is designed and intended to strengthen the knowledge and capacities in the field of local governance. the program is an already proven platform of education in the field of local governance and democracy. over the past three years, half of Kosovo municipalities have benefited from this program and now we have already entered the second round of training of the municipalities that have not yet participated in it. representatives of the civil society, journalists and other parties have had the opportunity to participate in this program and take advantage of new expertise in the field of local governance and democracy.

apart from serving as a point of reference and informational material in the field of municipal policy-making, this document as a whole as well as its individual parts, can and should serve to the parties that in one way or another deal with public policy, governance in general, and municipal developments in particular. this document is the primary contribution of KILG’s, at the same time bringing together information from lectures, presentations, discussions, group work and visits. to put it another way, the document is the result of a joint effort, on one hand of KILG, and on the other of the contribution of the parties we cooperate with as well as the program participants.

the Program academy for Local Governance for 2014 introduced in this document has been organized in five modules, accompanied by the introductory part and the preparatory sessions as well as informative sessions.

the modules in question are: 1. decentralization and democratization; 2. the relationship between the executive and legislative at the municipal level; 3. the role of the media and civil society in the democratization process and local governance; 4. the consulting committees and sub-municipal system; 5. Local governance, with emphasis on the efficiency of local services in Kosovo.

thirty general topics are elaborated within these three modules, and each topic has covered dozens of specific sub-themes. In this content summary we refer only to the topics covered by the five respective modules.

the sub-topics in question are: decentralization in the historical, academic and inquiring aspect—the international context of local governance and local capacity development; the basic concepts of decentralization: devolution, de-concentration and administrative decentralization – the rondineli Principles; central government vs local governance (the relationship between central and local level), democratization in relation to decentralization - the case of the republic of Kosovo; the Public choice theory - Governance, institutions and democracy; state-building in relation to decentralization - the case of the republic of Kosovo; Leadership; the difference between leader and manager; the individual communication skills (listening, the ability to ask questions and speak); Public speaking: a good spokesperson and media interviews; mock interviews with participants/recording and reflecting on the interviews/training evaluation; types of Local Governance in europe: the norwegian model of local Governance, the dutch model of Local Governance; the German and austrian models of local Governance; consultation committees; the sub-municipal system of local governance; the obligations of municipalities based on sectional laws; Local governance in Kosovo (efforts towards efficient services

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at the local level); municipalities in the role of high-performance organizations; the role of municipalities in the european integration.

the academy for Local Governance 2014 was organised and held in Kosovo, macedonia, albania, thus combining the implementation of the program with study visits. In addition, during the program various KILG publications and reports in the field of democracy and local governance were presented, elaborated and discussed. during the program, panelists and speakers with institutional, academic, media knowledge and personalities from the international relief community present in Kosovo presented their feedback, information, presentations, knowledge and experience acquired.

a listing in alphabetical order follows: Adriatik Kelmendi, Editor in Chief of KOHA Vizion; Agron Maxhuni, Legal Director–MAPL; Arian Galdini, Master of Political Sciences and Public Policy; Ariana Haxhiu-Maci, Anttarc; Avni Sahiti, The Director of Reforma–MAPL; Bajrush Ymeri, Deputy Mayor of Novobërda Municipality; Begzad Sinani, Mayor of Kamenica Municipality; Besnik Osmani, Master of Science–American University in Kosovo and Secretary at MAPL, Besnik Tahiri, Executive Director– Kosovo Institute for Local Governance; David Jackson, Researcher– Kosovo Institute for Local Governance; Erion Veliaj, Minister of Social Welfare and Youth; Fatmir Haxholli, Master of European Contemporary Studies; Gunter Fehlinger, GIZ Chief of the Cadastre Team; Ilir Meta, Speaker of the Parliament-Republic of Albania; Jan Braathu, Norwegian Ambassador to Kosovo; Kai Hofman, GIZ Local Governance Program Director; Kushtim Sadiku, KLAN Kosova; Norbert Piljs, Programme Manager–DEMOS; Osman Bllaca, Programme Coordinator INPO; Petrit Zogaj, Leader of FOL; Shpend Ahmeti, Mayor of Prishtina Municipality.

this document is organised in chronological order, and has as primary audience the officials of the municipalities of Kosovo, as well as all parties interested in the field of local governance. In order to further strengthen democracy and local governance, at the end of the session of the educational program academy for Local Governance, KILG will prepare a publication for the needs of different audiences.

Yours respectfully, Besnik Tahiri

Executive Director Kosovo Local Government Institute

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WhAT is LocAL GoVerNANce?

Local governance means the right and skill to exercise competencies at local level in an independent way, through bodies which are elected directly by the citizens. Government decentralisation is the basic principle of organisation and functioning of the local self-governance. this is exercised through constitutional and legal principle of municipalities’ autonomy and it regulates the existence of the local self-governing Government in accordance with advanced concepts of the organisation of a democratic state.

european chart of Local Governance foresees the right and capacity of municipalities to regulate and direct one part public issues at local level, in accordance with law, under their responsibility and on the behalf of their citizens. this right is exercised by assemblies constituted of members elected by free polling, and executive bodies responsible to them and citizens. this provision does not prevent citizens from meeting in assemblies, referendums or any other form of their direct participation as prescribed by Law.

the organisation and functioning way of local governance as well as the relation it has with the central Government depends on the constitutional and legal definition that is defined with decentralisation of the government, autonomy, self-governance, as well as proportional administrative control aiming the assurance of the compliance with legality and constitutionality, on the occasion of exercising the competencies by elected municipal bodies.

decentralisation is a process in which the authority and responsibility on certain functions transfers from central Government into Local Governance. on the base of decentralisation stands the principle of subsidiarity, according to which, the exercise of public responsibilities should rather belong to public authorities closer to citizens, but without damaging the quality and effectiveness of providing services.

Decentralisation includes political, administrative and financial aspects, which interact and represent in core the three components of Local Government:

� Political decentralisation includes transferring of the politic authority at municipal level through a representative system based on local elections;

� administrative de-concentration includes transferring of responsibilities for issues on administration of public own-functions and delegated at municipalities;

� Financial decentralisation refers to transferring of the financial government at local level, in order to give it a bigger financial autonomy in the administration of revenues and expenses.

Local Government offers as close level as possible with citizens through recognition of the existence of identities and values, respect of fundamental rights and free-doms of citizens, provide services and other public facilities, effective exercise of

functions, competencies and fulfilment of duties by municipal bodies.

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CLiENTELism is ENDANGEriNG ThE BuiLDiNG OF GOOD GOVErNANCE iN muNiCipALiTiEs

hotel swiss Diamond 6 Feb 2014, prishtina

speakers:

� Besnik tahiri, executive director - Kosovo Local Government Institute (KLGI) � Jan Braathu, ambassador of norway in Kosovo � deivid Jackson, researcher – Kosovo Local Government Institute � shpend ahmeti, mayor of Prishtina municipality � avni sahiti, director of reform – mLGa

Topic:

� clientelism: an alternative dimension for Governance in Kosovo

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(Excerpts from the speech held during the Conference on Kosovo Local Government on the occasion of the publication of the study)

the Kosovo Local Government Institute in cooperation with the norwegian embassy and the Friedrich ebert Foundation (Fes) held a conference on the occasion of the publication of the study: “clientelism an alternative dimension of Governance in municipalities”. this study was conducted by mr. david Jackson, as part of his research with a topic about clientelism, which is within the set of publications prepared by Kosovo Local Government Institute with the aim of empowering of democracy and local governance in the republic of Kosovo.

Besnik tahiri, director of Kosovo Local Government Institute, in his speech stated: this publication was prepared during the 2012-2013 period, and it is a valuable contribution to the debate which is inter-related to good governance and the creation of a sustainable system of local government in the republic of Kosovo. the research and the publication on this topic is the first of this type in the country, therefore the Kosovo Local Government Institute hopes that with this publication we will encourage other publications as well about the clientelism in Kosovo.

as a phenomenon, clientelism is endangering the democratic functioning of the institutions of Kosovo, but knowing that the first contact point of the citizen with institutions is the municipality, the municipal level as such, is suffocating the direct local democracy;

there is a danger for clientelism to become a widely spread and accepted culture in governance, and especially in local governance, by empowering this way, a narrow circle of the local political elite, which instead of governing for a general good and public interests, is placed in the function of partial and personal agendas;

In the combination with other negative political phenomena such as, nepotism and corruption, the clientelism makes the functioning of the democratic institutions to become fragile and often times not-functional – by making the political representatives and the law enforcers as the main challengers of the implementation of legality, and as we are quite used to problems that represent the spirit, purpose or the contents of the laws and the established policies based on clientelism.

For some people, the strong decentralized system of local government is considered as means for political stability, thus bringing the decision-making to the citizens, as close as possible. But, there are others that consider this as an opportunity to misuse the power, allow nepotism and create and encourage clientelism. the publication explains this inter-relation through concrete examples. clientelism is endangering the Kosovo’s european future, in which the society should be built based on values and genuine competition, and not based on connections and narrow interests.

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the norwegian ambassador mr. Jan Braathu, was attending this conference, and in his speech he mentioned several main points that are related to the weakening of the state and the underestimation of trust and of support that the citizens build against the state as consequence of clientelistic features, which according to him bring ‘the death of the society, through one –thousand attacks”. this way, he raised the question: “What kind of society and what kind of state Kosovars want”? a question left to be answered by Kosovars, and added that clientelistic relations no doubt, lead straight to anarchy.

the mayor of Prishtina municipality mr. shpend ahemti, said that there are incentives from several circles that have built clientelistic relations, which according to him, create long term damages in the creation of democratic governance. he added that there are three elements that cause numerous irregularities which as a consequence help the clientelism: projects of infrastructure, social assistance and employment. these three elements put the citizen in an unequal position in relation to the so far established clientele. he also said that there are two rapid actions that regulate the current situation when it comes to clientelism as a phenomenon, and they are: implementation of applicable legislation and transparency.

In this conference many mayors of municipalities were present, representatives from the ministry of Local Government administration, various international missions and organizations, representatives from the civil society and other local governance actors.

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opeNiNG of The AcADemy/firsT moDuLe - i

DeceNTrALisATioN AND DemocrATisATioN

venue: harmonia hotel, republic of albaniadate: 27 February – 1 march 2014

Lecturers:

� Besnik tahiri, master of sciences of decentralised Governance and International development � Besnik osmani, master of sciences –american university of Kosovo, secretary of the ministry of

Local Government � Fatmir haxholli, master of contemporary european studies � arian Galdini, master of Political sciences and Public Policies

Visit to institutions:

� Ilir meta, President of the assembly of the republic of albania � erion veliaj, minister of social Welfare and youth

Topics:

� decentralisation in historical, academic, study aspect - International context of Local Governance and development of Local Governance

� Basic concept of decentralisation: administrative devolution, deconcentration and decentralisation –rondinel Principles

� central Governance versus Local Governance (relations between the central and local level) � democratisation in relation to decentralisation – case of Kosovo � theory of Public election – Governance, Institutions and democracy � state building in relation to decentralisation - case of the republic of Kosovo

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mr. Besnik Tahiri, executive director of KLGi

Executive Director of Kosovo Local Governance institute, mr. Besnik Tahiri in program opening pointed out that there are 4 key elements on which the program is based:

� Findings from surveys and the periodical work of KLGI; � needs assessment for capacity building of the municipalities; � methodological and professional support of the university of Birmingham; � exposures of international, local and regional lecturers.

according to mr. tahiri this is going to enable interrelation of regional practices, international theories related to local governance and the current developments, including the current needs Kosovo has.

When elaborating the theories ‘theoretical concepts of decentralisation’ mr. tahiri emphasised that before a society brings forward the policy of decentralisation, at least three prerequisites are to be met:

the first refers to the high level of central capacity of the state, because the effective implementation of decentralisation requires coordination between the levels and seeks more regulations to guarantee basic transparency, accountability and; a weak state cannot implement decentralisation in a successful manner. the second requirement is a well developed civil society.

this is important not only for the aspect of participation, but also because it would provide additional sources for information and comments and constructive critics for the local governance. the third is a political project where an organised political force supports decentralisation and ensures its implementation. We must also bear in mind that effective local governance depends on existing sources, which are adequate and sustainable.

Besnik Osmani, permanent secretary of mLGA

the concept of state organisation in relation to local governance or vice versa. In fact the 20th century has recognised the localisation and globalisation, the latter as an opportunity for development, e.g. eu and other international institutions. at the same time localisation needed large scale political and administrative movements in order not to go high above the state but to move down towards citizens;

thus, we have the sub-national concept, e.g. large states, we have the regions, provinces… there we have the administrative power, consequently we have the trend that policies have been left with the state, whereas the services to the regions; the binary concept of state building has been to have a democratic state, whereas the basic functions to be left with the local self government institutions; if we see here, with few words we have to deal with Kosovo attaching to a social, political, european trend or development… this is related to orientations and not necessarily is related to quality;

In the european card for Local self-Governance we find the dough of what local self governance is… our constitution interlocks two basic principles, subsidiary and transparency; concept of decentralisation is manifested in two forms: we have the decentralised system, but whenever needed, the state says its own final word and the local autonomy and whenever needed it is the municipality to say its own final word, thus, do we have an advanced decentralised system or local autonomy. We have a slight

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dividing line. the question is how much the state may decide regarding an issue; e.g. closure of schools in Prishtina, we want to say that we have a system of self-governance and not a local autonomy, but when we are in the position of the mayor and the state interferes, the question is whether we have a system of self-governance of or local autonomy.

our legislation has reduced state interference and has strengthened the role of courts. In no case the government may interfere to give final words, but the court, if having local autonomy according to international rules it would not be like this, but we have a highly advanced local self-governance system. In this sense, the conclusion for this matter is that we have an advanced system of local self-governance which is completed just before passing into local autonomy.

everything was applied a little bit, e.g. decentralisation, we have the autonomous competences of the municipalities which belong to central level, we have also had deconcentration of the power which has not been left to the hands of local bodies, it has come down closer to the citizens but it has still remained in hands of the government to finally decide, thus, it is a form of decentralisation where the authority remains to the government, whereas the functional authority remains to the municipality. We also have privatisation of services provision, with our legal framework, public services that should be offered to the citizens, possibilities have been left to provide them through private services.

collection of waste has been left as a competence of municipalities, what we have in this case is the fact that the state believes in a service of a private operator. so, with growth of the private sector in a certain field, we pass into provision of services what in the modern world has passed to private service provision. In modern countries, administration is done by the municipality, whereas provision of services is done by the private companies. a relation is established between administration and economy.

as for territorial organisation, history recognises the concept state - city, or as the metropolitan zones are known, they are state-city, and if their competences are analysed, we may find a state in a state, only matters of sovereignty, but when quality is in question, state - cities have been allowed and they have become like promoters of their economic development from 1945 to 1990-ies. after 90-ties, we see a trend where these state-cities have become very powerful as they came to a position as to risk the main functions of the states, and accordingly the power of these state-cities has decreased and lower levels have been foreseen by preserving the developed trend but also by disintegrating the trend of monopolies. We need locomotives of economic development. do we need to have single level competences, such as Gjilan and ranillug... I would say, no. to go away from the uniformed concept.

so important is the balanced division of economic, financial resources, today it is easy to be a mayor because 80% of it you do not collect but you take as readymade... the most important work is to collect ... unfortunately we have remained in a level where 15 % is collected in local level, 85% from the central level... almost 45% of the budget of the country is in the hands of mayors and 55% of the government.

mr. Besnik Tahiri, Executive Director of KLGi

during the lecture for the attendants of the program “Local Governance academy” he raised several matters which are important and which are related to explaining the aspects of decentralisation, principles of good governance, relationships between central and local level, intergovernmental fiscal relations, clarification of competences over all matters, establishment of continuous communication in order to reduce the disagreements in between the two levels.

In the introduction he pointed out as follows: ‘the national public good is best served when the public local good is represented in its best way’; the aim of the constitution is to provide competences according to local interests in order to create the sphere of dividing the powers; however, regardless the local interests and the national interest will match or sometimes will even be in contradiction.

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intergovernmental fiscal relations

Fiscal balance between the functions and sources in all levels; determining the sources of income; distribution of income; grants: block and specific ones; access to financial credits. Fiscal inspection: ensuring fiscal sustainability; resources used in effective and efficient manner.

central - local relations, Include the state - local relationships in the central system; formal relations: Legal ground for cG/LG; defining the intergovernmental income & transfers; central regulations and controls. Informal relations: political; professional; associations of LG; media, civil society.

Clarification of competences

definition of general authorisations of the municipalities on issues which have not been regulated and determined for other governmental bodies; municipalities must adjourn the strategic review of laws for intergovernmental finance, natural resources and public enterprises and issues for environment protection in order to ensure clarification/amendment of municipal competences, as needed;

the central level must engage in preparation of administrative instructions with the purpose of supplementation of laws, these must be carried in cooperation with municipal leaders in order to incorporate municipal principles for development, to avoid challenges for the functionality of administrative instructions to be weakly reflected without clear legal guidance from the central government.

Building of mechanisms for reducing disagreements

development of coordinating mechanisms between mLGa and respective ministries for drafting the legal framework to avoid overlaps and contradictions to the sector level laws;

review of strategic options for settlement of disagreements, in particular the possibility of mLGa to take the primary function of settlement of disagreements between the municipalities and respective ministries; regulating follow up and reporting from mLGa for implementation of recommendations given to municipalities;

mLGa must enhance monitoring and evaluation of municipalities in relation to applicability of laws and other acts regulating or pertaining local governance. he stressed out that the first confrontation of the citizen with the state and its services is the municipality, when municipalities have had good results, the state has had success.

Visit to Central institutions of the republic of Albania

mr. Besnik Tahiri, Executive Director of KLGi

at the opening of the meeting, the executive director of Kosovar Local Governance Institute mr. Besnik tahiri notified the President of the Parliament meta related to the program, delegation and the purpose of the visit stressing out:

aims of LGa are focused at support to governance and local democratisation in Kosovo. more exactly, this program discusses topics which are related in between the central (government) and local level (municipality), the legal framework regulating functioning of central and local government. above all, issues and program policies are discussed, related to stimulating development of local governance and decentralisation in the country.

Within the program, there are 40 members, mayors and deputy mayors, Presidents of municipal assemblies, whereas the other participants are from the level of directors and chiefs of parliamentary

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groups. Participants come from 6 municipalities; the group of officials comes from various nationalities, parties and regions.

In this aspect, KLGI, along with the senior officials participating in the academy for Local Governance wishes to get better acquainted to the successes and challenges that you as institutions have. above all, we wish to get better acquainted with your work and engagement, more exactly with the relations between the assembly and the local government.

mr. ilir meta, president of the parliament of the republic of Albania

I am not the most suitable person to inform you about the local governance, as I have never been in the role of the local government.

I may inform you that the republic of albania is currently involved in a administrative and territorial reform, this appears as a result of the fact that albania has a fragmentation of local units. We have many municipalities, many districts and town halls which help this fragmentation, majority of local units do not produce more than 1-3 % of own source budget and what needs to be covered by the central government.

Fragmentation also impedes investment, because to make an investment, first the Licence is required from the municipality, town hall and in the end also from the district. many of the local units do not reach the possibility to have capacities and cadre in certain fields, therefore, we are not the best scenario to learn about the local governance but we must learn from you. We face problems with the standards and services, problems in development of the municipalities that many of them be followed to the central governance.

We do not need all these employees at the local administration, because the budget is extremely overloaded, for this reason we need to undertake reforms in order to increase efficiency of the municipalities by lowering the expenses and increasing the quality of services, reform also is going to help on raising the sustainable debate between the local units and the central authorities, government and parliament.

Erion Veliaj, minister of social Welfare and youth

at first, minister veliaj notified about the role of the ministry he is directing, emphasising that this department is managing with 27% of the budget, while being home of 2/3 of the citizens of the republic of albania, then, he emphasised that the ministry he is directing includes net of welfare, social services and those of assistance, the religions’ committee, child Protection agency, Work offices, youth issues and many other fields that interrelate with welfare and youth.

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We have decreased staff for 30% and also have established new practices for grant – social assistance distribution, assigning women (head of family) as managers, these practices are based on the fact that women are better managers in regards of family demands and needs.

Policies are not those we follow every day on news, “policy” has to do with the muscle of the state in order to regulate life of the citizens.

employment – We are engaging in strengthening the employment Generation agency, but we are facing with a gap between the qualified of the labour market and absorbing capacities

We are working for the advancement of professional schools which meanwhile are facilitating the growth of the perception and evaluation for each work not remaining only within the margins of heavy works meaning as “filthy”, many of those who work in professional work places treat this as “filthy work and clear money”, also the employment of militants should be stopped in order to employ professionals.

We are advancing the access into work offices with the concept “5 minutes to receive an answer”, this is an investment that is called “matching institution”, because for many of us this is institution number one, even if we cannot offer a job to a citizen, at least we say him/her a good word. our mission is intercession of market since 80% of the unemployed in albania have returned from emigration and each of them has at least one vocational qualification.

my message is to keep in touch continuously with citizens looking at their demands and needs as this is the real contact.

Arian Galdini, master of politic sciences and public policies

mr. Gadini starts his lecture with the citation that “In order to achieve power one should wear the politic dressy, but in order to implement it you should the dressy off. there is no public policy that satisfies every citizen, but a good public policy should receive citizens’ satisfaction”.

he continues making a comparison between consolidated democracies and Balkan states which aim to become so. “In consolidated democracies decision-making wills are bought, and not the votes via clientele principle. Politic decision-making in Balkan is directed towards informal groups, and as a consequence of this, the public policy encounters difficulty in addressing citizens’ interests. the public is detached from this process. every decision that is made in Balkan has the black shadow of informality” – he explained this to participants. as a concrete example he gave the one of constructing roads from 2001 to 2009, which was regarded as of priority for both albanian governments. most of the roads were funded by european union, but in the end, they were not constructed in compliance with standards! there was propaganda with them to win elections, but when it turns on the public side everything is different. the reality on paper and the reality in practice do not match”.

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mr. Galdini explained also the importance that the transparency and decision-making has in a public policy, taking as example the last protests against chemical weapons in albania. What missed in the public communication with citizens was placing citizens in front of reality. they said “no”, because of their ignorance and fear. this was the biggest people’s protest (apolitical) after 90s, and the government did not communicate with citizens. But, after the decision was made, they directed to the mass saying that they had lost a good chance. hence, citizens were put in dilemma asking themselves “what if we had agreed”, and this question is as a result of the lack of transparency from government, policy propaganda, and policy of dilemmas, notwithstanding that public policies are not policies of dilemma. there the citizens participate in decision-making – said mr. Galdini.

Furthermore, arian Galdini made a critical observation on public policies in Balkan, identifying also the guilty because they cannot be called public. “unfortunately, the public policies in Balkan are a violence of state and citizen, thus, damaging the atom of citizenship. Politicians are facing with citizens only for economic benefits and not for the social impact. When politicians consider their service as a favour, then it is there where the public policy ends. It is their duty to serve because citizens are tax-payers from who they receive salaries. arrogant officials, who consider their offices as patriarchies, cannot develop public policies” – was the critic of mr. Galdini addressed to politic officials.

In the very end, the lecturer gave his full message on how should a public policy be. “Public policy becomes public when the vision of politician goes for a close communication with the public. Public policy starts with ‘I’ and ends with ‘we’. In democracy, the citizen becomes the co-author in compiling long-term policies, because the key element of a good policy is its long-term applicability. Public policy should build communitarian principle. When compiling a policy, the beneficiaries should not be only a group of citizens but rather a whole community”.

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moDuLe TWo

reLATioNs BeTWeeN The muNicipAL eXecuTiVe AND LeGisLATiVe

Visits/meetings:

� meeting with the minister of Local self-Government mr.tahir hani and the minister’s cabinet � meeting in municipality of tetova, ms. teuta arifi and assemblyman mr. hisen Xhemaili � visit to municipality of Bogovina, meeting with the mayor mr. hazbi Idrizi and municipal staff � visit to municipality of Gostivar, meeting with the municipal executive � visit to municipality of struga, meeting with the mayor of municipality, mr. Ziadin sela � visit to state university of tetova (sut), meeting with the rector mr.vullnet ameti � visit to university of southeast europe (usee), meeting with mr. andrew Goodspeed, vice rector

for academic Issues and mr. agron rustemi, vice dean in the Faculty of Public administration

Lectures:

� Presentation (Good Governance) mr. Besnik tahiri, m.sc., Local Governance and International development

� organization and Functioning of Local Government (legal aspects), mr. agron maxhuni, Legal director – mLGa

� relations between the municipal assembly and mayor, mr. Besnik tahiri, m.sc., Local Governance and International development

� Inter-municipal cooperation, mr.agron maxhuni, Legal director – mLGa and mr. Besnik tahiri, m.sc. Local Governance and International development

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Without governmental support, decentralization is failed

this was a finding at the closure of the first module of the educational programme Local Governance academy organized by the Kosovo Local Government Institute during the study visit in the republic of macedonia.

Besnik tahiri, executive director of the Institute, while analysing the decentralization process in the countries of the region, noted that the local reform process in the Bosnia and herzegovina, derived from the dayton agreement, the Kosovo process deriving from the comprehensive package of the President ahtisaari and the macedonia process, emerging as a result of ohrid agreement, are at risk of failure should the lack of support of central government continue.

tahiri listed three reasons for decentralization to be successful: the first refers to the high degree of state’s central capacity. as the effective implementation of decentralization requires coordination at various levels, more regulations to guarantee basic transparency and accountability. a weak state cannot successfully implement the decentralization.

the second requirement is a robust civil society. this is important not only from the participatory perspective, but also because it could provide additional sources of information, feedback and constructive criticism to local government.

the third is a political project, whereby an organized political force supports decentralization and assures its implementation. also, we should bear in mind that local effective governance depends on the existing resources, which should be adequate and sustainable.

“although there is talk of decentralization, municipalities have no funding to exercise their functions, which makes the job of delivering high quality services to the people very difficult. It is therefore necessary to discuss issues and models of effective local governance,” said tahiri

as part of the study visit, participants had an opportunity to meet the minister of Local self-Government, mr. tahir hani, mayor of tetova, ms. teuta arifi, mayor of municipality of Bogovina mr. hazbi Idrizi, mayor of municipality of struga, mr. Ziadin sela and the executive of the municipality of struga.

through these meetings, programme participants were introduced to relations between municipal executive and municipal assemblies, implementation of decentralization process, functionality of municipality and service delivery by public utility companies, along with many topics related to good governance and inter-municipal cooperation.

the programme involves 40 participants, mayor and deputy mayors, chairpersons of municipal assemblies, while other participants are at the level of directors, caucus leaders, etc. this group of officials comes from municipalities (Prizren, Gjilan, Klinë, Kamenicë, shtërpcë, Podujevë and Graçanicë), the programme also includes participants coming from governmental institutions, independent mechanisms and civil society organisations.

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meeting with the minister of local governance of the republic of macedonia, mr. Tahir hani

minister hani, at the outset of our discussion, said: there was always confrontation between the local and central level. the decentralization process in the republic of macedonia was carried out through Badenter principle and was at a sustainable stage of transfer of competences.

minister hani said that the local government accounts for 6.36% of the entire budget of the republic of macedonia, while one percent (1%) of the total budget of the republic of macedonia is dedicated to equal regional development, based on the law on equal regional development.

The legislation the area of local government is as follows:

� ohrid Framework agreement; � Law on territorial organization; Law on Local self-Government; � Law on equal regional development; � Law on state Inspectorate of the Local self-Government ; � Law on inter-municipal cooperation, and � Law on the city of skopje

republic of macedonia has 84 municipality and municipality of skopje, with 2 or 3 new municipalities expected to be established. the pillar of the ohrid agreement was decentralization. municipalities have good fiscal decentralization. In 2002, republic of macedonia, under the ohrid agreement, was divided into 80 municipality and the city of skopje, which in itself has 9 municipalities.

macedonia is divided into 8 regions. the smallest municipality is the municipality of veçani, with approximately 3.000 inhabitants, while other major centres are skopje, with around 300.000 inhabitants, municipality of Kumanova with about 100.000, and tetova and manastiri. albanians in macedonia constitute more than 25% of the population.

In the end, minister hani said that proper management of public goods was very important. If the management is adequate, there will also be political stability, otherwise, the country is headed for destabilization.

meeting with the mayor of Tetovo, ms. Teuta Arifi

mayor arifi, in his introductory remarks said: municipality of tetovo is the second largest municipality of macedonia, and home to two universities. there is a full political equality in macedonia, in terms of use of languages, culture, symbols, etc. Fiscal decentralization, he said, was key to proper functioning of a municipality.

value added tax in macedonia is 16%, however, 4% is returned to

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municipalities. municipality of tetovo has decreased utility costs by 4 times compared to previous governance. there has been a collective decrease of salaries, from mayor to lower salaries. municipalities may function if they spend wisely.

the mindset and mentality of Balkans is general central and patriarchal and the decentralization therefore has encountered considerable difficulties in this region. some municipalities of maceodnia have tried to connect to municipalities of Kosovo in order to absorb eu funding through IPa programme. however, some municipalities of Kosovo have entered into double agreements, which are otherwise prohibited and therefore the inter-municipal cooperation is halted.

tetovo has around 86.000 inhabitants, and the number of inhabitants serves as a basis for determining the number of assembly members. municipality of tetovo has 31 assembly members. the budget of the municipality of tetovo is 25 million, of which 5-6 are capital investments. municipalities manage the primary and secondary schools, with programmes decided through municipal council.

tetovo has 7 sectors, which in Kosovo are known as directorates. a former sector head is now a mayoral candidate. municipal inspectorates verify the constitutionality of municipal decisions. decisions in the municipality are reached through a double vote.

as a mayor, I have decided to strengthen the sectorial rather than cabinet team, as sectorial policies are best promoted by placing competent people in places directly affecting service delivery.

Visit to university of Tetovo, meeting with rector mr. Vullnet Ameti

university of tetovo was established in 1994. there are 11 faculties, with 47 study programmes. In 2013, it admitted 4,000 new students, with an additional 5,400 expected to be admitted next year. social mobility is done through the university. university plays a key role in building a society. university of tetovo and municipality have developed a project related to preservation of biodiversity in sharri mountains.

during their visit, participants of the Local Governance academy had an opportunity to see the importance of higher education in preparing a generation capable to provide better governance at the municipal level, but also broader. also, universities served to promote awareness on the importance of regional integration among the youth.

Visit to university of southeast Europe (usEE), meeting with Vice rector for Academic issues mr. Andrew Goodspeed, and Vice Dean of Faculty of public Administration mr. Agron rustemi.

university of southeast europe (usee) was established in year 2001 and has 5 faculties. It is accredited by the ministry of education of macedonia. university is self-supplied with energy, through its solar and wind generation plans. an additional component in this regard is the impact to improve the profile and the image of municipality of tetova through education, preparation of youth but also conveying the message that the municipality is interested to invest in the area of education.

the visit to university of southeast europe allowed participation to see first-hand about management of university, the importance of curriculum and curriculum content on governance, justice, administration and other areas.

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Lecture of mr. Besnik Tahiri, m.sc. Local Governance and international Development - “Good Governance”

tahiri, while talking about the meeting at the ministry of Local self-Government in macedonia stated that the law on equal development of regions is lacking in Kosovo. In Kosovo, ministry of Local Government administration has a referee role, but it was clear that municipalities have lost due to double application with eu funds.

regarding the discourse that a good mayor is not a saving mayor, it is my view that you can’t be a good mayor if you cannot invest in what generates development and welfare.

tahiri then started his presentation on Good Governance.

Definitions and dimensions of Good Governance:

� the World Bank defines good governance as safe management towards country’s development. � undP calls it the exercise of political, economic and administrative authority to manage the affairs

of a country. � usaId relates it with democratisation efforts. Focus on human rights, accountability in the public

sector, rule of law, free markets, civil society, pluralism and peaceful conflict-resolution.

Three dimensions of Good Governance are: country, private sector and civil society.

� unions have a major role in democracy. � there are two aspects of governance: � technical and representative “arrogance is politician’s suicide”. � Policies are usually decided on what is called “Kitchen cabinet”.

principles of Good Governance are:

� Participation; rule of Law; � transparency; responsiveness; � consensus; � equality and Inclusiveness; � effectiveness and efficiency and accountability.

Governance is culture. A good governance is difficult to attain.

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Besnik Tahiri Executive Director Kosovo Local Government Institute

Kosovo Local Government Institute Instituti Kosovar për Qeverisje Lokale Kosovski Institut za Lokalnu Samoupravu

Tetovo, 21 March 2014

Purpose of Presentation/Module

• Provide definitions of governance

• Relationship between the governance and government

• Basic concepts and principles of good governance

• Three primary dimensions of governance • Good governance in relation to relevant institutions (international, national, local) • Principles of good governance and applicability into the local context • Diskutim në grupe & Prezantim

Definitions & Dimensions of Good Governance

The World Bank: ‘governance defined as a manner of

discharge of power for management of economic and social resources of the country for development. Good governance, to World Bank, is synonymous to management of sound development’ (The World Bank, 1992: 1).

UNDP: ‘Exercise of political, economic and administrative

authority to manage affairs of a country …Sound governance, seen a step further, is a subset of governance through which public resources and issues are managed effectively and in response to critical needs of the society’ (UNDP 1997: 9).

USAID: relates to democratization efforts; involves focus

on human rights, accountability in the public sector, free markets, civil society and relations between the state and society to encourage pluralism, inclusiveness and peaceful conflict resolution’ (USAID 1996). DfID: Good Governance means promoting ‘sound

economic and social policies … competences of governments and other institutions… and respect for human rights and rule of law’ (Chaulker 1991).

Government plays a role in governance and ‘delivers a set of

governance objectives’, through which the governance identifies the needs of society and translates those into policies (Pierre & Peters 2000: 31). Government is the political culture, structures and processes

through which governance is conducted. It also relates to other actors in addition to government,

including private sector and civil society (see UNDP 1997).

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State

Private Sector Civil Society

State Parliament Executive Judicial systems Law and order systems Civil services Electoral systems, etc. Private Sector Private enterprises Trans-national

Corporations (TNC) Regulatory frameworks,

etc.

Civil Society NGOs Community organizations Cooperatives Syndicates Professional associates Media Interest groups Tribal groups Consumer groups Religious groups, etc.

Group Discussion

What dimension is the most relevant for the

context of the Republic of Kosovo?

What are relations between the three dimensions in governance of the country?

What is good governance?

Is it good or bad?

Good governance is defined as a system of values, policies and institutions through which the governance manages political and economic processes by facilitating interaction between the government, civil society and private sector. In this context, there are two aspects of governance: Technical – which consists of how and what should be done

Representative – who takes the decisions

- Good governance is one of the key factors for consolidating peace, development and prospects of a state

- Good governance is a difficult ideal to attain, as many

countries, organisations and institutions managed to come close to this goal

- however, if societies aim to achieve sustainable social

development, concrete and measurable actions should be undertaken in pursuit of this ideal.

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Impact of institutions on Good Governance

Good Governance concepts may be applied in several contexts: International level - Development organizations - Donors - Embassies and NGOs National level: Local level: - Government - Region or district - Private sector - County or municipality - Civil society - Village

Recall: ‘Government is merely one actor of governance”

At central level, actors in decision-making are international community, media, civil society, multi-national corporations, financial institutions, etc.

At local level, depending on the context, religious leaders, farmers, local NGOs

have a role in governance In this sense, good governance may be influenced by informal aspects,

irrespective of the fact that in certain contexts, the impact of these methods is major.

As the decision-making derives from a process of implementation of governance policies, it is important to always analyse the relationship between formal and informal structures and their impact in decision-making.

Applicability of Good Governance concepts

All actors except for government and the military are grouped as ‘civil society’.

In some countries, in addition to civil society, organized crime has considerable impact on decision-making

At the national/central level, the decision-making process is affected by informal structures, such as ‘Kitchen Cabinets’ and informal advisors that exist especially in the countries in development and transition.

In rural areas, tribes, religious leaders, large families influence the public decision making.

Such decision-making practices result in corruptive decision-making practices.

The governance is ‘good’ only when: 1. Political, social and economic priorities are based

exclusively on a consensus in society

2. The voice of all has been heard by decision-makers in order to allocate the country’s resources fairly and equitably.

Principles of good governance

Eight principles of good governance

1. Participation

2. Rule of law

3. Transparency

4. Responsiveness

5. Consensus

6. Equality and inclusiveness

7. Effectiveness and efficiency

8. Accountability

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Equal participation of men and women is the key or the foundation of good governance

Participation can be ensured through: - Legitimate institutions, who have this duty, or - Through representatives / elected representatives. It is important to note that representative democracy not necessarily treats the

requests and concerns of the part of society, which has difficulties to be represented in the decision-making

The participation should be informed and organized, which means the right to

and freedom of expression on one side and an organized civil society on the other

Good governance requires a fair legal framework, which ensures impartial implementation

Full and impartial implementation of the law requires independent

judicial institutions: and impartial and uncorrupt courts, prosecutions and police.

Also, the rule of law in good governance means full protection and

guarantee of human rights, especially of the minorities.

Transparency means that decisions taken and their implementation has been done in a way that entails full compliance of applicable laws and regulations.

Transparency also means that information is available to citizens and

access to it is allowed, especially for those directly affected by these decisions.

Also, transparency means that citizens have sufficient information

about decision-making.

Good governance requires institutions to be responsive and ready to serve all parties (stakeholders) involved in public policy

Under the concept of good governance, the institutions should

respond to parties within a reasonable timeframe. Readiness to address issues not necessary serving the elite leading

the government

There are several actors and as many viewpoints in specific societies Good governance requires consultation and even mediation between

various interests of the society in order to achieve an overall consensus over what constitutes best interest for the community and how to attain this goal.

This consensus requires identification of a long-term perspective over

what exactly is required for sustainable development This consensus may be achieved only when the historical, cultural and

social context of a society is understood.

The welfare of a society depends on whether or not all its members have the sense of belonging and inclusiveness in social processes.

For that too happen, all the social groups, especially those

marginalized groups, should have an opportunity to improve their welfare.

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The good governance occurs only when institutions produce results

that meet the needs of society by making the best use of the resources available

The concept of efficiency in the context of good governance also

contains sustainable use of natural resources and environment protection

Accountability is the basic requirement and pre-requisite of the good

governance Not only the governmental institutions, but also the private sector

and civil society should be held accountable before the public. Accountability cannot occur without transparency and the rule of law.

- The good governance is the main factor for development and prospects of a country

- The good governance is not such an easy ideal to attain

completely, seeing as not many countries, organizations and institutions managed to come close to this goal.

- However, in case societies aim to achieve sustainable

development of society, concrete and measurable actions have to be undertaken to achieve such ideal.

Thank you!

Lecture by mr. Besnik Tahiri, m.sc. Local Governance and international Development – mayor of municipality, representative or dominator

tahiri stated that in essence, presentation aims to clarify the position of the mayor as the key institution in the triangle mayor (executive) – municipal assembly (legislative) – citizen (civil society). the key finding emerged as a result of KLGI’s work is that the role of the mayor’s institution in the local governance system of the republic of Kosovo requires more checks and balances and above all, internal institutional accountability as well as towards the public.

during workings of the municipality, it became clear that the very strong role of the mayor’s institution on one side and the passive role of the municipal assembly on the other, combined with the civic apathy, results in a democratic deficiency, which is of concern to local governance development now and in future.”

this situation may be explained with the lack of useful practices and clearly defined arrangements that would ensure accountability of the mayor towards the people. In addition, a generic democratic culture, which will hold the mayor continuously accountable is inexistent after the end of electoral cycle and mayors are free to govern by disregarding people’s preferences.

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electoral participation and knowledge of people about the accountability mechanisms are general low and there is little interest for decision-making processes. this is also the result of mayors’ continuous failure to encourage broader participation in consultative committees and by obtaining very limited results from public debates. most of municipalities have established informal systems of consultation of other actors, including civil society. developing the control mechanisms at public level has not been stimulated enough by mayors who control the budget for funding support to civil society.

Last, but not the least, this publication explains the domination of the mayor as a result of a culture of passivity that permeates most of municipal assemblies throughout. the lack of horizontal accountability raises yet another question about the institutional design (arrangements). this is attributed to the lack of separate budget line for the municipal assembly, and in some cases, lack of basic resources, including offices, other equipment necessary for efficient work and exercise of their responsibilities. their passivity is deteriorated by a political party system, that place the loyalty to the party above the needs of the people.

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‘MAYOR OF MUNICIPALITY–REPRESENTATIVE OR DOMINATOR?’

- A CONTRIBUTION TO STRENGTHENING THE INSTITUTIONAL ACCOUNTABILITY AND

TRANSPARENCY AT LOCAL LEVEL -

MsC. Besnik Tahiri

Strugë, 22 March 2014


Experience of KLGI

• Research and evaluation of institutional needs

• Provide advice in policy-making and legislative processes

• Provide specialized training on local governance

• Build local governance capacities

• Bring international experience and practices

• Publications and expertise

Aims

• The publication aims to clarify the positions: Institution of the mayor (executive) Municipal Assembly (legislative) Citizens (civil society) • Publication argues that the powerful role of the

institution of the mayor on one side and rather passive role of the Municipal Assembly, combined with civic apathy, results in occurrence of democratic deficiency

Relies on:

• Experience and knowledge of the institute on Local Governance

• Request of local levels – municipalities, as a result of LGA programme

• Relation to the scope of international and local organizations

• Matches the trends of power deconcentration, necessity for democratisation and fits the need for strengthened institutional capacities

Domination of Mayor

• Transformation in the area of local governance • Lack of separate budget lines for Municipal

Assemblies

• The role of opposition towards the citizens

Mayor vs Municipal Assembly

• Strengthening the role of Mayor vs Municipal Assembly

• Interference of party mechanisms in local governance

• Dualism and uncertainty for discharge of responsibilities

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The Mayor administers Administration

• Appointment of department directors

• Control over civilian staff

• Lack of harmonization between the political vision and civil service

• Political chain in selection of school directors

Mayor and other actors – civil society, media

• Monitoring of municipalities by civil society

• Restrictions of mayor in legislation

• Consultative committees and local councils

• Subsidizing NGOs, objectivity of civil society

Mayors: bringing people closer to government or pushing them further?

• Transparency and accountability

• The level of communication and quality of public relations

• Effective communication and participation of citizens in developing and drafting municipal policies

The role and function of the information offices

• Consolidation of municipal information and communication offices

• Objectives of municipal regulations regarding transparency

• Contacts of municipal assembly members with the public

Conclusion

• Progress in consolidating direct democracy; lack of civic engagement and apathy

• Role of municipal assemblies in monitoring and control

• Appointments of department directors

• Competences of mayor and power of citizens in decision-making and budget planning

• Civil society in relation to funds of municipal institutions

Recommendations

• Mayors of municipalities should establish a clear platform of communication; through that, they should ensure comprehensive and transparent policy-making.

• Public Information Offices should ensure greater access of public; the staff should be increased along with resources and adequate technology

• Mayor should encourage establishment of sectoral committees

• MLGA and Association of Municipalities should initiate pay raises for municipal assembly members and ensure adequate space and technical support.

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• Selection of directors through a competitive (professional) process, based on clear criteria

• Establishment of separate budget lines for civil society organizations: funding should be subject to an impartial decision.

.

Thank you!

www.klgi-ks.com

meeting with the mayor of municipality of Bogovina, mr. hazbi idrizi

mayor mr. Idrizi said that it was his fourth term as the mayor. he said that Bogovina was located at an altitude of 480 m and has about 30,000 inhabitants. In 1996, a territorial split occurred involving Kamjan and Bogovina, while in 2004 there was a new occurrence, merging of Kamjan with Bogovina. “there is a positive trend with the new division of municipality”. We have now managed to issue building permits electronically.

We have cooperation partnerships with elbasan under an eu funded project. In terms of vat, 4.5% of it is returned to municipality, while other revenues collected by municipality are property tax, urbanism, sales tax, etc. mayor Idrizi also briefed participation on developments in municipality, processes unfolded since the decentralization and challenges of the municipality.

also, mr. Idrizi explained that for improving the municipal budget or increasing the revenues more taxes and fees need to be paid, in order to increase the welfare of municipality. all obligations paid to municipality are returned through various projects that improve the school infrastructure, roads with the ultimate goal of improve the people’s satisfaction with service delivery.

meeting with the executive of Gostivar

representatives of executive noted that Gostivar was one of the 5 largest municipalities of macedonia. there are around 80,000 inhabitants. It represents a model of civic coexistence, of how various ethnicities should live alongside, of which 65% are albanian, 19% macedonian, while the rest are roma, turkish and Bosniaks.

municipal council of Gostivar has 31 councillors: 21 albanian, 6 macedonian, 2 roma and 2 turkish. the council proposes the plans while the mayor and his/her administration executive them. In order to

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adopt a plan, at least 16 of municipal councillors have to vote in favour. municipality has 6 sectors, four of which have been retained from before. there are also two public enterprises.

With changes to Law on regional organization in 2005, municipality of Gostivar was joined by 4 other municipalities. under decentralization, these municipalities were given authority over urbanism (e.g. issuance of building permits). education, specifically primary and secondary, were also transferred to local government. however, school infrastructure is still under the authority of central government. Gostivar has a budget of around 16 million euro, 3 of which are for capital investment, with 122 employees.

meeting with the mayor of struga mr. ziadin sela

the delegation was welcomed by the mayor, Ziadin sela, who at the meeting, informed the participations of decentralization process and other features. mr. Besnik tahiri also wanted to hear more from the mayor of struga about the achievements and problems in the area of decentralization.

mayor of struga, ziadin sela, in response to this question, said:

’‘’along with assumed competences, we also inherited obligations, including debts. specifically, a debt of public enterprise “Proaqva” dating since 1998, for which to date we paid 1.4 million eur, while municipality of ohrid failed to pay a single dime. however, the investment ratio was 90 to 10 in favour of ohird. there are no asbestos pipes in ohrid, but struga still has some. We also have other problems as a community, which have been referred to in the ohrid agreement, but have not been addressed to date.

an issue covered by the ohrid agreement is decision-making, which sanctions Bandenter principle, which after 10 years, clearly indicates failure to meet the needs of this population to curb majorism. Quite the contrary, the principle is used to restrict municipalities, even with albanian majorities. the principle is applied to block them.

decentralization of power is also another issue specified under the ohrid agreement, wrought with considerable difficulties. realistically, there is no decentralization of power in all respects. In urbanism, for example, while we may issue building licences and such, the ministry of transport and connection still retains the ultimate authority.

We may initiate a public debate with the public to adopt a general plan, which may then be submitted to the council, properly reviewed, and voted on at the proposal of municipality. this is carried out by a private company, which will develop the plan technically. We may spend one year worth of effort and money for the company, however, the responsible minister may still refused its adoption. It is a very difficult position, focused around interests and retention of power.

there are also issues in education; we inherited schools with blocked budgets, and we continue to have problems with funding allocation. the allocation is disproportionate to the prevalent situation. We have classrooms with 5 students. this way, 90% of funding is dedicated to salaries, because it is difficult to carry out consolidation of classes without creating social problems.

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In terms of budget, 3.5 of vat returns would resolve many issues, however, this is not being done. this, combined with the law on regional equality of 2009, not only do not promote regional equality, but rather widen the inequalities by applying double standards.’’

mr. Besnik tahiri, summarizing the presentation, said “the tendency of continuous degradation and failure to provide for capital investments from central to local level, continues to impoverish the society. this indicates an absence of political decentralization, underdeveloped municipalities, regions, lack of support and failure to implement legislation by central government, with references to debt issue.”

With respect to vat, mr. tahiri said that municipalities of Bogovina, tetove, Gostivar, spoke proudly of the 3.5% that belongs to the municipalities, of the total of 18%. however, what in reality happens resembles the Kosovo formula. as the vat is collected at the centre, but is distributed under a different criteria, i.e. collected based on contributions, but distributed proportionally. Fiscal decentralization is meaningless if the contribution is not returned to the people, said mr. tahiri”.

The other question related to e-licences for urbanism.

“e-licences made things difficult for a while. however, we managed to overcome the situation. the idea behind it was to grant increased access to the people, enhance transparency, etc. only, we have much more realistic problems. you cannot apply a system presently used by only two countries in the world.

although the next phase has not yet been deployed, however, cadastral records were also digitalized, which created problems with issuance of certificates as the system has not yet been adapted. this situation took about 6 months. Immediately upon assuming office, in the course of two weeks a law was adopted that required permits to be issued electronically, however, employees had not been trained, computers were obsolete, etc. We had to purchase new computers, training the staff, spend also for electronic signatures, because in addition to the mayor, signatures of other urbanism staff was also required.

however, we managed to overcome the situation and we issue licences by the day. We are ranked first relative to other municipalities in terms of number of licences issued. as a concept, e-licences are alright, however, practically the process needs to unfold carefully as many problems may occur along the way.‘’ explained the mayor of struga, Ziadin sela.

Agron maxhuni, Director of Legal Department – mLGA

“The system of organization and functioning of municipalities”

“inter-municipal cooperation”

Kosovo has about 38 municipalities. administrative borders are assigned based on cadastral zones. the self-government system of Kosovo is single-tiered. municipalities have the status of legal person. Principles of local self-government: principle of legality, good governance, transparency, efficiency and effectiveness and subsidiarity.

municipal assemblies adopt the statute of municipality and municipal regulations. they also adopt budgets, investment plans, work plans, annual report and may establish support structures for municipal assemblies.

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mr. agron maxhuni also spoke of adopted international standards as part of national legislation, stating that these standards directly impact the life of people in Kosovo municipalities. he proceeded saying that implementation of legislation and principles of good governance are the responsibility of municipal bodies arising from local elections.

Partnership between central and local level and specialized institutions working on local governance also affects the delivery of sustainable and good quality public services for citizens of municipality. mr. maxhuni concluded by saying that the partnership affects building local capacities of political and administrative structures in delivering services required by the people.

In his presentation, mr. agron maxhuni, Legal director in the ministry of Local Government administration said that “current legislation provides broad opportunities for Imc, at both local and international level (...) Basic principle for Imc is effectiveness and cost-effectiveness, while objectives of Imc are based on free will and interest in the areas such as social-economic development, development and use of land, environment protection, planning, etc.”

the following entities are entitled to enter into inter-municipal cooperation: mayor, municipal assemblies, citizens (at least 5% with the right to vote), and government. “mayor has to be creative”. In the end, while introducing the legal framework governing inter-municipal cooperation, mr. maxhuni said that municipalities have been making very limited use of the opportunities granted under the law to enhance their service delivery.

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REGULATION NO. 23/2013 ON ESTABLISHMENT OF PROCEDURES FOR AWARD AND EXCHANGE OF IMMOVABLE PROPERTY IN

KOSOVO

Agron MAXHUNI, Head of Legal Department and Monitoring of Municipalities

Strugë, March 2014

Republika e Kosovës Republika Kosova - Republic of Kosovo

Qeveria - Vlada – Government Ministria e Administrimit të Pushtetit Lokal

Ministarstvo Administracije Lokalne Samouprave Ministry of Local Government Administration

______________________________________________________________________

PURPOSE

This Regulation aims to establish procedures and criteria for award on use and exchange of municipal immovable property.

KOMISIONI PËR VLERËSIMIN E OFERTAVE DHE KOMISIONI PËR ANKESA

Municipal Assembly establishes an Evaluation Committee made of 7 members to review the bids for award of immovable municipal property on use.

Evaluation Committee is responsible for: - for conduct of public auction procedures and review of bids for award

of immovable municipal property on short-term use in the course of 7 days upon closure of auction, and

- for conduct of competition procedures, as well as review of bids for award of immovable municipal property on long-term use in the course of 15 days upon closure of competitive process.

Municipal Assembly establishes an Appeal Commission through a

decision, which shall review appeals of parties to procedure on award of immovable property on use.

AWARD OF IMMOVABLE MUNICIPAL PROPERTY ON SHORT-TERM USE

Mayor of municipality shall propose for prior approval of Municipal

Assembly the municipal real estate for award on short-term use. The municipality shall define initial price of property, which shall be

awarded on short-term use. The winner shall be decided by public auction based on the highest bid

offered at the auction through closed bidding. Notice of public auction for award of immovable municipal property

shall be done by responsible municipal commission in the course of 30 days before the day of auction.

Notice of public auction shall include: name, description, size and

location of property; initial price; duration of use; activity to be exercised based on property’s destination, etc.

AWARD OF IMMOVABLE MUNICIPAL PROPERTY ON LONG-TERM USE

Mayor shall propose for prior approval to municipal assembly the immovable municipal property, after making sure that the property belongs to municipality.

Before publication of public competitive process, the Commission shall obtain: the decision of the Municipal Assembly for award of property on use; decision on establishment of Evaluation Commission; certificate and copy of plan of the property; name, description, size and location of the property; timeframe for award of property on use; activity to be exercised, etc.

Selection of bid shall be based on the following criteria: the most economically-favourable bid; investment value; number of work places generated by investment; type of investment, which is of public interest for municipality; financial benefit of the municipality.

PROCEDURE FOR CONDUCT OF PUBLIC AUCTION The process of opening the sealed bids is carried out at the time and

place announced for the public auction.

The chairperson of the commission, upon confirming that there is no conflict of interest, shall declare the process open. At least four (4) members of the commission and chairperson shall be present during the bid opening.

In the course of three (3) work days after bid evaluation at the public auction, the evaluation commission shall prepare final report on closure of auction.

Upon approval of the selected bid by the Commission for short-term award, the notice shall be sent to successful bidder and placed on the notice board and web page of the municipality.

Parties dissatisfied with the decision are entitled to submit an appeal to the Commission for review of appeals in the course of 15 days. If the appeals commission finds that there were violations, it may ask for review of process.

If the commission finds the appeals to be unfounded, the mayor shall sign the contract with the bidder selected by the Commission no short-term award.

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For long-term award, in the course of three (3) days upon completion of bid evaluation, the Evaluation Commission shall submit to mayor and chairperson of municipal assembly the final report on the selection of the most economically-favourable bid, for approval by the Municipal Assembly.

Upon expiry of the appeal submission deadline, the municipal assembly shall approve the bid selected by the Evaluation Commission with the majority of votes.

IF the process has been challenged through an appeal, the Municipal Assembly should wait for the decision of the Appeals Commission.

Upon approval of the bid by the Municipal Assembly, the notice shall be send to successful bidder and posted on the notice board and official web site of municipality.

The immovable property award contract shall be signed in the course of 15 days upon approval by the Municipal Assembly, mayor on behalf of municipality and selected bidder.

THE RIGHT TO RESTITITUTION OF PROPERTY UNDER MANAGEMENT OF KPA

Upon receipt of the List of property and request of municipality for withdrawal from the privatization process and their restitution to municipal ownership for public interest purposes, the Government of the Republic of Kosovo, through the ministry responsible for local self-government submits such lists and requests to KPA.

Based on the relevant law on KPA, the KPA shall take a decision for approval or rejection of requests submitted by local authorities.

AWARD OF IMMOVABLE MUNICIPAL PROPERTY ON USE FOR SPECIAL OCCASIONS

Award of immovable municipal property on use for special occassions is done by not implementing regular competitive procedures, per written requests submitted by:

- Central institutions of the Republic of Kosovo; - Diplomatic and consular institutions, organisations, international

institutions, whch havean aagreement with the Republic of Kosovo; and - Religious communities for the needs of conducting their religious

activities.

When the request is made by international organisations, then the request to municipality is submitted by the Government of the Republic of Kosovo.

The Municipal Assembly, by a majority of vote of the assembly, shall take a decision on the award of property, if such award will be done with or without compensation as well as on manner of payment.

The contract for award of immovable property of municipality for special occasions is signed by the mayor and representative of the central institution.

EXCHANGE OF MUNICIPAL PROPERTY OF THE MUNICIPALITY

Exchange of immovable municipal property may be done by the natural and legal persons, such as the KPA.

The municipality may submit a request for exchange of property involving properties under administration of central institutions.

The municipality submits a reasoned request to responsible entity of the central institution, which is administering the requested property.

Upon submission of the request and entire documentation, the central institution shall undertake all necessary verification action to identify and confirm that the property requested for swap is actually available for swap.

The central institution shall inform the municipal assembly to submit the request to ZVPP in the Department of Property Tax to assess the immovable property involved in the swap.

In the course of 10 working days upon approval of the evaluation act of the ZVPP, the central institution shall propose the Government taking the decision on immovable property swap.

RESTRICTIONS ON AWARD OF IMMOVABLE PROPERTY ON USE

The Municipal Assembly shall not award any property on long-term use 6 months before completion of the regular legal mandate.

In case of extraordinary elections, all such activities shall be suspended as of election announcement to certification of results and establishment of municipal bodies.

Members of the Municipal Assembly shall be exempt from the decision-making process if he/she or a close member of their family has a personal or material interest.

Members of the Evaluaton Commission shall be exempt from the evaluaton process if he/she or any other member of the family has a personal/material interest.

The members of the Appeals Review Commission shall be exempt from the appeals review process if he/she or a close member of their family has a personal or material interest.

If at any stage the local authority finds that there has been a conflict of interest, it is required to initiate the case by virtue of official postion to eliminate the legal consequences in contradiction with the principle of conflict of interest.

Thank you for your attention!

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1

THE SYSTEM OF ORGANIZATION AND FUNCTIONING OF

MUNICIPALITIES

Agron Maxhuni Head of Legal Department and Monitoring of Municipalities Ministry of Local Government Administration

Local governance system in Kosovo is single layer, Municipality is the basic unit of

local self-government; Municipalities enjoy the status of

legal persons; Based on the Law on

administrative borders, the Republic of Kosovo has a total of 38 municipalities. Administrative division of

municipalities is made based on cadastral zones. Municipal bodies are the

Municipal Assembly and the Mayor Municipal bodies are elected

directly from the citizens; The mandate of the MA members

and the mayor is four years

Municipal bodies Principles of local self-government

Principle of legality; Good governance; Transparency; Efficiency and effectiveness; and Subsidiarity

Types of competences Municipalities exercise the following competences : own (original); enhanced; delegated.

Competences of Municipal Assembly

• Adopts the municipal statute and regulations;

• Adopts the budget and investment plans;

• Adopts the work plan and annual report;

• Establishes MA supporting bodies;

Elects the Chairperson (deputy chairperson and deputy chairperson for communities);

Establishes the level of tariffs and charges; Approves symbols of municipality; Approves naming of local streets, squares

and other public areas; Ratifies agreements on inter-municipal

cooperation; Adopts decision to join into associations; etc

Dissolution of Municipal Assembly

Fails in performing the mandatory legal function, by jeopardizing basic civic

rights;

Fails to elect the Chairperson within 30 days upon establishment;

Fails to adopt the statute within 60 days upon establishment;

Fails to hold meetings for more than six months;

Fails to adopt the budget within the legal timeframe;

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Acts of Municipal Assemblies

Based on Article 12 of LLSG, Municipal Assemblies adopt the following municipal acts; Statute of Municipality, Municipal Assembly Rules of Procedure, Municipal regulations deriving from laws, Regulations for discharge of municipal responsibilities; Decisions of general character of MA; Other acts prescribed by sectorial laws;

MUNICIPAL PROPERTY MANAGEMENT

MUNICIPAL PROPERTY MANAGEMENT

Criteria for award of municipal property on long-term or short-term use;

• Publication on municipal website; • Harmonization with municipal development plan • Public interest • Meeting environment conditions; • Meeting urban requirements

Municipal Assembly may not award municipal property on long‐term use 6 months before the expiry of regular legal mandate.

Local democracy Public information and citizen consultation before approval of acts; The right of petition; Citizens’ initiative; Referendum; Consultative Committees.

Municipal AdministrationC

ivil Service

• Local administration – civil services is organized under and functions based on Law on Civil Service;

• The Head of Personnel is the highest civil servant of municipal administration;

• Civil servants in municipality may not be members of municipal assembly or hold executive posts in the municipality;

Ministry of Local Government Administration is the institution responsible for oversight of municipal competences for which the law did not assign the oversight duty to any other body

Oversight of municipalities

Administrative review

Aims to strengthen the local authorities in discharge of their responsibilities through advice, support and assistance Ensure legality of activities of local government bodies

and ensure that the rights and interests of the citizens are respected. This type of oversight does not aim to restrict or limit the

right of municipal bodies to discharge its duties. Intervention from oversight authority has to be

proportional to interests at stakes

Prior consultation Municipality may ask the oversight authority to assess an act prior to its

approval.

The authority assesses the act and responds to municipal body within 15 days.

In case the MLGA finds that the municipal act falls within the responsibility of the sectorial ministries, it shall forward the act to the line ministry no later than two days upon receipt and its filing with MLGA.

Review of legality Exercised for own and enhanced revenues.

The mayor is required to submit to MLGAa list of all acts adopted by him/her and municipal assembly every month, no later than 10 of ensuing month.

Upon receipt of this list, MLGA may ask for review of legality of every act if deemed necessary.

Types of administrative review

Prior consultation;

Review of legality, and

Review of compliance;

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3

Regarding the mandatory review of legality, MLGA officially reviews the legality of acts as follows:

General acts adopted by the municipal assembly;

Decisions on joint activities of cooperation

partnerships;

The acts shall be submitted to MLGA within 7 days upon approval by the Municipal Assembly and signature by Chairperson;

MLGA is required to provide its opinion on the legality of the said act within 15 days.

Review of legality

Review of compliance

This type of supervision is exercised only for

delegated competences.

Delegating authority is entitled to ask a copy of the municipal act and assess it within 30 days.

When the delegating authority finds that the act is non-compliant, it may ask the municipality to revise or replace the said act.

If the municipality fails to revise or replace the said act, the delegating authority may revise or replace the act or stay its execution and shall inform the municipal authority on the decision within 5 days.

Monitoring of municipalities

Monitoring of municipalities is a continuous and dynamic process. This process means extension of

supervision on two main municipal bodies, including:

• Monitoring the meetings of municipal assemblies, and

• Monitoring the executive bodies/mayor and directors.

Organization of monitoring Officials of Legal Department and Monitoring of Municipalities are responsible for monitoring a specific number of municipalities.

Sistemi i monitorimit të Komunave

DLMK

Zyrtari I Monitorimit

KOMUNAKuvendi

KomunësKryetari i Komunës

MAPL

1. Monitorimi on-line2. Vizitat periodike

sipas planit vjetortë monitorimit

AdministrataDrejtoritëkomunale

Evidentimi irasteve tëshkeljeve ligjore

Evidentimi i aktivitetete tëKomunave

Monitoring offices are part of the division for monitoring the municipalities of the Legal Department and Municipalities Monitoring and monitor all activities of the municipality.

Electronic (online) monitoring of municipalities

MLGA implemented two projects in order to advance the monitoring and communication system with the municipalities of the Republic of Kosovo:

1) “The Citizens Service Centre Programme and their integration into the municipal web page, ministerial and governmental portal”;

2) Monitoring meetings of the municipal assemblies through “Telepresence“;

Monitoring the work of municipal administration MLGA introduced the monitoring system of municipalities through two main ways:

1) By monitoring with direct participation in municipalities, and

2) By electronic monitoring, carried out in various forms.

Electronic monitoring of Municipal Assemblies is based on Administrative Instruction No. 2012/01 on monitoring the municipal assemblies through information technology equipment, i.e. “Telepresences”.

PROCEDURE FOR MONITORING THE MUNICIPALITIES Monitoring the assembly meetings Faza përgatitore Monitoring officer is required to monitor all meetings of the Municipal Assemblies. The monitor reviews all documents in prior, along with the meeting notice and provides recommendations before the meeting. Second phase Monitoring official shall monitor the meetings of

municipal assemblies. The monitoring office may monitor the meeting “online” as required under the administrative instruction on telepresence or may take part physically at the meeting. After monitoring the meeting, the monitoring officer prepares the information on meeting no later than 12:00 of the following day.

Monitoring the executive/mayor and departments.

First phase – at this stage, the focus groups to be monitored are identified. Identifying these focus groups is based on findings, level of compliance of municipality with provisions and procedures prescribed by laws.

Second phase – at this stage, the main monitoring objectives are defined, along with identification of supervision needs and definition of problems.

Faza e tretë – allocation of duties of monitoring officers, identification of various monitoring sectors, structuring the groups

Phase four – contact with municipalities and visits Phase five – summary of information, allocation of specific duties, drafting of qualitative report.

Municipality Monitoring Reports Legal Department and

Municipalities Monitoring drafts periodic municipalities monitoring report, as follows:

Individual reports; Quarterly municipalities monitoring report; Semestrial municipalities monitoring report; Annual municipalities monitoring report; Monitoring decisions and regulations.

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Process of review of legality of municipal acts

Receipt of Act; Establishment of competences; Competences of other institutions; Review of acts; Answer;

The answer to municipality from MLGA is similar to receipt, but mostly mail communication is used.

In its response, MLGA notifies the municipality over the concrete issues.

For acts involved in the regular review, the timeframe for submission of assessment is 15 days

Also for acts involved in mandatory review the timeframe is 15 days.

For acts for which municipality requires prior approval, the timeframe is within 30 days.

Review of legality of municipal acts by MLGA

LDMM LDMM SP SP

Signature by Minister

Signature by Minister

Act submitted

Receipt of act from MLGA

Forwarding of assessment

Municipality Municipality MLGA Archive MLGA Archive

Review of legality

DMM DMM DLO DLO

Chec

k of

as

sess

men

t by

Head

of

Depa

rtm

ent

Confirmation of legality within 15 days

Fig. 1. Flowchart of review of legality of municipal acts by MLGA

Fig. 2. Flowchart of review of legality of municipal acts by responsible ministries

MLGA archive

MLGA archive

LDMM LDMM SG‐ MLGA SG‐ MLGA Submission of acts

Receipt of act from

MLGA

The Line Ministry The Line Ministry

Submission of act for

assessment

Responsible interministerial committee

Responsible interministerial committee

Review of legality of municipal acts by the responsible Ministries

DMM DMM DLO DLO

Verif

icat

ion

of

com

pete

nces

by

Head

of

Dep

artm

ent

Review of competences for review of legality

Confirmation of legality within 15 days

Review of legality

COMMUNICATION WITH MUNICIPALITIES

MLGA has the coordinating role between the central and local level. In this case, the process of communication between municipalities and MLGA has been enhanced

The following events are regularly organized: Consultative meetings with mayors; Consultative meetings with directors of administrators; Regular meetings with chairpersons Direct participation at municipal assembly meetings, and Periodic visits to municipality.

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Inter-municipal cooperation

Agron Maxhuni, Head of Legal Department and Monitoring of

Muncipalities/MLGA email: [email protected]; [email protected].

Legislative Framework/IMC The Constitution of the Republic of Kosovo

(RK); Chapter X (Article 124, item 5) Law on Local Self-Government (Chapter V,

Article 28) Law on inter-municipal cooperation, Law No.

04/L-010 dated 21 July 2011; Regulation on international inter-municipal

cooperation; and Regulation to encourage IMC

Principles and their impact Principles of inter-municipal cooperation, cost-

effectiveness, effectiveness and efficiency – aims to ensure that during the discharge of responsibilities and delivery of joint services incur the lowest costs, highest benefit; that the cooperation is feasible and possible for parties/municipalities, which are party to inter-municipal cooperation. The principle of cost-effectiveness, effectiveness and efficiency aim to ensure delivery of municipal services for the benefit of citizens.

Principles of cooperation

Principles of inter-municipal cooperation

Joint interest of municipalities

Municipalities carry legal responsibility for all actions resulting from cooperation

Non-transferrable competencies

Bazat e BNK

Basis of inter-municipal

cooperation

Joint interests of municipalities

Exercise of one or more of own or

enhanced competencies

Willingness of municipalities to

enter into cooperation

Allocation of roles and

responsibilities for joint needs

Cost-effectiveness, effectiveness,

efficiency

Importance of IMC Joint local interest; Discharge of one or more of own or

enhanced competencies of municipalities; Free will of municipalities to enter into IMC; Allocation of roles, responsibilities, resource

pooling; Improve cost-effectiveness, effectiveness

and efficiency of public service delivery for citizens

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2

IMC initiative

The right to initiate inter-

municipal cooperation

Mayor Members of municipal assembly

Citizens of municipality

The Government of the Republic of

Kosovo

Inciativat/Nismat e BNK-së Municipal bodies, mayor, 1/3 of

Municipal Assembly; Citizens, at least 5% of citizens with

right of vote; The Government of the Republic of

Kosovo;

Encouragement of IMC The Government of Kosovo, through

financial and administrative incentives;

MLGA, identifies important areas of broader interest for IMC – and proposes resource allocation;

Funding IMC – the Budget of Kosovo, municipal budget, donations and other permissible funding

Areas of IMC

Delivery of joint administrative services;

Delivery of joint public services; Joint strategic planning and

development; Joint funding.

Benefits of IMC

Allocation of funding for performing the agreed duties and services;

Decrease of cost per unit and improve public service delivery by pursuing a certain level of conomic development and access to more advanced technology

Benefits of IMC

Achieving minimal economic growth/size, which justifies delivery of certain service;

Delivery of the same level of quality of services across all municipalities.

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3

Benefits of IMC

Improvement of economic, social and environment protection performance through coordinated planning;

Attracting investment funds from public, private or donor-reserved funding

Municipal capacities The training programme for IMC developed,

for both decision-making and executive bodies;

Identification and development of areas and resources that municipalities may share to achieve sustainable IMC;

Identifying opportunities to apply for programmes and funding for inter-municipal cooperation from EU or the Council of Europe

Public participation The right to actively engage in

developing IMC programmes; The right to directly initiate IMC; Active participation in public meetings

organized by local structures on IMC policies

Challenges of IMC Lack of municipal capacities to

identify joint areas of IMC; Reluctance of political and decision-

making authorities to enter into IMC; Lack of active civic participation in the

process.

IMC Agreement

Contracting parties; Subject-matter of the agreement; Purpose and timeframe; Rights and obligations of parties; Legal forms and funding sources; Terms of termination; Dispute resolution mechanisms; Other details as agreed by parties.

Signing of Agreement Mayor/s of Municipalities and

ratification by the Municipal Assembly/Municipal Assemblies;

Publication in Official Gazette;

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The Leadership and public speech

hotel harmonia – Durrës, Albania3 – 5 Apr 2014

speakers:

� Besnik tahiri, m.a in Local Governance and International relations � ariana haxhiu-maci, anttarc

Topics:

� Leadership � difference between the leader and the manager � Individual skills in communication (Listening, skills for question-making and speaking skills) Public

speaking � a good spokesperson and Interview for media � Improvised interview with participants/recording and reflection on the conducted interviews /

training evaluation

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12/5/2014

1

Leadership


Besnik Tahiri

Executive Director Kosovo Local Government Institute

This Program is supported by the Norwegian Embassy and Friedrich Ebert Foundation

What is leadership?

Leading people

Influencing people

Commanding people

Guiding people

Types of Leaders

Leader by the position achieved Leader by personality, charisma Leader by moral example Leader by power held Intellectual leader Leader because of ability to

accomplish things

Managers vs. Leaders

Managers Focus on things Do things right Plan Organize Direct Control Follows the

rules

Leaders Focus on people Do the right things Inspire Influence Motivate Build Shape entities

Common Activities

Planning Organizing Directing Controlling

Planning

Manager Planning Budgeting Sets targets Establishes

detailed steps Allocates

resources

LeaderDevises strategySets directionCreates vision

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2

Organizing

Manager Creates

structure Job descriptions Staffing Hierarchy Delegates Training

Leader Gets people on

board for strategy Communication Networks

Directing Work

Manager Solves problems Negotiates Brings to

consensus

Leader Empowers

people Cheerleader

Controlling

Manager Implements

control systems Performance

measures Identifies

variances Fixes variances

Leader Motivate Inspire Gives sense of

accomplishment

Leadership Traits Intelligence More intelligent

than non-leaders Scholarship Knowledge Being able to

get things done

Physical Doesn’t see to

be correlated

Personality Verbal facility Honesty Initiative Aggressive Self-confident Ambitious Originality Sociability Adaptability

Leadership Styles Delegating Low relationship/

low task Responsibility Willing employees

Participating High relationship/

low task Facilitate decisions Able but unwilling

Selling High task/high

relationship Explain decisions Willing but unable

Telling High Task/Low

relationship Provide instruction Closely supervise

New Leaders Take Note

General Advice Take advantage

of the transition period Get advice and

counsel Show empathy

to predecessor Learn leadership

Challenges Need knowledge

quickly Establish new

relationships Expectations Personal

equilibrium

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3

New Leader Traps

Not learning quickly Isolation Know-it-all Keeping existing

team Taking on too

much

Captured by wrong people Successor

syndrome

Seven Basic Principles

Have two to three years to make measurable financial and cultural progress Come in knowing current strategy,

goals, and challenges. Form hypothesis on operating priorities Balance intense focus on priorities

with flexibility on implementation….

Seven Basic Principles, con’t

Decide about new organization architecture Build personal credibility and

momentum Earn right to transform entity Remember there is no “one” way to

manage a transition

Core Tasks

Create Momentum Master

technologies of learning, visioning, and coalition building Manage oneself

Create Momentum

Foundation for change Vision of how

the organization will look Build political

base to support change Modify culture

to fit vision

Learn and know about company Securing early

wins First set short

term goals When achieved

make a big deal Should fit long

term strategy

Create Momentum

Build credibility Demanding but

can be satisfied Accessible but

not too familiar Focused but

flexible Active Can make tough

calls but humane

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4

Master Technologies

Learn from internal and external sources Visioning - develop strategy Push vs. pull tools What values does the strategy embrace? What behaviors are needed?

Communicate the vision Simple text - Best channels Clear meaning - Do it yourself!

Enabling Technologies, con’t

Coalition building Don’t ignore politics Technical change not

enough Political

management isn’t same as being political Prevent blocking

coalitions Build political capital

Manage Oneself

Be self-aware Define your

leadership style Get advice and

counsel Advice is from

expert to leader Counsel is

insight

Types of help Technical Political Personal

Advisor traits Competent Trustworthy Enhance your

status

How Far Can You Go?

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COmmuNiCATiON

communication is defined as exchange of information between the sender and receiver and as a perception of the understanding between the involved individuals. analyses of this exchange show that communication is a dual process which is based on sequential connection of several elements (see the illustration below).

ThE COmmuNiCATiON prOCEss

ChANNEL ChANNELsENDEr CODiFiEs mEssAGE DECODiFiEs rECEiVEr

sender. sender is an individual, a group, or organization that wants or tries to communicate with a certain receiver. receivers may also be individuals, groups or organizations.

codification. communication starts with a sender who codifies an idea or opinion. codification translates the opinions into a code or language that can be understood by others. In general, codification may be in words, numbers, signs, or without any words, such as: face expressions or paintings. different methods may be used for the codification of similar ideas.

message. the product of codification is the message. For messages there are two important things: first, they are much more than our eyes can see. messages may contain hidden agendas, as well as emotional reactions.

communication channels. People communicate by using different transmission channels, like face to face communication, phone calls, e-mails, video-conferences, memos or written letters, photos and drawings. the selection of the transmission channels depends on many factors, including the nature of the message, purpose, type of audience, time space for transmission of the message and personal preferences. all above have their advantages and disadvantages. Face to face conversation, for instance is useful when we have to communicate delicate matters which require feedback and intensive interaction. telephones are suitable, quick and private, but they provide only for verbal communication. even though written letters are just time spending, they are a good means when it is difficult to meet a person, especially when written and official documents are important and when the face to face communication is not necessary to understand things.

decoding. decoding is the version from the receiver about the encoding. decoding consists on the translation of verbal or visual aspects of a message in a way which may be interpreted. receivers can rely on the processing of the social information in order to determine the meaning of the message during the process of decoding.

receiver. receiver is the individual or the group which receives the message, interprets the meaning, and then reacts on the message received. the interpretation of a message often times may differ from

49


the intention of the sender. this means that successful communication is achieved with difficulties. For the reduction of communication it is recommended to use several transmission channels.

Feedback. the answer of the receiver on the message is the core of the feedback. In a specific way the receiver codifies an answer and transmits it to the original sender. this message is then decoded and interpreted. so, it is obvious that feedback is used for a full control. It gives the sender an idea on how accurately his/her message was understood. so, communication does one cycle and then may continue with the next cycle.

Feedback is more effective when the below criteria are used:

� Is specific and not general � Is descriptive and not judgmental � takes into consideration the needs of sender and receiver � Is informative and non-imposing � Is given at the right time

Barriers in communication

there are several reasons which may cause obstacles in the transmission of the message from the receiver and to the sender.

� Preoccupation � emotional obstacle � hostile attitude � Previous experience � hidden agenda � use of stereotypes � dispersed mind � articulation � status

Types of communication

Communication can be:

� verbal � non-verbal � symbolic

verbal communication (with words) is a form of communication used most frequently to express an opinion or a message. People understand and communicate with what they say and articulate.

symbolic communication is the perception of the world through symbols. symbolic communication is passive, and symbolic messages often times are interpreted. some of the symbols used are:

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Dressing

dressing tells a lot about who we are, our values, status or the fact how conservative or liberal we are.

hair

It is said that men that have beards are more liberal compared to men without beard and for men with long hair it is supposed that they have different political, economic and social philosophies, compared to men with short hair.

Bijouterie

married persons wear a wedding ring. Wearing an ear-ring in one ear or the wearing of heavy bijouterie sends passive messages that get interpreted by people.

other symbols may be make-up, car makes, location of the house, etc.

non-verbal communication (no words) is achieved from the expressions of the face or body movement. this type of communication is realized in close and remote distance. some forms of this type of communication are:

Body posture

the way how people hold their body shows who they are and how they communicate with the environment.

Touching

It is the most powerful form of non-verbal communication. We communicate with fierceness, interest, trust, gentleness, warmth, and a set of other emotions through touching.

Eye contact

eye contact is praised a lot. often truthfulness of words from the interlocutor is verified with eye contact.

sub-voices

We say “the, the, the” when we try to find a word. We articulate a number of sounds during the conversation with a person.

Distance

It is said that every person has a psychological space around him/her. If the other person occupies this space the person may become tense, or distracted. We want to have a distance between us and the others, depending on the connections and motives we have for the other person. these reasons for setting of distances often are not visible, but they get interpreted from our behavior.

Gestures

Gestures say a lot in a process of communication. a hand shake gives a meaning to the conversation.

Vocal sounds

the manner in which we make vocal sounds, decides on the meaning of the message that is received by the interlocutor.

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COmmuNiCATiON mODELs

The parent-model

The Confronter

What is going on here?… (irritation)you should solve my problem immediately … (request)I knew it, really, I knew it… (pomposity)you better do something, because else I… (threat)

The Confronted

you are responsible for this… (blame)Ju should do… (control)don’t get upset, nothing happened… (avoidance)there can be even worst cases than this… (avoidance)

The Grown-up model

The Confronter

We have a problem. Let’s see if… (solution of the problem)Let me tell you what the problem is… (giving information)I understand that you can help me… (verification)I am sad. I just learned that… (appearance)

The Confronter

Let’s see if we can solve your problem… (solution of the problem)could you tell me more… (asking for information)Let’s see if I understood you correctly… (verification)I think I have understood you… (calming/neutralization)

The Child-model

The Confronter

I want… (requesting)this is not fair... (complaint)What’s this?… (complaint)I know you are right, but… (calming)If you do this… (agreement)

The Confronted

It is not my fault... (dissatisfaction)I don’t know what to do with you… (confusion)no, I can’t do anything… (irritation)all right, all right, I shall… (avoidance)

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individual skills in communication

communication is the most important skill that we have in life. We spend most of our time communicating. Let us not forget that years were spent in learning how to speak, read or write; But, what about the listening?

Listening

Listening has to do with paying of greater attention to the messages that have been sent by someone else. the sender of the message needs to know that the receiver is listening carefully. the body standing straight encourages an open conversation and maintaining of eye contact is essential. after the message is received, the receiver has to respond by paraphrasing, or reflecting in such a way by making it known that he/she has understood properly the received message.

“First understand!” We always want to be understood by others, but we pay less attention in hearing of others. most of the people spend too much time by listening, compared to other activities that are related to communication. however, a vast percentage of them never manage to become careful listeners. the list below contains some of the usual situations of careless listening.

� Lack of attention. Listeners are confused or think about something else. there are cases when lack of wish for listening is accompanied with lack of attention.

� Pseudo-listening. there are people who when they are thinking of something else, pretend that they are listening carefully to what is being said. this creates the impression to the speaker that the listener has received the appropriate information.

� Listens but pays no attention to what is being said. It happens that a person listens only about several facts or details, thus missing the point of the phrase.

� Interruption. Listener is not patient to listen to the phrase to the end, but interrupts and breaks your ongoing sentence.

� Listens what he likes to listen. People often think that they heard from the speaker what they wanted to hear. so, they refuse to listen to what is really been said.

� disagreement. some listeners seem to wait for the opportunity to attack someone. they listen with the aim of finding something they disagree about.

one of the ways people may use for improving of listening skills is the identification of weaknesses and efforts to change them. For instance, if someone understands that he/she is a Pseudo-listener, this person may ask the speaker to repeat once again what he/she has said. It is not advisable to use the expression: ‘I’m sorry, my mind was elsewhere”. People can manage the improving of their listening skills. Below there is a list with several ways that help for active listening.

� Paying attention. If people want to become active listeners, they should try and pay attention to the speaker.

� Listening of the entire message. this includes the finding of the meaning, both in verbal and non-verbal messages. It involves listening to unpleasant or unwanted things.

� Listen then judge. Listening to a speaker without trying to draw immediate conclusions helps the listening process a lot.

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Question making skills

Questions that encourage communication

� Questions that transmit trust. these are the questions that support the interlocutor by offering him/her assistance which also means having trust in him/her.

� clarification questions. these questions clarify different problems. � emphatic questions. emphatic questions show concerns for the emotional problems of the

interlocutor. these questions are mainly made to express concern rather than the solution of the problem. these questions transmit empathy, generate trust, and build relations of good trust.

� open questions. the most useful questions are the open ones. they stimulate reflections and opinions. open questions invite for creativeness through exploration of opinions.

speaking skills

When you speak before others, you wish for them to listen to you carefully. In order to achieve this, you need to bear in mind the following:

� Look the person with who you are conversing in the eye. When you speak to a group of people try to pay attention to a bigger number of people, as much as possible.

� avoid monotony. speak clearly, without any mistakes. Pronounce words properly. ensure you use a proper tone and proper gestures.

� speak with enthusiasm. � ask questions to listeners. the best way to include others in the discussion is to ask them questions. � speak concisely. It is difficult for people to listen to you with attention if you speak too long. � choose a suitable and noise-free environment. � use examples to strengthen what you are saying.

spEAKiNG iN puBLiC

preparation and dissemination of the message

What is a message?

a “message” is a comprised and convincing statement about your purpose in a campaign and that attracts the attention of the public about what you would like to achieve, why and how you want to achieve this, knowing that the purpose of the message is to encourage you for specific actions that you will take with your audience.

It is important that you feel and present yourself in front of the audience as “the man that knows about their lives” or “the man of the people”. If your basic message (slogan) contains and signifies this, then your message will be successful.

The main elements of the message

the main elements of the message are:

� contents/Ideas: What do you want to convey? What arguments you would like to use to convince you audience?

� Language: What words you will pick, so that the message breaks through clearly and effectively? are there any words you should / or should not use?

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� the source/addressor of the message: Which one would suit the audience and how trustful it shall be?

� Form: In what way you will disseminate the message, in order to achieve the maximum influence? (meetings with the audience, radio, public notices, communication/press conference, letter, brochure, etc.)

� time and Place: When is the suitable time for dissemination of a message? can a suitable time and place be found and which of the two will raise the credibility or provide for more political influence?

Elements of the message contents

� What do you want to achieve? � Why you want to achieve this (a positive result from the taken activity and /or negative

consequences from no taken activity)? � how you propose to achieve this? � What actions you request from your audience in order to support you? � successful messages often times consist of words, phrases, or ideas that have a positive meaning

or special meaning for the beneficiary group. Words such as ’family’, ’independence’, welfare’, community’, or ’national security’ are some of the examples.

in general a message is developed according to the scheme presented below:

statement Facts/supporting Figures

Examples / history

Components of the message

studies have shown that messages containing three components stand bigger chances to be heard by the audience.

The first component is the statement

In this component of the message the statement is given and is expressed with obvious words or phrases that draw attention, and a tone which is concise and declarative.

The second component: supporting facts

In the second component the information is given based on facts, studies or data that support and add to the credibility of the general statement.

The third component: meaningful examples

In order to make the message more credible, in the third component you need to be careful and give an information that is related to the matter that you are defending by illustrating this with real examples.

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Criteria for a successful message

The message shall be successful and shall have the probability of being “heard”, if it meets the following criteria:

� to be suitable /applicable for the audience (to correspond to the questions from the audience: What’s in it for me?)

� to contain real facts (regardless how painful they may be) � to be in consistence with other disseminated messages by you � to be concise and timely drafted � to be disseminated when the moment is proper � to be credible � to be drafted with positive expressions (remove “no-s”) and in a clear language (do not use slang)

DissEmiNATiON OF ThE mEssAGE

the basic message will function if it is presented before the target audience. In order to achieve this you should count on volunteers and ensure that members of your party and also volunteers know your message (are updated with it). try to reach segments, such as women and youth.

the choosing of the “channel” for the dissemination of the message is done based on two criteria:

� effectiveness (some channels are more successful than others in the conveying of the message and they help in the realization of the objectives)

� efficiency (channels for the dissemination of messages have a cost)

there are two types of channels for dissemination of messages:

Direct

direct tools are considered more effective, but also more costly. In these tools the person is directly involved during speeches, meetings, face to face talks, demonstrations, meetings with the public, and other events. If you are to be the transmission tool of the message, you should become aware of the fact on how you can rely on your gestures for the conveying of the message.

indirect

Indirect tools are less costly, but are considered less effective in the achievement of the communication objectives. Indirect tools include newspaper articles, radio coverage, tv videos, posters, shirts, etc.

When you should use the direct method

It is when you are sending direct messages to your audience through speeches, meetings, demonstrations, and face to face talks, or during meetings with wider public and this is when your audience shall be concentrated on the matter. this means that they are listening about “what’s in it for us?” because a vast number of messages may be sent to them from the entire environment and therefore the listeners try to find the thing which is directly related to them.

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Knowing that with the direct method you will be in front of the audience, and thus it is necessary that messages are processed in such a way which leads to the message getting through the audience and is felt by them.

In order to achieve this, you have to get “inside the mind” of the audience and see the world as they see it. try to find out about the concerns of the audience, their values, problems, issues, hopes, fears, preoccupations, dreams, and so on. In other words you have to see the reality with their eyes.

Don’t forget!

iT is impOrTANT TO uNDErsTAND WhAT ThEy WOuLD LiKE TO hEAr, AND NOT WhAT yOu WOuLD LiKE TO TELL ThEm

There are three pieces of advice for the development and the dissemination of the message.

� disseminate the consistent message to the audience through different communication channels during a relatively long period of time.

messages are not absorbed by the audience and their opinion is not influenced by within a night’s time, therefore repetition is vital (necessary). the consistency is also important, so do not change your message until it gets fully absorbed by your audience.

� ensure your message is disseminated from credible sources for the audience.

the sender of the message is often or several times more important than the message itself. For instance, if you are trying to reach to the public via the press, try to use a newspaper that is widely read and respected. If your beneficiary group consists of parents, try to reach to them through parents’ organizations or through other parents.

� Krijoni mesazhe të kuptueshme për auditorin

Përdorni “gjuhën” e grupit përfitues. evitoni termat teknike si dhe gjuhën e rëndomtë. nëse paraqitja e mesazhit përdor diagrama ose skema, bëjini ato sa më të qarta.

� create understandable messages for your audience

use “the language” of the beneficiary group. avoid using technical words and everyday language. If the message uses diagrams or schemes, make them as clear as possible.

Organizing and chairing of a gathering (meeting)

What happens if you have a program and nobody is preoccupied with it? nothing will ensure more success for your program than the citizens’ participation during their needs assessments, their problems and their hopes for the future. you would like to know what the people think about the future and the important matters. rest assured, they will tell you their opinion, if you would provide them with the opportunity to do so. Inclusion of citizens in the identification and solution of the problems is called r-e-s-P-e-c-t! respect and sensitivity for the people who you want to serve.

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� respect � Listening � understanding

What are the meetings with the public?

In “public meetings” citizens discuss about important matters. Before they participate in these meetings, people are interested to know about the subject/topic that is going to be discussed. Public meetings therefore:

� Give the people with different background the opportunity to express their stands, � including women and youth; � they are the first step towards understanding of needs and sources of the community;

Why do we organize and chair the meetings?

� they offer the opportunity to the group to better understand different viewpoints in the community.

� they make public the interests of your group. � they create opportunities for your group to be followed by others. � they can help in establishing of links between your group and other people who are capable and

wish to help. � they can provide feedback for the group.

meetings with the public are open for each and every member of the community. Public meetings offer to the people with different backgrounds the opportunity to express their viewpoints about important matters which concern them and what needs to be done in relation to these matters.

What do you need for organizing and chairing of a meeting?

� venue of the meeting � members of the community � a facilitator of the meeting (facilitates) � a person to take notes about main points � a wish to be listened with attention

identification of matters and concerns

� What are the problems? � What are the outcomes from these problems? � Who is effected by the problems-directly or indirectly? � how are they influenced? � are these matters a concern for the entire community?

Obstacles to problem solving

� Who may be against the efforts aimed at the prevention or solution to the problem? � What are the limits for the solution of the problem? � how can we overcome the obstacles?

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What are the necessary sources for the solution of a problem?

� Which are the necessary sources? � Which persons or groups can contribute? � how much money and materials are needed? � When can they be obtained?

how to organize a public meeting?

� hold meetings in different locations so that you ensure greater participation. � Plan for the meetings to be held in public areas which should be acceptable and comfortable, e.g.,

in a school or in a building of the local government. � If possible, hold these meetings in evening hours in order to avoid any conflicts that may appear

at school or at work. � Publicize these meetings to the extent possible. use leaflets and posters. ensure that date, time

and venue are included. � encourage personally the leaders of the community and different members of the community to

attend the meeting. ask from them to recruit other persons as well. Provision of refreshments and snacks encourages for gathering and friendly tones.

how to chair a public meeting?

� Identify a facilitator who is a known and a respected person, with good listening skills and skills for focusing the participants in discussions,

� make known to everyone the ending time of the meeting and respect this, � assign a person to take notes about what the participants are saying, � Provide information for your community. If the participants are scarce in number provide the

opportunity for them to introduce themselves or to write down their names on a piece of paper. � Give sufficient time to the present participants for addressing of matters like: issues preoccupying

the community, barriers and obstacles for the addressing of issues and concerns, sources from the community for changes, recommended alternatives and solutions.

� conclude with a summary of what has been achieved, and with an initial action plan. � Prepare a brief summary on the opinions from the participants and distribute it to all participants;

thank them by mentioning other possibilities for further inclusion.

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A GOOD spOKEspErsON

in order to become a good spokesperson, you must:

� define the purpose of the speech and the audience. � determine what the audience wants to understand, memorize and learn (write down the purpose

of the speech in approximately 25-30 words). � Present the core of the speech using quotes and statistical elements, accompanied by examples

and other interesting information. � Write down the introduction part of the speech. � Write down the closing part of the speech. closing must be powerful and it must summarize

briefly the purpose. � remember that you have something important to say and that people must hear you. have trust

in yourself. � start your speech with something that will attract attention, it could be a joke, an anecdote, a

question or a quote. � Prepare in your mind the core messages, which should be prepared ahead the events. � stay on alert, breathe deeply and relax. the image makes 90% of the event. � Plan your time for questions and answers. � It is good that somebody first introduces you in front of the participants. � don’t be surprised if something goes wrong. don’t get upset if somebody interrupts your speech! � sentences should be short and concise. � the speech may last not more than 20 minutes, which means some 7-10 short pages. It is

recommended that 12 -15 lines be read in about 1 minute’s time. � emphasize the parts you think are most important, make effective breaks, but don’t drawl about

with your words. � do not read your speech because you will sound boring, speak based on concept thesis. � Keep the eye contact at 90% percent of your time. � any nervousness should be transferred into enthusiasm. � use natural gestures, as in everyday life. � Listen to the questions carefully and without any reactions, answer the questions timely.

� don’t skip questions, discipline your message. -stick to the message-repeat the message from time to time-answer the questions made by journalists using key messages-unify your message with other messages that have been delivered

� do not repeat questions and don’t repeat negative words. If there are negative questions posed, paraphrase them using a positive approach.

� concentrate on two or three main points. answer the questions in a manner that the interviewer makes questions to you that are related to any of your main points.

� Look at everyone, and not only the person that made the question. � answer in a simple and direct manner, as much as possible. � If you don’t know the answer about something specific, say “I don’t know” and that you will try to

get the information. � depending on your good mood or the lack of it, the people that are listening to you will feel same

as you.

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to be more credible during the delivery of your message, it is important to combine the content as well as the form of its delivery:

� Give a clear message � use a simple language which complies with the audience � use the right channel, at the right time in order for you to attract the attention of the audience. � make the audience become interested (what’s in the message for them). � Illustrate this using examples, don’t use complicated statistics, use of percentages is more suitable. � comply with the culture of the audience. � Be expressive (lively). � use body language (gestures). � approve by nodding your head. � make eye contact. � use sense of humor. � do not interrupt journalists or representatives from the audience when they ask you something

or make requests. � do not use a defensive position, express yourself freely. above all, be positive.

media interviews

media, especially television, exposes you to specific challenges. the influence may be strong, even in a limited time of just a few seconds. you should make every word speak for itself.

on tv, the visual form adds many other challenges. you may say the right words, but cracking of fingers, tension of facial muscles and inappropriate dressing, damages your message. Jepni një mesazh të qartë

media interviews

media, especially television, exposes you to specific challenges. the influence may be strong, even in a limited time of just a few seconds. you should make every word speak for itself.

on tv, the visual form adds many other challenges. you may say the right words, but cracking of fingers, tension of facial muscles and inappropriate dressing, damages your message.

preparation for interview

Within the topic of the presentation, define two or three issues that you want to mention during your interview. Plan ahead the answers to questions that may be posed to you.

Leave the impression that you easily mention the facts which are current and that support your position.

Before the interview, update yourself with the news from the morning newspaper, radio and television, in order to find materials that are related to the issues that are going to be discussed.

physical appearance and body movement

Keep your hands away from the microphone on the table, do not tap on the table with your fingers, or don’t tap your feet on the floor. Place your feet firmly on the floor, don’t place them on the base of the chair.

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don’t look down and don’t breathe on the microphone, don’t move your head around, don’t touch your clothes.

avoid sudden moves (standing up, stretching yourself on the chair, etc) which may leave you outside the camera frame.

personal appearance

� dress smart. It is good that women dress in business-casual (colored suits). � Women should not wear heavy bijouterie with diamonds, big earrings or hairpins. � don’t wear sunglasses. remove from your coat pocket your Id card, pins or anything too exaggerate. � When seated don’t lean on a side. When seated don’t put your hands in your pockets. � Keep your head high, so that you don’t leave the impression of a guilty woman when you are

listening or speaking. avoid looking toward the ceiling. � try for your face not to identify itself with the seriousness of the matter that you are discussing

about. don’t smile/laugh when in a difficult position. � ask for some make-up treatment to reduce the reflection of light on your face.

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paraqitja personale

vishuni në mënyrë serioze. eshtë mirë që gratë të vishen me veshje zyrtare (kostume), preferohet me ngjyra të forta.

Gratë nuk duhet të mbajnë bizhuteri të rënda me diamantë, vathë të mëdhenj apo karfica.

mos mbani gjyslyke dielli. hiqni nga xhaketa kartën e identifikimit, pineskat apo gjithçka të egzagjeruar.

Kur jeni e ulur mos qëndro dhe mos u përkul në njërën anë. Kur jeni e ulur mos i fusni dhe nxirrni duart nga xhepi.

mbani kokën lart në mënyrë që të mos lini përshtypjen e një fajtoreje kur jeni duke dëgjuar apo folur. evitoni ngritjen e syve drejt tavanit.

Përpiquni që shprehja e fytyrës të përkojë me seriozitetin e çështjes që po diskutoni. mos buzëqeshni/qeshni kur jeni në pozitë të vështirë.

Kërkoni t’ju bëhet pak tualet për të reduktuar reflektimet e dritës.

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moDuLe Three

The roLe of meDiA AND ciViL socieTy iN The DemocrATizATioN of muNicipALiTies

hotel Emerald 23 sep 2014

speakers:

� Besnik tahiri, director of the Kosovo Local Government Institute � Fatmir haxholli, m.a of european modern studies � Kushtim sadiku, KLan Kosova � adriatik Kelmendi, chief-editor in Koha vision � Petrit Zogaj, director of FoL movement � osman Bllaca, coordinator of InPo Programs

Topics:

� Presentation of the research: clientelism an alternative dimension of Governance in municipalities � the role of media in the increase of the transparency and accountability in municipalities � the role of the civil society in the democratization and the good governance in Kosovo

The Organization and the Functioning of Local Governance in Europe

hotel Emerald 24 september 2014

speakers:

� Besnik tahiri, director of Kosovo Local Government Institute � Jan Braathu, ambassador of the Kingdom of norway � norbert Piljs, Program manager – demos � Kai hofman, GIZ Local Governance Program manager � Gunter Fehlinger, GIZ cadaster team Leader

Topics:

� types of Local Governance in europe � norwegian Local Governance model � dutch Local Governance model � German and austrian Local Governance models

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The role of media and Civil society in the Democratization of municipalities

Besnik Tahiri, Executive Director - KLGi: Opening of the model

adriatik Kelmendi, editor in chief Koha vision: municipal officers contribute significantly to this field, and the mutual cooperation plays an important role in keeping the public satisfied with information. municipalities launch information and take action, thus there may be misunderstandings by parties as a result of the lack of experience or professional formation on the part of the journalist. Information in democracy has existed since the establishment of democracy, given the importance of this process and the fact that people expect accountability from those they have directly voted for. as journalists, we do not have time to deal with every single information launched by the municipalities, thus it is the editor’s task to select the main news that directly affect the life of citizens.

how to select the main news: In national media, such as Ktv, which is assigned a national frequency, importance is given to news related to education, healthcare and politics, since the latter is related to many other factors. We do not know all the problems, and you should not wait for the journalist to come to you, but instead you should launch the information. Information coming from citizens is very important and the journalist should prepare the news professionally without emotional impact.... there is so much good work that is not visible. Good work comes slowly, while bad news travels fast and has greater impact. media give space to news that feed the public curiosity. Without information there can be no fair judgment, without information there can be no opinion and without opinion there can be no critical thinking. dictatorship neutralizes the opinion. Information should not be influenced by the government.

Besnik tahiri, executive director - KLGI: media misunderstanding in relation to the municipalities is a serious problem that affects the news, the editor has to decide which news is important, and thus a phone call cannot be considered as pressure. the job is not done when we have submitted the news, for the impact is achieved when the news is launched. communication can be formal and informal. Journalists have a problem with funding, as their salaries are so low that they can hardly manage to cover their own expenses.

adriatik Kelmendi, editor in chief Koha vision: In a total of 38 municipalities there a few local tv stations. We do not assess the news on the basis of which municipalities have local tv stations. Local tv stations tend to take side with the municipal government, in order for them to survive. a good news takes a lot of work to become good news. the development of technology provides an advantage in launching the news. so, do not hesitate to launch the information, do not hesitate to say that you don’t have local tv but that you do have other alternatives for launching the information, and it is not a shame to call that journalism. the municipality of Graçanica had difficulties in cooperating with the tv station in Pristina, but the situation is better now. the journalists are not perfect either, and they look for the events that draw most attention. as for the freedom of media, Kosovo stands better than the

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neighboring countries, such as montenegro and macedonia, and even croatia as a member of eu, but it is still not what we aspire and neither is it at the highest standards.

Kushtrim sadiku, KLan Kosova: I have been very impressed with the Information offices’ approach to communication with media in some municipalities, such as vushtrri and Gjakova. It is very important not to hesitate to communicate with the local tv stations. Local tv stations play a vital role; however, they tend to be the voice of the municipality, which is very concerning. there are many journalists who work as municipal spokespersons and as journalist in the local media at the same time. therefore, the empowerment of local media is crucial. as national media, we cooperate with local tv stations, and very often we have information from a municipality while the local tv station does not have it.

Organization and Functioning of the Local Governance in Europe

Jan Braathu, ambassador of the Kingdom of norway: I am pleased to talk about this field. this region has become part of me in different phases. norway has a very important approach to this region. It helps this part of the region in different ways, even though we are far away in the north corner of europe. We believe that conflicts affect us all. norwegian municipalities in transition: Local politics in norway is important, reference is priority. norway has been part of denmark, when we were part of centralist politics, and decentralization did not come on its own. the year of 1837 brought about a big change. that is when we became independent. during that time period we developed the local policy. We wanted to be independent because we farmed our land and we were not accustomed to being dependent on others.

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as early as in 1837 they established 389 municipalities. norway has the state church which used have great influence, and when I was born I had to be baptized in the church, but this phenomenon has nowadays faded and does not have the same approach it had in 1800-1850. during that time period norway was the poorest country in europe, but economic development brought about a rise in the number of municipalities and thus the political transformation began. We as very independent as people, in 1830 we had 749 municipalities. the government thought that this was way too many, so in 1897 it reduced this number to 451 municipalities. today in 2014 we have 428 municipalities. the government wants to reduce this number to 109 municipalities. there were attempts to organize a referendum for citizens of the municipalities to declare themselves, but the referendum failed. the municipal councils for 5000 citizens consist of 11 councilors. the third biggest city has 83 councilors. We do not elect the mayor directly; instead we elect only municipal councilors, except for the city of oslo where the mayor is elected directly. there is discussion about setting the voting age requirement at 16. voters have to be registered at the municipality. citizens of the nordic countries living in municipalities have the right to vote since June 30. the free movement of people was enabled in 1970.

elections are based on the lists of the parties. the voter has the right to transfer the candidate from one list to another. there are three official languages in norway. the average turnout of voters for elections is 64%. the government is trying to stimulate women in politics because we are concerned about the fact that only 22 municipalities out of 428 are headed by women. our municipalities are very small. the government provides the budget, but the territorial size of the municipalities is very big. the average population of municipalities is 11 000 inhabitants, while in Britain it 17 000 inhabitants, and the eu has an average of 5400 inhabitants. the average size of the territory is 710 km2. If the number of municipalities is reduced to 109, we will end up having the largest municipalities in eu. the large territorial size of a municipality is a management issue. there are two trends in norway: in 2020 we will have more retired people and the birth rate will be higher. thus the municipalities will face an increasingly higher demand for healthcare and child care services. small municipalities face difficulties in providing the services. the government argues that the smaller the number of municipalities is the better the services are. norway looks to its neighbors, and we have watched danes. they have created large municipalities. experts have concluded that the creation of large municipalities in denmark has not given good results. the cooperation among municipalities has improved, for instance firefighter may belong to two municipalities and this kind of cooperation has given good results. nordic municipalities also have very good cooperation among themselves. It is different here in Kosovo, but I believe that this type of cooperation will be good for you, as well. citizens of smaller municipalities are happier. 45% of the candidates on the list must be women. my municipality held a referendum to join another municipality. But, the municipality we wanted to join did not want us. Local patriotism in norway is very strong. norway has 19 cantons and the government wants to dissolve them. the cantons are responsible for secondary education and they control the municipalities. each canton has a governor appointed by the state. municipalities may be governed by the cantons. most of the people do not get involved in major political issues, because they deal with politics that affect directly their neighborhood. norway does not have big industry. the economy has changed drastically since 1930’s. We give more priority to environment pollution and salaries, and we are very rigorous especially in relation to those two.

norbert Piljs, Program manager – demos: Local Governance in holland: What is holland’s biggest enemy? It is water. In 1500 we had the biggest cooperation on building the sea embankment when many tasks were transferred to local governance. In 1848 we adopted the structured constitution. We have informal rules. We have a monarchy system, but also democracy. the government is similar to Kosovo in terms of the formation. the King appoints the mandate holder for the establishment of the

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government. there is a balanced package of powers. We do not have a constitutional court. We are a member of eu and we have adopted eu laws. the government is situated in hague. holland consists of 12 provinces and 403 municipalities.

We have a four year cycle on three levels. We have the nationalist Party and local parties who register in the municipalities. the legal framework in Kosovo is good. the municipality has autonomy in some of its policies and there is good government-municipality cooperation. the central government controls social and educational policies, etc. the provinces have the same roles as the cantons in norway. the Provinces cannot collect tax. the municipalities have taxes similar to those in Kosovo. currently there is discussion about dissolving the province.

during the 800’s municipalities merged. the government does not interfere. the merging is voluntary and the process is organic. I believe that small municipalities can be merged. the municipalities have their municipal councils who elect the directors. the mayor is appointed by the king and this is inherited in our constitution. We have been criticized for the dictatorship, although we have democracy. the mayor is elected from among the members of the council. the mayor appoints the director of the police force, and the council has legislative powers. the city administrator is the most senior servant and he has the power to recruit people for work. he protects the civil servants from politics.

the local governance has competence similar to those in Kosovo. In the field of education it only provides for infrastructure. the budget allocation is similar to Kosovo, and is allocated on the basis of the number of inhabitants and square kilometers. every municipality has own source revenues. 25% of the national budget is spent on municipalities, as opposed to Kosovo where this percentage is only 12%. citizens’ involvement in discussions is very low. construction licenses are issued only so that people could refuse them. cooperation among municipalities is very strong. I hope decentralization will continue to develop in Kosovo.

Kai hofman, GIZ - Local Governance Program manager: Germany was always divided; there was no capital like for instance your Pristina. In 1918 we got rid of the king. We ended up with hitler. there were 37 parties and everything so politicized. We failed in our democracy, but now we are stable. the municipalities failed because of problems. after the fall of hitler they were like colonies. the allies were leading. this was part of history. our development burst after the marshal’s Plan. In the last 15 years we have seen the failure of citizen participation. In Germany we have 5 municipalities independent from the Federation. We have cities that have their local currency. In Germany there are economic differences between the north and the south. many municipalities in the north have bankrupted as a result of building so many roads and then failing in maintaining them. the cities take care of infrastructure but not any other costs. When you implement projects you must think about maintaining them.

Besnik tahiri: our mistake is that we ask for competence while we have no capacities. citizen participation in discussions is only logical when it produces results. I believe that the problem is with the municipalities who never tried to raise the awareness of the citizens. Lack of participation on the part of citizens is results of the perception of the leader as a corrupted politician.

Germany was fighting France and they realized it was a mistake, so they turned to cooperation. We must educate our children in the spirit of such cooperation.

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Gunter Fehlinger, GIZ – cadaster team Leader: We support the cooperation among municipalities. vienna has many problems just like you. austria has many similarities with you, but also many differences. austria is a member of eu. membership in the eu contributes to the infrastructure of the municipality. austria is a federal republic with 9 regions, and it functions quite well. Kosovo is well decentralized on the paper, but in reality it is very centralist. Pristina is a very big city. this is not how it is in austria. We should not create only one region. Kosovars, serbs and others are very successful in switzerland, austria because of decentralization. In Kosovo we have centralization and that does not help democracy.

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moDuLe four

coNsuLTATiVe commiTTees AND The suB-muNicipAL sysTem of LocAL

GoVerNANce

Ohrid, FyrOm09 – 11 October 2014

speakers:

� Besnik tahiri, m.a in Local Governance and International development � Begzad sinani, mayor of the municipality of Kamenica � Bajrush ymeri, deputy mayor of the municipality of novobërdë � agron maxhuni, director of the Legal department– mLGa

Topics:

� consultative committees � the sub-municipal system of Local Governance � the obligations of the municipalities based on the sectorial Laws

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The citizen outside the decision making

Living in rural areas, over half of the Kosovo population is excluded from representation, consultation, decision making and in particular from the approach to service at the municipal level. although they should be the key instrument building local expertise, presentations and discussion related to consultative committees in the fourth module of the “academy of Local Governance – III”, show that committees are mostly not functional. the functioning of these mechanisms as well as the local committees would be an important factor for the development of a sustainable link between the political and citizenship representation, with local expertise, that would results with a higher quality policy making.

evidence based on the data of the Kosovo Institute for Local Governance show that until now the consultative committees in municipalities and local councils have only presented one formal aspect of meeting the legal criteria and have not been serving the purpose of connecting with citizens, knowledge and sector expertise.

When we added the fact that the two mandatory meetings of the municipality with the citizens, and the public consultation on budget have turned into dry meetings without any content, we concluded in the Fourth module that the participation and the representation of the public in decision making processes have turned into a meaningless “game”! From the discussions and workshops within this module the following recommendation emerged:

the sub-municipal level should come up with specific procedures for making the local councils functional, and providing them with budget for activities related to the democratization of the local governance;

consultative committees should be positioned as a substantial factor of policy making in the municipality;

Public consultations should turn into a platform for strategic and developmental governance, by becoming an integral part of the overall policy making cycle, from drafting to implementation.

Excluded citizens

In the initial highlights of this program it was concluded that until now we have not managed to consolidate the local governance system, which would enable the citizen to be give input, participate and be actively represented in decision making.

as a result, we have the dominant majority of the citizens who are disconnected and indifferent towards the developments in the municipality on the one hand, and on the other hand, we have representation of a very small number of them, mainly through political structures and parties. It was also said the this political culture of excluding most of the citizens is a consequence of a wrong approach in the process of consolidating democratization, with key beneficiaries of the specialized democratization programs have mainly been the citizens of urban areas.

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consequently, throughout this process we see that citizens are provided scarce and low quality services, there is no civic activism in defending and promoting public interests and development and welfare projects, and we see a governance lacking proper political and civic legitimacy.

taking as example good western practices, some good local practices and the experience of the representatives in the field of local governance, Kosovo Local Government Institute will deal with this topic through its “academy of Local Governance-III” and will present findings and specific recommendations for local democratic consolidation and citizen inclusion.

prOVisiON OF LOCAL sErViCEs – mEETiNG END usEr NEEDs

municipalities through enhancing their necessary capacities, improve quality and efficiency of sector services provided to citizens. these capacities are focused at creating standards based on public consultations, by adding capacities for improvement of efficiency by which such services are provided and by implementing efficient mechanisms of low cost for non-political functioning in offices, to lower the cost of services and human resources in order to re-direct important funds for capital investments in developmental programs.

In order to efficiently strengthen capacities for provision of services, not only that attention needs to be paid to specific interventions in the sector, but the need arises also for using a number of important tools of management which are able to significantly improve productivity of a wide range of municipal services – which include from most obvious sector services such as education, health, potable water, hygiene and public transportation, up to those which are less visible nut not less important such as administrative services.

Making the services efficient and building capacities of desk office staff should be set as a priority in order to provide clients with facilitations of receiving services that they need by providing many services at one place and thus decreasing the time the

citizens need to gather information. This is going to reduce the volume of works for a large number of civil servants thus enabling them quick solution to the specific

problems the citizens raise.

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municipalities should make their efforts for technical aid intended to strengthen capacities in three of these fields of service provision: (i) setting standards of functioning at service provision; (ii) adequate facilities where all services would be provided at one place, to make more efficient service provision in the reception offices for the citizens and (iii) improvement of efficiency of services of low cost through agreements for provision of services in joint or inter-municipal manner.

setting standards at providing services.

at municipal level, the complexity of competences and weak training have resulted at provision of services to be even more vague from a range of procedures, regulations, directives and conditions. moreover, standards may not be set in arbitrary manner – continuous consultation processes are required with the local communities (village leaders, businesses, civil society, groups of interest) for determining standards of key services such as that of: health care and education, access to clean water, public transportation and waste collection.

Effective provision of services

majority of municipalities have one “reception office” which usually is located at the entrance of the main building of the municipality. Personnel of this office may direct citizens to the responsible department which may be responsible for their concerns. however, citizens are usually obliged to roam around in the premises of municipality or to knock on more doors in order to get the information or the service that they need, as a result of this, the personnel of the reception office does not clearly understand the functions and responsibility of different directories.

provision of services through inter-municipal cooperation

objective of inter-municipal cooperation is improvement of management of local issues and quality of provision of municipal services at acceptable services. Inter-municipal cooperation is more useful when it leads to increase of economic efficiency, in cases when the municipalities combine their resources to use the economies of that level and to divide tasks by proper expertise.

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“mEChANism OF LAWs FOr ThE muNiCipALiTiEs”

agron maxhuni, director of the Legal department– mLGa

ministry of Local Government administration respectively Legal department and monitoring of municipalities, relying on responsibilities arising from annex XII of the rules of Procedure of the Government on responsibilities of office of Prime minister and ministries, has defined objectives and priorities that would affected the development of local legislation, to implement primary legislation and has drafted the mechanism of legal obligations for municipalities.

the purpose of this mechanism is the implementation of legal obligations of the municipalities arising from legislation adopted in the assembly of Kosova for the period 2008-2013. this mechanism enables municipalities, to perform legal obligations in drafting secondary legislation and other obligations that derive from primary legislation.

the mechanism aims to facilitate the work of local bodies, by identifying and presenting legal obligations for the local level and which conform to these obligations must take the steps required for certain areas, so to perform legal obligations respecting legal procedures and deadlines.

mLGa will help municipalities in meeting legal obligations and will monitor the obligations for each municipality in particular, whether they have achieved to meet obligations towards the legislation in force.

this document is drafted, to support municipalities with the aim of monitoring legal obligations of municipalities arising from the base legislation for local self-government and the sectoral legislation.

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moDuLe fiVe

LocAL GoVerNANce iN KosoVo (efforTs ToWArDs efficieNT serVices AT

The LocAL LeVeL)

Durrës, republic of Albania

27– 29 November 2014

speakers:

� Besnik tahir, master of Local Governance and International development � Fatmir haxholli, master of european Integration

Topics:

� Local Governance in Kosovo (efforts towards efficient services at the local level) � municipalities in the role of high performance organizations � the role of municipalities towards european Integration

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LOCAL GOVErNANCE AND ADmiNisTrATiON – iN ThE rOLE OF ThE OrGANisATiON WiTh hiGh pErFOrmANCE

municipalities should engage that through a functional review of administration define the work references and the positions of the staff in each sector. municipalities should add attention to a range of important issues, which are focused specifically on the need to make a functional review and to ensure civil servants in municipal level to fulfil the required administrative and professional conditions that are needed to carry out the municipal functions.

Functional review of the personnel in municipal level

municipalities should be based on the experience of the eastern europe countries, which have dealt with similar challenges of the personnel based on the work that is related to functional review with the purpose of identification in systematic manner, to re-determine the important functional needs and to make the organisational divisions in the municipality, by re-systemising the employees based on the their profiles and skills related to the re-defined functional units of the municipality.

Functional review is related to significant efforts for training the employees with the purpose of enhancement of their skills. such an initiative should be supplemented also with auxiliary packages of professional and technical support by mLGa and mPa aiming at creation of a sustainable system for personnel management based on meritocracy.

management and leadership in the process of modernisation

modernisation of management aims at comprehensively develop the important skills and in general to change the manner of thinking by the managers and municipal employees towards a more proactive culture of management.

iNTEr-GOVErNmENTAL AND muNiCipAL FiNANCE

Generation and management of local revenues

tax collection is a significant challenge for municipalities in Kosovo, which take their majority of financing from the central government. on the other hand this has led to an important discussion regarding the appropriate levels of financing of municipalities through grants – i.e., whether municipalities have been given mandate without having been allocated respective funds. For this reason the municipalities should be able to determine the quantity of difference between own potential revenues and their demands for funds for administering services which have been given to them as responsibility.

Local systems of capital investment

For fulfilment of their new responsibilities at service provision in determined sectors as per LLGF and as provided for by Proposal of ahtisari, local governments would need a large increase of financing for capital investments - not to say a complete change of the existing system of local financing for capital investment.

at the moment, municipalities of Kosovo function with weak mechanisms, formed in ad hoc basis, for financing of capital investments, limited greatly to options which are available within the annual budget process. having in consideration the lack of vision of development planning in the budget process, financing of capital investment in the municipalities has been similarly impeded also from ad hoc short term decision making.

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municipalities are at risk of ending the year of 2014 with budget surplus of tens of millions

Being limited by applicable laws, complicated procurement procedures and the inability to review the budget municipalities are expected to end up with tens of millions in surplus

Kosovo Local Government Institute within its program “academy of Local Governance–moduli v”, together with participants from municipalities discussed about the direction we should take towards further advancing of the local governance, with particular emphasis on service provision and improving the performance of the municipalities.

the discussions emphasized the financial management of the municipalities considering the fact that the Law on Local Government Finance (LLGF) aims the strengthening of the fiscal autonomy and the management responsibilities of the municipalities – in relation to their competencies for providing services – and at the same time ensuring an efficient framework for cross-institutional fiscal responsibility.

the municipalities in Kosovo are currently functioning with impromptu established, very weak capital investment mechanisms and are, in addition, largely limited by the available options in the yearly budget process. taking into account the lack of a vision for developmental planning in the budget process, the financing of capital investments in municipalities was similarly obstructed by ad hos, short-term decision making, as well.

Limited by the applicable laws, complicated procurement procedures and the inability of reviewing the budget, municipalities are expected to end up with tens of millions in surplus, including also the fact that they have taken up the responsibility to cover the salary increase. thus the need for municipalities and the ministry of Local Governance, and other relevant ministries, to find more accurate ways for financial planning and management at the local level.

therefore, it is necessary for the municipalities to develop an Integrated Planning system, which would include a whole set of operational practices to ensure efficient and coherent planning and monitoring of overall governance policies. this would ensure a broad framework for the functioning of the main governance processed for financial and policy planning. the Integrated Planning system should be the key decision making system for setting strategic directions and the distribution of resources.

through an inclusive process the main purpose of the IPs should be the drafting of a strategic plan, including harmonization, adjustment of the existing planning systems within the new system, reorganization of organizational structures and elimination of repeated requests by sectors. this way we can avoid fragmentation and repetition between the main governance policies and the financial planning processes.

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