The Governance Commission (GC) has finally released a paper on national decentralization policy.  From the onset, GC chair, Dr. Amos Sawyer, clarified that the concept is not meant to lead towards a federal sate, one in which there is substantial devolution of powers with states or regions caring key socio-economic and security burdens.

While there are hopes of autonomy breeding better governance for marginalized rural people, fears   of higher corruption and misrule are also justified. If for example, Superintendents and other County officials, under direct control and monitoring of a centralized presidency, could so blatantly mismanage funds allocated under the County Development Fund without consequences, elected County officials, far more difficult to dismiss and sanction, are more likely to do the same even more fearlessly, since impeachment is not an easy affair.  They will be ‘small presidents’ hard to touch once elected.

However, Cllr. Yarsuo Weh-Dorlea, one of the GC commissioners behind the think-tank for decentralization, told this paper that the process proposed is not a perfect one, but that decentralization will lead to greater participation of the population in decisions that affect them. He argued that development can be fostered when power is distributed, and that Liberia’s chronic underdevelopment over a century and half has been linked to the centralization of power in Monrovia, with other parts of the country having little or no say.

But the position of Monrovia, the central government, as an unchallenged bastion of power and influence can best be understood that those who want to seek better opportunities in life flock to Monrovia, where those who make decisions on these opportunities and get them live.  If one wants to be liberated from oppression, material or otherwise, then living in Monrovia provides an opportunity. “My son is in Monrovia”, just as “My son is in America”, can be status labels of influence.

The argument that a unitary, highly centralized state is the cause of underdevelopment, with the belief that decentralized power ensures an exit from underdevelopment, has been raised.

There is no empirical evidence that decentralized power is a panacea out of underdevelopment.  If corruption and the abuse of power are endemic in a country, one can contend, devolution of power can only lead to the devolution of these vices.  To the contrary, despite evidence that many developed countries have decentralized political authority, some of the fastest developed states—the collapsed Soviet Union and China—had highly centralized powers, although far from democratic.  The former Soviet Union raised from a feudal to a world power, while China is today the world’s largest economy.

In post-colonial Africa, power was and remains highly centralized, with underdevelopment as the result. But there is no evidence available to suggest that centralized power is the root cause of Africa’s underdevelopment under one-party hegemonies.  Centralization or decentralization can attract corruption, the abuse of power and therefore the entrenchment of poverty.

Within 2 years, President Ellen Johnson Sirleaf, one of the agents of decentralization, has assured, County Superintendents will be elected, freeing them from presidential appointment.  But it remains to be seen how they take the job—if elected or appointed—whether they will make a difference.

According to the GC proposed policy, elected Superintendents can be removed from office through impeachment only, with the president or citizens in a petition asking the national legislature to institute impeachment proceedings.

Thus if an elected Superintendent is accused of abusing his or her office, the cumbersome and expensive regime of impeachment is the only way of dismissal.

This provision is understandable because the position is an elected one, and it restricts an over-bearing president simply waking up one morning to dismiss a Superintendent, as is now the case.

There are other unfinished aspects of the policy that are pivotal in its successful implementation. Who, for example, pays the elected County Superintendent and members of the County Assembly? With the rising bill for the National Legislature, where will the money come from to pay additional mini-legislatures?

Cllr. Weh-Dorlea, in answering these and other questions, said the answers are being considered.

But the policy entails a general grant on equal basis to all the Counties in the first year. After that, the Central Government will use population distribution in its revenue scheme with the Counties.  This suggests that poorer Counties with virtually no mineral resources or viable economic entities will be left behind, creating further national economic imbalances.

While Counties under the new decentralization policy will levy taxes, the policy also grants them the right to make key economic decisions, as it states:

“County governments and their local citizens shall have the power to operate as autonomous political sub-national units of the country; they shall have the powers to make local economic development, and administrative decisions so long as they conform to national laws and regulations.”

But the right to enter foreign concessions is limited to the central government only:

“County governments shall be legally competent to enter into

contracts and agreements with local entities and with other counties

and shall represent county concerns in all negotiations pertaining to

extractive industries and the establishment of such industries for the

development of their geographic areas; and

“The national Legislature shall enact appropriate laws from time to time to ensure that powers, duties responsibilities and resources are transferred from national government to county government to enable them to plan, budget, initiate, implement and execute local policies and programs.”

The powers and responsibilities of part-time embers of the County Legislative Assemblies (CLAs) are immense, amongst them taxation and its controversial nature. The policy will certainly create jobs, but again the question is, who will pay staffs of the secretariats and others. Even within the National Legislature, nepotism in hiring staff with competence sacrificed is high. Below are the CLA and the Superintendents powers and responsibilities, however:

3.2 Organization of the County Legislative Assembly:

The following shall characterize the County Legislative Assembly:

3.2.1 County Legislative Assembly members shall serve as part-time paid members of county government. They shall serve part-time, assemble at the county headquarters on a quarterly basis; and shall be paid travel costs and honorarium for their quarterly sitting at the rate to be determined by the National Legislature;

At its first meeting, the CLA shall elect from its members, a chairperson who shall coordinate agenda setting, administer the proceedings of the Assembly and direct its overall operations;

The County Legislative Assembly shall maintain a permanent office at the county headquarters and shall have a permanent technical staff headed by a Secretary for County Legislative Affairs and atleast one assistant both of whom shall be responsible for drafting county ordinances and regulations for consideration by the CLA. The technical staff shall report to the CLA through its chair; it shall also assist the chair in preparing material for the use of the CLA and perform other such administrative tasks as shall be assigned; the Secretary for Legislative Affairs and all technical and administrative staff shall be civil servants and shall be appointed from a list of eligible personnel established by the national Civil Service Agency; and the CLA shall set rules to govern its activities including rules establishing and operating a permanent technical secretariat to administer its affairs.

Powers of the County Legislative Assembly:

The National Legislature shall, from time to time, prescribe the powers and functions of the County Legislative Assembly, which shall include:

Collaboration with the county executive branch in the planning and implementation of programs for the effective mobilization of local resources for the overall development of the county; Confirmation of the appointment by the Superintendent, of all heads of the county administrative agencies;

Levying of local taxes, rates, duties, fees, and fines; and authorizing the issuance of certain licenses and operating permits to local businesses;

Approval of the annual county development plan and the county budget;

Enactment of local ordinances, rules and regulations to promote the peace, maintain public order and provide for the delivery of basic public goods and services, including but not limited to health,

Sanitation, public works, education, human services, gender equality, economic and business development, sports, culture, tourism, park and creation, and others; and

Establishing such administrative agencies (beyond the nationally mandated agencies) as the counties may deem appropriate for their good governance and development.

3.4      Powers of the County Superintendent:

The Superintendent shall be responsible for the overall supervision of the administration of the county, upholding the national constitution, and assuring that the various county ordinances, and the national laws and regulations are faithfully executed in all county business.

The Superintendent shall prepare a county development plan and budget, and present same to the CLA in a timely fashion for their consideration annually. He/she shall also present to the CLA for adoption such ordnances, regulations and revenue instruments as are appropriate for the welfare of the county;

The superintendent shall submit annual reports to the President through the Minister of Internal Affairs and the CLA on the status of the county, its progress toward county and national development goals, its key programs and challenges, and such other information as are necessary for future planning purposes and for the effective and prudent management of county affairs; notwithstanding, this reporting process shall not be construed as bestowing upon the Minister of Internal Affairs powers of control over the affairs of counties;

The Superintendent shall keep collaborating line ministries and agencies and all such national authority institutions informed on matters regarding status of their national programs and projects;

Similarly, the line ministries and agencies shall keep the superintendent informed of matters regarding operations of their national programs in the county; the Superintendent shall have authority to supervise their condition and effective administration.

The Superintendent Shall appoint heads of the various county agencies and bureaus from an approved civil service eligible list, subject to the confirmation by the CLA by simple majority; the Superintendent shall also appoint and certificate town chiefs in consultation with, and upon recommendation of the elders of the towns; and

3.4.4 The superintendent shall have veto power over the CLA actions, which can be overridden by a 60% majority of the CLA.

3.5       Additional Powers of the County Government:

The National Legislature shall enact appropriate laws from time to time, providing for the taking of measures by the county government that are necessary to strengthen and enhance the capacity of county government authorities to initiate, plan, implement and evaluate public policies and programs with respect to poverty reduction, improving human conditions and all such matters affecting the people within their geo-political subdivisions.

3.6       Organization and Operations of County Districts:

Each county district shall operate a district administrative office; in a district headquarter; a principal administrative officer known, as the District Commissioner shall manage each district;

3.6.1 The district administrative office shall include a project identification, planning and development officer, a health officer, education officer, an agriculture services officer and such other personnel assigned to the districts by the Superintendent and the national government; the county personnel shall be employed and supervised by the appropriate county bureaus, which shall be responsible for their pay and allowances;

3.6.2

District Commissioner shall be responsible for the implementation of County policies and programs in the districts as well as for leading a process of grass-root based priority setting and project identification, which shall be submitted for the consideration in the district plan. The plan shall be submitted with cost estimates annually to the Superintendent in time for the Superintendent to consider in developing the annual county plan and budget; and 3.6.3 Each district shall elect a volunteer advisory board which shall meet at least four times each year, advise the district commissioner regarding chiefdom and clan conditions and needs, and provide input for the district planning process. They shall receive travel costs and an honorarium determined by the County Legislative Assembly.

11. FISCAL POWERS

The national government shall enact appropriate laws to ensure that fiscal resources, functions, powers and responsibilities are transferred from the central government to county governments thereby ensuring greater participation of the citizens in accordance with Chapter 2 Article 7 of the Constitution.

4.1 The national government shall establish a sound financial base with identifiable, adequate and reliable sources of revenue for each county government; it shall initiate a sustainable and recurring program of direct revenue sharing with county governments and shall authorize local taxes. In the implementation of this policy, all functions devolved to local governments shall be linked to allocation of the funds required to execute those functions. Funds shall be allocated according to a clear and transparent formula taking into account adherence to good governance practices and standards

4.1.1 Direct Revenue Sharing

The national government shall, on the onset of implementation of the program of fiscal decentralization, and in the first year, make an initial lump sum grant which shall be distributed and shared in equal amounts to all county governments. Thereafter, all funds, grants, and revenues allocated by the national government shall be shared with county governments and shall be distributed according to a clear and transparent formula that takes into account population, good governance practices and other factors to be determined by policy and legislation.

4.1.2 Local Revenues

The National Legislature shall establish a county tax base for each county. It shall from time to time also prescribe the types of taxes, rates, fees, and fines, which may be levied by the CLA; and the issuance of certain licenses and operating permits to local businesses, which also may be levied by the CLA.

4.1.3 Taxes

County governments shall raise and own revenues collected from property levied on all real estate property within the geo-political boundaries of the county and from such other legally established sources of revenue in the revenue sharing arrangement.

4.1.4    Licenses and Fees

The county government shall be authorized to raise and own revenue collected from the issuance of licenses, inspection fees, fines and operating permits to local businesses in the county including restaurants, cook shops, all categories of trading stores and provision shops hotels and motels, shoe repair shops, barber shops, motor vehicle repair garages, gas stations, and such other business as shall be determined by the CLA from time to time.

4.2      County Budget and Civil Service System:

Each county government shall operate its own personnel and budget system in compliance with the national laws and civil service regulations of Liberia. In order to provide adequate, consolidated and cost-effective support to local government, the county’s personnel management program shall be integrated with its budget planning.

4.2.1 All salaries, wages, fees and all forms of compensation and payments for services rendered to the county government shall be paid by the county government from the county government budget. All persons who are employed from the county government budget shall be paid by said government through its payroll. Persons employed and paid by the county government shall be under the administrative control and direction of the county authority. Terms of employment and salaries shall be determined by the county personnel office and shall be consistent with national civil service regulations.

4.2.2 All citizens of Liberia shall have equal opportunity to be employed in any county and to work for any county government regardless of tribe ethnic affiliation, gender, age, disability, religious belief or political’ opinion. Employment practices in any county must at all time be in compliance with the national Civil Service Regulations of Liberia

PARTV

ADMINISTRATIVE REGULATIONS

Section 5.0 The national government shall establish and pass into law a code of Administrative Regulations to govern the structure, organization, administrative powers and reporting relationships of all elected and appointed officers of county government as outlined in this document.

5.1 Administrative Organization of County Government

The National Legislature shall, from time to time, prescribe and establish administrative agencies of local government upon the petition of county governments as deemed appropriate for good governance and based on the county’s prevailing economic development needs. Administrative agencies of county government shall be named or styled department, bureau or commission as shall be determined by each county government. The national government shall prescribe the first administrative agencies to be established concurrently in each county upon implementation of this national policy. These shall include:

- Department of Revenue, Expenditure & Budget

- Department of Administration and Personnel Department of Public Works and Utilities

- Department of Health and Social Welfare

- Department of Agriculture and Commerce

- Department of Education, Information & Sports Community Enterprise Development Agency (CEDA)

The title of the chief administrative officer and head of each county agency shall be called Director; the mission, purposes and powers of administrative agencies shall be prescribed in the enabling acts passed by the National Legislature for the creation of such agencies.

5.2 All heads of county administrative agencies shall be appointed by

the Superintendent with the consent of the County Legislative

Assembly.

They shall be selected from a nationally established civil service list of eligible officers. They shall serve in any county as long as they have the confidence of the Superintendents. They shall administer county and national programs in their respective counties and facilitate the monitoring and evaluation of county conditions and of national programs for the relevant national ministries.

5.3 National ministries shall develop national goals in consultation wit county technical personnel, shall design and provide robust programs of technical assistance, outreach and training useful to the counties, analyze and develop policies and programs appropriate for county development, and monitor and evaluate the performance of counties in achieving national goals in their respective sectors. The national Civil Service Agency and the Liberia Institute for Public Administration shall provide administrative assistance and guidance in the development of county personnel systems, human resources management, training and capacity building for county development. The Governance Commission shall assist county governments in crafting and reviewing sub-national institutions and policies.

5.4 Reporting Relationships:

The Superintendent shall by law, report to the President of Liberia, and shall maintain a symbiotic or interdependent administrative, executive, and advisory relationship with the Minister of Internal Affairs. The Superintendent shall report annually to the President of Liberia through the Ministry of Internal Affairs on all matters including the general and specific circumstances and status of the county, its administration and fiscal status; the report shall also include the extent of the county’s conformity with national regulations and standards of good governance.