MINUTES AND SUBMISSION IN THE CIVIL SERVICE AND EXECUTIVE COUNCIL MERMORANDA.
J.E Ogbewi (CEE ENN KONSULT) Benin City.
CONCEPT OF MINUTING
AND SUBMISSION
The Chambers dictionary defines Minutes and Submission as follows:
(a). Minute - a brief jotting or noted"
(b). Submission - a view submitted "
Augustus Adebayo in his book titled Principles and Practice of Public Administration in Nigeria described minutes as view, opinion, advice, information or directive expressed in writing. Minuting is. therefore, a process by which an Officer records and communicates his view. opinion and advice which he tenders on any given issue to another Officer in a written form. Submission is also a view in writing, which an Officer submits to another Officer. The difference between the two terms, muting and submission lias to do with scope rather than content. One characteristic common to the two concepts. However, is that they are written means of communication? They differ from the verbal means of communication such as the telephone, and face-to-face discussion which are also employed in the Civil Service or any other organisation. Since minuting, submission and letters are written communication, they serve as framework of reference long after they have been written, unlike the oral cominunication.
OBJECTIVES OF MINUTING
AND SUBMISSION.
There are several objectives of minuting and submission. They can conveniently
be divided into two, namely
I. They serve as instruments of Communication
ii. They can aid decision- Making process
AS INSTRUMENTS OF COMMUNICATION
Communication as we know. Involves the transfer of information from one person
(the sender or source) to another person (the receiver). \without the means
and capacity to communicate business. government and community activities cannot
take place.
In the Civil Service certain situations arise which necessitate the writing
ot minutes and submission. They include
Thus minuting, submission
and letters facilitate the flow of information upward, downward and horizontally
within the organisation and outside the organisation in the case of letters.
Certain problems usually
occur when using minuting, submission and letters as means of communication.
When human beings try to communicate there is often conflict between the intended
meaning of a message encoded by the source of sender and the interpreted meaning
of a message as decoded by the receiver. Sometimes, human receiver interprets
message, respond to interpreted meaning, rather than intended meaning. When
interpreted meaning of a message does not match a sender's intended meaning,
senders and receivers of information find themselves at cross purpose. In minuting,
submission and letter writing this problem occurs and it is one of the courses
of disagreement and divergence of view between the writers and the readers.
The divergence in intended
and interpreted meaning of message can be avoided if a sender's expressions
are clear, concise and simple. By clarity of expression, we mean that the wording
of a message should be so clear that it should not be misunderstood by anyone
trying to interpret it. Clumsy wording of a message gives a different meaning
to the one intended. Incoherent arrangement of ideas could also produce the
same results. These are invariably products of lack of clear and
logical thinking. In order to make writing as clear as possible for the reader,
brevity, conciseness and simplicity are essential. A writer can achieve brevity
and simplicity in several ways:
By developing the style
of omitting needless words or expressions without altering the meaning of message
e.g in the sentence "the occasion was very unique", the word very
can be omitted without doing any damage to the message intended to be conveyed.
By using the active construction
instead of the passive (e.g) "We think" is preferable to "it
is thought" not only because it has more force but also because it clarifies
who is reported as doing what.
SHORT TITLES AND ABBREVIATIONS:
There are certain short titles and abbreviation usually used in minuting and
submission in the Civil Service. The list of some of the short titles and abbreviation
are contained in annexure 1. Let me caution on the use of two of these abbreviations.
They are "PA. and K.I.V." A. means "Put away" while K.I.V.
means "keep in view". The use of P.A. in practice does more harms
than good particularly when there are several unanswered letters or matters
in a file. If a file is sent to you by a senior Officer for disposal, you are
expected to keep yourself fully briefed on the actions taken in the file before
marking file "PA., if no action is outstanding. The abbreviation P.A. is
very significant because an Officer is in fact treating the matter under consideration
and all other correspondences in the file, as closed or fully resolved. They
may not necessarily be. Similarly, some Officers particularly registry staff
often misconstrue "K.I.V" to mean " P.A" The intention of
K.I.V IS FOR AN officer to whom it is addressed to re-open the matter when there
is further development on it. It is often observed that when developments occur
it is usually treated as a fresh issue perhaps in another file. It is in this
context that "B.U. meaning
"Bring up" at specific date is preferred to K.I.V, if an action is
still being expected on an issue.
AN AID TO DECISION MAKING
The ultimate goal of minuting and submission is to assist in taking rational
decision on a given problem by prescribing the best alternative course of action.
In order to accomplish this, data have to be gathered from all sources in order
to have enough information on the problem. There are several sources of data
or information. These include current and preceding volumes of file on the subjects;
financial memoranda approves scheme of service, public service rules, Gazette
publications and Financial Regulations. Others are the annual estimates or budget,
the development plan, circular letter, daily plan, daily papers and magazines,
reports of inquires, textbooks, and personal inquires. Factual and current information
are necessary in order not to base decision on wrong premises:
MECHANISM OF WRITING
MINUTES AND SUBMISSION
STRUCTURE:
A minute or submission should begin with the designation at the top left
hand-side of the Officer to whom it is addressed, that is, the addressee. Usually
he is the immediate boss. In a formal set up a subordinate is not allowed to
by-pass his immediate superior or set aside the established line of communication
in matters that are strictly official. Even where the minute is meant for a
much higher Officer, it should be routed through the immediate superior Officer
to enable him add his input.
The main body of the minute
should contain the purpose or problem on hand and based on the information at
the disposal of the writer, he puts up the argument for or against a particular
line of action, the option open to the policy maker and their implications and
prayer or recommendation which summaries his prescription and what line of action
he requires his superior Officer to take in the circumstances. Finally, the
minute should end by the name of the writer and his designation at the bottom
left hand side including the date the minute was written.
The true test of a good
minutes lies not only on the clarity of expression but also on the ability of
the writer to identify the purpose or problem, and analyses the alternative
courses of action. A minute or submission is incomplete without a recommendation,
which must flow from the analysis of the possible courses of action.
TYPES:
Although minutes and submission vary from one subject to another, for the purpose
of this discussion, we can conveniently classify them into two main categories.
These include:
(a) Routine; and
(b) Problem solving minutes.
Each of these has its own
peculiarities. Our classification does not include loose minutes, which are
intended to solve urgent problem, but it assumes the same structure as a routine
or problem solving minutes.
ROUTINE MINUTES/SUBMISSION:
This is usually a very simple one. There are certain matters that are routine
in nature because they require merely the application of rules and procedures,
which have been laid down. Minuting on\such subject is a strait forward affair.
It\ioes not require the prescription of alternative courses of action on the
subject matter. What is actually required in the circumstance is for the writer
to state the problem or the subject-matter and draw attention^to the extant
rules, regulations and circular e%. governing it. Typical example are the processing
of applications for in-service training, study leave without pay, technical
assistance, annual leave, maternity leave, pension.and gratuity etc. Any views
expresses and advice tendered on such matters are expected to be in conformity
with the laid down laws, rules and regulations.
PROBLEM SOLVING MINUTE/
SUBMISSION:
This is more complicated than the routine minute/submission. It requires special
skill and scientific approach. The first step in problem solving minute/ submission
is to research into the subject matter before attempting to put ideas down on
paper. The purpose is to obtain relevant background information which can be
used to build up argument for or against the options open to the decision maker.
Such information can be obtained by reading back into the subject file including
the closed volumes which probably have been kept away in the archive. Research
into the subject matter should also extend to what the existing laws, rules,
and regulation say on the issue, the idea being to ensure that any measures
recommended are not challenged in the court of law and are not based on wrong
premises. Consultations with professional experts on the subject is another
source of information. This is why at the state level, the view of the Ministry
of Justice is ought on legal matters and those of the Ministry of Works or bills
of quality.
The second step is to build
up the minute and submission with the data collected. At this stage, the writer
is expected to arrange his thoughts and ideas in a logical sequence. First,
he states the problem on hand or the purpose of the minute and them progress
to identify the various options for achieving the goal being sought and their
implications. At the end, the best of all the alternatives is recommended advancing
arguments in support of the views held. Sometimes, in doing this, an Officer
is expected to resort to quantitative techniques such as the cost-benefit analysis
to present the facts in a more convincing manner.
SUMMARY:
In this paper., we started with defining the concept of Minuting and submission.
We observe that the two terms are written means of communication in an organisation.
The distinction between Minuting and submission has to do with scope rather
than content. Minuting and submission serves certain purposes.Apart from serving
as means of communication, they are also aid in decision-making. To achieve
these objectives, writers expression must be clear, concise and simple. Apart
from developing writing skills the procedure for writing minutes, submission
and letters should also be followed.
THE CONCEPT OF MEMORANDUM
The dictionary concept of memorandum is that of "a legal record of an agreement
that has been reached" or "a brief note of some legal transaction"..
This definition sees memorandum as an agreement. Memorandum also serves as a
means with which opinion groups, publish agencies and informed private individuals
send their inputs into public policy formulation process. Similarly, in administrative
and judicial inquiries, memorandum serves as a useful means of eliciting information
from the public which leads the investigators to establish the truth or otherwise
of a matter.
As an instrument in foreign
policy relations, memorandum manifests in various forms. It can be seen as an
agreement or understanding in bilateral relations. An example is the US-Isreali
Memorandum in which the USA agreed to support Israel if Egypt violated the terms
of the peace treaty and to use its vote to stop any Security Council action
against the peace treaty.
EXECUTIVE COUNCIL (EC):
Before defining Executive council Memorandum, it is appropriate to first operationalise
the term 'Executive Council''. At the State level, the EC is a body compromising
the Governor, the Deputy Governor and the Commissioners. This body meets regularly
to determine the general direction of die policies of the State Government.
At the Federal level, it is a body compromising the President, the Vice President
and the Ministers. At both levels, the Secretary to the Government is the Secretary
to the Council.
EXECUTIVE COUNCIL MEMORANDUM:
Viewed from the public service perspective, an executive council memorandum
is a submission or brief of important matters put before an Executive Council
requiring authoritative decision. Executive Council memoranda emanate from Council
members who are normally the Chief Executives of their respective ministries.
The same process applies to the Federal Executive Council memorandum. Memoranda
affecting Parastatals are sponsored by the supervisory Ministry.
SOURCES OF EXECUTIVE COUNCIL MEMORANDA:
The broad subject
areas which generate the need for Executive Council memoranda include the following:
-
TRADITIONAL SUBJECT
Certain traditional subject matters must of necessity be cleared with the executive
council appropriation accounts; supplementary budget; the rolling plan (including
State and Local programmes); tenders involving heavy arnount in line with contract
award procedures in the public service, etc. These areas of activities such
as the annual expenditure estimates require Executive Council approval before
being presented to the legislature for deliberation and approval culminating
in the Governor's or President's assent as the case may be.
REPORTS:
There are instances when government sets up important inquiries such as administrative
and judicial inquiries. The report of such inquiries must be processed to the
Executive Council for ultimate decision. The Commissioner (or the council member)
who is in-charge of the Ministry with primary responsibility for the subject
of inquiry would present such memoranda to the Council.
POLICY PROPOSALS:
Council members may also deem it necessary to introduce new policy measures
or to propose amendments to existing policy for a more effective and efficient
public service output. Also the policy proposals may target the private sector
with a view to regulating or positively influencing their
activities for optimal socio-economic goals realization. Vital policy issues
of this nature which may cut across different sectors/sub sectors as agriculture,
manufacturing (industry), energy, education, etc. would need to be packaged
in memoranda to the Executive Council for consideration.
VITAL ISSUES OF STATE
INTEREST
Virtually all important state matters need to be presented to government not
only for information but for consideration and policy decision as the case may
be. Issues such as inter-local government boundary disputes, revenue allocation
formula (national issue which should constitute Federal Executive Council Memorandum),
a proposal ori establishing a University, Chieftaincy and Local Government laws
fall within this category that generate executive council memoranda.
IMPORTANCE OF EXECUTIVE
COUNCIL MEMORANDA;
The importance of Executive Council memoranda are:
PREPARATION OF EXECUTIVE
COUNCIL MEMORANDA:
An executive council memorandum is one of the most classified official documents
in the public service. Hence it is always marked "secret" (on the
top of this first and every other page of the memorandum). The memorandum carries
a heading which reads "This document is the property of the Executive Council
of 'X' State Government of country 'A'. The copy number comes next at the top
right margin of the document while the left margin contains the document reference
number, etc. EC (93) 10. Thereafter, the document is dated, e.g. November, 1993.
This date which comes immediately below the document number gives the date it
is circulated to members form the council secretariat. The next heading is "Executive
Council" "X" State. The subject matter of the memorandum appears
next, e.g. "X" State programmes of the National Rolling Plan, 1992-94.
Executive Council memoranda should be concise (brief) and lucid (must be as clear as possible) with ideas arranged sequentially (i.e. logical arrangement of ideas). If a memorandum is a long one for some obvious reasons, it should be surAmarized at the end. Such a summary should be short. A good memorandum should start with the problem involved and then proceed to indicate briefly the alternative courses of action, the implication of each action and should conclude with prayers. To facilitate discussion, paragraphs in the memorandum should be numbered while supporting documents and data should be annexed. The date at the foot of a memorandum is the date it is initialed by the author.
Before attempting to draft a memorandum, relevant information about the subject matter must be obtained. All Executive Council Memoranda should be cleared in the first instance with the Chairman (Governor) before submission to the Council Secretariat for circulation. Memoranda are prepared by the Ministry principally concerned with the subject matter.
In case where a subject falls within the portfolios of more than one member, it is appropriate for the members concerned to sponsor joint memorandum. Differences in opinion between the two members should be reflected.
Issues requiring decision
which will have financial, economic, legal or other implication should be clearly
set out after consultation with the appropriate ministries like Justice, Finance
Planning, Work etc. The basic point, however, is that memoranda should contain
all available facts that will guide the council to take right decision. The
draft memoranda-emanating from members are placed at the-back cover of the ministrie's
file in which the subject of the memoranda had received attention. The file
is then minuted to the Secretary to the couhcil for action. Memoranda involving
expenditure should indicate the Head and subhead where approved financial provision
exists and where no such provision has been made. it should be so stated. Memoranda
relating to proposals which affect the functions of other ministries should
be cleared with such ministries and their views reflected therein before submission
to the Council Secretariat for processing. However, where the affected ministries
failed to comment within two weeks, such memoranda should be forwarded for processing
while the relevant ministries will be expected to take their comments on the
floor of the council meeting. The foregoing general principles of procedure
do not, however, prohibit any member from submitting memoranda articulating
his views on general issues of public policy.
Outside the sponsoring Ministerial
level, the Office of the Secretary to the Council (specifically the Department
of Cabinet in most States) has a statutory responsibility to ensure that memoranda
billed for circulation are in due and proper form.. including the elimination
of obscurities and ensuring strict conformity and uniformity, re-arrangement
of the layout and correction of errors. The sponsoring ministry should, however,
be consulted if substantial amendment is involved. In fact, any major alterations
require the approval of the sponsoring member (Commissioner). Memoranda for
the Executive Council are reproduced in green, by the Council Secretariat (Cabinet
Department). The sponsoring Ministry, however, has responsibility to make adequate
copies of annexures available (especially when such annexures are voluminous).
The original memoranda from ministries are retained in the Council's records,
while the copies processed by the Council Secretariat which were circulated
to members of the Council are placed in the file in which the draft was submitted.
This 'file copy' will remain permanently in the file. The journey of Executive
Council memoranda starts from drafting from sponsoring ministries through perfection
or fine-tuning at the Department of Cabinet to their presentation or submission
to Council meeting for consideration. This then leads us to X-ray Executive
Council meetings in all its manifestations.
EXECUTIVE COUNCIL MEETINGS
In all tiers of government, there is a definite day in a week set aside for
regular Executive Council meetings. This does not however, prelude the holding
of extra-or-dinaly/emergency sessions outside the designated date whenever the
need arises. For instance, the budget session due to time pressure may compel
special session. Preparation for council meetings are usually undertaken by
the Cabinet Department whose Director or Permanent Secretary works up to the
Secretary of the Council.
ATTENDANCE/PARTICIPATION Attendance is mandatory for Council member and it is
by formal invitation. Expressed permission is, however allowed for unavoidable
absence. Executive Council meetings may permit government officials such as
Advisers, Permanent Secretaries and Heads of Departments to attend meetings
(on summon) in advisory capacity whenever the need arises. For instance, an
executive council meeting on the draft or proposed budget would require expert
advice from the Permanent Secretary (Budget), the Director of Budget and Planning
technocrats. Officials in this capacity will normally be required to withdraw
from the meeting before the Council takes its decisions on the issues in question.
AGENDA AND PROCEEDINGS
Agenda for Executive Council's meetings are drawn in consultation with the Chairman.
Either the draft from the Council Secretary is cleared with the Governor (as
in the States) or the latter takes instruction (on the agenda) form him and
the convening of the meeting. It is also not out of place for any member of
Council to make request for a meeting of the Executive Council if there is urgent
need for it, e.g. to obtain decision on some vital matters.
Proceedings of Executive
Council are formal. Matters discussed at Council meetings are restricted to
items listed m the agenda. Exception must be by the Chairman's consent. Subjects
archaised normally only by members of Council after giving notices through submission
of memoranda. A member sponsoring a memorandum for Council's consideration leads
discussion on the subject. In case such a member is absent and his memorandum
is tabled for discussion, the member supervising the activities of his ministry
must be present to fill the gap.
COMMITTEE OF THE COUNCIL
It is pertinent to mention that Council adopts the committee system to handle
subjects or issues that are particularly complicated. The discussion so .far
points to the fact that decision must emerge at the end of Council meetings.
These decisions are simply referred to as 'Executive Council Conclusions.
EXECUTIVE COUNCIL CONCLUSIONS
Executive Council Conclusions consist of a formal record of the decisions' of
the Council on each matter discussed at a meeting, with or without a summary
of the course of the discussion.
Executive Council conclusions
are not personalized. Emphasis is on the essence of the discussion which led
to the conclusions. Conclusions indicate clearly what action is required and
who is charged with responsibility for taking it. The conclusions are issued
to members. Extracts showing the decisions only are affixed to pink forms for
easy identification and sent to the Permanent Secretary of the Ministry or Ministries
which originated the memorandum. Council conclusions are the most important
of all the Council documents. It is, therefore, essential that they are kept
out of reach of unauthorized persons. In fact, conclusion of exceptional secrecy
are given very limited circulation. In some circumstances, there may be no circulation
at all. A typical example is the discussion on fiscal proposals for the Budget
which are considered secret until the budget proposals are made public.
USES OF EXECUTIVE COUNCIL CONCLUSIONS:
Executive Council Conclusions have several uses as follows:
CONCLUSIONS:
The intention of this conclusive part is certainly not to be labour the points
already stretched in the preceding parts of this paper but merely to hammer
home the need for senior public functionaries to see executive council memoranda
as part of their necessary "time bomb" schedule. To exhibit ignorance
of the concept, method
of drafting or preparation and uses of conclusions therefore is to be vulnerable
to the explosion of the time bomb. As a corollary, a demonstration of know-how
as expected of public service bureaucrats is to be immuned to such time bomb.
It is from the base of the
above, that this paper adopted a relatively wide conceptual framework, encapsulating
numerous definitions; dissecting Executive Council memoranda, not only in terms
of structure and contents but importance; analysis of Council meetings in all
ramifications; Executive Council Conclusions and uses. The attempt in embarking
on this approach is to ensure that the target audience are able to draft appropriate
memoranda when confronted with such a task. Indeed, it would be professionally
disastrous for a senior civil servant to lack the expertise to articulate or
draft an acceptable memorandum.