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.