Local Legislators' Toolkit - The Sangguniang Panlalawigan ng ...

Local Legislators' Toolkit - The Sangguniang Panlalawigan ng ... Local Legislators' Toolkit - The Sangguniang Panlalawigan ng ...

bulacan.gov.ph
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11.07.2015 Views

Tool 7Steps in CodificationFollowing are basic steps in the codification of ordinances: 19Step 1. Organize the Technical Committee on Codification (TCC)This can be done by adopting a resolution or executive order creating an ad-hoccommittee or technical working group composed of selected members of the sanggunianand representatives from the executive department and civil society organizations, e.genvironment groups for Environment Code. ng>Theng> resolution will serve as a tool for ensuringthe support and commitment of the LCE considering the required investments in human,material and financial resources in the codification.As soon as it is organized, the TCC members should draw up and agree on an Action Planfor Codification which should have the following elements: activities/tasks, timeframe,person/s responsible.Step 2. ResearchResearch involves the following tasks:1. Identification of ordinances to be codified and sources, i.e. in ordinance books,minutes, mayor’s office, etc.2. Compile a list of ordinances found during research using the Sample Format forListing Ordinances. ng>Theng> status of each ordinance should indicate if the ordinance isoriginal, amended or repealed.3. Collect complete signed copies of ordinances.19 Adapted from Colleen Wight, Codification of Town ng>Localng> Laws and Ordinances, General CodePublishers Corp. http://www.generalcode.com/present2.html, and from ng>Localng> GovernmentDevelopment Foundation, Inc. A Simple Guide to the Codification of Ordinances, Training Materialsfor a Series of ng>Localng> Legislation Specialist Courses.132

Step 3. Organization and DraftingOnce the legislation to be codified has been gathered, it is organized as follows:• Ordinances are sorted topically.• Similar pieces of legislation are grouped together. ng>Theng> TCC may use the SampleFormat for Classification of Ordinances.• Repealed or superseded ordinances are eliminated.• Amendatory provisions are inserted where necessary.• A manuscript or draft code is prepared for review and consultation. Use thetopical headings or subjects for classification to prepare an outline, e.g.environmental measures may be classified as water use and sanitation, land useand management, air quality management, etc.Step 4. Review and RevisionBefore the draft code is presented in a public consultation, the committee should carefullyreview the provisions and revise them as necessary. ng>Theng> committee should look for:o conflicts, inconsistencies and duplicationso compliance with statutory requirementso conformance to current practice or policyo missing information or legislationo provisions that could be standardizedo possible enforcement problemso ineffective wording or misleading informationo practical applicationo current titles of officials and names of agencieso ways to make the language gender-neutral, e.g. use “chairperson” or” chair”instead of “chairman”Step 5. Public Consultationng>Theng> draft code may undergo several revisions before it is presented in several publicconsultations, which should have multi-stakeholder participation. This way the TCC will get133

Step 3. Organization and Drafti<strong>ng</strong>Once the legislation to be codified has been gathered, it is organized as follows:• Ordinances are sorted topically.• Similar pieces of legislation are grouped together. <stro<strong>ng</strong>>The</stro<strong>ng</strong>> TCC may use the SampleFormat for Classification of Ordinances.• Repealed or superseded ordinances are eliminated.• Amendatory provisions are inserted where necessary.• A manuscript or draft code is prepared for review and consultation. Use thetopical headi<strong>ng</strong>s or subjects for classification to prepare an outline, e.g.environmental measures may be classified as water use and sanitation, land useand management, air quality management, etc.Step 4. Review and RevisionBefore the draft code is presented in a public consultation, the committee should carefullyreview the provisions and revise them as necessary. <stro<strong>ng</strong>>The</stro<strong>ng</strong>> committee should look for:o conflicts, inconsistencies and duplicationso compliance with statutory requirementso conformance to current practice or policyo missi<strong>ng</strong> information or legislationo provisions that could be standardizedo possible enforcement problemso ineffective wordi<strong>ng</strong> or misleadi<strong>ng</strong> informationo practical applicationo current titles of officials and names of agencieso ways to make the la<strong>ng</strong>uage gender-neutral, e.g. use “chairperson” or” chair”instead of “chairman”Step 5. Public Consultation<stro<strong>ng</strong>>The</stro<strong>ng</strong>> draft code may undergo several revisions before it is presented in several publicconsultations, which should have multi-stakeholder participation. This way the TCC will get133

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