In my past experience in dealing with staff concerning Ordinances, Policies and Procedures [Processes] I noticed one major glitch in the matrix, many do not understand the differences, they tend to see policy and procedure as laws they must follow. Whenever I heard, ‘We can’t do that, it’s in our policies’ or ‘It’s the law’ or ‘We’ve always done it this way’ I wanted to pull out all my hair, lucky for me I shave my head; it’s the beard I worry about. I always saw this as an opportunity to go deeper, to explore history, to encourage conversations. When I did, I found [9 times out of 10], an employee who worked for the government for 40 years, and retired 20 years ago, told someone, at some time, ‘It’s policy’ or ‘It’s the law’ of ‘This is how you must do this’ and no one questioned why. My response was always, ‘If it is policy, we can change it’ or ‘If it’s procedure [process] we can make it more efficient” or‘If it’s law, let’s review it’ which often gathers a response as if I said, ‘I will make it rain down fire and burn all we know.’
The idea of seeing ordnances, policies, or procedures [processes] as set in stone is not only wrong, but it causes a great deal of issues for staff and harm to the general public. To say something is a law without knowing it is actually a law, is even worse. The problem rests in knowing the difference between ordinances, policies, and procedures [process] and how one goes about chang. Let’s start off with a few simple definitions. Generally speaking, an ordinance is a law, a policy is what we do to enforce the law, and a procedure is how we process the paperwork to ensure the ordinance is met:
Ordinance, Policy, and Procedure Simply Explained:
Ordinances are laws; they are specific types of local laws enacted by local governments, such as cities or counties, to regulate matters within their jurisdiction. They are legally binding and can cover a wide range of topics, including zoning, noise control, public health, and business licensing. Ordinances are often more specific than general laws [State or Federal] and can differ from local jurisdictions. They are the legal framework that governs behavior and activities within the respective jurisdictions. Ordinances do not feed policies and procedures [processes] directly, but they can be the foundation for them. Ordinances can be changed by the local government body, but not by executive staff, of general staff. Good government practices suggest ordinances should be reviewed at least every ten years, and changed as needed.
Policies are not laws; theyare executive actions designed to guide internal decision-making processes and apply to employees and are established by the executive staff, or other groups given authority to enact or change them. They should be clear, simple statements of how an organization intends to conduct its services, actions or business. They provide a set of guiding principles to help with decision making. Policies don’t need to be long or complicated – a couple of sentences may be all that is needed for a policy. They are designed to influence and determine decisions in the conduct of municipal affairs. Policies are often subject to interpretation and can be flexible based on individual circumstances. Policies can be changed as needed and should be reviewed regularly. Good government practice suggests reviewing all policies yearly.
Procedures are processing guidelines;they are how staff processes paperwork and are designed to encompass the steps and methods staff use to execute the policies efficiently; it is how we process paperwork, or citizens’ requests. Procedures are open to change as needed to become ore efficient and save time and money.
Generally speaking, this is how it works
Your city has an ordinance stating all dogs need to have a license. The policies centering around the ordinance focused on what requirements must be met to receive a license, e.g. number of dogs, certain shots needed, turning in our old licenses. etc. The procedure is the process the staff take to process the paperwork to grant you a license.
The Principles of Good Government:
Generally speaking, good government practices should center on some key principles to ensure effective government. The first is transparency, where governments operate openly and encourage citizens to access information concerning decisions, ordinances, policies, procedures, and spending. They must be accountable to the public answer for their actions and decisions. They should encourage public participation in shaping policies and procedures that affect their lives and not view citizens as passive recipients of government services. When we, as governmental staff, think we are better, think we know more, think we have all the answers, we miss out on the voices we serve.
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