Tag Archives: Collingwood

Notes for a Spring Evening

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Collingwood sunsetLate spring, Saturday night, sitting here surrounded by the trees and garden in full bloom, everything lush and full of life, my view from the front porch of verdant trees and garden, everything so very green. Peaceful. Relaxing. Would that this evening could go on forever.

Glass of Sledgehammer Zinfandel to round off the evening, a couple of books to read on the table beside me, the dog and two cats outside with us. Doesn’t get much better than this. Well maybe if we had opened a bottle of Cardinal Zin… which we both think is a better wine. But we’ll make do.

Books beside me include Little Dorrit by Charles Dickens, and The History of Hell by Alice Turner. The former for entertainment (after seeing the BBC series, I had to read the book, which is equally entertaining but richer), the latter to complement my studies of the mythologies of the afterlife. This is research for a novel I’ve been working on the past year or so. Well, longer, but seriously for only a year. It’s about… well, that’s another post. When I’m closer to completion. Only about 30,000 words so far.

Fiction isn’t my forte, but I am trying. I’ve tinkered with a couple of pieces, including a few chapters of a humorous novel about small town politics (chapter one was published on this blog some time ago – I’ll get around to posting chapter 2 soon…)

Writing fiction is as much a learning experience as anything else. But even in that it’s worth doing. Learn every day or you die, as my friend Stan used to say.

I had two books of nonfiction published last year, a third submitted to the publisher earlier this year, and a fourth in the works for later this summer. And I produced a rewrite of Machiavelli’s classic, The Prince, but no publisher found. Yet.

My real passion is to be able to write good fiction. I have tinkered with it – even written whole novels of 100,000 or more words. Scifi and fantasy mostly, and some mysteries. But they’re not very good. It’s a craft I need to work at, more. But not tonight.

Tonight is for enjoying a beautiful mid-spring evening with my wife, who happens to be my best friend. And contemplating how good it is to be alive and in Collingwood on such a night.

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Understanding the Municipal Conflict of Interest Act

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Another of the Acts that direct municipal governance is the Municipal Conflict of Interest Act. While considerably shorter than the previously-discussed Municipal Act – eight pages, 15 sections and less than 3,500 words – it is of perhaps equal importance. While it may seem vague to outsiders, it was written to clearly identify the nature of a conflict in black and white.

The Act allows no grey areas: there are no “perceived” conflicts in law, only clearly defined legal ones. This is obviously intended by the stringent wording that lays out what construes a conflict of interest.

This clarity absolves everyone of trying to second guess the intention of the Act, or trying to interpret degrees of conflict.

As lawyer Stephen D”Agostino writes,

The Municipal Conflict of Interest Act (“Act”) places a significant burden and risk upon local representatives. The standard of care in the Act is greater than that placed on elected representatives at the federal and provincial levels. Since its original proclamation in 1972, the Act has been tested in the Courts on numerous occasions. Often, the context for the dispute involves circumstances outside of the Act; the remedies of the Act providing a convenient arsenal for strategic advantage… The Act follows a simple model. Generally, if there is a “matter” before Council that touches on the councillor’s “direct or indirect pecuniary interest”, then there is a duty on the councillor to refrain from participating in the decision-making process related to the matter. Unfortunately, when dealing with conflict matters, this simple framework has been complicated by statutory exceptions, inclusions, and judicial interpretations.

There are two kinds of interest in the Act: direct and indirect. While direct conflict is not clearly defined, indirect is:

Indirect pecuniary interest
2. For the purposes of this Act, a member has an indirect pecuniary interest in any matter in which the council or local board, as the case may be, is concerned, if,
(a) the member or his or her nominee,
(i) is a shareholder in, or a director or senior officer of, a corporation that does not offer its securities to the public,
(ii) has a controlling interest in or is a director or senior officer of, a corporation that offers its securities to the public, or
(iii) is a member of a body, that has a pecuniary interest in the matter; or
(b) the member is a partner of a person or is in the employment of a person or body that has a pecuniary interest in the matter. R.S.O. 1990, c. M.50, s. 2.

Further, the Act defines ‘controlling interest’:

“controlling interest” means the interest that a person has in a corporation when the person beneficially owns, directly or indirectly, or exercises control or direction over, equity shares of the corporation carrying more than 10 per cent of the voting rights attached to all equity shares of the corporation for the time being outstanding;

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The open government report

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Accountability reportOn Monday’s agenda, council received a 21-page report from the clerk on the nature and mechanics of open government in Collingwood. This comprehensive report, titled the “Accountability and Transparency Policy,” because it also introduced a revised, formal policy, listed all of the bylaws, policies and legislation by which council and staff operate.

This is such an important and useful report that I felt it worthwhile to extract it from the April 13 agenda and make it available separately here. If you have not read it, or have any questions about how a council works and the rules that guide us, it’s worth reading. It opens by defining two terms:

Accountability: The principle that the municipality is obligated to demonstrate and take responsibility for its actions, decisions and policies and that it is answerable to the public at large.
Transparency: The principle that the municipality will conduct its business in an accessible, clear and visible manner and that its activities are open to examination by its stakeholders.

The report than goes on to further define how the municipality achieves these goals and why they are important:

Accountability, transparency and openness are standards of good government that enhance public trust. They are achieved through the Town of Collingwood adopting measures ensuring, to the best of its ability, that all activities and services are undertaken utilizing a process that is open and accessible to its stakeholders. In addition, wherever possible, the Town of Collingwood will engage its stakeholders throughout its decision making process which will be open, visible and transparent to the public.

The report then provides a comprehensive list of how we currently comply with the requirements, as well as what we do to enhance and better them:

The Town of Collingwood currently complies with a host of legislation, policies and procedures that maintain an open and transparent decision-making process. For the purposes of the Policy, the Town’s various policies, procedures and practices have been divided into the following categories:
1. Legislated Requirements
2. Financial Accountability, Oversight and Reporting
3. Performance Measurement and Reporting
4. Open Government
5. Internal Accountability and Ethical Standards

I won’t repeat all of the material that follows, but will include the section about “open government” which is really about local governance and the policies and procedures we already have in place to achieve this openness:

Open Government
The following are policies, procedures and practices that ensure the Town is transparent  in its operations and that residents are not only aware of how decisions are made and carried out, but that they are able to participate as well:

  • Council Procedure By-law
  • Public Posting and Distribution of Council Agenda Meeting Documentation
  • Public Notice By-law
  • Procurement By-law
  • Land Sale/Disposal By-law
  • Closed Meeting Investigator Policy and Retainer
  • Facility Naming Policies
  • Committee/Board Recruitment Policies
  • Land Acquisition Guidelines
  • Accessible Barrier Complaint Policy
  • Records Retention By-law
  • Social Media Policy

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The Municipal Act and Recorded Votes

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A recent motion was made to make all council votes recorded votes. This has generated some confusion among council watchers about voting and both what we can and cannot do.

The Municipal Act makes it clear that calling for a recorded vote is every councillor’s right. It is not staff’s right. See Section 246:

Recorded vote
246. (1) If a member present at a meeting at the time of a vote requests immediately before or after the taking of the vote that the vote be recorded, each member present, except a member who is disqualified from voting by any Act, shall announce his or her vote openly and the clerk shall record each vote. 2001, c. 25, s. 246 (1).

It is usually reserved for significant items or contentious items. If every vote is recorded, we have no way of marking those. When you scan the minutes, recorded votes stand out. When they are all recorded, nothing stands out.

Keeping the vote voluntary rather than compulsory, gives each member of council the only opportunity available in law to underscore a vote he or she thinks is relevant.

It also makes us individually responsible for calling a recorded vote and for being present to be sure we do so.

The Act allows us to call it either before or immediately after a vote, so we have the opportunity to call one even after hands have been raised in a non-recorded vote. That is equally important because it give us a rare second chance to consider whether we believe the results should be recorded.

The Act does not place that responsibility on staff. Nor should we.

If an elected representative can’t decide what’s important enough for a recorded vote, then that person is doing a disservice to the role. Making every vote a recorded vote simply ‘dumbs down’ our role. I know of no community with such a requirement.

And finally, no one can “avert” a recorded vote, as one person suggested. It is an absolute right to call one, and all members at the table are required to respond when called. In fact, if you don’t respond, the Act says your refusal must be counted as a negative vote. Section 246 again:

Failure to vote
(2) A failure to vote under subsection (1) by a member who is present at the meeting at the time of the vote and who is qualified to vote shall be deemed to be a negative vote. 2001, c. 25, s. 246 (2).

We don’t vote on a request for a recorded vote. We can’t even debate it or comment on it. It goes directly to the clerk to call. It is not a request to council, but rather to the clerk, who cannot refuse to honour it.

Easily 90% of what we vote on falls into the category of procedural voting. We vote on accepting the agenda, the correspondence, the confirmatory bylaw, on receiving every committee minutes or staff report.

There were, as I recall, thirteen votes called last night, of which twelve were unanimous. Is there some compelling or historically significant reason to know how everyone voted on, say, accepting the consent agenda? Approving the previous meeting’s minutes? Or the correspondence? Or receiving the minutes of the Elvis Festival committee? Or on adjourning?

The Municipal Act was crafted by lawyers, politicians and experts in municipal governance. It has been modified over the years after comments from its stakeholders such as municipal councils and lawyers. I have every confidence that it serves us well. I don’t think it’s the best use of our time and energies to try and rewrite it just to suit a particular political agenda.

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Clawing our way back up the ladder?

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In 2006, Moneysense listed Collingwood as the 11th best place to live in Canada. The other ten above us on that list were all major cities. We were the number one town. Mayor Geddes beamed.

Today we’re a lot further down the list. Numero 54 to be exact, out of 200.

I wrote about that list back in 2011. We plummeted from the giddy heights of 11th place to 61st by 2008. The fall didn’t stop until we hit 94th place in 2012, in the bottom half of the 180 places listed.

Now we’re back at 54th place. I suppose that’s come consolation – a rise of 40 places up the ladder, and in the top half.

You have to take the recently released 2013 list with a rather large grain of salt. Click on the town’s name in the overall ranking list and see what comes up.

NOT CollingwoodThat’s right: the photo is NOT Collingwood. It’s Blue Mountain Village. Now read the amounts for average house price and average household income. Wow. We’re rich!

Or maybe not – StatsCan reported the average family income here is roughly $60,000 (or $67,000 as shown here). Our treasurer reports the average family home is about $250,000 (it’s calculated as $274,000 here).

Moneysense shows our average income as $81,499 and average house price as $331,594. Way above the figures usually accepted for this town.

You think maybe Moneysense got it – and maybe the rest of their data for Collingwood – wrong? You think maybe they’re ranking the Village under Collingwood’s name?

I look at some of those stats and wonder. rain days: 110 – almost one out of three days per year? A 7% increase in population since 2011? Where did they get those figures? Maybe they can’t tell us apart from the Village.

I think we should ask for a recount. And maybe supply some correct data and a proper photo to the magazine.

(PS. We can always take heart we’re not among the ten worst places to live – seven of which are in Quebec).

 

 

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Understanding the Municipal Act

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Among the many pieces of legislation, bylaws and policies that guide and inform municipal councils in Ontario, the Municipal Act is the most important.* This 238-page, 140,000-word, 474-section document covers most of the things that govern municipal councils:

  • powers,
  • duties,
  • highways,
  • public utilities,
  • waste management,
  • fences and signs,
  • animals,
  • economic development,
  • environment, licensing,
  • municipal reorganization,
  • municipal service boards,
  • BIAs,
  • boards and committees,
  • integrity commissioners,
  • transparency,
  • open and in-camera meetings,
  • financial administration,
  • taxation,
  • fees,
  • bylaw enforcement,
  • bonusing.

…and many other topics. Clearly a document of this size and scope requires more than one reading to grasp. Some areas do not arise often during a term or may not be relevant to the particular municipality. However, every municipality needs a legal adviser and a clerk familiar with the Act.

Some sections refer to other Acts rather than providing direct guidance – conflict of interest, highways and libraries, for example.

It’s a pretty dry document, and dense enough that it’s good to have a guide to condense it, as well as a book or two or three to explain some of the more obscure or subtle points.

Before anyone serves on council, or comments on issues of municipal governance, he or she really needs to understand the Act, how it currently defines and establishes governance, as well as how it relates to other legislation. Disliking or disagreeing with a decision does not mean the process has done improperly or incorrectly.

For example, here are the roles of council as the Act stipulates:

Role of council
224. It is the role of council,
(a) to represent the public and to consider the well-being and interests of the municipality;
(b) to develop and evaluate the policies and programs of the municipality;
(c) to determine which services the municipality provides;
(d) to ensure that administrative policies, practices and procedures and controllership policies, practices and procedures are in place to implement the decisions of council;
(d.1) to ensure the accountability and transparency of the operations of the municipality, including the activities of the senior management of the municipality;
(e) to maintain the financial integrity of the municipality; and
(f) to carry out the duties of council under this or any other Act. 2001, c. 25, s. 224; 2006, c. 32, Sched. A, s. 99.

The head of council, or mayor, has two sections that define his or her responsibilities:

Role of head of council
225. It is the role of the head of council,
(a) to act as chief executive officer of the municipality;
(b) to preside over council meetings so that its business can be carried out efficiently and effectively;
(c) to provide leadership to the council;
(c.1) without limiting clause (c), to provide information and recommendations to the council with respect to the role of council described in clauses 224 (d) and (d.1);
(d) to represent the municipality at official functions; and
(e) to carry out the duties of the head of council under this or any other Act. 2001, c. 25, s. 225; 2006, c. 32, Sched. A, s. 100.

and this:

226.1 As chief executive officer of a municipality, the head of council shall,
(a) uphold and promote the purposes of the municipality;
(b) promote public involvement in the municipality’s activities;
(c) act as the representative of the municipality both within and outside the municipality, and promote the municipality locally, nationally and internationally; and
(d) participate in and foster activities that enhance the economic, social and environmental well-being of the municipality and its residents. 2006, c. 32, Sched. A, s. 101.

Subject to some limits on individual confidentiality, council records are available to the public:

Inspection of records
253. (1) Subject to the Municipal Freedom of Information and Protection of Privacy Act, any person may, at all reasonable times, inspect any of the records under the control of the clerk, including,
(a) by-laws and resolutions of the municipality and of its local boards;
(b) minutes and proceedings of regular, special or committee meetings of the council or local board, whether the minutes and proceedings have been adopted or not;
(c) records considered at a meeting, except those records considered during that part of a meeting that was closed to the public;
(d) the records of the council;
(e) statements of remuneration and expenses prepared under section 284. 2001, c. 25, s. 253 (1).

A recent decision in the case of a Freedom of Information Act request files in Toronto may throw into question whether emails between councillors are open to an FOI request, but this is a topic for another post.

Municipalities can create a code of conduct for councillors and members of municipal boards:

Code of conduct
223.2 (1) Without limiting sections 9, 10 and 11, those sections authorize the municipality to establish codes of conduct for members of the council of the municipality and of local boards of the municipality. 2006, c. 32, Sched. A, s. 98.

However, the MA states clearly in the next paragraph that violation of that code is not an offence:

No offence
(2) A by-law cannot provide that a member who contravenes a code of conduct is guilty of an offence. 2006, c. 32, Sched. A, s. 98.

An integrity commissioner, if appointed, may recommend the municipality apply a civil penalty if someone proves guilty of a violation:

Inquiry by Commissioner
223.4 (1) This section applies if the Commissioner conducts an inquiry under this Part,
(a) in respect of a request made by council, a member of council or a member of the public about whether a member of council or of a local board has contravened the code of conduct applicable to the member; or
(b) in respect of a request made by a local board or a member of a local board about whether a member of the local board has contravened the code of conduct applicable to the member. 2006, c. 32, Sched. A, s. 98.
<snip>
Penalties
(5) The municipality may impose either of the following penalties on a member of council or of a local board if the Commissioner reports to the municipality that, in his or her opinion, the member has contravened the code of conduct:
1. A reprimand.
2. Suspension of the remuneration paid to the member in respect of his or her services as a member of council or of the local board, as the case may be, for a period of up to 90 days. 2006, c. 32, Sched. A, s. 98.

Similarly, a board may impose those penalties on a violator if the municipality chooses not to do so, and the commissioner has found fault:

Same
(6) The local board may impose either of the penalties described in subsection (5) on its member if the Commissioner reports to the board that, in his or her opinion, the member has contravened the code of conduct, and if the municipality has not imposed a penalty on the member under subsection (5) in respect of the same contravention. 2006, c. 32, Sched. A, s. 98.

A municipality can also appoint an ombudsman:

Ombudsman
223.13 (1) Without limiting sections 9, 10 and 11, those sections authorize the municipality to appoint an Ombudsman who reports to council and whose function is to investigate in an independent manner any decision or recommendation made or act done or omitted in the course of the administration of the municipality, its local boards and such municipally-controlled corporations as the municipality may specify and affecting any person or body of persons in his, her or its personal capacity. 2006, c. 32, Sched. A, s. 98.

However, these appointments come with a cost to the taxpayers (and there is a provincial ombudsman the public can call). Whether such appointments are effective for small municipalities is open to debate. However, regional appointments may be better and less expensive.

As raised at council, Monday, any member of council may ask for a recorded vote on any issue:

Recorded vote
246. (1) If a member present at a meeting at the time of a vote requests immediately before or after the taking of the vote that the vote be recorded, each member present, except a member who is disqualified from voting by any Act, shall announce his or her vote openly and the clerk shall record each vote. 2001, c. 25, s. 246 (1).

I believe it is the responsibility of an elected member of council to request a recorded vote when he or she believes it is important, and that responsibility should not be put on the shoulders of staff. Also, because we vote many times every meeting – often over minor procedural matters – it diminishes the importance of a recorded vote if every vote, no mater how inconsequential, is recorded.

No one at the table can abstain from voting, and to do so is counted as a negative vote. this means the mayor must vote as any member of council, or her/his vote is treated as a negative vote:

Failure to vote
(2) A failure to vote under subsection (1) by a member who is present at the meeting at the time of the vote and who is qualified to vote shall be deemed to be a negative vote. 2001, c. 25, s. 246 (2).

This applies to local boards and committees, as well: their chairs must vote when a vote is called or it is considered a negative vote.

Closed meetings are permitted under the following circumstances:

239. (1) Except as provided in this section, all meetings shall be open to the public. 2001, c. 25, s. 239 (1).

Exceptions
(2) A meeting or part of a meeting may be closed to the public if the subject matter being considered is,
(a) the security of the property of the municipality or local board;
(b) personal matters about an identifiable individual, including municipal or local board employees;
(c) a proposed or pending acquisition or disposition of land by the municipality or local board;
(d) labour relations or employee negotiations;
(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board;
(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose;
(g) a matter in respect of which a council, board, committee or other body may hold a closed meeting under another Act. 2001, c. 25, s. 239 (2).

These reasons are commonly seen on council agendas, but the Act also allows other reasons for a closed door meeting:

Other criteria
(3) A meeting shall be closed to the public if the subject matter relates to the consideration of a request under the Municipal Freedom of Information and Protection of Privacy Act if the council, board, commission or other body is the head of an institution for the purposes of that Act. 2001, c. 25, s. 239 (3).
Educational or training sessions
(3.1) A meeting of a council or local board or of a committee of either of them may be closed to the public if the following conditions are both satisfied:
1. The meeting is held for the purpose of educating or training the members.
2. At the meeting, no member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the council, local board or committee. 2006, c. 32, Sched. A, s. 103 (1).

In general, votes cannot be made in a closed meeting unless they are specifically to give direction to staff or on a procedural matter:

Open meeting
(5) Subject to subsection (6), a meeting shall not be closed to the public during the taking of a vote. 2001, c. 25, s. 239 (5).
Exception
(6) Despite section 244, a meeting may be closed to the public during a vote if,
(a) subsection (2) or (3) permits or requires the meeting to be closed to the public; and
(b) the vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the municipality, local board or committee of either of them or persons retained by or under a contract with the municipality or local board. 2001, c. 25, s. 239 (6).

Monday, the deputy-mayor requested a staff report to explain Section 270 of the Act. This section says:

Adoption of policies
270. (1) A municipality shall adopt and maintain policies with respect to the following matters:
1. Its sale and other disposition of land.
2. Its hiring of employees.
3. Its procurement of goods and services.
4. The circumstances in which the municipality shall provide notice to the public and, if notice is to be provided, the form, manner and times notice shall be given.
5. The manner in which the municipality will try to ensure that it is accountable to the public for its actions, and the manner in which the municipality will try to ensure that its actions are transparent to the public.
6. The delegation of its powers and duties. 2006, c. 32, Sched. A, s. 113.
Policies of local boards
(2) A local board shall adopt and maintain policies with respect to the following matters:
1. Its sale and other disposition of land.
2. Its hiring of employees.
3. Its procurement of goods and services. 2006, c. 32, Sched. A, s. 113.

The Act says council MUST have a clerk, but having a CAO is entirely optional:

Clerk
228. (1) A municipality shall appoint a clerk whose duty it is,
(a) to record, without note or comment, all resolutions, decisions and other proceedings of the council;
(b) if required by any member present at a vote, to record the name and vote of every member voting on any matter or question;
(c) to keep the originals or copies of all by-laws and of all minutes of the proceedings of the council;
(d) to perform the other duties required under this Act or under any other Act; and
(e) to perform such other duties as are assigned by the municipality. 2001, c. 25, s. 228 (1).

Chief administrative officer
229. A municipality may appoint a chief administrative officer who shall be responsible for,
(a) exercising general control and management of the affairs of the municipality for the purpose of ensuring the efficient and effective operation of the municipality; and
(b) performing such other duties as are assigned by the municipality. 2001, c. 25, s. 229.

Similarly, a treasurer is a requirement:

Treasurer

286. (1) A municipality shall appoint a treasurer who is responsible for handling all of the financial affairs of the municipality on behalf of and in the manner directed by the council of the municipality, including,
(a) collecting money payable to the municipality and issuing receipts for those payments;
(b) depositing all money received on behalf of the municipality in a financial institution designated by the municipality;
(c) paying all debts of the municipality and other expenditures authorized by the municipality;
(d) maintaining accurate records and accounts of the financial affairs of the municipality;
(e) providing the council with such information with respect to the financial affairs of the municipality as it requires or requests;
(f) ensuring investments of the municipality are made in compliance with the regulations made under section 418. 2001, c. 25, s. 286 (1).

Other municipal employees are hired at the discretion of the council.

The Act says “shall” 903 times, and “may” 1,036. “Shall not” appears 119 times in the Act. “Must” appears 97 times, “must not” only twice. “Shall” includes this:

Consultation
3. (1) The Province of Ontario endorses the principle of ongoing consultation between the Province and municipalities in relation to matters of mutual interest and, consistent with this principle, the Province shall consult with municipalities in accordance with a memorandum of understanding entered into between the Province and the Association of Municipalities of Ontario. 2005, c. 8, s. 1.

Sometimes both shall and may appear in the same section:

Tree by-laws
135. (1) Subject to subsection (4) and without limiting sections 9, 10 and 11, a local municipality may prohibit or regulate the destruction or injuring of trees. 2006, c. 32, Sched. A, s. 71 (1).
Woodlands
(2) Without limiting sections 9, 10 and 11, an upper-tier municipality may prohibit or regulate the destruction or injuring of trees in woodlands designated in the by-law. 2006, c. 32, Sched. A, s. 71 (1).

Factor to be considered
(5) In passing a by-law regulating or prohibiting the injuring or destruction of trees in woodlands, a municipality shall have regard to good forestry practices as defined in the Forestry Act. 2001, c. 25, s. 135 (5); 2002, c. 17, Sched. A, s. 27 (1).

So it’s important to read the Act carefully to determine whether a section presents an obligation or an option.

As for bonusing, the Act clearly states a municipality cannot do it:

ECONOMIC DEVELOPMENT SERVICES
Assistance prohibited
106. (1) Despite any Act, a municipality shall not assist directly or indirectly any manufacturing business or other industrial or commercial enterprise through the granting of bonuses for that purpose. 2001, c. 25, s. 106 (1).
Same
(2) Without limiting subsection (1), the municipality shall not grant assistance by,
(a) giving or lending any property of the municipality, including money;
(b) guaranteeing borrowing;
(c) leasing or selling any property of the municipality at below fair market value; or
(d) giving a total or partial exemption from any levy, charge or fee. 2001, c. 25, s. 106 (2).
Exception
(3) Subsection (1) does not apply to a council exercising its authority under subsection 28 (6), (7) or (7.2) of the Planning Act or under section 365.1 of this Act. 2001, c. 25, s. 106 (3); 2002, c. 17, Sched. A, s. 23; 2006, c. 23, s. 34.

On the other hand, sections 107 and 108 describe powers the municipality has to create small business initiatives, and, in some cases, provide loans. Section 110 discusses the limited conditions under which tax exemptions can be provided.

These are just some of the items in the Municipal Act that councils and administrators have to consider in its activities, its meetings and its planning. It’s far too large to provide more than just this brief sample here. Anyone who wants to be fully informed about the nature of municipal governance should also read the Act and the the other laws and policies that guide and direct us.

~~~~~

* Others includes the Municipal Conflict of Interest Act, the Public Libraries Act, the Planning Act, the Public Inquiries Act, the Highway Traffic Act,the municipal procedural bylaw, code of conduct and more. I will deal with some of these in subsequent posts.

 

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The Hobgoblins under the Lobbyist Bridge

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Lobbyist cartoonLobbyist. For some, the word conjures frightening images of nefarious trolls and ogres in Armani suits lurking under the bridges and in the woods in the dark night, snatching unwary politicians and dragging them down to whatever hell the gullible and naive descend to (a hell cleverly paved with gold and champagne flutes).

The very word itself is printed in bold and in colour in some comments, just in case you might miss it and the boogeyman-thrill the hiss of the word gives. Lobbyisssst… my precioussss….

That’s in part because the popular impression of lobbying derives from watching American TV news, and sitcoms. In the USA, the lobbying industry has been likened to a shadow government, pulling the strings of the legislators while filling their pockets with cash. Lobbyists there seem to be able to buy votes with impunity and openly. It’s not the same everywhere, however.

For others, the word simply refers to someone doing a job, like a carpenter, a lawyer, a dentist… in fact a lawyer could be called a lobbyist with a law degree (we’ve seen lawyers acting as lobbyists on behalf of their clients in front of council many times). And like any other profession, lobbyists have a role to play in public life and government.

Lobbyist cartoonWhile lobbyists often get a bad rap in the media because of their association with corporate interests, they also represent many smaller commercial concerns and NGOs. Some represent non-profit groups, charities, environmental agencies, health agencies and even private schools. Lobbyists helped change the smoking laws in Ontario to prevent smoking in public places, bars and restaurants. Lobbyists helped change the pesticide use laws to prohibit toxic chemicals from being used on public property. So clearly they’re not all bad, and in fact are often important to the governance process.

Lobbyists play an important role in bringing issues and challenges to the political forefront. How much they actually influence municipal governments is difficult to assess.

“The defence of lobbying is that it is not only an inevitable part of life but a necessary and positive one. It is simply a modern professional embodiment of the ancient right of people to petition their rulers, and, by extension, to seek the advice and support of others to help them do so. Modern governments are responsible for a vast range of policy areas which involves drafting and implementing detailed and intricate laws and regulations. On their own they cannot hope to keep abreast of all the information and opinions they need to take into account. Lobbying is a means of providing them with the raw material they need to make informed decisions which reflect different interests in their societies.”
Trevor Morris & Simon Goldsworthy: PR Today, Palgrave Macmillan, 2012

Because of the negative connotations associated with the term, lobbyists often prefer to call themselves “public affairs” practitioners.

“There is some confusion over the terms ‘lobbying’ and ‘public affairs’. Some authorities argue that there are subtle differences between the two, suggesting the lobbying is process of speaking with political actors, whilst public affairs refers to the complete process. The term lobbyist is often eschewed by consultants because of its shady undertones. However, in this fact sheet (and all others) the terms will be used interchangeably.”
www.publicaffairslinks.co.uk/

Others try to highlight their difference with the term “advocates” rather than lobbyist. A rose by any other name… Others have called lobbying “advocacy journalism“. The American League of Lobbyists has in its code of ethics this statement:

Lobbying is an integral part of our nation’s democratic process and is a constitutionally guaranteed right. Government officials are continuously making public policy decisions that affect the vital interests of individuals, corporations, labor organizations, religious groups, charitable institutions and other entities. Public officials need to receive factual information from affected interests and to know such parties’ views in order to make informed policy judgments. In exercising their rights to try to influence public policy, interests often choose to employ professional representatives to monitor developments and advocate their positions, or to use lobbyists through their membership in trade associations and other membership organizations. Tens of thousands of men and women now are professional lobbyists and represent virtually every type of interest.

Why do companies or groups use lobbyists? Because not everyone is calm and confident as a speaker, is comfortable doing public presentations, has the time to research and meet with everyone. When you can’t do the job yourself, you hire a carpenter to fix the stairs, a mechanic to fix your car, an electrician to put in new lighting. Same principle.

The unfathomable paranoia over lobbyists is likely more driven by petty partisan politics than by any actual threat they pose to democracy. The word is used to scare small children, but like all ghost stories, it proves a risible threat in the sockdolager of rational thought.

Five years ago, Collingwood council considered creating a lobbyist registry. Staff report 2008-05 (April 7, 2008) noted

Some of the options may be viewed as solutions to problems that Collingwood, as a much smaller municipality, does not encounter.

In other words, some members of council were looking to fix what wasn’t broken. I wrote a humorous piece about that discussion, a few days later on my old blog.

The issue brewed and stewed like a fart in a crowded elevator on a long trip to the penthouse, until June 23, 2008, when Coun. Edwards moved and I seconded a motion to dump the idea. It passed (5-4? I don’t recall – the EB story isn’t online). I also wrote about that, more seriously, on my old blog. Back then I wrote:

It was one of those ‘bubble ideas’ – ideas that sound good at election time and make great sound bites, but are fragile shells, ill-conceived plans, hollow of substance.

The idea seemed to have been buried in the post-election kitty litter with the rest of the impractical proposals, but up it came last April in a staff report (C2008-05). But that initial discussion had no conclusion (or rather debate was truncated before we arrived at one), and left to simmer for a few months.

I thought the issue had died its deserving death, but no, it continues to rise from the grave every now and then like one of those tired old internet hoaxes about Bill Gates giving you $100 to forward this email to everyone in your contact list. Someone always seems to be able to spin a conspiracy in which a lobbyist plays the role of the Big Bad Wolf. We need a website that debunks these political myths like Snopes.com does internet myths.

This is a small town. We can figure this out without the need for any more layers of bureaucracy or red tape.

We don’t need a lobbyist registry anymore than we need a spaceport, an aquarium or a bronze statue of a former mayor in front of the library. Like I wrote in 2008, this would put a wall between politicians and the people they represent, and flies in the face of the often-promised-but-seldom-delivered “open, accountable and transparent” government.

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