Councillors Dr Meir Serfaty Professor and Chair Political Science Department Brandon University May 11 2015 What this presentation is about Demonstrating that councillors in most Canadian municipalities have almost powers equal to mayors especially in policymaking ID: 691646
Download Presentation The PPT/PDF document "Power Relations Between Mayors and" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
Slide1
Power Relations Between Mayors and Councillors
Dr. Meir Serfaty
Professor and
Chair
, Political Science Department
Brandon University
May 11, 2015Slide2
What this presentation is about
Demonstrating that
councillors in most Canadian municipalities have almost powers equal to mayors, especially in policy-making Showing that whether they exercise those powers or not is often dependent on factors primarily internal and behavioral to council and councillors, as well as on external actors, such as the public and the media, rather than on legal or political factors
Serfaty 2015Slide3
Where this paper originated
Observation of councils’
behavior
over the years, where councillors have tended to be reactive rather than proactive The City of Brandon smoking by-law of 2002, sponsored by councillor Errol Black, crusader anti-smoking in public places, broke with councillors’
general traditional passivity
Black conceived, developed, led in discussion, recommended, helped to implement, supervised and eventually evaluated the by-law, which was passed nearly a year after its introduction
He not only ensured passage of the toughest possible version of the by-law, but successfully opposed the City of Brandon’s implementation of a subsequent weaker provincial version
Serfaty 2015Slide4
An overview of the presentation
S
et out the typical governmental decision-making process in order to understand roles
Establish the major differences in political systems and, consequently, in power relations between political actors at the federal and provincial levels on the one hand, and at the municipal level on the otherE
xplain why and how mayors have gained powers over
councillors
Suggest how councillors can re-gain some or most of their legally-conferred powers
Serfaty 2015Slide5
The parameters of the study
Manitoba municipalities serve as the primary example. Much of my research relates to this province
A
lthough other rural and small urban Canadian municipalities have a similar system with respect to the role of council and its members, they are not identical. Hence, my assessment may not apply equally to each and every province/municipalityIn general, however, Canada, unlike the US, does not have any example of the “strong mayor” system of government, where the mayor controls the administration; hence most of the comments below apply to nearly all Canadian municipal governments
(continues…)
Serfaty 2015Slide6
(…continued)
Some
large cities with civic parties (e.g. Vancouver, Montreal), have a system that
contains aspects of the strong mayor system, in that power relations are structured in a similar fashion to national politicsSome provincial jurisdictions have allowed the mayors to become stronger by creating executive committees centrally (Winnipeg, Toronto)
This presentation
is not intended to take
sides on whether it is a good idea for individual councillors to challenge the power of mayors; it does, however, advocate for the right and duty of the entire council to discharge the full range of their policy-making responsibilities
The presentation is based
on theoretical
, legal
and
observational evidence; it is both explanatory and prescriptive; more
specific
case study research
is required to validate these
findings fully
Serfaty 2015Slide7
A simplified model of the policy-making process
P
olicy/decision-making requires the following sequence:
INITIATION: Developing and introducing of new policyDELIBERATION: Discussing and considering the proposal and its alternativesRECOMMENDATION: Advocating for approval
ADOPTION AND RATIFICATION
: Approving
IMPLEMENTATION: Carrying out of decisions madeSUPERVISION: Watching over administration to ensure proper implementation of decisionsADJUDICATION:
Settling conflict in disputes, acting in judgment in accordance with the law
EVALUATION
: Reviewing policy after a period to determine whether it works
Serfaty 2015Slide8
How federal and provincial governments make policy
At the federal and provincial levels, executives, legislatures and courts are clearly separated in theory (although in Canada the executive normally controls the legislature)
At the federal and provincial levels, executives themselves are themselves divided as follows:
Political sub-branch (cabinet and P.M. or premier); Bureaucratic sub-branch (public/civil service) and Formal
-ceremonial sub-branch (Queen’s representatives)
(continues…)
Serfaty 2015Slide9
(…continued)
All aspects of decision-making are, therefore, largely dispersed among the branches of government,
as follows:
The executive branch is primarily responsible for: a) Initiation, deliberation, recommendation, supervision (political sub-branch);
b) Ratification (formal sub-branch);
c)
Implementation and evaluation (bureaucratic sub-branch) The legislative branch is primarily responsible for adoption
,
some supervision
T
he
judicial branch
is primarily responsible for adjudication
Serfaty 2015Slide10
How municipal governments make policy
At the municipal level, councils are expected by legislation to discharge
almost the full sequence of steps in decision-making
, including even some aspects of adjudication (i.e. although they are subject to court decisions on the validity of by-laws, they hold public hearings on planning and other issues). Only implementation is normally outside their purview (and, then, in the hands of a CAO or administrative group, not the mayor
)
Councils, therefore, are ceremonial, political and (partly) administrative executives as well as legislatures, and (partly) courts
; hence it could be argued that their power is relatively greater than that of the various federal or provincial governmental structuresSerfaty 2015Slide11
Power relations in federal and provincial governments
The
Westmister
system of responsible government makes for separate BUT interdependent roles for the executive and legislative branchesUltimately, the political executive controls the legislature through its control of the members of the majority partyThe judicial branch is independent
Serfaty 2015Slide12
Power relations at the municipal level
The Canadian municipal model does not separate the political executive from the legislature, nor does it create a chief political executive or legislator. Most of the roles related to these branches are (or can be) discharged by the same group of people, namely the entire council.
Through Municipal Acts (and/or specific charter, city acts), provinces provide the skeleton framework within which power relations operate, always around council as a whole
With very few exceptions, then, provincial governments have allowed councils—at their discretion—to act as both an executive and a legislature, and to decide who among their members will discharge their responsibilities and to what extent
Serfaty 2015Slide13
Provinces partly determine the powers of c
ouncils
They establish general
electoral processes and systems, including eligibility and terms of officeThey establish broad (but not all!) procedural governance aspects, including general conduct of meetings and the duties and responsibilities of council, including mayors and
councillors
, among others
Serfaty 2015Slide14
Provinces partly determine the powers of c
ouncil
m
embersThese duties pertain to council as a whole, and include for the most part and equally mayors and councillors
.
They include, among others, the following critical ones (Municipal Acts):
Participating, as a council, in the development, evolution and adoption of policies and programs (initiation, deliberation, recommendation, adoption steps of policy-making)Ensuring that municipal powers are carried out properly (supervision)
(continues…)
Serfaty 2015Slide15
(…continued)
Many Municipal Acts require that, regardless how they get elected, all members of council (including mayors and
councillors
) must consider the well-being of the municipality as a whole when discharging their duties (i.e. not their constituents’ well-being). The role of representation ascribed to
councillors
, particularly in ward elections,
is thus largely assumed via elections, and not necessarily at council meetingsSerfaty 2015Slide16
Provinces partly determine the power of mayors
Typically these powers include the following:
Presiding over meetings (although they can relinquish that role to someone else; this is not necessarily an advantage as they cannot participate fully in debates)
Providing general leadership and direction to councilRepresenting the municipality in relation to the external world, including the province, other municipalities, federal government and the community at large
The last two are factors that
could
possibly permit mayors to enhance their power vis-à-vis councillors in certain areas, but not generally in policy-making
Serfaty 2015Slide17
Councils play an important role in determining the relative power of their members
Particularly through
organizational by-laws
that relate to the way they operate, including in particular the types and numbers of executive and/or standing and other (internal and external) committees, how meetings are called, processed and reportedThrough procedural by-laws which deal with how meetings are conducted, how by-laws are debated, recorded etc.
Serfaty 2015Slide18
Reasons that mayors’ powers have increased
(with councils’ consent!)
They have ceremonial and symbolic duties
(BUT council can add/take away some of these powers)They are able to call special meetings (BUT
councillors
can also do so at the request of a number of them)
They are normally elected at large (BUT council can decide in many jurisdictions whether councillors can too)
(continues…)
Serfaty 2015Slide19
(…continued)
They
tend to be close
to the CAOs (BUT council, and not the mayor, is responsible for hiring, firing and holding them responsible)They are more likely to be full-time members
(
BUT
not in rural/small urban centres; besides, councillors can too if they so choose)They are normally ex-officio member of all committees of council
(
BUT council may decide otherwise
)
In other words,
councillors
have often voluntarily relinquished
/delegated some/many powers
to mayors
Serfaty 2015Slide20
Other (external) reasons that mayors’ powers have increased
Their broader public visibility
People mistakenly confuse their power with that of the premier/ PM in their relation to the
councillorsThey are the focus of the media, often the province and other community groups external to councilThey are expected to be knowledgeable about every matter affecting the municipality
Serfaty 2015Slide21
Reasons why councillors
are weaker than mayors
They constitute a disparate group: cohesion or collective will does not exist, it needs to be harnessed
They usually have no specific involvement in policy areas or in supervising or dealing with departmentsThey are constrained by rules of procedure during meetingsThey are often not privy to general council
business
until just
prior to meetings: they need to make a special effort to be engaged (continues…)Serfaty 2015Slide22
(…continued)
They often hold part
-time positions and
have a large agenda and little time to develop long-term plans, strategy or vision for the municipality as a whole They perceive (often mistakenly) that they have lower levels of competency, confidence, experience or political skills Unlike mayors, there is no expectation in the public that
councillors
are “leaders” in council
Serfaty 2015Slide23
(…continued)
They
have unclear mandates: roles of representation (ward vs. city-wide) collide
There is little expectation of accountability beyond personal ability to deliver to specific sets of constituentsWhen they represent wards, they are perceived as less visible and legitimate by the whole municipality
Serfaty 2015Slide24
Why councillors can exercise powers similar to mayors
They
have equal powers to those of the mayor
in the most important role: policy-making. Thus, if they are willing, they can initiate, draft, recommend policies, persuade other members, and then help supervise their implementation and
evaluation
Councillors
have one vote, the same as mayors (in some jurisdictions, mayors don’t have a vote except to break a tie)
(Continues…)
Serfaty 2015Slide25
(…continued)
Particularly in
smaller municipalities,
they can be legally elected at-large They are usually few in numbers (most councils, even in
larger municipalities,
have fewer than ten
members), and can be, therefore, very active, visible and engagedThey can become leaders, especially if mayors are not interested in, or capable of, leading
Serfaty 2015Slide26
What councillors
need to do to increase their collective and individual effectiveness as local leaders
Ensure
that procedural and organizational by-laws do not obstruct their ability to do things, and in fact that they enhance it Remember that they are responsible for hiring and firing CAOs, and holding them
responsible
Establish
standing committees for a variety of local issues, and get close to administration (not in the sense of managing)
(continues…)
Serfaty 2015Slide27
(continued)
Seek more special policy-oriented opportunities to make a difference at meetings (including strategic sessions, and not just at the beginning of their term), to discuss policy issues affecting the municipality
Not agree
to give the mayors any more power than they already have by legislationBecome knowledgeable and engaged about governmental local affairs and experts in some particular area of interest (or all in RMSs)Initiate and draft legislation
Help install at
-large electoral systems (not essential)
Serfaty 2015Slide28
Informal factors for power relations between mayors and councillors
Ultimately, the relative power of any one member of council (not just the mayors) is dependent on:
Their ability to “persuade, organize, promote, sell, publicize, bargain, promise, get things done” (R.
Neustadt’s famous list on successful exercise of presidential power)Their personal ambition, skills, competency, personality, popularity, shrewdness (A. Levine, Your Worship
,
Lorimer
, 1989)Their ability to build consensus or a cohesive team (“herding cats” as Bob Chiarelli, mayor of Ottawa put it in 2000)
Serfaty 2015Slide29
Conclusion
Councils are responsible for making policy (at most levels) in the municipalities
It is the
councillors’ responsibility, individually and collectively, to seek to reverse the trend toward stronger mayors (or CAOs), and weaker councillors in this particular area of municipal businessIt is arguable whether they must indeed do that if they are to continue to be truly representative of their constituents, and to look after the well-being and interests of their municipalities
Serfaty 2015Slide30
Serfaty 2015
Question-and-answer period
Thank you for your participation
at this webinarMeir Serfatyserfaty@brandonu.caSlide31
A research note on municipal leadership styles
The following types are more likely to encounter greater success
/recognition
at the municipal level: Those with a strong power base, or Those who are innovative
Source: D. Yates (
The Ungovernable City, MIT Press, 1979
) classifies strong mayors (and councillors?) in one of the following categories:
(continued…)
Serfaty 2015Slide32
(…continued)
“
Entrepreneurs” (e.g. G. Murray, D. Miller): those who have a strong popular mandate and want to improve certain aspects of community life “Bosses” (e.g. H. McCallion, S. Juba): those who have a forceful
personality and strong support
“Crusaders” (J. Sewell, R. Ford): those who are
populists (not widespread support) and a major cause “Brokers” (most average mayors): those who are good at building consensus in council)
Note: Even
mayors considered strong have less than a stellar
favourable
voting
record for their policies
(N.
Nenshi’s
record of council victories in 2010-13, according to
Jeromy A.
Farkas
, was 60.3%)
Serfaty 2015