Vancouver City Council |
OTHER REPORT
Date: November 12, 2003
RTS No. 3687
CC File No. 1103
Meeting Date: November 18, 2003TO: Vancouver City Council
FROM: Thomas R. Berger, O.C., Q.C., Commissioner
SUBJECT: Preliminary Report on Electoral Reform Commission
RECOMMENDATION
A. THAT Council approve the consultative process, staffing structure and other administrative procedures for the Vancouver Electoral Reform Commission, including a budget of $300,000; $42,000 from 2003 Contingency Reserve and $258,000 from 2004 Operating Budget.
B. THAT Council grant the Commissioner authority to amend the consultative process, staffing and administrative procedures within the budgeted amount, if the Commissioner feels such amendments are necessary to achieve Council's mandate.
COUNCIL POLICY
Following the motion in Council on July 29, 2003 (see Appendix A) that established the terms of reference for the Commission, on September 9, 2003 Council received and approved an Administrative Report from the City Manager (Appendix B),1 establishing the Commission and setting out a budget and schedule for Phase One of its operation, including for the preparation of this Preliminary Report.
The Administrative Report as approved called for the Commission, once established, to "develop proposed methodology, work plan, and operating budget" for Phase 2, the period from November 2003 through May 2004, and to "Prepare report to Council with Phase 2 proposal by Nov. 1, 2003."2
Council's mandate for the Commission was clarified through a subsequent motion of October 7, 2003 (Appendix C).
PURPOSE
The Commissioner seeks Council approval of the process for Phase 2 of the Commission's work and of the Commission's budget.
BACKGROUND
Electoral reform has been a recurring issue in the city for a century. This Commission has a broad mandate to consider and report on means of improving civic democracy. According to the motions passed on July 29 and October 7, 2003 (Appendices A and C), the main aspects of the Commission's mandate are:
· To conduct hearings, receive submissions and report to Council on the merits of the current at-large system, the `neighbourhood constituency' or `ward' system and other alternative systems of civic elections;
· to consider the optimum number of neighbourhood constituencies, proposed boundaries, measures to adapt the election of Parks Board Commissioners and the appointment of GVRD representatives to any new method of electing City Council;
· to consider other measures with a view to the improvement of civic democracy that might be implemented by City Council or by the Legislature through changes to the Vancouver Charter; and
· to report on the issue of campaign contributions.
DISCUSSION
The Commission should be referred to as the Vancouver Electoral Reform Commission, to avoid confusion with the Citizens' Assembly on Electoral Reform, the newly-constituted Provincial body that is examining electoral reform issues at the provincial level.
The mandate, as described in "Background" above, is not an exhaustive description of the issues that will likely be raised at the Commission's hearings. The issues addressed in the Commission's Final Report will be determined in part by the submissions made to it by the citizens of the City. For instance, beyond the straightforward issue of whether the City should stay with at-large elections or turn to wards, residents or organizations may propose ways in which to improve voter participation, such as the reform of voting procedures (perhaps through mail-in ballots or other such devices), improvements to enumeration, and so on.
It is likely that the merits of the at-large system, the ward system or a combination of the two will constitute the main issue to be considered.
Whether the City continues with an at-large system, or moves to wards or a combined system, the optimum number of Councillors will have to be considered.
There is a legal issue whether any change in electing City Council will, under the Vancouver Charter, necessarily mean a change in the election of the Parks Board, or even whether Council has the delegated power to change the method of election of the Parks Board from its present at-large system. The question of how GVRD representatives are selected may also be a topic of discussion, although of course the number of GVRD representatives allotted to Vancouver is determined through a demographic formula under provincial legislation.
It will be necessary to distinguish between changes that are open to Council to enact by by-law under the Vancouver Charter (with the consent of the Lieutenant Governor in Council) and changes that would require the passage or amendment of legislation by the Province. At the simplest level, Vancouver's choice is among (a) the present system, known as `at large' (utilizing `block voting', or `first 10 past the post'), (b) a neighbourhood constituency or `ward' system using the familiar `first-past-the-post' voting, or (c) a combination of the two, whereby there are both neighbourhood representatives and `at large' Councillors at City Hall.
However, some citizens' organizations have already contacted the Commission to request that it consider alternative systems for balloting: proportional representation, single transferable ballot, etc. These are issues that come within the Commission's mandate, but it will be important for citizens to understand that the City Council is substantially limited in its options by the present method of balloting, which is set out in the Vancouver Charter. Adoption of one of these alternative systems would almost certainly require an overhaul of Part One of the Vancouver Charter.
The Commission will employ two persons besides the Commissioner.
Jeannie Bates will act as Assistant to the Commissioner, to administer the Commission, organize hearings, oversee the communications plan, liaise with City Hall staff, etc. Ms. Bates will maintain the Commission's office at Berger and Company. In order to satisfy the requirements of the Law Society, she will become an employee of the firm for the duration of the Commission. Ms. Bates' position will be full-time.
Craig Jones of Bull, Housser & Tupper will act as Commission Counsel, which will involve providing advice on questions of law, preparing and managing documents, etc. Mr. Jones will be remunerated on a fee-for-service basis, which his firm is providing at a reduced rate to reflect the public service nature of the Commission's work. Mr. Jones's work for the Commission will be part-time.
The Commission will draw upon the considerable experience of City Hall officials and staff, who are already providing needed assistance in the planning process.
The fundamental requirement of the Commission is to hold public meetings so that Vancouverites can state their views and advance the arguments in support of those views. To this end, the Commission will hold two types of public meetings: initial `overview' presentations, and `town hall' style public hearings conducted throughout the city.
There will be two, and possibly three, public overview presentations at SFU Harbour Centre beginning in early December. The purpose of these presentations is to provide background and context to the issues, and gain some initial proposals which might be considered and debated by the public over the following months.
At the first overview presentation on December 2, the Commission has arranged for former Mayors Philip Owen, Mike Harcourt and Art Phillips to make presentations of their views on the merits of each of the `at large', `ward' and `mixed' systems (each of these senior statesmen of civic government holds a different preference).
The Commission plans to hold a second public overview meeting on December 11. Professor Paul Tennant of UBC, perhaps the leading authority on Vancouver's electoral past, has agreed to provide some background on the City's electoral history. We then intend to have Professor Tennant and other local experts in the field (we have presently invited Prof. Patrick Smith of SFU to participate) to discuss electoral systems in other cities, and share their contending views regarding the merits of the various systems for Vancouver.
If it appears, as it might, that there are a number of organizations with particular experience or interest in the topic of electoral reform who might add to the public debate prior to the neighbourhood hearings (see below), we may schedule a third `overview' presentation, likely early in the New Year.
The main consultative work of the Commission - the heart of its mandate - will be to conduct a number of hearings in neighbourhoods of the City from late January until April 30, 2004. These hearings, in the style of `town hall meetings', will be held in the evenings at the rate of approximately one per week.
Further to the Administrative Report of August 6, above, the Commission is working with the City's Planning Department to designate the best locations for these meeting throughout the city.
The proposed locations will be secondary schools, community colleges and other public facilities throughout the city (see list below). Citizens will be invited to attend any meeting.
· West End
· Downtown, Downtown Eastside & Strathcona
· Grandview/Woodland & Hastings-Sunrise
· Renfrew Collingwood
· Victoria-Fraserview & Killarney
· Kensington/Cedar Cottage
· Sunset
· South Cambie, Riley Park, Mt. Pleasant
· Oakridge & Marpole
· Kerrisdale, Arbutus Ridge & Shaughnessy
· West Point Grey & Dunbar
· Kitsilano & FairviewA forum for Chinese-speaking citizens could be held as a separate meeting with on-site translation.
Throughout the Commission process, the Commission will invite written submissions by mail, fax, email and, if technically feasible, through the Commission's website. Written submissions will also be received at the public hearings. Each written submission on a topic within the Commission's mandate will be reviewed.Although public meetings are an important way to solicit feedback from citizens, we recognize that given people's busy schedules many will not have time to attend a town hall meeting on this issue or send a submission. Considering that all citizens will be affected by a possible change in the way they vote for their councillors, it is important that the Commission look for other ways to conveniently involve and solicit feedback from Vancouver residents.
To this end, the Commission has looked for ways to enhance its consultation exercise, and has determined that public opinion surveys will be a second important way to involve citizens in this discussion. On the Commission's web site as well as in newspaper inserts (published in both English and Chinese), the Commission will undertake a survey: it will lay out the various models, the arguments for and against those models and then ask for opinions. As well, the Commission plans to administer a similar questionnaire using random telephone survey techniques. These additional consultation initiatives will help ensure the Commission reaches out to ordinary citizens and gauges their opinions.
In addition the Commission will endeavour to accept as many invitations as possible to speak to community groups and encourage them to get involved in the debate.
The City Clerk has said the Council wishes to involve the youth of the city. The Commission will consider urging some of the schools, as an exercise in civics, to have senior classes make submissions on the issues, and will be looking for other opportunities to outreach to youth in the course of the project. The Commission will work with staff from the civic youth strategy to determine other ways to engage young citizens in this debate.The Commission's Final Report will be ready by May 31, 2004.
It will include an account of the views expressed by citizens and the arguments advanced on the issues, together with the recommendations of the Commissioner.
If the recommendations include an option for designation of electoral areas, there will have to be boundaries for them, and a mechanism for independent review and changes to the boundaries as required. The Final Report will therefore address both.
As to boundaries, it may be convenient to consider the boundaries established for Vancouver's ten provincial constituencies, though it should be kept in mind the criteria employed under the Electoral Boundaries Commission Act for determining boundaries are not the same as those set out by Council for neighbourhood constituencies in the resolution of July ----29, 2003 (Appendix A). Moreover, there is no guarantee that future redistribution of provincial constituencies will accommodate the desired number of City Councillors.
The Commission's Report will necessarily also be concerned with the present legal barriers to certain aspects of electoral reform. The Commission intends to make recommendations divided into two parts: What can the Council do on its own, and what will require provincial legislation?
It is the understanding of the Commission that, although it is not referred to in the Council's resolutions, the Final Report may recommend a referendum on electoral reform if it considers this appropriate.
RESOURCES
The Commission has conferred with Jack Blaney who is heading the Province's Citizens' Assembly, with a view to utilizing work they have done and already have under way, and has conferred with Professor Ron Carty, the Assembly's director of research, about materials that might be made available to us by the Assembly. We are developing a common library, and we can take advantage of free educational materials on the design of an electoral system that will be made available by the Citizens' Assembly.
Most other necessary resources are already in place; in particular, as the budget makes clear, we expect to draw on the expertise of the City Planning Department and the City's Geographic Information System and Mapping software to help us manage the demographic factors for consideration in determining potential ward boundaries. The City Clerk's department and the City Solicitor's Office have already been most helpful.
COMMUNICATIONS PLAN
The Commission will undertake a communications and education campaign to support its work. Education will be key to help citizens understand the various electoral models and the pros and cons of those models. The goal of communications will be to help citizens feel that they are informed about the issues and debates, and encourage them to participate in public meetings and/or surveys by the Commission. Other communications activities will promote general awareness of the Commission's work, advertise public meetings and forums, and promote feedback from residents.
FINANCIAL IMPLICATIONS
A budget of $298,700 has been prepared by the Commission with assistance from Syd Baxter, City Clerk, and Margaret Coulson, Deputy City Clerk.
In costing out the public consultation activities and administrative costs as described in the discussion section above, the Commission estimates expenses of $298,700 (covering 2003 and 2004 costs) to accomplish the work requested by Council.
The budgeted expenses are as follows:
Description
2003 Budgeted Amount
(to Dec 31)2004 Budgeted Amount
Contract Services
34,000.00
99,000.00
Advertising
2,000.00
41,000.00
Consultant Services
0.00
10,000.00
Honoraria
5,000.00
Printing Services
250.00
4,000.00
Public Info/Education
1,000.00
35,000.00
Postage/Courier
2,700.00
Meeting Expenses
2,000.00
Office Supp/Services
500.00
2,000.00
Office/Hall Rental
3,000.00
21,000.00
Office Equipment Rental
300.00
700.00
Travel & Training
250.00
5,000.00
Internal Charges - IT Support Costs
30,000.00
41,300.00
257,400.00
TOTAL:
298,700.00
CONCLUSION
The Vancouver Electoral Reform Commission proposes the processes and resources detailed in this report to achieve the mandate defined by Council. The Commissioner also requires the flexibility to amend the processes, within the approved budget, to work through unforeseen circumstances that may be obstacles to accomplishing the Commission's mandate.
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APPENDIX A
Council Meeting July 29, 2003
Establishment of Commission on Electoral Reform (File 1103)
WHEREAS the City of Vancouver is committed to expanding civic democracy;
AND WHEREAS the citizens of Vancouver have voiced strong desire for electoral reform;
AND WHEREAS Council wishes to:
A. change the method of local elections from at large to neighbourhood constituencies under section 138 of the Vancouver Charter, in time for the next general civic election; and
B. establish a Commission on Neighbourhood Constituencies and Local Democracy whose purpose and mandate is to:
1) receive input from Vancouver citizens, neighbourhoods and communities and provide advice to council for the implementation of electoral reform that includes wards for the election of City Councillors, Parks and Recreation Commissioners and GVRD Directors for the overall improvement of the civic democratic process in our city;
2) provide a report to Council no later than May 2004 on the following:
a) The optimum even number of Neighbourhood Constituencies, for the purposes of section 138 of the Vancouver Charter, and proposed boundaries for the constituencies;
b) Any particular measures to adapt the election of the Board of Parks and Recreation Commissioners to the proposed Neighbourhood Constituencies;
c) Other measures available to City Council under the Vancouver Charter for the improvement of civic democracy; and
d) Other reforms for the improvement of civic democracy that would require amendments to the Vancouver Charter or other statutes in order to be implemented;
3) develop a consultative process, aimed at obtaining the broadest possible consensus for its proposals, and to ensure that every neighbourhood and community in the city has a fair opportunity to be heard and report to council by November 1, 2003, on the public consultation process to be followed, staffing structure and other administrative matters deemed necessary;
4) receive input from the public regarding other reforms for the improvement of civic democracy, and propose such other initiatives and processes as it considers advisable in the furtherance of those reforms.
5) in developing its recommendations the Commission will take the following factors into account:
a) The size of City Council and the Parks Board should improve community access to civic representation while avoiding undue increases in the cost of civic administration;
b) The variation in the number of eligible voters per Neighbourhood Constituency must be within acceptable limits;
c) The boundaries of the Neighbourhood Constituencies should be designed to ensure as much as possible that each of the diverse components of our City sees itself represented on City Council and the Parks Board. To that end, the boundaries should reflect the natural community structure of the city, with due regard to such considerations as:
_ community self-identification;
_ demographic, socio-economic and ethnic composition;
_ community service delivery;
_ parks, community centers, and other recreational resources and services;
_ commercial and other economic relationships;
_ schools.THEREFORE BE IT RESOLVED THAT the City Manager provide a report to Council that reflects the points above and develop a list of potential and available Commissioners by September 9, 2003; and
FURTHER THAT Council create a bipartisan Committee of Council to recommend the composition and membership of the Commission; and that Councillors Cadman, Louie and either Ladner or Sullivan be appointed to the Committee for the selection of the Commission to report on September 9, 2003.
APPENDIX B
Council Meeting September 9, 2003
Establishment of Commission on Electoral Reform
August 6, 2003 (File 1103)
A. THAT Council approve the process to establish and support a Commission on Electoral Reform as proposed in the Administrative Report "Establishment of Commission on Electoral Reform" dated August 6, 2003.
B. THAT Council approve an interim budget of $35,000, the source of funds to be 2003 Contingency Reserve, to support the activities of the Commission until the Commission reports to Council on November 1, 2003, with a proposed work plan and budget.
APPENDIX C
Council Meeting October 7, 2003
Commission on Electoral Reform Mandate (File 1103)
WHEREAS Council wishes that the mandate of the Commission on Electoral Reform established by Council motion on July 29, 2003, be clear to all voters;
THEREFORE BE IT RESOLVED that Council confirms that the mandate allows the Commission to receive submissions and report to Council on the merits of the current at-large system, the ward system and other alternative systems.
AND THAT the Commission report on the issue of campaign contributions.
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