ADMINISTRATIVE REPORT Date: September 4, 1996 TO: Vancouver City Council FROM: City Clerk, in consultation with the Director of Legal Services SUBJECT: Election Systems and Municipal Government: Opinion Question to Electors - 1996 General Local Elections, November 16, 1996 RECOMMENDATION A. THAT City Council approve the wording of the opinion question regarding the election of local government officials, identified as Option 1 on page 4 in this report. B. THAT factual information regarding the options for electing local government officials identified in the question be distributed to electors as a section of the City's Election Information Brochure. CONSIDERATION C. THAT City Council approve the wording of the opinion question regarding the election of local government officials, including the third alternative of a mixed system, identified as Option 2 on page 4 in this report. D. THAT separate questions be provided for the election of Park Commissioners and School Trustees. CITY MANAGER'S COMMENTS The City Manager RECOMMENDS approval of A and B, and submits C and D for CONSIDERATION. COUNCIL POLICY There is no Council Policy directly applicable to this matter. Section 138 of the Vancouver Charter provides: (1) Unless a by-law under subsection (2) applies, every member of Council must be elected from the City at- large. (2) The Council may, by by-law, provide that all or some of Councillors be elected on a neighbourhood constituency basis. (3) A by-law under subsection (2) must establish the areas that are to be neighbourhood constituencies and provide for an orderly transition to election on this basis. (4) A by-law under sub-section (2) must be approved by the Lieutenant Governor in Council before it is adopted. Section 184 of the Vancouver Charter provides: The Council, for its own information, may submit for the opinion of the electors any question with which the Council has or desires to have the power to deal. Section 486(i) of the Vancouver Charter provides: The members of the (Park) Board shall be nominated and elected at the same time and in the same manner as Councillors. PURPOSE The purpose of this report is to recommend to Council the wording for the opinion question to be submitted to the Electors during the Local Government Elections to be held this fall, regarding the City's existing "at large" system of electing local government officials. The report also recommends further action to be taken to provide information to City electors in preparation for this question. Submitted for consideration is an alternate question which provides an option of a mixed system for electing local government officials. BACKGROUND In his Inaugural Address of December 1993, Mayor Owen announced there would be a referendum on a ward system as part of the next municipal election. At that time he also asked the City Manager and the City Clerk to report to Council on the composition of a wards review committee, including the terms of reference, budget and procedure to establish boundaries and the process for public participation. Based on discussions with the City Manager and the City Clerk, the Mayor later recommended the review of the ward boundaries be deferred until the results of the 1996 referendum are known and the data from the 1996 Census is available. Further, should the 1996 referendum result in a decision to change the present system to a different one, the system would not be implemented until the following election in November 1999. City Council, during its meeting held November 14, 1995, resolved that a referendum regarding wards or an at large system, be held at the time of the November 1996 election. Council further resolved that if the results of the 1996 referendum indicate more than 60% of the voters favour a ward system, the current Council recommend that the 1997 Council establish a wards boundary review committee utilizing data from the 1996 Census. Council also directed staff to report back with factual information on the history of governance in Vancouver and current at large/ward experiences in other North American Cities. A motion that the 1996 referendum be based on the question of either a full ward or an at large system, not a partial ward system, was deferred. On June 26, 1996, City Council received the report prepared by the City Clerk, Election Systems and Municipal Government. Council also approved funding for the printing and distribution of the report to interested groups and individuals and directed the City Clerk, in consultation with the Director of Legal Services, report back on the proposed wording of the question. Approximately 650 reports have been distributed to interested parties since early July, 1996. DISCUSSION The provisions of the Vancouver Charter pertaining to wards (now referred to as neighbourhood constituencies) were replaced by the enactment of the Local Elections Reform Act on July 29, 1993. The current Charter provisions permit Council, by by-law, passed by a simple majority, to provide for all or some of the councillors to be elected on a neighbourhood constituency basis. While the bylaw must be approved by the Lieutenant Governor in Council, there is no longer a requirement that a change to the electoral system be approved by a 60% vote in a plebiscite of electors. Although no longer required, Council has directed the opinion of electors be sought before giving further consideration to a change to the system of electing local government officials. Further, Council resolved that, if the results of the question indicate more than 60% of the voters favour a ward system, this Council recommend the 1997 Council establish a wards boundary review committee, utilizing the data from the 1996 Census. The Question Council is seeking the opinion of the electors regarding whether or not they favour a change in the existing "at large" system of electing Councillors to a system whereby Councillors would be elected by wards (or neighbourhood constituencies). It is recommended the question be structured as follows: Option 1: Are you in favour of changing the existing system of electing Councillors "at large" to one whereby Councillors would be elected by wards (neighbourhood constituencies)? Yes ( ) No ( ) Alternate Question Submitted for Consideration Research by the City Clerk, reported in Election Systems and Municipal Government, identified three main systems of electing city government in use in North America: at large, ward and mixed systems. A mixed system provides for the election of some Councillors at large and some by ward. Section 138 of the Vancouver Charter provides that some or all Councillors may be elected on a neighbourhood constituency basis (i.e. by wards). Council may, therefore, wish to consider the following alternate question which would determine if the electorate favour a change in the existing at large system and, if the system were to change, which of the other two systems is preferred. Option 2: Are you in favour of changing the existing system of electing Councillors "at large"? Yes ( ) No ( ) If the existing system were to change, which system of electing Councillors would you prefer? Ward System ( ) Mixed System ( ) It should be noted these questions are being asked to seek the opinion of the electors, as provided by Section 184 of the Vancouver Charter. As the questions are seeking an opinion only, the results are not binding on Council. Separate questions could also be asked regarding the election of Park Commissioners and School Trustees. The Park Board and School Board have received copies of this report, and will be advising Council of their respective positions on the matter. In accordance with its November 14, 1996 resolution, if 60% or more of the electors favour a change in the existing "at large" system, Council will recommend the 1997 Council establish a wards boundary review committee. If Option 2 is selected, the results of the second question would be useful to both Council and the Committee, by indicating which system is preferred to the existing "at large" system (i.e. a full ward or mixed ward system). It is anticipated if 60% or more of the electorate vote in favour of a change, and if the 1997 Council appoints a wards boundary committee, the committee will report its recommendations to the 1997 Council such that a by-law may be adopted to allow the implementation of a new system of electing city government in the 1999 General Local Elections. It should be noted, however, under the current provisions of the Vancouver Charter, the 1997 Council will NOT be bound to take any of these actions. Public Information Program It is considered critical the electorate be fully informed of the options being presented in this question. It is therefore recommended information regarding the systems for electing city government, identified in the question, be included in the 1996 General Local Elections Information Brochure. This brochure, which contains general elections information, including a list of candidates and information on the 1997-1999 Capital Program Plan Borrowing Questions, will be distributed to city electors by Canada Post AdMail and as an insert in a community newspaper for distribution to all households in the city. The brochure will advise how to obtain additional information, including how to obtain copies of the full Election Systems report. The information will also be translated into other languages for distribution through the City's Elections Community Outreach program. * * * General Mgr./Dept. Head: Report date: September 4, 1996 ________________________ Author: G. Mervyn Date: __________________ Phone: 7274 IRTS Number: This report has been prepared Concurring Departments: in consultation with the departments listed to the _Law Department__________________ right, and they concur with its contents. _________________________________ _________________________________ APPENDIX I ELECTOR OPINION QUESTION SYSTEM FOR ELECTING CITY GOVERNMENT City Councils in North America are elected according to three main systems: - at large systems in which all eligible voters within the city boundaries vote on the same list of candidates, and those elected represent all areas of the city equally. - ward systems in which a city is broken down into smaller areas (wards or neighbourhood constituencies) and voters in each area vote on their own list of candidates who wish to represent their area on Council. Wards may be single or multi-member. - mixed systems which include some members elected at large and some by ward. In most cities, whether using a ward system or not, the Mayor is elected at large and independently from the rest of Council. City Government Officials in the City of Vancouver, including the Mayor, 10 Councillors, 9 School Trustees (representing School District No. 39) and 7 Park Commissioners are all currently elected at large. In this election you will be asked to express your opinion regarding the City's current system of electing city government by responding to the following two questions: Question 1. Are you in favour of a change to the existing system for electing Councillors at large? YES ( ) NO ( ) Question 2. If the existing system were to change, which system of electing Councillors would you prefer? WARD SYSTEM ( ) MIXED SYSTEM ( ) (Similar questions will be asked regarding the election of Park Commissioners and School Trustees.) - 2 - If the results of this question indicate that 60% or more of the voters prefer a change from the existing at large system, City Council will recommend to the new City Council that a wards boundary review committee be appointed to consider and recommend a new system of electing City Government for use in the 1999 General Local Elections. For persons wishing additional information regarding this matter, the report, Election Systems and Municipal Government, is available from the Office of the City Clerk, Third Floor, City Hall, telephone 873-7276.