Rothesay Council Turns a New Page – Will It Be Open Government or Just Better Spin
The Mayor and New Councillors were saying the right things at the official swearing in on Tuesday. A positive interpretation means we are on the threshold of a new era of open government. On the other hand, there is the certain knowledge that some councillors still consider transparency another word for better message control.
We will have see which of these play out in the months ahead.
Those who have followed the previous Council know that Rothesay’s problems are less about communications and more about inconsistent and incomplete processes that have led to millions of wasted tax dollars on poor decisions. Simply doing a better job of communicating bad decisions will solve nothing and shows a misunderstanding of the notion of “open government”.
What does open government mean?
Open government is really about constituents having, “greater civic participation in public affairs, and seeking ways to make their governments more transparent, responsive, accountable, and effective.” (see Open Government Partnership, Sept. 2011)
Open government is not achieved by simply hiring communications consultants. It’s about respectful engagement of constituents before an agenda is cast in stone.
An effective engagement process can result in broader public support even where there are differences of opinion. A top down decision process usually ends in confrontation that divides communities instead of building strength through consensus.
Open government is a two way process that is about being transparent regarding the full extent of whatever agenda is at play and the willingness to compromise.
The pragmatist would remind us that all this means that politicians and bureaucrats must share power with the public and this has to happen throughout the four year mandate not just when voters are polled at election time.
Experience shows, ‘though, that those who covet power the most are unlikely to diminish their hold on it through effective open government.
The challenge for all of us is to support those on Council who do respect the idea of open government and are working to see it in place. We also have a responsibility to call out those who fall into the old ways.
Some suggestions for Rothesay Council in delivering an open government:
Increase the availability of information about Council activities.
A good place to begin a transparency agenda would be to end the practise of excluding the public from Council meetings except where that is expressly required by law. Previous councils fell into the trap of routinely holding a closed session before the monthly public council meeting.
The Municipalities Act requires all meetings of Council to be open to the public. Subsection 10.2(4) of that Act states that the public may be excluded from council meetings if the topic under discussion falls within one or more of ten topic areas as defined in the act.
Note: The “may” is not shall. So even if the topic allows for a closed session, excluding the public is at Council’s discretion and telegraphs their attitude toward transparency.
We have no way of knowing if those previous councils broke the law by excluding the public from past meetings as the notice of those meetings, the agendas, and/or the justification under subsection 10.2(4) that was used to keep the public out are routinely withheld from Council’s public record.
Too frequently debates that should be held in public are held behind closed doors. The limited discussion witnessed in the open session are a good indicator that decisions have already been made. The lack of a proper debate where the public hears all sides gives rise to inevitable public cynicism and opposition.
The new council could go a long way to demonstrating its commitment to transparency if it has fewer secret meetings while it provides more justification for the closed meetings it does hold.
Support civic participation.
Council should consider ending the use of the “public open house” as a vehicle to collect public comment on policy and development proposals. The Open House is an ineffective and easily manipulated vehicle to sample opinion and more importantly, it is a lost opportunity to engage in public consensus-building.
Council should return to the more formal public hearing for issues of importance to the broader community.
Public hearings allow proponents to be questioned and the public to make its views known in a public plenary session where a more complete picture of pros and cons can emerge.
Council should also review the procedures of all Town committees and Boards to ensure that where there is a need or requirement for public input, it is provided for in clearly laid out process. Where there is a right to appeal decisions, that both the decision, any background documentation, and notice of right to appeal are publicly posted at the beginning of the appeal period, not afterward as has happened in the past.
If Councillors are really interested in improved communications and in supporting civic participation, they might consider establishing a section on their website that lists current decisions, the rationale and authority under which they were made, and information on appeal rights.
Respect for members of the public.
A lot was said during the election campaign about the antagonistic environment between the Town and members of the public. Stories of conflict abound with Rothesay before the courts at an increasing frequency.
Litigation should be rare and a last resort after all other means to mutually resolve conflicts have been exhausted.
The hiring of lawyers should be by motion of Council not left to the discretion of town staff. This may also save the Town a small fortune in legal costs. Judgements should be made available on the town’s website and Council should publish the total of all its legal costs on an annual basis so taxpayers can judge performance in this area.
This Council should telegraph early the message that open government means accommodation not confrontation.