Power Relations Between Mayors and Councillors

Dr. Meir SerfatyProfessor and Chair, Political Science Department

Brandon UniversityMay 11, 2015

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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

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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

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An overview of the presentation

Set 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 other

Explain why and how mayors have gained powers over councillors

Suggest how councillors can re-gain some or most of their legally-conferred powers

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The parameters of the studyManitoba municipalities serve as the primary example.

Much of my research relates to this provinceAlthough 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/municipality

In 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

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(…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 politics

Some 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

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A simplified model of the policy-making process

Policy/decision-making requires the following sequence: INITIATION: Developing and introducing of new policy DELIBERATION: Discussing and considering the

proposal and its alternatives RECOMMENDATION: Advocating for approval ADOPTION AND RATIFICATION: Approving IMPLEMENTATION: Carrying out of decisions made SUPERVISION: Watching over administration to ensure

proper implementation of decisions ADJUDICATION: Settling conflict in disputes, acting in

judgment in accordance with the law EVALUATION: Reviewing policy after a period to

determine whether it works

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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)

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(…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 The judicial branch is primarily responsible for

adjudication

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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 structures

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Power relations in federal and provincial governments

The Westmister system of responsible government makes for separate BUT interdependent roles for the executive and legislative branches

Ultimately, the political executive controls the legislature through its control of the members of the majority party

The judicial branch is independent

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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

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Provinces partly determine the powers of councils

They establish general electoral processes and systems, including eligibility and terms of office

They 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

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Provinces partly determine the powers of council members

These 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)

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(…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 meetings

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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 council Representing 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

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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 reported

Through procedural by-laws which deal with how meetings are conducted, how by-laws are debated, recorded etc.

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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)

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(…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

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Other (external) reasons that mayors’ powers have increasedTheir broader public visibility

People mistakenly confuse their power with that of the premier/ PM in their relation to the councillors

They are the focus of the media, often the province and other community groups external to council

They are expected to be knowledgeable about every matter affecting the municipality

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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 departments

They are constrained by rules of procedure during meetings

They are often not privy to general council business until just prior to meetings: they need to make a special effort to be engaged

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(…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

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(…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 constituents

When they represent wards, they are perceived as less visible and legitimate by the whole municipality

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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)

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(…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 engaged

They can become leaders, especially if mayors are not interested in, or capable of, leading

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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)

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(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 legislation

Become 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)

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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)

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ConclusionCouncils 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 business

It 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

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Question-and-answer period

Thank you for your participation at this webinar

Meir Serfatyserfaty@brandonu.ca

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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:

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(…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%)