Report for Community Services Committee September 22, 2008 Meeting

Organizations that Advocate/Lobby to City Council Policy Terms of Reference

Organizations that Advocate/Lobby to City Council

Policy Terms of Reference

Report Summary

This report discusses ways to provide guidelines to organizations that lobby Council and terms of reference for development of a lobbying policy.

Previous Council/Committee Action

At the March 3, 2008, Community Services Committee meeting, the following motion was passed:

That Administration report to the September 22, 2008, Community Services Committee with:

1. Terms of Reference for a policy regarding funding advocacy/lobby organizations that advocate to City Council.

Report

·  Edmonton’s vision and strategic plan was created with input from citizens and encourages increased public participation. Along with increased participation in Council’s decision making process, comes increased and often, competing demands. The concern with developing a policy restricting groups that receive funding from the City from advocating to City Council, would be a real or perceived restriction on a person’s ability to advocate on behalf of their organization.

·  Two recent pieces of legislation governing lobbying decision makers have been developed provincially and federally. The federal Lobbying Act came into force on July 2, 2008. Similarly, the provincial Lobbyist Act, passed in 2007 is expected to be proclaimed this year. The federal Lobbyist Act requires groups that pay their lobbyists to register if they are lobbying decision makers. The proposed provincial Lobbyist Act exempts not-for-profit groups from having to register. Neither of these acts otherwise restrict non-profit groups that receive government funding from advocating to decision makers. Neither act applies to municipal councils.

·  There is no place that prohibits non-profit groups that receive government funding from lobbying decision makers.

Definitions

·  The words ‘advocate’ and ‘lobby’ have been used interchangeably. For the purpose of this report, ‘lobbying’ includes ‘advocating.’ Lobbying is communicating to try to influence a government decision. Advocating is speaking in favour, or public support of a recommendation or cause.

Organizations

·  Organizations that engage in the municipal decision making process range from those that are created and/or appointed by Council to organizations that have no formal governance relationship with the City of Edmonton. Council passes bylaws governing agencies, boards and commissions they create.

·  It is, therefore, those organizations with no formal relationship with the City of Edmonton, other than through funding, that would be affected by a policy. A list of organizations that receive funding from the City of Edmonton can be found in Attachment 2.

Criteria for Groups that Receive Funding from the City of Edmonton

·  Funding criteria in bylaws such as the Community InvestmentGrant Bylaw 14157 or policies such as the Community Investment Grants to Organizations and Individuals could be amended to include lobbying and conflict of interest restrictions.

Do Other Canadian Cities Have Policies on Providing Funding to Lobby Groups

·  Of six Canadian cities surveyed, Calgary, Vancouver, Saskatoon, Winnipeg, Toronto and Halifax, none has a policy regarding funding groups that lobby Council. However, some program criteria stipulated that municipal funding not be used on lobbying activities.

Next Steps

·  No further action is planned by Administration unless Council gives direction to proceed with a policy.

·  A process to develop terms of reference is outlined in Attachment 1. If Council decides to proceed with a policy, the first phase would be consultation with affected stakeholders. A terms of reference would be presented to Council for approval after consultation with stakeholders.

Policy

No lobbying or advocacy policy exists.

Focus Area

Good Governance

Attachments

1. Process to Develop Lobbying Policy Terms of Reference
2. List of organizations that receive City of Edmonton funding.

Page 2 of 2

Attachment 1

Process to Develop Lobbying Policy Terms of Reference

City Policy - Organizations that Advocate/Lobby to City Council

Process to Develop a Terms of Reference

Background and Purpose

On March 3, 2008, Community Services Committee directed Administration to prepare a terms of reference for a policy regarding funding organizations that advocate/lobby City Council. This Terms of Reference provides options for Council’s consideration regarding developing a policy that would clarify roles of various organizations that may advocate or lobby City Council

Policy Scope

It is proposed that the City Policy consider the following:

1.  Definition of Terms

2.  Classification of Organizations

3.  Conflict of Interest Guidelines

4.  City Procedure

Optional:

1)  Post-employment Prohibition on Advocating or Lobbying to Council

Consultation

Corporate Services Department will consult with internal and external stakeholders.

a)  Internal Stakeholders include:

i)  Members of Council

ii)  Administration that oversee Agencies, Boards and Commissions

iii)  Administration that oversee granting programs

iv)  Law Branch

b)  External Stakeholders include:

i)  Agencies, Boards and Commissions representing each of the following classifications:

City Boards

(1)  Quasi-Judicial

(2)  Advisory

(3)  Decision Making

(4)  Ad Hoc Committees and Task Forces

(5)  Business Revitalization Zone Associations

(6)  Liaison Appointments

External Boards

1.  Intergovernmental

2.  Management

3.  Funding

ii)  Organizations that receive funding from the City of Edmonton

Research

Research on how other Canadian municipalities clarify roles for organizations that advocate or lobby City Council would be conducted. Research would also be conducted on how the principles of the Government of Canada Lobbyist Act and Province of Alberta Lobbyist Bill might apply in the municipal context.

Policy Draft

Corporate Services will draft a City Policy for Community Services Committee’s and Council’s consideration.

A City Procedure will be drafted for Senior Management Team’s approval.

Optional

Non-Statutory Public Hearing

Community Services Committee may wish to consult with affected stakeholders by holding a non-statutory public hearing before making its recommendation to Council.

Definitions:

1.  Advocate: An advocate is someone who supports or speaks in favour. An advocate may plead for another person. Advocacy is the public support for or recommendation of a cause or policy.

2.  Lobbyist: Lobbying is communicating with a municipal government official (for example, a Councillor or Administration) to try to influence a government decision.

Lobbying can include:

a.  telephone calls

b.  letter writing

c.  e-mails

d.  face-to-face conversations

Talking to your Councillor isn’t considered lobbying, unless the conversation is about influencing a Council decision for your own benefit. Neither is talking to your Councillor or Administration about how existing an bylaw or policy applies to you or an organization.

Lobbyists may be employees of an organization, they may be hired as consultants, or they may be volunteers but receive a stipend or honorarium for their work. Lobbyists may be classified in two ways:

·  organizational lobbyists are hired by organizations, and lobby the City as part of their jobs

·  consultant lobbyists are paid to lobby on a specific issue on behalf of their clients

Page 2 of 2 Report: 2008COC012 Attachment 1

Attachment 2

Organizations that Receive City of Edmonton Funding