Wednesday, February 25, 2015

Spending Limits Needed

A submission made last November to the Special Committee on Local Elections Expense Limits*.

The Issues
The following is intended to provide input for the committee's consideration based on the status and outcomes of local government elections in Burnaby, BC, which may not represent the general case for the issue throughout the province, but appears to be an instance of a democratic deficit which has grown out of hand, and requires urgent corrective measures.

Unlike most municipalities, Burnaby has one long established municipal political party which has currently been in power continuously for almost 30 years, is into its third term with no opposition, and under the current system is likely to rule in perpetuity. The Burnaby Citizens' Association (BCA) is also unusual in its structure, since it is effectively a subsidiary of the provincial New Democratic Party: a membership requirement of the association is pre-existing membership in the provincial NDP.

There are a number of reasons for this extraordinary success under an apparently democratic system, and I would submit that good government is not one of them. While there are a number of areas of the election process that appear to require scrutiny, this committee's mandate can go some way to correct a failing in the system that is producing these consistent electoral results at a substantial cost to the community as a whole, and possibly reverse the voter apathy which has been exploited so effectively by the incumbents.

Under the current system, with no cap on contributions and no qualification of contributors, the BCA has had virtually unlimited funding and has outspent their opposition in election campaigning better than ten to one. This asymmetrical condition has been facilitated by the cozy relationship the party enjoys with labour unions and property developers, who provide the lion's share of contributions.

The numbers, which the City has so far refused to put on line**, speak for themselves, but in 2011 the unions, with CUPE by far the largest contributor, gave $134,000 to BCA, and property developers donated close to $90,000. This was after Burnaby's council, in a submission to the Local Government Elections Task Force, had recommended that no limits be placed on campaign contributions, and urged the task force “not to try to fix something which is not broken”.

It's no wonder these two groups are so generous in their support of BCA. The unions, and CUPE in particular, are the beneficiaries of council policies that accommodate their every wish, and local 23, the union that negotiates for the employees of City Hall, is in a particularly egregious conflict of interest. This relationship has an interesting history, since the mayor's previous calling was as a labour lawyer, and several of his council members were in union executive positions in previous incarnations. Concurrently, Burnaby is considered to be one of the most development friendly jurisdictions in the country, and has on numerous occasions adjusted planning to accommodate increased densities and other features which help developers extract the maximum return on their investments.

While encouraging development at any cost, and ignoring its own zoning bylaws for the benefit of developers who routinely build mini-apartment houses on single family lots, the city refuses to consult residents on mega developments virtually at their doorsteps, and permits the demolition of low rise rental apartments, to be replaced by high rise condo towers, contrary to their own long term development plans and commitments.

Recommendation
While the current election results, along with all previous ones, indicate that the most pressing issue in terms of addressing the perceived democratic deficit is voter apathy, this problem is not part of the present committee's mandate. However, it is exacerbated and skillfully exploited with the help of the exceedingly generous funding which is used to great effect in political advertising and phone campaigns which any opposition cannot hope to match.

Therefore, in order to help level the playing field and eliminate the blatant conflicts of interest inherent in the current process, I recommend that:
  1. Corporate donations to municipal election campaigns be eliminated entirely.
  2. Union donations to municipal election campaigns be eliminated entirely.
  3. Donations, and any transfer of funds between political parties or similar entities be prohibited.
  4. Personal donations to municipal election campaigns be capped at a reasonable level, possibly $1,000.
*The committee's final report is due on June 26, 2014, and its initial report is available here.
**Elections B.C. has since published the 2014 election expenditure and contribution data, and the numbers for 2011 are available as hard copy at City Hall only, but can be viewed here.