Are You Being Heard (by Council)?

Hamilton City Councillor Andrew Bydder was interviewed about his thoughts on the effectiveness of council communication processes with Hamilton residents and ratepayers. Given the recent proposal for very large rate rises, and the fact that many Grey Power members are on fixed incomes, this was viewed by our members as an important issue. The interview primarily discusses the submission process on council policies. Council policies involve decisions that have significant implications for the quality of life of all Hamilton residents. Andrew identifies several areas in which submission processes could be improved.

Q 1: Apart from every three years when Hamilton City Councillors are elected, what opportunities do Hamiltonians have to influence the council policies that so greatly affect their everyday lives and rates bills?

Andrew: The biggest opportunity is for ratepayers to make submissions to HCC policy proposals.

Q 2: Can you tell me about the process of ratepayer submissions?

Andrew: The HCC is legally required to consult on council proposals that are publicly notified. However, there is no definition of the submission process, or direction on how this is to be done.

Q 3: So how do Hamilton ratepayers find out about proposals?

Andrew: The council staff, not the elected councillors, write the proposals and promote the information on the HCC website. Unfortunately, for ratepayers to be properly informed they would need to keep up to date with information from the council on almost a weekly basis.

Q 4: Whenever I look at council information on proposals, I find there is scant financial information. Given rising rates and debt are a major issue for Hamilton residents and ratepayers, this seems to be a major flaw in the submission process. It makes it very difficult for me to decide whether the proposal is cost effective given the potential rates implications. Is this lack of financial information usual?

Andrew: Yes. This would be improved if every council proposal had to come with a business case outlining the costs versus benefits. In addition, updates on those financial costs and overruns should be published with the information on the contractors and reasons for any overruns.

Q 5: A quick related question - a Grey Power member asked last week – “Is it true that ratepayers home are collateral for HCC debt?”

Andrew: Yes, ultimately HCC debts are secured by ratepayer’s homes. There is a little-known clause that if ratepayers can’t pay their rates, then councils can force lenders such as banks to cover those rates arrears. Even if a house has no debt the council can go through the courts to get an order for payment. It is worth reading the article on the Sunday Star times - https://www.stuff.co.nz/sunday-star-times/3257126/Rates-unpaid-Councils-dip-into-mortgages

Q 6: So, what is the process by which submissions are elicited from the public?

Andrew: Usually, staff put out a survey. As a researcher I look at these surveys and consider them poorly formed with leading and double-barrelled questions that may bias the outcome. This could be improved as coming from a statistical background myself I do not find the data from these surveys all that useful. In addition, there is a consistently low response rate to these surveys. When I speak to residents, I am told that the low response rate is due to council not listening to them. It is a catch 22. There is need for a change.

Q 7: Would the council, i) benefit from and ii.) be open to, support from the University of Waikato in writing these surveys?

Andrew: Absolutely as a councillor this would be a great initiative.

Q 8: Would staff support this idea?

Andrew: Surely it would save costs.

Q 9: So, can people only submit via the survey?

Andrew: No people can bypass the survey and write a written submission.

Q 10: In your experience is this effective?

Andrew: No, staff simply collate these into two groups of those that a) generally support the proposal and b) those that do not support the proposal. Councillors can read these submissions, but I have been disappointed to see a lack of interest from some councillors to do this.

Q 11: Is there useful information in those submissions?

Andrew: I have found that reading them is very useful to get a deeper understanding of the issues people face.

In order to improve this written submission process, the submitter has the option of speaking to their submission. This is more effective as a means to ensure you are heard.

Q 12: Is being heard the same as being listened to?

Andrew: Unfortunately, I have seen councillors on their phones for the entire submission process. Also, the entire speaking time for each speaker is typically limited to just 2 minutes.  

Q 13: How can 2 minutes be enough?

Andrew: It is not enough. So, submitters need to get an organization or a group and coordinate their oral submissions. If they are an organization, they get 5 minutes, or as individuals they collectively might get a longer time. This however a huge commitment, during work hours, and there is no guarantee that you will be listened to.

Q 14: Doesn’t this process favour vested interests rather than the general individual ratepayer given the requirements in terms of time and expertise?

Andrew: Not so much business, as they are generally busy, but it does potentially favour lobby groups.

Q 15: Given how political lobby groups are funded in NZ, do we have to be concerned about the potential for corruption? Or are there good safeguards?

Andrew: I have not seen any financial corruption but ideological capture. For example, cycle activism has been taken over by climate activism.

Q 16: So how can these processes be improved?

Andrew: ideologically councillors are not in a position to deal with it. The HCC has set up the Voice of Hamilton which you can find at https://hamilton.govt.nz/your-city/share-your-voice/voice-of-hamilton-kirikiriroa/. The aim is to get a more representative group of general people having their say. I would encourage everyone to sign up. There is however still a need for better financial data so that people can make informed decisions about proposals that may end up costing them in relation to both rates and city debt.

Q 17: For the verbal submission process can the submitter ask councillors questions?

Andrew: No. This is a gap in the system, and it would be a good process to ensure that councillors are put on the spot and to determine their understanding of the issues.

Q 18: Given that people may spend a lot of time and effort researching and making detailed submissions, in your experience does this have a significant influence on council decisions?

Andrew: Staff get paid time and more resources, so it is hard for private people to compete with them for attention. 

A19: Given the limits to the submission process, are councillors available to ratepayers?

Andrew: The easiest way to contact councillors is by email. It is better to address a single councillor rather than copying in everyone as otherwise they will leave it to someone else and you may not get a response.

Q20: Do they respond?

Andrew: You should get a response, but it can be quite flippant. So, follow up with a phone call a few days later. The councillor should by then be aware of your issues so they will be more open to discussion at that point.

Q 21: Will this be more effective than the submission process?

Andrew: If you can get them interested, they can take it up with other councillors and this can be the most effective way, particularly if it is not an issue that is currently undergoing consultation. A couple of things to be aware of, firstly often people are confused as to what is a local government issue and what is a central government issue. Secondly, councillors are quite limited in their power to do things, and even at a local board level to make policy changes it comes down to voting numbers so getting a group of councillors on board is crucial.

Q 22: Do councillors write the HCC policy?

Andrew: We get to instruct the staff on what we want, but staff write it and then we get to vote on what they write. Similarly, we set the budget but do not control how it is spent.

Q 23: Can councillors direct the writing of the policy?

Andrew: We can make recommendations. However, the councillors don’t employ the staff, we only employ the CEO. The CEO employs everyone else. This is a deliberate system to separate the elected councillors from the council operations.

Q 24: The CEO is only up for renewal every 5 years while a council term is 3?

Andrew: Yes

Q 25: Doesn’t this give too much power to unelected staff that elected officials have little control over?

Andrew: Yes

Q 26: How can this be improved?

Andrew: This needs a legal change by central government.

Q 27: But how to get the balance right?

Andrew: this is a complex process, but I have some thoughts on this. Perhaps we can discuss this in another article.

Summary: Key Suggestions for Improving Council Communication Processes

1)      Information on Council Proposals should include a detailed business case with a cost benefit analysis and with detailed financials.

2)      Updates on financial costs and overruns should be published with the information on the contractors and reasons for any overruns provided.

3)      The surveys put out by the HCC to encourage submissions need to be improved so that they provide more useful information for councillors. Engaging experts at the University of Waikato would improve these processes.

4)      Councillors should read all written submissions.

5)      A review of the 2-minute time limit on individual submissions should be undertaken.

6)      Allowing verbal submitters to ask councillors a very limited number of questions, in a strict time period, should be considered.

7)      Citizens are encouraged to email councillors directly with their policy related concerns and then follow this up with a telephone call. However, citizens need to ensure that they understand the areas that local councillors are responsible for, and have authority over.

8)      Ultimately Hamilton Ratepayers (and other Residents through rents), are liable for council decisions and hence it is important the all Hamiltonians are aware of the importance of these decisions.

9)      It is crucial that all Hamiltonians engage with submission and voting processes given the significant implications of HCC policies.

10)   Getting the balance between separation of operations and the authority and responsibility of elected officials is difficult, but may currently be out of balance.