REALTOR速 Guide to Municipal Government
REALTORS® Guide to Municipal Government This Handbook is intended to complement the REALTORS® Guide to Political Affairs, which describes the provincial and federal systems of government, key players, and suggests actions for local Political Action Committees (PAC) in participating in the system. Local municipal and regional governments can have a major impact on REALTORS®’ ability to do business. As members of the community and local businesspeople, REALTORS® also have a lot of experience and insight in community issues, and local governments benefit from regular, constructive input from the real estate community.
Finally, remember that the OREA Government Relations Department is here to help. Please call or write to us if we can be of any assistance. Contact:
OREA Government Relations 99 Duncan Mill Road Don Mills, Ontario M3B 1Z2 Phone: (416) 445-9910 or 1-800-265-6732 Fax: (416) 445-2644 E-mail: governmentrelations@orea.com
OREA hopes this guide will help local boards and members gain a better understanding of the municipal and regional systems of government, and provide you with ideas for engaging your local government on issues of importance to REALTORS®. For many people, political affairs can seem complex and confusing. We hope this manual will make it easier for each local board PAC to be productive and enjoy working with fellow members to improve our communities, our province and our country. We would like to hear any comments or suggestions you have about the manual, especially areas where we can make it more useful for you.
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TABLE OF CONTENTS OVERVIEW OF MUNICIPAL GOVERNMENT ...................................................................3 Background and Role of Municipal and Regional Government .........................................................4 Major Municipal Responsibilities ......................................................................................................4 Role and Structure of Municipal Government ..................................................................................4 Municipal Staff and Departments .....................................................................................................6 Decision-Making Process ..................................................................................................................8 How Council Works .........................................................................................................................9
Working with your municipality ......................................................................................12 Roles for PAC members ..................................................................................................................12 Suggested Activities .........................................................................................................................12 Case Studies ...............................................................................................................................13 Communicating with Municipal Officials .......................................................................................14 Responding to Municipal Decisions ................................................................................................18 Case Studies ...............................................................................................................................17
Municipal Media Relations ...............................................................................................18 Summary ....................................................................................................................................21
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OVERVIEW OF MUNICIPAL GOVERNMENT Although there is a perception that the federal Background and Role of and provincial levels of government have a higher Municipal & Regional Government level of importance and are responsible for the “big ticket” issues, municipal government has by A municipality is a body created by provincial far the greatest impact on all of us. legislation, and its ability to act as an entity is governed by the Municipal Act. The Municipal To quote former United States Congressman Act and its associated regulations outline what and House Speaker Thomas P. “Tip” O’Neill, a municipality can and cannot do. For business “All politics is local.” Whether it is for business and legal purposes, a municipality is a registered or individuals, municipal government affects our corporate entity. lives and our livelihood on a daily basis. A municipality is often referred to as a “creature Regulating the day-to-day activities that take of the province.” This is because a municipality place within our community is most often the can only come into existence through the authoresponsibility of our municipal government. rization of the provincial government. MuniciWhat makes this beneficial to us is how accessible palities are created through legislation or by the municipal government is when we need to take Lieutenant-Governor-in-Council (regulations action on their responsibilities. Whether it is a are made by Cabinet.) Municipal responsibilities business or personal issue, municipal government generally fall in three specific areas: the municipal is much easier to access compared to the other budget, by-laws and policy resolutions. two levels of government. The Ontario provincial government has played There are excellent opportunities to participate a major role in municipal restructuring over the in the running of your municipality. Whether it past number of years. For example, it has exeris through a city or town department, a public cised its authority to amalgamate a number of committee, meeting with a council member, adjoining municipalities into one larger entity. reeve or mayor, we can all have an impact on In other cases, adjoining municipalities have issues, policy and by-laws, which fall under the sometimes requested permission to amalgamate. municipality’s responsibilities. Under both scenarios, the provincial government must pass legislation to effect the change. Municipalities make numerous decisions which affect real estate. Decisions regarding land and In some areas of our province (York Region, land use planning have a direct impact on the Peel Region and Niagara Region for example), quality of life in your communities and your abilthere is an “upper-tier” regional government. ity to earn a living. That is why it is important to Regional government is generally made up of know how decisions are made at the municipal a Regional Chair and a number of regional level and more importantly, how to influence councillors who represent specific municipalities those decisions. within the geographic boundaries of the region. Elections for regional councillors are held at the Knowing where to go and who to work with same time and in conjunction with the election is critical. While municipal councillors make decisions regarding policy and major issues, the of local councillors. Mayors are automatically given a seat on regional council when elected. daily decision-making process is left to municipal staff. Municipal staff also plays a key role in Regional councils often exist to coordinate advising council and the mayor on policy, mularger infrastructure type services, which are nicipal by-laws, zoning and planning issues. All normally too expensive for a smaller town or of these areas can affect land use and real estate village to maintain. This includes services such within the municipality. as policing, ambulance, waste management and landfills, water and sewer, and transit. 2008 REALTORS® Guide to Municipal Government
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Major Municipal Responsibilities Regions and/or municipalities are responsible for the following major activities. • Collection of property taxes • Roads, water and sewer infrastructure • Emergency services including firefighting, policing and land ambulance • Overall land use pertaining to the region’s or municipality’s “Official Plan” and potential amendments to the plan • Rezoning applications and minor variance submissions • Municipal transit services • Social and community health services • Garbage collection and recycling programs • Issuance of building permits • Parks, pools and public recreation facilities
Role and Structure of Municipal Government The following outline is a general structure for both a municipal government and regional government. Each municipal or regional government may divide individual responsibilities slightly differently, depending on their own resources. Mayor and Council Local government is divided into two primary roles. The first is the political or policymaking role. The second is the administrative role, which is responsible for the day-to-day operations of the municipality. Political Role Most urban municipalities consist of a mayor or a reeve and elected representatives, known as either councillors or aldermen. Every member of council is now elected for a period of four years. Prior to the 2006 municipal elections, the term was for three years. Elections across Ontario are held on a fixed date, the second Monday in November. The next municipal election will be in November 8, 2010. 2008 REALTORS® Guide to Municipal Government
In most areas of the province, municipal politicians work part time. Only larger municipalities have full time councillors. The mayor is the political head of council and, in many municipalities, may be the only full-time member of council. However, he or she only has one vote, just like each of the councillors. The mayor votes only in the case of a tie. The mayor can best be described as the chief executive officer of a municipal corporation. The mayor’s major responsibilities are to chair all council meetings and to lead council in initiating or resolving broader municipal issues. Mayors ensure that once council decides an issue, city staff implement council’s decisions. Councillors can best be described as the policy makers of the municipality. In a private corporation, they would be the directors of the board. Councillors are expected to meet with and listen to citizens about specific municipal issues. Councillors work with the mayor and city staff to address issues arising from constituents and to provide overall direction to city staff. They also address issues of policy and potential new ideas to strengthen the municipality. There are two types of municipal councils: Ward System: In the ward system, council is comprised of a specific number of councillors (anywhere from 6-44), with each elected to represent a specific geographic area (just like a provincial or federal riding) called a “Ward”. Varying by municipality, there may be one or two councillors elected to represent each ward. At-Large System: In the At-Large system, council is also comprised of a specific number of councillors like the ward system. However, rather than representing a specific geographic area in the municipality, they are elected on a town or city wide basis.
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Administrative Role
Committees of Council
The Mayor is not “in-charge” of the civil service or bureaucracy – that responsibility falls to the Chief Administrative Officer (CAO) for dayto-day issues. Under the direction of the CAO, municipal staff implements the policies passed by council. Staff is responsible for both capital and operating expenditures, which have been determined by council. Staff also is responsible for by-law administration and enforcement. City staff is also expected to take on responsibility for implementing provincial and federal laws, which affect the municipality and local government.
Most municipal councils operate under a system of committees. These committees meet on a regular basis to determine particular direction with respect to the area they are responsible for. In general, committees meet to review in more detail the potential direction of council. Two types of committees are formed and appointed by council. The first are committees made up entirely of members of council. Examples of these include:
Council Meetings Once elected, the council must establish a schedule and a location of regular meetings. The public business of the municipality is conducted at these meetings. Although there is no legislation regarding the number of meetings to be held within a year, almost all municipalities have council meetings occurring either weekly or bi-weekly. The fiscal year of all municipalities in Ontario runs from January to December, and council meetings are set based on this time frame. All council meetings are open to the public. Council will hear delegations and receive staff reports. They also receive applications regarding matters that cannot be dealt with by staff. Some of these include:
• The Executive Committee – deals with the week-to-week financial expenditures and approvals • The Finance Committee – responsible for the creation of the municipal budget for the upcoming year • Planning Committee – reviews potential zoning applications and official plan amendments The second type of committee is that to which council appoints members of the public, along with councillors. These may include: • The Library Board – responsible for the overall functioning of the library system within a municipality including operations and the budget • The Transit Commission – responsible for the overall functioning of the transit system within a municipality
• Adopting by-laws
• The Hydro Commission
• Official Plan and Official Plan amendments
• The Parks and Recreation Committee
• Committee of Adjustment – responsible for all minor land use issues and decisions (but not • Development permits (unless delegated to staff ) zoning changes) •B usiness license permits (unless delegated to staff) • Heritage Committee – reviews applications • Zoning by-law amendments
• Passing policy resolutions • Hiring senior municipal officers (i.e. the CAO)
which may impact a building that has historical significance in a community
• Authorizing the prosecution and defense of lawsuits • Authorizing contracts (except those delegated to staff ) • Authorizing certain expenditures
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Municipal Staff and Departments Chief Administrative Officer The Chief Administrative Officer (CAO) heads up the civil service of a municipality. The CAO is the senior corporate officer and all municipal staff is under their authority and direction. A CAO is responsible for leading the senior management team, which includes department heads such as planning, engineering, parks and recreation, finance and fire. They also have responsibility for all staff through the human resources department.
The clerk is a valuable asset that is often overlooked in the municipal process. The clerk can help boards identify the procedure to pursue an issue through council and let boards know when opportunities arise to endorse or object council direction. Of all department heads, the clerk should be the individual REALTORS® and boards know on a first name basis. Some of the clerk’s responsibilities include: • Administrative and secretarial services to council and committees • Maintenance and preservation of official minutes, by-laws, agreements and corporate records
The CAO is the individual who reports directly • Circulation of development application notices to council and to the mayor. In the event that a (rezoning applications require a public meetdepartment head is better equipped to respond to a question or concern from a council member, the ing process which gives residents living within a certain distance of the proposed development the CAO defers to that individual. The CAO also enright to present and speak to the development.) sures that council’s strategic plan, policy decisions and motions are implemented. These include: • Administration and implementation of municipal elections • Capital and operating expenditures as set out in the budget • Coordination of lawyers’ letters regarding building and property compliance • By-law administration and enforcement • Administration of provincial and federal laws affecting local government.
• By-law enforcement
Department Heads
• Issuing licences (e.g. marriage)
Department Heads are responsible for a particular area of operations of the municipality. They report directly to the CAO and are part of the senior management team. They also form part of the Executive Committee, which is generally the most powerful of all committees. Departments include city clerk, corporate works and finance, public works and engineering, parks and recreation, planning and economic development.
• Maintain vital statistics such as births, deaths and marriages
City Clerk The City Clerk is the official keeper of the records for the municipality. The clerk attends council meetings and is responsible for ensuring that proper procedure is followed at council meetings. The clerk is also the person who prepares council agendas and is the person to speak to when seeking to make a presentation to council.
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• Municipal parking control
Corporate Works and Finance This department head is responsible for managing the financial affairs of the municipality. They ensure that the financial management and the information technology activities are conducted properly and that they report to council on a regular basis. Financial responsibilities include: • Budgets • Taxation • Accounting • Insurance • Supplies and Services • Information Technology
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Public Works and Engineering Often, the head of this department is an engineer. The responsibilities of this department are focused on the hard services such as roads, sewers and water lines.
and commercial developments be set aside for parkland. Municipalities may accept cash-inlieu or have different requirements, depending on the specific Master Plan policies for parkland in the community.
This department is important when a new development is proposed or an infill project is being considered. The chief engineer will make recommendations on potential development based on existing sewer and water capacities. If the existing infrastructure does not require upgrading or new installation, it is much easier to get a positive recommendation for a development.
The department will also enforce the site plan (once passed by council) regarding any new development. It is critical to have this department engaged and onside when working through any zoning or land use issue at council.
• Repair and maintenance of roads, sidewalks, storm sewers, streetlights, parks, municipal property, and water courses
Planning and Building
The following responsibilities fall within this department’s purview:
• Upkeep of all municipally owned facilities including arenas, museums, community centres This department is not concerned about planand cultural facilities ning or zoning issues. Rather, their concern is focused on ensuring that current infrastructure • Direct and indirect recreational programs will work or providing cost estimates if new work is necessary. The estimated cost of a new develop- • Maintenance of all parks and recreational facilities such as community pools, baseball and ment can often make or break an application. soccer facilities Additional responsibilities include:
• Major capital projects including road construction, park and trail development • Traffic engineering • Waste management collection and recycling Parks and Recreation This department is responsible for recreation and culture services, a very important component of most peoples home buying decisions. It represents in a large part the “public relations” component of the municipality.
This department has the most significant impact on city or municipal growth. The department head is responsible for the municipality’s Official Plan and the Zoning By-law. The Official Plan (OP) is the document which outlines the strategic direction in which a municipality should grow. The Zoning By-law implements the strategic direction of the Official Plan, by outlining the specific uses allowed on each parcel of land.
When applications for rezoning are submitted to a municipality, they start in this department. Boards should be familiar with the department and the individuals who work there. Whether it be a rezoning application for a new subdiviWhen large residential and commercial develop- sion or an issue such as a side yard setback at the ments are considered, this department evaluates Committee of Adjustment, a positive relationship the proposal from a recreation and beautificawith the people in this department is critical to tion perspective. For example, is a new park successful applications. required within the residential development? Their responsibilities include the following: What type of landscape beautification is re• Implementing the policies of the Official Plan quired to ensure that a new commercial develand Zoning By-law, including land use and comopment will be an attraction? munity development such as housing, commerThe Ontario Planning Act normally requires cial and industrial development, transportation, that 5% of land for proposed residential developments and 2% of land for proposed industrial community design and resource management 2008 REALTORS® Guide to Municipal Government
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• Building permit applications
Municipal Decision Making Process
• Inspection of building and plumbing systems during construction
Council Meetings
Council meetings are required to be held in public, except those which deal with specific matters as outlined in the Municipal Act – legal The Planning Department also acts as the coordi- matters, issues dealing with property owned by nator with all other departments and agencies, the municipality, municipal human resources (i.e. such as the fire department, conservation austaff issues), and municipal labour negotiations. thorities, the Ministry of Municipal Affairs and These issues will be discussed “in-camera” – often Housing, etc. to receive their input on proposed discussions that take place prior to a public coundevelopments as required. cil meeting beginning. • Landscape architecture and urban design related matters
Economic Development This department is responsible for the attraction and retention of businesses to a municipality. It works closely with business to give them a “one window” approach when dealing with the municipality. To convince a business to relocate requires a significant amount of work, time and attention. It is also important for the department head to be knowledgeable about the business life in a community. PAC members who spend time getting to know the department head can become a catalyst in representing the views of the real estate community. Often this department is not as effective as it could be because the department head has not had time to keep up to date on the latest trends within an industry. In this department, information about the current state of an industry and its future trends is critical. REALTORS® and boards can be a valuable resource on real estate and development issues.
A council meeting can be a confusing process for those who are not familiar with it. Typically, a meeting will begin as a “Council Meeting” as defined under the Municipal Act – this can be considered the “formal” part of the meeting. The Mayor acts as chair, wearing the chain of office, and does not take an active part in debate. To begin, council will approve the agenda, review minutes from the previous meeting, and hear deputations and public presentations. Generally, municipal staff does not actively participate in this portion of the meeting. Once this is complete, council will likely begin sitting as “Committee of the Whole”. There is no formal way to determine if this has occurred, other than by the type of business council is discussing, and the fact that the Mayor will likely remove the chain of office and participate more actively in the discussion, in addition to acting as chair.
Both councillors and staff participate during “Committee of the Whole.” Staff, represented by the department heads, present their reports • Business recruitment, retention and site selection to members of council and seek direction with • Corporate visitation programs respect to projects, policy or work which requires council approval. • Small business development This department’s responsibilities include:
• Industry seminars and workshops • Market research and assistance • Domestic and international marketing • Event planning • Tourism promotion
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Towards the end of the meeting, council will likely return to the formal “Council Meeting” process, where the mayor puts on the chain of office again. At this point items such as by-law reviews, notices of motion by councillors of items they wish to have addressed at future meetings and adjournment are dealt with.
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Public Meetings Public meetings are not to be confused with council meetings under the Municipal Act. In order to hold a public meeting (generally to deal with a specific issue), council must provide public notice. For example, public meetings are often held to determine specific land use changes. Public meetings can be held on nights different from the council meetings, but in some cases may be held in addition to a council meeting. Using a rezoning application as an example, the first order of business for a public meeting is for the clerk to briefly highlight the issue at hand. The applicant, those in favor, those opposed and the department head of planning have the opportunity to present their views to council for consideration.
This will help you understand the process, judge the general mood of the council with respect to development, learn about possible objections and develop an understanding of the direction the planning department is taking.
How Council Works As mentioned earlier, council meetings are held on regular dates agreed to at the beginning of a new year. The meeting schedule becomes official when council endorses and votes on it.
Once set, councillors are expected to attend all regularly scheduled meetings. In most municipalities, council meetings are held at the beginning of a week, either Monday or Tuesday. Meetings are held in council chambers at the town or city hall. In some municipalities, council meetings are Throughout the public meeting, councillors may ask questions of any of the presenters regarding the covered via television by the local cable station. application. During the public meeting process, The mayor is the chair and is responsible for only those who have made a formal presentation to council are allowed to present their opinions on the agenda and the formal proceedings. Robert’s the issue. Questions or comments by observers or Rules of Order are the guidelines for the meeting and are enforced by the mayor or the clerk. last minute presenters are usually not allowed. Councils are also free to determine their own Councillors have the opportunity to present their rules with respect to meeting processes. Often opinion when the report from staff is presented. municipalities use different methods to work This can occur on the same day when council through the meeting process. When visiting or goes back into Committee of the Whole to review, presenting to a council, it is helpful to review the discuss and determine the direction they will take meeting guidelines ahead of time, allowing you on the issue. It may also occur at a later meeting. to remain focused on your presentation rather This can be a very contentious process, especially that the order of events. if the public meeting is dealing with a controverThe CAO and department heads are required to sial issue. The more information and facts that a councillor has on the issue, the better they can attend council meetings in order to present their understand the application. A complete, simple, issues to council and the public. Department heads are also present to respond to questions straightforward presentation always has the best from council members on particular issues perchance of success. taining to their department. Applicants need to respond to residents’ concerns Reports from individual departments are presentor meet with those who object to the potential ed to council either through written documents development well in advance of a public meetdistributed to council members in advance or ing to encourage support and diffuse criticism. through a formal presentation to council. After Councillors are swayed by voters and the more resistance they see to a proposed change, the more each report is presented, the mayor will ask for a motion from the floor. Once a motion to approve likely they will vote against the development. or disapprove the report has been moved and REALTORS® preparing for a public meeting seconded, discussion on the issue can begin. should attend a number of earlier similar ones. 2008 REALTORS® Guide to Municipal Government
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At this point councillors may ask questions of department heads or to the CAO regarding the issue and indicate their views. When all members of council have had a chance to speak the motion will be read and voted on.
presentations have resulted in decisions by council being reversed or new initiatives introduced.
present to council must make application to do so at least a week in advance of the meeting.
• Notice of Motion – Councillors are permitted to move a notice of motion on any issue that may or may not be related to a municipal issue. The opportunity to present the notice is usually one of the last items on the agenda. The councillor must present the notice of motion in writing and must read the notice to council. The notice of motion is not voted on, but can now be debated at the next council meeting. It is at the second meeting that the mover of the motion may speak to it first, in terms of explanation, and can also be the final speaker to the motion, after all councillors have had the opportunity to speak.
(Note: These deputations are not done in conjunction with a planning or rezoning application. When a public meeting is held regarding this issue, there is time allocated to individuals, companies or organiDuring this process, council members do have the right to seek a deferral or a referral to staff for zations that may be impacted by the application.) more information on the issue. It is important to Councillor Presentations note that when a councillor moves this type of Elected councillors have numerous opportunities motion, it is not debatable. Often the public is led to believe that a decision has been made when throughout a meeting to speak to an issue or a motion. Generally speaking, individual councilin fact the deferral simply moves the report off lor’s presentations occur in three ways. the agenda for another evening. • Speaking to a motion in “Committee of the Deputations Process Whole” – councillors have the opportunity to speak to a motion and to ask questions of staff Although Committee of the Whole takes up a and fellow councillors. This first opportunity large part of the agenda each meeting, it is not has a time limit of ten minutes and is enforced used when deputations or presentations are made by the mayor. Once a councillor has spoken, to council or (for example) when a formal land they do have one more opportunity to speak to use issue is presented to council. the motion once all other members of council When a member of the public speaks to council, have done so. The time limit on the second they do so while council is in session. Deputaoccasion is generally agreed to be about five tions are very straightforward in terms of presenminutes and is supposed to be for speaking tation, yet they are very formal in terms of proonly, not for questions to staff. cess. An individual or organization who wishes to
The applicant must meet with the city clerk’s department to seek approval of their presentation and must leave a copy of their presentation for formal acceptance by council and to enable the clerk to respond to public inquiries. Most councils have guidelines in place regarding the length of the presentation, acceptable behavior and language and how many times an individual can present on the same issue to council. At the conclusion of the presentation, only council members can ask questions of the presenter. All questions from the public are responded to through the city clerk’s office. These presentations can be an effective way to deliver your message to council. Local media regularly cover council meetings. Individuals who present strong arguments are often quoted or reported on in the media. It can be a very strong public relations tool when used effectively. Good 2008 REALTORS® Guide to Municipal Government
• Questions to presenters during deputations or public meetings – councillors may question any person or group making a formal presentation to council as either a deputation on a public issue or a deputation during a public meeting regarding a zoning change.
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Staff Reports Reports from staff to council are presented in writing, with a verbal report from the department head when it is presented to council with a recommendation. Reports come to council from staff for two reasons: • Request from Council – Councillors often ask for reports on particular issues that have been raised by constituents. During Committee of the Whole, councillors may request reports from staff. If a majority of council supports the request, staff is obligated to accept the request and report back to council on the issue.
Once the report has been presented to council and a motion to approve has been passed, it can then be drafted into a by-law, which is subsequently presented for first reading to council. Once a by-law is passed first reading, it can then be moved through second and third reading. After council approves the by-law, it comes into effect once the mayor and the city clerk sign it. It can now be enforced. Although the process may seem somewhat redundant, it does allow council to ensure that it has decided with due diligence.
• Request from Staff – All departments spend time preparing reports to council concerning decisions that require the approval of council. Examples include capital expenditures, approval of a successful Request for Proposal, Official Plan amendments, and non-budgeted expenditures. These reports can be the most controversial because they can be expensive decisions not budgeted for or controversial because they require by-law enforcement. PAC committees should review weekly council agendas in order to provide a quick response if there are issues which will negatively impact their members. Agendas for council meetings are generally available on the municipality’s web site the day of a meeting or can be picked up at the City Clerk’s office the morning of a council meeting. How By-Laws are Developed By-laws are as much a part of municipal life as a listing agreement is in real estate. By-laws are the result of work completed by a council or a department and become the recorded direction on a particular matter. By-laws work in much the same way as provincial legislation. Initially a by-law is introduced via a report to council. For example, if the engineering department presents a report to council regarding the disconnection of residential downspouts from the municipal storm sewer, it must be formalized in a by-law. Without the official by-law, the municipality has no legal ability to enforce it.
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WORKING WITH YOUR MUNICIPALITY Roles for PAC Members It is important to meet with and develop a relationship with the mayor and members of your local municipal councils. In order to facilitate these relationships, you should consider assigning PAC members to cover local and community activities. Suggested “job descriptions” include: Local Liaison Officer
REALTORS® can supply solutions to real estate related problems and improve community life. • letters • phone calls • personal visits • invitations to attend committee meetings or board functions • sponsor a civic function
• monitor local government activities, including • organize round table meetings with local local and regional council meetings, for issues councillors and the mayor affecting real estate, economic development or • attend events hosted by your councillor or mayor issues affecting REALTORS® (e.g. sign bylaws). • encourage member participation on municipal •d evelop and communicate REALTOR® posicommittees and advisory boards. These are tions on local issues and present those positions normally posted in local newspapers, and city when meeting with local councillors and the clerks also have them available mayor or reeve. • get on the mailing list of local politicians • develop and maintain relationships with local elected officials through regular meetings both Media: Keep the media well informed of your individually and as a committee. Councillors board’s position on real estate issues and position and the mayor should have a clear understand- your board as a well-informed source for soluing of your issues and concerns. tions to various issues. • co-ordinate board activities related to involve• news releases ment in local election campaigns. • invite local media to meet with you, to explain which issues you are tracking and focusing on Community Liaison Officer for the upcoming year • establish and maintain ongoing relationships • provide regular articles for publication with groups such as : • publish monthly MLS statistics - Chamber of Commerce - Business Improvement Association (BIA) • call talk shows or interviews to publicize - Home builders’ association your issues - Local ratepayer’s organizations • write letters to the editor • report on their activities and communicate General Public: Provide the public with inforREALTOR® positions to them mation about local municipal bylaws and city • co-ordinate your lobbying efforts with council planning issues that affect them. such groups • use media to distribute information and to drive key messages
Suggested Activities
The following outline some suggested activities for the local PAC to take with the key groups of importance to REALTORS®.
• develop a speaker’s bureau or organize town hall meetings for the public, identifying key issues which are being worked on at the local level
Politicians: Strengthen political liaison with municipal representatives in order to demonstrate that
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Working with Stakeholders: It is important for your board to work with other community organizations. Chambers of commerce, builders associations, housing associations and the banking industry are stakeholders that can be good partners with local real estate boards.
Election Roundtables: TREB makes it a priority to be active during election campaigns. In the 2006 municipal elections, TREB hosted three separate forums for TREB members to interact with the top mayoral candidates. Sessions were held with Toronto incumbent Mayor David Miller, challengers Jane Pitfield and Stephen LeDrew, and eight mayoral candidates from various York Region municipalities. Each session allowed TREB members to hear the platforms of the candidates and then pose questions on real estate issues.
When issues arise, working with these stakeholders can strengthen the board’s position. Local councils and municipal staff will be in stronger position to act if they know that support for an issue is widespread. This type of partnering also gives the organization an understanding of where other stakeholders stand on issues and the opporIn many smaller communities, this type of electunity to influence their perspectives. Partnering tion event would produce some very positive and promoting common objectives is all a part of media. If a partner in the media is available, it working toward a positive result. would give your local board some very positive public relations. For example, TREB’s 2006 elecCase Studies tion forum with Toronto Mayor David Miller was covered by local broadcaster CityTV, and PAC Committee Roundtables: The Toronto Real TREB’s forum for top York Region mayoral canEstate Board’s (TREB) Government Relations didates was covered by local print media. Committee regularly holds informal roundtable meetings with politicians and senior bureaucrats, Supporting Member Candidates: Other election usually from the local level. The guest is usually actions can include supporting REALTORS® runselected based on a position they may hold on an ning for office. TREB proactively asks members issue of interest to the board. who are running to notify TREB. Once notified of a members’ candidacy, TREB’s government reOver the last few years, the committee has lations committee and board of directors consider hosted numerous guests including local MPPs, the candidate’s eligibility to receive a campaign mayoral candidates, the city budget chief, chief contribution. In addition, TREB publicizes the administrative officer, and the Toronto Urban members’ candidacy to fellow members. In the Development commissioner. The committee 2006 municipal elections, a record 17 TREB plans ahead of time to prioritize issues that will members notified TREB they were running for be discussed with the guest. The meetings are municipal office. purposefully kept informal, which facilitates a frank and open discussion. Regular Mailings: Every month TREB sends out a mailing to Toronto councillors that includes a The Peterborough and the Kawarthas Assocopy of TREB’s statistical publications, Market ® ciation of REALTORS (PKAR) government Watch and Commercial Watch. Many politicians relations committee meets 9 times per year. They appreciate receiving this detailed information, as regularly invite municipal guests to discuss local it helps them understand economic conditions issues. As a result, municipal officials often conwithin their wards. Councillors are also sent coptact PKAR for input when considering an issue. ies of TREB’s government relations publication, When appropriate, PKAR also makes an effort Legislative Update, which provides them with to congratulate the local government for a job details on TREB positions. well done on issues.
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Attending Council Meetings and Making Deputations: Some boards regularly attend meetings and makes formal deputations on issues of concern. For example, Peterborough and the Kawarthas Association of REALTORS® (PKAR) government relations committee ensures that the city liaison representative attends council meetings when an issue on housing or real estate is on the agenda. The liaison gathers information, prepares a report, and reports at the next government relations committee meeting for review, input and action if needed.
of issues and regularly communicating with them will help in terms of delivering your message and resolving issues.
Communicating with Municipal Officials
• They are not experts in your business. It took you years to acquire your knowledge of the real estate business. Do not expect them to have your familiarity with industry issues. Share your knowledge with them.
• Municipal Staff: It is important to bring your issues to these individuals as well. Politicians often rely on the recommendations of staff. Having staff informed and supportive will go a long way toward gaining political support.
Elected officials face special demands on their time, and work in an unusual atmosphere, and often have many factors that influence their views and thinking. So keep in mind these Presentations should be focused on issues that are simple points: part of the local board’s current government affairs strategy. Don’t comment on issues where the • They want to do a good job. Each of us wants board has little or no expertise. to do a good job, but we sometimes forget that this basic human drive applies to elected ofLiaison with Local Government Officials: The ficials too. Brampton Real Estate Board works with the offices of the local mayors to provide annual • They want to get re-elected. Like you, they “REALTOR® Workshops” for the benefit of like their job and want to keep it. Re-election their members. These sessions are held at the is public proof that they have done a good job. City Council chambers. They want to be associated with issues that will get them re-elected. PKAR also holds a yearly information session on • They want to be responsive. They are in the land planning. Held the first Friday of Februbusiness of pleasing people and sincerely want ary for the past eleven years, the session includes to accommodate you, but not at any cost. participation from both the city and county planner. The PKAR session also attracts local MPs and MPPs, mayors, councillors, homebuild- • Understand their agenda. It is important to determine the mayor’s and council’s agenda ers, the local chamber of commerce, and the for the next four years (they may be different.) Greater Peterborough Economic Development They also need to understand your agenda. Council. It is very well attended every year, and Doing this will make it much easier to find enables attendees to identify upcoming land use areas you can work on together to meet and planning activities. common goals or solve common problems.
• Mayor and Councillors: These elected officials are the closest to the ground. Meet with your councillor to get to know them - it will help when • They are busy. An elected official is public you need their assistance. Getting their support on property. At the municipal level, many of them issues is an important component of your success. also have full-time jobs elsewhere (along with families and other extracurricular activities.) It is also important to understand the direcEveryone wants a piece of their time. Their tion council is taking on various issues. Inviting workload is staggering. Do not waste their time. councillors to board events, keeping them aware 2008 REALTORS® Guide to Municipal Government
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•T hey have no accurate barometer of constituent thinking. Unless you communicate your opinions on an issue, they have no way of knowing how their constituents really feel. Communicate with them.
• Know your issue and be brief. REALTORS® are only one of many constituent groups within a community. Even the most supportive elected official doesn’t have the time for long phone conversations or long letters. A well-prepared, informative REALTOR® can present their case •T hey are elected to use their judgement. They in a short period of time. Follow up with adwant to consider constituent opinion - and they ditional information, if necessary. In all circumdo. However, in the final analysis, they must stances, politely but firmly find out whether the decide based on all available information. answer is “yes” or “no.” •T hey are concerned with numerous issues. Elected officials are confronted with many issues over the course of a year. They can’t possibly be familiar with the details of all of them.
• Be accurate, factual and provide solutions. Don’t just tell them that something will be good or bad for real estate. Make sure that the information you give them is concise, factual and up-to-date and that you have well thought out rationale for your position.
Communicating with elected officials usually takes place personally, over the telephone or in writing. The following tips will help you get your • Be understanding and thoughtful. Recognize that there are legitimate differences of opinion. message across in the most effective way. Show your elected official respect even if they don’t vote the way you want. However, make Personal Visits sure they understand that their decision to vote • Do your homework. Before your initial visit against your position will be made known to all with your elected official, find out about their members. Do not threaten, just inform. background, committee assignments, personal interests, etc. Read their biographies before the meeting. •E nsure that you contact municipal representatives directly. Very few municipal representatives have any paid staff (except the mayor.) When you contact them, you may be calling them at their residence. Explain your role at your board. Let them know you will be contacting them periodically on issues of concern to the real estate profession. Ensure that you choose a time to call that is convenient to them. First impressions are lasting. Be flexible on the date and time. Send them any pertinent briefing material in advance. •C oordinate with your team. If you are working with other REALTORS®, a coalition, etc. make sure you agree on your messaging and keep each other informed about what you are proposing to say and do.
• Prepare a briefing note to leave behind. Politicians meet with many people and it is not always easy to get them to remember what you met about or what your issue is. Leaving them a briefing note, which outlines the issue, provides a solution and indicates what you want them to do, will improve your chances for success. Thank them when they do express support for your position. Let them know that the constituents appreciate them and that you will inform others of their help and support. Telephone Calls • Ask to speak directly to the elected official. When you talk to your elected official or their assistant, identify yourself and tell them where you live. Politicians prefer to hear from constituents/voters.
• State the reason for the call. You should be knowledgeable about the issue and the REALTOR® • Be direct. Elected officials are aware they are accountable to you, their constituent. Be persistent position. Explain how the issue affects real estate and why you support or oppose it. However, in communicating your expectations. However, don’t be long winded or advance complicated be polite and realistic in your expectations. positions which are better done in writing. 2008 REALTORS® Guide to Municipal Government
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• Ask the elected official’s position and listen to their answer. If they are in agreement with you, express your thanks. If their position differs from yours, politely express disappointment. Avoid emotional arguments. Keep the conversation friendly and respectful. Thank your elected official for taking the time to talk to you. Letter Writing
• When decisions are made by council are “bad”, a meeting with the mayor and members of council should be requested immediately. The mayor and council members need to hear directly and in private why the decisions made by council are not beneficial to the municipality. • Redouble your efforts to ensure that council knows the board’s position on the issue before it comes to a vote.
• Be brief and confine yourself to the issue at hand.
• If city staff or council misrepresents your position, correct them, firmly but politely.
• Make sure the elected official knows that you are a constituent.
Public Statements Impacting the Profession
• When council members or senior municipal staff make positive statements about your issues or your profession, (e.g.- in a speech to the Chamber of Commerce), the local board should respond positively to the comments and ensure that the individual is aware that the sup• When you outline the issue, offer a proposed soport is appreciated. This can be done verbally or lution and what you would like the person to do. in writing. The support can also be shared with the media if desired. • If you want a written response, mention that in your letter. If no response is received within two • When negative comments are made, first ensure weeks, follow up with a phone call. that the comments were indeed made. If it • Explain how the proposed issue affects you personally and why you support or oppose it. Use facts and data to back up your position. These may available through local groups (e.g. chamber of commerce).
• Write the letter in your own style on your business or personal stationery. Make sure that your name and address are on both the letter and the envelope to encourage a response • Write the letter in a respectful manner. Thank the official for considering your views.
Responding to Municipal Decisions A real estate board can find itself having to deal with a variety of situations at the municipal level. The following ideas can help a local board respond in the correct manner. Council Decisions Impacting the Profession • When decisions are made by council that are positive for the profession, a press release and support letters should be issued to the media and council immediately. The board can build much goodwill with council by showing support for “good” decisions.
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is necessary to respond to the comments, do so firmly and immediately. Do not make you response personal. The focus should always be on the issues and why the decision or comment was incorrect. • Ensure that “correct” information is given to the person who made the negative comments and give them an opportunity to correct their comments before the board makes a public statement on the matter. Whether dealing with municipal issues, local boards should rely on the basic tactics of developing solutions, seeking meetings with officials, making presentations, understanding others positions, utilizing your partners, and working with the media. These are tactics, when applied consistently, will achieve results.
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Case Studies The following two case studies illustrate how the Toronto Real Estate Board applied some of the techniques discussed above to work with their municipal government to amend local bylaws affecting their members. Scarborough Sign By-Law In the early 1990s, the former City of Scarborough proposed an amendment to the sign bylaw that would have forced a one metre setback from sidewalks and a one metre setback from roadways for open house signs. As open house signs are approximately one metre wide, signs under the proposed amendment would have only been allowed on public boulevards that were three metres wide or greater, which would have effectively banned them in most parts of Scarborough. There was considerable political support behind this proposed amendment. However, as a result of Toronto Real Estate Board (TREB) lobbying, a TREB compromise of a 0.3 metre setback was accepted by council. TREB’s actions included the following: • Meetings with city officials • Deputations to Scarborough council • Written submissions to Scarborough council
more “real estate friendly” rules. The process of harmonizing these by-laws has been started and stalled a number of times by city staff. In late 2004, council brought forward another draft bylaw that would have had serious repercussions for TREB members. That draft by-law proposed to limit open house signs to weekends only, require a permit fee for open house signs, and require for sale signs to be removed within 48 hours after a property was sold. TREB mobilized quickly and was successful in having city councillors defer considering the proposals until staff consulted with TREB. TREB met with key staff numerous times throughout early 2005 to refine the bylaw. TREB also made presentations and written submissions to city council committees and met directly with city councillors. A revised version of the bylaw, which incorporated many of TREB’s requested changes, was ultimately approved in June 2005 and came into effect in September 2005. As a result of TREB’s efforts, the revised by-law allows open house signs on any day of the week (instead of just weekends), exempts real estate signs from requiring a permit, and allows for sale signs to remain for up to 30 days after a property is sold.
• “Call-to-Action” to members, encouraging them to call or write to Scarborough council • “Call-to-Action” to members requesting that they attend and make deputations at the Scarborough council meeting when this issue was considered. More than 100 TREB members attended this meeting, with many of them making deputations to council. City of Toronto Sign By-Law Harmonization Even after amalgamation in 1998, real estate signs in Toronto continued to be regulated by the six distinct by-laws of the former Metro Toronto municipalities. TREB continuously called on the city to harmonize these by-laws, which would reduce regulatory confusion for TREB members and would present an opportunity to implement
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MUNICIPAL MEDIA RELATIONS Media relations can play an important role in achieving the objectives of a political affairs program. Media relations are a critical component of OREA’s government relations’ activities. Having made representations directly to politicians, a discussion of those same issues in the media can do a number of things. First, the message to the politicians is reinforced; they are hearing the same message from a different source. This increases the chance of them understanding your point of view. Second, if your message is picked up by local media that means it has some credibility. Newspapers don’t print just any point of view. If your message is getting across in print that means editors have passed judgement on it. Getting your message into print considerably broadens the audience for REALTOR® views and potential support for your cause. The media reach far more people than you could ever hope to reach on your own. This is one of the reasons it is such a valuable tool. Finally, politicians care about what is being said in the media about them and their positions on issues. The media can be extremely influential in affecting how people view politicians, and they know it. Successful Media Relations There are three ingredients to successful media relations:
You can work on understanding how the media work and what they are looking for. As in working with any profession, if you understand something about how they approach their job, you can help them do their job and achieve your objectives at the same time. This following section will help you better understand media and how to deal with them. Additional material and advice about media relations can be obtained by contacting Bob McLean, OREA’s Director of Communication. The three elements of successful media relations are judging what is news, delivering the news, and handling the interview. Judging What is News Understanding what is and what is not news can give you an advantage in your media relations. Every day, editors receive literally hundreds of news releases. Most end up in the wastebasket because they are not news. If the items you bring to the attention of your media are consistently relevant to them and audiences they serve, then your news releases will capture the attention of editors. If you hound editors with items they judge are not newsworthy, then – just like the boy who cried wolf – they won’t hear you when you do have real news. So what is newsworthy in the eyes of journalists? The best way to learn what is newsworthy is to read, listen and watch your local media. Remember a few key points that are universal:
• News must be of interest to a broad audience. Think of your position or event in terms of • delivering a clear, concise and message whether it the average reader: will he care and if so, what aspects does he care about? If a government be print, radio or where possible television, and tax will hurt the income of REALTORS®, who • luck. cares but REALTORS®? If that same tax will increase the price of housing – that’s the angle Not much can be done to improve your luck. If of interest to a broad audience. war breaks out in Iraq the day you make your big announcement, you could easily be bumped off • Local editors are always looking for local angles. the front page and even out of the newspaper. Editors want to know how the provincial budOn the other hand, if it is a slow news day, your get will affect the local economy, or how the story could run with greater prominence than hurricane in the U.S. Midwest will affect the you hoped for. demand for local crops. • understanding how the media work and what they are looking for;
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• Timing is critical. There is nothing older than someone who can provide more information. yesterday’s news. There is no sense telling an In addition, that person must be available just editor about an event that happened last week. after the release is issued. In addition, if an editor contacts you for com•W rite, edit and rewrite. It takes longer to write ment on a breaking story, he won’t be interested short and succinctly. Spending the time will be in hearing from you tomorrow, after you’ve had worthwhile. Read your release critically; rewrite time to think about it. This holds particularly it; read it again; sleep on it; read it; rewrite it. true for radio and TV, however, in local markets Give it to someone else to read and edit. many papers are weekly and bi-weekly, so there • Write clearly and simply. Skip the adjectives. remains an opportunity – just make sure the Stick to the facts. Use short sentences. information remains timely and current. What happens next? • Prominent people are news. Comments by community leaders or by outside authorities – especially head of organizations – are respected. If those comments are on issues of local concern, they will probably be reported. Delivering the News You’ve identified an item you believe to be news. How do you get it across to the media?
• Deliver it to all media. Make sure every news media outlet in your area gets a copy. Include all newspapers, radio, television and cable television stations. • Deliver it on time. Make sure everyone gets it at the right time. • Follow up.
• If the release has gone to a reporter: When a release is issued it is important to ensure that it has been received and is clear to the potential reporter working on your story or issue. A direct phone call to the reporter confirming The best method, in most circumstances, is the news they have the release can be an important part release. This is a communication editors understand of getting a story written. The follow up call best because it is written in a journalistic style. should be quick and to the point. Do not reA good news release reads just like a good news examine the story, this call should be viewed a story. It contains real news, written in an “invertcourtesy call. ed pyramid” style that puts the most important • If the release has gone to an editor: If your information at the beginning of the story. release is sent directly to an editor, based on There are occasions when a simple telephone call to an editor or producer makes the most sense. At other times, a news conference is in order, although it is rarely necessary.
Most news stories (and good news releases) succinctly tell the basics of the story in the first sentence or paragraph. This first paragraph, or lead, must be short: ideally no longer than four typed lines. The lead should tell the reader the five W’s and an H: who, what, when, where, why and how. The balance of the news story should fill in detail. Some tips on writing news releases:
the volume of releases and inquires received by editors, a follow up call should not be placed. If they want to use your release or assign it to a reporter, they will; if they need more information, they will call you. Work to ensure that the editor has all required information and a time frame for sending the release has been determined in advance.
• Keep it short. The most successful news releases – • Post-release follow up. If you are concerned those that are most likely to be picked up – are the about why a release was not used, ask for an appointment with the editor to discuss it several short ones. Ideally, just one double-spaced, typed days later. Approach it with the attitude of finding page in length; never exceed two pages. If editors out what the editor is looking for in the future. need more information, they will contact you. • NEVER demand coverage. There is no quicker •A lways include a contact. Every release must way to lose the respect of journalists than to include the name and telephone number of 2008 REALTORS® Guide to Municipal Government
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insist your release be run because your board or • Don’t say too much. Keep your responses president thinks it’s important. Media are under focused on the points you want to make. If you ramble and wonder off topic, you are inviting absolutely no obligation to use your news rethe reporter to choose which of your comments lease. Whether they do so or not depends upon to use; you probably won’t like their choice. a number of factors, but most importantly, it depends upon how newsworthy your item is • Admit you don’t know. If you are asked about compared to all the other news items an editor something you don’t know, say so. In addition, has for his next issue. offer to find out, if you can. Media relations is a long term and ongoing com- • Watch for traps. Leading questions or quesmitment. The success of your media relations tions that begin with “would you say...” are program must be measured over the long term, dangerous. Respond to them, but be careful. not on whether one release was used. If you keep Awkward silence is also a reporters’ trick to get at it and consistently present clearly written and you to talk more on a subject than you may newsworthy items, your board will build a prowant. Watch for it. fessional reputation with the media. • Never say “no comment.” If you don’t want to talk about a certain subject, say so. In addition, The Interview explain why. “I’d rather not talk about that Your news release has been delivered and it has because I am not familiar with that area.” It is piqued the interest of an editor. The reporter is much better to explain why you are uncomforton the line and wants more information. Alterable talking about the question. natively, a story has just broken and media are looking for a comment from you. How do you handle the interview? Your approach to dealing with journalists should be the same as dealing with any other professionals. The relationship should be built on mutual respect.
Sometimes, you might be asked to comment on a proposal or something someone else has said. If you are not entirely comfortable with responding immediately, you don’t have to. If you want to respond but aren’t ready, you can do the following:
Some tips on interviews:
• Ask the reporter for some more information about the issue.
• Be polite and helpful. Journalists have a job to do. When they call, they are asking for your help in getting it done. Let them know you’re trying to help.
• Tell the reporter you need to become a little more familiar with the issue, ask what their deadline is, and respond within that time frame.
• Respect deadlines. News is a fast-paced business. Reporters can be working on deadlines as close as minutes away, especially in radio. When they call, they are asking for help NOW. If you can’t help right away, tell them so – don’t waste their time. If you think you can help later, tell them when that will be and they will tell you if it will be useful to them.
• Collect your thoughts. Figure out what you want to say ahead of time. Keep it factual and avoid emotional responses. Often, it is these emotional responses which get the “sound bite” but they are also the ones which we most regret the minute we have made them.
• Know what you want to say. This is easier if the interview has been scheduled or if it is in response to your news release. Before the interview, write down the three to five key points you want to make. Whatever the questions asked of you, make your points.
Reporters are generally professionals trying to do the best job they can of accurately and objectively reporting the news. As a potential news source, you can help.
• Repeat your points. Come back to your three to five key points throughout the interview. 2008 REALTORS® Guide to Municipal Government
• Follow the steps outlined above for conducting the interview.
Most reporters are not out for blood. They will be skeptical and sometimes cynical, but they will be fair if you treat them with respect. Page 20
SUMMARY Municipal government affects many aspects of a community’s growth and daily activity. This manual has focused on how a community is affected by the day-to-day activities of municipal governments. More specifically, the manual outlines how decisions made by your municipal government can have a significant impact on REALTORS® and the real estate market. The manual also gives real estate boards (and in some cases individual board members) the knowledge needed to represent their interests at the municipal level. Real estate boards and individual REALTORS® can play a key role in improving the quality of life in their municipality. If you have questions, comments or suggestions regarding any topics covered or those not covered please contact OREA. Your input into this manual is important as it will continue to grow in the coming years.
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NOTES
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REALTOR速 is a registered trademark of REALTORS速 Canada Inc., a company owned equally by the Canadian Real Estate Association and the National Association of REALTORS速 and refers to registered real estate practitioners who are members of The Canadian Real Estate Association. Printed November 2008