Heinrichs -The Consulter's Conceit

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    THECONSULTERSCONCEIT

    HOW PHONY PUBLIC CONSULTATIONS UNDERMINE DEMOCRACY AND THE MARKET

    BRIANNA HEINRICHS

    SEPTEMBER 26, 2013

    KEY POINTS

    Public consultations aim to discover public

    preferences, but seldom consult representative

    samples.

    Consultations generally consider only those options

    that are presently describable, whereas innovations

    in the market place are often completely unforeseen.

    Special interest groups have the ability and incentive

    to dominate the public consultation process.

    In the market place people constantly use prices

    to weigh up the value of dierent options, but

    consultations do not deal well with trade-os.

    Cities should rely less on planning by consultation

    and allow development to take place through the

    market, which allows people to have a direct input

    proportionate to their level of investment and risk.

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    LACK OF COMPLETE

    INFORMATION ON WHICH

    TO BASE DECISIONS

    IS A CONDITION SO

    BASIC TO HUMAN LIFE

    THAT IT INFLUENCES

    THE STRUCTURE OF

    ALMOST EVERY SOCIAL

    INSTITUTION.

    Anthony Downs, 1957

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    Since implementing the engage! Policy in 2003, visioning and public engagement exercises

    have been fashionable at Calgarys City Hall. The purpose of a consultation is to engage with

    others and receive knowledge and advice. The City of Calgary states that it makes better

    decisions when it consults with citizens and stakeholder groups (City of Calgary, 2003).

    Following is a table listing some of Calgarys recent public consultations.

    SECTION I:

    INTRODUCTION

    Write on the walls*. Eat a cookie. Marvelat the view. Ponder the funny boardroomnames. Youll have a blast.

    *Yes. With dry erase markers. Its incred-ible. Youll feel like youre ve years old!

    But you wont get in trouble and we wontsend you to your room (City of Calgary,

    n.d.a).Have you ever attended one of The Citysmany public engagement events andthought to yourself, Wow this event couldreally use some LEGO bricks?(Hall,2013)

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    6

    Over 18,000 citizens participated in

    imagineCALGARY, culminating in the Citys

    Plan for Long Range Urban Sustainability. The

    project asked Calgarians ve questions:

    What do you value about Calgary?

    What is it like for you to live here?

    What changes would you most like to see?

    What are your hopes and dreams for the next100 years?

    How can you help make this happen?

    The City boasts that imagineCALGARY

    represents the largest community visioning and

    consultation process of its kind anywhere in the

    world (City of Calgary, 2013a).

    Subsequent public consultations were to

    be aligned with the goals and vision of

    imagineCALGARY. Plan It Calgary focused

    on setting out a long-term direction for

    sustainable growth to accommodate another 1.3

    million people over the next 60 years, and the

    consultation engaged over 6,000 Calgarians in

    public hearings, open houses, round table talks

    and workshops to discuss the transit system and

    urban development (City of Calgary, 2013b).

    Another city-wide consultation was Our City.

    Our Budget. Our Future. This resulted in

    Calgarys 2012 to 2014 business plans and

    budgets. The project reportedly included more

    than 23,000 participants in its engagement

    TABLE 1 - SAMPLING OF CALGARY CONSULTATIONS

    CONSULTATION STATED PURPOSE NUMBER OF PARTICIPANTS DATES

    imagineCALGARY Create a long-range urbansustainability plan for Calgary

    18,000 January 2005 to 2006

    Plan It Calgary Plan to accommodate another 1.3million people over the next 60 years

    6,000 2007 to 2009

    RouteAhead Create a strategic plan for transit inCalgary

    4,000 Spring and summer2012

    New CentralLibrary

    Identify key expectations and prioritiesfor libraries

    16,500 June to October 2012

    Our City. OurBudget. Our Future.

    Development of business plans, budgetand priorities for 2012 to 2014

    23,000 Winter/spring 2013,(Web site launchedJune 2012)

    $52-million/Dragons Den

    Decide how council should use$52-million in tax room vacated by theprovincial government

    Over 10,000 Spring 2013

    Multi-family

    Recycling Strategy

    Review three potential recycling service

    options

    Ongoing Launched fall 2011

    Continue theConversation

    Learn how to make it easier for citizensto provide input into City decisions

    Ongoing/370 responses to surveyquestion

    Launched early 2012

    TransformingPlanning

    Design and deliver a high-performanceplanning system for Calgary

    Ongoing Launched June 2012

    8th Street SWImprovement

    Develop a Public Realm Master Plan forthe 8th St. SW Corridor

    Ongoing/200 at March 20, 2013Open House

    Launched September2012

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    process. The City advertised in several places,

    including Facebook, local news Web sites and

    public transit. The electronic newsletter list

    reached 2,012 contacts (Dialogue Partners,

    2011).

    The Continue the Conversation project takes

    a fresh look at how Calgarys consultations

    take place so that the City can improve

    its engagement process and make it more

    accessible. Calgarians are encouraged to ll out

    surveys, participate in live or tweet chats and

    provide input through a discussion forum or by

    calling 3-1-1 (City of Calgary, n.d.b).

    The City also recently launched Transforming

    Planning, a project that engages industry,

    communities and citizens in revising the Citys

    planning system, in order to build a vibrant,

    prosperous and sustainable city for everyone

    (City of Calgary, 2013c).

    PLANNINGAND THEKNOWLEDGE

    PROBLEMSection 632(1) of Albertas current Municipal

    Government Act requires that municipalities

    with a population greater than 3,500 adopt a

    development plan (Province of Alberta, 2010).

    The Act gives city councils the broad authority

    to control development, make decisions about

    infrastructure and establish fees for licences,

    permits and approvals.

    City planning is believed to be essential. The

    rationale is that if cities are not carefully

    planned and their development is constrained

    by only market forces, cities will become

    inecient and chaotic. Some worry that proper

    infrastructure will not be developed in time to

    support a growing population and that lower-

    income communities will suer if resources are

    not distributed fairly. People are concerned that

    without planning and regulation, urban sprawl

    will do unacceptable environmental damage.

    However, small, central groups cannot possibly

    plan well or make good decisions on behalf of

    a large group of citizens. This is because of the

    knowledge problem.

    The knowledge problem, as Friedrich Hayek

    put it, is a problem of the utilization of

    knowledge which is not given to anyone in its

    totality (1945). In other words, no single mind

    or small group of minds has all the details or

    knowledge necessary to organize a society at

    least not in a way that will be in everyones best

    interests (Hayek, 1945).

    Like most cities, Calgarys current planning

    regime depends on a small number of people

    making decisions for a much larger number

    of people. Calgarys population was 1,096,833

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    8

    people in 2011 (Statistics Canada, n.d.), and

    its Planning Commission consists of two

    administrators, two council members, six

    citizen members and two sta (City of Calgary,

    2012). The Planning Commission makes

    recommendations to City council on land-use

    planning matters, and it acts as Approving

    Authority on all subdivision matters and

    Development Authority on some development

    matters (City of Calgary, n.d.c).

    The Citys Planning, Development and

    Assessment (PDA) department seeks to fulll

    Calgarys vision for a great city by stewarding

    the creation, redevelopment and valuation of

    vibrant, sustainable communities by dealing

    with land-use planning and policy as well as

    development and building approvals (City of

    Calgary, 2013d). The Citys PDA department

    currently consists of 740 core sta and 83

    contingent employees (City of Calgary FOIP[Freedom of Information and Protection of

    Privacy] Oce, personal communication, June

    11, 2013).

    In an attempt to mitigate the knowledge

    problem, City planners consult with

    stakeholders and citizens to gain knowledge of

    their needs and preferences.

    When community involvement is emphasized

    in the urban planning process, this is

    participatory planning and can fall under

    the theory of deliberative democracy.

    Amy Gutmann and Dennis Thompson see

    deliberative democracy as

    a form of government in which free and

    equal citizens (and their representatives),

    justify decisions in a process in which they

    give one another reasons that are mutually

    acceptable and generally accessible, with

    the aim of reaching conclusions that are

    binding in the present on all citizens but

    open to challenge in the future (2004, p. 7).

    Gutmann and Thompson explain that some

    deliberative democrats believe more direct

    participation by ordinary citizens in policy-

    making is the best or only way to foster values

    such as mutual respect. Furthermore,

    [g]reater participation not only gives more

    citizens the chance to enjoy the benets

    of taking part in deliberation, it also canhelp develop the virtues of citizenship,

    encouraging citizens to consider political

    issues in a more public-spirited mode

    (2004, p. 30).

    Seen in a positive light, participatory planning

    is a mutually benecial endeavour. Planners

    gain knowledge and make better policy

    decisions, and citizens become educated

    and more public-spirited in the process.

    Furthermore, it satises the democratic right

    of people to be involved in decisions aecting

    their lives.

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    PURPOSE OFTHIS REPORT

    Winston Churchill said:

    No one pretends that democracy is

    perfect or all-wise. Indeed, it has been

    said that democracy is the worst form of

    Government except all those other forms

    that have been tried from time to time; but

    there is the broad feeling in our country

    that the people should rule, continuously

    rule, and that public opinion, expressed

    by all constitutional means, should shape,

    guide, and control the actions of Ministers

    who are their servants and not their

    masters (1947).

    Democracy may be the best system of

    governance we have, but public consultations

    may do more to amplify the imperfect parts

    of democracy than to enhance the good.

    Looking deeper into the mechanics of public

    consultations reveals aws in the process that

    are logically impossible to overcome.

    Important questions Calgarians need to askthemselves include the following:

    Do public consultations help to keep

    governments in check and ensure politicians

    are servants and not masters?

    How well do the City of Calgarys visioning

    exercises and community consultations

    reect what Calgarians want from

    development?

    First, this paper will discuss the mechanics

    of facilitating meaningful and equitable

    consultations in Calgary and elsewhere. It will

    then consider some alternatives if people were

    to determine that the Citys current methods for

    planning a city are inadequate or inappropriate.

    DEMOCRACY MAY BE

    THE BEST SYSTEM

    OF GOVERNANCE WE

    HAVE, BUT PUBLIC

    CONSULTATIONS MAYDO MORE TO AMPLIFY

    THE IMPERFECT PARTS

    OF DEMOCRACY THAN

    TO ENHANCE THE GOOD

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    10

    To learn whether organizing a city through

    consultations is reasonable, one must look at

    who is consulted and whether the groups are

    representative of the greater population. The

    number of participants and their backgrounds

    and motivations all aect the ndings of a

    consultation.

    NUMBER OFPARTICIPANTSMunicipal election voter turnouts in Calgary

    ranged from 19.8 per cent to 53.2 per cent

    from 2001 to 2010 (Alberta Municipal Aairs,

    2012). People are encouraged to vote, because

    government decisions aect them regardlessof whether they vote or not. The percentage

    of people who can or do participate in public

    consultations is much lower.

    For example, only 18 people responded to an

    online poll seeking feedback from businesses

    and property owners on proposed changes to

    Calgarys on-street parking rates (Howell &

    Zickefoose, 2013).

    On the other hand, the imagineCALGARY

    project boasts about having more than 18,000

    participants. Still, in a city of one million

    people, this means not even 2 per cent of

    Calgarians participated in creating a shared

    vision for our city and a detailed plan for howto get there (City of Calgary, 2013a). The

    imagineCALGARY targets drive development

    plans and regulations aecting 100 per cent

    of Calgarians, not merely the 2 per cent who

    participated.

    In practice, the vast majority of the population

    cannot take a direct part in public deliberations,

    due to the impossibility of nding a forum

    where millions of participants can have their

    say about the countless decisions that aect

    their lives (Pennington, 2010, p. 165).

    SECTION II:

    WHO ISCONSULTED?

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    Given that not everybody can participate

    directly in every decision a government makes,

    most democratic governments work by electing

    a smaller number of representatives. Similarly,

    people who attend public consultations become

    representatives of the wider population,

    since not everyone attends or can be involved

    (Pennington, 2010, p. 165).

    One can neither avoid nor ignore the possibility

    of inaccurate representation. For example, a

    person who is neither low-income nor female

    will have trouble representing the perspective

    of a low-income female (Pennington, 2002,

    p. 165). Consultations run the risk of certain

    groups of people or perspectives dominating

    the process, intentionally or unintentionally.

    For example, Robert E. Goodin and Julian Le

    Grand argue that the middle class is more likely

    to try to inuence policy, because its members

    have greater faith in their power to change their

    environment. They also have more resources

    and are more articulate than is the working

    class (1987, p. 153). This is a problem, because

    however dispassionate [members of

    the middle class] may be, or however

    much they may perceive their interests

    as lying outside those of the middle

    class, it is unlikely that they will be able

    completely to overcome the eects of

    their background or of their current

    social status (Goodin & Le Grand, 1987,

    p. 153).

    MISREPRESENTATION

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    12

    SPECIAL

    INTEREST

    GROUPS

    Members of the middle class may be unable

    to represent those of dierent backgrounds,

    but most of the middle class is likely not

    represented properly in consultations, either.

    When members of the public act as participants

    in central decision making, more-specialized

    interest groups have an advantage. Tounderstand the dierence between a small,

    organized group and the unorganized public,

    consider a disciplined, coordinated army taking

    an undisciplined, leaderless mob by surprise

    (Olson, 1971, pp. 128-29).

    Special interest groups have dierent

    motivations to participate in the political

    process. One example of how powerless the

    political majority can be in the face of an

    organized, motivated minority is the infamous

    taxi cartel. In city after city, a small number of

    taxi licence holders maintain a monopoly on

    taxi services at the expense of other voters.

    It happens this way: A taxi company can

    become rich by getting the government to

    establish a cap on the number of taxi licences.

    Such a policy restricts new taxi drivers from

    joining the industry as the population grows,

    resulting in a taxi shortage (Seymour, 2009). In

    Calgary in 2011, the people who owned the taxi

    plates brought in $300,000 a week by renting

    them out for $200 each per week to drivers

    (Seymour, 2011). Meanwhile, consumers pay

    more to ride because of the taxi shortage, and

    potential new taxi drivers who cannot obtain a

    plate must seek work elsewhere.

    Such a policy signicantly benets those

    running the taxi industry. Because the

    regulations make them wealthy, they have an

    incentive to see that the regulations remain

    in place, and they are willing to invest their

    time and resources to maintain the policy. On

    the other hand, though members of the public

    would benet from seeing the regulations go,

    they would spend more time, money and eort

    organizing against the taxi empire than they

    would save if they were successful in their

    eorts.

    An individual member of a large, latent groupdoes not have an incentive to voluntarily push

    for the large groups goal when he will not in

    any case be decisive in seeing that the group

    goal is achieved, and when he would be as likely

    to get the benets from the attainment of the

    goal whether he had worked for its attainment

    or not (Olson, 1971, p. 129).

    Because it is hard to solve this free rider

    problem in a large group, where small groups

    with common interests are concerned, then,

    there is however a surprising tendency for the

    exploitation of the great by the small (Olson,

    1971, p. 3). Often the public is not even aware of

    policies in place that support special interests.

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    It should be clear that a consultation on the

    issue of taxi regulation would have unbalanced

    dynamics, and similar dynamics spill into

    consultations on other policy topics.

    Lobbyists are eternally on the job, (Olson,

    p. 128) and consumers and the public are

    disadvantaged because they constantly need to

    protect their interests on all fronts. We should

    expect that when individuals decide to join a

    consultation, some among them would have

    motives and preformed groups that would give

    them an advantage over the average constituent.

    THE SAMPLE

    SELECTION

    DILEMMA

    Organizers of citizen engagement initiatives

    have two basic options when inviting public

    participation: They can advertise and allow

    individuals to self-select, or they can take active

    recruitment steps (Ryfe, 2005, p. 51). Choosing

    a representative sample may mean having to

    reject people who would like to be consulted,

    but allowing self-selection may not produce arepresentative sample.

    Citizens of Calgary typically self-select for the

    Citys engagement programs, as participation is

    not compulsory. Citizens can learn how to get

    involved through the Citys Web site and other

    advertising.

    David Ryfe notes that a passive recruitment

    method usually produces a snowball sample,

    that is to say, interested individuals recruit from

    their social networks, and these individuals

    recruit from their social networks, and so on,

    until the group is composed (2005, p. 51).

    Consider the special interest group Bike Calgary.

    It states on its Web site, We work with other

    cycling and active transportation organisations

    as well as with the City of Calgary to shape

    policy and implement projects that benet

    Calgarians who ride bicycles (Bike Calgary,

    n.d.).

    Calgarians who are unable to or do not

    commute by bicycle may see transportation

    needs dierently from members of Bike

    Calgary, but Bike Calgary can mobilize and

    coordinate its members to show up at relevant

    City consultations. The City will not turn peopleaway; this would be seen as undemocratic.

    Even if the City could reject people on the basis

    that the group would cease to be representative,

    how would the City know beforehand what

    a person represents? The very reason that

    cities consult with citizens is that they do not

    know where citizens stand. Therefore, the City

    would be unable to avoid the potential over-

    representation of special interest groups at its

    consultations where citizens self-select.

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    14

    CONSULTATIONS

    ARE BIASED

    TOWARDS

    BIGGER

    GOVERNMENT

    A possible defence against the

    misrepresentation charges and the low

    participation rate is that consultation must

    simply be tried harder. The excuse is that if only

    more people were brought into the process, the

    sample would become more representative.

    However, providing additional opportunities

    may only succeed in supplying additional

    chances for special interest groups to gain

    access (Pennington, 2002, p. 61).

    Those in favour of the consultation model may

    further argue that people who do not take the

    initiative to give feedback cannot complain

    about the results that aect them. However,

    this seems to imply that people only have rights

    to the extent they are able to defend them

    through consultative processes.

    Gutmann and Thompson argue, for most

    people, the freedom not to spend a major part

    of ones time deliberating about politics is part

    of what it means to live the life of a free citizen

    (2004, p. 31).

    Public consultations are biased toward

    government activity. Government initiates

    them, and they generally occur when

    government would like to take some kind of

    action. People who want to see government

    intervention, therefore, have a natural

    advantage in consultations, and, ironically,

    those who desire government to stay out of

    their neighbourhood must get involved in

    politics to avoid political intervention.

    The City recently launched a consultation with

    the intention of developing a multi-family

    recycling strategy. However, residents of multi-

    family dwellings, such as apartments and

    condominiums, can already drop o recyclables

    at about 50 community recycling depots, and

    a number of companies provide collection

    services (City of Calgary, 2013e).

    The Blue Cart service, $7.40 a month in 2013,

    is not optional for single-family residences

    (City of Calgary, 2013f). Just as residents of

    single-family dwellings may have disliked the

    imposition of the Blue Cart program, residents

    of multi-family dwellings may dislike the

    government taking control of their recycling

    practices.

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    PUBLIC

    INTEREST

    VS. SELFISH

    MOTIVES

    Some people may carry an assumption

    that people involved in representation or

    consultation are basing their actions upon

    achieving what they believe to be in the public

    interest.

    People seek government regulations because

    of market failures, situations where if

    each person acts according to self-interest,

    everybody ends up being worse o than if they

    had all acted in a more centrally coordinated

    way (Friedman, 2004, p. 7).

    However, it is important to recognize that the

    consultation process and the private market

    both rely on human nature. Consultations are

    not an antidote to self-interest, but rather a

    dierent medium for it. Public consultations

    may serve vested interests as much as or even

    more than private market interactions would,

    because people who will benet personally

    from government regulations are more likely to

    attend public consultations.

    The alternative to an unregulated private

    market is not wise and benevolent regulators.

    The true alternative is another kind of market:

    the political market, a collection of people

    interacting under the rules of democratic

    politics, each, just as in the private market,

    trying to achieve their own objectives

    (Friedman, 2004, p. 11).

    ...IT IS IMPORTANT

    TO RECOGNIZE THATTHE CONSULTATION

    PROCESS AND THE

    PRIVATE MARKET

    BOTH RELY ON

    HUMAN NATURE.CONSULTATIONS ARE

    NOT AN ANTIDOTE TO

    SELF-INTEREST, BUT

    RATHER A DIFFERENT

    MEDIUM FOR IT.

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    16

    SECTION III:

    CHALLENGESIN GROUPDYNAMICS

    Section II highlights problems with

    consultations based on the composition of

    the groups consulted. But even if a group

    were representative of Calgarys entire

    population and were seeking the public

    good, in comparison with the private market,

    the consultation process is an ineective

    mechanism to receive and process peoples

    knowledge.

    Citizens are intelligent and can participate

    in Calgarys development in many ways, but

    the structure of public consultations provides

    incentives for people to remain rationally

    ignorant or rationally irrational.

    Moreover, people are often guided when giving

    their input, partly because they are not experts

    in the consultations topic. But the validity

    of making laws based on consultation results

    depends on the participants independence.

    In public consultations, people are not

    eectively encouraged to make calculated

    decisions, because they are not paying a direct

    cost for them. Consultations, therefore, have

    more diculty handling trade-os than does

    the private market.

    Even if people were knowledgeable of the

    trade-os and costs involved, communicating

    and explaining preferences in a consultationcan also be dicult. People may not even know

    their own opinions until confronted with a real

    situation, and people do not know what will

    occur in the future.

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    THE

    DILEMMA OF

    QUALIFICATIONS

    A concern with the public consultation process

    stems from the specialist nature of the topics.

    Typically, people are not experts in the

    consultations topic. This leads to a further

    dilemma for municipal consultations: To what

    extent should the publics input be guided and

    interpreted by experts, and to what extentshould experts yield to the publics desires?

    By their very nature, public consultations

    value the opinions of the public because they

    are members of the public. Yet, transport

    engineering, for example, is a large and

    complex body of knowledge where experts

    have an advantage over lay people. Combining

    public and expert opinion presents a dicult

    challenge, when one opinion or the other has to

    prevail.

    Former B.C. Liberal leader Gordon Gibson once

    remarked, I would never ride in an airplane

    designed by a citizens assembly. They are not

    qualied to do that kind of thing (Cayo, 2013).

    If conclusions reached by members of the

    public were binding on city council, the

    outcomes have the potential to be damaging

    to the city. This is because most Calgarians are

    not, by trade, urban planners or developers.

    On the other hand, dogmatically putting expert

    opinions rst would defeat the purpose of

    public consultation.

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    18

    RATIONAL

    IGNORANCE

    Public consultations carry with them an

    incentive to be rationally ignorant. Rationalignorance means that a rational person will

    ignore a decision when the eort required to

    be informed is greater than the value of getting

    the decision right. Anthony Downs writes

    that ignorance of politics is not the result of

    unpatriotic apathy; rather it is a highly rational

    response to the facts of political life in a large

    democracy (1957, p. 147).

    Learning all there is to know about any given

    topic in order to provide valuable input may be

    noble, but rational people do not invest more in

    a task than they will gain. The rational ignorance

    of consultation participants is largely the result

    of doubt that their contributions will be taken

    seriously.

    When Our City. Our Budget. Our Future.

    asked respondents why they did not look for

    information about the Citys 2013 to 2014

    business plans and budget, some verbatim

    responses suggested how strong apathy about

    the consultation really was. One responder

    wrote, what does it matter? They will do

    what they are going to do without me. Another

    response was, I have no control over it so I have

    little to no interest in it (City of Calgary, 2012).

    A Continue the Conversation survey question

    asked respondents how they wanted the City to

    demonstrate that their input in consultations

    was heard. The options included a community

    newsletter, the Citys Web site or a Community

    Association presentation (City of Calgary, n.d.d).

    Showing the participants input was valued

    through the actual policy decisions made was not

    listed as an option.

    Mark Pennington asserts that a rationally civic

    minded person may be better o spending time

    and eort where her own contribution can have

    a demonstrable eect by helping an elderly

    neighbor, for example, rather than trying to

    become politically informed (Pennington, 2000,p. 119).

    J. Barry Cullingworth agrees that people may

    withdraw from the engagement process because

    participation is a sham. L. Christiansen-

    Ruman and B. Stuart (as cited in Cullingworth,

    1984, p. 6) muse that because expert opinions

    dominate the process, this domination may be

    the telling blow that sends the once edgling

    convert to participatory democracy back to

    apathy. Yet, as noted earlier, if expert opinions

    do not prevail, a group unqualied to plan a city

    could lead it to disaster.

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    RATIONAL

    IRRATIONALITY

    Despite needing to invest time or eort in

    gaining knowledge, most people do hold

    opinions on political and policy questions.

    Because no decision-maker can aord to

    know everything that might possibly bear on

    his decision before he makes it (Downs, 1957,

    p. 145), individuals take information shortcuts

    when developing their views. They typically

    rely on some subset of information to make a

    judgment and discard the rest of the relevant

    information.

    Researchers have found this process at

    work in every level of choice making.

    Research on mass opinion shows that

    citizens make snap judgments on the basis

    of party identication, their liking fora candidate, group aliation, personal

    ideology, media frames, elite cues,

    perceptions of likely winners and losers,

    and a host of other cues (Ryfe, 2005, p. 55).

    Bryan Caplan further developed rational

    ignorance into the counterintuitive theory of

    rational irrationality. He argues that people do

    not change their minds once they are convinced

    of a political position, even after they are

    presented with the facts. He says that people

    get a psychological benet out of believing the

    world is the way they like to see it. Moreover,

    carrying unpopular beliefs often makes a

    person unpopular, so people choose to believe

    what their friends do (2007, pp. 100, 115).

    Downs argues that people are rational in

    choosing not to become informed, and Caplan

    argues that rational people (those people who

    maximize their happiness) will similarly choose

    not to discard cherished beliefs. He writes,

    If ignorance were the sole cause of error

    [y]0u could x any misconception with enough

    facts. A few thought experiments show how

    implausible this is (2007, p. 101).

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    20

    GUIDED

    CONSULTATIONS

    An important moral consideration is that

    factors such as ideology or the media may

    inuence the reasoning of consultation

    participants. In the same way that it would be

    wrong for a jury to make its decisions based on

    emotional pleas and biased data, conclusions

    reached by guided consultations are not

    trustworthy. The appropriateness of Calgarys

    citizen engagement initiatives is contingent on

    the independence of the participants.

    The imagineCALGARY consultation

    involved the City putting forward ideas to

    guide thinking. These were the concepts

    of sustainability, the Melbourne Principles

    to provide a sustainability lter, systems

    thinking theory, the human needs framework,and the community asset-based approach

    (2013a, p. 186). Similarly, Plan It Calgary was

    grounded in principles of SMART growth

    and sustainability principles for land use and

    mobility (City of Calgary, 2013b).

    Regarding Calgarys chief planner, Rollin

    Stanley, City manager Owen Tobert said,

    We need someone whos strong-minded,

    has leadership capabilities and is persuasive

    in arguments, and I think weve found such

    a person in Rollin (Markuso, 2012). A city

    seeking citizen input should not need to hire

    people persuasive in arguments unless there is

    an agenda involved. Democratic governments

    are meant to serve the public, not manipulate it.

    Civil servants and members of the government

    have the right to share their views, but they

    must also allow people to disagree with them.

    Canadian Home Builders Association president

    Charron Ungar made critical comments about

    the Citys planning and suggested there was a

    suburban development freeze in place. In

    response, Calgarys Mayor, Naheed Nenshi,

    suspended the Association from City Hall

    proceedings and sent a reprimanding letter

    to Ungar demanding an apology (Zickefoose,

    2013).

    People questioned whether the actions taken

    were appropriate. Richard Truscott, director of

    provincial aairs for the Canadian Federation

    of Independent Business, said, That

    [behaviour] sends a very worrisome signal in

    our mind about their approach working with

    external groups (Zickefoose, 2013).

    If stakeholders get punished for providing

    feedback that the City does not want to hear,

    the City is denying itself potentially valuable

    insight from citizens and stakeholders the

    very thing it supposedly desires.

    Cullingworth writes, There is a real conict

    of view between those who see the inquiry in

    narrow terms and those who refuse to accept

    predetermined battle lines (1984, p. 8).

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    UNLIKE THE ADVICE GIVEN IN

    CONSULTATIONS, DECISIONS MADE IN

    PRIVATE MARKETS INVOLVE PEOPLE

    PAYING A DIRECT COST FOR THEIR

    ACTIONS, SO PEOPLE WILL NATURALLY

    REASON DIFFERENTLY.

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    22

    SPREAD-OUT

    COSTS AND

    TRADE-OFFS

    Because the costs associated with public

    consultation decisions are spread out among a

    large number of people, people in consultations

    often fail to consider or address trade-os and

    can simply state what they want.

    Unlike the advice given in consultations,

    decisions made in private markets involve

    people paying a direct cost for their actions, so

    people will naturally reason dierently.

    Consider that a broad range of sizes and types

    of televisions are available in the market. It is

    easy (or rational) for people to say they desire

    a bigger and higher-quality TV, but people still

    buy smaller and lower-quality TVs, due to price.

    If people buy cheaper TVs, they will have money

    left over to spend on something else. They pay

    the entire cost of their decision themselves.

    RouteAhead is a plan for transit development in

    Calgary, and its rst phase included extensive

    public engagement. On July 20, 2012, someone

    suggested, [m]aking transit cheaper, buses

    should run more often (City of Calgary, n.d.e).

    While it is easy to understand why both cheaper

    transit and more frequent buses are desirable,

    addressing both of these desires simultaneously

    is not so simple. Running buses more often costs

    more money, but how does the transit system

    get more money if they make transit cheaper?

    This is merely one example of how people may

    accidentally leave trade-os out of the equation.

    Similarly, Beckerman (as cited in Pennington,

    Sustainable Development and British Land-

    use Planning, 2006, p. 79) notes that the

    insistence of some environmental activists that

    irreplaceable assets should be conserved, as

    a matter of principle, requires that increases

    in living standards be sacriced in order to

    maintain the absolute integrity of habitats and

    ecological systems.

    Limiting suburban development to conserve

    land is a signicant trade-o when housing

    prices rise because of high land prices. High

    housing costs hurt low-income people the

    most. Peter Shawn Taylor writes, Density

    requirements limiting access to new green eld

    suburban developments are meant to articially

    push up the price of existing single family

    homes under a planning doctrine known as

    Smart Growth (2013).

    Pennington asserts that this deep greenview is unlikely to nd support from those

    still lacking access to the benets of economic

    growth. Notably, a City that enforces this view is

    making people adhere to a particular worldview

    something fundamentally at odds with the

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    stated emphasis on public participation, local

    control and the acceptability of diverse views

    (2006, p. 79).

    But, if asked whether one would like land to be

    conserved, most people would likely answer yeswithout realizing that their response may be used

    to justify higher housing prices, which may or may

    not aect them. Even if consultation organizers

    are not guiding results, they cannot be sure

    participants understand the implications of their

    suggestions.

    NEEDS VS. DESIRES

    In the case of consultations, people are typically

    asked about spending decisions where the

    cost will be spread across a much wider range

    of people than the individual or consultation

    attendants. Consultations typically ask people

    hypothetical questions such as Would you like

    this? or What would be your preferred method of

    transportation?

    Saying what one wants is helpful to a point, but

    making a purchase or private transaction is a more

    useful signal to others of what people actually want

    and need and is realistically an option. The market

    eectively determines needs, while consultations

    determine desires.

    The risks of policies are not concentrated on the

    individuals who are engaged in consultations.

    That is to say, they are not held responsible if the

    City implements bad policies. If people were held

    responsible, they would be less likely to participate

    in the policy-making process a telling sign that

    perhaps consultations should not be held in such

    high regard.

    Discussion participants on the Citys Web sitecan remain anonymous, and the Transforming

    Planning privacy policy states, Workshop

    participant comments and feedback provided

    directly to Transforming Planning will remain

    unattributed (anonymous) (City of Calgary,

    2013g).

    If one can anonymously give feedback, citizens will

    not know who is advocating for certain policies,

    and there is a lack of ownership and accountability.

    Gutmann and Thompson see deliberative

    democracy as a process requiring citizens to

    justify their actions or decisions, but anonymous

    opinions, not justications, are usually being

    sought.

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    24

    COMMUNICATION

    DIFFICULTIES

    Even if people are aware of the trade-os involved,

    it is still dicult for them to properly communicate

    their values to each other. An individuals

    knowledge of the kinds of things he or she wants

    may not be conveyed properly in verbal form

    (Pennington, 2002, p. 52).

    Consider the statement I love you. Anyone who

    replies, How much do you love me? is usually

    teasing. Some values and sentiments are beyond

    the English language. In a market place, people can

    choose products and places for reasons that they

    cannot articulate. A person may prefer chocolate ice

    cream to cherry cheesecake, but giving a waitress

    justication for the decision is not worth the eort.

    Consultations can only deliver or explain the

    describable.

    Policies based upon verbalized descriptions will

    have questionable results when consultations such

    as imagineCALGARY ask questions such as What

    is it like for you to live here?

    In the private market, prices and the amount people

    are willing to pay serve as a signal of value. People

    value the same things dierently at dierent times.

    For example, Kirk may be willing to spend $7 for

    a sandwich in the middle of his workday, but if

    he leaves work early the next day, he may only be

    willing to spend up to $5 on the sandwich, because

    he is not yet too hungry and can eat something else

    at home.

    Prices serve a purpose beyond relieving people of

    their money; they are a communication mechanism

    within society. When something goes up in price,

    people know there is a demand for it. When

    something loses its value and becomes cheaper,

    people value it less or too much of it is being

    supplied. Prices are more easily able to express

    trade-os and value than are government-run

    consultations.

    THE FUTURE

    AND INNOVATIVESOLUTIONS

    Sometimes people cannot share input simply

    because they do not know what they would want or

    would do. Economist Thomas Sowell writes:

    I might think that, if faced with the stark

    prospect of bankruptcy, I would rather

    sell my automobile than my furniture, or

    sacrice the refrigerator rather than the

    stove, but unless and until such a moment

    comes, I will never know even my own trade-

    os, much less anybody elses. There is no

    way for such information to be fed into a

    computer, when no one has such information

    in the rst place (1980, p. 218).

    Planners and those participating in surveys or

    consultations are working with existing knowledge,

    but they are unsure of what the future looks like

    and how they will respond.

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    Many consumers love the iPhone, but no one

    was demanding iPhones before Apple invented

    them. Once confronted with the option of buying

    an iPhone, consumers realized their desire for

    the product and re-evaluated their original

    opinions.

    Imagine if 100 years ago, consumers dictated

    and regulated what the development of the

    telecommunications industry would be and

    discouraged experimentation. Now, we are

    envisioning Calgary over the next 100 years and

    making our development plans accordingly. One

    hopes that 100 years from now, cities planned

    by consultations are not the equivalent of rotary

    phones.

    Something may be invented soon, or knowledge

    will be obtained that will change development

    options and the current understanding of the

    land-use problems faced. Moreover, if a person

    were to innovate, this would likely take place

    within the private market where prot is a

    possibility.

    CONSULTING ON

    CONSULTATIONS

    The consultation process is an inadequate

    mechanism to receive and process peoples

    knowledge. The City apparently wants to learn

    how to improve the process and make it easier

    for more citizens to give input, so it launched

    Continue the Conversation. But the City begs

    the question when learning through its public

    consultation process how to improve its public

    consultation process.

    The City of Ottawa also held public consultations

    to learn where and how the public wanted to be

    consulted. David Reevely noted ironically, [The

    City of Ottawa] will be relying on its usual means

    with an online survey planned for the citys

    ottawa.ca website and four evening sessions

    (2013).

    PEOPLE ARE EFFECTIVELY DECLARING EVERY

    DAY THROUGH THE PRIVATE MARKET WHAT

    THEY LIKE AND WHAT IS PRACTICAL FOR THEM

    THROUGH THEIR CHOICES AND PURCHASES.

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    26

    SECTION IV:

    IS PLANNING BY

    CONSULTATIONAPPROPRIATE?

    Whom the government consults and how a consultation process receives feedback aect the valid-

    ity of a consultations outcome. Questioning the validity of consultation results is important, because

    policies made as a result of the ndings have the potential to do harm.

    Participating in public consultations should not be seen as automatically virtuous, despite the City

    encouraging everyone to get involved. Consultations cannot achieve consensus, but if they could,

    subjective matters achieved by consensus should not be imposed on others. Consultations can restrict

    the choices available to consumers as well as their ability to decide what is right for them. Moreover,

    participating in consultations may simply give a government the perceived legitimacy it needs to do

    what it wants.

    CONSENSUS AND

    SUBJECTIVITY IN

    PUBLIC CONSUL-

    TATIONSPublic consultations like to discover majority

    opinions or even consensuses, but using consul-

    tations to achieve a consensus is futile, because

    there is no consensus in a population of one mil-

    lion people.

    If a community was to pursue a particular course

    of action based on a perceived consensus or ma-

    jority opinion and it turned out to be a big op,

    greater harm would result than if a variety of

    actions were attempted. We are not a smart city if

    we put all of our eggs in one basket.

    Moreover, majority opinions shift. For example,

    in the second half of the 1900s, people argued

    that the market process did not lead to a proper

    geographical division of functions that is to

    say, housing, leisure, work and shopping were all

    mixed together. A division was seen as desirable,

    and people believed planning towns as a whole

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    was needed to see their vision come to fruition

    (Davies, 2002, p. 20).

    This very mix of functions within a city is what

    many people are advocating for now, yet they

    believe deliberate government action is needed to

    provide walkable cities or sustainable growth.

    Regardless, some matters do not concern every-

    body and should not be regulated by government,

    because the types of development that constitute

    an improvement in the quality of life are subjec-

    tive.

    People have dierent preferences and priorities.

    Some people may prefer to raise their family in

    Cochrane and drive into Calgary for work every

    day; others prefer to live in an apartment down-

    town and walk to work.

    In many cases, consultation participants are

    merely trying to impose their tastes on others.

    Nevertheless, in democracies, citizens are allowed

    some privacy and independence. Consultations

    serve no practical purpose, however, if they only

    show that everyone has a dierent opinion.

    Ironically, an imagineCALGARY target is [b]y

    2036, 100 per cent of Calgarians report that they

    feel respected and supported in their pursuits of

    meaning, purpose and connectedness, and thatthey extend respect and support to others who

    meet this need in ways dierent from their own

    (City of Calgary, 2006, p. 94).

    MORAL RIGHT TO

    PARTICIPATE

    At least one theorist questions whether public

    participation is always right and moral, even

    when the topic concerns the greater public. In The

    Ethics of Voting, Jason Brennan challenges the

    folk theory that any vote in good faith is morally

    acceptable and that each citizen has a civic duty to

    vote (2011, pp. 1-3).

    People argue that voting, regardless of how a

    person votes, tends to preserve stable democracy,

    yet when the public fails to vote, this destabilizes

    democracy (Brennan, 2011, p. 21). It may be that

    citizens engaging in elections or public consulta-

    tions are doing more harm than good, especially if

    the outcomes of the process in which they engage

    has greater ramications than they are aware of.

    Arguably, it is irresponsible to impose decisionson others, especially when one is not informed

    about the decision.

    Brennan writes, Even though individual votes

    almost never have a signicant impact on election

    results in any large-scale election, I argue that this

    does not let individuals o the hook. Individual

    voters have moral obligations concerning how

    they vote (2011, pp. 2-3).

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    28

    WHAT IF THE

    GOVERNMENT

    DOES A BAD JOB?

    If public consultation results do not accurately

    convey the needs and interests of the public and

    the government makes poor decisions, the costs

    are spread among the entire city and mistakes

    may not even be realized. There is no institution

    competing with a governments attempts at

    city planning; there is nobody to provide an

    alternative that may be better. Citizens must

    take what they get or leave the city. Monopolies

    can be harmful, but competition encourages

    better performance.

    In the private market, consultations are kept

    in check by the fact that actors in the private

    market face competition, and the public is

    not bound to the private decisions of others.

    If a consultation is done poorly, the people

    who carried it out will be unsuccessful in

    their initiatives. Moreover, those conducting

    market research may have results that are more

    accurate because they do not face the same

    obstacles that politicians do.

    THERE IS NO

    INSTITUTION

    COMPETING WITHA GOVERNMENTS

    ATTEMPTS AT CITY

    PLANNING; THERE IS

    NOBODY TO PROVIDE

    AN ALTERNATIVE

    THAT MAY BE BETTER.

    CITIZENS MUST TAKE

    WHAT THEY GET OR

    LEAVE THE CITY.

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    CONSULTATION CAN RESTRICT

    CHOICES IN THE MARKETPLACE

    Public consultation and participation may bring

    with it connotations of inclusiveness and the

    ability of all people to have a hand in shaping their

    destinies and ensuring sustainability. However,

    the downside to public consultations is that

    they can be used to justify rules, regulations and

    expenditures that remove choices from citizens.

    The Citys Municipal Development Plan

    (MDP) seeks to guide Calgary toward the

    imagineCALGARY vision (City of Calgary, 2009,

    p. 1.6). The MDP has led to a wide range of

    strategies, goals and policies that restrict the

    choices Calgarians have when it comes to land use.

    They are summarized in table form in the MDP

    (overleaf).

    ...[T]HE DOWNSIDE TO PUBLIC CONSULTATIONS

    IS THAT THEY CAN BE USED TO JUSTIFY RULES,REGULATIONS AND EXPENDITURES THAT REMOVE

    CHOICES FROM CITIZENS.

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    30

    No. Core Indicators Metric Baseline 60-year

    target

    1 Urban Expansion Per cent of populationgrowth accommodatedwithin developed area(2005 boundary area)

    In 2005, the developed areaof the city was losing 5 %of population to greeneldarea.

    50%

    2 Density People per hectare In 2005, Calgary had apopulation density of 20people per hectare.

    27

    Jobs per hectare In 2005, Calgary hademployment density of 11

    jobs per hectare.

    18

    3 Population/JobsBalance

    Population/Jobs East/West Ratio

    In 2005 the population/jobs East/West Ratio was2.7

    1.7

    Population/Jobs North/South Ratio

    In 2005 the population/jobs North/South Ratiowas 1.9

    1.7

    4 Mix Land Use Land Use Diversity Index In 2008, land use mix diversity index was 0.53

    0.7

    5 Residential Mix Residential Diversity Index In 2008, residentialdiversity index was 0.19.

    0.4

    6 Road and Street Infrastructure

    Roads to Streets ratio 0.72 (42% Roads and 58%Streets)

    0.57 (36%Roads and

    64% Streets)

    7 Accessibility toPrimary TransitNetwork

    Per cent of populationwithin 400m of PrimaryTransit Network

    LRT is the only transitservice approaching

    Primary Transit levels ofservice in Calgary today

    45%

    Per cent of jobs within400m of Primary Transit

    Network

    LRT is the only transitservice approaching

    Primary Transit levels ofservice in Calgary today

    67%

    8 Transit Service Annual transit service

    hours per capita

    9 Goods Access Per cent of intermodal and warehousing facilitieswithin 1600m (actual) of

    Primary Goods MovementNetwork

    Currently, 73% ofintermodal andwarehousing facilities arelocated within 1600m of

    Primary Goods MovementNetwork

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    10 TransportationMode Split

    Walking and Cycling ModeSplit (all purpose trips, 24hours, city-wide)

    In 2005, walk and biketrips contributed to 14% ofall trips made

    20% - 25%

    Transit Mode Split (allpurpose trips, 24 hours,city-wide)

    In 2005, 9% of all tripswere made by transit 15% - 20%

    Auto Mode Split (allpurpose trips, 24 hours,city-wide)

    In 2005, 77% of all tripswere made by car 65% - 55%

    11 Accessibility toDaily Needs

    Per cent of populationwithin Major andCommunity ActivityCentres and 600m ofUrban and NeighbourhoodCorridors

    In 2006, 18% of allpopulation was locatedwithin Major andCommunity ActivityCentres and 600m ofUrban and NeighbourhoodCorridors

    30%

    12 Watershed Health Per cent of impervious

    surface

    In 1998, 32% of land cover

    was impervious (made upof roadways, parking andbuildings)

    10% - 20%

    13 Urban forest Per cent of tree canopy Canopy cover was 7% in1998

    14% - 20%

    14 District Energy Per cent of land area withdensities supportive ofdistrict energy systems

    In 2005, only 0.3% ofland area had densitiessupportive of districtenergy systems

    1.7%

    Table 2: Core Indicators for Land Use and Mobility (City of Calgary, 2009, p. 5.10)

    People who like to drive, have lots of space and

    live in a quiet residential neighbourhood may

    nd that its supply is articially restricted. Goal

    two of the MDP calls for an increase in density,

    while goal 10 calls for a decrease in trips by car

    and an increase in trips by transit. However,these are just a couple examples, since the Citys

    consultations cover a broad range of topics.

    Choices made through consultations are not

    without a cost; they reduce the available choices

    in the market place. They also seem frustrat-

    ingly arbitrary and not really connected with the

    consultation process. For example, it is dicult

    to see what logical process led to a target of 27residents per hectare, why not 26 or 28?

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    32

    PRE-MADE

    DECISION SEEKS

    LEGITIMACY...

    Because government decisions bind everybody,

    politicians cannot rightly decide an issue

    simply by claiming that they know that their

    preferred policies are right for their fellow

    citizens (Gutmann & Thompson, 2004, pp.

    22-23). Governments need to demonstrate that

    every decision made reects the public interest.

    Public consultation is seen as part of the

    governments solution to dealing with public

    scrutiny. Put another way, public participation

    is simply public relations: providing the public

    with information and, possibly, reassurance

    (Cullingworth, 1984, p. 7). Arguably, people

    are less likely to complain about a government

    decision they dislike if they believe it was made

    through a democratic process.

    In Calgary, some citizens are questioning

    whether the recent consultation over how to

    spend $52-million was appropriate, not simply

    because it was done in the style of the Dragons

    Den game show, but because of claims that theprovince intended the money to be returned to

    taxpayers. Licia Corbella writes:

    The provincial government overtaxed

    Calgarians by $52 million, and as a

    result, it is returning the money. Thats

    the right thing to do. Mayor Naheed

    Nenshi and city council, however,

    are now going through some pretty

    imaginative, if not bizarre, exercises to

    determine what to do with the found loot

    (2013).

    A scientic poll showed 39 per cent of

    Calgarians supported the option of returning

    the money to taxpayers and 25 per cent opted to

    cut the Citys debt. The transit option, believed

    to be favoured by the mayor, was supported by

    17 per cent (Bell, 2013).

    The City reports, however, that their own

    consultation was a qualitative study and

    no numbers were collected (City of Calgary,

    2013h). Marc Henry of ThinkHQ says, It seems

    like council in their public consultation was

    looking for forgiveness, not permission (Bell,

    2013). Some argue that consultations do more

    to inuence public opinion than policy (Ryfe,

    2005, p. 61).

    Additionally, a number of people see the results

    of some Calgary consultations as quite obvious,

    causing them to wonder whether the City is

    merely going through the motions of public

    participation.

    For example, RouteAhead received comments

    from 4,000 people, and the top ve priorities

    were identied: buses should be scheduled to

    arrive at stops more often, routes should go

    where people need them to go, fares should stay

    aordable, vehicles should be comfortable and

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    vehicles should arrive on time (City of Calgary,

    n.d.f, p. 25). City council should not need to spend

    taxpayer money and seek out citizens in order to

    know that most transit riders want comfortable

    seats and their buses to arrive on time; this is

    intuitive.

    To learn how Calgarians would like their money

    to be spent, the City dispensed nearly $1-million

    on public consultations before creating its budget.

    Perhaps Calgarians did not want a million of their

    dollars spent on the public consultation. Moreover,

    Alderman Andre Chabot pointed out that the

    consultation results did not heavily inuence

    amendments in the budget that council passed

    (Gandia, 2012).

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    34

    If Calgarians decide the Citys current practice of public consultations is inappropriate and non-benecial,

    they may consider promoting more transparency, introducing a more scientic method to the process, re-

    stricting the scope of public consultations to truly public matters or call for an end to public consultations

    entirely in favour of other decision making methods.

    SECTION V:NEW APPROACHES

    If the public consultation process is to continue, the

    City should be more open and honest with citizens

    about the benets of the process. The engage! Policy

    states as a principle, The promise, purpose and

    limitations on engaging stakeholders will be made

    clear and understandable (City of Calgary, 2003, p.

    3).

    In practice, this should mean the City is required to

    educate the public on the diculties in achieving

    fair and useful results when the public participates

    in consultations. The City should be required to

    clearly describe the constraints within which the

    consultation takes place and to share the funda-

    mental assumptions, if any, that independent bod-

    ies discover.

    The City needs to be clear about how it will use the

    feedback it receives. Are the conclusions reached

    in the consultation binding? Is the City seeking to

    learn the state of public opinion, or is the City using

    the consultation as a means to educate the public of

    its plans?

    Following the consultation, the City should report

    on the composition of the group sample. It can state

    the gender balance, areas where the participants

    reside, levels of income, levels of education, ethnic-

    ity and ages, all factors that determine whether the

    group is a true representation of the city as a whole.

    The City should state whether the members of the

    group were requested to participate or if they had

    selected themselves. The City must tell the public

    where it advertised the initiative and which external

    groups were invited or were not allowed to partici-

    pate.

    To encourage accountability, participants could also

    agree to be named. Rather than simply receiving

    composed reports, the public should have access

    to all of the Citys materials, feedback, and data for

    each of its consultations.

    GREATER TRANSPARENCY

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    The City of Calgary asked Dialogue Partners to

    organize the consultation process for Our City.

    Our Budget. Our Future. Dialogue Partners did

    share demographic information on the partici-

    pants, but declared:

    The project was not intended to be market

    research where a statistically valid opin-

    ion is provided as a snapshot in time. The

    engagement process has multiple goals,

    which reach far beyond the gathering

    of opinions, and is not statistically valid

    (2011, p. 32).

    A meaningful reform would be to ensure that

    consultation research results are statistically

    valid. One may wonder what the engagement

    process is about if it is meant to go far beyond

    gathering opinions.

    All consultations could be done, as a rule, with

    randomly selected rather than self-selected

    participants. This would sacrice the ability of

    any citizen to have his or her say, but it would

    remove the snowball sample selection and the

    presence of interest groups.

    Such a reform might also be likely to remove the

    diculty of low turnout. By going to the people

    rather than waiting for them to come, the City

    would be able to ensure the sample size is large

    enough to be statistically meaningful.

    RANDOM SAMPLE SELECTION

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    36

    RESTRICT

    CONSULTATIONS TO

    PUBLIC SPACES

    Governments have already established a set of envi-

    ronmental standards and regulations within which the

    market is allowed to operate. Because these standards

    exist, consultations could be used only where public

    property is concerned.

    Citizens may participate in consultations for the re-

    vitalization of a street or matters concerning a publicpark, but the public should refrain from dictating the

    development of private property. In these cases, those

    who participate in consultations are meddling in other

    peoples aairs.

    Richard White calls for an end to the consensus mod-

    el, referring to the process of seeking consensus among

    all stakeholders, ranging from developers to nearby

    residents. He asserts that the consensus model is too

    time-consuming and inhibits the adoption of innovative

    ideas. He writes, Any development is always too much

    for some and too little for others very few think it is

    just right. There is no perfect plan or policy (2010).

    If politicians were to restrict consultation to matters

    concerning public properties, this would limit the scope

    of potential for special interest groups to take advan-

    tage of government power. However, there is still the

    potential that these groups will inuence the overarch-

    ing policies and regulations for private properties so

    that these will be in their favour.

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    DO AWAY WITH PUBLIC

    CONSULTATIONS IN FAVOUR OF

    MARKET AND OTHER DEMOCRATIC

    DECISION MAKINGAnother option is for politicians and public o-

    cials to relinquish control and allow development

    to take place through the market or private cov-

    enants.

    Sometimes a commoditys value is contingent on

    being part of a package deal. Private shopping

    malls are an example of this concept. Shopping

    centre merchants who fail to supply parking or

    who do not collect garbage may be able to charge

    less for their goods, but they will also lose clients

    or customers who value these services (Penning-

    ton, 2002, p. 92).

    Similarly, a housing developer that fails to provide

    amenities, adequate infrastructure, and aesthetic

    touches will lose to its competitors who do so

    (Pennington, 2002, p. 92).

    A person may not want his or her neighbours

    to replace their home with a 10-storey building,

    because it will ruin ones view and block sunlight.

    If that person became part of a private covenant

    when moving into the neighborhood, he or she

    and the neighbours would face restrictions on

    what they can do with their land. Most likely, the

    neighbours are unable to replace their house with

    a taller building. If a private covenant restricts too

    much, however, people who seek more freedom

    can buy a house elsewhere, where the stipulations

    of the covenant are dierent.

    People should be able to voluntarily associate with

    organizations that restrict their personal freedom,

    and they will do so because it benets them.

    In places where people have the right to do with

    their property as they like, others may nd some

    decisions distasteful. However, those who nd a

    decision distasteful have equal rights to do with

    their property what they like or can bargain with

    the other property owner. The rights people desire

    for themselves must also be granted to others.

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    38

    SECTION VI:

    CONCLUSIONKenneth Minogue writes:

    Our rulers are theoretically our repre-

    sentatives, but they are busy turning us into

    the instruments of the projects theykeep

    dreaming up. The business of governments,

    one might think, is to supply the framework

    of law within which we may pursue happi-

    ness on our own account (2010, p. 2).

    Calgary can move away rom a system where policies

    avouring the ew are seemingly legitimized through

    public consultations. Insight into how the political

    process works shows that the outcomes o consulta-

    tions are not so air and praiseworthy, aer all.

    As explained earlier, not everyone can or will par-

    ticipate in public consultations, and special interest

    groups or activists dominate the process. Some peo-

    ple enjoy participating, but many people do not have

    the time to be constantly deending their interests.

    Moreover, the quality o input received in public con-

    sultations is questionable. Te majority o people do

    not have expertise in city planning. Participants do

    not pay a direct cost or their decisions, and consulta-

    tions have diculties accommodating trade-ofs.

    Consultations necessarily carry underlying assump-

    tions or have constraints, so this is a problem or peo-

    ple who are unaware o a consultations limitations or

    disagree with the methodology used.

    Lastly, in cities with tens o thousands o people,

    consensus cannot be reached. Preerences are subjec-

    tive, and oen the government even i at the word

    o others can impose moral decisions on citizens

    when it has no right.

    Every person should be able to take part in the de-

    velopment process directly, rather than a small group

    o consultation participants deciding the path or

    everyone. Interactions within the private market are

    better indicators than consultations o what Calgar-

    ians want.

    I consultations are merely used as a public relations

    tool to push agendas, citizens should demand that

    money be better spent elsewhere.

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    SECTION VII:

    RECOMMENDATIONS

    POLICY CURRENT STATUS DESCRIPTION BENEFIT

    GreaterTransparency

    Raw data fromconsultations notalways available

    City makes raw datafrom all consulationspublic as soon asavailable

    Greater trust inprocess if robust,healthy skpeticism ifnot

    Introduce RandomSample Selection

    Samples tend tobe self selecting,unlikely to reect

    population

    Ensure samplingis proportionate to

    population as per publicopinion research best

    practice

    Results ofconsultations morereective of population

    Restrict Scope ofPublic Consultationto Truly Public

    Spaces

    Publicconsultations usedto set global goalsthat aect futuredevelopment and

    the use of privateproperty

    Public consultation usedonly for matters wherethere is an established

    public interest, forexample redeveloping

    an established street

    Great choice in privatematters, consultationretained for truly

    public spaces

    Do Away withPublic Consultationin Favour of

    Market andOther Democratic

    Decision Making

    Consultation iswidely used policy

    Reject the currentconsultation paradigmin favour of privatechoices in the market

    place and conventionaldemocracy throughelected representatives

    Greater choince inmarket place, easier toidentify representativeresponsible fordecisions and holdthem to account

    MOREAMBITIOU

    SREFORM

    LESSAMBI

    TIOUSREFORM

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    40

    APPENDIX: SELECTED CITY OF

    CALGARY CONSULTATION LINKS

    City of Calgary. (2013). What is imagineCALGARY? Retrieved July 2, 2013, from imagine-

    CALGARYhttp://www.imaginecalgary.ca/what-imaginecalgary

    City of Calgary. (2013). Plan It Calgary. Retrieved May 7, 2013, fromhttp://www.calgary.ca/PDA/LUPP/Pages/Municipal-Development-Plan/Plan-It-Calgary/Plan-It-Calgary.aspx.

    City of Calgary. (2013). RouteAhead: What We Heard. Retrieved July 4, 2013, fromhttp://www.routeahead.ca/397-2/what-we-heard/

    City of Calgary. (2013, February 7). News Release: 16,500 Calgarians Voice Opinions onNew Central Library. Retrieved July 4, 2013, fromhttp://calgarynewcentrallibrary.ca/news-release-16500-calgarians-voice-opinions-on-new-cen-tral-library/

    City of Calgary. (2013). Our City. Our Budget. Our Future. Retrieved July 4, 2013, fromhttp://ocobof.blogspot.ca

    City of Calgary. (2013). How Should the City Use $52 Million? Retrieved July 4, 2013, fromhttp://www.calgary.ca/52million

    City of Calgary. (2013). Multi-family Recycling Project Status. Retrieved July 2, 2013, fromhttp://www.calgary.ca/UEP/WRS/Pages/Recycling-information/Residential-services/The-3rs-reduce-reuse-recycle/MultiFamily-Recycling-Status.aspx

    City of Calgary. (2013). Continue the Conversation. Retrieved July 4, 2013, from http://www.calgary.ca/getinvolved/Pages/Continue-the-Conversation.aspx

    City of Calgary. (2013). Next City: Transforming Planning. Retrieved July 4, 2013, fromhttp://www.calgary.ca/PDA/Pages/Transforming-Planning/Transforming-Planning.aspx

    City of Calgary. (2013). 8 Street S.W. Corridor Public Realm Plan. Retrieved July 4, 2013,from http://www.calgary.ca/Transportation/TP/Pages/Planning/Centre-City/8-Street-S.W.-Cor-ridor-Public-Realm-Plan.aspx

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    ABOUT THE AUTHOR

    BRIANNA HEINRICHS is a Masters student at the Universityof Calgary. She holds a Bachelor of Arts (Honours) degree in Political Science

    from the same institution and currently coordinates the radio and internship

    programs at the Frontier Centre for Public Policy. Her next project for the

    Manning Foundation focuses on transparency at City Hall.

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    46

    MUNICIPAL REPORT SERIES

    The Manning Foundation is building intellectual capital for municipal governance in ve streams of public policy

    enquiry. Each stream will include a series of public policy reports designed to stimulate new thought about the role

    of municipal government in society. Manning Foundation research reports are placed in the public domain via the

    Foundations website and are available for review, debate, criticism and support by Canadians regardless of their

    political aliation.

    1. ORGANIC CITIES

    An enquiry into how cities grow and what role government should play in regulating growth and providing

    infrastructure, with the goals of economic eciency and liveability. Much of the debate around municipal development

    is based around what urban forms are desirable, with sprawlers and smart growthers alike arguing that land-use

    regulation and infrastructure provision should favour their optimal urban form.

    The Organic Cities project takes a dierent perspective: that what is important is not the urban form that emerges,

    but the processes that are in place, particularly the role of government. On this view, it is more important that the

    market is left free to serve consumer demand, with the important constraints being property rights and the real costs of

    infrastructure provision rather than land-use regulations.

    Upcoming reports include enquiries into the eects of future advances in vehicle technology.

    2. APPROPRIATE ACTIVITIES

    An enquiry into the optimal role of government, with a positive analysis of what municipal government currently does