Role of Municipal Govt

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    THE ROLE OF

    MUNICIPALGOVERNMENT

    DAVID SEYMOUR

    AUGUST 19, 2013

    KEY POINTS

    The Alberta Municipal Government Act sets out

    what municipal governments can and cannot

    do. However, in practice it rules out little besides

    some niche activities and broad restraints on

    taxing and borrowing.

    Economic theory proposes much tighter

    constraints on the role of government than do

    the constitutional arrangements that surroundAlberta municipalities.

    Voters are the ultimate restraint on government

    andhavethelastsayondeningitsrole.

    However,theyalsofaceacutedicultieswhen

    holding government to account.

    Given the lack of constitutional constraints,

    an opportunity exists for municipal politicians

    to apply restraints consistent with economic

    theory.

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    TARGET 102:

    BY 2036, 100 PER

    CENT OF CALGARIANS

    REPORT THAT THEY

    FEEL RESPECTED

    AND SUPPORTED IN

    THEIR PURSUITS OF

    MEANING, PURPOSE

    AND CONNECTEDNESS

    Imagine Calgary, City of Calgary Plan

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    Many debates over municipal policy could be easily resolved if the role of a municipality was

    more widely agreed upon. Questions such as whether a municipality should regulate the

    serving of shark n soup, run certain commercial enterprises, allow secondary suites and

    increase taxes could better be answered if we understood whether such activities t within

    the role of government.

    In spite of this, it seems to anyone reading city documents that there is almost nothing that

    the City of Calgary cannot do for its citizens. Its Societal Benets policy lists 13 wide ranging

    goals that could be used to justify almost any conceivable activity.

    THE ROLE OFMUNICIPALGOVERNMENT

    1. Reduce community greenhouse emissions,air pollutants, and energy consumption(environmental)

    2. Protect water resources (environmental)

    3. Ensure land stewardship and protection

    (environmental)

    4. Reducewastetolandll(environmental)

    5. Provide accessibility/availability (social)

    6. Enableaordability(social)

    7. Promote accommodation/acceptability (social)

    8. Improve adequacy to meet need, suitability andsafety (social)

    9. Create a city where citizens want to live, workand invest (economic)

    10. Create a city that promotes a healthy, vibrant

    economy by attracting and retaining businessesand helping them grow (economic)

    11. Encourage sustainable communities (smartgrowth)

    12. Reduce barriers to participation (smart growth)

    13. Other (from Council-approved environmental,social, economic or smart growth policy)1

    CITY OF CALGARY SOCIETAL BENEFITS

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    6

    INDEED, MANY OF

    THE CONCERNS

    THAT VOTERS HAVE

    ABOUT THE CITY OF

    CALGARY COULD BE

    ALLAYED BY THE

    CITY ADHERING

    MORE CLOSELY TO ADISCIPLINED ROLE

    OF GOVERNMENT

    The Citys Imagine Calgary Document contains a

    range of even more specic goals:

    By 2036, 90 per cent of citizens agree that

    Calgary is a city with soul, which is dened

    as citizens having meaning and purpose in

    life and experiencing ongoing feelings of

    connectedness with some form of human,

    historic or natural system.

    By 2036, 100 per cent of Calgarians report

    that they feel respected and supported in

    their pursuits of meaning, purpose and

    connectedness, and that they extend respect

    and support to others who meet this need in

    ways dierent from their own.

    By 2036, 95 per cent of children aged two

    to ve years exhibit high levels of emotional

    well-being and age-appropriate levels

    of attention span and impulse control,

    as measured by the Ages and Stages

    Questionnaire.

    By 2036, the consumption of urban and

    regionally-produced food by Calgarians

    increases to 30 per cent.2

    The Citys Transport and Municipal

    Development Plans identify a range of objectives

    that can best be described as tting Calgariansbehaviour to a plan rather than planning to

    service their needs. For example, the Municipal

    Development Plan calls for population densities

    to reach 27 people per hectare (up from 20 in

    2005), 50 per cent of new development to occur

    within the 2005 urban footprint (5 per cent

    leaving built area in 2005), and at least 35 per

    cent of trips to be walking, cycling or transit (up

    from 23 per cent in 2005).

    At the same time, public opinion research

    undertaken for the Manning Foundation

    indicates that the public actually has quite

    dierent priorities (see Figure A).

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    CALGARY VOTER CONCERNS

    On a scale where 0 is not at all concerned and 10 is very concerned

    Manning Foundation Municipal Survey

    Sample Size n=4,200 eligible Calgary resident voters (Avg 300 per Ward)

    Method: Live telephone interviews and online interviews

    Fielded in October 2012

    Margin of Error +1.6% nineteen times out of twenty

    Full Results: www.manningfoundation.org/our-work

    FIGURE A

    Ensuring adequate support for localculture and arts in Calgary

    Ensuring adequate support forwalking and bike paths in the city

    Making it easier for Calgarians to dealwith City Hall

    The rate at which the city is growing

    The adequacy and efficiency of C-Train service

    The amount of crime, theft and graffitiin the city

    The amount of property taxes chargedto property owners in Calgary

    Making City Hall more accountable

    The personal safety and security ofpassengers at C-Train stations after dark

    The cost of living for average familiesin Calgary

    Traffic congestion on Calgary roads

    5.16

    5.83

    5.87

    6.10

    6.13

    6.42

    6.60

    6.89

    7.14

    7.37

    7.61

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    8

    Indeed, many of the concerns that voters have

    about the City of Calgary could be allayed by

    the City adhering more closely to a disciplined

    role of government. Housing aordability, the

    cost of government services, public safety and

    trac congestion could all be addressed by

    the city putting more emphasis on the things

    governments are good at and refraining from

    activities where private businesses and civil

    society could do better.

    Broadly speaking, governments can tax,

    regulate and own. There are good arguments

    for tax funding being appropriate for some

    expenditure, such as a police force, but less

    so for others, such as a golf course. Some

    regulations, such as an anti-littering ordinance,

    can improve peoples overall well-being.

    Others, such as current taxi regulations, do

    not. Government ownership is essential if

    a government is to operate independently.For example, a council should own its

    own chambers. Nevertheless, government

    ownership has a poor track record generally,

    demonstrated in reverse by the worldwide

    success of privatization.

    The role of government can be dened by a

    set of rules for when government should and

    should not engage in these three kinds of

    activities. These rules may be derived from

    three main sources. The rst is constitutional

    and quasi-constitutional documents such as

    the Canadian Constitution and the various

    provincial municipal government acts. The

    Canadian Constitution is silent on the role of

    municipal governments, simply stating that all

    municipal questions are up to the provinces. In

    Alberta, the most important document is the

    Municipal Government Act, which provides

    little guidance on what the role of municipal

    government should be. It empowers municipal

    government in multiple and vague ways, leaving

    few activities out of its scope.

    The second is economic and political theory.

    These provide several ideas regarding what

    governments might and might not be good at

    based on the concept of market failure.

    The third and most important source of

    restraint on government activity is the will of

    the voters. The voter ultimately decides what

    the role of government should be. However,

    voters as a group face some systematic

    challenges in restraining government. At itssimplest, the problem is that becoming an

    informed voter is only useful if many other

    voters do the same. Voters as a group face a

    collective action problem when attempting

    to inuence the course of government. This

    problem is particularly acute when dealing with

    small, organized interest groups.

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    SOME REGULATIONS, SUCH

    AS AN ANTI-LITTERING

    ORDINANCE, CAN IMPROVE

    PEOPLES OVERALL

    WELL-BEING. OTHERS,

    SUCH AS CURRENT TAXI

    REGULATIONS, DO NOT

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    10

    THECONSTITU-TIONAL

    APPROACHThe role of municipal government is barely

    dened in any constitutional or quasi-

    constitutional document. On the contrary,

    the relevant documents eectively tell

    municipalities that the role of municipal

    government is whatever municipal government

    denes it to be.

    The Canadian Constitution does not

    contemplate municipalities except for a brief

    line in the Constitution Act, 1867. In each

    Province the Legislature may exclusively make

    Laws in relation to Municipal Institutions inthe Province.

    For municipalities in Alberta, the Municipal

    Government Act begins with a very wide

    denition of the purpose of municipal

    government:

    (a) to provide good government;

    (b) to provide services, facilities or other

    things that, in the opinion of council, are

    necessary or desirable for all or a part of

    the municipality, and;

    (c) to develop and maintain safe and viable

    communities.

    These purpose statements could encompass

    almost any imaginable activity.

    The Act goes on to say that a municipality may

    pass bylaws for municipal purposes, and it gives

    a long list of them. The list begins:

    (a) the safety, health and welfare of people

    and the protection of people and property;

    (b) people, activities and things in, on or

    near a public place or place that is open to

    the public;

    According to this section, any bylaw is legal as

    long as it involves the safety, health or welfare

    of people or occurs in or near a place that is

    open to the public. There is some practical

    restraint on the power to enforce bylaws, which

    they can enforce with a maximum $10,000 ne

    or one years imprisonment.

    Those interpreting the Act are instructed to:

    (a) give broad authority to councils and to

    respect their right to govern municipalities

    in whatever way the councils consider

    appropriate, within the jurisdiction given

    to them under this or any other enactment

    .

    The Act does enumerate limits on the power of

    municipal governments; however, these almost

    exclusively defer municipalities to provincial

    oversight rather than state the rights of

    citizens. For example, municipalities must have

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    provincial oversight for involvement in mineral

    rights, for-prot corporations, regulating

    rearms and regulating the use of re in forest-

    protection areas.

    There are restrictions placed on revenue

    gathering and borrowing that act as a practical

    limit on spending. Taxes must be assessed

    against property rather than income, sales or

    other factors used by the federal and provincial

    governments. Alberta municipalities have a

    debt limit (set by regulation) of 1.5 times to two

    times the municipalitys revenue, depending on

    the municipality.

    The Act also provides considerable scope for

    municipalities to regulate land use. In this

    regard, the purpose of the Act is:

    to provide means whereby plans and

    related matters may be prepared and

    adopted:

    (a) to achieve the orderly, economical and

    benecialdevelopment,useoflandand

    patterns of human settlement, and;

    (b) to maintain and improve the quality

    of the physical environment within which

    patterns of human settlement are situated

    in Alberta,

    without infringing on the rights of

    individuals for any public interest except to

    the extent that is necessary for the overall

    greater public interest.

    The Act goes on to enable and, in many cases,

    require municipalities to make land-use

    regulations. As with the broader purpose and

    powers given to municipalities under the Act,

    these powers are quite open ended.

    Land-use bylaws are mandatory for

    municipalities with populations of more than

    3,500. These must divide the municipalitys

    territory into zones with permitted activities

    and processes for gaining development permits.

    For example, municipal development plans

    must contain regulations to protect agricultural

    land.

    The Act extinguishes some of the usual

    constraints that might limit government. For

    example, the Act states that nothing in the land-

    use regulation section entitles property owners

    to consultation. In the case of subdivision and

    development appeals boards, the Act exemptsthese quasi-judicial bodies from the usual

    laws of evidence that are applied to judicial

    proceedings.

    Altogether, Albertas Municipal Government

    Act places few restraints on municipal

    government, eectively saying that the role of

    government is whatever the government denes

    it to be. In view of this, there is a case to be

    made for municipal politicians setting their own

    constraints.

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    12

    CONTRIBU-TIONS FROM

    ECONOMICTHEORYEconomics is the study of putting scarce

    resources to their best use. The role of

    government is part of this study, which asks

    whether government should control given

    resources by owning them, spending them or

    regulating their use. For example, there is a

    question of whether governments should run

    commercial enterprises. Empirical evidence

    overwhelmingly shows that these are best left

    outside of the role of government.

    There are other considerations in public

    policy, such as the distribution of welfare. It ispossible to imagine a very wealthy society with

    great inequality, and many see that as unjust.

    However, there are critical diculties with

    municipal governments being involved in the

    redistribution of wealth.

    Without access to the wider tax and transfer

    system used by the federal and provincial

    governments, municipalities lack an important

    tool for identifying and helping those in need of

    redistribution. Furthermore, municipalities face

    a geographical challenge in providing income

    redistribution.

    If municipalities are in charge of [social]

    policies, they are under huge pressure

    toreducetheirnancialcommitments

    because, if they do not, there is always

    the threat that wealthy individuals or

    companies will simply go elsewhere. When

    going elsewhere means only a move from

    one municipality to another, the threat is

    often (but not always) real.3

    For this reason, this paper focuses on economic

    eciency.

    THERE ARE CRITICAL

    DIFFICULTIES

    WITH MUNICIPAL

    GOVERNMENTS

    BEING INVOLVED IN

    THE REDISTRIBUTION

    OF WEALTH

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    The role of government can be broken down

    into ownership, expenditure and regulatory

    roles.

    OWNERSHIP

    The Municipal Government Act is silent

    on government ownership and places

    no constraints on it other than requiring

    ministerial oversight of the ownership of for-

    prot corporations. Nevertheless, there are

    good reasons municipalities might choose torestrict their role in terms of ownership.

    The City of Calgary is engaged in extensive

    ownership, claiming $5.4 billion in nancial

    assets and $13 billion in tangible assets. The

    nancial assets are intangibles, with the

    exceptions of $250 million in land inventory

    and full ownership of Enmax, which is valued

    at $2.2 billion. The tangible capital assets are

    predominantly engineered structures, followed

    by land, buildings and vehicles.

    In functional terms, these assets include golf

    courses, sailboats, parks, roads, sewers, trains,

    rails, buses, machinery and a development

    company.

    Against this ownership, the City carries $3.4

    billion of long-term debt as part of total

    nancial liabilities of $5.3 billion. The interest

    on these liabilities serves4 as a reminder that

    there is a cost of ownership, which is any lost

    opportunity to better use the same assets. If

    the actual return on owning an asset is lower

    than other possible returns, then value is being

    lost. In order to achieve eciency, municipal

    governments should not own assets that could

    be better managed by other entities.

    Over the past 30 years, governments in more

    than 100 countries have privatized more than

    $2 trillion worth of assets, providing a rich

    history of what happens when the private rather

    than the public sector manages the same assets.

    The evidence has overwhelmingly shown that

    private management is more ecient than

    public management.

    THE EVIDENCE HAS

    OVERWHELMINGLY

    SHOWN THAT PRIVATE

    MANAGEMENT IS

    MORE EFFICIENT

    THAN PUBLICMANAGEMENT

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    14

    For example, in a meta-study of 38 studies of

    privatization, Megginson and Netter (2001)

    concluded, Research now supports the

    proposition that privately owned rms are more

    ecient and more protable than otherwise-

    comparable state-owned rms.5

    Further evidence is provided by Boardman

    and Vining (2012), who studied 53 Canadian

    privatizations spanning from 1974 to 2011 and

    summarized that the overall impacts have been

    largely positive, in many cases impressively

    so. Key economic indicators such as capital

    expenditures, dividends, tax revenues and sales

    per employee tended to increase, while others

    such as employment initially fell, only to rise

    again over the long term.6

    Megginson and Netter note that the gains

    from privatization depend on the amount of

    competition possible in the market in which therms or asset operates. Thus, gains for the kind

    of network infrastructure that municipalities

    own, such as roads and sewers, are likely to be

    lower than for assets where private competition

    is possible, such as recreation centres.

    Nevertheless, overwhelming evidence suggests

    that many of the assets that the City of Calgary

    currently owns would be better managed by

    the private sector. Outside of certain assets

    such as City Hall, which are necessary for the

    democratic process and should not be subject

    to any one landlord, it is not clear why the

    role of municipal government should include

    ownership.

    Municipal politicians eager to increase

    economic eciency in Calgary should aim

    to put assets into private ownership, as the

    evidence on average and over the long term

    suggests that the assets will be better managed.

    In terms of prioritization, politicians should

    rst apply the policy to assets that have clear

    commercial competitors or the potential for

    them. Such an order might be:

    Golf courses

    Recreation centres

    Sailing assets

    Snow removal and garbage services

    Electricity generation

    Transit services

    Single-use network infrastructure, e.g.,

    sewers, water and electricity distribution

    Multiple-use network infrastructure, e.g.,

    roads

    Reducing the scope of government ownership

    would not prevent the production of any of

    these services. On the contrary, there is good

    reason to believe that the cost and quality of

    the services would improve if these assets were

    transferred to private ownership.

    Of course, not all privatization is good because

    not all privatizations are created equal. In

    particular, any privatization should be very

    carefully considered so that it does not create

    market power or invoke regulatory costs greater

    than expected gains in eciency.

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    16

    was supposed to solve. Taxi regulations are an

    acknowledged government failure where the

    political mechanism creates worse problems

    than the original market failure it was supposed

    to x. By limiting the number of plates

    available, the City simultaneously creates a

    shortage of taxis and raises the value of plates.

    In turn, these raised values give the plate

    owners an incentive to lobby against expanding

    the number of plates, and the shortage

    continues to grow.

    Similarly, land-use regulations can restrict the

    supply of land that can be built upon, which

    benets existing homeowners but is a cost to

    new homebuyers and to the continued growth

    of the city. If subject to proper regulatory

    principles, most of the rationales for this

    intervention would be quashed. The restriction

    of land development is justied on the basis

    of infrastructure costs and reported taste forcertain urban forms (types of buildings and

    neighbourhoods). However, these objectives

    could be better met by pricing infrastructure

    correctly and allowing consumers to reveal

    their preferences in the market. Subjecting

    land-use regulation to sound regulatory

    principles (see Figure B) would lead to the

    rejection of much of the current planning.

    These poor regulatory decisions have very

    large distortionary eects, which suggests

    that improving regulatory decisions would

    be worthwhile. Taxi regulation, for example,

    has led to a distortion where plates trade at

    a reported $150,000 each. The total value of

    these plates is over $200 million, representing

    wealth inadvertently transferred from the

    public to the plate holders since 1986 when the

    number of plates was capped.

    Similarly, the Demographia International

    Housing Aordability Survey7 cites the median

    Calgary House price as $358,400, or 4.3 times

    the median household income. The Survey

    also cites that a ratio of 3.0 is achievable in

    properly regulated markets, even when they are

    growing. This suggests that Calgary homes are

    overvalued by a median of $108,000 each, or

    approximately $40 billon across the city. These

    gures are indicative only, but their magnitude

    suggests that regulatory performance is a major

    issue in Calgary.

    Because circumstances vary, there is no general

    rule for what is good regulation and what is badregulation. The task of identifying the role of

    government with respect to regulation means

    identifying which regulations are likely to

    improve overall eciency by reducing market

    failure and which are more likely to increase it.

    Calgarys cut red-tape initiative is driven

    by sta, business and public submissions

    and focuses mainly on improving the

    administration of bylaws rather than on the

    bylaws themselves. There are several ways

    this initiative could be expanded to be more

    systematic.

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    THIS SUGGESTS

    THAT CALGARY

    HOMES ARE

    OVERVALUED

    BY A MEDIAN OF$108,000 EACH, OR

    APPROXIMATELY

    $40 BILLION

    ACROSS THE CITY

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    18

    The Standard Cost Model8, used in the

    Netherlands and championed by the

    Organisation for Economic Co-operation

    and Development, involves calculating the

    economy-wide cost of regulatory compliance

    as a starting point for reducing the overall

    regulatory burden in a measurable way. The

    model quanties the compliance cost of existing

    regulations and is a test for new ones.

    Another systematic approach is regulatory

    impact analysis. At present, the City of Calgary

    states that the City Administration may apply

    a series of tests during the development of a

    bylaw including whether the bylaw is good for

    the population as a whole and whether there

    are any alternatives. An improvement to this

    policy would be to formalize these tests and

    include more-rigorous cost-benet analysis.

    The mandatory publication of a regulatory

    impact statement would accompany any newbylaw (see Figure B). The mayor and the city

    manager should sign this statement. A specially

    created ocer of regulatory quality might ask

    and answer these questions.9

    The mandatory publication of such a statement

    would change the dynamics of making bylaws.

    The process could be applied to the existing

    stock of bylaws on a rolling basis with all bylaws

    being reviewed at least every ve years.

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    1. What is the problem to be solved, and is the bylaw necessary?

    2. What alternative private, including common law, remedies exist?

    3. What will the impact be on private property rights?

    4. Whatwilltheeectsbeonthefreedomtocontract?

    5. Who,ifanyone,islikelytobenetfromtheregulatorychange?

    6. Whatistheestimatedcostofcompliancetothoseaected?

    PROPOSED REGULATORY IMPACT QUESTIONNAIRE

    FIGURE B

    SIGNED:

    Mayor

    City Manager

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    20

    EXPENDITURE

    In 2012, the City of Calgarys expenditures were

    $2.96 billion, with transit, police and water and

    resources being the largest expenditure items

    at $438 million, $411 million and $383 million

    respectively.

    As with ownership and regulation, there

    are some activities for which government

    expenditure is more ecient than private sector

    expenditure and others for which it is not.

    Since the Municipal Government Act placesrestrictions on how municipalities can source

    revenue but places almost no restrictions

    on how they can spend it, there is scope for

    municipal politicians to set their own limits on

    the expenditure role of government.

    The most helpful economic theory for

    identifying useful expenditure is the public

    good theory, which distinguishes public goods

    from private goods. Public goods are goods

    for which the beneciaries cannot be made to

    pay at the point of consumption (they are non

    excludable), and the consumption of which by

    one person does not lessen what is available for

    others (they are non rivalrous). Private goods

    are the opposite in both ways.

    The police service is an example of a public

    good, because once the streets are safe, all

    people benet, even tourists who do not

    contribute to the municipality. What is more,

    WHEREVER POSSIBLE,

    MUNICIPALITIES

    SHOULD ENSURE THATUSERS PAY THE COST

    OF WHAT THEY USE

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    one person enjoying a safe environment does

    not make the city less safe for others to enjoy.

    Conversely, a restaurant meal is a private good

    because it is easy to identify the person who

    benets and make that patron pay for it, and

    once the person consumes the meal, it is not

    available for others. Few goods are perfectly

    public or perfectly private, but all of the goods

    and services that the City of Calgary delivers

    can be categorized as more like one or the

    other.

    Governments have an advantage when funding

    public goods. Because they are able to force

    people to pay taxes, they can overcome the

    fact that it is dicult to charge people for a

    particular service. However, governments have

    no advantages when it comes to providing

    private goods. Because a person or group

    uses up private goods, governments run into

    problems deciding who gets them, e.g., whoshould use space in a leisure centre?

    An additional complication comes from the

    way services are funded. While the power to

    tax gives municipalities the ability to fund

    public goods, taxes do not fund all municipal

    services. In 2012, the City of Calgary sourced

    $1.59 billion from taxes, and a further $124

    million came from higher levels of government.

    However, $1 billion came from user fees that

    were collected for services such as transit, water

    and sewer.

    Wherever possible, municipalities should

    ensure that users pay the cost of what they use.

    Consumers are then more likely to utilize only

    what they need, reducing waste. Once costs

    and benets are aligned, municipal politicians

    should ask if the municipality should be

    providing the service.

    Applying the public good test to Calgarys

    current expenditure would likely reduce

    the level of tax supported expenditure by a

    considerable amount. The test would likely

    classify expenditure areas (listed with their

    2012 expenditure in thousands) as follows:

    Police 410,926

    Fire 246,003

    Public Goods 656,929

    Roads,tracandparking 355,081

    Parks and recreation facilities 211,142

    General government 264,647

    Public works 176,992

    Mixed Public-Private Goods 1,007,862

    Public transit 438,405

    Water services and resources 382,577

    Waste and recycling services 111,034

    Community and social development 55,567

    Social housing 113,184

    Societies and related authorities 68,593

    Calgary Public Library Board 52,195

    Real estate services 72,400

    Private Goods 1,293,955

    TOTAL 2,958,746

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    22

    These categories from the City of Calgary

    nancial statements are far from a perfect split

    of public and private goods. However, they give

    an idea of how much tax-supported expenditure

    could be reduced if councilors strictly adhered

    to the principle of using the power to tax to

    fund only true public goods. In 2012, such

    goods consumed only $656 million compared

    with the $1.5 billion collected in tax revenue.

    These costs would not disappear, and most

    would continue to be paid in some form. What

    would change is that the public would have a

    greater amount of choice about how much to

    consume. For example, those who do not wish

    to play golf would no longer see their property

    taxes used to maintain City golf courses.

    THE VOTERSCHALLENGEVoters are the ultimate arbiters of the role of

    government, and it is to them that municipal

    governments should look when dening the

    role of government. However, as a group, voters

    face a systematic problem when monitoring

    government activity and holding government to

    account.

    Many voters would like to invest more time

    in becoming informed about policy options

    but nd that their eorts will only make a

    dierence if a large number of other voters do

    the same.10 The incentive for rational voters

    is to economize on time spent monitoring

    government activity and future policy options

    and use their time for pursuits that are more

    directly rewarding.

    A classic example of this challenge, referred

    to earlier, is the problem of taxi regulation.

    Research in Winnipeg has shown that taxi

    regulation transfers wealth from passengers

    and drivers to licence owners.11 The majority

    of people would be better o without this

    regulation, but because there are only several

    hundred taxi licences and more than 700,000

    Winnipeggers, the amount transferred from

    each passenger is very small compared with

    INDIVIDUAL

    LICENCE HOLDERS

    HAVE A STRONGER

    INCENTIVE TO

    BECOME INFORMED

    AND LOBBY THAN

    DO VOTERS WHO DO

    NOT HAVE A DIRECTINTEREST IN THE

    INDUSTRY

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    the amount transferred to each licence holder.

    Individual licence holders have a stronger

    incentive to become informed and lobby than

    do voters who do not have a direct interest

    in the industry.12 For this reason, this very

    frustrating regulation continues, year after year,

    in almost every Canadian jurisdiction.

    As another example, much of the current land

    use planning activity by the City is likely subject

    to the same dynamics. The City boasts that

    Imagine Calgary, which is used to link planning

    activity to the will of the citizens, was the

    largest community engagement exercise of its

    type in the world. While the 18,000 participants

    sounds impressive, they were in fact a self

    selected sample of less than two per cent of

    Calgarians, whose vision will now impose a

    variety of regulatory costs on all residents.

    Because of the challenge that voters as a groupface in restraining government activity, there is

    a role for ethical leaders who believe in limited

    government to refrain from policies that will

    cost the majority at the expense of a more

    politically active minority.

    CONCLUSIONIn the absence of clear guidance from the

    Constitution Act or the Municipal Government

    Act, the City of Calgary has had great latitudeto choose its own denition of the role of

    municipal government. This has led to a range

    of ownership, regulatory and expenditure

    functions, many of which are well outside what

    economic theory suggests is the optimal role of

    government.

    Municipal politicians interested in optimizing

    the cost and quality of services that Calgarians

    receive should relentlessly question whether

    each ownership, regulatory and expenditure

    activity of the municipality is something that

    the City should be engaged in or whether other

    institutions could better serve Calgarians

    needs.

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    24

    RECOMMENDATIONSPOLICY CURRENT STATUS DESCRIPTION BENEFIT

    Ensure all spendingfunded according tobenetsmodel

    Calgary currently has astrongbenets-orientatedfunding formula

    Primaryprincipleisthatbeneciariesof a service pay the cost of it

    Moreecientbecausepeople will not overconsume when they arepaying themselves

    Introduce standard

    cost model forregulation

    City undertakes consultations

    such as cut red tape initiativeto gauge regulatory burden

    Scienticsurveysandcalculationsof

    regulatory administration

    Formal measurement

    of regulatory burdenover time

    Abandon ImagineCalgary targets

    City rhetoric heavy withImagine Calgary targets

    These targets should be abandoned,they were formed through a spuriousprocess and contemplate a wide rangeof goals that the City cannot hope toachieve

    Allow city to focus on amore defensible role ofgovernment

    Introducemandatoryregulatory impact

    statements

    Currently the Cityadministration (Animal andBylaw Services) produces a

    report although there is noformal policy underlying this

    A formal checklist of regulatoryconditionsissignedobythemayorand possibly a regulatory quality

    ocer

    Increased transparencyand an avenue forcitizens whose rights

    have been improperlyviolated by regulationto challenge therelevant bylaws

    Reform SocietalBenetsPolicyto market failureprinciple

    Socialbenetspolicycurrently encompasses 13wide ranging goals includingother, that allow almostany conceivable activity to berelatedtoasocietalbenet

    The policy should be reformedtoreectaprincipledroleofgovernment, acknowledging wheregovernmentcanmakeadierence,regulating market failures andproviding public goods, rather thanpromising a wide range of outcomes

    Far better focus frommunicipal government,emphasizing activitieswhere governmenthas a competitiveadvantage

    Implementregulatory

    complianceocer

    The Administration isresponsible for issuing a

    report on new bylaws tocouncil,butnospecicindividual is responsible forthis

    Aregulatorycomplianceocerwhoseprimaryjobitistosignoon

    regulatory quality is responsible forissuing a report on the quality of anynew bylaw or plan

    Higher accountabilityand more attention on

    regulatory quality

    Divest assetsexposed tocompetition

    City currently owns a numberof assets that are exposedto competition or potentialcompetition

    Assets where competition is actualor possible, such as golf courses,recreation centres, and sailingfacilities transferred to privateeconomy

    Moreecientandcustomer responsiveservices, lower costs/risks for taxpayers

    Redeneroleof governmentin MunicipalGovernmentAct (Provincialprerogative)

    Municipal Government Actcurrently rules out almost noactivities,eectivelystatingthat the role of a municipalgovernment is whatever itscouncildenesittobe.Areview is underway

    TheActshouldbereformedtoreecta principled role of government,acknowledging where governmentcanmakeadierence,regulatingmarket failures and providing publicgoods, rather than leaving the role tobedenedadhocbycouncils

    Far better focus frommunicipal government,emphasizing activitieswhere governmenthas a competitiveadvantage

    Divest singleuse networkinfrastructure

    City currently owns networksfor water, sewer, rail, andelectricity distribution

    Network assets where competition isnot possible but only one use appliestransferred to private economy

    Moreecientandcustomer responsiveservices, lower costs/risks for taxpayers

    Divest multi-use networkinfrastructure

    City currently owns the streetnetwork

    Network assets where competition isnot possible and multiple uses applytransferred to private economy

    Moreecientandcustomer responsiveservices, lower costs/risks for taxpayers

    MOREAMBITIOUSR

    EFORM

    LESSAMBIT

    IOUSREFORM

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    1. PolicyGoalsforAssessingSocietalBenets,CityofCalgary2012

    2. Imagine Calgary cited in Nenshis Charade of Consultation Cory Morgan Ranting and Raving http://corymorgan.

    com/nenshis-charade-of-consultation/

    3. Sancton,A(2008)DrawingLines:DeningtheRolesofMunicipal,Provincial,andFederalGovernmentsinad-dressing urban social issues in Canada. Canada West Foundation, Calgary p4

    4. It is sometimes argued that because the City can borrow at comparatively low interest rates, it makes sense for theCity to fund investments. However, the interest rates on an investment are determined by the riskiness of the invest-ment rather than the type of investor. Thus, the risk does not change because the City makes an investment; rather,the taxpayer absorbs more risk in order to keep the interest rate low.

    5. Netter, J and Megginson, W From State to Market: A Survey of Empirical Studies on Privatization. Journal of Eco-nomic Literature, Vol. 39, No. 2, June 2001. Available at SSRN: http://dx.doi.org/10.2139/ssrn.26231

    6. Boardman, A and Vining, A A Review and Assessment of Privatization in Canada SPP Research Papers The Schoolof Public Policy

    7. Cox,WandPavletich,H(2013)9thAnnualDemographiaInternationalHousingAordabilitySurveyAvailableonline: http://www.demographia.com/dhi.pdf

    8. See, for example, the Standard Cost Model Network for more detail on this model: http://ec.europa.eu/dgs/secre-tariat_general/admin_burden/eu_scm/eu_scm_en.htm

    9. See Wilkinson, B (2004) Constraining Government Regulation New Zealand Business Roundtable for a more de-

    tailed discussion of this topic.

    10. See Caplan, B. (2006) The Myth of the Rational Voter for evidence of voter information levels. Caplan shows thatvoters sensibly hold low levels of information due to the incentive problems caused by the prisoners dilemma natureof becoming informed.

    11. See Prentice et al. (2010) Taxi Fares and the Capitalization of Taxi Licenses. Available online at http://www.ctrf.ca/conferences/2010Toronto/2010Proceedings/53PrenticeMossmanvanSchijndelTaxiFares.pdf.

    12. See Olsen, M. (1971) The Logic of Collective Action, p. 3, Where small groups with common interests are concerned,

    then, there is however a surprising tendency for the exploitation of the great by the small.

    NOTES

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    26

    ABOUT THE AUTHOR

    DAVID SEYMOURleads the Foundations project to developmarket-oriented policy for municipal government. Seymour returns to Canada

    after a year advising the minister responsible for implementing charter schools

    in his native New Zealand. Previously, he served as the Senior Policy Analyst

    at the Frontier Centre for Public Policy. He is the author of Birth of a Boom:

    Saskatchewans Dawning Golden Age. Seymour holds degrees in electrical

    engineering and philosophy from the University of Auckland.

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    UPCOMING PAPERSThe 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 papers designed to stimulate

    new thought about the role of municipal government in society. Manning Foundation research papers

    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 papers include enquiries into the economics of consultation processes so in vogue at city

    halls across the country and 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 and a normative analysis of what roles government is best equipped to ll. These roles

    broadly divide into an ownership role, a regulatory role, and an expenditure role each of which can

    be over or under played. This stream builds on concepts such as market failure, public goods and

    subsidiarity to identify which activities municipal government does or does not have a comparative

    advantage over other levels of government.

    Upcoming papers include enquiries into the proper role of municipal government as a regulator and as

    a distributor of wealth.

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    28

    3. CITIZEN SOVEREIGNTY

    An enquiry into how well citizens can hold government to account, including monitoring of its

    activities and protecting their natural rights. This stream investigates standards of municipal

    accounting and performance reporting, open government, public safety and intergenerational equity.

    It considers concepts such as open government and open data, and property rights.

    Future papers in this series include enquiries into the quality of performance reporting,

    intergenerational equity with respect to municipal government and open data projects.

    4. THE OPEN SOCIETY

    Open societies share power among a range of dierent institutions, unlike closed societies where itis vested in just one. The Open Society is an enquiry into the role of dierent institutions in the city,

    including the church, charities and associations. This stream has a historical element, it considers

    how these dierent elements have interacted in the past and may do so in the future.

    Upcoming papers include an account of the role of civil society in building Calgary.

    5. MUNICIPAL ISSUE PAPERS

    This stream covers basic elements of public policy, including an introduction to the role of

    government at municipal level, briengs on areas of municipal policy and issue papers framed in

    terms of values, facts and ideas of conservatism applied to municipal policy. Particularly salient policy

    areas include public safety, mobility and aordability.

    MANNING FOUNDATION FOR DEMOCRATIC EDUCATIONwww.manningfoundation.orginfo@manningfoundation.org403.536.8585514 11 Ave SWCalgary, AB T2R 0C8

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