Public engagement

This chapter will present some guidelines, best practices and requirements for engaging and informing the public regarding local government activities, issues, and processes.  Specifically, this chapter will address:

1. public participation on committees, boards, and commissions
2. other approaches to gathering public input
3. methods and strategies for informing and engaging the public

Various forms of public participation should be encouraged by a council, as it helps to build community commitment and trust. This participation can also give the public the opportunity to influence and help shape the development of policies and programs as well as any significant projects within their community. 

One form of direct public engagement is being a volunteer member of a local government committee, board, commission or project group. It can sometimes be challenging when it comes to engaging the public to strengthen direct participation in local government activities. In some cases, residents might be hesitant to participate in an advisory capacity, or reluctant to accept the responsibility of taking part in a council recommendation process. A well-documented description of the terms of reference and mandate of a committee, and a good description of the duties and term of office for a committee member from the public, can help create a better understanding of what is really involved and could enhance participation.  

The recruitment of volunteers is an ongoing challenge in communities. Some strategies that might be considered include hosting open houses where potential volunteers are given an overview of the respective committees, their purpose and mandates, terms of office, and time commitments. Recruitment of committee members could also take place at annual public meetings, where there is opportunity to pique the interest of those community-minded residents in attendance. 

There are several methods of advising the public of openings or vacant positions for volunteers on committees, boards, or projects. Examples include social media posts that contain links to website information, news releases, and presentations at council meetings. 

In some local governments, interested residents are encouraged to fill out an application form for participation on committees of council, and to submit a cover letter or resume to their council stating their interest to serve on a specific ad hoc committee, board, or commission. These names can be forwarded to council for immediate consideration or kept on a volunteer resource list for future reference. Potential names for consideration could also be brought forward by the mayor, council members and/or the sitting volunteer committee members. In all cases, it is a good practice to: 

1. obtain background on the potential committee members (i.e., a resume and a letter of interest)
2. have nomination of members to the various ad hoc committees, groups, etc., sanctioned by council by resolution with a specific appointed term to serve
3. document all members of the various organizations in a committee record book with appointed terms to avoid confusion on vacancies, appointments, terms of office and reappointments

In a local government, a resident has the right to be heard by members of council at either a committee meeting or a regular session of council.  It is possible that council may hear from residents in a closed session if the matter falls under subsection 68(1) of the Local Governance Act. Hearing from individual residents or resident delegations can be a valuable means of ensuring that council remains accountable to the voting public and of obtaining a greater sense of different community sentiments and perspectives. 

When residents are engaged in an issue, it can significantly influence policy and decision-making of council and hopefully result in a better outcome for the community. Residents’ input can be helpful in providing insights, alternatives, and potential solutions to matters of concern within the community. This input may become part of an overall package of information for a future council decision. 

The procedural by-law must include rules or guidelines outlining the process by which a resident or residents’ delegation can appear before a council committee or at a regular council session. If many residents are expected, it is a good practice for the clerk to find out who will be speaking on behalf of the group and how many will be expected to attend from the group. It is also good practice to inquire if any technical equipment, (e.g., laptop, USB, podium, etc.) will be required. The mayor should know beforehand the name of the spokesperson so that proper introductions can be made to council and staff. To ensure that the meeting agenda can be managed, a time allotment should be given to the group for its presentation. Furthermore, time should be provided at the end of the presentation for questions.  

Input and participation can help the council to determine the direction of development and long-term vision for the community. This involvement can lead to mutually acceptable solutions and promote a sense of ownership within the community. 

Under the Local Governance Act, a council may order a plebiscite on any matter within its powers. A proposal that is voted on in a plebiscite must be worded as a question for which a voter may only express a “yes” or “no” answer.  If over 50 per cent of those who vote in a plebiscite vote in favour of a proposal, the council must implement the proposal without delay. (Local Governance Act: 59(1)) 

A plebiscite may be held on the same day as a general election or on any day within the period beginning six months after a general election and ending six months before the next general election. (Local Governance Act: 59(2)) 

The clerk of the local government provides the Municipal Electoral Officer with a certified copy of the council resolution authorizing the plebiscite who shall determine whether the question that is the subject of the plebiscite is a matter within the powers of the local government and is not vague, confusing or unclear. If the plebiscite is going to be held during a general election, the clerk must provide the Municipal Electoral Officer with a certified copy of the council resolution 45 days prior to the close of nominations. (Municipal Elections Act: 46) 

If the Municipal Electoral Officer determines that the subject of the question is within the powers of the local government, the local government will be informed of the decision and advised that the question may be placed on a ballot paper.  The voter’s list to be used shall be the latest voter’s list prepared for the local government, and the plebiscite process follows the usual local government election process under the Municipal Elections Act. 

If the plebiscite is held during the general elections (or with a by-election for the local government), Elections New Brunswick covers the costs.  

If a local government wants to run its own plebiscite, under paragraph 59(2)(b) of the Local Governance Act, the local government must cover the costs, and the process must adhere to the same standards as if the plebiscite was being conducted by Elections New Brunswick. Under subsection 46(2) of the Municipal Elections Act, the clerk of the local government has the responsibility to hold this plebiscite in accordance with the Municipal Elections Act, taking on the role of both the Municipal Electoral Officer and the Municipal Returning Officer.  Elections New Brunswick will provide the clerk with the necessary voters list to conduct the plebiscite but cannot provide any legal counsel on how to administer the plebiscite in accordance with the Municipal Elections Act. 

Prior to the holding of a plebiscite, the council of a local government shall do the following: 

a. prepare a document setting out: 

• the question that is the subject of the plebiscite
• the projected cost, if any, of implementation of the plebiscite proposal
• any other background information considered relevant by the council

b. publish a notice in a local newspaper that sets out: 

• the question that is the subject of the plebiscite 
• the place in the local government where the document may be viewed (Municipal Elections Act: 46(11)) 

Local governments are strongly encouraged to keep the public informed and engaged through various tools available to them. These include having an updated website in place containing key information about the local government and its activities. Social media feeds may also be used to share information, provided they can be properly managed.  

Regular newsletters (posted on a website, printed in hard copy or both) is another way to get information into the hands of residents. Information inserts with utility bills can also be used to share important information and news regarding local government activities. 

The concept of a “town hall meeting” or “open house” held on a regular basis (e.g., perhaps twice a year) might assist a council in better informing and updating residents on various community issues, while providing an opportunity to receive public feedback. Such meetings are also effective when larger projects or initiatives are being considered. These meetings provide improved governance and makes local government more responsive and accountable to the community. 

While open houses may be seen by some to be risky if there are issues on the agenda that the public believes to be controversial, the potential outcomes can be mutually beneficial. These activities can provide the opportunity for a council to build community trust and give the public the opportunity to better understand the business of local government and to offer input on community matters. This forum can also provide council with public feedback on by-laws, policies, the vision, and short, medium, and long-term goals the local government has in place and whether adjustments are needed. 

Open houses and town hall meetings need to be well-managed if they are to result in constructive feedback and effective community engagement. It may be worthwhile having a neutral and experienced moderator to facilitate the session and ensure that communication remains on track, respectful, and focused on the matters at hand.  

Some local governments have begun the practice of creating surveys on their websites to invite public participation and commentary on specific community projects. Examples include obtaining feedback on municipal plans, rezoning plans, yearly construction and roadwork activities and plans, capital projects, policy and by-law changes, and other matters. This allows residents’ participation from the comfort and privacy of their homes. If this interactive online approach is used, managing and properly sorting and summarizing the input received becomes very important. 

In most cases, the chief spokesperson for a local government is the mayor. In fact, the legislation states that the mayor shall speak on issues of concern to the local government on behalf of council. If members of council and administration adhere strictly to the protocol that the mayor is the chief spokesperson for the local government, then the local media will know who to contact for information, unless otherwise stipulated by the mayor and/or council. Conversely, individual councillors should not contact local media on any matter related to council unless directed to do so by the spokesperson and agreed to by the rest of council. 

It should also be emphasized that once a council decision is made, it is important that individual council members respect that decision and should not seek media attention for the position they have on a matter. This will inevitably lead to tensions among council members and negatively affect the public’s view of the local government.        

In some larger local governments, communications specialists are employed to assist with media engagement and messaging. It is recommended that media relations training be provided to elected council members and senior staff. 

A local government must be aware of and sensitive to the relationship between itself and the local media. Providing timely and precise information to the media will help ensure that the reporting of a council meeting accurately reflects the reasoning behind any decision-making or direction that council has given. It will also help in fostering more understanding and a better working relationship between the media and the local government.  

It is important to consider that different people bring different perspectives to council, and that council should consider all perspectives from the people they represent. It is inevitable that some dissatisfied residents will be a part of daily life in a local government setting.In most cases, matters can be dealt with in a professional and timely manner. However, there are always cases where a satisfactory outcome cannot be reached.

Although no staff person or member of council is expected to tolerate unacceptable behaviour or abuse from an individual, it is important that both the appointed and/or elected official remain calm when dealing with a confrontational person. They should document the concern and assure the individual that the matter will be examined. It is sometimes better to hold off on providing an immediate response so that all relevant information can be obtained. It is recommended that local governments provide specific training for staff on how to manage challenging people and difficult situations.

Local government councils are accountable to their residents for the decisions they make and the services they provide. As such, it is important that local governments take measures to ensure transparency and accountability.  

One tool to provide a level of transparency and accountability is the annual report. Section 105 of the Local Governance Act requires the preparation of an annual report by local governments and the Annual Report Regulation provides the specifics on what must be included in this report. This regulation also specifies other information that may be contained in the annual report. The purpose of an annual report is to provide information to residents and increase local government accountability and transparency.  

The annual report must be available for consultation at the Clerk’s office during business hours and it must also be posted on the local government’s website. Local governments do not have to submit their annual report to the provincial government, but they have an obligation to prepare the document and make it available to the public. Local governments must publish their annual report for their previous fiscal year by June 30.