Transition pay for Sohi, silencing street preachers, local food perceptions

Here’s the latest entry in my Edmonton Etcetera series, in which I share some thoughts on a few topical items in one post. Less than I’d write in a full post on each, but more than I’d include in Edmonton Notes. Have feedback? Let me know!

Transition pay for Amarjeet Sohi

There has been a bit of discussion recently about the transition pay that Amarjeet Sohi collected when he left office. As outlined in Council’s Compensation, he collected a little over $46,000 for his 8 years of service (the transition allowance is “three weeks salary for each year served, to a maximum of 36 weeks”).

Prayer Service - International Day for the Elimination of Racial Discrimination
Amarjeet Sohi in March 2015, photo by Paula Kirman

Councillor Michael Oshry feels that by collecting the pay, former-Councillor Sohi went against the spirit of the allowance. He told the Journal:

“What I have a problem with is having a situation where somebody leaves mid-term, is basically quitting the job. I have a problem with that because it’s now their choice to do that.”

The transition allowance has been in place since after the 2001 election which is when a February 2000 motion to implement the final recommendations of the Independent Committee to Review the Renumeration and Benefits of Members of Council took effect. That motion was carried unanimously, by the way. At the time the transition allowance was “equal to 2 weeks salary for each year served to a maximum of six months salary.” Here’s the rationale the committee provided:

“Severance allowances serve the purpose of assisting individuals to bridge the period between the time that they leave a position until they re-enter the workforce in another position. Most severance allowances are linked directly to length of service and include a maximum pay out. In addition, most employees have access to Employment Insurance benefits to help bridge the gap during a transition to another job.

Members of Council currently do not have access to any severance or transition benefits; nor are they eligible for Employment Insurance benefits. The Committee felt that Members of Council should have access to some severance/transition support; however, they felt strongly that the provisions should not be retroactive. Having the current Council establish the policy for future Councils was viewed as a more appropriate and prudent way to manage the transition to this new policy.”

The transition allowance was increased by one week in 2006, with this rationale from the Independent Council Compensation Committee:

“Members of Council are not always in control of when they leave office and the Committee recognizes it takes time for members to re-establish themselves back into the workforce. Employees in government and non-government agencies, when laid off or the position is phased out, would receive some transition allowance and are eligible to receive unemployment insurance benefits for this transition period. Members of Council are not eligible to receive these benefits. The Committee felt increasing the transition allowance by one week per year served allowed for fair remuneration comparable to other jurisdictions and Alberta MLAs, who receive three months salary for every year served.”

Council voted on this issue back in June 2006, and actually made it retroactive to 2001. It passed 12-1, with the only dissenting vote coming from Councillor Mike Nickel (he voted against the entire motion to adopt the report’s recommendations).

The Independent Council Compensation Committee reiterated support for a transition allowance back in 2012/2013 when they last issued a report, stating:

“The existing transition allowance is modest, is comparable to other jurisdictions and to the public sector, and provides appropriate economic protection to citizens who must leave other employment to serve on City Council.”

While I can see the point Councillor Oshry is making, I don’t agree. Amarjeet Sohi served for eight years (in my view quite effectively) and I think he’s entitled to all of the compensation that goes along with that.

Silencing street preachers

Earlier this week Council discussed the “use of amplified noise on City sidewalks”. Street preachers, essentially. Councillor Oshry made an inquiry about the issue back in November, saying that “the use of amplified noise by individuals on public property can often disturb the peace of others and infringe on their peaceable enjoyment of public space.” The two page report notes:

  • Excessive noise is regulated by the Community Standards Bylaw (PDF)
  • Section 14 of the bylaw states that a person shall not cause or permit any noise that disturbs the peace of another individual
  • Enforcement Officers “apply objective standards” to determine if an offence has occured
  • Last year a total of 959 noise complaints were received from citizens, most related to garbage collection, street cleaning/snow removal, and construction
  • Activities related to street preaching on public spaces fall under the protection of the Canadian Charter of Rights and Freedoms

Any legislative change would have to fall within the rights of the Charter, and would also apply to “all variations of amplified noise”, including sporting events and outdoor concerts, so that could make a solution tricky. One idea is to restrict amplified noise in certain locations, such as within a certain proximity to building entrances. Another is to require preachers to obtain a permit, just as buskers must do. Ultimately, Council decided to request a report outlining “what other municipalities have in place to regulate amplified noise in public spaces” and information on legislative options that could be used to address the issue. That report is slated to come back to Council in April.

Bylaw
Fine for Violation, photo by Linelle Photography

Some street preachers are concerned the issue isn’t about noise at all. From CBC:

“I think the noise complaint is really a content complaint, wrapped in a noise complaint,” said Nehemia Smeding, who preaches on street corners twice per week. Smeding said he and his fellow street preachers use amplifiers so their message can be heard over the roar of traffic and crowds downtown.

I generally don’t have an issue with noise downtown, especially during the day. There are often organized protests that wind their way through the core making use of a megaphone along the way. I’m even happy with the odd outdoor concert that takes place on the streets during the summer months. However, because of all the buildings downtown noise is already amplified, even without a speaker. So while I can understand what Smeding is saying about wanting to be heard over the traffic (crowds? really?) I think there’s a reasonable limit. It’s probably too loud when I can hear clear as day on my 12th floor condo on 104 Street the preaching coming from 103 Street and 102 Avenue, which seems to have happened much more frequently in recent months. Blame the nice weather, I guess?

As you might expect, this isn’t the first time the issue has come up. Back in 2000, street preacher Tony Hritzuk was charged for apparent disruptions along Whyte Avenue. But not noise disruptions – he was charged obstructing pedestrians. The Traffic Bylaw (PDF) states that “a person shall not stand or be in any other position on a highway so as to obstruct the entrance to a building or to obstruct pedestrians or vehicles using the highway.” He and his lawyer said they’d fight the charge under the Charter, and the charges were dropped.

Perceptions about Edmonton’s local food system

The Edmonton Food Council (which I am a member of) is running an online survey until February 15:

“The Edmonton Food Council is interested in tracking how Edmonton’s food system is changing over time and would like to hear your thoughts and perceptions about the local food system. The Food Council intends on releasing an annual scorecard of Edmonton’s food system using the results from the following questionnaire.”

Please take a moment to share your thoughts with us! And if you’re not already a member, consider signing up for the Edmonton Insight Community to give input to the City on a wide range of topics each month.

Ward 12 by-election confirmed, Jobber secures $8 million, EndPoverty Edmonton extended

I’m trying something new, where I share some thoughts on a few topical items in one post. Less than I’d write in a full post on each, but more than I’d include in Edmonton Notes. I’ll organize them here. Have feedback? Let me know!

Ward 12 by-election confirmed

We now have a date for the Ward 12 by-election to replace Amarjeet Sohi! Thanks to a 30 day extension from the Province, the by-election will take place on Monday, February 22, 2016. That means Nomination Day will take place on January 25. The results of the election will be made official on February 26 by noon.

As Dave noted earlier today, there are seven candidates who have announced they’ll run in the by-election so far. The successful candidate will be sworn in at a special City Council meeting on February 26 from 1-2pm. Then they’ll face an aggressive orientation and training period from February 29 to March 4.

Amarjeet Sohi - Ward 12
Amarjeet Sohi on Nomination Day in 2013, photo by Dave Cournoyer

The City’s estimated budget for the by-election is about $300,000. That includes $130,000 in wages and salary, $90,000 on communication and legal advertising, and $55,000 on technology. As for what it’ll cost to run, there could be quite a range. Back in the 2013 municipal election, winning Councillors spent between $31,000 and $106,000 with an average of about $73,000. Amarjeet Sohi raised more than $130,000 and spent $85,105.03 to win his seat. My hunch is that less will be spent in the by-election.

As I noted earlier this year, the last by-election on Council took place more than 20 years ago. You can find all the relevant information on the City’s Election page. I guess I better get to work on the dashboard!

Jobber secures $8 million

Local startup Jobber announced on Monday that it has raised $8 million in a Series A round led by OMERS Ventures, with participation from existing investors, Version One Ventures and Point Nine Capital. Founder Sam Pillar wrote about the news on the Jobber blog:

“Jobber’s customers are currently servicing over three and a half million home owners and businesses all over the world, from Vancouver to Toronto, San Francisco to New York, and Johannesburg to Melbourne. It’s amazing to think that our little startup from Edmonton, Alberta, Canada is now being used in over 35 countries to help build better businesses.”

They started just four years ago so it’s pretty incredible to see what they have accomplished already. According to the news release, “more than three and a half million customers have been serviced by businesses using Jobber, with invoices totaling over $1 billion” since they launched back in 2011.

As Eric remarked to me today, there seems to be something about that roughly $8 million mark here in Edmonton. Back in 2012, Mitre Media raised $8.6 million. In 2013, Drivewyze raised $7.5 million in its Series A round. And earlier this year, Granify announced it had raised $9 million in Series A funding.

Congrats Jobber! Another great example of local entrepreneurs building great companies.

EndPoverty Edmonton extended

One of the things Council approved yesterday was an amendment to Bylaw 16765 to “provide additional time for the Task Force for the Elimination of Poverty to fulfill its mandate.” The original deadline for the task force to provide its final report was December 31, 2015 but now they’ve asked for more time “to test the ideas in the Strategy prior to returning to City Council with a comprehensive ten-year implementation plan.” The new deadline will be July 31, 2016 but the task force anticipates reporting back in April. The bylaw expiry has also been changed, to December 31, 2016, to account for time required for questions.

Now let’s tie this back into the first item above! The EndPoverty Edmonton strategy identifies “Make it easier to vote and participate in elections” as “one of the starting points to ending poverty in Edmonton.” In order to get started on addressing that, the City is hosting an online survey to better understand voter needs. Very timely with a by-election coming up in a few months, so take a few minutes to have your say!

You can learn more about EndPoverty Edmonton here. Be sure to follow them on Twitter too.

Edmonton will be well-represented in our new federal government

Though most of Alberta voted blue in yesterday’s election, there were a few key races that went red, including two here in Edmonton. Current City Councillor Amarjeet Sohi narrowly won against incumbent Tim Uppal (Conservative) in Edmonton-Mill Woods, and Randy Boissonnault defeated James Cumming (Conservative) and Gil McGowan (NDP) in Edmonton-Centre.

trudeau & sohi
Justin Trudeau & Amarjeet Sohi, photo by Sukhpreet Benipal

Sohi’s victory (assuming it is confirmed) means that Council will see it’s first by-election in more than 20 years. As I wrote earlier this year, a by-election must take place within 90 days according to the MGA, but the City is planning to ask the Province for a 30 day extension so that the Christmas holidays can be avoided. That will likely mean a nomination day sometime in January with the by-election taking place in mid-February.

Throughout his time on Council, Sohi has proven himself as a strong, effective leader who understands the importance of cities. He could have run for mayor in 2013 if Iveson hadn’t. Sohi has been a consistent supporter of both expanding the LRT here in Edmonton and of our city’s efforts to eliminate poverty. I’m sad to see him go from Council, and although he leaves behind a very capable group of colleagues, I know they’ll miss his wisdom and dedication. At the same time I’m thrilled to have such a great Edmonton champion in our nation’s government.

Randy Boissonnault was the other successful local Liberal candidate. I’m sure he’s excited to get to work in Ottawa, but I bet he could also use a moment to catch his breath as it feels like he has been campaigning forever! Boissonnault has been a consistent supporter of many important initiatives in Edmonton, including TEDxEdmonton and Startup Edmonton. He’ll bring a great Edmonton perspective to the government, and seems to have a strong relationship with Justin Trudeau as well.

Randy Boissonnault
Randy Boissonnault, photo by Dave Cournoyer

Edmonton-Centre was previously held by Laurie Hawn (Conservative) who announced he would not seek re-election after serving since 2006. He defeated Anne McLellan (Liberal) to win the seat, who was at the time the Deputy Prime Minister (the last person to hold that position as the Harper government did not name anyone).

We won’t know until November 4 if either Sohi or Boissonnault are named to Trudeau’s cabinet, but it’s a positive sign that the Prime Minister-elect was in both Edmonton and Calgary on Sunday doing some last minute campaigning.

It’s also a good thing that Edmonton has strong representation from all three parties, because opposition MPs do important work as well. Linda Duncan (NDP) won re-election in Edmonton-Strathcona, and Mike Lake (Conservative) won re-election in Edmonton-Wetaskiwin. Both have represented our city well in Ottawa and will continue to do so, although in slightly different roles. Joining them are new MPs like former City Councillor Kerry Diotte (Conservative) who should also bring an interesting municipal perspective to his new role.

Although we now have fewer Edmonton representatives in the government than we did under the Conservatives, I don’t think that necessarily puts us at a disadvantage. Trudeau and the Liberals are arguably a better fit with progressives like Premier Notley and Mayor Iveson. And the Liberal promise to invest $20 billion over 10 years in transit aligns very well with Edmonton’s top infrastructure priority.

For now I’m cautiously optimistic about what the new Liberal government means for Edmonton, and I’m thrilled for both Sohi and Boissonnault!

Edmonton City Council could have its first by-elections in 20 years

With the potential loss of two Councillors this year, Edmonton could have it’s first by-elections for City Council in more than two decades.

Councillor Amarjeet Sohi, who represents Ward 12, announced in January that he would seek the federal Liberal nomination in Edmonton-Mill Woods. He was acclaimed on February 12. You can see his campaign page here. Sohi has said he would take leave from Council during the election.

Amarjeet Sohi - Ward 12
Amarjeet Sohi, photo by Dave Cournoyer

Councillor Tony Caterina, who represents Ward 7, was named the Progressive Conservative candidate in Edmonton-Beverly-Clareview on March 28. He was first elected to City Council in 2007. Curiously, Caterina has said he will remain active on Council during the election, but will not draw a pay cheque.

Tony Caterina - Ward 7
Tony Caterina, photo by Dave Cournoyer

On the school board side, Sarah Hoffman is running as the Alberta NDP candidate in Edmonton-Glenora. She was elected to her second term on the Edmonton Public School Board in 2013 and stepped down as chair in January. She still holds her seat on the school board.

Sarah Hoffman - Ward G
Sarah Hoffman, photo by Dave Cournoyer

Now that we know the provincial election is taking place on May 5, a by-election for Tony Caterina and Sarah Hoffman’s seats would take place sometime before August 4 (assuming they win office). The federal election is slated to take place on October 19, so if Amarjeet Sohi were to win, a by-election for his Council seat would need to take place by January 16, 2016.

By-Election Rules

Sections 160-168 of the Municipal Government Act deal with vacancies and by-elections for councils. Here are the key points:

  • Resignations must be made in writing and given to the Chief Administrative Officer (in our case, City Manager Simon Farbrother). The resignations take effect on the date they are received.
  • The Chief Administrative Officer must report the resignation to council at the first meeting after receiving the resignation.
  • A by-election must be held to fill the vacancy unless:
    • It occurs in the 6 months before a general election, or
    • The council consists of 6 or more councillors and the vacancy occurs in the 18 months before a general election (and there’s only one) or in the 12 months before a general election and there’s enough remaining councillors to count one more than the majority
  • A by-election must take place within 90 days of a vacancy, otherwise the Minister of Municipal Affairs may order a date for one or take any other action he or she considers necessary.

The next general municipal election will take place on October 16, 2017, which is still about 30 months away, so none of the “unless” clauses apply. If any of the three mentioned above resign, a by-election would need to be held within 90 days. And since it is very unlikely that Councillor Sohi would resign before winning a seat in October, we’ll almost certainly be looking at two by-elections – one for Caterina and/or Hoffman’s seats, and another for Sohi’s seat.

The nomination and campaign periods would be set by Council following the vacancy becoming official. In practice, the City Manager would bring a report to Council to inform them of the vacancies and would make a recommendation on the nomination and election dates. The same would apply to the Public School Board, except it would be the Chief Returning Officer (Alayne Sinclair) that would bring the report.

By-Election History

Edmonton has had six by-elections in the past, the two most recent of which were for councillors making the jump to either provincial or federal politics:

  • 1907 – Morton MacAuley resigned eight months into his term and left politics.
  • 1911 – James McKinley resigned to protest the firing of two city commissioners.
  • 1912 – Herman McInnes and Charles Gowan both resigned.

julia kiniski
Julia Kiniski at a campaign meeting in 1949, courtesy of the Edmonton Archives

  • 1970 – Julia Kiniski died on October 11, 1969. She had held office since 1963, when she finally won after about a dozen previous attempts. Her son Julian won the by-election, and was the last person to be elected at-large in Edmonton as the ward system took effect in 1971.
  • 1984 – Bettie Hewes resigned after being elected as MLA for Edmonton-Gold Bar.
  • 1994 – Judy Bethel resigned after being elected as Liberal MP for Edmonton-East.

What to expect

Although Council has requested that the Minister of Municipal Affairs amend the Local Election Authorities Act to permit alternate forms of voting (which would make online voting possible) that has not yet happened and so online voting would not be an option for these by-elections.

City Clerk and Returning Officer Alayne Sinclair tells me that turnout is often even worse for by-elections than it is for general elections, so the City would try to pick a date that would maximize turnout. There would also be ample opportunity for advance voting.

With provincial and federal elections, and possibly municipal by-elections, all taking place this year, Edmontonians will be busy at the polls.