Newmarket likely setting up lobbyist registry for upcoming waste contract

Yorkregion.com
Dec. 4, 2015
By Chris Simon

If your company plans to bid on the next northern York Region waste contract, it may be difficult to target the ear of a specific Newmarket council member or employee.

Council is expected to sort out plans for dealing with lobbyists related to the upcoming N6 waste collection contract process during a meeting Dec. 14. A request for proposals will likely be prepared by the end of the year. Once the document is released, the start of a formal procurement blackout period is triggered on lobbying, lasting until the contract is awarded in the spring.

While staff are recommending council approve lobbying framework for the period prior to the blackout, several councillors are pushing to reject one-on-one interaction with lobbyists altogether. Instead, lobbyists could simply make a public address, either through a deputation or an open letter to council, for example.

"If the point is to be as transparent as possible on a very lucrative contract, one that's had a history of proponents reaching out at various levels of government, I'm confused why we wouldn't have a proponent come and sit in a public forum and depute council all at one time prior to the blackout," Regional Councillor John Taylor said. "But you can go and sit down with individual members of council in private (under the framework). Wouldn't that learning be better if we did it as a group in an open setting that's recorded?"

Once awarded, the contract would run from 2017 to 2027. The last time the N6 entered a garbage collection contract in 2007, the deal was valued at about $60 million, a number that should substantially increase now - meaning this is big business for garbage collection companies, the town and the other affected municipalities of Aurora, East Gwillimbury, Georgina, King, Whitchurch-Stouffville, Newmarket, Councillor Dave Kerwin said.

"Whether it's blue boxes, green bins, yard waste or landfill material, it was one of the issues I dealt with constantly," he said. "We should be informed; our residents should be informed. This is a massive RFP that will go out. I want quality over the lowest bid."

While lobbying done in a transparent manner can help council and staff make informed decisions, several Ontario municipalities - specifically Hamilton, Ottawa and Toronto - recognize the pitfalls and have taken steps to ensure the process remains open and ethical, including passing bylaws and hiring registrars, town clerk Andrew Brouwer said.

"Lobbying generally consists of activities that can influence the opinions or actions of a public office holder, which may be an elected official or an employee of a public institution," he said. "The blackout period ensures that there is no inappropriate influence… by proponents and fairness in the evaluation and selection process. We're trying to balance that principle with allowing individual members of council to continue in their representative roles."

Under staff's plan, any representative of a firm providing services identified in the RFP, or who are planning to submit a proposal, would be prohibited from communicating with town council members or staff during the blackout.

If a council member chooses to connect with a lobbyist prior to the blackout, details of the communication would need to be disclosed through the registry. The document would identify the lobbyist by name and address, and the date, time and method of contact. Space would also be allocated for a summary of the communication.

"I'm ever so mindful of the influence and lobbying with respect to procurement," Mayor Tony Van Bynen said. "I'm reluctant to have any presentations here. We should set out what we expect to be done in the contract and then have staff that can measure each of the RFPs. I'm leaning more toward saying absolutely no lobbying. Let people make their best pitch, judged against the criteria we set out."