A drone. Movie nights. A sports trip. Taxpayers paid for these ‘infrastructre’ projects
Councillors in the old city of Hamilton have a $100,000 annual budget to spend with little oversight. The Spectator’s Matthew Van Dongen reports on where the so-called infrastructure cash is going
A $1,000 literary contest prize. A $2,100 Phantom 3 professional drone. A combined $15,000 to help a Scout troop and minor hockey team travel to out-of-town events. About $50,000 over two years to pay for an outreach worker employed by a charitable agency. Two years of funding worth $60,000 to build a website for an arts group.
THOSE ARE JUST A FEW of the grants, sponsorships, salaries and office purchases paid for by councillors from the old City of Hamilton from a little-known discretionary $100,000 budget that is supposed to be spent on infrastructure.
The cash is part of the annual $1.7-million area rating reserve fund available to each councillor in wards 1 to 8.
Each old city councillor can decide how to spend the $100,000 without formal staff or council oversight — and often out of public view.
Critics of the discretionary budget argue it looks like a “slush fund” for old-city politicians because they pick and choose funding recipients without public oversight or a formal vote of council.
They also want to know why the spending is allowed under council rules that otherwise limit city politician office budgets to donations or sponsorships of $350 per organization.
“I just don’t see why you need to make that amount discretionary. It’s highly anomalous,” said Richard Leblanc, a York University associate professor specializing in governance and ethics.
“I am not suggesting wrongdoing is occurring. But the point is how do you know without transparency and robust auditing?”
Contentious cash
AREA RATING SPENDING has always been contentious in Hamilton. The special funding — currently $1.7 million per ward, per year — was created in 2011 out of a council compromise meant to even out post-amalgamation tax rates.
Basically, suburban wards started paying more taxes for services while wards 1 through 8 — rather than getting a corresponding tax break — received dedicated repair cash for old-city infrastructure.
Over the years, councillors have earned both criticism and praise for creatively interpreting the definition of “infrastructure” spending. Most area rating spending decisions are vetted through a council vote. But the public almost never sees how
councillors propose to spend their discretionary $100,000.
Discretionary and out of sight
THE INDIVIDUAL SPENDING items for the $100,000 are not listed in public budget documents and do not require staff approval or a council vote.
That’s because the discretionary fund is meant for small in-year infrastructure priorities or one-time maintenance jobs. They are “not of the financial scale” to warrant individual consideration by council, said city finance head Mike Zegarac.
But small amounts add up, countered Leblanc, who was asked by The Spectator for his opinion on the discretionary spending.
Since 2014, the discretionary funds added up to $3.2 million or $400,000 per old-city councillor, although they don’t always spend the full amount in a given year.
“There should be transparency … Just having a loose guideline is not adequate. It introduces the potential for conflict of interest,” said Leblanc, a director in York’s masters of financial accountability program.
He said at a minimum, he would expect the city’s internal audit team to track and report on the spending. “But as a taxpayer, I would also expect to be able to see that spending in public documents, ideally with a few clicks of a (computer) mouse.”
(Worth noting: Ward 3 Coun. Matthew Green started posting his discretionary spending on his website in November.)
In a recent letter to council, financial planner Viv Saunders called the discretionary cash a “slush fund” that appears geared to “aid incumbents in getting reelected.”
The avid city hall watcher listed examples of spending that did not appear to fit the discretionary policy, including festival and movie night grants, funding for website creation and a staff position at a local charity.
You could argue the dollar amounts spent on non-infrastructure projects are relatively small and the causes often worthy of support.
But that didn’t prevent criticism of former mayor Bob Bratina when he used his office budget surplus to make a $10,000 donation to the United Way in 2011. At the time, many politicians and residents vocally pointed out council members are limited to a $350 donation or sponsorship for any given organization.
The controversy prompted an updated donations policy for council members. It also forced Bratina to break up his donation into $350 cheques to individual agencies supported by the United Way in order to stay within the rules.
Saunders argued using the discretionary infrastructure cash for sponsorships makes it look like councillors are skirting the donation limit to save their office budgets.
Saunders, who previously went to court in an unsuccessful effort to contest city politician election expenses, asked council to pull the discretionary funds out of the 2018 budget.
The city’s finance committee considered Saunders’ letter last month and asked staff to report back on whether the rules around discretionary area rating should be tightened.
Oversight confusion
SO WHAT KINDS of projects qualify for discretionary infrastructure spending?
City reports on the area rating reserve offer random examples of appropriate spending, including “historical plaques, small beautification projects and one-time maintenance initiatives.”
It’s worth noting $100,000 won’t repave your street or fix a bridge. But it might pay for a few hundred metres of new sidewalk, or smooth a rutted dead-end residential court.
Zegarac added the discretionary cash is not limited by policy to city-owned infrastructure, so long as the spending has a “community benefit” or helps leverage funding from other agencies or levels of government.
But he also emphasized city staffers do not formally vet the eligibility of discretionary spending proposals, although they sometimes offer advice. “We don’t approve those (expenditures),” he said. “Those are at the discretion of councillors to approve.”
Nonetheless, several councillors told The Spectator they rely on city staff to give
a thumbs-up — or not — to prospective $100,000 budget spending.
Coun. Terry Whitehead — who had several spending items questioned in the letter from Saunders — called city staff “gatekeepers” responsible for ruling if a proposed project is eligible. “I regularly consult with staff on these expenditures.”
For example, Whitehead said he had prepared a draft motion to bring before council last May to authorize a time-sensitive $5,000 donation to help the 81st Scout Troop “represent Hamilton” at a national jamboree in Halifax, N.S.
His office provided The Spectator with a copy of the draft motion. But Whitehead said city finance staff later advised him a motion was unnecessary.
Coun. Jason Farr has also come in for public criticism of discretionary spending on festivals as well as staff and a website not owned by the city.
The Ward 2 councillor said he supports the idea of making all discretionary spending public and easily accessible, arguing his list of funded projects “as a whole, would see wide acceptance.”
“You can call it a slush fund, but the reality is … these are legitimate requests being made by the community. In each case, using my discretion, I am asking the question: is it of a benefit to Ward 2 or the greater community?”
City staff will report to council on area rating funding — including the discretionary fund and its spending guidelines — later this year.