Community governance and the new central–local relationship Gerhard Banner Introduction Community Governance” shows how, over the past few years, a large number of local governDecentralisation is usually regarded as a top- ments have stepped up their endogenous down process with the state “granting” some problem-solving potential and developed a new additional local autonomy. It is indeed the state’s kind of collective identity as “political job to lay down the fundamental legal and fin- enterprises” (Häggroth 1993) with comprehenancial parameters for local government activity. sive responsibility for their territories and popuBut central governments or federal state govern- lations. Next, is a demonstration of how that ments have rarely done this unilaterally. Most development towards “community governance” often local governments and their associated comes up against limits if the state fails to units have been assured a support the process by degree of participation. means of changes to the Gerhard Banner, a former deputy Chief There can be no denying, parameters defining the Executive Officer of a large City however, that for a long scope of community action. (Duisburg) and Director of the Kommunale Gemeinschaftsstelle (KGSt), the time the influence of the Central governments would Local Government Centre for Managestate in this sector was also stand to gain from ment Studies, is now an honorary prodominant. Now things these changes. Finally, the fessor at the German Postgraduate School appear to be changing. For last section advocates a proof Administrative Sciences and a consultsome time, the relationship active strategy on the part of ant to various organisations involved in local government modernisation nationbetween central governlocal governments, taking ally and internationally. His present ments and relatively autondue account of the basic research interest is in community governomous local authorities in interests of the state. ance and in the central–local relationship, Western Europe usually In line with the Habitat both in international (comparative) perdescribed as “decentralisII Action Plan, the main spective. ation” has seemed to be concern is to point out shifting into a higher gear. avenues for innovation and More and more frequently, the impulses to mod- modernisation. The complexity of the subject ify this relationship have been originating from and the limited space available impose conthe local government level, more especially cessions, which I hope will not significantly from cities and agglomerations. Today, decen- impair the strength of my arguments. tralisation drives go in both directions, top- Specifically, the statements made here apply down and bottom-up. In this process, the only to the kind of nation state that I have central–local balance has shifted towards the concentrated on, i.e., countries with welllocal – and particularly urban – level. developed professional administrations at the This paper is organised so that the outline local government level and a strong central showing how the central–local relationship has government largely able to impose its legal changed comes first. Then, “Emergence of system. ISSJ 172/2002 UNESCO 2002. Published by Blackwell Publishers, 108 Cowley Road, Oxford OX4 1JF, UK and 350 Main Street, Malden, MA 02148, USA. 218 Changing relationships between central and local governments There is a clear dividing line between developments on the European continent and those in the UK. Whereas on the continent there has been a notable withdrawal of the state from the local government level since the mid 1970s, central government in the UK has displayed a firm resolve to penetrate the local government sphere since the early 1980s. On the continent, the state has transferred more and more responsibilities to local government, while in the United Kingdom, from the early 1930s up to the present, there has been consistent erosion of local-government powers and responsibilities. The paradox is that despite these radical differences, we have reason to anticipate a form of convergence between the two areas of Europe rather than further discrepancies. Continental constitutions accord local authorities a high degree of autonomy and a general responsibility for local affairs. This special status for local governments is grounded in the doctrine of subsidiary powers, which decrees that the responsibility for carrying out tasks should be held at the lowest level of government competent to undertake them. On the other hand, continental local governments have traditionally been closely linked with their central governments. In the framework of a hierarchical relationship, the community is regarded as the base unit in the overall structure of public administration of a nation state. As such, it is an all-purpose authority dealing not only with the “voluntary” matters of local selfadministration but also providing services and regulation, which are grounded in state legislation. The state has transferred these tasks to the local authorities, while at the same time reserving rights of supervision and instruction over the ways in which they implement them. The use of local authorities as a base unit of public administration means that central government is largely free of the necessity to set up agencies of its own at the local level. In the last 15 years central governments have made a number of “withdrawals,” particularly withdrawal from legal supervision. For a long time, state supervision exercised over the voluntary self-administration functions of local UNESCO 2002. Gerhard Banner government has, in fact, ceased to be onerous. An exception here is France, where up to 1982 all local council decisions had to be submitted to the Prefect for approval before the local authorities could act upon them. This kind of exante supervision had a highly immobilising effect. Today such ex-ante control mechanisms are declining everywhere. Only in a few areas have states retained rights of prior approval, e.g., in connection with local government draft budgets. But formal ex-post objections by state supervisory bodies (or by administrative courts acting on their initiative, as in France) have become almost equally unusual. Obviously the legality of administrative action is hardly impaired at all by this withdrawal of the state. One of the reasons for this is that in the last 25 years all Western European countries have pursued a policy of community amalgamation. Most of the new, large-scale communities can now afford a professional and legally wellinformed administration. Again, France with its over 36,000 independent communes is an exception. Smaller communities can obtain legal advice from the supervisory body or their local authorities association and they make substantial use of this opportunity. A further control function is performed by the citizens themselves, who can appeal to the courts if they feel that their rights have been violated by the administration. As we have seen, local authorities perform extensive services grounded in state legislation. Here the state often prescribes, in detail, how these services are to be performed, to ensure high standards and guaranteed access. The invariable effect of this type of specific legislation is to make services more expensive. In addition, the law frequently enjoins the local authorities to provide services either free of charge or for fees that are far from covering the cost. But today the financial condition of many communities is so critical that they cannot afford the prescribed quality of service any more. The local authorities associations thus put increasing pressure on central governments and legislators to revoke this interventionist system of regulation. At present, deregulation is on the agenda almost everywhere, with the state usually not abandoning its influence altogether but merely reducing it. The main instances of deregulation are the waiving or reduction of Community governance and the new central–local relationship standards (e.g., over the architecture of school buildings or the maximum size of nursery school groups) and the empowering of local authorities to charge user fees for certain services that are higher than those hitherto permitted. All this amplifies the local scope of action. Much the same effect is achieved when central governments transform special-purpose grants into grants which local authorities are free to use as they think fit. This, too, is a current trend. The ever-increasing intervention of the state in local-level service provision was a phenomenon attendant on the extension of the welfare state in the decades of high economic growth. Today, with the welfare state in crisis, the logical expectation would be for central governments to cut back on intervention. This is, however, something that they are frequently reluctant to do. For example, in 1997 the parliament of the German federal state of North Rhine-Westphalia was debating a bill providing for a five-year pilot project in which 25% of the local authorities in the state would be empowered to undercut the standards prescribed and/or to charge the citizens higher fees in a total of eight laws! The local authorities of North Rhine-Westphalia were up in arms about the restricted scope of this model, which they considered to be arbitrary and absolutely unrealistic in terms of their financial situation. Instead, they called for a more drastic overhaul of the state intervention system on a permanent basis. With the pressure of the crisis behind them it seemed quite likely that they would ultimately succeed. One inevitable consequence of ongoing deregulation is a higher degree of inequality in service standards from one local authority to another. In recent years, the readiness to accept such differences has grown everywhere. In the 1960s, many national governments believed it feasible to “develop” their entire territory along the lines of broadly conceived central planning schemes. Today, insight into the limitations placed on central regulation and, above all, the decline of economic growth and tax revenue, has put an end to this kind of ambition. Here again, France is an exception; remnants of the old central planning philosophy still survive. With money no longer so freely available, the tendency is to concentrate on a UNESCO 2002. 219 limited number of priority projects combining central, local, and private funds. The resulting public–private partnerships rest on complex contractual relationships. These, in turn, tend to make the relationship between the central government and the cities less hierarchical. Also, cities and agglomerations are indispensable as an implementation ground for central government urban regeneration and regional development policies and are fully capable of mobilising forces against central government objectives that are not compatible with their own ideas or cannot be made palatable to their citizens. Hence, something like coadministration tends to evolve in this sector. The devolution of tasks from central to local government may also be interpreted as a symptom of state withdrawal. In France this took place in the 1980s on a massive, intentional scale in the framework of decentralisation. In other countries, the process has been more gradual and unspectacular. The usual official justification proffered for shifting tasks to local government is that of strengthening local self-administration. On closer inspection it usually becomes apparent that central government motives are not quite so selfless. In many cases a task is indeed devolved, but not the full amount of money required for its fulfilment. The state thus sheds a burden at the expense of local government. Altogether, the progressive withdrawal of the state from the local government arena has indeed tipped the scales in favour of local authorities in the central–local balance of power. Although state withdrawal is enforced rather than voluntary – the main factor here being the fiscal crisis – the process has been benevolent rather than antagonistic and has done little or nothing to impair what has usually been a correct and cooperative relationship between central and local governments. In Britain there has been no withdrawal of this kind. On the contrary, there has been a massive intervention by central government into the local sphere. For centuries, British local authorities enjoyed a degree of autonomy unrivalled anywhere else in the world. But this autonomy has no constitutional grounding, so that local authorities were always fully exposed to central government legislation. In addition, local authorities were traditionally regarded as 220 institutions for the provision of services rather than a foundation of society and an integral part of the organic unity of the democratic state. The assumption that local government was the all-purpose local provider faded after the 1920s. A long list can be made of the functions lost over time: assistance for the unemployed (1934); hospitals (1946); the Poor Law duties of relieving destitution and assisting the needy (1948); the control of river pollution (1948); electricity and gas supply under nationalisation programmes (circa 1948); water supply, conservation, and sewage disposal (1974); and personal health functions. Even the local government role widely found elsewhere of providing the “safety net below the safety net” for those in distress has largely disappeared, with the exception of child care (Norton 1989: 5). Most of these functions were reorganised in special agencies under national control because this was held to be more effective. Under the governments headed by Mrs Thatcher things finally came to a head in an openly antagonistic relationship between central and local governments. Almost 200 acts were passed restricting the scope of local government action. The most palpable impact was achieved through laws limiting local government expenditure, as well as those which made it possible to opt out of local government control in the housing and education sectors, and those which subjected a growing number of local government services – ultimately including white-collar services – to compulsory competitive tendering. Thus the regulation of local government administration reached a level entirely comparable with the continent of Europe, and in some cases even exceeding it. On the other hand, this avalanche of legislation also shook out undesirable rigidities within local government and generated substantial energies and stimuli. Compulsory competitive tendering, in particular, forced local authorities to reorganise if they wanted to survive competition with the private sector. The tidal wave of privatisation feared by so many failed to materialise. In fact, 80% of the competitive tenders were won by the local authorities (Walsh 1995: 136). Under pressure from the centre, British local government has become more entrepreneurial, innovative, and in some cases, more customer-oriented than its continen UNESCO 2002. Gerhard Banner tal counterparts. Under John Major the relationship between central and local government became more relaxed, and it can be expected that that relaxation will continue to gravitate towards a more “continental” pattern under the present Labour government (DETR 1998). In other respects, continental Europe appears to be going more towards the British pattern. The “monistic” notion of local government administration as a lower-level “extension of the state”, as found in France and Germany, is obviously losing its persuasiveness. Instead, we appear to be moving towards a kind of “co-operative dualism”, by increasingly playing down the traditional hierarchical elements in the relationship between central and local governments. Right up to the present, the close intertwining between local authorities and the state in continental European countries has inhibited modernisation at both ends. The dualism characteristic of the Anglo-American model holds out prospects for a sustained dialogue between central and local government on innovations in the public sector and their implementation. Emergence of community governance The last 15 years have seen dynamic developments in local government. This section is designed to illustrate the extent to which the identity and the operating modes of dynamic innovative cities have moved away from the traditional running of a local bureaucracy, as well as the development deficits they still need to remedy. In the more dynamic city administrations there is empirical evidence of new attitudes and substantial differentiation in the extent of local government activity. Both these factors are already effecting profound changes in the character of traditional local government administration. Particularly notable are: • Growing awareness of the fact that one’s own city is engaged in competition with other locations, at regional, European, and sometimes even worldwide levels. Thus the cardinal priority is to “carve out a niche for oneself”, to capitalise on the strengths of one’s own location and then “sell” them to the best Community governance and the new central–local relationship possible advantage, using every marketing resource in the book. This means looking far beyond the city limits, and keeping an eye out for competitors, potential investors and national and European sources of funding. • Turning away from the monopolistic attitude hitherto typical of administrative thinking, and turning towards partnerships, joint ventures and contracting with other public, private, voluntary and grassroots organisations, with a view to making development projects, as well as services, politically acceptable and financially affordable. • Bidding to be competitive, so that the market – or market surrogates like comparative performance measurement or benchmarking – are systematically used to offer citizens quality services and at the same time to increase efficiency within the bureaucracy. • Changing attitudes to citizens, with local authorities laboriously doing their best no longer to envisage citizens as potential disturbers of professional administrative work but as a problem-solving resource that should be harnessed as extensively as possible for the good of the local community. This leads to an intensification of communication with citizens, increasingly with the help of modern media. • Reorganising the bureaucracy in order to achieve the objectives of globalisation, market orientation, and democratisation. These changes represent nothing less than a new collective identity and a new operating code for local authorities referred to as “Community Governance”. The term suggests a broadening of the notion of local government beyond its traditional role in the delivery of services to encompass greater breadth in “governing” all aspects of the local community. This implies a shift of emphasis for the local authority from public administration towards political leadership in civil society. Even in the UK, where traditional thinking would appear to be anything but conducive to viewing local government as the central agency for civic leadership and the natural convenor and coordinator of differing local and supra-local interests, most local authorities do indeed appear to be moving in the direction of the model of community governance (DETR 1998, Leach et al. 1994: 242–243). UNESCO 2002. 221 Community governance is infinitely more complex and difficult than the customary handling of hierarchies and monopolies. It calls for the rehearsal of new roles in which the local authority frequently has very little say.1 What is it that prompts local politicians and top management teams to embark on an obstacle course for which their staff and their organisation are usually anything but adequately prepared? The answer is the increasing pressure they are coming under. The driving exogenous forces are: • globalisation, unleashing market forces worldwide and exacerbating location rivalry between cities and agglomerations; • removing obstacles to competition, the development in Europe is again strengthening the influence of the market (particularly in telecommunications, energy, and public transport), while at the same time using the structural funds to cushion untrammelled market impact; • state pressure on local governments to modernise by throttling back on funds, prescribing reform (as in New Zealand) or exposing them to the market mechanisms (as in the UK); and • citizens, who want a performing local authority, becoming more and more vocal in their refusal to have decisions affecting them taken over their heads. Under the onslaught of these four major forces for change, more and more local authorities are realising that the bureaucratic operating code of the past is no longer adequate to ensure effective collective action, to retain the loyalty of their citizens, and to avoid being torn apart by social polarisation. The need to rethink local government has obviously become imperative. In order for the existing infrastructure to function, community governance requires support from the entire local organisation. Its corporate identity, organisational culture, work structures, and management styles must all be geared to this vision. What does the existing organisational infrastructure for community governance look like, as things stand at the moment? This question has been looked into by the Science Centre Berlin in a major international research project headed by the late Professor Frieder Naschold. The initial impulse for this research came from the prize awarded by 222 the Bertelsmann Foundation in 1993 for “Democracy and Efficiency in Local Government,” the criteria for which were very similar to the community governance model (Bertelsmann Foundation 1993). On the basis of international inquiries conducted by experts on local government, 10 cities from 9 countries (Denmark, Finland, Germany, Great Britain, the Netherlands, Switzerland, Canada, USA, and New Zealand) were nominated the front-runners in local-government modernisation in their respective countries. The prize went to Phoenix, Arizona, and Christchurch, New Zealand. Two years later, the Science Centre Berlin began studying the cities nominated for the prize and a number of other cities notable for their modernisation drive with a view to identifying the innovations undertaken there and the effects they were having. The aim of the research was to enrich the exchange of international experience and also to exploit the insights gained as a spur to local government modernisation in Germany. There are two important publications related to the project (Naschold et al. 1997, 1998). Naschold and his colleagues have revealed that for all the individual differences registered, all the cities studied displayed the following modernisation profile (Naschold 1997, Naschold & Daley 1999: 31–32): • The internal modernisation of the administrative organisation along private-sector lines has gone farthest. This is reflected in the formation of business units with a high degree of managerial scope. These units are expected to achieve clearly defined results and are given globalised budgets for the purpose. The high degree of autonomy granted to the business units has the spin-off effect of strengthening the centrifugal forces operative in the organisation; this makes consistent corporate policymaking and strategic management more difficult. • Less marked, at present, is the degree of market orientation (competitive tender for local authority services, sometimes resulting in privatisation and legal autonomy for administrative units). However, the trend in this direction is a very dynamic one. • Least well developed are democratisation strategies. These are defined by the research team as the degree of freedom of local authorities from central government intervention, UNESCO 2002. Gerhard Banner the co-development of administrative and political organisation, and above all, citizen and community participation in the definition and surveillance of local government services and policies. A large number of instruments are being employed to this end, but they have yet to be incorporated into a consistent democratisation strategy. Also, this area has the smallest growth rate. Naschold has established that in half the cities studied the modernisation process appears to have achieved stability, while the other half display stagnation or even de-modernisation tendencies (Naschold 1997: 23–24). In his view, the reason for this is that in the latter the modernisation process is too closely modelled in the image of the traditional bureaucracy. Sufficient outside pressure for modernisation has not been brought to bear on the bureaucratic apparatus. According to Naschold, the major external “performance boosters,” without which a genuine modernisation breakthrough cannot succeed, are competition and a quality policy involving empowerment of the citizens and the community. Both contextual factors do indeed have major strategic significance for the realisation of community governance. A typical feature of bureaucracies is the existence of “structural” cost drivers. When the work in one section of an administrative unit increases, the managers in that area instinctively call for more resources: staff, established positions, money, rooms, etc. As long as the bureaucracy is non-transparent, local politicians frequently have no choice but to reluctantly agree to increase the resources. So the elevator only ever travels upwards. Managers are hardly inclined to exhaust all the internal means of reallocating the resources at their disposal before calling for additional resources. The reason is that an increase in budget and staff is generally considered good for one’s career prospects. The creation of result-accountable business units with a fixed budget and defined performance goals does go some way towards counteracting this mechanism, but it does not remove it altogether. The only thing that can eliminate structural cost drivers is competition. By far the most effective form of competition is genuine market testing (Wegener 1997). Here the services delivered by the local administration have to com- Community governance and the new central–local relationship A water pump in Selinkegny (Mali). UNESCO 2002. A Pinogues/CIRC 223 224 pete with services offered by private, non-profit, or other public producers. If, after a fair transition period, the local authority provider proves unable to compete, it loses the service. For local authorities accepting this challenge, market orientation is spectacular in its effect, as almost 90% of services performed by local authorities are (or could be) performed as well by external providers. Thus, in principle, they could be privatised – though there are numerous cases where it would be inexpedient to do so because of prohibitive transaction costs or lack of competition in the market (Deubel 1997: 130, 146). This applies both to local authority end-user services (such as looking after parks and gardens or refuse disposal) and internal services provided by one unit for another (such as personnel administration, accounting, and legal advice). Practical experience indicates that the very announcement by politicians and top management that a service is to be exposed to competitive tendering is sufficient to spark off major rationalisation drives and restructuring, such as the division of purchaser and provider roles. Thus, as a rule, the introduction of market orientation does not lead to privatisation but to competitive provision of services by the local bureaucracy. As we have seen, about 80% of the services put up for compulsory tender in the UK were won by local authority providers. The range of instruments employed to strengthen the influence of citizen participation and community involvement in the definition of services and local government decision-making is broad. They include additional options for choice alongside local authority services in the fields of social services, education and health; service and quality assurances along the lines of the British Citizens’ Charter movement; user panels; citizen and customer surveys; complaints and suggestion systems; citizen consultation prior to final Council decision-making, e.g., on issues of town planning, economic development, or (in New Zealand) on the draft budget; user representation bodies in the fields of housing, social services, and education; support for neighbourhood initiatives to improve the environment, townscape, safety/security, and social integration; the running of institutions by the citizens themselves (on a fixed budget provided by the Council) in the fields of sport, leisure, and youth; and co-planning by local UNESCO 2002. Gerhard Banner authority plus local community in the fields of environment, transport, urban renewal, and urban development (Oppen 1997: 241, Ståhlberg 1997). The city of Hämenlinna in Finland is the only one to use all these instruments. In fact, Scandinavia in general is conspicuous by its practice of what is termed “small democracy” in the Nordic countries. In most cases, however, these instruments are not employed cumulatively to form a consistent participation strategy giving the community any genuine influence on local government decision-making. Most bureaucracies still find it hard to see citizens as a problem-solving resource, and indeed, the ultimate goal of local policy-making. Generally speaking, government is judged against two sets of criteria: efficiency and democracy/legitimacy. These are perceived to be in conflict with each other, at least to some extent, and the values are accorded different emphasis at different times. In the 1960s and 1970s, legitimacy and community participation were considered to be the important values. In the 1980s efficiency was writ large. The 1990s seem to be a period in which the concern is explicitly to strike a balance between legitimacy and efficiency (Ståhlberg 1997: 78). The most important single measure for increasing efficiency is market testing. It leads to a drop in prices. This is not only an advantage for the fee/rate-paying citizen but also for the community as a whole, as the local authority can invest the funds thus saved in other priority areas. The result is that services prized by the citizens need not be cut back, and facilities like lending libraries and swimming facilities do not have to close down. One danger market orientation may bring is a preoccupation with price rather than quality. This is why the service policy must not be dictated by the market alone but also by the community. User and community participation, rightly applied, can indicate to politicians the kind of service profile the citizens want or are happy with. A different danger may also rear its head, that of the affected groups demanding maximum quality (frequently synonymous with maximum cost) for the services they are interested in and thus behaving irresponsibly in terms of the good of the community as a whole. In other words, radical efficiency drives via Community governance and the new central–local relationship market orientation may lead to undesirable losses in quality, while radical legitimacy drives via participation may lead to a cost spiral that cannot be financed. It is the job of political leadership and top management to maintain an equilibrium between the two performance boosters – market and community. This requires permanent persuasion strategies aimed at producing “responsible citizens”. Community governance needs responsible citizens, but one can only demand responsible behaviour in the spirit of community interests if citizens are not only informed about the issues that happen to interest them personally, but are also provided with an overview of the tasks and problems the city as a whole faces. Thus it is of decisive importance for political leaders and top management to make problems, issues, constraints and decision-making processes transparent, and to communicate them competently. Clientelism and a privy-council mentality may sometimes be difficult to avoid, but they are not exactly suitable methods of achieving efficiency or legitimacy. Community governance needs support from the state It is frequently asserted that the corset of legal regulations applied by central governments is so tight that it leaves local authorities no room for modernisation. No one will dispute that some regulations are indeed inimical to modernisation. But as the pioneering cities referred to above illustrate, they still leave an astonishing degree of latitude and room to manoeuvre. The large majority of local authorities fail to make use of the scope thus afforded them. There is a general reluctance to embark on changes that are likely to encounter internal resistance because they are not “bureaucracy-compatible”. Changes of more than negligible import will invariably have an impact on existing power structures and that means there will be losers as well as winners. What assistance can be given to the faint-hearted authorities hesitating to join the modernisation movement? Support from the state is indispensable, and must bring its influence to bear on certain strategic “leverage points” and thus alter the framework of local authority action. The following examples UNESCO 2002. 225 illustrate that this does not mean reinforcing the present system of detailed regulations, single interventions, and controls – a system in which the state is not at the helm but is actually rowing the boat, sometimes on the village pond. What is needed is genuine steering, and steering here means changing the parameters of local collective action to provide sufficient incentive for local governments to move towards greater efficiency and more democracy. The following list of measures is indicative and by no means exhaustive. • Competition: The state should instruct local authorities to expose their services to market competition or, where this is not possible, expedient or desired, to inter-authority performance comparisons (Adamaschek & Banner 1997, Bovaird 2001). The results of this comparison should be reported to the Council and the public. It takes competition to make new structures like business units really effective; competition galvanises them into action. It will be necessary for the state to pass some general regulations ensuring that local authorities engage in fair competition with the private sector. • Citizen and community empowerment for quality services: Local authorities are citizens governing themselves. Thus local politicians and local government bureaucracies are obliged to realise the will of the citizens. This is only possible if the local authority cooperates with the citizens when it comes to deciding what services are to be performed and how they are to be performed. Less articulate or well-organised groups must also be involved in this process. The state should obligate the local authorities to report at regular intervals to the citizenry on the way it has involved the community in policy-making and implementation. Such obligatory reporting will spur competition and support the dissemination of both domestic and international model examples of community empowerment. • Civic leadership: There seems to be a growing awareness that successful community governance, and in particular the strategically important convenor role of local government, are best fulfilled by a visible political executive as it exists in most European countries, with the notable exception of Scandinavia 226 and, until recently, the UK. Such executives can take the form of either an elected mayor or an elected multi-person executive (Hambleton 2000). But an additional problem has arisen. Changing hierarchically organised administrative set-ups into result-accountable business units and re-routing local government activity away from City Hall and towards legally autonomous companies or associations means transforming local government into a conglomerate body that is increasingly difficult to steer. The weight of traditional City Hall bureaucracy and its political and administrative leadership declines, while the centrifugal forces of the “periphery” increase. It is therefore necessary to create a leadership structure that preserves the ability of elected politicians and top management to steer the local programmes and services in the overall interests of the community, whether they are performed by the City Hall bureaucracy, city-controlled companies or associations, voluntary non-profit organisations or the private sector. This steering function is at the heart of community governance in action. Here the Scandinavian free commune experiments might be emulated, introducing an experimentation clause,2 which on a trial basis frees interested communes from legal regulations prescribing a specific leadership structure or a specific legal status for leaders. In this way various models could be tried out in practice before being cemented in the form of legislation. What legislators should do right now, however, is to obligate the local councils to concern themselves with the entire range of local services – not only the ones provided by City Hall itself – and to report on this to their communities. • Responsible citizens: In New Zealand, the Councils are legally obliged to present the draft annual plan – a compact, understandable version of the draft budget emphasising the political priorities – to their citizens and to discuss it with the existing community boards and the various local interest groups before the council finally passes it. The result is regarded as a contract between the council and the community. If, in the course of the year, the council decides it needs to deviate from the plan to any significant extent, it has to put this to the citizens for approval. The UNESCO 2002. Gerhard Banner discussion of the draft annual plan, involving council members and top managers on the local government side, is extremely intensive and usually takes four weeks (Gray 1994: 54). This procedure guarantees two things: first, the council can be sure that the plan is adopted in full cognisance of the will of the citizens – at least to the extent that the citizenry and local groups have put their views forward. This makes it more likely that the council’s policies will be accepted. Second, the council thus ensures that, at one point in the year at least, interested citizens are given a general overview of the problems facing the city. As such, it is an attempt to mitigate the one-issue mentality normally (and understandably) displayed by the general public and to appeal to the “responsible citizen”. In some countries – Germany, for instance – the citizens can initiate referenda, the outcome of which is binding on the council. This tends to have a de-legitimising effect on council decisions. Consultation on the annual plan, as practised in New Zealand, would in many cases indicate the citizens’ will to the council in such a way as to give it ample time to respond. • Budget discipline: Central governments legitimately attempt to force local authorities to balance their budgets. To this end they use a variety of control instruments. A plethora of unbalanced local authority budgets would put the central government itself into a political and financial dilemma, but especially in times of public finance crises, it is difficult for central governments to keep local budgets on course via legal supervision. This is especially true of large, politically influential cities. The reason behind this is that many councils are generous in spending and do not regard a balanced budget as a primary political goal. They prefer to do the things that will please the voters. If things get out of hand, the central government will always step in, or so they hope. Hence the state should discontinue its attempts to warrant balanced local authority budgets and leave this business to the market, i.e., the banks providing the loans (and the bond subscribers). As soon as the market no longer has the feeling that the state will stand in for local authority debts, there will be more interest in the fin- Community governance and the new central–local relationship ancial standing of their local authority debtors, and that means ratings. This, in its turn, will make the financial standing of each and every local authority into a public issue. At the next election, the voters can punish the councillors for mismanagement. The result is that a balanced budget will immediately become a top political priority (Banner 1997b). This is indispensable, both politically and economically, because only a sound budget contains the action options needed by any local authority if it wants to take advantage of development opportunities and offset development risks in time. A budget deep in debt, on the other hand, spells the end of any meaningful local autonomy. • Charging: Subsidising services (whoever provides them) should be restricted to those cases where there are sound socio-political, macroeconomic, or local economic reasons not to charge them in full or in part to their beneficiaries. Moreover, the state should not force local authorities to provide services free of charge or below cost, as this leads to a misallocation of resources. Experience shows that citizens who have to pay for local services are more likely to keep an eye on local decision-making processes and also keep tabs on the local bureaucracy. Hence local authorities should be obligated to report on how high the fees they charge are in comparison with other local authorities. • State funding of local authorities: In countries where the state partly finances local authorities via general-purpose grants, it should make a substantial part of the allocation dependent on the individual authority’s modernisation achievements. This would provide incentives for local authorities to improve performance and enhance community involvement. Such a measure promises major impact, as we know from experience that local authorities are highly reluctant to expose themselves to criticism for failing to capitalise on government funding. • Territories and powers for the meaningful exercise of democratic governance: In some countries (e.g., France), the majority of local communities are small, and this makes them too low in performance and powers to implement a meaningful form of community governance. This defect can be offset to some UNESCO 2002. 227 extent via organised cooperation among local authorities, but only if the population directly elects the supra-local political body. Frequently, however, indirect voting takes place. The consequence of this is that a major proportion of local services are divorced from direct political legitimisation. The same effect sets in if a large number of services of purely local relevance are performed by special agencies, again not subject to election by the voters. This is the case in the UK. Central government should create territories with an area and responsibilities sufficient to ensure that community governance can in fact be realised and the voters can genuinely hold their elected representatives accountable for what they do. The measures proposed here are by no means synonymous with (possibly unlawful or even unconstitutional) interference in the autonomy of local authorities. The point being urged is that it is imperative to change the existing parameters in such a way as to provide an incentive for local politicians and leading managers to actually do what they are expected to do by law: run their communities responsibly, economically, and in accordance with the will of the citizens. In view of all this, there are many indications that in future central governments will steer local authorities by means of a newly designed legal framework integrating three high-impact factors: (1) empowerment of the market via competition; (2) empowerment of the local community via participation; and (3) transparency of and sustained public discussion on City Hall performance. Such a renewed legal framework will release so much responsible self-steering potential at the local level that the state can afford to further reduce its traditional arsenal of individual interventions and controls. This means that it can largely do without a control apparatus that is both costly and, as we have seen, increasingly ineffective. If the state gradually cuts back on its traditional system of checks, and moves over to “new steering”, this would have no repercussions on its basic development, compensation, and financing responsibilities, nor on its continuing general responsibility for local government. What changes for central government are its steering philosophy and the “tools” 228 that it uses. The definition of expedient parameters for action at the local level and the constant updating of those parameters is a complex strategic task demanding more from the state than simply issuing regulations and making sure they are observed. However, the really big challenge coming from such changes is for local authorities. The new framework places them under much greater pressure to deliver efficiently than the state could ever exert via extra regulations and controls. Might this whole thing be a zero-sum game in which the state loses out and only local authorities and communities stand to gain? True, the state will no longer be able to regard local authorities as a kind of downward extension of the state bureaucracy and the state budget. Its new relationship to the local authorities is marked by less hierarchy and greater partnership in the form of “cooperative dualism.” Instead of the part the state has traditionally played in rowing, it performs a steering role that is not only more effective but also frees it of control functions. As well, greater autonomy and responsibility accorded to the local authorities has the congenial effect, for the state, that local authorities have to take the blame themselves for their failures and can no longer pass the blame to the state. This also works in the opposite direction, of course. So both central government and the local authorities stand to gain. This, in itself, should be sufficient to prompt both sides to take advantage of the new opportunities for change. For a highly eloquent example of a renewed central– local relationship we need only look to New Zealand (Banner 1997a). Proactive strategy by local governments The interface between the state and the local community traditionally develops in the form of discrete changes. The initiative usually comes from the state. The normal course is for the central government to propose an alteration to existing legislation and for local authorities to react to that proposal. Such discrete responses represent a dispersal of local government energies, which are thus frequently invested in issues of secondary importance. This is a game UNESCO 2002. Gerhard Banner in which the local authorities have nothing to gain and the state can do nothing to halt the erosion of its controlling influence. Breaking away from an ever more dysfunctional hierarchical system of central–local relations and redefining them along partnership lines cannot be achieved by piecemeal adaptation; there has to be an overall strategy behind it. Local authorities are going to have to take the initiative and the conceptual leadership in such an overall strategy. There are two reasons for this. The first has to do with the respective stakes involved. The political energy of the state is fully absorbed by the large policy sectors, such as education, the labour market, pensions, the social system, health, and public finance. Almost everywhere, these sectors are in a state of crisis and hence the subject of heated public discussion. Sector policies are of existential moment for the state; redefining the relationship with local government is not. Hence the local authorities have to be the motor for change and pull the state along with them. The second reason calling for a proactive strategy by local authorities is their distinctive management capability. In all the countries considered here, the organisation and processes of local government – this applies not only to the front-runners previously mentioned – are more flexible and modern than central government structures. The main reason for greater modernity at the local level is probably that financial constraints and the increasingly vocal demands of the citizens have a much greater immediate effect locally than centrally. Whereas local authorities feel the need to modernise, many central governments still believe they can carry on much as before. A notable exception to this rule is the central governments of Britain and New Zealand. In continental European countries, however, there appear to be few prospects in the next few years for state-initiated reforms aiming at a redefinition of the central–local relationship. However, there is another reason for the higher degree of modernity at the local level. Ironically, local authorities take a more “cosmopolitan” approach than central governments. They are incorporated into multi-faceted international networks: town-twinning schemes; numerous international local government organisations with general political or more special- Community governance and the new central–local relationship ised objectives; spontaneous exchange of experience between local authorities with “affinities”, e.g., within Scandinavia (Baldersheim 1996), between the UK and the USA (Hambleton 1997) or between the AngloAmerican countries and the quasi-Englishspeaking areas of Europe (Scandinavia, the Netherlands);3 and international networks explicitly committed to the modernisation of local government administration such as the International Network for Better Local Government sponsored by the Bertelsmann Foundation (Pröhl 1997). When mayors or leading managers meet at an international level, discussion is bound to turn to the different parameters determining local government action in various countries: political and administrative leadership structures; the relationship between elected politicians and the local bureaucracy; the relationship with the citizens; and the relationship with central government. International contacts at the central government level have very different agendas. Thus, at least in the big cities, many local politicians and leading managers are usually well informed about local government developments in other countries. Of course, 229 their interest in learning from others is also fuelled by the fact that local government structures are easier to change than national constitutions. If this international and innovative knowledge is to be made fruitful for the national redefinition of the central–local relationship, the local authorities are going to have to introduce it proactively into the debate with central government. For the local authorities associations conducting negotiations with ministers on behalf of their member communities, a proactive strategy is bound up with unaccustomed requirements. As this strategy can only be successful on a partnership basis, the local authorities associations will ultimately have to regard it as a joint venture with the state – a negotiating position frequently unfamiliar to them. In a traditionally hierarchical relationship it is not easy to be both the weaker partner and the conceptually superior force and yet at the same time negotiate successfully. Ultimately, however, the breakthrough to a new central–local relationship will depend on the speed and determination with which local authorities themselves assert their allegiance to the emerging new local identity. Notes 1. A detailed distinction of local government roles in bringing about strategic objectives was found in Christchurch, New Zealand: Leading Agency (the most influential player); Joint Leading Agency (several major players); Support role (lesser player supporting other lead players); Monitoring/Influencing role (seek mainly to influence other players); and No Direct Influence (but have spin-off or indirect effect on an objective). The following means of expressing these roles were UNESCO 2002. registered: Provider (carry out using own resources); Funder (invest in, grant finance to, or contract others to provide); Regulator (develop and enforce rules governing procedure or behaviour); Promotor/Facilitator (encourage progress or existence of, often by organising or securing financial support); and Advocate (express support for or recommend publicly) (Richardson 1997). 2. The Scandinavian experimentation clauses have been replicated in the local government statutes of most German federal states, but their scope has been narrowed more or less to budgetary and accounting matters. 3. The late start of Germany into local government modernisation in the early 1990s can be partly explained by the fact that Germany is not a quasi-English-speaking country. 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