Society Norm vs Law

When it comes to law and society norm, which one should take precedence? Law abiding citizen will definitely prioritise the law, and rightly so I think or else the order for the city will be disrupted. Everybody should at his/her best complying with the law. Having said this, people always argue about unreasonable legislative requirement or biased towards certain group of people or sometime it is not consistent with the other legislation. Under such circumstances, what should we observe? This especially related to the society norm. For example, environmental law not allowing open burning is not in flavour by some ethnic group as burning of material is used for prayer session. Similarly, municipal law does not allow obstruction on the five foot way but the rule has to be relaxed during certain hour for restaurant operators to place their tables and chairs on the open terrace. We tolerate with such practice as long as it is not physically harmful to us. Of course this perception is allowed as we have not accounted the public cost as our own lost.

General public are empathy with matters related to to the interest of general public. For example, we tend to agree with matter on education, welfare, medical affair in totality and compromise on things that non-comforming to the requirement of rules or law. For example, we might be crumbling for inconvenient but still feel ok with row of cars parking illegally along side the main road in front of the school. Similarly, although we knew but we do not mind to patronise a dirty eating outlet as long as the service, quality of food and price is reasonable.

I presume Malaysian is very accomodative and tolerate with any minor wrong doing as long as it is not causing major disruption to the society. We are of what we are today, I believe because we are not the one to pay directly for the wrong doing, we simply do not care much.

Having said this, under certain circumstances, it is not that we do not care and trying to break the law, but rather choose the best option available. I came acroos a case with a school authority for solving the traffic congestion and car parking problem. Over the last ten years, parents have been parking their vehicles along the main road in front of the school compound and thus causing major traffic problem during off school hour. This has caused big disatisfaction for the neighbouring residents and road users. In solving this, they secure a piece of reserve land nearby for constructing a car park. While waiting for the proper procedure of approval be completed, some donors came forward to offer to donate earth for leveling the site. The earth is dug and carried from the nearby existing construction site and has to do so according to the construction work schedule. The question is while accepting the earth for leveling will violate the law for non compliance, rejecting the offer means the school with limited budget will have to purchase the earth at later date. The cost can go up to few hundred thousand. Under such circumstances, what should the school authority do?

I think it is a case of dilemma between law abiding and society norm. I do not think it is easy to solve unless efficiency in governance, change in perception about society norms and value are all in place. I do not foresee this is forthcoming in very near future.

PJ Sustainable Community Award 2010/11

PJ Sustainable Community Award 2010/11 is back again for the 8 years in running. This prestige community award in recognising the sustainable development efforts done by neighbourhood organisations is the first of its kind in Malaysia. The judging is based on sustainable development criteria namely the green neighbourhood, safe neighbourhood, social integration, good governance and social entrepreneurship. The Award entry is opened to all registered residents organisations, neighbourhood watch and village security and development committee in Petaling Jaya.

Closing date for submission is on 16th June 2011 with a total of RM100,000 is on the offering. On top of that, participating organisation will also be receiving RM1000 each upon evaluation done by the panel of judges.

While community groups have been given ample incentives to implement sustainable community initiatives and rightly so, many good practices have been carried out on the ground. This is evidence with the visit and learning trips by others to these neighbourhood. One wonder if this is the case, then MBPJ as the prime mover for this Award should also be awarded with similar Award amongst the local authorities. However, this is not the case as MBPJ has never accorded the Sustainable City Award. Then, the question is what went wrong? Some presume we might have so eager on asking members of the community to carry out sustainable initiatives that we ourselves have not done enough. Really, soul searching is needed.

Multiple Roles of Local Authority

Some time if we are playing multiple roles, we tend to confuse ourselves as when is the good time to wear an appropriate hat with the right role. For instance, if you are the beneficiary and at the same time as the authority, you might have given self-interest as top priority without even realising it. After all as human we tend to look after own skirt first before considering the interest of others. This is called common sense.

However when it comes to public affair, separation of roles have to be seen clearly and perceived as such. It is important to make it transparent enough for everyone to visualise the roles and functions of an authority has been carried out faithfully and with just. For example, in delivering services, equal distribution of resources without fear and favour is the order.

Having said this, sometime we tend to confuse ourselves on our role and the sequence of events that taken precedence. This, in turn disrupt the right procedure. For example, local authority as the licensing authority, has sometime double up as the owner of facilities. Under this circumstances and in the case of public stall owned by the local authority, the approval for renting the stall should come first prior to the consideration for trading license. Both can be considered concurrently but licensing should not take precedence. Similarly for the application on billboard license on local authority-owned facilities such as overhead bridge and pedestrian overhead walkway. The applicants should apply to rent the facilities from the local authority as the owner first prior to the license application.

As the role of local authority emerges from services providers and regulators to facilitators and enablers for development, multiple roles will be encountered more than often. I presume it is good and timely for the local authority to distinguish it roles and functions clearly and precisely.

Open System in Service

We always say let the best person to do the jobs. Even in the budgeting system, we said manager managed. When it comes to sustainable development, we said Think globally but act locally. So, in the field of management, finance or environment, we all agreed that the best person closer to the root cause of the problems should be given the opportunity to solve the problems. No restriction should be imposed for allowing the best person to be assigned to solve the problems. However, excuse of no such post available to accommodate the best person is always mentioned. Hence, rigid in resources mobilisation becomes thumbling block for the exercise of right sizing and optimisation of resources.

This was happened when it comes to the discussion for organisational restructuring. Many post have been assigned with specific category code and thus allowing the best person which does not fall into that category to be assigned is near impossible. Specific category code is usually assigned based on qualification and professional. For example, engineers or town planners are put under J Category while accountant and valuer are under the W group.

I presume when it comes to management, knowledge and skill should take precedence rather than the qualification and category code. However, I am proven wrongof as the existing system is rather rigid. It is near impossible for one to cross over to other scheme without getting blessing from the top management or political master. To me, for local council to move forward, this restriction should be revisited again. It is time now for local authorities to practice open system, even open sourcing system.

Development Dilemma

While doing right is commendable, doing it at the wrong time might have caused some anxiety. This few days I was fronted by development project proponents on complying with the conditions set by MBPJ. One of them is the need for designing a green building according to the requirement of a local accreditation scheme. After much deliberation, the project proponents confessed that it is rather difficult to comply with the requirement on higher rating simply because the index has been done with little consideration on brownfield development site. For example, it is difficult to meet the criteria on transportation as it is beyond their control or even influence. A win-win solution has to be searched for in order to meet the target of PJ becoming a Green City but with the willing contribution of the project proponents. Perhaps the accreditation scheme authority should do more on encouraging all stakeholders.

There are project proponents complained about contribution with higher amount now. Previously, project proponents will be imposed condition on upgrading infrastructure within the vicinity of their development site, but with the impact of development spreading outward to the regional level, the conventional method is no more appropriate and hence monetary contribution to part share the cost of improving regional infrastructure is imposed. However, while the project proponents reckoned the need for doing so, they complained about the timing of collection for such contribution. They are concerned on making the contribution at the initial stage in which the development project has not even started. However, the authority with the view that since the development projects will have a great impact on the capacity of the existing infrastructure, then by right the capacity should be enhanced first before the development project should go on. I presume both have the logic and justification on their own. Thereby, finding an amicable solution is critical or else stand still on development will be in the near future. This will not help in transforming PJ as a cosmopolitan through urban renewal.

Service Provider vs Producer

In preparing for the discussion on the proposal to restructure MBPJ Council, I did research on the organisational structure for some local council in other countries. What strike me the most is criteria for determining the organisational size and functions. One of them is transforming to be provider rather than remained as service producer. As pace of development in the local council area is getting more speedy, complicated and challenging, Local Authority shouldering the function of providing urban services alone is no more feasible and possible. Functions of local authority providing services on their own with limited resources and aging manpower is not the way forward. For example, it is difficult for aging labourers to perform duties that requiring hard work and energy. Hence, maintaining such manpower performing these services is no more relevant and cost efficiency. Apart from that, services requiring creativity and continue investment for technological updating and maintenance or having higher turn over for staff should also be given thorough thought for out sourcing. No point of keeping these services if it is more cost effectiveness of soliciting the services from externalities. These services include project design, design and publication of material, event management, maintenance of ICT system, equipments and application and others. The role of local authorities is becoming provider of service, not the real on the job service but to monitor the service performance and quality by the appointed private suppliers.

If this is the case, then perhaps local authorities should discard non-core essential services and aim for right sizing of the Council.

Development Solution for Kg Chempaka

Solution for the illegal extension in Kg Chempaka Village met with a deadlock because both the authority and residents cannot agree to the solution. While MBPJ is enforcing the strict requirement of law, the residents are requesting their demand based on past history. Average land area for every individual lot in this village is 2,600 sq.ft. in which it is only half of the land area for a bungalow lot. The problem started when all houses are detached lot without proper set back. Many houses so close to each other in which passage through is impossible and hence create haphazard to fire safety and hygiene problem. In order to minimise the risk of safety and health, MBPJ is requesting all illegally done houses be demolished. However, this order was either ignored or even challenged. According to the villagers, many of them are used to the congested circumstances and so far since the inception of this village almost 50 years ago, no unwanted incidence happened. Why want to take action now?

While nobody is against and can go above the law, the value associated to the past history cannot be ignored either. Perhaps more innovative solutions should be drawn out for the development of this village. For example, allowing semi-detached or terrace type of houses being built so that need for set back requirement can be minimised. Or even consider the development of compact house in which the requirement for set back can be further reduced. I think methods for creative urban regeneration and rehabilitation is urgently required.

Car Parking

Car park provision is always associated with the economic activities. It is an essential service instead of money making instrument. Thereby, it is wrong to prioritise the income generation over the overall strategy for transportation when drafting a car parking policy. However, many of the institutions, be it the local authorities or building owners ignored this fact. Some charge absorbitant price because the demand is high and some sold the parking right for instant return of investment. While charging higher fee as a controlling measure to discourage long term parking in a busy commercial centre can be considered as part of the parking policy, the same cannot be said for some area without parking problem. Hence, providing free parking should be considered if the local circumstance warrant that to be done. For example, providing a more organised and centralised parking bays at the school vicinity in which a lot of parent parking their cars at the road side waiting for the school session finished can be a solution for the traffic congestion.

Car parking policy can be a good instrument to allievieate the traffic problem in the city centre. If the demand is higher, then short term parking should be encouraged. This will discourage car parks being occupied for longer hours. On top of that, efficient public transportation will also encourage people to not come to the city centre with private mode of transportation.

I presume drafting the car parking policy is not the sole responsibility of the people in financial management, but rather transportation planning and enforcement should also be involved.

5th Anniversary Celebration of PJ City

Coming to 20th June 2011, Petaling Jaya City Council will be celebrating the 5th Anniversary as a city. It is a day to be shared by all Petaling Jaya residents and stakeholders. Preparatory meeting was held to few days ago to kick start the programmes. I told the meeting to consider programmes that are inclusive for all. The programmes should be participated and enjoyed by all walk of life. Very often, when it comes to programmes planning, we forget about the need of the target group and rather put up programmes that the organiser thinks should of interest to the end users. This, most of the time proven wrong and at the end of the day money spent is not worth the efforts.

I did also suggest we should explore programmes with potential for future expansion and to take into consideration the advantages we have in Petaling Jaya. For example, as shopping, health tourism and education have been identified as the major attraction, then perhaps programmes tailored made to these sectors can be planned. For instance, to introduce the best street food in PJ or inviting the international students study in our local colleges to perform international cultural dance in our function.

Thirdly, I have also touched on the need for collaboration and partnership from other stakeholders in this celebration. MBPJ should not organise events alone but rather to invite others to join organising events for the celebration. For example, shopping malls can organise one day sale on 20th June. Similarly, service providers can provide free or complimentary service on that day. Eating outlets can think of free meal. Perhaps MBPJ should consider free on street parking on that day as well. This might reflect the theme of this year budget: "From the people, to the people and for the people".

Fourthly, MBPJ as the city manager of PJ is unable to manage the city alone. We need participation and assistance from other agencies and service providers to compliment each others in enhancing the livability of this city. We have postman delivers mail to every household. We have utilities companies staff to read meter monthly at the neighbourhood area. We have policemen help in diverting the traffic flow. We have rubbish collectors to dispose our waste daily. We have fireman to help in removing the fallen trees or obstruction on the road whenever a natural disaster occurred. so, in conjunction with the celebration, these are the people that we should recognise their efforts. Perhaps to have a reception for them.

Capitalising on the 5th year celebration, it is time for us to recognise and acknowledge residents of Petaling Jaya that have been contributing to the development of the nation and in particular for this city. Contribution can be in the field of environment, economy, social, physical and etc.

I think it is a way for us to say thank you, and I presume people will appreciate what MBPJ is trying to do.

Book on PJ Sustainable Communities Initiatives

The Panel of Judges for Petaling Jaya Sustainable Community Award 2011 has a meeting on Monday evening to brainstorm the proposal to publish a book highlighting the achievements done by various community group over the last ten years. The publication is to commensurate the 10th Anniversary celebration of Local Agenda 21 Petaling Jaya implementation. It is worthwhile to celebrate.

Nobody has thought LA 21 PJ can progress to its present stage when the initiative was conceived in year 2000. Petaling Jaya City Council with 3 other local authorities were selected to implement the pilot project for a period of two years. The purpose then was to identify appropriate model for implementation given that the governance system, demographic profile of stakeholders and legal backing are not entirely similar to other countries who have successfully started off the programme. Everyone was so excited to see LA 21 as another platform for greater public participation towards sustainable development.

While the project initiation and involvement of NGO has provided the important impetus for LA 21 PJ to sustain, it is the commitment and dedication of the residents associations that made local sustainable development on going and prosper. Given the governance structure we have on the ground, it is critical to have the involvement of residents associations. Without them, I cannot imagine of filter down the ideas and concept of sustainable development to the grassroots and similarly the authority will have tough time to understand the problems and challenges on the ground. So, the book must be structured in such a way to pay tribute to the residents associations and to highlight their challenges and success for sharing and replication.

At the same time, the contribution of various partners is unforgettable. These include the NGO representatives, panel of judges who have been with this Award since year 2001, school teachers, agencies and staff of MBPJ. They are the hero behind the screen for facilitating the movement of LA 21 to greater height. They are partly responsible to introduce and market LA 21 PJ to other local authorities and stakeholders. Hence, It is of no surprise as some have nominated LA 21 PJ as the case study for next year Johannesburg's Rio + 20 Conference.

Group Discussion

I was invited to moderate group discussion on formulating the Local Agenda 21 Klang Action Plan last Saturday. It was a refreshing experience for me since last April after my new posting. I saw the enthusiasm of participants in drawing out their plan for implementation. At the initial stage, everyone started talking about what they felt important and critical issues for tackling. Many have related the issues to their own encountering and life experience. To me, it is fine as our active participation in the urban planning process is very much associated to how thing can be resolved and benefited us. However, if we have a strong character in the group for which his idea has been imposed on others by default, then it might become a problem for subsequent steps. For example, If my idea is not accepted not because it is no good but rather because I cannot put my message across due to my own weaknesses in communicating, then the method of discussion and consensus building must be changed.

Realising this worry, I started asking every individual to write down 2 major issues that they think are critical and worth for action taken. I told them to relate to their own daily encountering or the objectives of the organisation they represented or the experience and knowledge they have. From a total of 11 participants, 22 issues were put forth and out of that total, 7 shared the common issue on rubbish and 4 on the security concern. Based on the number, the group discussed again on the common issue for solution. They acknowledged that rubbish is the major issue in Klang and need urgent action. They also acknowledged that other 5 groups are most likely will take rubbish as the common issue and as such have selected security as the issue for action planning.

I guided them through for searching the real causes and effects of security. At first, their concern of security is very superficial and tend to be straight forward. For example, the crime rate is high in an area because the presence of workers and absence of enforcers. However, after running through with them the technique of Problem Trees for cause and effect analysis, they realised that they together with other stakeholders shared the same responsibilities, and of course blame for letting the security problem getting worse as perceived.

They have finally come to conclusion that they are talking about the Safe City Programme as they were told before but have no idea on how to be involved and implemented at the level of neighbourhood and city. At the end, I presume they started thinking and refreshed on how they can play an active role in ensuring a safe city and neighbourhood.

Group discussion for action planning process is worthwhile for consideration. For that to happen, every participants must be given a fair and equal chance to participate.

Culture vs Environment

It was reported that during the period of Ching Meng Festival scheduled on the 5th April each year in which the Chinese will visit the graveyard in remembering their late ancestors, approximately RMB 10 billion worth of paper-made products were burned. It is the believe of the Chinese that their late ancestors have gone to another world upon death and to ensure that they enjoy a better lifestyle, goods ranging from cash, personal care items, houses, cars to jewellery or telecommunication products should be sent to them via burning.

While it is traditionally a must, some have argued that we should have done away with this practice as the burning is a wastage and does not seem to be environmentally friendly. As replacement, perhaps money for purchasing the items can be donated out to charities. Perhaps flowers can also be used for the remembering purpose.

I think better solutions can be found to juggle between tradition and environment.

Happiness

Profesor Richard Layard of LES, the renowned researcher on Happiness Study pointed out that a happy society cannot be measured from the income level, GDP and economic growth alone, but more importantly under what circumstances of the family and society especially the youth and children in. The society will be leading to more violence and unrest if the society is filled with unhappy children and youth because as the forgotten load, they are being marginalised and deprived of the opportunities. The fundamental of a happy society is based on the cooperation and collaboration amongst stakeholders rather than pursuing success and wealth as the basis. In most of the society, the emerging of more millionaires is always equated to unhappiness amongst the people. This serves as a good learning experience for the developing countries or those who are searching for success factor on sustainability.

Chapter 25 of Agenda 21 entitled Youth and Children reminded us on the importance of incorporating these groups in the developmental planning and decision making process. As they are forming 30% of the total population, they have the right to be heard what they are aspiring for their future and society norm. The more the children happier in young age, I believe the chances for us to have created a happy society now or in future is brighter.

Plastic Recycling

Three plastic compactors were delivered to the respective community organisations last two days. It marked the beginning of the Plastic Recycling Campaign organised by MBPJ, MPMA and residents organisations supported by the DANIDA SWMC Fund. It is part of the Local Agenda 21 Petaling Jaya Initiative in encouraging wider scope of 3R. Presently, when it comes to 3R, automatically people are talking about paper, aluminium and glass. Not many talked about plastic recycling simply because it is not economically for the recycling vendor. At time, we blamed the plastic for chucking our drains and rivers. We discarded the plastic bag as if it is the main and only culprit for river pollution.

Not many have looked into the root cause of the problem. To me, the major source of problem is unneccessary, widespread and excessive use of plastic. Basically the presence of plastic is seen and felt everywhere and in every corner of our work place or house. We are not able to disassociate ourselves from the plastic, be it in large quantity or smaller amount. Plastic is becoming part of our life. Hence, magnitude of this problem is also huge, if not managed properly.

The plastic compactor is placed and managed by the residents groups and school. The convenient of placing and accessible by every local people means it is no more an excuse of not doing plastic recycling. People passionate about environmental protection will not mind to practise recycling if it is not that troublesome. Hence, providing an option for these groups are hopefully able to attract higher number of recyclers.

It is a campaign to raise awareness of people on the possibility of plastic recycling. In a way, showing people it can be done, a mind set change makes easier and more convincing.