4.            ELECTION-RELATED RESOURCES POLICY - UPDATE

 

                LIGNES DIRECTRICES SUR LES RESSOURCES LIÉES AUX ÉLECTIONS - MISE À JOUR

 

 

 

COMMITTEE RECOMMENDATION

 

That Council approve the revised Election-Related Resources Policy set out in Document 1 to this report.

 

 

Recommandation DU Comité

 

Que le Conseil approuve la politique revisée sur les ressources liées aux élections énoncée dans l’annexe 1 du présent rapport.

 

 

 

 

 

 

Documentation

 

            1.         City Clerks & Solicitor report dated 24 November 2009 (ACS2009-CMR-CCB-0061)

 

Report to/Rapport au :

 

Corporate Services and Economic Development Committee

Comité des services organisationnels et du développement économique

 

and Council / et au Conseil

 

24 November 2009/ le 24 novembre 2009

 

Submitted by/Soumis par : Kent Kirkpatrick, City Manager/Directeur des services municipaux

 

Contact Person/Personne ressource : M. Rick O’Connor, City Clerk and Solicitor

City Clerk’s Branch/Direction du greffe

(613) 580-2424 x21215, rick.oconnor@ottawa.ca

 

City Wide/à l'échelle de la Ville

Ref N°: ACS2009-CMR-CCB-0061

 

 

SUBJECT:

ELECTION-RELATED RESOURCES POLICY - UPDATE

 

 

OBJET :

LIGNES DIRECTRICES SUR LES RESSOURCES LIÉES AUX ÉLECTIONS - MISE À JOUR

 

 

REPORT RECOMMENDATION

 

That the Corporate Services and Economic Development Committee recommend Council approve the revised Election-Related Resources Policy set out in Document 1 to this report.

 

RECOMMANDATION DU RAPPORT

 

Que le Comité des services organisationnels et du développement économique recommande au Conseil d’approuver la politique revisée sur les ressources liées aux élections énoncée dans l’annexe 1 du présent rapport.

 

 

BACKGROUND

 

In February 2003, City Council approved the Election-Related Resources Policy for the purposes of providing Members of Council and all City staff with direction on the use of Corporate resources and the budgets of Members of Council with respect to election-related matters.

 

The City’s Election-Related Resources Policy is intended to balance the ongoing duty of a Member of Council to represent his/her constituents with the legal obligation of a municipality not to be perceived as contributing to an incumbent’s re-election campaign and has become a benchmark for other Ontario municipalities.

 

In November 2005, the Policy was reviewed in light of the experience of the 2003 municipal election.  At that time, the Election Related Resources Policy was amended by Council to ensure that the prohibitions on the use of Corporate resources or Councillors’ budgets would not apply to “a Member of Council who is acclaimed, or who is retiring from public office and, therefore, not a candidate in the next election.”

 

DISCUSSION

 

In preparation for the 2010 municipal election, the Clerk’s Office has undertaken a review of the Election-Related Resources Policy and have identified a couple of matters which suggest that a minor refresh is necessary.  Staff is recommending updates or revisions to the following two sections:

 

  1. Staff Involvement in Elections
  2. Budget Administration

 

 

1.      Staff Involvement in Elections

 

The above-noted section of the Election-Related Resources Policy deals with the involvement of employees in political activities.  This particular provision is taken from the Employee Code of Conduct, most recently revised in December 2007, and outlines appropriate behaviour by staff engaging in political activity.  It should be noted that this provision applies to all City staff, including those staff working in the office of a Member of Council.  Since the Election-Related Resources Policy was first established in February 2003, there have been very few official complaints lodged regarding a contravention of the Policy by City staff.

 

The recommended revisions to the Election-Related Resources Policy are intended to more clearly set out the rules by which staff must abide in election-related matters.  The specific additions include:

 

·         Employees may participate in political activity providing that no activity takes place during work hours or utilizing City resources; and

·         Employees wishing to run for office (at any level of government) must request and obtain a leave of absence without pay (including an employee of a sitting Member of Council).

 

2.      Budget Administration

 

The Election-Related Resources Policy outlines the distribution formula for the budget of a Member of Council in order to accommodate the term of office during an election year.  The Member Services Sub-Committee adopted this formula in 2002 as part of the Councillors’ Office Manual, which provides the following:

 

During an election year, the office and salaries budgets for Members of Council for the period January 1st to Polling Day shall be restricted to 11/12ths of the approved budget amount, with the provision that subsequent to Polling Day:

 

a.       New Members of Council are allocated a budget equal to 1/12th of the approved budget amount to cover their expenses for the month of December, and

b.      Re-elected Members of Council will have available to them the balance of funds remaining as of Polling Day.

 

In September 2005, the resignation of a Ward Councillor and a subsequent by-election to fill the vacancy highlighted the need for some protocols around Budget Administration in the event of a vacancy.  Similar to the pro-rated budget for a new Member of Council in an election year, staff recommends that a pro-rated budget be established for a new Member of Council in the case of a by-election.

 

In addition to the pro-rated budget, the experience of the Ward Councillor vacancy identified the need for some protocol regarding the administration of the Ward budget in relation to pre-committed funds and obligations.  Similar to the process approved by Council in the Fall of 2005 during the last Ward Councillor vacancy, staff recommends that any pre-committed funds or obligations be brought to the attention of the City Clerk and dealt with on a case-by-case basis.

 

CONSULTATION

 

As this was an internal administrative matter, no consultation was undertaken.

 

LEGAL/RISK MANAGEMENT IMPLICATIONS:

 

There are no legal/risk management implications with respect to this report.

 

FINANCIAL IMPLICATIONS

 

There are no financial implications involved in the adoption of this report.

 

CITY STRATEGIC PLAN

 

This initiative relates to Objective 6 of the Governance Priority: Establish clarity around conflict of interest and code of conduct policies for elected representatives.

 

SUPPORTING DOCUMENTATION

 

Document 1: Revised Election-Related Resources Policy

 

DISPOSITION

 

Staff in the City Clerk and Solicitor’s Department will implement Council’s decision. 


DOCUMENT 1

Election-Related Resources Policy

Department: Corporate Services Department
Branch: Secretariat Services
Authority/Approval Date: City Council, DATE 2009

Effective Date: February 12, 2003
Revision Date:

Purpose:

To provide direction to Members of Council and all City staff on the administration of Corporate resources and Members' budgets with respect to election-related matters.

Principle:

In compliance with the Municipal Elections Act, 1996, public funds are not to be used for any election-related purposes, including the promotion of or opposition to the candidacy of a person for elected office.

 

Policy Elements:

1.         Definition

            For the purpose of this policy, “election-related purposes” refer to the occurrence of a municipal election or by-election.

2.         Campaign-Related Materials

    1. At no time shall Corporate resources and/or Members' budgets be used to sponsor or produce any campaign-related materials. For the purposes of this clause, the phrase "campaign-related materials" means those materials that promote or oppose the candidacy of a person for elected office. Subject to Clause 1(b), this prohibition is not meant to restrict Members from routinely communicating with ward constituents via advertisements, flyers, newsletters, householders or by e-mail. However, Members of Council are responsible for ensuring that any communications or activities funded by the City for each Member's office is not related to an election.
    2. In a municipal election year or in the event of a by-election, Corporate resources and Members' budgets are not to be used to sponsor any advertisements, flyers, newsletters or householders from the day after Nomination Day up to and including Voting Day. This prohibition also applies to the use of any City equipment, facilities or websites if the access is City-sponsored.
    3. Notwithstanding Clause 1(b):
      1. Where an emergency occurs during the period between the day after nomination day and voting day, a Member of Council may use Corporate resources to advise or contact their ward constituents with the approval of the City Clerk and Solicitor; and
      2. The prohibitions set out in Clause 1(b) are not applicable where the City equipment, facilities or website access are available for such use by the public generally and the Member of Council is receiving no special preference with respect to its use.
      3. The prohibitions set out in Clause 1(b) are not applicable to a Member of Council who is acclaimed, or who is retiring from office and therefore not a candidate in the election.

3. Staff Involvement in Elections

The City's "Employee Code of Conduct" states that employees of the Corporation must be, and appear to be, both personally impartial and free of undue political influence in the exercise of their official duties [“Political and Community Activity”, Code of Conduct (December 2007)]

a.       In compliance with the ‘Employee Code of Conduct’, employees engaged in political activities must take care to separate those personal activities from their official positions.  Employees may participate in political activity at the federal, provincial and municipal levels providing that such activity does not take place during work hours or utilize City assets, resources, or property.  Notices, posters or similar material in support of a particular candidate or political party are not to be displayed or distributed by employees on City work sites or on City property.

b.      Further to the ‘Employee Code of Conduct’, employees wishing to run for federal, provincial or municipal office must request, and obtain, a leave of absence without pay, and abide by the respective legislation governing such elections.

c.       Should an employee of a sitting Member of Council wish to run for election or by-election, that employee must begin the required leave of absence immediately upon certification of the nomination by the City Clerk or designate. 

Subsequently, all employee accesses, including email and security, related to the Member’s office will be suspended and all Corporate assets and resources, such as cell phones and electronic storage devices, utilized by the individual as a result of employment within the Councillor’s office must be returned immediately.

4. Budget Administration

a.       As approved by the Member Services Committee, in a municipal election year, a pro-rated portion of the annual budget for each Councillor's office is to be reserved for the new term of Council. This means that up to 11/12 of the budget can be spent by the incumbent Member and 1/12 is to be reserved for the next term. The staff of the City Clerk's Office will monitor expenditures to assist each office in ensuring that the budget threshold is not exceeded. [Ref.: Councillors' Office Manual, Section 4.4]

b.      In the event of a ward or city-wide by-election, or an appointment for a position of Council, funds from the vacated Member’s office will be set aside on a pro-rated basis for the newly elected representative based on the start date of the new Member.

c.       Pursuant to Clause 4(b), any pre-committed funds and obligations, such as web hosting fees, will be brought to the attention of the City Clerk within 48 hours of the certification and will be addressed on a case-by-case basis.

5. Enforcement

Should any written complaint arise regarding the alleged use of Members' budgets or other Corporate resources in contravention of this policy, the City Clerk, or his designate, shall have the delegated authority to investigate it and resolve any issues. If a breach of this policy is confirmed, the Member will be required to personally repay any of the costs associated with the breach.

 

Enquiries

For more information on this policy, contact

Deputy City Clerk
City Clerk’s Branch
City of Ottawa
Tel: 613 -580-2424 ext 28857