The Corporation of the TOWN OF MILTON

Transcription

1 Report To: From: Committee of the Whole Troy McHarg, Town Clerk Date: April 24, 2017 Report No: Subject: Recommendation: Use of Corporate Resources for Elections Policy THAT the Use of Corporate Resources for Elections Policy, attached as Schedule A be approved; AND FURTHER THAT staff be authorized to amend any other policies as necessary to ensure consistency. EXECUTIVE SUMMARY This report recommends the now mandatory adoption of a Use of Corporate Resources for Elections Policy, which will serve as a guide for members of Council, candidates, staff, local boards of the Town of Milton and the public on the appropriate use of corporate resources. While it is recognized that members of Council must be able to perform the duties of their office during an election year, it is also important to establish clear guidelines to ensure that the election campaigns of sitting members do not receive any benefits by virtue of their office and at the same time clarify the use of corporate resources for other candidates, municipal staff, and the public. This policy was drafted after reviewing the related policies of a number of other municipalities including Burlington, Oakville and Halton Hills as well as Toronto, Ottawa, Oshawa and Barrie. REPORT Background Council s Code of Conduct currently addresses election-related activity as follows: Members of Council are required to conduct themselves in accordance with the Municipal Elections Act, 1996 and any Town Election-Related policy or procedure in place. The use of municipal resources, both actual municipal property and staff time, for election-related activity is strictly prohibited. The prohibition applies to both the promotion and opposition to the candidacy of a person for elected office. Election-related activity

2 Page 2 of 10 applies not only to a Member s personal campaign for office, but also other campaigns for municipal, provincial and federal office. A number of municipalities have similar provisions in their Council Codes of Conduct however, in the interests of accountability and transparency, a greater detailed standalone policy addressing the use of corporate resources during an election period is now required under the Municipal Elections Act, The Municipal Elections Act, 1996 prohibits the municipality and its local boards from making a contribution to a candidate. As contributions may take the form of money, goods or services, publicly clarifying the goods and services, which would not be available to sitting members of Council and/or candidates, would establish reference criteria for all, including campaign workers and municipal staff. Discussion Currently the Town of Milton provides very few enhanced services to sitting members of Council, unlike some larger municipalities which provide office space, dedicated staff and budget allowances. Regardless, this review of corporate resources has included such provisions resulting in an all-inclusive, forward-looking policy. The Use of Corporate Resources policies which have been reviewed address the following issues: 1. Communications, ward newsletters, advertising 2. Media relations, press releases 3. Use of facilities and meeting rooms 4. Use of municipal logos and trademarks 5. Use of resources including phones, printing, stationary, postage 6. General purchasing powers 7. Computer use, websites, website links and social media 8. Access to information and staff 9. Staff involvement in election campaigns 10. Councillor budgets, office furnishings and assistants, where applicable The premise of a Use of Corporate Resources policy is to ensure that all candidates, including sitting members of Council, enjoy the same privileges. With regard to communications, ward newsletters and advertising, there has generally been a date established after which sitting members of Council are precluded from issuing general communications or newsletters to their constituents as a municipal expense. A number of municipalities have used Nomination Day or the day prior to Nomination Day as the cutoff date. In past, Nomination Day had been the second Friday In September, however under the recent amendments to the Municipal Elections Act, 1996, Nomination Day in future, will be the fourth Friday in July. Policies, which do not reference Nomination Day, have differing dates. Burlington s policy establishes July

3 Page 3 of 10 1 st as its cutoff date, Toronto, August 1 st while Ottawa sets the date as 60 days prior to Voting Day. Staff is recommending an actual calendar date as it provides greater clarity to all and proposes January 1 st as the date for cut-off. This date is recommended to ensure the perception of any advantage through the use of corporate resources is minimized as much as is considered reasonable, should members have use of this in the future. Media relations and press releases when addressed in policies cite the Mayor as the spokesperson for council and acknowledge that that role will continue. Use of facilities and meeting rooms vary. Toronto permits the use of municipal facilities for all candidate meetings providing that all candidates are invited to participate. The use of meeting rooms by candidates is not covered extensively in any policy, however, when mentioned, use of meeting rooms is not permitted. If rooms were made available for election purposes to all, a fee would be required to ensure that the municipality was not making a contribution to a candidate. The problems associated with providing equal access to meeting rooms at cost is likely the reason the issue is not covered in many policies and why most municipalities do not make meeting rooms available to candidates. The rental of community centres and arenas however, at the established municipal rate does take place but again, most policies are silent on the issue. Meeting protocol and scheduling of meetings are additional topics covered in some policies. For general meetings hosted by staff, Burlington Councillors in attendance are not seated at the front of the room or at head tables. Cities such as Burlington and Toronto ensure that staff introduce Members of Council in addition to any other registered candidate in attendance at public meetings. Campaigning at meetings is not permitted by any municipality and a number of municipalities reduce the frequency of meetings immediately preceding the election to enable sitting members to campaign and eliminate the potential for election-related delegations. Use of municipal logos and trademarks in any campaign materials is strictly prohibited in all policies. The use of photos is also addressed, in relation to both corporate file photos of council and members of Council in addition to any photos taken with corporate equipment. The general use of standard resources for election purposes is prohibited in all policies reviewed. Such resources include phone and voice mail systems, printers and corporate print facilities, stationary and postage. In addition, a sitting member of Council should not be able to benefit from any corporate rate applicable to the town under general purchasing powers. All municipal clerks provide basic information on their websites relating to candidate nominations, voting information and financial statements. Candidates use of corporate computers, data storage, websites and linkages as well as social media connections

4 Page 4 of 10 are prohibitions addressed in most Use of Corporate Resources policies. At a minimum, a number of municipalities prohibit corporate websites or domain names from including any election-related material and further prohibit any reference on social media sites managed by the corporation to any election information. As of January 1 st in an election year, Burlington removes links to all social media, blogs and external websites from the Council member pages. Oakville prohibits use of the town web site, domain name, links, s or other corporate systems as of Nomination Day and severs any links to election-related web sites, social media links or domain names upon the candidate registering his/her nomination paper. Access to information and staff are also items referenced in various policies. Halton Hills policy states that members of Council shall not solicit additional information and or request additional tasks from Town staff beyond staff s normal daily duties. Toronto and Oakville coordinate all requests for information from candidates through their Corporate Communications departments and provide any requested information to all candidates concurrently. Policies also address staff involvement in election campaigns limiting staff to ensuring that any assistance to a candidate s campaign occurs during their personal time (leave of absence without pay, lieu time or vacation) and not during work hours. Burlington s policy states: staff are discouraged from assisting with municipal election campaigns in Burlington, including posting election signs on their property, phone and solicitation, distribution of brochures and wearing candidate buttons, due to a perceived conflict of interest. Halton Hills policy includes a similar statement, both of which do not absolutely preclude staff involvement in election campaigns but do provide staff with a reminder of the considerations necessary prior to agreeing to assist in any election campaign. Milton Codes of Conduct for staff and Council currently include similar provisions. Councillor budgets, office furnishings and staff assistants are also addressed in a number of policies and while not currently relevant to Milton, have been included in the proposed policy for future reference. Financial Impact There is no financial impact associated with this report. The policy will provide guidelines necessary for members of Council, other candidates and staff during elections in an accountable and transparent manner. Respectfully submitted, Troy McHarg Town Clerk

5 Page 5 of 10 For questions, please contact: Troy McHarg Ext Attachments Schedule A: Proposed Use of Corporate Resources for Elections Policy CAO Approval William Mann, MCIP, RPP, OALA, CSLA, MCIF, RPF Chief Administrative Officer

6 Page 6 of 10 SCHEDULE A PROPOSED USE OF CORPORATE RESOURCES FOR ELECTIONS POLICY 1. POLICY STATEMENT The Corporation of the Town of Milton and its local boards are committed to ensuring accountable and transparent election practices, relating to the use of corporate resources. 2. SCOPE OF POLICY This policy applies to members of Council and its local boards, Town and local board employees, registered election candidates (including acclaimed candidates), registered third parties, and members of the public. 3. POLICY PURPOSE To supplement the provisions of Council s Code of Conduct, Staff s Code of Conduct and the Municipal Elections Act, 1996, to provide consistent information and direction to ensure that the Town of Milton s corporate resources and those of its local boards as defined in the Municipal Affairs Act are not provided or used for any election-related purpose, unless required or directed by staff in the conduct of said election. Where Town, municipal or related terms are used, it shall also be read to include its local boards as applicable. For clarity, local boards of the Town of Milton include the Milton Public Library, the Downtown Milton Business Improvement Area, the Committee of Adjustment, and the Election Compliance Audit Committee. Should any local board of the Town of Milton adopt its own policy governing the use of its resources for elections, such policy shall take precedence over this policy. 4. POLICY 4.1. General Provisions: In accordance with the provisions of the Municipal Elections Act, 1996: a) Corporate resources and funding may not be used for any election-related

7 Page 7 of 10 purposes: b) Staff may not canvass or actively work in support of a municipal candidate or third party during normal working hours unless they are on a leave of absence without pay, lieu time, float day or vacation leave; c) Municipal facilities/property may not be used for any election related purposes, which includes displaying of any campaign related signs or materials on such premises unless all candidates are afforded the same opportunity. 4.2 Specific Regulations: The following, if supplied by the Town, shall be discontinued for all members of Council throughout the period from January 1st of the municipal election year until Voting Day, inclusive or in the case of a municipal by-election, for the period 60 days prior to and inclusive of Voting Day, for any members running as candidates in the by-election: a) All forms of advertising, including advertising in municipal publications; b) All printing, high speed photocopying and distribution, including printing and general distribution and display of newsletters unless so directed and approved by Council; c) The ordering of any stationery or office supplies or furnishings unless approved by the Town Clerk; d) Links to Council member-related web sites or social media links; e) The posting of information relating the activities of Council or any member of Council on the town s website, excluding the minutes of Council and committee meetings. Only the photos and contact phone and/or posted for each member of Council at the commencement of each term shall remain on the corporate website To avoid any confusion with any website or social media accounts used for Council work, members of Council who choose to create or use their own websites or social media accounts shall throughout the period from January 1st of the municipal election year until Voting Day, inclusive or in the case of a municipal by-election, for the period 60 days prior to and inclusive of Voting Day, for any members running as candidates in the byelection:

8 Page 8 of 10 a) Include a clear statement, easily found and readable, on each website or social media account s home page indicating that the account is being used either solely for Council work, for both Council work and election campaign purposes, or solely for election campaign purposes; b) Include the statement in clause a) for as long as the website or account is accessible by the public Members of Council shall not: a) Print or distribute any material paid for by municipal funds that illustrates that a member of Council or any other individual is registered in any election or where they will be running for office; b) Profile (name or photograph), or make reference to, in any material paid for by municipal funds, any individual who is registered as a candidate in any election; c) Print or distribute any material using municipal funds that makes reference to, or contains the names, photographs, or identifies registered candidates for municipal elections; d) Use the corporate website, domain names, other corporate systems, the town crest or logo for campaigning/advertising or as a substitute to distributing newsletters or flyers throughout the period from January 1st of the municipal election year until Voting Day, inclusive or in the case of a municipal by-election, for the period 60 days prior to and inclusive of Voting Day; e) Use the municipality s voic system to record election-related messages; f) Use the town s computer network (including the Town s system) for election-related correspondence; g) Use any photographs produced for and owned by the Town of Milton or any photos taken utilizing town equipment or sent through town accounts for any election-related purposes; h) Use municipal property or staff in any campaign photos or images unless all candidates are afforded the same opportunity. Photos/images of external Town facilities are permitted. Photos/images of internal Town facilities are not permitted; i) Use any corporate facility/property for any election-related purpose unless a market value rental fee has been established corporately and the rental of such is available to all candidates and third parties. Notwithstanding the foregoing, no facility/property shall be rented or used for any municipal election-related purpose by members of Council, candidates, third parties, or the public during any day that voting is taking place on the property, including set-up, hosting, or take-down activities;

9 Page 9 of 10 j) Benefit from the use of any corporate pricing established under the town s purchasing policy; k) Use any Council or Councillor budgets for election-related purposes or to advertise, promote or support any candidate, third party or any position related to any questions which may be authorized to be placed on the ballot Clauses d) g) h) i) above shall also apply to registered candidates, third parties and the public. 4.3 Staff Involvement (see also Human Resources Policy A-01 Staff Code of Conduct): Staff, are discouraged from assisting with or any involvement in municipal election campaigns, including posting election signs on their property, phone and solicitations, signing nomination papers, distribution of brochures and wearing candidate buttons; due to a perceived conflict of interest Staff, including full time, part time and contract employees shall: a) Behave in a manner that is impartial, fair and unbiased toward all registered candidates and third parties; b) Consult with their direct Supervisor prior to agreeing to perform any task requested by a member of Council, registered candidate, or third party that exceeds their normal duties or could be construed as contributing to an election campaign; c) Not rent any corporate facility/property for any municipal election-related purpose to members of Council, candidates, third parties, or the public during any day that voting is taking place anywhere on the property, including set-up, hosting, or take-down activities; d) Take care to separate personal activities from their official positions and shall not canvass or actively work in support of a municipal candidate or third party during normal working hours unless on a leave of absence without pay, lieu time, float day or vacation leave; e) Request and obtain a leave of absence without pay should they wish to run for federal, provincial or municipal office and abide by the respective legislation governing such elections.

10 Page 10 of Staff may be involved in provincial and federal campaigns as long as this involvement does not affect the objectivity with which they must discharge their duties as a representative of the Town. 5. POLICY MANAGEMENT 5.1 Staff are authorized and directed to take the necessary action to give effect to this policy. 5.2 The Integrity Commissioner may at any time be consulted by members of Council with regard to complying with any part of this policy and will be responsible for enforcement of this policy through Council s Code of Conduct. 5.3 Nothing in this policy shall preclude a member of Council from performing their duties as a Councillor, nor inhibit them from representing their constituents. 5.4 The Town Clerk is delegated the authority to make administrative changes to this policy that may be required from time to time due to legislative changes or if, in the opinion of the Town Clerk, the amendments do not change the intent of the policy.