CORPORATE POLICY Municipal Election Protocol Policy SECTION: Communication SUBJECT: Municipal Election Protocol Policy EFFECTIVE DATE: January 2, 2014 Note: This Policy supersedes all other policies and procedures documented regarding protocol pertaining to the Municipal Election POLICY NUMBER: Communication 01 POLICY: To preserve the public trust and comply with the provisions of the Municipal Elections Act, 1996, it is essential that members of Town Council, all election candidates and/or agents, and all Town employees maintain the highest standards of ethical conduct. This policy reflects not only Provincial Law, but also the conduct necessary to set a leading example that reflects sound governance and accountability. DEFINITIONS: Candidate means an eligible elector who has filed nomination papers with the Clerk/Returning Officer, whether certified or un certified pursuant to Section 33 of the Municipal Elections Act. Potential Candidate means a person considering filing as a candidate in the municipal election. Agent means an individual acting on behalf of a candidate or potential candidate. Staff means all full time and part time persons hired by the Town, including but not limited to, the CAO, Executive Directors, Directors, Managers, Supervisors, salaried employees, members of IBEW Local 636, Fire Department Staff and Volunteers, Algonquin Theatre, contract and temporary employees, students and coop placement staff. Town Resources means real property, goods and/or services owned, controlled, acquired, and/or operated by the Town including but not limited to: materials, municipal branding or visual identity, equipment, community recreation centres/arenas/halls, libraries and other facilities, technology, Town databases, intellectual property and supplies. SCOPE: Conduct Staff is expected to discharge their duties in a professional, objective manner at all times. Given that the municipal operations are usually under more scrutiny in an election year, staff is expected to take extra care to ensure that they behave in a manner that residents, members of the existing Town Council candidates Version 1-13
and potential candidates for election see as impartial, fair and unbiased. Staff is not to let any political activity interfere with the performance of his/her duties as an employee of the Corporation of the Town of Huntsville. Outside of the work place, staff is expected to use discretion and judgment when discussing election issues so that their comments do not call into question their professionalism or cause discredit to the Corporation. Staff owes a duty to ensure that his/her office is not used to confer a benefit on any one candidate. Work of a Political Nature Staff is discouraged from assisting with election campaigns outside of working hours due to a perceived conflict of interest based on their privileged position as an employee of the Town. Voting At least three consecutive hours are required to be available to allow employees to vote either before starting or after finishing work. Based on the method of voting being utilized in the 2014 Municipal Election, the Town s normal business hours are such that employees should not have to leave work in order to vote. Requests for Information and Communication with Candidates/Potential Candidates and/or Agents Staff is to remember the formal relationship which exists between Town staff and candidates/potential candidates and/or agents. In order to ensure the protection of the integrity of the election process, a procedure has been established to provide a common and anonymous process for candidates/potential candidates and/or agents to request information for use during their campaign and ensure that municipal staff are able to maintain their neutrality. Enforcement This policy must be strictly monitored and enforced. Staff who contravene this policy may be subject to disciplinary action. Any concerns of non compliance are to be brought to the attention of the Executive Director of Corporate Services/ Clerk and Chief Administrative Officer immediately. Nothing in this Policy shall preclude a Member of Council from performing their job as a Mayor, District Councillor or Ward Councillor, nor inhibit them from representing their interests of the constituents who elected them. Review Period This policy will be reviewed in the year prior to an election year or as required.
POLICIES/LEGISLATION Municipal Elections Act, 1996 Ontario Municipal Act, 2001 Municipal Conflict of Interest Act, 1990 Employee Code of Conduct Policy HR EC 90 Bill 212 APPENDICES Use of Corporate Resources During An Election Year Procedure
The Town of Huntsville USE OF CORPORATE RESOURCES DURING AN ELECTION YEAR PROCEDURE The purpose of this policy is to set out guidelines and expectations for existing members of Town Council, staff, candidates, and potential candidates to follow during municipal election campaigns including the provisions of the Municipal Elections Act, 1996. It clarifies procedures under the Employee Code of Conduct Policy for all Town Employees to maintain the highest standards of ethical conduct throughout the election campaign period, generally recognized as beginning with the municipal election candidate registration date, being January 2 nd, through to Voting Day, in a Municipal Election year. In order to maintain fairness and transparency for all existing members of Council, candidates, potential candidates and/or agents during the nomination and campaign period for Municipal Election, the following procedure shall be utilized for answering any questions related to municipal operations: 1. All staff, existing Council, candidates and/or agents will be provided with a copy of this procedure. 2. A copy of this procedure will be placed on the Town of Huntsville website (election page). 3. The Executive Director of Corporate Services/Clerk will provide notification to staff by e mail when a candidate has filed their nomination papers. Managers are to provide the information to any of their staff who do not have access to e mail. 4. Candidates/potential candidates and/or agents are requested to not ask questions directly of municipal staff regarding the operations of the municipality for campaign purposes. 5. No candidate/potential candidate and/or agent shall compel staff to engage in partisan political activities or subject staff to threats or discrimination for refusing to engage in such activities. 6. All municipal staff have been directed to not respond directly to questions from candidates/potential candidates and/or agents regarding the operations of the municipality for campaign purposes, but rather to refer all questions to the Executive Director of Corporate Services/Clerk. 7. Questions shall be posed in writing addressed to the Executive Director of Corporate Services/Clerk. The preferred method of contact shall be by email (denise.corry@huntsville.ca). 8. The Executive Director of Corporate Services/Clerk shall remove any email addresses, or identifying information and immediately circulate the question to the appropriate Department Head or Chief Administrative Officer for a response. 9. Where the Executive Director of Corporate Services/Clerk, in consultation with the Chief Administrative Officer, determines that: The question requires more research time or, where appropriate, staff are not available to respond within a reasonable time, the candidate/potential candidate and/or agent will be provided with an estimate of when the response will be available;
The question cannot be answered appropriately, for whatever reason, the Executive Director of Corporate Services/Clerk shall immediately inform the candidate/potential candidate and/or agent that an answer will not be forthcoming and shall provide a reason for such a decision. 10. The Executive Director of Corporate Services/Clerk shall respond by e mail to the candidate/potential candidate and/or agents who originally asked the question. 11. Once a response has been provided, clarification may be requested of the Executive Director of Corporate Services/Clerk who will follow the above process. 12. Candidate/potential candidate and/or agent may not use Town facilities, real property, goods and/or services owned, controlled, acquired, and/or operated by the Town including but not limited to: materials, municipal branding or visual identity, equipment, community recreation centres/arenas/halls, libraries and other facilities, technology including town website and email, Town databases, intellectual property and supplies for election or campaign purposes.