HomeMy WebLinkAboutCLK 02-17c-�� a�
PICKERING
From
Subject:
Paul Bigioni
Director, Corporate Services & City Solicitor
City Procedure ADM 170-001
- Corporate Resources for Election Purposes
File: A-2000
Recommendation:
Report to Council
Report Number: CLK 02-17
Date: May 15, 2017
That the attached draft City Procedure, ADM 170-001, Corporate Resources for Election
Purposes as required by the Municipal Elections Act amendments, be approved; and
2. That City Policy, ADM 190, Council Compensation Policy, be revised as follows:
a) Section 13.01 shall be amended to allow for a constituent communications budget of
$4,000.00 for the fourth year for website expenditures and constituent communications;
b) Section 13.01 (fl shall be amended to read "in the fourth year of a term of office, all
communications must be delivered to the mailing address by April 30t" in order to be
reimbursed by the City"; and
c) Section 15.02 shall be amended to read "in an election year, the following conditions
shall apply effective May 1 Sr'
Executive Summary: In accordance with Section 88.18 of the amended Municipal Elections
Act, before May 1St in the year of a regular election, municipalities shall establish rules and
procedures with respect to the use of municipal or board resources during the election campaign
period.
Also, further to the Municipal Election Act amendments, the Council Compensation Policy should
be revised to reflect the change of the date on which nomination papers can be filed.
Financial Implications: Adoption of the Recommendations in this Report will result in an
increase of $2,000.00 to eack� Councillor's Constituent Communications budget for the fourth year
of the Term of Office.
Discussion: As provided for in section 11 and 12 of the Municipal Elections Act, the
Clerk, or designate, is responsible for conducting elections and may provide for any matter or
procedure that is not otherwise provided for in an Act or Regulation and, in the Cerk's opinion, is
necessary or desirable for conducting the election.
During a Municipal Election, the City Clerk establishes Clerk's Procedures related to the use of
corporate resources for election purposes. Previously this was considered a Clerk's procedure for
CLK 02-17
Subject: City Procedure ADM 170-001
May 15, 2017
Page 2
information to guide Council through the election process. Most of the information contained within
the attached Procedure is not new, but is now a requirement of recent Municipal Elections Act
amendments. The intent of this Procedure is to provide clarification of the provisions of the Act
relating to contributions to election campaigns.
Further to the Municipal Elections Act amendments and the establishment of this Procedure, it is
also appropriate to revise City Policy_ADM 190, Council Compensation Policy to reflect changes
that occurred due to the change of the date on which nomination papers may be filed.
Attachments:
1. Draft City Procedure ADM 170-001 — Corporate Resources for Election Purposes
Prepared By:
IJ • �J��.� j
Debbie Shields
City Clerk
L��
Recommended for the consideration
of Pickering City Council
Tony Prevedel, P.Eng. �
Chief Administrative 4fficer �
CORP0227-07/01 revised
d/Endorsed By:
Pau
Dire
8� 2�� �" .
rate Services & City Solicitor
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I'iCKE R1 NG
P roced u re
Procedure Title: Corporate Resources for Election Purposes Procedure Number
� ADM 170-001
Reference Date Originated (m/d/y) Date Revised (m/d/y) Pages
Municipal Elections Act
City of Pickering Code of Conduct December 2016 7
Council Com ensation Polic
Approval: Chief A inistrati e icer Point of Contact
City Clerk
Procedure Objective
In accordance with Section 88.18 of the Municipal Elections Act, 1996 (the "Act") before May 1 St
in the year of a regular election, municipalities and local boards shall establish rules and
procedures with respect to the use of municipal or board resources, as the case may be, during
the election campaign period.
Section 88.8 (4) 5 of the Act, states that a municipality or local board shall not make a
contribution to the election campaign of a candidate. The Act also prohibits a candidate, or
someone acting on the candidate's behalf, from accepting a contribution from a person who is
not entitled to make a contribution. Section 88.15 (1) of the Act states that, "money, goods and
services given to and accepted by a person for his or her election campaign, or given to and
accepted by another person who is acting under the person's direction, are contributions".
By defining money, goods and services as being contributions to a campaign, it is clear that the
use of the Corporation's resources (facilities, equipment, supplies, services, staff or other
resources of the municipality) for any electaon campaign or campaign-related activities would be
viewed as a contribution by the municipality to the candidate, which is a violation of the Act.
The intent of this Procedure is to provide clarification regarding the provisions of the Act relating
to contributions to election campaigns. It should be noted that the establishment of guidelines for
the appropciate use of corporate resources during an election period is undertaken to protect the
interests of candidates, Members of Council, City staff and the City of Pickering.
Index.
01 Definitions
02 General
03 Staff Involvement in Elections
04 City Facilities
05 Technology-Related Provisions
06 Communications
07 Phones
08 All Candidates Meetings
09 Discontinued Activities for Members of Council During an Election Year
10 Limitations
11 Exception to this Procedure
01 Definitions
01.01 All Candidates Meeting — a public meeting held to provide an opportunity for
all candidates to explain their election platForm and to answer questions from
the audience.
01.02 Campaign Period — begins on the date a Candidate files their nomination
paper through to voting day. For Federal and Provincial elections the
campaign period begins with the issuance of the writ through to voting day.
01.03 Candidate — a person who has filed a nomination paper to run in an election.
01.04 Corporate Resources — includes any physical or technological resource that
supports the operation of City programs and services including but not limited
to: the City Crest, City Logo, facilities, staff, infrastructure, equipment, supplies,
services, computers, telephone networks, photocopiers, fax machines, email
system, voicemail, wireless equipment, internet, intranet, smart phones,
tablets, consumables related to the above equipment such as paper, toner or
any resource that belongs to or is funded by the City.
01.05 Election Sign — a sign that is intended to influence individuals to vote for or
against any candidate or any referendum question. Election signs include
election material such as buttons, t-shirts, hats, pens, stationary, calendars,
fridge magnets, car magnets/car wraps, etc.
01.06 Employees or Staff - includes full-time, part-time, temporary and contract
employees paid by the City of Pickering. Also includes volunteers that are
working for the Corporation of the City of Pickering.
01.07 Member of Council - Mayor and all Members of Council
02 General
The following procedure applies to all candidates, including an acclaimed Member of
Council or a Member of Council not seeking re-election.
Procedure Title: Corporate Resources for Election Purposes Page 2 of 7
Procedure Number: ADM 170-001
02.01 As provided for in section 11 and 12 of the Act, the Clerk, or designate, is
responsible for conducting elections and may provide for any matter or
procedure that is not otherwise provided for in an Act or regulation and, in the
Clerk's opinion, is necessary or desirable for conducting the election.
Accordingly, any decision regarding the conduct of an e�ection, including the
interpretation and application of this Procedure, shall fall under the authority of
the Clerk.
02.03 No Member of Council may use their position on Council to obtain, garner or
take advantage of any offer of special pricing or betterment that is obtained due
to their association with the City and that would provide an unfair advantage to
that Member of Council over that of other candidates.
03 Staff Involvement in Elections
City Staff are expected to preserve the public trust and confidence in the City. With
respect to elections, employees are expected to promote the principles of transparency,
impartiality, respect, and accountability as follows: �
a) 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) Staff shall not canvass or actively work in support of a municipal candidate or political
party during normal working hours unless they are away from work on a leave of
absence without pay, maternity/parental leave, lieu time, flex day or vacation leave.
c) Staff shall not canvass or actively work in support of a municipal candidate or political
party while wearing a uniform, badge, logo or any other�item identifying them as an
employee of the Corporation, or using a vehicle owned or leased by the Corporation.
d) Staff who are also relatives of any Member of Council or Candidate shall not be
assigned to work as an Election Official, or work on any part of the election process.
e) Staff are advised to be especially mindful of public perception during municipal
elections, and to ensure that their activities neither conflict with nor adversely affect
their duties as City staff. Moreover, staff have a responsibility to ensure that public
resources are not used for campaigning by any person.
04 City Facilities
04.01 Campaigning, distribution or display of campaign material will not be permitted
at any City facility, City event or City meeting whether on municipal property or
not (Exception: All Candidates Meetings).
Frocedure Title: Corporate Resources for Election Purposes Page 3 of 7
Procedure Number: ADM 170-001
05
04.02 Candidates who have filed nomination papers can rent rooms at City facilities
to hold election-related meetings or to solicit/receive campaign funds, subject
to the usual rental charges and permit procedures.
04.03 Candidate signage or election campaign material can only be displayed within
the rented room at a City facility. No campaign material (ie. signage,
brochures, sign-in tables) can be anywhere other than the rented room.
Technology-Related Provisions
05.01 The City of Pickering computer system (hardware, software and network) may
not be used to record, distribute or store election-related material.
05.02 The City is to be reimbursed for all election-related calls and internet usage
from smart phones, home phones and computers/iPads which are funded by
the City.
05.03 Websites or domain names that are funded, owned, or�operated by the City of
Pickering shall not include any election-related material, including advocating
for a political party, or candidates in any election campaign-related purpose,
other than non-partisan election information material that is required for the
proper administration of the election under the Act and basic contact
information for candidates.
05.04 Constituent websites that have been used and funded on the City's website by
Members of Council throughout a term of office cannot be used as an election
website or redirected to an election website.
05.05 On May 1St of an election year, the link from the City's website to any Member
of Council's City-funded or personal website will be severed until after the
election. All expenses related to the personal website will not be reimbursed
from May 1 St to December 1 St
Exception: a link to the Municipality's election webpage is permitted for the purpose of providing
general information about the election.
06 Communications
06.01 In any material printed or distributed by the City of Pickering, Members of
Council are not permitted to:
a) explain or illustrate that an individual (either a Member of Council or any
other individual) is a candidate registered in any election;
b) identify where they will be running for office; or
Procedure Title: Corporate Resources for Election Purposes Page 4 of 7
Procedure Number: ADM 170-001
06.03
c) profile or make reference to Candidates in any election.
Members of Council cannot use the City's telephone system to make or receive
election-related calls.
The City's voicemail system may not be used to record or store election-related
messages.
The following may not be printed or distributed on any election-related
materials or included in any election campaign-related website;
a) reference to any of the City's email addresses, telephone numbers, facility
addresses, or municipally-funded facility addresses;
b) City of Pickering's logo, crest, slogan etc., may not be printed on any
election materials or included on any election campaign-related website;
c) City of Pickering business cards, letterhead, envelopes etc., may not be
used for any purpose associated with a candidates election campaign
and/or advertising; and
d) photographs and videos produced for and owned by the City may not be
used for any election campaign related purpose.
06.05 To assure compliance with the Municipal Freedom of Information and
Protection of Privacy Act, distribution lists or contact lists compiled utilizing
corporate resources or through contact in a Member of Council's role shall not
be utilized for election campaign=related purposes.
07 Phones
07.01 Cell phones provided to Members of Council and paid for by the City cannot be �
used for campaigning purposes. It is recognized that carrying two cell phones
is cumbersome and awkward. An acceptable alternative would be for the
Member of Council to assume 50% of the operating costs of the cell phone
during any Campaign Period, in order for the cell phone to be used for
campaign purposes. ,
07.02 Home4phones paid for by the City cannot be used for campaigning purposes,
however, an acceptable alternative would be for the Member of Council to
assume 50% of the operating costs for their home phone in order for the home
phone during any Campaign Period, to be used for campaign purposes.
� i
Procedure Title: Corporate Resources for Election Purposes Page 5 of 7
Procedure Number: ADM 170-001
08 All Candidates Meetings
�: �
�: �
Organizations conducting All Candidates Meetings will be required to abide by
the following:
a) All Candidates Meetings may be held in a City facility with the approval of
the Clerk, subject to the usual rental charges and permit procedures for
such use;
b) City staff will not provide special or additional services or assistance for the
event;
c) the organization conducting the event must invite all registered candidates
to the event that have registered for the position that the All Candidates
Meeting relates to (i.e. Mayor, all candidates registered for Mayor or a
particular Ward, all candidates registered for that Ward, etc.);
d) the organization conducting the event will not allow candidates to set up
election signage, election literature, or campaign material at the facility
sooner than four hours before the event; and
e) the organization conducting the event will make sure all election signage
and literature is removed from the facility by no later than midnight the day
of the event.
In order to qualify as an All Candidates Meeting, the meeting must be held by
an organization not affiliated with any particular candidate(s).
09 Discontinued Activities for Members of Council during an Election Year
09.01 As per Council approved, Council Compensation Policy ADM190, in an election
year the following conditions shall apply effective May 1 St:
a) no mailing or distribution of constituent communications where the costs
are borne by the City;
b) no mailing or distribution of generic neighbourhood letters or cooperative
letters where the costs are borne by the City; ;
c) no individual advertising where #he costs are borne by the City (i.e.
newspaper ads/columns or advertising in community publications);
� 1
d) no community events can be organized by a Member of Council where the
costs are borne by the City unless approved by the Clerk and organizecl by
City Staff (i.e. safety meetings, government info meetings); and
Procedure Title: Corporate Resources for Election Purposes Page 6 of 7
Procedure Number: ADM 170-001
e) limited amounts of stationary and business cards for Members of Council
can be order.ed to maintain a sufficient supply for day-to-day operations
until after Election Day. •
10 Limitations
10.01 Nothing in this Procedure shall prohibit a Member of Council from performing
their job as a Member of Council, nor impede them from representing the
interests of constituents. �It is however, important to recognize that, as
incumbents, Members of Council's actions and activities will be subject to
increased scrutiny. Members of Council are typically held to a higher standard
and, as a result, the perception of their actions may be more important than the
action itself.
10.02 Nothing in this Procedure shall preclude a staff member from exercising his/her
� civic right and duty to participate in the municipal election process as a private
citizen.
10.03 Nothing in this Procedure shall prevent staff from conducting an election in
accordance with the Act, or providing non-partisan election information material
on behalf of the City so as to inform the public about the election and the
election process. �
11 Exception to this Procedure
11.01 Municipal election information prepared, posted and maintained by Legislative
Services.
11.02 Names, photographs and contact information for Members of Council to
conduct municipal business.
Procedure Title: Corporate Resources for Election Purposes Page 7 of 7
Procedure Number: ADM 170-001