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HomeMy WebLinkAboutADM 170-001 Corporate Resources for Election Purposes Procedure Procedure Title: Use of Corporate Resources for Election Purposes Procedure Number ADM 170-001 Reference Municipal Elections Act City of Pickering Code of Conduct Council Compensation Policy Election Sign By-law Resolution #299/17 Date Originated (m/d/y) December 2016 Date Revised (m/d/y) May 15, 2017 March 1, 2022 Feb 27, 2026 Pages 8 Approval: Chief Administrative Officer Point of Contact: City Clerk Procedure Objective In accordance with Section 88.18 of the Municipal Elections Act, 1996 (the “Act”) before May 1st 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 during the election Campaign Period. Section 88.8 and 88.12 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) 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”. The use of the City’s Corporate Resources for any election campaign, or campaign-related activity, are viewed as a contribution by the municipality to the Candidate, and are therefore 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 appropriate use of Corporate Resources during an election period is undertaken to protect the interests of Candidates, Members of Council, City Staff and the City. In addition to local elections, a municipality or local board is also prohibited from contributing to a Provincial or Federal election campaign under the Election Finances Act, R.S.O. 1990, c. E.7 and Canada Elections Act (S.C. 2000, c.9), respectively. Procedure Title: Use of Corporate Resources for Election Purposes Page 2 of 10 Procedure Number: ADM 170-001 Index 01 Definitions 02 General 03 Staff Involvement in Elections 04 City Facilities 05 Technology-Related Provisions 06 Communications 07 Mobile Phones 08 All Candidates Meetings 09 Discontinued Activities for Members of Council During an Election Year 10 Limitations 11 Exceptions 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 attendees. 01.02 Campaign Period – the official Campaign Period of an election for: a) a municipal or school board election where the Campaign Period begins on the first prescribed day for the filing of nominations by Candidates and the first prescribed day for the filing of a registration by a Third Party Advertiser in accordance with the Municipal Elections Act and ends at 11:59 pm on voting day; b) a provincial or federal election where the Campaign Period begins the day the writ for the election is issued and ends at 11:59 pm on voting day; c) a question on the ballot where the Campaign Period begins the day Council passes a by-law to put a question on a ballot to the electorate and ends at 11:59 pm on voting day; and, d) a by-election where the Campaign Period begins the first day for the filing of nominations/registrations in accordance with the Municipal Elections Act and ends at 11:59 pm on voting day. Procedure Title: Use of Corporate Resources for Election Purposes Page 3 of 10 Procedure Number: ADM 170-001 01.03 Candidate – a person who has filed a nomination to run in a municipal, school board, provincial, federal election or by-election, or anyone acting on their behalf. Where referred to herein, the term Candidate shall also mean a Registered Third Party Advertiser or a person or group supporting or opposing a question on a ballot. 01.04 City – The Corporation of the City of Pickering. 01.05 Clerk – the City Clerk for the City, or their designate, who is responsible for conducting municipal elections under the Act as the Returning Officer. 01.06 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, images/photos/videos, Facilities, land, vehicles, Staff, infrastructure, equipment, supplies, services, computers, networks, databases, hardware, software, intellectual property, photocopiers, fax machines, email, voicemail, wireless equipment, internet, intranet, smart phones, tablets, and consumables related to the above equipment such as paper or toner or any other resource that belongs to or is funded by the City. 01.07 Election Sign – for the purposes of this Procedure, any sign that is intended to influence individuals to vote for or against any Candidate or any question on a ballot, including but not limited to, an Election Sign as defined in the City’s Election Sign By-law or other election material such as buttons, t-shirts, hats, pens, stationary, calendars, fridge magnets, car magnets/car wraps, or any other materials used to promote or oppose a Candidate. 01.08 Employees or Staff – includes full-time, part-time, temporary and contract Employees paid by the City as well as volunteers that are working for/providing support to the City. 01.09 Facility or Facilities – any building, property, park, room or other space that is owned, leased, operated or controlled by the City. 01.10 Member of Council – the Mayor and all Members of Council for The Corporation of the City of Pickering. 02 General These Procedures apply to all Candidates, including an acclaimed Member of Council or a Member of Council not seeking re-election, any individual acting on behalf of such Candidate, and all City Staff. 02.01 As provided for in Sections 11 and 12 of the Act, the Clerk 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 election, including the interpretation and Procedure Title: Use of Corporate Resources for Election Purposes Page 4 of 10 Procedure Number: ADM 170-001 application of this Procedure, shall fall under the authority of the Clerk and the Clerk’s determination is final. 02.02 Should a complaint arise regarding the alleged use of Corporate Resources in contravention of this Procedure, the Clerk shall have the authority to investigate and address the complaint. If the Clerk determines that the complaint is legitimate, it will be addressed in accordance with the process outlined below: a) Notify the Candidate: Upon receipt of a complaint under this Procedure, the Clerk shall communicate the nature of the complaint to the Candidate and inform them to cease and/or correct the action that led to the complaint. b) Provide a Second Warning (if necessary): Should the Candidate not comply after receiving the first notice, the Clerk shall follow up and request the Candidate to cease and/or correct the action a second time. c) Escalation: Should the Candidate continue to violate this Procedure and not comply with the Clerk’s direction, the Clerk may give the matter over to the appropriate authorities or the Compliance Audit Committee for their determination of the violation as it relates to contributions to the Candidate’s campaign under Section 88.8(7) of the Act. 02.03 City Staff who observe or are made aware of an apparent contravention of this Procedure shall address the individual or Candidate and shall report the apparent contravention to the Clerk as soon as possible. Corporate Security may be relied upon to support enforcement of this Procedure. 02.04 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 that would provide an unfair advantage to that Member of Council over that of other Candidates. 02.05 No Member of Council may use information obtained through their position on Council in a manner that provides any real or perceived campaign advantage. 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: 03.01 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 Corporate Resources. Notices, posters or similar material in support of a particular Procedure Title: Use of Corporate Resources for Election Purposes Page 5 of 10 Procedure Number: ADM 170-001 Candidate or political party are not to be displayed or distributed by Employees on City work sites or on City property. 03.02 Staff shall not canvass or actively work in support of a 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. 03.03 Staff shall not canvass or actively work in support of a Candidate or political party while wearing a uniform, badge, logo or any other item identifying them as an Employee of the City, or while using a vehicle owned or leased by the City. 03.04 Staff who are relatives of any Member of Council or Candidate are prohibited from being appointed as an Election Official, and cannot work on or assist with any part of the election process. 03.05 Staff are advised to be especially mindful of public perception during 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 Corporate Resources are not used for campaigning by any Candidate. 03.06 Candidates, including municipal incumbents, have the same right of access to information as a member of the public. Requests for information that are not typically publicly available or may contain sensitive Corporate or personal information must be coordinated through the Clerk’s Office so that the Clerk can determine whether the information can be routinely disclosed or whether the Candidate must go through the FOI process. 04 City Facilities 04.01 Campaigning, distribution or display of campaign material or an Election Sign will not be permitted at any City Facility, City event or City meeting whether on municipal property or not. (Exception: All Candidates Meetings – refer to Section 08 of this Procedure). 04.02 Candidates who have filed their nomination 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. Such permitted space must be confined to a room and not an open space. 04.03 A Candidate may not rent a City Facility to serve as a campaign office. 04.04 Election Signs or election campaign material can only be displayed within the rented room at a City Facility. No campaign material (signs, brochures, sign-in tables) can be anywhere other than inside the rented room. Procedure Title: Use of Corporate Resources for Election Purposes Page 6 of 10 Procedure Number: ADM 170-001 04.05 Facility rentals for campaign related activities are not permitted from the first day of the voting period or the advance voting period, up to and including Voting Day. 04.06 The City reserves the right to refuse or cancel a rental contract at any time should it conflict with the City’s established policies and procedures or legislated requirements pertaining to an election. 04.07 Nothing in this section prohibits a Candidate from erecting an Election Sign in accordance with the provisions of the City’s Election Sign By-law. 04.08 Vehicle Signs, as defined in the City’s Election Sign By-law, may be displayed by a Candidate, on or in a vehicle owned by the Candidate, while such vehicle is in use on any Highway in accordance with the City’s Election Sign By-law and all other applicable laws and by-laws. 04.09 In addition to the provisions of the Election Sign By-law, vehicles that contain an Election Sign are prohibited from parking on City property, in a City owned or operated parking lot, or on a highway within 100 metres of a voting location. 05 Technology-Related Provisions 05.01 The City’s computer systems (hardware, software and network) may not be used to record, distribute or store election-related material or for any campaign related activity. 05.02 Websites or domain names that are funded, owned, or operated by the City shall not include any election-related material, including advocating for a political party, or Candidate in any election and may not be used for any campaign-related purpose. Exception: The City’s official election webpages will provide Candidate contact information to inform the electorate and may include a link to a Candidate’s website or social media but will in no way endorse any Candidate. 05.03 A Member of Council may not convert a constituent website, or social media page or account to an election campaign site, if either has been funded by the City in any way, or the content of such sites would violate the provisions of this Procedure. Websites or social media platforms cannot be simultaneously used by a Member of Council for constituency and election purposes. 05.04 On May 1st of an election year, the link from the City’s website to any Member of Council’s constituent website or social media platform, will be severed until after the election. All expenses related to a constituent website, or social media platform, will not be reimbursed from May 1st to the end of the Term of Council. Procedure Title: Use of Corporate Resources for Election Purposes Page 7 of 10 Procedure Number: ADM 170-001 06 Communications 06.01 In any material printed or distributed by the City, 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 c) profile or make reference to Candidates in any election. 06.02 Members of Council cannot use the City’s telephone system to make or receive election-related calls. 06.03 The City’s voicemail system may not be used to record or store election-related messages. 06.04 No Candidate shall wear, display, or otherwise have on their person any City of Pickering logo attire or other City-branded item in any campaign-related photograph, video, social media, or any other type of media, or during any campaign-related activities. 06.05 The following may not be used, printed or distributed in any election-related materials or included in or at any election campaign-related website, social media platform or other election-related activities: a) reference to any of the City’s email addresses, telephone numbers, Facility addresses, or municipally-funded Facility addresses unless the Facility has been rented for a campaign event in accordance with Section 04 of this Procedure; b) the City’s municipal signs, logo, crest, coat of arms, or slogans; c) City’s business cards, letterhead, envelopes; and d) photographs, images and videos produced for and owned by the City. Exceptions: • a link to the City’s official election webpages is permitted on a Candidate’s election website or social media platform for the purpose of providing general information about the election and voting process, provided that such information is not modified in any way; and, Procedure Title: Use of Corporate Resources for Election Purposes Page 8 of 10 Procedure Number: ADM 170-001 • a Candidate may take their own photo of City property for use in campaign material provided the photo is not taken while on or over the City property, and does not contain a municipal sign, logo, crest, coat of arms or slogan. 06.06 Candidates may link publicly accessible City resources such as staff reports, agendas, minutes, policies, etc. from their Candidate webpages or platforms. 06.07 Distribution lists or contact lists compiled utilizing Corporate Resources or through contact in a Member of Council’s role as an elected official shall not be utilized for election campaign-related purposes. 06.08 Messages posted to the City’s social media accounts, regarding Municipal Elections, may be shared by a Candidate on their campaign website or social media platform if the messaging is not altered in any way. 07 Mobile Phones 07.01 Mobile phones provided to Members of Council, and paid for by the City, cannot be used for campaigning purposes. It is recognized that carrying two phones is cumbersome and awkward. Members of Council utilizing a mobile phone, paid for by the City, can assume 50% of the total operating costs of the cell phone during a Campaign Period, in order for the phone to be used for campaign purposes. Assumption of 50% of the phone costs is effective from the date the Member files their nomination to register as a Candidate for the Municipal Election to the end of the Term of Council. 08 All Candidates Meetings 08.01 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; Exception: Registered Ratepayers Associations have access to one free City Facility meeting space in an election year to hold an All Candidates Meeting in accordance with Policy ADM 270) b) City Staff will not provide any services or assistance for All Candidates Meetings; c) the organization conducting the event must invite all registered Candidates that have registered for the position that the All Candidates Meeting relates to (for example, Mayor, all Candidates registered for Mayor or a particular Ward, all Candidates registered for that Ward); Procedure Title: Use of Corporate Resources for Election Purposes Page 9 of 10 Procedure Number: ADM 170-001 d) the organization conducting the event will not allow Candidates to set up Election Signs, election literature, or campaign material at the Facility sooner than four hours before the event; e) the organization conducting the event will make sure all Election Signs and campaign materials are removed from the Facility by no later than midnight the day of the event; and f) any Election Signs, election literature, or campaign material must be contained within the rented room as per Section 04.04 of this Procedure. 08.02 In order to qualify as an All Candidates Meeting, the meeting must be held by an organization not affiliated with any particular Candidate(s) and will be subject to the City’s policies and procedures. An all Candidates Meeting cannot include the support of any City Employee. 09 Discontinued Activities for Members of Council during an Election Year 09.01 In addition to the parameters contained in this Procedure, in accordance with Policy ADM 190, Council Compensation Policy, in an election year the following conditions shall apply to Members of Council effective May 1st: 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 community events can be organized by a Member of Council where the costs are borne by the City unless the event has been approved by the Clerk and organized by City Staff; and, d) limited amounts of stationary and business cards for Members of Council can be ordered to maintain a sufficient supply for day-to-day operations up until the end of the Term of Council. 10 Limitations 10.01 Nothing in this Procedure shall prohibit a Member of Council from performing their role 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 their civic right and duty to participate in the election process as a private citizen. Procedure Title: Use of Corporate Resources for Election Purposes Page 10 of 10 Procedure Number: ADM 170-001 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 to inform the public about the election and the election process. 11 Exceptions 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.