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HomeMy WebLinkAboutADM-ELE 226 Use of Corporate Resources during an Election Year Policy POLICY Policy No: ADM-ELE-226 Approval Date:November 28, 2005 Policy Title: ELECTIONS -USE OF CORPORATE RESOURCES Reviewed Date: November 2017 FOR POLITICAL CAMPAIGN PURPOSES Next Review Date:2025 Reviewed Date: April 2022 Policy Type: ADMINISTRATIVE Category:Administration Amended: April 2022 Sub-Category: Election Replaces:I-226, Elections -Use of Author: City Clerk, Council/Committee City Facilities for Political Services Campaign Purposes Dept/Div: Corporate Services/ Legislated Services Related Policies, Procedures and/or Guidelines: Municipal Elections Act, 1996, S.O. 1996, c.32, Sched. 1. POLICY PURPOSE: As per the Municipal Elections Act, 1996, before May 1 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. Provides guidance to City staff, registered third party advertisers, candidates and members of the public regarding the use of City facilities and resources for campaigning and campaign-related activities, with respect to municipal, provincial and federal elections. Ensure a balance between political expression and the right to unobstructed use, operation and enjoyment of City facilities for recreational or non-political purposes. Ensure fair and equal campaigning for all candidates. 2. DEFINITIONS: “Campaigning” refers to any and all forms of candidate, third party advertiser, and municipal question support or opposition, including, but not limited to: distribution of promotional material; display of placards; posting of election or campaign signs; surveys by candidates or candidate representatives; an organized group demonstration of support or opposition; and, any other related election campaign activity. “Campaign period” for purposes of this policy, is defined as the interval of time wherein campaigning is permitted by law. In the case of municipal elections between the opening of nominations but more specifically, the period between nomination day and voting day, the latter being the fourth Monday in October. In the case of federal and provincial elections, the period following the issuing of an Election Writ. “The City of Kitchener” means The Corporation of the City of Kitchener. “City facility” means any city-owned building, enclosure, park, sports field, and any recreation or commercial space. “Corporate Resources” include but are not limited to The Corporation’s employees, events, facilities, funds, non-disclosable information, equipment, office supplies and assets. “Election sign” means a sign produced by a candidate or registered third party advertising any person or political party participating in an election for public office or a sign advertising a position on a plebiscite or municipal question. 3. SCOPE: POLICY APPLIES TO THE FOLLOWING: All Employees All Full-Time Employees All Union Management C.U.P.E. 68 Civic Non Union C.U.P.E. 68 Mechanics TemporaryC.U.P.E. 791 Student I.B.E.W. 636 Part-Time EmployeesK.P.F.F.A. Specified Positions only: Other: Election Candidates, Third party advertisers Council Local Boards & Advisory Committees This policy applies to campaigning in relation to school board, municipal (both upper and lower tier offices), provincial and federal elections. This policy is applicable to all candidates, registered third party advertisers, and all members of City Council, including acclaimed members of Council and members of Council who have not yet filed nomination papers. This policy is also applicable to all staff of the City of Kitchener. Nothing in these guidelines shall preclude Members of Council from performing their jobs as current members of Council, nor inhibit them from representing the interests of the constituents who elected them. 4. POLICY CONTENT: 4.1 Corporate Resource Provisions a) Candidates, registered third party advertisers and members of Council shall not use Corporate Resources, for any election-related purposes, including city- issued devices. (E.g. computers, cell/smart phones, cameras, tablets, printers, scanners) For corporate cellular phones used for personal use, or bring-your- own-device (BYOD) program, the city shall not cover the monthly costs during the campaign period if such device is used for campaigning purposes. b) The Corporation’s computer network and voice-mail systems may not be used to record or disseminate election related messages or correspondence. c) Members of Council are responsible for ensuring the content of any communication material, prepared, printed, hosted or distributed by the City of Kitchener does not contain election-related messaging/content. d) Candidates, registered third party advertisers and sitting members of Council shall not use Corporate Resources to endorse any candidate or registered third party advertiser. e) Candidates and registered third party advertisers may not print or distribute any election-related material using City of Kitchener funds, or City of Kitchener print equipment and/or related supplies. f) The City of Kitchener’s logo, crest, coat of arms, slogan, Chain of Office, City Hall, and Council Chambers of the municipality to which the office relates, may not be printed or distributed on any election materials or included on any election campaign-related website. g) Corporate Resources shall not be used to produce alternative formats and communication supports for campaign information produced by a candidate, registered third party advertiser, or a sitting member of Council. h) No sitting member of Council shall benefit from the use of any corporate pricing established under the City of Kitchener’s purchasing policy. 4.2 Communication Provisions a) Websites or domain names that are funded by the City of Kitchener may not include any election-related campaign material. The City of Kitchener website election pages will advise the public of registered candidates and third party advertisers and provide contact information such as a web address to contact registered candidates and third party advertisers, for the purposes of providing election information, but shall in no way endorse any candidate or registered third party advertiser. b) As of the opening of nominations in election year or during a by-election links to: o Twitter o Facebook o LinkedIn o Instagram o Other social media accounts o Personal external website(s) will be removed from all City of Kitchener webpages for members of Council. This does not apply to the candidates list on the City of Kitchener’s website. In addition, all corporate social media accounts will not share or promote content from election candidates or registered third party advertisers. c) Photographs, videos and other communication formatsproduced for and owned by the City of Kitchener may not be used for any election purposes, save and except for those publicly available. d) Social media accounts utilized by members of Council as election campaign accounts, shall: i. Remove all reference to the City and official duties (e.g., logos, telephone and email contacts), ii. Refrain from using any City resources in relation to the account (e.g., City staff, funds, assets, images/video taken by or the property of the municipality) 4.3 City Facility Provisions a) Candidates, registered third party advertisers and members of council shall not use any City facilities for any election–related purposes, except as noted below under “Exceptions for the use of City facilities”. Neither campaign related signs nor any other election-related material will be displayed in any City facilities. b) Candidates and registered third party advertisers may not campaign and/or distribute campaign literature during any function/event being hosted or sponsored, in whole or in part by the municipality, whether on municipal property or not. c)Candidates, registered third party advertisers and candidate representatives are permitted to hand out campaign literature to patrons outside of City facilities provided this does not obstruct entry or exit from the facility by patrons using the facility, or otherwise obstruct any emergency exit. Such campaigning is not permitted anywhere within the confines of an enclosed entryway to a building, but must be limited to outside or exterior doorways or on other areas of the property where this does not pose a safety or other hazard. d) Notwithstanding the ability to campaign outside of City facilities, under no circumstances is such campaigning to take place outside of, or within, City Hall, including Carl Zehr Square. This on the basis that City Hall is the seat of government and its use for campaign purposes could directly or indirectly suggest endorsement of a particular candidate or political party. 4.4 Exceptions for the Use of City Facilities a) Individual registered candidates and registered third party advertisers are permitted to book rooms and related resources, except for outdoor park space, sport fields, and City Hall, which may not be booked/rented for campaign purposes. Additionally, no rentals are permitted on any day that a desired facility is functioning as a polling location. All such campaign-related bookings are to be made through Community Services Department staff. Any room being used for campaign purposes will be offered on a first-come, first-served basis, subject to availability. Candidates and registered third party advertisers are responsible for any setup or takedown. b) ‘All candidate debates’ are permitted at any rentable City facility, such debates being those to which every registered candidate for the respective office has been invited, though not all may attend. The sponsor of the debate would be required to sign a declaration indicating they have sent invitations to all registered candidates, and in addition, would be responsible for any setup or takedown. c) Neighbourhood Associations are not allowed to re-allocate any space blocked out for them as this may favour some candidates over others. No such restriction would apply to ‘all candidate debates’ provided the declaration referred to above is signed. d) Full rental charges apply to all room bookings for individual, registered candidates and registered third party advertisers, but do not apply in the case of all-candidate debates organized as described in this policy. e) Any bookings by political organizations outside of a campaign period established by law are regulated by the normal booking policies of the City- owned facility. f)This policy doesnotapply toCity-owned facilitieswhich are y arms length organizations, unless they are used as a votinglocation for Advance Polls or Election Day. Note: The election sign prohibitions as outlined in the City’s Sign By-law would apply as the above noted locations are City-owned facilities. 4.5 Staff Provisions a)Staff may not canvass or actively work in support of a municipal candidate, registered third party advertiser or political party during normal working hours unless they are on an approved leave of absence without pay, lieu time, flex day, or vacation leave. b)Employees shall not canvass or actively work in support of a municipal Candidate, registered third party advertiser or political party while wearing a uniform, badge, logo or any other item identifying them as an employee of and/or affiliating them with, the City of Kitchener, or using a vehicle owned or leased by the City of Kitchener. c)Staff may not use Corporate Resources on behalf of candidates, registered third party advertisers or political parties. 5.HISTORY OF POLICY CHANGES Administrative Updates 2016-06 - I-225 policy template re-formatted to new numbering system and given number ADM-ELE-226. Formal Amendments 2022-04 Amendments approved by Corporate Leadership Team