1 Reprt t / Rapprt au: OTTAWA POLICE SERVICES BOARD LA COMMISSION DE SERVICES POLICIERS D OTTAWA 26 March 2018 / 26 mars 2018 Submitted by / Sumis par: Executive Directr, Ottawa Plice Services Bard / Directrice exécutive, Cmmissin de services pliciers d'ottawa Cntact Persn / Persnne ressurce: Krista Ferrar, Executive Directr / Directrice exécutive Krista.Ferrar@ttawa.ca SUBJECT: ELECTION-RELATED RESOURCES POLICY OBJET: POLITIQUE SUR LES RESSOURCES LIÉES AUX ÉLECTIONS REPORT RECOMMENDATIONS That the Ottawa Plice Services Bard apprve that the City s Electin-Related Resurces Plicy apply t the use f the Bard s resurces during the 2018 municipal electin campaign perid. RECOMMANDATIONS DU RAPPORT Que la Cmmissin de services pliciers d Ottawa appruve que la Plitique de la Ville sur les ressurces liées aux électins s applique à l utilisatin des ressurces de la Cmmissin lrs de la péride de campagne électrale municipale de 2018. BACKGROUND The Municipal Electins Mdernizatin Act, 2016 requires municipalities and lcal bards t establish rules and prcedures with respect t the use f municipal r bard resurces, as the case may be, during an electin campaign perid, by May 1, 2018. Subsectin 1(1) f the Municipal Affairs Act prvides the fllwing definitin f the term lcal bard :
2 lcal bard means a schl bard, municipal service bard, transprtatin cmmissin, public library bard, bard f health, plice services bard, planning bard, r any ther bard, cmmissin, cmmittee, bdy r lcal authrity established r exercising any pwer r authrity under any general r special Act with respect t any f the affairs r purpses, including schl purpses, f a municipality r f tw r mre municipalities r parts theref; As the Ottawa Plice Services Bard is subject t the MEA and encmpassed by the definitin f lcal bard in the Municipal Affairs Act, it is required t establish rules and prcedures with respect t the use f bard resurces by May 1. DISCUSSION The City f Ottawa has an Electin-Related Resurces Plicy in place that applies t all Members f Cuncil and City staff. Shuld the Bard apprve that the City s Electin- Related Resurces Plicy apply t its resurces, thse Cuncillrs and staff serving n the Ottawa Plice Services Bard wuld fllw the Plicy as it relates t their ffice budgets and any city resurces that are used. The Bard has the ptin f prducing its wn separate plicy fr the use f bard resurces during a municipal electin campaign perid. Hwever, given the cmprehensiveness f the City s plicy and the shrt timeline t adpt a plicy by the May 1 deadline, it is recmmended that the Bard adpt a mtin that the City s Electin-Related Resurces Plicy applies t the Bard fr the 2018 municipal electins. By adpting the Plicy it is understd that references made therein t Members f Cuncil, City staff, crprate resurces, Member budgets, apply t Bard staff, resurces, and budgets. CONSULTATION The Office f the City Clerk and Slicitr was cnsulted. FINANCIAL IMPLICATIONS Nt applicable. SUPPORTING DOCUMENTATION Dcument 1 City f Ottawa Electin-Related Resurces Plicy CONCLUSION As per the Municipal Electins Mdernizatin Act, 2016, the Bard is required t establish rules and prcedures with respect t the use f bard resurces during an
electin campaign perid, by May 1, 2018. Adpting the City s Electin-Related Resurces Plicy wuld fulfill this requirement. 3
4 Dcument 1 Electin-Related Resurces Plicy Department: City Clerk and Slicitr Department Branch: Legislative Services Authrity/Apprval Date: City Cuncil, February 13, 2013 Effective Date: February 12, 2003 Revisin Date: February 13, 2013 Purpse T prvide directin t Members f Cuncil and all City staff n the administratin f Crprate resurces and Members' budgets with respect t electin-related matters. Principle In cmpliance with the Municipal Electins Act, 1996, public funds are nt t be used fr any electin-related purpses, including the prmtin f r ppsitin t the candidacy f a persn fr elected ffice. Plicy Elements 1. DEFINITION Fr the purpse f this plicy, electin-related purpses refer t the ccurrence f a municipal electin r by-electin. It als includes any participatin in federal and prvincial electins that is partisan in nature. 2. CAMPAIGN-RELATED MATERIALS a. At n time shall Crprate resurces and/r Members' budgets be used t spnsr r prduce any campaign-related materials. Fr the purpses f this clause, the phrase "campaign-related materials" means thse materials that prmte r ppse the candidacy f a persn fr elected ffice. Subject t Clause 2(b), this prhibitin is nt meant t restrict Members frm rutinely cmmunicating with ward cnstituents via flyers, newsletters, husehlders r by e-mail. Hwever, Members f Cuncil are respnsible fr ensuring that any cmmunicatins r activities funded by the City fr each Member's ffice is nt related t an electin. b. In a municipal electin year r in the event f a by-electin, Crprate resurces and Members' budgets are nt t be used t spnsr any advertisements, flyers, newsletters r husehlders fr the 60-day perid prir t, and including, Vting Day. All cmmunicatins must be delivered
5 by the beginning f this perid. This prhibitin als applies t the use f any City equipment, facilities r websites if the access is City-spnsred. c. Ntwithstanding Clause 2(b): i. Where an emergency ccurs, a nn-emergency related cmmunity issue arises r where an annual cmmunity event is held during the 60-day perid prir t, and including, Vting Day, a Member f Cuncil may use Crprate resurces t advise r cntact their ward cnstituents with the apprval f the City Clerk and Slicitr; ii. The prhibitins set ut in Clause 2(b) are nt applicable where the City equipment, facilities r website access are available fr such use by the public generally and the Member f Cuncil is receiving n special preference with respect t its use; and iii. The prhibitins set ut in Clause 2(b) are nt applicable t a Member f Cuncil wh is acclaimed, r wh is retiring frm ffice and therefre nt a candidate in the electin. 3. STAFF INVOLVEMENT IN ELECTIONS In line with the City s Emplyee Cde f Cnduct, City Staff are expected preserve the public trust and cnfidence in the City and apply the cre values f the Cde t their daily wrk. With respect t Electins, emplyees are expected t prmte the principles f transparency, impartiality, respect and accuntability as fllws: a. Emplyees engaged in plitical activities must take care t separate thse persnal activities frm their fficial psitins. Emplyees may participate in plitical activity at the federal, prvincial and municipal levels prviding that such activity des nt take place during wrk hurs r utilize City assets, resurces, r prperty. Ntices, psters r similar material in supprt f a particular candidate r plitical party are nt t be displayed r distributed by emplyees n City wrk sites r n City prperty. b. Emplyees wishing t run fr federal, prvincial r municipal ffice must request, and btain, a leave f absence withut pay, and abide by the respective legislatin gverning such electins. c. Shuld an emplyee f a sitting Member f Cuncil wish t run fr electin r by-electin, that emplyee must begin the required leave f absence
6 immediately upn certificatin f the nminatin by the City Clerk r designate. Subsequently, all emplyee accesses, including email and security, related t the Member s ffice will be suspended and all Crprate assets and resurces, such as cell phnes and electrnic strage devices, utilized by the individual as a result f emplyment within the Cuncillr s ffice must be returned immediately. 4. BUDGET ADMINISTRATION a. As apprved by the Member Services Cmmittee, in a municipal electin year, a pr-rated prtin f the annual budget fr each Members ffice is t be reserved fr the new term f Cuncil. This means that up t 11/12 f the budget can be spent by the incumbent Member and 1/12 is t be reserved fr the next term. The staff f the City Clerk's Office will mnitr expenditures t assist each ffice in ensuring that the budget threshld is nt exceeded. b. In the event f a ward r city-wide by-electin, r an appintment fr a psitin f Cuncil, funds frm the vacated Member s ffice will be set aside n a pr-rated basis fr the newly elected representative based n the start date f the new Member. c. Pursuant t Clause 4(b), any pre-cmmitted funds and bligatins, such as web hsting fees, will be brught t the attentin f the City Clerk and Slicitr within 48 hurs f the certificatin and will be addressed n a case-by-case basis. 5. ENFORCEMENT Shuld any written cmplaint arise regarding the alleged use f Members' budgets r ther Crprate resurces in cntraventin f this plicy, the City Clerk and Slicitr, r his/her designate, shall have the delegated authrity t investigate it and reslve any issues. If a breach f this plicy is cnfirmed, the Member will be required t persnally repay any f the csts assciated with the breach. Enquiries Fr mre infrmatin n this plicy, cntact Deputy City Clerk, City Clerk s Branch, City f Ottawa Tel: 613-580-2424 ext. 28857