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HomeMy WebLinkAboutBy-law No. 2016-107 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2016-107 A BY-LAW TO ADOPT A USE OF CORPORATE RESOURCES FOR ELECTION PURPOSES POLICY WHEREAS the Council of The Corporation of the Municipality of Bayham recognizes the need for a clear and concise policy concerning Use of Corporate Resources for Election Purposes; AND WHEREAS the Council of The Corporation of the Municipality of Bayham deems it advisable that the Policy on Use of Corporate Resources for Election Purposes be confirmed and adopted by By-law; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT effective upon passage the Policy on Use of Corporate Resources for Election Purposes attached hereto as Schedule "A" and forming part of this by- law is hereby adopted as the policies and procedures for the use of corporate resources for election purposes for the Municipality of Bayham. 2. THAT this Municipal Use of Corporate Resources for Election Purposes Policy By-law may be amended from time as directed and deemed necessary by The Council of the Corporation of the Municipality of Bayham 3. THAT any Use of Corporate Resources for Election Purposes policies previously adopted are hereby repealed; 4. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME and finally passed this 15st day of December 2016. '7/ /di AYOR ��R -g,A1(11.44 IQt � d fls �poi tuni Is�o� 5 t3' Use of Corporate Resources for Election Purposes Policy Section 1 - Policy 1.1 The purpose of this policy is to clarify that all election candidates, including Members of Council are required to follow the provisions of the Municipal Elections Act, 1996 and that: i. No candidate shall use the facilities, equipment, supplies, services, staff or other resources of the Municipality for any election campaign or campaign related activities. ii. No candidate shall undertake campaign-related activities on Municipal property. iii. No candidate shall use the services of persons during hours in which those persons receive any compensation from the Municipality. Section 2 - Rationale&Legislative Authority 2.1 It is necessary to establish guidelines on the appropriate use of corporate resources during an election period to protect the interests of both the Members of Council and the Municipality. 2.2 The Municipal Elections Act, 1996 prohibits a municipality from making a contribution to 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. As a contribution may take the form of money, goods or services, any use by a Member of Council of the Municipality's resources for his or her election campaign would be viewed as a contribution by the Municipality to the Member, which is a violation of the Act. Section 3—Application 3.1 This policy is applicable to all candidates, including Members of Council. Section 4— Procedure 4.1 That, consistent with the Municipality of Bayham Councillor Code of Conduct and in accordance with the provisions of the Municipal Elections Act, 1996: i. Corporate resources, assets and funding shall not be used for any election-related purposes; ii. Staff shall not canvass or actively work in support of a municipal candidate or party during normal working hours unless they are on a leave of absence without pay, lieu time, float day, or vacation leave; iii. Candidates shall not use any municipally-provided facilities for any election-related purposes. iv. Neither campaign related signs nor any other non-municipal election-related material will be displayed in any municipally-provided facilities; 4.2 Members of Council shall not: i. Print or distribute any material paid by municipal funds that illustrates that a Member of Council or any other individual is registered in any election or where they will be running for office; ii. Profile (name or photograph), or make reference to, in any material paid by municipal funds, any individual who is registered as a candidate in any election; and iii. Print or distribute any material using municipal funds that makes reference to, or contains the names or photographs, or identifies registered candidates for municipal elections; and that the Minutes of municipal Council and Committee meetings be exempt from this policy; 4.3 Members of Council are responsible for ensuring that the content of any communication material, printed, hosted or distributed by the Municipality of Bayham, is not election-related; 4.4 The Municipal logo, crest, coat of arms, slogan, etc. shall not be printed or distributed on any election materials or included on any election campaign related website, except in the case of a link to the Municipality's website to obtain information about the municipal election; 4.5 Distribution lists or contact lists developed utilizing Municipal resources or through contact in a Member of Council's role shall not be utilized for election purposes; 4.6 Registered candidates may have their names and contact information posted on the Municipality of Bayham's Municipal Election section of the Municipal website without biographical information and/or links to personal websites; 4.7 The above provisions also apply to an acclaimed Member of Councilor and a Member of Council not seeking re-election. 4.8 In accordance with the Municipal Elections Act, 1996, the CAO/Clerk be authorized and directed to take the necessary action to give effect to this policy. Section 5—Limitation 5.1 Nothing in this Policy shall preclude a Member of Council from performing their job as a Councillor, nor inhibit them from representing the interests of the constituents who elected them. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2016-107 A BY-LAW TO ADOPT A USE OF CORPORATE RESOURCES FOR ELECTION PURPOSES POLICY WHEREAS the Council of The Corporation of the Municipality of Bayham recognizes the need for a clear and concise policy concerning Use of Corporate Resources for Election Purposes; AND WHEREAS the Council of The Corporation of the Municipality of Bayham deems it advisable that the Policy on Use of Corporate Resources for Election Purposes be confirmed and adopted by By-law; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT effective upon passage the Policy on Use of Corporate Resources for Election Purposes attached hereto as Schedule "A" and forming part of this by- law is hereby adopted as the policies and procedures for the use of corporate resources for election purposes for the Municipality of Bayham. 2. THAT this Municipal Use of Corporate Resources for Election Purposes Policy By-law may be amended from time as directed and deemed necessary by The Council of the Corporation of the Municipality of Bayham 3. THAT any Use of Corporate Resources for Election Purposes policies previously adopted are hereby repealed; 4. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME and finally passed this 15st day of December 2016. :)(1 /7" 2 d6/1- • MAYOR ��R INA-YHA/4- • I _ w App°l'tunity is '— Use of Corporate Resources for Election Purposes Policy Section 1 - Policy 1.1 The purpose of this policy is to clarify that all election candidates, including Members of Council are required to follow the provisions of the Municipal Elections Act, 1996 and that: i. No candidate shall use the facilities, equipment, supplies, services, staff or other resources of the Municipality for any election campaign or campaign related activities. ii. No candidate shall undertake campaign-related activities on Municipal property. iii. No candidate shall use the services of persons during hours in which those persons receive any compensation from the Municipality. Section 2 - Rationale&Legislative Authority 2.1 It is necessary to establish guidelines on the appropriate use of corporate resources during an election period to protect the interests of both the Members of Council and the Municipality. 2.2 The Municipal Elections Act, 1996 prohibits a municipality from making a contribution to 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. As a contribution may take the form of money, goods or services, any use by a Member of Council of the Municipality's resources for his or her election campaign would be viewed as a contribution by the Municipality to the Member, which is a violation of the Act. Section 3—Application 3.1 This policy is applicable to all candidates, including Members of Council. Section 4—Procedure 4.1 That, consistent with the Municipality of Bayham Councillor Code of Conduct and in accordance with the provisions of the Municipal Elections Act, 1996: i. Corporate resources, assets and funding shall not be used for any election-related purposes; ii. Staff shall not canvass or actively work in support of a municipal candidate or party during normal working hours unless they are on a leave of absence without pay, lieu time, float day, or vacation leave; iii. Candidates shall not use any municipally-provided facilities for any election-related purposes. iv. Neither campaign related signs nor any other non-municipal election-related material will be displayed in any municipally-provided facilities; 4.2 Members of Council shall not: i. Print or distribute any material paid by municipal funds that illustrates that a Member of Council or any other individual is registered in any election or where they will be running for office; ii. Profile (name or photograph), or make reference to, in any material paid by municipal funds, any individual who is registered as a candidate in any election; and iii. Print or distribute any material using municipal funds that makes reference to, or contains the names or photographs, or identifies registered candidates for municipal elections; and that the Minutes of municipal Council and Committee meetings be exempt from this policy; 4.3 Members of Council are responsible for ensuring that the content of any communication material, printed, hosted or distributed by the Municipality of Bayham, is not election-related; 4.4 The Municipal logo, crest, coat of arms, slogan, etc. shall not be printed or distributed on any election materials or included on any election campaign related website, except in the case of a link to the Municipality's website to obtain information about the municipal election; 4.5 Distribution lists or contact lists developed utilizing Municipal resources or through contact in a Member of Council's role shall not be utilized for election purposes; 4.6 Registered candidates may have their names and contact information posted on the Municipality of Bayham's Municipal Election section of the Municipal website without biographical information and/or links to personal websites; 4.7 The above provisions also apply to an acclaimed Member of Councilor and a Member of Council not seeking re-election. 4.8 In accordance with the Municipal Elections Act, 1996, the CAO/Clerk be authorized and directed to take the necessary action to give effect to this policy. Section 5—Limitation 5.1 Nothing in this Policy shall preclude a Member of Council from performing their job as a Councillor, nor inhibit them from representing the interests of the constituents who elected them.