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HomeMy WebLinkAboutBy-law No. 2022-023THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2022-023 BEING A BY-LAW TO ADOPT A USE OF CORPORATE RESOURCES FOR ELECTION PURPOSES POLICY WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, provides a Municipality with the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS Section 88.18 of the Municipal Elections Act requires that 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 during the election campaign period; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to adopt a new Use of Corporate Resources for Election Purposes Policy; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS: THAT a Use of Corporate Resources for Election Purposes Policy attached as Schedule "A" be adopted; 2. THAT By -Law 2016-107 is hereby repealed in its entirety; 3. THAT this by-law shall take force and effect on the day of its passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 17tn DAY OF MARCH 2O22. CLE. - "V. 106�m_, A"O njt is Use of Corporate Resources for Election Purposes Policy Section 1 — General Policy Statement In order to preserve the public trust and comply with the provisions of the Municipal Elections Act, 1996, as amended it is essential that Members of Council, all election candidates, all registered third party advertisers, and all Municipal employees maintain the highest standards of ethical conduct. Section 2 — Scope This policy applies to all Municipal employees, candidates, registered third party advertisers,and Members of Council, including acclaimed Members of Council and Members of Councilnot seeking re-election. Section 3 — Definitions "Candidate" means any person who has filed, and not withdrawn a nomination, for an elected office at the municipal, school board, provincial or federal level, or political party in an Election. "Campaign Activity" means any activity, using Campaign Materials, by or on behalf of a Candidate, political party, or Registered Third Party meant to elicit support during an Election Period. "Campaign Materials" means any materials used to solicit votes for a Candidate(s) or question in an Election including but not limited to literature, banners, posters, pictures, buttons, clothing, or other paraphernalia. Campaign Materials include, but are not limited to,materials in all media, for example, print, displays, electronic radio or television, online including websites or social media. "Corporate Resource" means anything that a person would have access to only by virtue of their elected Office or employment with the Municipality of Bayham. This includes the itemssuch as use of: an Office title (such as "Mayor", "Deputy Mayor & "Councillor"); Employees; Municipal events; Municipal Facilities; Municipal funds; information; and infrastructure. "Election" means a formal and organized process of campaigning for certain offices withindefined Election Periods, including by-elections. "Election -Related" means anything that relates directly to an Election as defined above. "Election Period" is defined for the purposes of this policy as follows: Regular Municipal Election (includes regional and school board) Municipal by-election (includes regional and school board) Provincial or Federal Election Provincial party leadership contests Federal party leadership and nomination contests The period commences on the first day of nominations may be filed and ending on Voting Day. The period commences on the first day nominations may be filed and ending on Voting Da The Election Period commences the day the writ forthe Election is issued and ends on Voting Day. The period commences with the date of registrationas a Candidate with the Chief Electoral Officer of Ontario and ends with the date fixed for the leadership vote as filed with the Chief Electoral Officer of Ontario. The period commences when a contestant receives contributions, incurs expenses or borrows money/is deemed to be a contestant as stated in sections 478.2 (2) and 476.2 of the Canada Elections Actand ends with the date of selection. "Election Sign" means a sign or other advertising device, as defined by Municipality's currentElection Sign By-law. "Employee" means all full-time and part-time individuals hired by the Municipality, includingall contract, temporary, student, or co- operative placement persons. "Event" means an organized activity that is not a Campaign Activity. "Member" means an elected Member of the Council of The Corporation of the Municipality of Bayham. "Municipal" means as relating to The Corporation of the Municipality of Bayham and includes such similar terms as Municipality and Municipally. "Municipal Facility" means any Municipality owned or leased facility, including parks, sports fields and civic event spaces, and designated premises of that facility such as parking areas. "Registered Third Party" means in relation to an Election in a Municipality, an individual, corporation or trade union that is registered under section 88.6 of the Municipal ElectionsAct, 1996, as amended. "Voting Day" means, in the case of a regular municipal Election, the fourth Monday in October in the year of the Election or in the case of a by-election means the 45th day after Nomination Day, in accordance with the Municipal Elections Act, 1996, as amended. Voting Days applicable to provincial and federal elections are as determined by their applicable legislation. Section 4 — General Policy Principles a) Pursuant to the Municipal Elections Act, the Municipality cannot make a contribution, including money, goods and services, to any Candidate, Registered Third Party, or insupport of or opposition of a question on the ballot during an Election Period. b) Nothing in this Policy shall preclude a Member from performing his/her duty as an elected official, nor inhibit him/her from representing the interests of the constituentswho elected him/her. c) Subject to Section 5 of this Policy, Campaign Activities, or Election Signs or any other Election -Related Campaign Material will not be displayed in any Municipality -owned and/or operated facility, or on the grounds thereof. d) The Municipality's logo, crest, coat of arms, slogans, etc. shall not be printed or distributed on any Election -Related Campaign Materials, including Election Signs, orincluded on any Election -Related website, except in the case of a link to the Municipality's website to obtain information about the municipal Election. e) Photographs produced for and owned by the Municipality shall not be used for anyElection purposes. f) Employees may not engage in political activity during working hours and shall notidentify as Employees when engaged in any kind of political activity in accordancewith Section 6 of this Policy. g) Members may not use Corporate Resources for Campaign Activities, to print or distribute Campaign Material, or for any Election -Related purpose. h) Members are responsible for ensuring that the content of any communication material, including printed materials such as newsletters, advertising, etc. funded by the Municipality for the operation of each Member's Office, is not Election -Related. i) Member's social media accounts, domain names or websites, that are funded by the Municipality, may not include any Election -Related Campaign Material and may not be re -designated for campaign or Election purposes, or provide a link to a campaign site or campaign activities. Section 5 — Campaign Activities at Municipally -Owned and -Operated Facilities a) Candidates and Registered Third Parties may not display Campaign Materials or hold/host Campaign Activities at Municipal Facilities except subject to the following: i) Candidates and Registered Third Parties pay the full market rental fees andrates for use of such facilities; and, ii) Candidates and Registered Third Parties set up and remove all Campaign Materials, including, but not limited to, Election Signs, posters, and other campaign -related paraphernalia within the allotted rental period; and, iii) Campaign Materials may only be displayed within the rented area designatedwithin the rental agreement. b) Despite Subsection 3a) of this Policy, Candidates and Registered Third Parties shall not use the Municipal Office (located in the second floor of 56169 Heritage Line, Straffordville) to display Campaign Materials, display Election Signs, or undertake Campaign Activities. c) Candidates and Registered Third Parties shall not rent Municipal Facilities for Campaign Activities on a date when voting may be taking place at the establishedfacility or property. Section 6 — Campaign Activities at Events a) Candidates and Registered Third Parties may attend Municipal organized events during the Election Period, but may not display or distribute Campaign Materials orundertake any Campaign Activities for themselves, a political party, a Registered Third Party, or in support of or opposition of a question on a ballot. b) With the exception of the Municipal Office, Candidates and Registered Third Parties may attend, campaign, and undertake Campaign Activities at non - Municipal organized events held at Municipally -owned facilities only with the permission of the event permit holder. Section 7 —Activities not Permitted for: 1) Members during a Municipal Election Period; and, 2) Candidates during other Election Periods a) In any material printed or distributed by the Municipality, using Corporate Resources, Members during a municipal Election Period, or Candidates in other Election Periods,are not permitted to: i) Illustrate that an individual (either a Member or any other individual) is aCandidate registered in any Election; ii) Identify where they or any other individual will be running for office; or, iii) Profile or make reference to a Candidate in any Election. b) The Municipality shall not provide the following to Members during a municipal Election Period, or Candidates in other Election Periods, and will resume theseservices the day after the end of the Election Period: i) All forms of advertising, including in municipal publications; ii) All printing, high-speed photocopying for distribution including but not limitedto distribution of publications such as newsletters; iii) The ordering and use of custom branded stationery; and, iv)All expenses related to business cards and other similar documentation. c) Members during a municipal Election Period, or Candidates in other Election Periods,shall not use Corporate Resources to organize/host an event, seek donations for an event, or seek sponsorships for an event. Section 8 — Procedures for Employees a) Employees shall not use Corporate Resources in support of or in opposition to a Candidate, political party, or Registered Third Party b) Employees shall not canvass nor actively work in support of or in opposition to a Candidate, political party, or Registered Third Party during normal working hours, unless they are on a leave of absence without pay, lieu time, float day, or vacation. c) Employees shall not canvass nor actively work in support of or in opposition to a Candidate, political party, or Registered Third Party while wearing a Municipal uniform, badge, crest or other item identifying them as an Employee, or while using aMunicipality-owned or leased vehicle. d) Employees working directly for a Member(s), Candidates, or Registered Third Partiesshall not be assigned to work as election officers in any Election during the Municipality's regular business hours. e) Employees shall not use their official authority or influence for the purpose of interfering with or affecting the result of an Election, nor use their official title whileparticipating in otherwise permissible political activities. f) Employees are advised to be especially mindful of public perception during Municipal Elections, and to ensure that their activities do not conflict with nor adversely affect their duties as Employees of the Municipality. Employees have a responsibility to ensure that public resources are not used for political campaign purposes. Section 9 — Administration This Policy shall be administered by the Clerk's department. Procedures may be defined and amended from time -to -time by the Clerk to address specific implementation ofthis Policy. All questions or concerns with respect to this Policy should be directed to the Clerk.