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02-007_Use of Corporate Resources for Municipal Election Purposes_20212-007 Page 1 of 7 COUNCIL AND BY-LAW Policy 2-007: Use of Corporate Resources for Municipal Election Purposes Approval Date: June 26, 2017 Approval Authority: Approved by Clerk Effective Date: June 26, 2017 Next Scheduled Review Year: 2025 Department: Office of the Clerk Last reviewed: 2021 Revision Date/s: January 13, 2014 Schedules: A. POLICY STATEMENT In accordance with Section 88.8(4) of the Municipal Elections Act, 1996 (Act) a municipality is prohibited from making a contribution to a candidate for the purposes of an election campaign. In addition, a candidate or someone acting under the candidate’s direction is required to comply with the provisions of the Act in respect to contributions during a municipal election campaign. B. PURPOSE The purpose of this policy is to establish guidelines on the appropriate use of corporate resources during a Federal, Provincial, Municipal and School Board election or by- election period, or during the campaign period when a vote is being considered on a by- law or question to protect the interests of Members of Council, Municipal Employees and the Corporation and ensure the fair treatment of candidates running for office. The provisions of this policy do not apply to the Town resources used by the Clerk or his/her designate as Returning Officer in conducting a municipal election or by-election. 2-007 Page 2 of 7 C. SCOPE This policy applies to all candidates, including Members of Town Council whether seeking re-election or not, any acclaimed member, municipal employees and any other person with access to Town resources during the municipal election campaign period. This policy shall be consistent with other applicable policies including the Town’s Code of Conduct Policy (6-008), Usage of the Town Crest & Promotional Logo Policy (8-002), as well as the Town’s Election Sign By-Law 3786. D. AUTHORITY The authority for the Use of Corporate Resources for Municipal Election Purposes Policy shall be by the approval of the Council of the Town of Tillsonburg. E. ADMINISTRATION The Town Clerk or his/her designate are responsible for the administration of this policy in accordance with the provisions of the Municipal Elections Act, 1996. F. PROCEDURE Corporate resources shall be provided to Members of Council for council related purposes and to serve their constituents during an election campaign period, except where the provision of such resources may be seen to support an election campaign. Responsibilities of Council: It is the responsibility of election candidates, including Members of Council to adhere to the provisions of the Municipal Elections Act, 1996 during the election campaign period and to comply with the following: 1. No candidate shall undertake campaign-related activities on Town property unless permitted by Town policy (e.g. All-candidates meetings). The following use of Town property for election campaign purposes is prohibited: a. Placing or causing to place an election sign at any time on any election voting day, including those days when advance election voting is held, within 30 metres (100 feet) of any Voting Place for elections; b. Causing to be placed any Election Sign in or on a vehicle that is parked on any premises used as a Voting Place for elections that is visible from outside the vehicle; c. Erect, display or affix any form of campaign related advertising, signage or promotional material on or within any Town property; 2-007 Page 3 of 7 d. The campaigning, distribution or display of election campaign material or signage shall not be permitted at any Town hosted meeting or event whether on Town property or at another location. Any election signage placed in contravention of the Town’s Election Signage By-Law will be caused to be removed by the Town’s By-Law Enforcement Officer and/or the Returning Officer. 2. Candidates shall not display or distribute or cause to display or distribute (i.e. Scrutineer, Municipal Employee, etc.) any Election Campaign Material within a Voting Place or its immediate vicinity. This includes on or within the building and the entire property, including parking lots. The Deputy Returning Officers shall be instructed to remove any Campaign Material forthwith that has been deposited within a Voting Place; 3. No candidate shall use the services of Municipal Employees for election campaign purposes (i.e. canvassing or actively working in support of a candidate, preparing, exhibiting and/or distributing campaign-related materials, planning campaign events or functions, etc.) during which time those persons receive any compensation from the Town. It is important to note that the Town Clerk is not responsible for providing candidate contact or campaign information to voters in accordance with the Municipal Elections Act and this shall remain the responsibility of the candidate; 4. No candidate shall use the corporate resources of the Town for any election campaign-related activities; 5. Candidates may not use the Town website, corporate systems, information technology infrastructure, the Town Crest, logo, seal or branding in whole or in part for election campaign-related purposes such as for campaign advertising, signage, distributing campaign newsletters or flyers, recording and/or responding to or communicating campaign-related messages, or be printed or distributed on any election materials, included on any election campaign-related websites; 6. Candidates are not permitted to link any election-related websites, social media sites or domain names to the Town website, domain names, links, emails or other corporate systems. Election Campaign Material & Promotion Members of Council running for election shall not be permitted to utilize corporate equipment, assets or resources or expense such materials to any Town account during their election campaign for any of the following purposes: 2-007 Page 4 of 7 1. To print or distribute any material that illustrates, makes reference to, identifies or contains the names or photographs of a Member of Council or any other registered candidate in any election or identify where they or any other individual will be running for office; 2. To profile (name or photograph), or make reference to, in any material paid by municipal funds (i.e. newsletters, advertisements, publications, website, etc.), any individual who is registered as a candidate in any election; 3. As of Nomination Day in a municipal election year to Election Day, the ordering of Councillor stationary/business cards shall be discontinued. This section of the policy shall not apply to any communication material printed, hosted or distributed by a candidate on behalf of the Corporation which does not include election related campaign content. Responsibilities of Municipal Employees It is the responsibility of Municipal Employees to adhere to the provisions of the Municipal Elections Act, 1996 during the election campaign period and to comply with the following: 1. Municipal Employees are prohibited from canvassing or actively working in support of a municipal candidate during normal working hours unless they are on a leave of absence without pay, lieu time, a flex day or on vacation leave; 2. No Municipal Employee may utilize corporate resources for election- related campaign purposes; 3. No Municipal Employee shall display any election campaign-related insignia, slogan or other identifying representation at their work space; at a municipally-hosted event, on any Town property or within any municipally- owned/leased vehicle, building or facility; 4. Municipal Employees are prohibited from wearing election campaign- related insignias, slogans, advertising or other identifying representation during which time they are receiving compensation from the Town; 5. No Municipal Employee shall link any election-campaign related information to the Town’s website or to the Town’s Information Technology Infrastructure when communicating and/or receiving information on behalf of the municipality. 6. Candidates shall submit any requests for information during a municipal election to the Town Clerk or his/her designate. The Clerk shall circulate such information to Town Council and all of the candidates in an 2-007 Page 5 of 7 appropriate manner to ensure fairness and transparency. This process does not apply to an inquiry made by the Mayor or councillor in their capacity as a member of Council. The above noted provisions do not relate to the printing and distribution of content and material as provided for by the Clerk as Returning Officer in the conduct of the municipal election or by-election. Limitation Nothing in this Policy shall preclude a Member of Council from performing their job as an Elected Official, nor inhibit them from representing the interests of constituents who elected them while fulfilling their duties for the remaining term of Council. G. DEFINITIONS Acclaimed – means if, at 4 p.m. on the Monday following nomination day, the number of certified candidates for an office is the same as or less than the number to be elected, the clerk shall immediately declare the candidate or candidates elected by acclamation. Campaign Signage – means any sign or other advertising device, including, without limitation, posters, placards, bulletins, banners, notices, pictures or any combination thereof, (a) which advertises or promotes a Candidate in a federal, provincial or municipal election or by-election including an election of a local board or commissions; (b) which uses words, pictures or graphics or any combination thereof intended to influence persons to vote for or against any question or by-law submitted to electors under section 8 of the Municipal Elections Act, 1996. Refer to the Town’s Election Sign By-Law 3786 for specific regulations. Campaign Period – means the day a nomination paper was filed with the clerk of a municipality and ends (45) days after Voting Day. Candidate – means a person who has filed a nomination which has been certified by the Clerk/Returning Officer and is eligible to run in a municipal election or by-election or has been acclaimed. Contribution - may take the form of money, goods or services and any use by a Member of Council of the Corporation’s resources for his/her election campaign would be viewed as a contribution by the Town to the Member, which is a violation of the Municipal Elections Act, 1996. Corporation – means the Corporation of the Town of Tillsonburg. 2-007 Page 6 of 7 Corporate Resources – means any money, any and all assets owned or leased by the Town, and services provided by the Town, including but not limited to the following: 1. Mayor, Council or Committee budget or expense accounts such as for internet, car, travel, meeting, mail, postage, photocopying, office supplies, advertising and promotional expenses; 2. Municipally-issued computers, laptops, telephones, cell phones, or other electronic devices; 3. Municipal Email or Voicemail; 4. Corporate Email or Distribution contact lists, telephone numbers, including lists created for use in the capacity as a member of Council; 5. Municipal equipment and supplies including printers, scanners, fax machines, copiers or any consumable materials such as toner, ink or paper; 6. Any Town office space, facility, building, vehicle, signage or property; 7. Any website, social media account or domain name owned, maintained or registered by or on behalf of the Town; 8. The Town Crest, logo and associated branding material (i.e. photos, videos, letterhead, envelopes, stamps, seals, etc.) and information shall be used exclusively for official Town business and shall not be permitted to be used by any candidate, including Members of Council or Municipal Employees for election campaign purposes; 9. Access to any special discounts, pricing or customized services made available to the corporation by businesses and contractors. Election – means any municipal and school board election or by-election, including a vote on a by-law or question. Election Campaign Material – means any material that is displayed or distributed for campaign related purposes and may include literature, brochures, buttons, signs and advertising. Election Campaign Period – means the day upon which a candidate’s Nomination Paper is filed with the Town Clerk up to and including Voting Day (4th Monday in October). Election Campaign-Related Purposes – includes advertising, goods or services used or paid for by a candidate during their election campaign. Information Technology Infrastructure – means computers, corporate email, voicemail, websites, social media account or domain name owned or maintained by the municipality, portals, photocopiers, scanners, fax machines, cell phones or telephones. Municipal Employee – shall mean all full-time permanent, part-time and casual employees of the Town of Tillsonburg and includes contract employees. 2-007 Page 7 of 7 Nomination Period - a candidate may file with the Clerk a Nomination for Election as of May 1st in an election year up until Nomination Day on the last Friday in July at 2:00 p.m. Town Council – refers to the Mayor and members appointed to Tillsonburg Town Council. Town Property – includes office space, facilities, buildings, land (i.e. parks and open space, vacant lands, etc.), road allowances, sidewalks or signage owned or leased by the Town of Tillsonburg. Voting Place – includes the entire property of a building with a voting place inside and the parking lot(s) for the building which has been designated by the Clerk to enable Electors to cast their vote. A Voting Place includes Advance Polling Stations (i.e. Corporate Office, Customer Service Centre, Community Centre, School, etc.), Voting Day locations, as well as other locations whereby residents will be provided the opportunity to vote on the premises by the Municipal Elections Act (i.e. Retirement/Nursing/Seniors Homes and the local Hospital).