Loading...
HomeMy WebLinkAbout2010-010THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010-010 Being a By-law to adopt the Use of Corporate Resources for Election Purposes Policy WHEREAS Section 66(1) of the Municipal Elections Act, 1996, as amended, states that, "money, goods and services given to and accepted by or on behalf of a person for his or her election campaign are contributions, and WHEREAS Section 70(4)(3)of the Municipal Elections Act, 1996, as amended, prohibits a municipality from making a contribution to a candidate THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: That a Policy in respect to use of Corporate resources for election purposes; as per the attached Policy Statement, be adopted. Attachment 1, Policy Statement, forms part of this By-law. BY-LAW read a first, second and third time this 25`h day of January 2010. BY-LAW NO. 2010-010 Attachment 1 POLICY STATEMENT USE OF CORPORATE RESOURCES FOR ELECTION PURPOSES 1. Purpose: To clarify that Candidates are required to follow the provisions of the Municipa! Elections Act, 1996 and that: • No Candidate shall use the facilities, equipment, supplies, services, staff or other resources of the municipality (including Councillor newsletters and Councillor budgets) for any election campaign or campaign related activities. No Candidate shall undertake campaign-related activities on Municipal property, except as otherwise provided for in section 2(g) of Policy H18 - Political Activities. No Candidate shall use the services of persons during hours in which those persons receive any compensation from the Municipality of Clarington. 2. Application and Authority: This policy is applicable to all Candidates, including sitting Members of Council. 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 Corporation. The Municipa! Elections Act, 1996 (the Act) 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 Corporation's resources for his or her election campaign would be viewed as a contribution by the Municipality to the Member as a candidate, which is a violation of the Act. 3. Policies /Procedures: a) Corporate resources and funding may not be used for any election-related purposes; b) Staff may not undertake political activities (as defined in Policy H18) or as they relate to support of a position on any by-law or question being placed on a ballot, in the workplace; c) Candidates may not use any municipal or any municipally-provided facilities for any election-related purposes, which includes displaying of any campaign related signs in the window or on the premises, as well as displaying any election-related material in the office; d) In any material printed or distributed by the Municipality of Clarington, Members df Council are not permitted to: i. Illustrate that an individual (either a Member of Council or any other individual) is a candidate registered in any election; ii. Identify where they will be running for office; or iii. Profile or make reference to candidates in any election. e) Members of Council are responsible to ensure that the content of any communications material, printed, hosted or distributed by the Municipality of Clarington, is not election-related; f) Web sites or domain names that are funded by the Municipality may not include any election-related campaign material; g) The Municipality of Clarington's voicemail system may not be used to record election-related messages; h) The Municipality of Clarington's computer system (hardware, software and network) may not be used to record or distribute election-related messages; i) The following may not be printed or distributed on any election materials or included in any election campaign related website: reference to any of the Municipality of Clarington's email addresses, telephone numbers or facility addresses or municipally-funded facility addresses; or ii. the Municipality of Clarington's logo, crest, coat of arms, slogan, etc.; Exception: a link to the Municipality's election website is permitted for the purpose of providing information about the election. j) Photographs produced for and owned by the Municipality of Clarington may not be used for any election purpose; and k) The Municipal Clerk, or designate, shall be responsible for enforcement of this Policy. Limitation: Nothing in this Policy shall prohibit Members of Council from pertorming their duties as sitting Members or interfere with their representing the interests of our residents. Implementation: This policy shall become effective immediately upon adoption by Municipal Council.