Information Session on Political Activities for Departmental Designates
GCC - Sussex Room Friday February 9, 2007
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Past Elections
Elections 2006
MUN – Yukon October 19, 2006 TER – Yukon October 10, 2006
MUN – NWT October 16, 2006
MUN – Nunavut October, 16, 2006
FEDERAL – January 23, 2006
MUN – PEI November 6, 2006
MUN - Saskatchewan October 25, 2006 MUN - Manitoba October 25, 2006 PROV – Nova Scotia June 13, 2006 PROV – New Brunswick September 18, 2006
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MUN – Ontario November 13, 2006
Status of Political Candidacy Requests
Requests Received by PSC
January 1, 2006 to December 31, 2006
PSC Review Requests Withdrawn Prior PSC Review Requests Pending PSC Review Total Candidacy Requests
Type of Election Federal
Provincial Territorial
Permission Granted 3
3 2
Permission Not Granted
2
1 1
5
5 2
Municipal
Total
67
75
1
1
4
5
1
4
73
85
4
Political Candidacy Requests
Requests Received by Organization
January 1, 2006 to December 31, 2006
6 7 6
12
Various Organizations
37
17
Canada Border Services Agency Veterans Affairs Canada Service Canada Canada Revenue Agency Parks Canada
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Political Candidacy Requests
Requests Received by Classification
January 1, 2006 to December 31, 2006
• • • • • • • • •
AS-02; AS-03; AS-04; AS-08 CO-01; CO-03 CS-02; CS-04 ES-04; A/ES-07 GT-04; GT-05 MG-03; MG-05 A/CR-04; CR-04; CR-05 GL-PIP-10C3; GL-EIM-10C3; GL-MDO-07 PM-01; PM-02; PM-03; PM-04; PM-05;A/PM-06; PM-06
• • • • • • • •
CX-02 EX-02 LA-01 WP-04 EG-04 IS-05 SE-REM-02 EN-ENG-04
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Elections 2006
Number of Employees Elected
by Type of Election - January 1, 2006 to December 31, 2006
Municipal Election Results Yukon Territorial Election
24 1
Note: For federal, provincial and territorial elections, employees cease to be public service employees if declared elected
(subsection 114(8) PSEA)
New-Brunswick Provincial Election
Federal Election
1
1*
*Leave of absence without pay to be a candidate in the federal election approved pursuant to subsection 33(3) of the former Public Service Employment Act (PSEA)
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Challenges
Challenges During 2006 Elections
• New Act – new decision points
• More complex situations
Of employee Of municipal elections
• Employee awareness of new requirement under Act for municipal elections • Requests received with less than 30 days for PSC review and decision (Political Activities Regulations)
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Challenges
New Act – New Decision Points
Federal, Provincial or Territorial Elections Seeking nomination before or during election period Be a candidate before election period
Be a candidate during election period
Municipal Elections Permission1
Permission1 Permission2 PSC may make permission conditional on:
•Employee taking a LWOP; or •Ceasing to be an employee. (Continues to work as an employee)
Permission1
Permission1 LWOP
Effect of being elected
Cease to be an employee
1
Permission may be conditional on taking a LWOP for the period or any part of the period in which he or she seeks nomination as a candidate, or for the period or any part of the period in which he or she is a candidate before the election period, as the case may be 2 Permission may be conditional on taking a LWOP during the election period
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PSC Review
Permission Granted With/Without Conditions
January 1, 2006 to December 31, 2006
39
No LWOP
LWOP
28
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Challenges
Employees with “Peace Officer” Status
January 1, 2006 to December 31, 2006
• Particular attention is being paid to employees who have “Peace Officer” status due to their powers to seize goods, and detain, especially arrest people. • Analysis focused on the likelihood, frequency and nature of their role, as employees, with the residents (electorate / constituents) of the community in which they are seeking elected office.
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Challenges
New Requirement – Municipal Elections
“An employee may seek nomination as, or be, a candidate in a municipal election before or during the election period, only if the employee has requested and obtained permission from the Commission to do so”
(subsection 115(1) of the PSEA)
21 employees declared candidacy or were elected before obtaining PSC permission
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Challenges
Political Activities Regulations (PAR)
Requests for permission or for a LWOP (subsection 114(3) of the PSEA) must be submitted no later than 30 days before the date a decision is required from the PSC (subsection 3(1) of the PAR)
29 political candidacy requests were received with less than 30 days before the date a PSC decision was required
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Lessons Learned
What did we learn?
• Importance of the employee submitting complete information to the PSC when requesting permission or leave • Need for on-going communication
• Difficulty in managing volume requests
• Time needed to review and render a decision
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Adjustment to the Process
Candidacy Requests for 2007
No Permission – No Declaration
PSC must be satisfied that seeking nomination as, or being a candidate in the election will not impair or be perceived as impairing ability to perform duties in a politically impartial manner.
Determined by considering such factors as:
• Nature of election • Nature of employee’s duties • Level and visibility of employee’s position
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Adjustment to the Process
Candidacy Requests for 2007
Employees will be required to provide the PSC with the following information at the time of submitting a request for permission or leave to be a candidate:
•Completed “Political Candidacy Request” form (new feature) •Completed “Questionnaire for Supervisors or Managers : Nature of Duties” (new feature) •A signed organizational chart •A detailed, up-to-date, approved work description
Only requests that provide the completed list of documents will be considered by the PSC. Requests will be “queued” for PSC review based on date they are received.
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Adjustment to the Process
Permission or leave of absence without pay to seek nomination or be a candidate in an election
PHASE 1
Flowchart for Candidacy Requests
Employee submits request to PSC (as per Web site information)
Employee provides:
1) Political Candidacy Request – Basic Information Form (NEW) - Name of employee - Contact information & work location - Position title - Group & level - Manager’s contact information - Nature of the election (federal, provincial, territorial or municipal) - Type of elected position sought - Electoral district/riding/municipality/ ward - Electoral Officer-Contact information (Municipal) - Date PSC decision required (request submitted no later than 30 days before decision required)
PHASE 3
PHASE 4
PSC undertakes the following:
PHASE 2
PSC receives Political Candidacy Request: - Material provided by employee is reviewed - Employee contacted to clarify or obtain missing/ incomplete information - On going contact with employee/manager as required - On going contact with departmental designate
Acknowledge employee request - Remind employee of obligations Call Electoral Officer (Nature of election) - Date of election - Deadline to register or withdraw - Political parties - Type, level, characteristics of district riding/municipality/ward - Any issues involving federal government - etc. Prepare e-mail from President to employee’s Deputy Head – send Input Form (NEW)
PSC ANALYSIS “seeking nomination, or being a candidate will not impair or be perceived as impairing the employee’s ability to perform his or her duties in a politically impartial manner”
Subsections 114(6) and 115(3) of the Public Service Employment Act
Employee also provides:
2) Approved organization chart 3) Approved detailed description of duties 4) Questionnaire Form completed by manager (NEW) From: Political Activities Regulations
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Adjustment to the Process
Political Candidacy Request – Basic Information Form
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Adjustment to the Process
Questionnaire Form Completed by Manager
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Adjustment to the Process
Deputy Head – Input Form
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Adjustment to the Process
Candidacy Requests in 2007
Elements of Analysis
•Political Candidacy Request •Questionnaire for Supervisors or Managers : Nature of Duties •A signed organizational chart •A detailed, up-to-date, approved work description •Deputy Head Input • • • • • Employee’s role and type of responsibilities inherent the position Level or importance in hierarchy Visibility of the position Elected office sought Deputy Head input
Assessment Against Criteria
CONCLUSION • Permission to be a candidate before/during the election process
• Conditions
before/during the election period if elected
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Adjustment to the Process
Candidacy Requests in 2007
• Detailed review by the Commission
• Commission determines:
Permission Conditions
Approval Process
• Employee signs statement – understands and agrees with all requirements
• Upon receipt of signed statement, Commission finalizes Record of Decision and informs DH and employee • Commission publishes notice in Canada Gazette
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Next Steps
Candidacy Requests in 2007
• Message from the President of the PSC to Deputy Heads
• To advise of adjustment to the process for submitting candidacy requests to the PSC (including message for employees)
• Update the PSC Web Site outlining “Procedure for Requesting Permission or Leave” with links to new forms for completion • Enhanced Communication
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Designated Representative
Your Role
1. Provide advice and assistance to employees and managers. Seek PSC guidance if required 7. Update Designate contact 6. Assist the implementation of corrective actions prescribed by the PSC 2. Provide PSC with information and documents requested for permission requests and investigations As the 3. Educate Deputy Head’s employees and Political managers
Activities Designate, you need to:
•Information and orientation sessions •Brochures •Intranet, etc
5. Provide input for the Deputy Head
4. Ensure conditions are respected such as “cooling off periods”
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Elections in 2007
Fixed Dates for Future Elections
PROV Newfoundland & Labrador October 9, 2007
MUN – Alberta October 15, 2007 MUN – Saskatchewan October 31, 2007*
*Elections for Councillors representing evennumbered divisions in rural municipalities
PROV – Ontario October 10, 2007
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Political Candidacy Requests
Questions?
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