Candidacy in municipal elections
115.
(1) 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.
Granting of permission
(2) The Commission may grant permission only if it is satisfied that seeking nomination as, or being, a candidate in the election will not impair or be perceived as impairing the employee’s ability to perform his or her duties in a politically impartial manner.
Factors
(3) In deciding whether seeking nomination as, or being, a candidate will impair or be perceived as impairing the employee’s ability to perform his or her duties in a politically impartial manner, the Commission may take into consideration factors such as the nature of the election, the nature of the employee’s duties and the level and visibility of the employee’s position.
Conditions
(4) The Commission may make permission under this section conditional on
(a) the employee taking a leave of absence without pay
(i) 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, or
(ii) for the period in which he or she is a candidate during the election period; and
(b) the employee taking a leave of absence without pay or ceasing to be an employee if he or she is declared elected.
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