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Political Activities - Towards the Implementation of a New Regime
Get Ready Session for Designated Representatives (October 19, 2005)
Table of Contents
Introduction
Presentation outline
- The legislative framework, the approach, roles and responsibilities related to:
- Federal public service employees' involvement in political activities
- Candidacy in an election
- Investigations of allegations of improper political activities
- Accountability
- Support Initiatives
General information
- Who we are
- Part 7 of the new Public Service Employment Act (PSEA)
- Organizations to which Part 7 applies:
- Schedule I, IV and V(7 organization's of the Financial Administration Act (FAA); and
- Canadian Institutes of Health Research
- Financial Transactions and Reports Analysis Centre of Canada
- Canada Revenue Agency
- Parks Canada
- National Film Board of Canada
- Coming into force: December 2005
- Consultations
- Canada School of Public Service
The new legislative framework...
What constitutes a political activity?
- Political activity is defined in the PSEA as:
- carrying on any activity in support of, within or in opposition to a political party;
- carrying on any activity in support of or in opposition to a candidate before or during an election period; or
- seeking nomination as or being a candidate in an election before or during the election period.
Part 1 - Federal Public Service Employees' Involvement in Political Activities
(Political Activities Other than Candidacy)
PS employee involvement in political activities
- Statutory Provisions (s. 113)
- An employee may engage in any political activity as long as it does not impair, or is not perceived as impairing, the employee's ability to perform his or her duties in a politically impartial manner.
- The PSC has authority to recommend regulations regarding unacceptable political activities.
PSC approach
- Guidance and a self-assessment tool will be provided by the PSC to assist employees and departments in determining on a case-by-case basis if an activity is permissible keeping in mind factors such as:
- nature of the activity;
- nature of the employee's duties;
- level and visibility of the employee's position.
- Employees are encouraged to seek advice as required from their manager, head of human resources or their organization's designated representative.
- Where departments and agencies require assistance, they would be able to contact the PSC for advice.
How does the Values and Ethics Code fit in?
- Activities that do not fit the definition of political activity under the PSEA are subject to the Values and Ethics Code for the Public Service.
- Outside activities must not give rise to a real, apparent or potential conflict of interest or undermine the neutrality of the Public Service.
- The PSC and the OPSVE of the PSHRMAC will work cooperatively to assist departments and agencies.
Roles and responsibilities
- Deputy heads cannot engage in any political activities other than voting (s. 117)
- Deputy heads or their designated representative need to:
- inform their employees of the new regime and keep them apprised of any development;
- provide assistance to employees seeking clarification and determine if an activity is permissible;
- look into situations of inappropriate involvement - take disciplinary measures, where applicable; and
- be able to seek guidance from the PSC, as required.
- Employees
- are responsible for examining their specific circumstances in order to determine whether or not they can engage in a given political activity and for seeking advice from their organization's designated representative when in doubt.
Part 2 - Candidacy in an Election
Political partisanship
- Current PSEA
- Prohibits employees from being candidates in federal, provincial and territorial elections, unless the PSC, at its discretion, has granted a leave without pay (LWOP) for candidacy (s. 33)
Candidacy in an election
- Statutory provisions (s. 114 – 115)
- An employee seeking nomination to be a candidate or wishing to be a candidate may only do so after receiving PSC approval to do so.
- The PSC is responsible for:
- Granting permission and leave for candidacy in federal, provincial, territorial and municipal elections; and
- Determining whether successful candidates in municipal elections must take leave without pay or cease to be employed in the public service.
- Seeking nomination vs. being a candidate in a federal, provincial or territorial election.
- Employee may seek nomination before or during election if PSC permission obtained.
- Employee may be a candidate before election period if PSC permission obtained.
- Employee may be a candidate during election period if LWOP obtained from the PSC.
- PSEA requires that:
- PSC must be satisfied employee can perform duties in a politically impartial manner;
- Authority to grant permission or LWOP is not delegated to departments.
- Effect of being declared elected
- Employee ceases to be an employee on the day declared elected in a federal, provincial or territorial election.
Proposed approach
- Regulations on Candidacy have been established related to the process for granting permission and leave without pay to employees who wish to be candidates in a federal, provincial, territorial or municipal elections.
- Operational Policy has been established which will provide further information on the factors the PSC will apply when considering employee requests as well as further information about the process to follow to request such permission and leave.
Candidacy Regulations
- Regulations set out:
- the content for a request;
- the time frame in which a request must be brought;
- the requirement to review and analyze information pertaining to the request;
- the requirement to notify parties of its decisions.
Roles and responsibilities
- Deputy heads will:
- ensure employees respect the legislative requirements related to seeking candidacy and submit requests in accordance with regulations and guidelines;
- provide the PSC on a timely manner regarding the employee's duties and any sensitive aspects of the work;
- ensure any conditions imposed regarding a request are respected, e.g., "cooling off" period.
- The PSC will:
- review requests for candidacy and deal directly with the employee and the organization through the Political Activities Designate for the department;
- make decisions on permission and leave without pay and advise the employee.
Your role as political activities designate
- You are the focal point for political activities in your department or agency.
- You can expect to receive questions from prospective candidates for election.
- You provide input to the PSC for the deputy head.
- Use your Toolkit.
Considerations regarding requests for candidacy
- What kind of requests can you expect to receive?
- What to tell prospective candidates.
- Responsibilities of prospective candidates.
- How and when to announce candidacy.
- What to do when an employee acts in contravention of the PSEA.
What you can do to assist employees in their decision making process
- Suggest advising their supervisor that they wish to seek nomination as a candidate.
- Suggest communication with the Political Activities designate in the department or agency.
- Suggest a visit to the PSC Political Activities Web site.
- Recommend writing to the Public Service Commission requesting permission to seek nomination.
Before seeking nomination
- There is usually an exploratory period before the employee actively seeks nomination.
- Is it personally feasible to seek the nomination?
- Employee benefits
- Pension repercussions
- Rejoining the Public Service in the future
- No public announcements of intention to seek until permission has been granted.
Municipal elections
- What is new?
- Different provisions because of holding office part-time.
- Employee may continue to work even if elected to office.
- Employee may be required to take LWOP for any or all stages of candidacy and election.
- Decision may be to cease to be employed if elected.
Indian bands and school boards
- Governor in Council designation under the PSEA.
- To date, the Governor in Council has not designated any local or regional authority.
- Band elections or school board elections are not subject to Part 7 of the PSEA.
- These activities, would, however, be subject to the Values and Ethics Code.
PSC considerations when analyzing a request for candidacy
- Refer to the PSEA.
- Whether candidacy will impair or be perceived as impairing impartiality.
- The nature of the election.
- The nature of the employee's duties – responsibilities, budget, supervision, visibility, level.
- The level and visibility of the employee's position.
- Using the job description.
Political affiliation
- The new PSEA assures the right to participate in political activities so long as as they do not impair or are not perceived as impairing the ability to perform duties in a politically impartial manner.
- Party affiliation is not a factor in assessing the request or in granting permission.
- The PSC and organizations should not ask for this information.
Start of leave without pay
- Under the new Act, the PSC will have the discretion to defer the start of the leave without pay for candidacy.
- Possible scenarios and impact on the employee.
Changing jobs?
- If, after receiving permission to seek nomination, the employee gets a new job in the public service?
- The employee needs to inform the PSC.
- The PSC will examine the new role.
- The PSC will confirm whether the initial permission stands.
Employees in acting assignments
- Which job should I report on when applying for permission?
- If the assignment will continue for a reasonable time.
- If reverting to substantive before the election, report on that too.
- The PSC will examine both jobs and decide on both.
After the election process…
- What happens after the election? Return to work.
- If elected in a federal, provincial or territorial election – process for ceasing to be an employee.
- Municipal elections – full or part-time elected officials.
Possible contravention of the PSEA
- The PSEA is an Act of Parliament and a law.
- Allegation of improper political activity.
- PSC may investigate allegations.
- Substantiated allegation - corrective measures or dismissal.
Part 3 - Investigations of Allegations of Improper Political Activities
Investigations of allegations of improper political activities
- Statutory Provisions (s. 118 – 122)
- Any person can make an allegation of improper political activity by an employee.
- Only a candidate or an ex-candidate in an election can make an allegation that a deputy head has engaged in a political activity other than voting in an election.
- The PSC may investigate any allegation and if substantiated, the PSC may dismiss the employee, or take appropriate corrective action (in the case of a deputy head, the Commission reports its conclusion to the Governor in Council, who may dismiss the deputy head).
- Investigation may be carried out by a Commissioner or any person.
- Investigator has powers under the Inquiries Act
- subpoena witnesses;
- order production of documents.
- Person making the allegation and employee or deputy head against whom it is made are entitled to be heard.
Regulations on investigations
- Regulations set out:
- form of an allegation;
- time frame in which an allegation must be brought;
- requirement to notify interested parties of the decision to investigate or not;
- opportunity to be heard;
- requirement to notify parties of the results of the investigation and corrective action taken; and
- discretion of the Commission to disclose information publicly.
Guidelines
- Guidelines will outline:
- Commission address to which allegations should be forwarded;
- criteria for determining whether the Commission will investigate an allegation or not;
- investigation process;
- methods of investigation; and
- procedural fairness.
Roles and responsibilities
- Deputy heads or their designates will need to:
- provide assistance to the PSC in the conduct of its investigations; and,
- implement corrective action prescribed by the PSC when an allegation is substantiated.
Accountability in the Area of Political Impartiality
PSC - Responsible for safeguarding the political impartiality of the public service
- Provides guidance and advice to help public servants make reasonable decisions.
- Grants permission or leave to public servants who want to become candidate in an election.
- Investigates allegations and takes corrective measures where applicable.
Departments & agencies - important role to play
- In these three areas…
- Political activities other than candidacy.
- Candidacy in an election.
- Investigations of allegations of improper political activities.
Political activities other than candidacy
- Deputy heads or their designates:
- need to inform their employees and keep them informed of the new regime;
- need to provide assistance to employees seeking clarification and determine if an activity is permissible;
- need to look into situations of inappropriate involvement
- take disciplinary measures, where applicable, (e.g. where no allegation is made).
- be able to seek guidance from the PSC, as required.
Candidacy in an election
- Deputy heads:
- ensure employees respect the legislative requirements related to seeking candidacy and submit requests in accordance with regulations and guidelines;
- provide the PSC with information on the employees' duties and any sensitive aspects of the work;
- ensure any conditions imposed, such as a cooling off period, are respected.
Investigations of allegations of improper political activities
- Deputy heads or their designates will need to:
- provide assistance to the PSC in the conduct of its investigations; and,
- implement corrective action prescribed by the PSC when an allegation is substantiated.
To ensure collaboration of departments and agencies, the PSC will…
- provide information to departments and agencies on what is expected of them (e.g. roles and responsibilities);
- provide tools to be used by departments and by the PSC to see if their roles and responsibilities are fulfilled (e.g. indicators, measures);
- monitor performance in this area (e.g. results of investigations, types of inquiries, issues raised, departmental visits, reporting).
Some outcomes of PSC's monitoring in the area of political activities
- Part of PSC's annual report to Parliament
- Special Reports to Parliament
- Feedback to deputy heads
- Possible feedback to Committee of Senior Officials (e.g. for deputy heads performance evaluation)
- Possible visits from the PSC to departments for feedback
- PSC may audit any matters under its jurisdiction
End Result?
- Organizations safeguard the political impartiality of the federal public service in their delivery of services and products to Canadians.
Support Initiatives… the importance of communication/education…
- Great importance to be given to the communication/education:
- Tool kit highlighting the regulations, the guidance, frequently asked questions, roles and responsibilities;
- A web site and web-assessment tool (with links to the Values and Ethics Code);
- A brochure for employees highlighting key components of the new regime;
- A designated phone line re: questions;
- A module for inclusion in orientation sessions and paragraph in letters of offer;
- References to the new regime, where appropriate, in courses offered by the Canada School of Public Service;
- A document for the public regarding employee rights to engage in political activities and public's right to be served in a politically impartial manner.
Post-implementation
- Review of the proposed approach:
- The approach will be reviewed in the context of a broader evaluation of the implementation of the new PSEA;
- Experience gained from on-going monitoring, trends analysis and investigations will allow for adjustments based on concrete evidence;
- A survey of public servants may also be used to establish their level of knowledge on the issue.
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