POLITICAL ACTIVITIES

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POLITICAL ACTIVITIES
Towards the Implementation of a New Regime
Information Session for Management Committees
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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

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The new legislative framework...

• The new Public Service Employment Act governs
  political activities of public servants
• by recognizing the right of employees to engage
  in such activities
• by maintaining the principle of political
  impartiality of the public service.

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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.

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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 employees ability to
  perform his or her duties in a politically
  impartial manner.
• The PSC has authority to recommend regulations
  regarding unacceptable political activities.

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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 employees duties
• level and visibility of the employees position.

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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.

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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 organizations
  designated representative when in doubt.

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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.

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Candidacy in an election (cont.)

• Seeking nomination vs. being a candidate in a
  federal, provincial or territorial election.
• Employee may seek nomination before or during
  election period 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.

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Candidacy in an election (cont.)

• 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.

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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.

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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 input to PSC on a timely manner
  regarding the employees duties and any sensitive
  aspects of the work
• ensure any conditions imposed regarding a request
  are respected, e.g., cooling off period.

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Roles and responsibilities (cont.)

• 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.

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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.

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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.
• Under the new Act, the PSC will have the
  discretion to defer the start of the leave
  without pay for candidacy.

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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.

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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).

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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.

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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.

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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.

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Accountability in the Area of Political
Impartiality
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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).

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Some outcomes of PSCs monitoring in the area of
political activities

• Part of PSCs 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 organizations for
  feedback
• PSC may audit any matters under its jurisdiction

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End Result?

• Organizations safeguard the political
  impartiality of the federal public service in
  their delivery of services and products to
  Canadians.