Being a candidate in a municipal election without permission for a second time

Authority: This investigation was conducted under section 118 of the Public Service Employment Act, S.C. 2003, c.22, ss. 12 and 13.

Issue: The purpose of this investigation was to determine whether an employee failed to comply with subsection 115(1) of the Public Service Employment Act, by being a candidate in a municipal election without first requesting and obtaining permission from the Commission.

Conclusions: The investigation concluded that the employee failed to comply with subsection 115(1) of the act when they did not request and obtain permission from the Commission before seeking nomination as, and being a candidate in a municipal election.

Facts: The employee had previously been elected in a municipal election without having first requested permission from the Commission. As a result, they had been the subject of a founded investigation. One of the resulting ordered corrective actions was that they participate in an awareness session on the political activities regime applicable to employees of the federal public service.

In the current case, the employee sent an incomplete request for permission to the Public Service Commission of Canada’s Political Activities and Non-Partisanship Division a few days before the municipal candidacy deadline. Over the phone, the division informed the employee that it was very unlikely that a decision could be made in time and reminded them that they were not to declare candidacy or engage in related activities until they had obtained permission. Even so, the division later found that the municipality’s website showed that the employee had been elected by acclamation as a municipal council member.

The investigation concluded that the employee, as a public servant, was aware of their responsibilities, particularly since they had recently participated in an awareness session and had been reminded by the division of the requirements surrounding candidacy-related political activities over the phone. Therefore, the evidence shows that the employee failed to comply with section 115(1) of the act by not requesting and obtaining permission before seeking nomination as, and being a candidate in the municipal election.

Corrective actions:

Following the conclusion of improper political activities, the Commission ordered that:

• the employee participate in an individual awareness session offered by the Public Service Commission of Canada on the political activities regime applicable to federal public service employees
• the awareness session be followed by a discussion with their assistant deputy minister
  • failure to participate in the awareness session and the discussion will lead to the employee’s dismissal
• a letter be sent to the employee informing them that they failed to comply with subsection 115(1) of the act and to remind them of their obligations about the political activities of federal public service employees
• a copy of this letter be sent to their deputy head to inform them that the employee failed to comply with their obligations for a second time
• for the duration of their mandate as an elected official, they must inform the Public Service Commission of Canada of any change in their public service duties or position
• for the duration of their mandate as an elected official, they must not be involved in staffing processes involving people who live in their municipality or any contracting or procurement files involving entities located in their municipality.

Investigation File No.: 22-23-07