Being a candidate in a municipal election without permission – Founded

Section 118 – Subsection 115(1) – Founded – Improper political activities – Failure to request and obtain permission – Municipal election

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

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

Conclusions: The investigation concluded that the public servant did not request and obtain permission before seeking nomination as, and being, a candidate in a municipal election. Accordingly, the public servant contravened subsection 115(1) of the Act.

Facts:

The public servant, working in a federal organization, had previously requested permission, and had been elected in municipal elections. The Public Service Commission’s Political Activities and Non-Partisanship Directorate became aware that the public servant had been re-elected but had not requested permission.

The investigation found that the public servant had been re-elected as a member of a municipal council. The public servant was aware of their responsibilities since they had previously requested permission and had contacted their designated political activities representative specifically about this permission process. Although the public servant had begun the process to request permission within their department, they did not follow up to ensure the request was sent to the Public Service Commission or to confirm that they had obtained permission before seeking nomination or being a candidate.

The evidence shows that the public servant failed to comply with section 115(1) of the Act by not requesting and obtaining permission before being a candidate in the municipal election.

Corrective action:

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

• the public servant participate in an individual awareness session on the political activities regime that applies to federal public servants, followed by a discussion with senior management in their organization
  • failure to participate in the awareness session will lead to the dismissal of the employee
• a letter be sent to the public servant, informing them of their non-compliance with section 115(1) of the Act
• for the rest of their mandate as an elected official, the public servant is to advise the Public Service Commission of any change in public service duties or position

Investigation File No.: 21-22-05