1 General Election 2008: Guidance for State Ser vants As the country prepares for this year s general election, it is timely to consider some of the implications of this event for employees in the State Services ( State servants ). This fact sheet provides you with some guidance during the election period, both at work and outside working hours. uestions Introduction and purpose...2 What is political neutrality?...2 Why is political neutrality so crucial during a general election?... 2 Can I express my own political views in my job?...3 Can I be politically active in my community?...3 Can I use work premises or resources for party political purposes?... 4 What if an MP or political party requests information during the election period?...5 What if the media contact me at work about an election issue?... 5 What if I want to stand as a candidate in the election?...5 How involved can I be on election day?...6 Remember these key points:...6 / 978-0-478-30330-8
2 Introduction and purpose The has issued comprehensive guidance for the 2008 election period, covering such matters as briefings for incoming Ministers, election advertising and significant decision-making before an election. This summary guidance concentrates on those aspects of the wider guidance material that relate to individual State servants; for instance, standing for election and appropriate levels of political activity. As the country prepares for this year s general election, it is timely to consider some of the implications of this event for those who work in the State Services 1 ( State servants ). This fact sheet provides you with some guidance during the election period, both at work and outside working hours. It can be summarised in the obligation to keep your job out of politics and politics out of your job. What is political neutrality? State servants and all those who work for State Services agencies are responsible to Ministers who in turn are accountable to Parliament. State servants, therefore, must be able to work with current and future governments. They must act in a way that maintains the confidence of their current Minister, and that will enable the same relationship to be established with future Ministers. In order to do this, State servants must be politically neutral, i.e. they must perform their jobs professionally and without bias towards one political party or another. Why is political neutrality so crucial during a general election? State servants need to take particular care how they conduct themselves during the election period. A series of fact sheets has been circulated to departments on the importance of political neutrality within the State Services 2. You may have read some of these. Political neutrality means that in your work you need to be, and be seen to be, politically neutral at all times. This takes on particular significance in the run up to, during and in the immediate period after, a general election. Political neutrality maintains the public s trust and confidence in the institutions of government. It ensures there is continuity in the business of government regardless of which party is in power. Political neutrality also protects you against any inappropriate political pressure that could be brought to bear on you at work. There is an increased need for this protection over an election period, when normally acceptable situations and working relationships can take on particular significance and sensitivity. The political neutrality principle is relevant for State servants in all jobs. It does not mean you should take no personal interest in politics. Regardless of the work you do, however, you must not behave, or be seen to behave, either at work or outside working hours, in any way that could compromise your agency. The more senior your position, the more important it is for you to be vigilant in this respect. 1 State Services is defined in section 2 of the State Sector Act 1988. 2 Refer to www.ssc.govt.nz/other-resources-integrityandconduct
3 At election time you can expect more interest than usual in your work. There will be greater public awareness of the way State servants conduct themselves over this period, so this is a time to take extra care. Can I express my own political views in my job? You have the same democratic rights, including the right of free speech, as all other New Zealanders. You are encouraged to exercise those rights. However, because you are a State servant you have to consider carefully when and how you express your political views. It is understandable and natural that your political affiliations might come up in the course of conversations with your work colleagues and your friends and acquaintances. However, in the work setting, you must avoid pushing a party line or expressing your political views in a way that could be taken as a comment about your job. You must not campaign for a party or a candidate at work. If your work involves speaking publicly, you must avoid showing any political bias. During the election period you must be particularly careful about this. It is important not to be seen to bring politics into your job or your job into politics. Can I be politically active in my community? The principle of political neutrality remains the same during an election as it does at all other times. Outside their work setting, State servants should feel able to take an active interest in political matters. In the great majority of cases, it is acceptable for you to belong to and to play an active role in a political party, or an organisation that is a listed third party under the Electoral Finance Act 2007. However, the more senior your position in a State Services agency, the more care you will need to exercise before taking on a public role (spokesperson on a particular issue, for instance) within such a political party or organisation. If in doubt, you should seek guidance: this may need to be from your manager or head office HR staff, or your chief executive or board chair depending on your current role. New Zealand is a small country and if you are an active member of a political party you cannot avoid it being known. Staff with leadership roles should not involve themselves in activities such as delivering flyers, displaying party political bumper stickers or publicising a party with a hoarding outside their house. It is not acceptable for any State servants to agree to have their photo included in political party advertising. The right of State servants to stand for election is covered below. If you are actively involved with a political party, or listed third party you should advise your manager or chief executive as soon as possible. Together, you can work out whether this could cause conflict for you, your workplace and agency and if so, what steps could be taken to manage this conflict. Remember, political neutrality requires that you must not cause embarrassment to your Minister, your agency or your work colleagues.
4 Can I use work premises or resources for party political purposes? No, it is not appropriate for the premises or other resources of agencies to be used for electioneering. For example, posters or other material that promote a political party or lobby for or against issues likely to feature in the election, must not be displayed on agency premises, vehicles, or websites. This means you cannot allow your local MP or another election candidate to use your work premises for meetings. An exception may be made for premises that are effectively public venues, and for which normal commercial terms are imposed. There is also provision in the Electoral Act 1993 for political parties to use State schools for election meetings for the public 3. Public service departments are party to a Partnership for uality agreement between the Government and the Public Service Association. Many State Services agencies have agreements with other employee groups. The representational activities of these employee groups within work sites are acceptable. The content, however, must not be political party advertising under the banner of the employee group. In an election period, it is appropriate for these groups to share with their members the approach they are taking to party policies, and for their members to share this material with others who may be potential members. Any display of this type of election-related material must be on a space dedicated to the employee group and in a staff-only area to avoid any public misperceptions about purpose. Subject to those conditions, neither the content and distribution, nor any consequent discussion in the work place of this type of employee group material, breaches the political neutrality obligations of State servants, provided they: do their job professionally and loyally, without letting their personal interests or views influence their advice or behaviour, and without bias towards one political party or another; and are not involved in party-political activities if these could be seen as compromising the political neutrality principle or undermining public trust in their agency. If an employee group becomes a listed third party under the Electoral Finance Act, there may be some implications for activities such as the distribution and display of material on agency premises. State servants should be careful about providing their work place contact details to political organisations. For example, sending or receiving party political material (for personal information) through an agency s fax, e-mail or other on-line facilities is likely to be perceived as undermining that agency s impartiality. You must not give your work or agency contact details including phone, fax and email to organisations that are involved with the election campaign. You must not use your work email to communicate about political issues or use the work photocopier or printer to run off party political material. If you are sent a party political email, either delete it or refer it to your manager, but do not respond or forward the email to any other person. You must not put up political party posters at work or in an agency vehicle, or wear political badges at work. See: www.ssc.govt.nz/election-guidance-2008 (section 2.3) for further details. 3 Refer to section 154 of the Electoral Act 1993.
5 What if an MP or political party requests information during the election period? As always, the Official Information Act applies to such requests. Your agency will have in-house guidance on MP requests: see the SSC guidance also www.ssc.govt.nz/election-guidance-2008 (section 2.4). In an election year an MP may have the dual role of advocating for constituents and campaigning for re-election. This can make a difficult situation out of what might otherwise be routine contact between an MP and a local office. If you receive an information request from an MP or another candidate in the election, you should refer the request to your manager. Managers should contact their chief executive if they are unsure how to handle a specific situation. What if the media contact me at work about an election issue? You must follow your agency s media policy. If you are contacted by the media, you must refer the request to your manager or your agency s spokesperson. If you are the spokesperson, as always, stick to explaining policy it is not your role to defend or criticise it. What if I want to stand as a candidate in the election? If you want to stand for election to Parliament either on a party list or for a constituency, you will have to take annual or unpaid leave and stand down from your position at least from Nomination day until the first working day after Polling Day 4. This stand down period may begin before nomination day if your manager believes that your candidacy could affect your ability to carry out your work If you are elected you are considered to have vacated your agency position. If you stand and are unsuccessful you may go back to work on the first working day after Polling Day. Circumstances may arise where it is appropriate for an employer to assign different duties to a State servant who returns to work after an unsuccessful election bid. State servants who stand for election need to take particular care not to abuse their position by disclosing information they are not authorised to disclose, revealing information that is not available to the public, or putting forward their own views as those of their agency. You need to consider carefully the consequences of standing for Parliament and being unsuccessful. Gaining a high political profile in the community could affect the relationship you might have with Ministers in the future. More stringent provisions may apply on a case by case basis if a senior State servant intends to stand for election; especially if your current role brings you into close or regular contact with Ministers. See: www.ssc.govt.nz/election-guidance-2008 (section 2.3) You must let your manager, chief executive or board chair know as soon as you decide to stand as a candidate. 4 The conditions are set out in the Electoral Act 1993, section 52.
6 How involved can I be on election day? State servants should be encouraged to vote and to participate in the administration of the election, for example as an election official. However, involvement in political activity is more complex. As a guideline for what is appropriate on election day, avoid situations that could be a source of embarrassment to your agency, or confusion for people who know you work for a government agency. If you hold a leadership position, or have a high profile in your community as a State servant, you should avoid being visibly associated with a political party on election day. This means you should not drive electors to polling booths on behalf of a political party or preside over events at a party s headquarters. Similarly, if you are at a candidate s post-election party you run the risk of compromising your impartiality. You could also attract the attention of the media. The skills of many State servants may be valuable in assisting the election process by carrying out the tasks of a scrutineer. Although candidates nominate scrutineers, it would not be regarded as an unacceptably partisan activity provided you do not visibly identify with a political party. This means that when scrutinising election activities in a polling booth or at the returning office you must not wear a party rosette. Being a State servant is not always straightforward. However, talented people who wish to make a contribution to New Zealand have a great opportunity to do so in the State Services. It can be a testing time around elections, avoiding conflict and balancing the many aspects of your life work, family, friends, and outside interests and activities. Remember these key points: Political neutrality maintains the public's trust and confidence in the institutions of government. It ensures there is continuity in the business of government regardless of which party is in power. Political neutrality protects you against any inappropriate political pressure that could be brought to bear on you at work. If you are concerned about a situation that you think might threaten your political neutrality, talk to your manager or chief executive. For more detailed election guidance see: www.ssc.govt.nz/election-guidance-2008