I have just rung the electoral commission who are 'concerned' about the use of Labour party election material previously mentioned on Indymedia that was being handing out on Saturday. They suggest I contact the umbrella pointer himself Michael Frater. Has anyone got a copy of the leaflet they can hand into the Elections Office at the city council as their lawyers are interested in the issue. To anyone receiving this leaflet it looked like public money was yet again being frittered away but this time paying for a party political broadcast by having the city council logo on it.

Lets keep the 'weasel(s)' busy with lawyers so that they stop trying to muscle in on grass roots campaigns in order to make political gains!

Johnnie 'please dispose of carefully' Collins and chums have gone too far this time, and we are not going to let them get away with it. They clearly have a hidden agenda, one which serves the privileged few and not the many who pay the taxes to sustain them.

Their carefully managed marketing campaign at our expense designed to bolster their own position has been seen through by many and it is only a matter of time before the whole lot comes to a head zo to speak.

I totally agree with your above comments 'Lets keep the 'weasel(s)' busy with lawyers so that they stop trying to muscle in on grass roots campaigns in order to make political gains!

The full text is included below. Of particular interest are the following segments:

"Events involving Councillors should be managed with a view to diminishing them as the election approaches, and avoiding them, as far as possible, during the period following the notice of election... [A]ny information provided must be purely factual and not seek to associate the new service with a portfolioholder or the majority party (see also 4 below)."

"Publicity should not deal with controversial issues or report views, proposals or recommendations in such a way that identifies them with individual members or groups of members. However, it is acceptable for the authority to respond in appropriate circumstances to events and legitimate service enquiries provided that their answers are factual and not party political."

"[N]on-restricted staff may engage in political activity but they must do this in their own time and not in such a way as may create a conflict of interest with their role as a Council officer. They must not use any Council facilities or equipment, nor seek to associate themselves with the City Council whilst so engaged. Councillors should not seek to solicit the support of City Council officers for political activity, nor seek to improperly influence officers to provide support and assistance. If any officers report that this has happened, their Corporate Director and the Chief Executive should be informed immediately. "

So Michael Frater needs to be reported to himself then perhaps!

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Guidance in relation to the pending election

The approach to an election can be very sensitive in terms of ensuring the "machinery" of Local Government continues to function in providing services but, at the same time, is not perceived as being biased for or against any political party. The period between the notice of the election (for
the forthcoming election this is 27 March 2007) and the election has also been recognised as being a time when particular care has to be taken in issuing publicity. Forward planning, well in advance of this period, should
have ensured that the approach to an election is not marked by any controversy over perceived partiality in Council administration. A balance has to be struck here with the need to continue to function as a Local Authority, making decisions and providing services and responding to externally imposed deadlines. Since the introduction of Leader and Cabinet executive government, there also has to be a recognition that portfolioholder involvement with decisions may be required right up until the election. Set out below are some of the most important points to take on board to ensure that the City Council is being seen as even-handed in the way it conducts itself in the period approaching an election.

1 Decisions
Where possible, it is suggested any politically controversial decisions should be programmed outside the most sensitive period. Some decisions, including the Council budget approval, are necessarily close to the election and cannot be avoided, but regard should be had to managing business to avoid the increasing sensitivity as the election
approaches.

2 Events
Events involving Councillors should be managed with a view to diminishing them as the election approaches, and avoiding them, as far as possible, during the period following the notice of election. Similar considerations apply to launches of initiatives. It is acknowledged that some new service initiatives may be deliberately aimed at commencing at the start of a new financial year. If so, any information provided must be purely factual and not seek to associate the new service with a portfolioholder or the majority party (see also 4 below).

3 Use of Facilities
A clear distinction needs to be drawn between the use of facilities, such as "surgery" rooms, by a Councillor in their capacity as a Councillor, and their use for support for the work of a political party. There should always be a clear line drawn on this, as it is extremely important
that the City Council cannot be criticised for covertly allowing or tolerating use of its facilities for electioneering purposes. This does not just relate to rooms, it is clearly also applicable to City Council equipment, including computers and vehicles.

If any political party expressly requests use of any building, on commercial terms or otherwise, the request should be referred to the Director of Legal Services and Projects (telephone 915 4503).

4 Publicity
The law on Local Authority publicity has two main elements:-
(a) a Local Authority shall not publish any material which appears to be designed to affect public support for a political party;
(b) a Local Authority shall have regard to the National Code on Publicity issued by the Government.

The Code highlights the period following the notice of election as being particularly sensitive "The period between the notice of an election and the election itself should preclude proactive publicity in all its forms of candidates and other politicians involved directly in the election.
Publicity should not deal with controversial issues or report views, proposals or recommendations in such a way that identifies them with individual members or groups of members. However, it is acceptable for the authority to respond in appropriate circumstances to events and
legitimate service enquiries provided that their answers are factual and not party political." The general provisions of the Code are also effective during the run-up to the notice of election and provide guidance which we must have regard to. Publicity is very widely defined:-

" "Publicity", "publish" and "publication" refer to any communication in whatever form addressed to the public at large or to a section of the public" and the law also restricts the provision of facilities and other
assistance for the purposes of publishing material.

A full copy of the national Code of Recommended Practice on Publicity is attached so that you know the context within which we are working.

Any queries in relation to publicity should be channelled through the Communications and Marketing Team and it is important to re-emphasise the requirement to involve that Team in all issues concerning publicity.

5 Staff Issues
It is essential that Council staff are seen to act in a non
party-political manner at all times, and there could be a particular public focus on this in the run up to an election. Individual members of staff may have legal restrictions placed on them in relation to some political activities and such staff, in "politically restricted" posts, should be aware, through references in their contract of employment, that such restrictions apply to them. If they have any doubt then they should contact their department's HR consultant for advice. Generally, non-restricted staff may engage in political activity but they must do this in their own time and not in such a way as may create a conflict of interest with their role as a Council officer. They must not use any Council facilities or equipment, nor
seek to associate themselves with the City Council whilst so engaged. Councillors should not seek to solicit the support of City Council officers for political activity, nor seek to improperly influence officers to provide support and assistance. If any officers report that this has happened, their Corporate Director and the Chief Executive should be informed immediately.

This guidance is necessarily pitched at a very general level. If you require further advice or assistance, please contact Glen O'Connell, Director of Legal Services and Projects (telephone 915 4503).