Policy overview
This policy:
- provides details of politically-restricted posts which are subject to restrictions (PoRPs)
- includes the process to challenge a post designated as politically restricted to avoid perceived bias
- incorporates advice for employees standing for election
- only applies to post holders of PoRPs
All employees must be politically neutral, as per the Code of Conduct.
Executive directors will follow the procedures in this policy to ensure all appropriate posts are listed.
Legal background
By law, we must maintain and publish a list of posts which are "politically restricted".
Individuals holding politically-restricted posts cannot have an active political role.
This restriction:
- applies either inside or outside the workplace
- forbids post holders from holding or standing for elected office
It also prevents postholders from:
- participating in political activities
- publicly expressing support for a political party
- undertaking other activities such as canvassing for a candidate
- speaking to the public at large
- publishing any work suggesting they support a political party
Employees covered by this legislation are not barred from membership of political parties. This only prevents participation in political activity.
Responsibilities
The chief executive as the head of paid services is responsible for dealing with appeals from staff designated as holding a sensitive post.
Executive directors and assistant director level posts are responsible for:
- determining whether a new or changed post in their service is politically restricted. This applies to all posts up to head of service level
- notifying potential candidates or officers of the effect on their conditions of service
- ensuring that the head of HR is informed of changes to the list
- keeping copies of any correspondence to the officer and head of HR
Head of HR is responsible for:
- holding the official copy of the list on behalf of the chief executive. They must keep the list up to date
- publishing the list and dealing with requests to inspect it on behalf of the chief executive
- registering appeals from officers, giving an opinion and recording the details and outcomes of appeals
- reviewing and revising the policy
- ensuring that the status of all people and posts is recorded on the relevant HR systems
Categories of PoRPs
Specified posts
Specified posts are automatically subject to restrictions on political activity. There is no right to appeal. These posts are:
- chief executive as head of paid service
- statutory chief officers, for example, director of children's services
- non-statutory chief officers, for example, executive directors or chief fire officer. They mostly report directly or are directly accountable to the head of paid service
- deputy chief officers, for example, assistant directors and assistant chief executives reporting directly to the chief executive or executive directors
- monitoring officer
- chief finance officer
- posts to whom the council has delegated any of its powers to make decisions
- assistants to political parties
Sensitive posts
A sensitive post is one which involves giving advice (not factual information) regularly to:
- the executive or any executive committee
- the full council or a committee, sub-committee
- a joint committee on which the council is represented
- any member of the executive who is also a member of the council
Any employee who regularly speaks to journalists or broadcasters on our behalf is also considered to hold a sensitive post.
These postholders may appeal to the chief executive to be exempted from the list. An appeal might be because we have wrongly applied the criteria.
Exempted posts
Teachers, headteachers and lecturers are exempt from political restrictions.
Records
The official copy of PoRPs shows the post title and the relevant category. It is updated regularly and we publish this on our website.
Employee data is necessary to ensure that we keep the official copy up to date. This data includes:
- necessary correspondence to employees when being advised of their PoRPS status and category
- necessary documentation relating to appeals lodged and completed
HR store this data in systems that comply with relevant data protection legislation.
HR will regularly update the data stored in these systems to take into account:
- new posts created that may be subject to a PoRPs category
- restructures or reorganisations
- other relevant factors
Appeals
Officers in the sensitive-post category may apply for exclusion from political restriction.
The appeal may be because their post is not politically-sensitive.
Officers in a post which we have not determined as politically-sensitive may be included by the chief executive upon challenge by any person.
Appeal procedure
There is a four-stage procedure.
Stage 1 - decision-making (by the executive director)
When a post up to the head of service level is established, changed or filled, the executive director will determine:
- whether the post is politically-restricted
- if the post is politically-restricted, which category (specified or sensitive) applies
Service area managers and HR will support the executive director as required.
The head of HR will operate this stage for posts at these levels:
- assistant chief executive
- executive director
- assistant director
- head of service level
If the post is identified as politically restricted, then move to Stage 2.
Stage 2 - immediate action (operated by the executive director)
In the case of an existing post or person, the executive director is responsible for notifying the post holder of the:
- modification to their terms and conditions of employment
- effective date
- effect of the designation
- right of appeal, if applicable
When seeking to fill a post which is politically restricted or a new post, the executive director should:
- action the vacancy in the normal way and clearly mark the PoRP status of the post
- highlight to the recruitment team that the further particulars need to reflect the PoRP status
- ensure that during the interview process, the PoRP status is confirmed to candidates
- ensure that the terms and conditions document incorporates the PoRP status
- provide details of any right of appeal, if applicable
- cover the practical effect of the restriction and the arrangements to deal with (potential) breaches in the induction process
Service area managers and HR will support the executive director as required.
Stage 3 - appeal
Officers who occupy specified posts have no right of appeal.
Officers in a sensitive post may apply directly to the head of HR to be removed from the list.
The chief executive, as head of paid services, will consider this appeal. As an example, this procedure is appropriate if an employee wishes to stand for election.
Officers in the sensitive post category can appeal against inclusion on the list. They will need a certificate of opinion issued by the head of HR to lodge this appeal with the chief executive.
This procedure is appropriate when a post is a new addition to the PoRPs list.
The certificate of opinion must:
- be accompanied by a current description of duties and responsibilities
- indicate whether we believe that the post or person should be retained or deleted from the list
- show which of the tests (if any) have led the head of HR to take that view
The certificate of opinion is part of the appeal form PO2. The head of HR will issue the PO2 form to those who wish to register an appeal.
The head of HR will receive requests for a certificate of opinion direct. They must:
- respond within 14 days
- consult the appropriate executive director regarding the view included in each certificate
The employee will send the completed form to the chief executive who may arrange a meeting with them. The chief executive will decide whether to uphold the appeal of the employee or not.
The chief executive will pass their direction to the appropriate executive director who is then responsible for:
- amending personnel records
- changing or confirming the contractual position in writing to the officer
The chief executive may request additional information to make a decision. The head of HR will provide that information after consultation with the relevant executive director.
Stage 4 – recording (operated by all officers involved)
The people management systems hold the official list of PoRPs.
Executive directors should:
- record the status of posts and people
- ensure retention of any relevant correspondence about PoRP status on the employee's personal file
Appeal process
Employees in a sensitive post who wish to appeal should:
- complete parts 1, and 2a of the appeals form and form PO2
- send the appeals form to the head of HR
The head of HR will send the employee the appeals form with the duly completed certificate of opinion within 14 days.
The form will indicate whether or not the head of HR considers the post to be politically sensitive and, if it is, give the reason.
The head of HR will also supply the employee with a copy of their job description.
The employee will:
- complete Parts 3 and 4 of the appeals form
- send the completed appeals form to the chief executive
Employees have the opportunity to meet with the chief executive
Following that meeting, the chief executive will notify the employee of their decision.
Political restrictions and activity
The types of political activities that are prohibited include:
- becoming or remaining a member of another principal local authority
- standing as a candidate for election to:
- the House of Commons
- European Parliament
- the Welsh Assembly
- a local authority
- acting as an election agent or sub-agent
- being an officer of a political party, or a branch or committee or sub-committee of a political party, if this involves:
- participation in the general management of the party or branch
- or, dealing with persons (other than members of the party or branch) as a representative of the party or branch
- canvassing on behalf of a political party or any candidate for election to:
- the House of Commons
- European Parliament
- the Welsh Assembly
- a local authority
- publishing any written or artistic work as the author or editor (either solely or with others) if the work is, or appears to be, intended to affect public support for a political party
- speaking to the public with the apparent intention of affecting public support for a political party
This list is not exhaustive and is intended as a guide only.
We advise employees seeking to become elected to an authority or to take part in political activity to take independent legal advice.
Local authority employees standing for election
Local authority employees may need to resign their position if they wish to stand for election. Resigning may apply where standing for election for:
- the county council
- any other principal local authority
- a Member of Parliament
- a Member of the European Parliament
This guidance is not legally definitive. The full range of disqualifications of candidates at local elections is complex, and some exceptions may also apply.
Candidates should consult the relevant legislation to ensure that none of the relevant disqualifications applies. If in doubt, they should seek their own legal advice.
Disqualification for election and holding office as a member of a local authority
There are several disqualifications for election and holding office as a member of a local authority. These are set out in Section 80 of the Local Government Act 1972.
Consent to nomination
If a person wishes to stand for election to any local authority, they need to be validly nominated. Being validly nominated includes the requirement to sign a 'consent to nomination'.
The nominated person must sign the 'consent to nomination' to declare that they are qualified to be elected. For more details, read rule 7 of the Local Elections (Principal Areas) (England and Wales) Rules 2006.
It is the view of the electoral commission that the person signing the declaration on the consent to a nomination must qualify:
- to be elected on the day of nomination and
- on the day of the election, not just on the day they take up office if successful
Therefore, a person who holds any paid office or is employed by the local authority cannot stand as a candidate at an election to that authority unless they have:
- resigned, and
- served any notice period before the date of nomination
Contractual relationships can be very complicated. If a candidate is in any doubt about their position, they should seek advice from HR.
Conclusion
The advice from the Electoral Commission included in this document is that a person would be disqualified from being elected if they hold any paid office or employment with us that would disqualify them standing as a candidate at the time of nomination