February 12, 1999
(Executive Council)

Unsuccessful candidates reinstated in the public service

Two unsuccessful candidates in the recent general election are being reinstated to their positions in the provincial public service. Rod Roberts, an employee with the Department of Government Services and Lands, will be returning to his position with Motor Vehicle Registration following an unsuccessful candidacy for the Progressive Conservative Party in the district of St. Barbe.

Paula Buckle, a 15 year veteran of the Royal Newfoundland Constabulary, will be returning to her position as sergeant following an unsuccessful candidacy for the Liberal Party in the district of Waterford Valley.

These reinstatements are in accordance with policies established in 1988 for public servants who seek public office. In Mr. Roberts' case, as a member of a bargaining unit, he was granted leave of absence without pay by his deputy minister for the duration of the election campaign.

In Ms. Buckle's case, as a member of the RNC, she was obliged to resign in order to be a candidate, but (pursuant to the policy) was permitted to apply for reinstatement. She did so and her reinstatement was recommended by the chief of police, who views Ms. Buckle's service with the RNC as exemplary. On this basis, and following consultation with the chair of the Public Service Commission, the premier (as required by paragraph six of the policy) approved Ms. Buckle's reinstatement.

"In this matter, I have been guided by the recommendation of the chief of police," said the premier. "As well, I have spoken with the leader of the opposition, Mr. Byrne, and he has no objection to Ms. Buckle's reinstatement."

Media contact: Hon. Paul Dicks, (709) 754-1488.

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POLICY ON POLITICAL ACTIVITY

APPROVED THROUGH M.C. 1002-'88

Recognizing the right of all citizens to enter political life, but acknowledging the public necessity of ensuring an impartial and effective public service, the following policy relating to political activity shall apply:

1. In this Order

a) "employees" means individuals employed in Government departments.

b) "politically restricted employees" means individuals occupying management positions and individuals occupying positions that have been excluded       from a bargaining unit.

c) "politically non-restricted employees" means individuals occupying positions in a bargaining unit.

d) employees attached to the House of Assembly, Special Assistants and Private Secretaries to the Premier and Ministers and other political support      staff personnel are excluded from the restrictions of this order.

2. No employee shall

a) be in any manner compelled to take part in any political undertaking or to make any contribution to any political party, or be in any manner threatened or discriminated against for refusing to take part in any political activity; or

b) directly or indirectly use or seek to use the authority or official influence of their positions to control or modify the political actions of any other person; or

c) during their hours or work engage in any form of political activity; or

d) at any time take part in political activities as to impair their usefulness to the positions in which they are employed.

3.       Politically non-restricted employees, who wish to announce their intention to campaign for nomination as candidates or run as candidates in a provincial or            federal election, shall, upon application to their Deputy Minister, be granted leave of absence without pay. The leave shall commence not later than the date            upon which the nomination is sought, and end no later than the date upon which the nomination or election results are finalized. Employees who withdraw as            candidates may resume their positions before this time at a date agreed to by their Deputy Minister. The leave shall not be considered to be a break in service,            but it shall not count as service.

4.       Successful candidates in an election must resign their positions effective the date upon which the election results are finalized.

5.       Politically restricted employees who wish to campaign for nomination, run for elected office in provincial or federal elections or engage in partisan political            activities, other than those specified in 7 and 8, shall be required to resign effective the date they announce their intention to engage in such activities.

6.       Politically restricted employees who resign their positions but fail to gain nomination or be elected may subsequently apply to the Chairman of the Public            Service Commission for reinstatement to their former positions. The Public Service Commission may recommend to the Deputy Minister or, in the case of            permanent employees exempted under Section 5 of The Public Service Commission Act to the Premier that they be re-appointed to their positions. In order            to facilitate this process their former positions shall not be advertised until the election results are finalized. Reappointment is not an automatic process:               however, should employees be reappointed, the period of absence shall not be considered to be a break in service, but it shall not count as service.

7.       All employees, with the exception of individuals paid on the Executive Compensation Pay Plan, may, with the prior written consent of their Minister,                 participate in municipal elections and hold municipal office.

8.       All employees have the right to vote in any election, attend public political meetings and make contributions to the party(s) of their choice.

9.       Employees who violate this order shall be subject to discipline up to and including dismissal.

AMENDMENT TO THE POLICY ON POLITICAL ACTIVITY:

M.C. 1456-'88 amended the Policy on Political Activity as approved by M.C. 1002-'88 to include contractual employees in the political non-restricted category unless individual contracts specify otherwise.

1999 02 12                                  5:30 p.m.