News Release
Statement by Jan Gibson
HRM Municipal Clerk and Returning Officer
Regarding HRM Employees Offering
as Candidates in Municipal Elections
(Tuesday, August 24/04)-- In light of recent media reports, it is my intention today to advise the media and the public of existing legislation pertaining to municipal employees wanting to offer as candidates in this Fall's Municipal Election.
I will make no comment on individual cases involving HRM employees nor respond to any questions other than those regarding any clarification under terms of the Municipal Elections Act.
Let me start by saying that HRM employees have been advised of the provisions of this act by means of an e-mail or by notices posted on bulletin boards. In addition, any HRM employee who took out nomination papers for the upcoming Fall election has been asked by the HRM Elections Office to read the sections of the Act pertaining to them as municipal employees, and each has been given an opportunity to ask any questions regarding any clarification.
All the special rules respecting municipal employees running for municipal elections are contained in Section 17B and 17C of the Municipal Election Act.
Of primary importance at this time, however, is the part of Section 17C which provides that "a person who is an employee of a municipality who intends to become a candidate shall take a leave of absence beginning not later than the day the person becomes a candidate".
Under Section 2(1)(b) of the Act, a person is a candidate before the nomination date, if they, by themselves, or with consent. through another, declare themselves to be a candidate.
In short, the legislated requirement is that an employees must take a leave of absence before they declare themselves as a candidate (not nominated as a candidate). The application is to be made to the Chief Administrative Officer, and the CAO cannot refuse the leave of absence.
Thank you.
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Jan Gibson
HRM Municipal Clerk and Returning Officer
(902) 490- 4210
