PURDAH What is Purdah? It is the period between the notice of the election (to be published on 26 March 2013) and the date of the election itself (2 May 2013). ‘Purdah’ is a term commonly used to mean the period in the run-up to an election when the normal protocols and behaviours around a Council’s (or a Member’s or Officer’s) activities in general and around publicity and communications in particular become more restricted. A fuller definition is set out below. The Council recognises that the period between the notice of the election and polling day is a very sensitive time for all concerned and care must be taken not to be seen to be showing or giving the impression of showing any bias, favour or support to any candidate for election or any political party. Members and Officers should therefore think very carefully about the impact of any events or proposals being considered or launched during this period so as to avoid any impression of bias or support. The restrictions imposed on us by Purdah must be rigidly observed. While the period between the notice of the election and the election itself is a sensitive time ... it must also be understood that the business of local government and providing services must go on ... so there are several important things to remember. What does it mean for Councillors and Officers? There are clear protocols which the Council, and Members and Officers must follow in this period. However as indicated, the business of local government and providing services must go on .. it is to a degree still business as normal .... with the following caveats. From 26 March 2013 the period of political “purdah” will begin. This means all proactive publicity involving any candidates and other politicians involved directly in the election must cease. We should avoid proactively publicising any controversial issues or report views, proposals or recommendations in a way that identifies them with individual politicians or parties. Care should be taken with the use and content of any official websites which will be scrutinised closely by the media and political parties during the election. All our responses to events and legitimate service enquiries should be factual and non party political. Generally, it is a good idea to avoid proactive events and if they do need to be held then they should not involve Councillors likely to be standing for election. Councillors holding key positions, such as Cabinet Members, continue to be accountable for relevant services and policy areas. Public resources are not to be used for political purposes. No communications activity or publicity campaigns should take place which could call into question political impartiality of the Council or an Officer. Requests for advice and information from candidates or political parties should be treated with even handedness .. and be dealt with as soon as possible .. with any response being purely factual. Over and above the areas referred to above, or in fuller explanation thereof, you should be aware that:  all Councillors, technically, remain in office until the third day after the election (i.e. 5 May) .. as therefore do Cabinet Members. However, it is important to note that the last day on which a Cabinet Member could exercise his/her powers and make a decision would be the 26th April .. in order that the 5 working day period could still be applied; thereafter and until after the Annual Meeting of the Council on 23 May 2013, Chief Officers and Heads of Service may need to exercise their delegated powers in accordance with the Council’s Constitution, consulting as appropriate [Constitutionally, during this period, the only Member in whom any power is vested to make a decision is the outgoing Chairman of the Council].  where Officers are employed in what is regarded as a politically restricted post (i.e. Chief Officers, their Deputies, certain senior officers and those who may advise the Council's Cabinet or Committees or speak on regular basis on behalf of the Council to the media) this will also constrain their ability to engage in any political activity. If any Officer is unsure as to whether or not he/she is in such as post or what the constraints mean then they should contact either the Council’s Monitoring Officer (Jan Shadbolt) or the Democratic Services & Scrutiny Secretariat for advice  as indicated, the normal business of the Council must continue and where the Council, as a corporate body, is considering or promoting a decision or launching a service then it is entirely proper to proceed ... but again consideration needs to be given to who may be invited to such events in line with the above. Such events should wherever possible be all-party and preferably exclude any candidates for election .... no matter how keen they may be to attend.  in relation to Locality Budgets and Invest in Devon Funds the rules are more stringent because of the decision of the need for Members to exercise caution in the use of their locality budgets in the period leading up to the County Council elections. The Council has therefore agreed that no allocations may be made after 7 March 2013 and until after the elections and that Members should not give any undertaking as to the allocation of funds either in that period. It follows that any photo calls etc.,. or events solely used for the purpose of promoting what an individual member has agreed/recommended/allocated etc.,. from his/her funds particularly if he/she is a candidate - should be avoided at all costs as they would easily be capable of misinterpretation! If there is all-party representation at such an event and Members are just quietly observing in the background then that is less of a problem .. but also less likely!  the County Council may not take part, promote or support any party political activity. In line with that principle and the above, County Council premises may not be used for political or public meetings organised by any political party or candidate during the period of the election. It is axiomatic that any request by a political party to use County Council premises should be politely declined. Strict application of this rule will avoid any possible confusion or misunderstanding. There will be a level playing field for all concerned. In the case of Schools, Governing Bodies have responsibility for letting of premises and should already have a clear policy on their use of premises for meetings, political or otherwise. Again GBs must be seen to be even handed.  similarly, the Council’s facilities and resources are not to be used for political purposes; for example, while it would not be possible to prevent members of the public or others from sending an email to an existing Councillor who may also be a candidate in the election .. and for that Councillor to reply .. it would not be appropriate for any such candidate to actually publish his/her Council’s email address on any election material .. or to use official County Council headed paper in furtherance of his/her campaign.  the Council’s Constitution (Part 11) contains clear guidance about visits to County Council establishments. This must be adhered to strictly. It cannot be stressed too highly that in responding to such requests Headteachers or Officers-in-Charge must give careful consideration to any such requests and must not be seen to be favouring one or more candidate to the detriment of others. The relevant Chief Officer and Chief Executive must be kept informed of all such requests and the decision of the Officer-in-charge, in line with the guidance. There is no obligation upon a Head/Officer-in-Charge to accede to such requests and take part in the election circus. If they decide that such visits would interfere with the smooth running of their establishment or disrupt service provision then they are at liberty to say no ..... and they will receive the full support of the County Council. So …to sum up .. The period between the notice of an election and the election itself should preclude proactive publicity of candidates and other politicians involved directly in the election. Our communications – including the Council’s website - should not proactively publicise controversial issues or report views, proposals or recommendations in a way that may identify them with individual politicians or parties. It is acceptable for the County Council to respond in appropriate circumstances to events and legitimate service enquiries provided that our responses are factual and not party political. The business of local government goes on in an election period and councillors holding key political positions, such as Cabinet Members, continue to be accountable for relevant services and policy areas. They should be able to comment in an emergency or where there is a genuine need for a political response to an important development outside the County Council’s control. Generally, it is good idea to avoid proactive events during the election period and if any are held they should not involve Councillors likely to be standing for election. If that is problematic – say because an event has been fixed for many months and is ‘overtaken’ by the election timetable then it would be prudent to invite relevant Councillors from all political parties ... and ensure their attendance/involvement is acknowledged in any Council publicity. [More detailed advice on Communications generally is set out in the Council’s Communications Protocol available at: http://staff.devon.gov.uk/comms-protocol.htm] 22 January 2013