3. Politically Restricted Posts Guidance Notes

3. Politically restricted posts – guidance notes a) Introduction

In 1989 the Local Government Housing Act 1989 (LGHA 1989) introduced the principle of politically restricted posts and of restricting the political activities of local authority employees. In accordance with this Act the council is required to prepare lists of posts which are covered by the provisions of the Act. b) Categories

There are three broad categories of posts whereby the occupants have restrictions placed on the public political activity in which they can participate.

Category 1

Those employees whose posts are specified in the Act includes:  chief executive  directors  the head of paid service (section 4 LGHA)  heads of service  monitoring officer (section 151 LGA)  officers exercising delegated powers i.e. persons whose posts are for the time being specified by the council in a list maintained in accordance with section 100G(2) of the LGA  assistants to political groups

All these post holders are politically restricted without rights of exemption to appeal to the independent adjudicator.

Category 2

Those posts for which the annual rate of remuneration is at a specified limit which includes spinal column point 44 or above.

These post-holders can appeal to the independent adjudicator to be exempted from the list, on the grounds that they do not influence policy. Teachers, headteachers and lecturers are all exempted from political restrictions under section 2(10) LGHA, and will not be regarded as holding politically restricted posts whatever their role or remuneration level.

Category 3

Those politically sensitive posts not covered by the categories above but where duties consist of or involve one or all of the following:

 giving advice on a regular basis to the council  giving advice to any committee or sub-committee of the council or any joint committee on which the council is represented  giving advice where the council is operating executive arrangements, to the executive of the council; to any committee of that executive; or to any member of that executive who is also a member of the council  speaking on behalf of the council on a regular basis to journalists or broadcasters

These post-holders can appeal to an independent adjudicator to be exempted from the list, on the grounds that the council has wrongly applied the criteria. c) Implications

The effect of including a post, and consequently the post-holder, in the list is that by law the employee is prevented from standing for office as a member of the house of commons or of the european parliament, and is not allowed to stand for office as a local councillor.

In addition, employees are prevented from:

 holding office in a political party, or a committee or sub- committee member of a party, if this involves the general management of, or acting on behalf of, the party or branch  canvassing at elections on behalf of a political party, or on behalf of a candidate for election  speaking or writing publicly on matters of party political controversy  acting as an election agent or sub-agent

An employee in a politically restricted post is limited to the basic membership of a political party, with no active participation within the party permitted.

A political assistant must not speak to the public in a way likely to create the impression that he/she is speaking as an authorised representative of a political party, and must not publish any written or artistic work likely to create the impression that it is authorised by a political party. d) Independent adjudicator

Under section 3 of the LGHA 1989, the government is required to appoint an independent adjudicator to advise local authorities and to determine whether individual employees within the politically restricted post criteria, should be exempted. e) Procedure on appeal

If eligible to appeal as outlined above, employees included in the lists compiled by local authorities on either remuneration-related or duties-related grounds can appeal to the independent adjudicator against their inclusion, if they feel that they cannot influence policy, or that the local authority has incorrectly applied the duties-related criteria.

All such appeals require a letter from the applicant formally seeking exemption and a full job outline of the post (a ‘certificate of opinion’ from the council will also be required in the case of a postholder at or above the remuneration ceiling). If an employee wishes to appeal, they should forward a letter to the Head of Human Resources requesting that an appeal be lodged with the independent adjudicator. It will be the responsibility of the head of human resources to contact the head of legal and democratic services to obtain a certificate of opinion.

If further information regarding politically restricted posts is required, please contact either the HR Unit, telephone no. 219- 2368 or the appropriate staffing section.