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Home - York & North Yorkshire Combined Authority Mayoral Election May 2024 - Elections Protocol

Elections Protocol

York and North Yorkshire Combined Authority Mayoral Election – Shared Protocol

Office of the Police, Fire and Crime Commissioner for North Yorkshire; North Yorkshire Fire and Rescue Service; and North Yorkshire Police.

1. Introduction

1.1 The York and North Yorkshire Combined Authority Mayoral Election takes place on Thursday 2 May 2024. The election will be held across the combined authority constituent council areas being that of the City of York and North Yorkshire authorities.

1.2 This document provides guidance to ensure that all candidates and prospective candidates are dealt with in a transparent and equal manner. The document also provides guidance to employees of the Office of the Police, Fire and Crime Commissioner (OPFCC), North Yorkshire Fire and Rescue Service (NYFRS) and North Yorkshire Police (NYP).

1.3 York and North Yorkshire Combined Authority has appointed Richard Flinton, Chief Executive of North Yorkshire Council, to be the Combined Authority Returning Officer (CARO) in relation to the election. The CARO is responsible for the overall conduct of the election and for liaising with and co-ordinating the work of the Returning Officers for the City of York Council and North Yorkshire Council. More specifically the CARO is responsible for:

  • giving notice of the election
  • the nomination procedures
  • the production and distribution of candidate’s election addresses to every entitled voter and ensuring that candidates and their agents comply with the requirements as to the contents of election addresses and the procedures for submitting them.
  • the collation of local vote totals, the calculation, and the declaration of result.

1.4 The ‘pre-election period’ begins on Tuesday 26 March 2024. The ‘pre-election period’ is often treated as ending 10pm on the day of the election (Thursday 2 May 2024) but in strict legal terms it endures until the Mayor takes office on the Tuesday 7 May 2024.

1.5 Mayoral candidates must declare their intention to stand for election by 4pm Friday 5 April 2024 which is the nineteenth working day before the poll. The CARO will confirm candidates and announce by no later than 4pm Monday 8 April 2024.

1.6 The aim of this document is to provide guidance to OPFCC, NYFRS and NYP staff during the election period. Not every circumstance or eventuality that could potentially impact on the election, approach to candidates or the reputation of the OPFCC, NYFRS, NYP and their staff can be captured in one document.

Guidance may be issued by national organisations such as the Cabinet Office, the Association of Police & Crime Commissioners (APCC), the Association of Police & Crime Chief Executives (APACE), the National Police Chiefs’ Council (NPCC) or the College of Policing and any such guidance should be read in conjunction with this Protocol. This Protocol may be amended at any time to reflect changes in the law or guidance.

2. OPFCC Elections Working Group

2.1 The OPFCC has set up an Elections Working Group to ensure that the OPFCC manages its responsibilities efficiently and effectively throughout the election period. The Group meets on a regular basis and the actions and decisions of the meetings can be found on the Elections page on the PFCC website: York & North Yorkshire Combined Authority Mayoral Election May 2024 – Police, Fire and Crime Commissioner North Yorkshire (northyorkshire-pfcc.gov.uk).

3. Communication with Media

3.1 When handling media communications, national guidance typically recommends the following:

  • A response by the OPFCC Chief Executive may be appropriate when factually incorrect information is in the media that could impact on confidence in the PFCC, NYFRS or NYP. The factually correct information can be shared by the Chief Executive publicly in a neutral manner.
  • A response may not be appropriate when a claim is based on that individual’s interpretation of information
  • The above guidance should apply when OPFCC, NYFRS or NYP use social media to respond to queries or comments.
  • Pre-election period guidance will also apply to media communications.

4. Interaction with candidates

4.1 Political parties will undertake their own selection process to nominate their candidates prior to candidate declaration (see 1.5). During the same period independent members may inform the public of their intention to stand.

4.2 Candidate requests for visits to OPFCC, NYFRS or NYP premises for the purpose of fact finding and receiving briefings will be considered by the Chief Executive of the OPFCC on a case-by-case basis. However, the principal methods of fact finding will be through the OPFCC, NYFRS or NYP websites, post-declaration briefings and specific requests for information. Every request will be notified to the OPFCC, and a record will be kept.

4.3 Candidates should not be invited on to OPFCC, NYFRS or NYP premises unless for a purpose set out within this protocol that has been sanctioned by the OPFCC Chief Executive.

4.4 Subject to 4.2, until the ’pre-election’ period begins it is acceptable for candidates to be filmed or photographed with OPFCC, NYFRS or NYP employees for newspapers or television news bulletins, providing the individual is content to be filmed/photographed. However, once within the ’pre-election’ period, OPFCC, NYFRS and NYP employees must not be filmed or photographed.

4.5 Additionally, before and throughout the pre-election period all OPFCC, NYFRS and NYP employees must maintain their independence and not be seen to be supporting or opposing one candidate or party over another.

4.6 All employees should re-acquaint themselves with obligations and restrictions set out in contracts of employment or at law, applicable to their specific role. In particular, the following should be noted:

  • All employees of the Office of the Police, Fire and Crime Commissioner are politically restricted except any Deputy Police (Fire and) Crime Commissioner.
  • Canvassing by police officers is an offence under Regulation 60, Police and Crime Commissioner Elections Order 2012
  • Police staff employees of the Chief Constable are not normally subject to formal political restriction at law or in contracts of employment. If in doubt, please seek advice from People Services.
  • NYFRS Area Managers and above (and any other specific posts appearing on a list maintained by NYFRS) are politically restricted. If in doubt, please seek advice from People Services.

4.7 The expressions ‘political restriction’ and ‘politically restricted’ in paragraph 4.6 above means that terms are imposed by law in contracts of employment restricting certain political activity in accordance with the Local Government Officers (Political Restrictions) Regulations 1990.

5. Requests for information

5.1 Where a request for information from a prospective candidate or candidate is received the following process will be adopted:

  • It will be treated as a request from any member of the public.
  • It should be directed to the Single Point of Contact (SPOC) email account: sarah.davies@northyorkshire-pfcc.gov.uk where a single register will be maintained. All requests that are directed to NYFRS or NYP will be re-directed to this single location to ensure full transparency and equality.
  • In formulating a response, it should be recognised that the information provided may be used for political and campaigning purposes.
  • Every response will be from the OPFCC Chief Executive. Requests and responses will be anonymised and will be posted on the OPFCC Elections webpage.
  • Where it is a Freedom of Information Act request, the standard operating practice will apply. Both the OPFCC, NYFRS and NYP will respond according to current procedures. The OPFCC Elections Working Group will keep itself informed on FOI casework throughout the election period.

6. PFCC Website

6.1 A dedicated webpage has been created on the PFCC website to provide information on the election, an information request log, relevant documents and useful links: York & North Yorkshire Combined Authority Mayoral Election May 2024 – Police, Fire and Crime Commissioner North Yorkshire (northyorkshire-pfcc.gov.uk). Candidates are members of the public and so confidential documents should remain so and not be disclosed or published.

6.2 Information to post on PFCC website elections page:

7. Organised Meetings

7.1 The OPFCC Chief Executive will arrange for a series of factual briefing materials to be developed and posted on the elections page of the PFCC website. Candidates requesting information that is already covered within these documents will be directed to the PFCC website.

7.2 The OPFCC intends its comprehensive online resources to serve the purpose of briefing individuals and all who are interested in the election.

7.3 A pre-declaration briefing will be held 5pm Thursday 7 March hosted by the CARO with information for candidates and an introductory briefing from the York and North Yorkshire Combined Authority, Interim Head of Paid Service and OPFCC Chief Executive.

7.4 A briefing meeting post-declaration will be arranged by the OPFCC Chief Executive. Dates, times, and locations will be posted in the elections page of the PFCC website. The briefing will only contain factual information and the CARO will also be notified of the date to inform candidates of the offer.

7.5 In addition and upon request to the Chief Executive of the OPFCC individual meetings may be held with the Chief Constable, Chief Fire Officer, or the Chief Executive of the OPFCC. The briefings will not cover the running of the election which will be the subject of separate briefings organised by the CARO. Meetings held with the Chief Constable or Chief Fire Officer will be attended by the OPFCC Chief Executive or representative.

8. Formal Pre-Election Period

8.1 This is a particularly sensitive period in the lead up to the election and requires special care. Guidance is available from the Cabinet Office and will be supplemented by Home Office guidance. In any event, during the pre-election period the following additional restrictions apply:

  • Where practicable the OPFCC, NYFRS and NYP should avoid making and publicising major policy decisions that may deemed to be politically sensitive.
  • The PFCC, NYFRS and NYP websites must contain only factual information.
  • Documents which promote the OPFCC should not be published.
  • OPFCC, NYFRS and NYP employees must ensure that they do not oppose or support the activities of a candidate.
  • Clear records of all dealing with candidates throughout the pre-election period must be maintained to ensure transparency and accountability. This does not affect activity where the incumbent PFCC is conducting their office-holder responsibilities.
  • OPFCC, NYFRS and NYP employees must not agree to be photographed or used as part of any campaign.
  • OPFCC, NYFRS and NYP employees that have personal websites, blogs, or use social media networking sites should:
    • not post, react, or respond to political comments that could be seen to be, or give the impression to be in their professional role.
    • be aware that the higher their public profile is, the more likely it is they will be perceived as acting in their official capacity when using social networking sites.
    • be careful if making political points or making specific or personal comments about an individual.

This protocol may be amplified or amended to cater for Government or Association guidance as it is released.

Signed by:

Simon Dennis, Chief Executive and Monitoring Officer, OPFCC

Jonathan Dyson, Chief Fire Officer, North Yorkshire Fire and Rescue

Tim Forber, Chief Constable, North Yorkshire Police

 

Appendix 1:

Detailed Information on the Restrictions on Publicity Generally and During the Pre-Election Period York and North Yorkshire Combined Authority Mayoral Election

Purpose
1. The election of a Mayor for the York and North Yorkshire Combined Authority will take place on Thursday 2 May 2024. This note is a reminder to all staff and officers of the restrictions on publicity generally and during the pre-election period which starts on Tuesday 26 March 2024.

2. The key messages are that the Office of Police, Fire and Crime Commissioner (OPFCC) for North Yorkshire, North Yorkshire Fire and Rescue Service (NYFRS) and North Yorkshire Police (NYP) should not issue any publicity which seeks to influence voters and resources of the OPFCC, NYFRS or NYP should not be used to promote any candidate, political party or group.

3. Observance of the publicity principles and guidance by all staff and officers will facilitate the democratic process and ensure that standards of good governance are maintained without unnecessary conflict.

Scope of the Guidance
4. This guidance applies to all publicity issued or produced by any staff or officer using the ‘resources’ (see below) of the OPFCC, NYFRS and NYP.

5. ‘Publicity’ means any communication in whatever form intended for the public at large or a section of the public. This includes, but is not restricted to, press releases, social media posts, replies and tweets, videos, live videos and images, blog posts, brochures, leaflets, adverts, newsletters, OPFCC, NYFRS and NYP managed websites, intranets and extranets, and the staging of events that provide a platform for media publicity.

6. ‘Resources’ includes, but is not restricted to, OPFCC, NYFRS and NYP funds, premises, notice boards, equipment (including IT equipment and mobile phones), stationery, branding and the paid time of staff and officers.

7. The guidance also applies to any material issued by other organisations that are using OPFCC, NYFRS and / or NYP grants or other public funds to produce the publicity.

8. The guidance does NOT apply to publicity funded or otherwise produced by individual members or political groups using their OWN resources.

Legal Basis and Statutory Guidance

9. Combined Authorities, Police and Crime Commissioners, and Fire and Rescue Authorities are considered local authorities for the purposes of Part II of the Local Government Act 1986.

10. Section 2 of the Local Government Act 1986 provides that local authorities shall not publish or arrange for the publication of any material which, in whole or in part, appears to be designed to affect public support for a political party.

11. In looking at whether any publicity from the OPFCC, NYFRS or NYP would fall foul of this, the Act provides that it is necessary to look at the content of the material, the time of the publication, and the likely effect on those to whom it is directed to. In particular it is necessary to look at whether the material refers to a person identified with a political party and/or whether it promotes a view on a question of political controversy which is identifiable as the view of one political party. If the material is part of a campaign, then it is also necessary to look at the effect of the campaign.

12. The Act provides that we need to have regard to the Code of Recommended Practice on Local Authority Publicity. That Code is based around seven principles to ensure that all communications activity:
• is lawful;
• is cost effective;
• is objective;
• is even-handed;
• is appropriate;
• has regard to equality and diversity; and
• is issued with care during periods of heightened sensitivity.

13. The Code states that “any publicity describing the local authorities policies should be as objective as possible, concentrating on the facts or explanation or both,” (paragraph 16). Also “where local authority publicity addresses matters of political controversy it should seek to present the different positions in relation to the issue in question in a fair manner,” (paragraph19). This applies at all times and not just before an election.

14. The principle of taking special care during periods of heightened sensitivity, is of particular relevance during the pre-election period.

Restrictions during the pre-election period

15. The pre-election period starts when the Notice of Election for the Mayoral election is published on Tuesday 26 March 2024. Additional rules apply in the pre-election period which are designed to ensure that the publicly funded resources of the OPFCC, NYFRS and NYP are not used to promote or give any political party, political campaign, or candidate an advantage during an election period.

16. Paragraphs 33-35 of the Code deal with publicity during the run up to an election or referendum. They state, in summary:
“Local authorities should pay particular regard to the legislation governing publicity during the period of heightened sensitivity before elections and referendums.”
“During the period between the notice of election and the election itself, local authorities should not publish any publicity on controversial issues or report views or proposals in such a way that identifies them with any individual members or groups of members.”
“Publicity relating to individuals involved directly in the election should not be published by local authorities during this period unless expressly authorised by or under statute. It is permissible for local authorities to publish factual information which identifies the names, wards and parties of candidates at elections.”
“In general, local authorities should not issue any publicity which seeks to influence voters.”

17. The Code therefore makes it clear that not only candidates and agents but also any politician directly involved in an election should not be given publicity save in an emergency or in exceptional circumstances prompted by important events outside the local authorities control.

18. The essential obligation on the OPFCC, NYFRS and NYP is to not issue any publicity which seeks to influence voters. This means that during the pre-election period the OPFCC, NYFRS and NYP should not:
• produce publicity on matters which are politically controversial.
• produce publicity relating to individuals involved directly in the election.
• report views on proposals in such a way as to identify them with an individual who is directly involved in the election.
• arrange proactive media or events involving candidates.
• supply OPFCC, NYFRS and / or NYP photographs or other materials to political group staff unless the OPFCC, NYFRS or NYP has verified that they will not be used for campaigning purposes.

Business as Usual

19. In relation to decision making within the OPFCC, NYFRS and NYP, the position remains that it is ‘business as usual’ unless there are very good reasons why this should not be the case.

20. The OPFCC, NYFRS and NYP should however think carefully about continuing to run a campaign or consultation if it could be deemed likely to influence the outcome of the election. In such cases the OPFCC, NYFRS and NYP should stop or defer the campaign or consultation. As stated above any campaign or consultation that could be tied into the Mayoral election will have to be postponed during the pre-election period.

21. Ultimately, the OPFCC, NYFRS and NYP must always be guided by the principle of fairness. It is crucial that any decision the OPFCC, NYFRS or NYP take would be seen as fair and reasonable by the public and those standing for office.

Further Guidance

If a staff member or officer is in any doubt, they should seek advice from the OPFCC Chief Executive via Single Point of Contact (SPOC) email account: sarah.davies@northyorkshire-pfcc.gov.uk.

Sensitive or controversial matters will need very careful handling during an election period as they may impact on public opinion. The OPFCC Chief Executive should be consulted before any publicity in relation to such issues is issued.

Last Updated: 10 April 2024