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2008 Agenda #10

SUBJECT: Local Council Election Campaign Procedures and Oversight           

STATEMENT OF QUESTION:

Should the AFA-CWA Constitution & Bylaws be changed to define specific rules and processes regarding campaign practices for Local Council Elections?

SOURCE & DATE OF SUBMITTED: UAL Councils 05, 09, 20, 21, 25, 26, 38 - May 9, 2008

BACKGROUND INFORMATION:

There is little specific guidance as to what should or should not be allowable campaign material(s) submitted and/or used by candidates for office, as well as what behaviors and oversight should or should not be allowed by any incumbent who is running for re-election.

Currently there is no AFA-CWA Constitution & Bylaws requirement to have election information, candidate information, or even a list of candidates posted on the Local AFA-CWA Bulletin Board. Nor is there any mandate to hold a “Meet the Candidates” session scheduled as either a stand-alone meeting, or be planned to coincide with a regularly scheduled Local Council Meeting. In the event any or all candidate(s) are running unopposed, such a “Meet the Candidates” event might serve a purpose to prompt a member to enter the election process and initiate a ‘write-in’ campaign. Such overall lack of direction by our Union’s governing document allows the potential for bias either in favor of certain candidate(s), or bias against other candidate(s). For example, regarding the Bulletin Board posting that is permitted to any and all candidates for local office, the only, and very non-specific, ‘requirements’ defined within the AFA Constitution & Bylaws is that there may be a “written statement”, and that it be on a piece of paper no larger than 8 ½”x11”, to include the candidate’s name, the position they are running for, and a “brief resume of qualifications”. However, such non-specific definition of what is allowed as a “resume of qualifications” has been the basis for arbitrary and unilateral editing and disqualification of candidate material(s) by Local Elected Leadership also running for office. When appealing to the International Secretary-Treasurer charged with overseeing the election, there is no response to the request for a written guideline as what criteria further clarifies the “resume of qualifications”, and no answer given as to the basis for declaring the submitted resume ‘not allowed’. Such arbitrary and constitutionally unfounded action negatively affects the goal of providing a ‘level playing field’ for all candidates and actually does harm to the affected candidates, possibly providing the legal basis for contesting the results of the election and providing for a costly re-voting of elections.

In addition, in order to avoid even the perception of bias, let alone the possibility of actual bias by any incumbent Local Officer/Representative who is seeking re-election, specific rules should be defined which limit the ability of the incumbent from reviewing, or in any manner acting upon, the campaign material submitted or used by another candidate for office. This should include any incumbent (running for re-election) recusing themselves from the determination of what is ‘acceptable’ for posting on the AFA-CWA Bulletin Board or the actual posting and placement of any and all campaign or candidate-related materials, documents, posters, etc. This should be performed by a defined and truly neutral third party individual, and pursuant to a set criterion of allowable content and behavior.

The current language of the AFA Constitution & Bylaws is entirely silent on these issues and should be further clarified.

PROPOSED SOLUTION:

WHEREAS the goal of our Union is to have Local Council elections that offer fair and equitable campaign opportunities for any and all candidates, and

WHEREAS he membership of our Union deserves equal access to all candidates for office as well as their resume of qualifications, and

WHEREAS the membership of our Union expects the campaign and election process to be administered in a fair and impartial manner which gives the membership the best ability and opportunity to discern the most qualified candidate(s) to be their chosen representative

THEREFORE BE IT RESOLVED that the following changes to the AFA-CWA Constitution & Bylaws be adopted:

Add to the end of the current language of the AFA-CWA Constitution & Bylaws, Article VIII.D.3.a.:
In any Local Council election, there shall be at least one (1) scheduled “Meet the Candidates” event; notification of such will follow all similar time requirements for Local Council meetings. This event should afford equal opportunity and access to all candidates who wish to participate, including any candidate who seeks to initiate a ‘write-in’ campaign. Such event should occur within the period of one week prior to the start of voting, and occur no later than one week after the commencement of voting.

And,

Add to the end of the current language of the AFA/CWA Constitution & Bylaws,             Article VIII.D.3.b.:
Under no circumstance will any Local or International Officer seek to edit or deny the posting of any candidates’ “resume of qualifications” unless there is a clear and unequivocal attempt by the candidate to submit fraudulent or false information. Notification of such Bulletin Board postings shall be offered to the candidate(s) in sufficient time to allow posting of said “resume of qualifications” at least 72 hours prior to the onset of the voting period. Should there be a ‘review process’ deemed appropriate, then such review should be undertaken by a completely neutral party at least 48 hours prior to the above 72 hour posting. Should any determination be made that content is inappropriate for posting, then such objection shall be made in writing, and with specific justification to substantiate the decision. The candidate must be given sufficient time to either cure the objection, or appeal the decision to another authority. In no event shall an incumbent local officer who is also a candidate for re-election be allowed to participate in any aspect of decision-making for these campaign issues.