Public and Commercial Services Union

PCS Department for Work & Pensions Group Elections Regulations

GENERAL
1. In accordance with the Group Constitution Rule 8, the following regulations have been devised by the Group Secretary in consultation with the General Secretary and the Independent Scrutineers. They will govern the 2009 Group Executive Committee (GEC) elections and be binding on all members within the Group.

2. These regulations will be circulated to all Branches within the Group. In addition, the Group Office will supply a copy to any member on request.

ELIGIBILITY TO PARTICIPATE
3. Only Ordinary members of the Group may take part in the elections. Associate or life members may not be nominated or cast a vote.

COMPOSITION OF THE GEC
4. The GEC ballots will consist of 7 separate elections as follows:-

(a) Group President
(b) Five Group Vice Presidents
(c) Seven Assistant Group Secretaries
(d) Group Treasurer
(e) Group Organiser
(f) Journal Editor
(g) Twenty one Group Executive Committee Members

LIMITATIONS/RESERVATIONS
5. After the counting of votes, the following reservations required by Group Constitution Rule 8 shall apply in the elections:

a) Group President
The candidate with the highest number of votes will be declared elected.

b) Group Vice President (five)
The five candidates with the highest number of votes will be declared elected.

c) Assistant Group Secretaries (seven)
The seven candidates with the highest number of votes will be declared elected.

d) Group Treasurer
The candidate with the highest number of votes will be declared elected.

e) Group Organiser
The candidate with the highest number of votes will be declared elected.

f) Journal Editor
The candidate with the highest number of votes will be declared elected.

g) Group Executive Committee
Candidates with the highest number of votes employed within the DWP by:

i) Jobcentre Plus (1 post)
ii) Child Maintenance Enforcement Commission (1 post)
iii) the Departmental Directorates and Independent Statutory Bodies (1 post)
iv) Pensions Service (1 post)
v) Shared Services (1 post)
vi) DCS (1 post)

will be declared elected.

The candidates with the next highest number of votes
will be elected to the remaining posts. Should there
be insufficient nominations to allow these reservations
to be effected then that reservation shall not be
applied and the candidates with the next highest
number of votes will be declared elected until all posts
are filled.

If no candidate declared elected identifies themselves
at nomination stage to be from a black racial group
then the candidate with the highest number of votes
who so identified themselves will be declared elected.

NOMINATIONS
6. Only Branches may submit nominations. In all cases this must be following agreement by a properly constituted Branch General Meeting, except where there has been prior GEC agreement that, because of
the scattered location of members, such a meeting is
impracticable

7. Nominees must be ordinary members entitled to vote in the elections and the consent of the nominee to stand must be obtained.

8. A nomination shall only be valid if made on an official nomination paper with a certificate signed by the Branch Chairperson and Secretary (or, if either is absent, by another Branch Officer), certifying that the nomination has been made at a properly constituted Branch General Meeting, and giving the date and place of the meeting.

9. The maximum number of candidates who may be nominated by any Branch for each election is limited to the number to be elected in that election. An excess of nominations for an election shall invalidate that Branch’s nominations so far as that particular election is concerned.

10. Any alterations or deletions to the nomination forms must be authenticated by the signatures of the Branch Chairperson and Secretary (or, if either is absent, by another Branch Officer).

11. Candidates standing for election under job-sharing arrangements shall be nominated jointly by a Branch. Both shall be required to signify their willingness to serve and stand jointly for election to one post.

12. When making nominations members and Branches should consider PCS Equal Opportunities Policy. PCS is committed to ensuring the profile of its elected officials reflects the diversity of the PCS membership at all levels.

13. Completed nomination papers must be received by the Group Secretary, by no later than 5.00 pm on Thursday 5 March 2009. Faxed copies of nomination forms shall only be accepted if received by the Group Office on 0113 200 5301 by the same deadline. Nominations received after this date and time shall not be accepted. You are strongly advised to send this document using the next-day guaranteed delivery service.

14. The nominating branch should inform those members nominated by the branch that they have been nominated and supply them a copy of these regulations and the attached ‘profile and acceptance’ form.

15. The Group Secretary shall satisfy themselves that the rules relating to nominations have been complied with and that the consent of the nominee has been given. If a member has any complaint concerning the nomination process it will be dealt with under the procedures outlined in regulation 31.

ACCEPTANCE OF NOMINATION
16. A nominee’s name shall only be entered on the appropriate ballot paper if:

(a) the nominee has been validly nominated, in accordance with these regulations; and

(b) the nominee provides written notification to the Group Secretary, that they are willing to stand, clearly identifying the post or posts this applies to; and

(c) this notification is received by no later than 5.00pm on Thursday 12 March 2009. If written and signed notification is not received by then it shall be assumed that the nominee is not willing to stand and their name shall not be included in the list of candidates.

17. The Group Office shall send each nominee written confirmation that they have been nominated for a position, once notification is received from a branch. The Group Office shall also send the nominee a copy of these regulations. Nominees should indicate their acceptance of nomination, by the required deadline, on the candidate profile and acceptance form (as attached). Acceptances must be signed

Nominees may provide written acceptance of nomination prior to receiving confirmation from the Group Office, and should do so if the deadline is near.

Use of the attached profile and acceptance form is not mandatory. However, to be valid an acceptance of nomination must contain the information set out therein.

ELECTION STATEMENTS
18. Candidates may submit an election statement for each post for which they are standing. Candidates standing for more that one post who wish to use the same statement for each post must clearly state that this is the case. Candidates submitting a different statement for each of the posts they are standing for
must clearly indicate which statement is for which post.

19. Each election statement(s), must not exceed 400 words in total. This includes biographical information. If the 400 word limit is exceeded, only the first 400 words will be printed.

20. In addition to the election statement, the completed “candidate acceptance and profile form” enables each nominee to provide a factual statement of their surname, forename(s), gender, racial group and branch. This information will be printed in addition to any election statement submitted and will not count towards the 400 words limit.

21. Election statements must be received by the Group Secretary by no later than 5pm on Thursday, 12 March 2009. Election statements must be provided electronically either as a Word attachment to an email to leeds@pcs.org.uk or on a CD Rom in the same format. A hard copy can additionally be provided, although this is not essential.

22. For verification purposes candidates must provide with their statement(s), their membership number and either their national insurance number or date of birth and a daytime contact number. Any candidate may be required by the Group Office to verify their election statement.

23. Each candidate is responsible for ensuring that their election statement contains no libellous material.

UNCONTESTED ELECTIONS
24. If in any part of the elections the number of valid candidates is equal to or less than the number of posts or seats to be filled no ballot shall be held and, as applicable, the candidate or candidates (if available) shall be declared elected.

MISUSE OF MEMBERSHIP DATA
25. No information derived from the union’s membership or other databases (i.e. commix or any mailing lists derived from it) comprising names and/or addresses of members of the Group shall be used by any candidate or by a candidate’s supporters, without the specific prior authority of the Union.

VOTING
26. This Group election will be conducted by a postal ballot and ballot papers for these elections will be sent to all ordinary Group members at the designated ballot address of their choice. The member shall be able to complete their ballot paper at any time and at any place they wish and return it to the Independent Scrutineers in the prepaid envelope provided.

27. Votes may be cast for no more than the maximum number of persons to be elected in each ballot. An excess of votes will invalidate the votes cast in that election. Alterations, erasures, comments in writing and any other marks or writing on the ballot paper, will invalidate other than a cross in ink in the voting space against each selected candidate, will normally invalidate a ballot paper. A member can apply for a replacement ballot paper by contacting their Group Office on 0113 200 5300

28. Completed ballot papers must be received by the Independent Scrutineer by no later than 12 Noon on Wednesday 13 May 2009. Ballot papers received after then shall not be included in the count.

29. Members should ensure that they have informed PCS of their up-to-date ballot address. Members can update their postal address via the PCS website www.pcs.org.uk by logging on using their membership number and selecting ‘my membership’ (if you have not logged in before you will need to create a password), by phoning 020 7801 2670/2680 or by e-mailing membership@pcs.org.uk If members wish to use an address other than their home address as their proper address they must inform PCS in writing. This is so legal requirements regulating some types of ballots can be met. Letters should be addressed to “Membership Records”. Supplementary Rule 3.19 (d) requires every member to keep PCS head office informed of their proper address at all times.

30. Following despatch of voting papers, members may be reminded of the election and of a member’s right to vote.

COMPLAINTS OF ALLEGED BREACH OF THESE REGULATIONS

Complaints concerning, solely or mainly, the validity of nominations, supplying of acceptances or election statements.
31. Any complaint as to the alleged breach of these regulations concerning, solely or mainly, the validity of nominations and submission of acceptances or election statements shall be made in writing to the Group Secretary. These shall be made not later than one week before the issue of ballot papers, which shall begin on Thursday 23 April 2009. If the Group Secretary considers that the regulations have been breached the Group Secretary shall, after consulting the Group President, determine what action, if any, should be taken, including whether the election should be declared void or any candidate disqualified. The Group Secretary will seek the confirmation of this action with the General Secretary before proceeding. The Group Secretary shall publish the decision, together with the reasons for it, to branches of the Group.

Complaints other than those concerning, solely or mainly, the validity of nominations, supplying of acceptances or election statements.
32. Any complaint as to an alleged breach of these regulations otherwise than concerning, solely or mainly, the validity of nominations and submission of acceptances or election statements shall be made in writing to the Group Secretary. Any such complaint must be submitted within seven days of the declaration of the results of the election. The Group Secretary will investigate the complaint and refer it with their recommendations to the General Secretary. If the General Secretary upholds the complaint that a candidate by their own act or through the act or acts of those supporting the candidate, has caused a breach of these regulations, the candidate may be debarred from the election and/or their election may be declared null and void. The decision of the General Secretary shall be final and binding on all members. The Group Secretary shall publish the decision, together with the reasons for it, to branches of the Group.

INDEPENDENT SCRUTINEERS
33. The Independent Scrutineer appointed by the NEC for these Group Elections will be The Electoral Reform Services Limited, The Election Centre, 33 Clarendon Road, London, N8 0NW.

34. The Independent Scrutineer shall supervise the production and distribution of voting papers, keep a record of the name and address of each member to whom a voting paper is sent and perform all such other functions as designated by the General Secretary. They shall be responsible for the fair and accurate counting of votes and the decision of the Independent Scrutineer with regard to the rejection of any voting paper as invalid will be final.

ANNOUNCEMENT OF RESULTS
35. The Independent Scrutineer shall report the result of the elections to the PCS Balloting Office who will inform the Group Secretary. The result shall not be published until the full Scrutineer’s report has been received. The scrutineer’s report will be supplied to any member of the Group following receipt of a written request to the Group Secretary.

RETENTION AND DESTRUCTION OF BALLOT PAPERS
36. Ballot papers shall be retained by the Independent Scrutineer for a period of six months from the announcement of the result.