BE LEGAL: A guide to surviving tricky elected members in three minutes and three hours

SONY DSCIt can be truly great working with politicians. It can also be tricky. You can be pressured to help one side or the other. But if you do you’ll be in the cross-hairs of rival politicians. Here’s a simple guide to avoid pitfalls. Not just during Purdah but all year round.

Here’s a scenario for you. You pick up the phone to an important politician who is up for election.

They’re asking about that picture you took of them at the launch of the new play equipment.

Can you just send it across?

You’ve got a sneaking suspicion that the image will go into her campaign leaflet. So you ask what the picture will be used for.

Of course, if it is for a leaflet you don’t send it. It was taken using public resources so shouldn’t be used for political campaigning. But how do you say ‘no’ constructively?

Take it from me, unless you have chapter and verse in front of you that conversation is going to be a little bit tricky. At best, you are going to look a bit evasive and unhelpful. At worst, you are going to look uninformed and when the politician complains you may have more pressure put on you to do the wrong thing.

Of course, in an ideal world, every elected member knows what they can and can’t expect you do and wouldn’t dream of leaning on you to bend the rules. But, of course, we aren’t in an ideal world.

In my experience, every authority has at least one elected member who will try and push the rules. Especially with junior members of staff. And every authority has at least one elected member who will spot what you’ve done and attempt to nail you to the floor. Comms teams can often be accused of being ‘political mouthpieces.’ Mainly by people who don’t understand the role they do. My advice is don’t let them. But to do that successfully you’ll need to know very, very clearly what you can and can’t do.

It’s not just councils, either. This covers partners, police, national parks and very often fire services too.

Why three minutes and three hours?

It’ll take you three minutes to read this post. It’ll then take you three hours to do the groundwork you’ll need to do. Put it off until the merde hits the fan and it could be too late. Do you and your team a favour and put the work in ahead of time. It’ll be one of the best things you ever do.

What do you need to do? You need to read through several key documents. You need to cut and paste the passages that govern what you can and can’t do for elected members. Don’t paraphrase. It’s far more effective to read back the page, paragraph and chapter and verse. Make sure all your team know it, have a copy and have access to it.

Read your media protocols

Every communications unit needs a media and publicity protocols document. This sets out what you’ll do for elected members. It also sets out when and where the team get involved. Normally, this will be agreed between you, the chief executive and Leader. It can change and be updated two or three times a year. It’s an important document but not the best one in your armoury.

The Council DCLG Code

The Department for Communities and Local Government has issued eight pages of guidance on what councils should and shouldn’t do. In England, the guidance from 2011 can be found right here. You may want to cite one of the key principles of the guidance that it is even-handed, for example. For Scotland and Wales the guidance dates back amazingly to 1988. You can find it here.

If you work in a local government comms team you should know your guidance backwards. It’ll also give you some good ground rules on what you can and can’t do.

Your authority’s constitution

It’s a funny thing but your constitution has a power over politicians that is practically unmatched. Your protocols they can debate. The DCLG code they can decide to defy. The constitution? That’s a whole different thing. It’s the day-to-day rules they are governed by. You’ll find things in there about publicity, sure. You’ll also find things about the staff – elected member relationship and probably some safeguards against undue pressure too.

Professional codes of conduct

Back when I was looking through my council’s constitution there was explicit reference to professional codes. For comms people this can provide two helpful routes. Firstly, the National Union of Journalists. Their code applies to comms people just as much as reporters as they have comms members. The line: ‘Strives to ensure that information disseminated is honestly conveyed, accurate and fair,’ is a particular favourite.

Secondly, you can also draw on the Chartered Institute of Public Relations code of conduct too.

Purdah guidance

The LGA have written some excellent Purdah guidance for 2016 which you can see here. We’ve also blogged some guidance on Purdah and social media and you can read that here. If you are central government, look out for Cabinet Office guidance that will be published ahead of elections.

What next?

In short, there’s some legwork involved here. Yes, I know you are busy. But this could save your skin in the long run.

Once you’ve pulled things together, publish it on your web pages and make it public. Let the leaders of each group know the contents on the internal guidance too so they can’t pretend to be in the dark.

Picture credit:  Clemens v Vogelsang / Flickr / https://flic.kr/p/iWUJBn


3 Comments on “BE LEGAL: A guide to surviving tricky elected members in three minutes and three hours”

  1. Claire Maxwell says:

    Very useful. Thanks

  2. Nice work Dan, very useful post!


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