In constructing offers of employment and appointment or contract documents for voting operations staff, there are issues both for the protection of staff and the protection of the electoral management body that need to be considered. These would include:
• the specification of staff duties;
• legal responsibilities of staff;
• the basis of staff payments;
• staff disciplinary provisions;
• the termination or suspension of staff
• the method by which staff accept appointment;
• any restrictions on the scope of employment;
• provisions for emergency engagement of staff.
(For further information on voting operations staff appointments, see Recruitment Methodology, and for contract offer and confirmation processes, see Staff Appointment Documentation.)
Specification of Duties
The duties which staff are expected to undertake should be specified. However, this should be done in a manner that allows some flexibility in staff duties, by including a clause that staff may be required to undertake additional or different duties at the direction of supervisors.
Where an individual is contracted for clearly separate duties, particularly if at different remuneration rates--e.g., as a voting operations administrative assistant and as a voting station official on voting day--the contractual obligations for each position would be better specified in separate appointments.
Legal Responsibilities
Any legal responsibilities of staff should be clearly described in documentation provided with their appointments.
While this may not be relevant for lower level staff engaged in, say, packaging of election materials, it is particularly important where local managerial staff, for example, electoral district managers or local election commissions with legally defined responsibilities for the conduct of the election within an electoral district, are temporary staff engaged on short-term contract.
Payment Basis
Appointments or contracts should not require the electoral management body to make any unnecessary payments. For temporary administrative staff, or staff assisting with early voting in person or by mail, for example, costs can generally be better contained by appointing staff for duty on an hourly basis, as required, rather than as full-time employees for a fixed period.
Voting day staff contracts are more cost-effective if written on a task completion basis, a fair flat rate for however long it takes for specified duties to be completed (especially if staff are also to undertake the count at voting stations) rather than on an hourly rate.
Disciplinary Provisions
Any disciplinary provisions must be made clear to staff when they are appointed. Any prerequisites for confirmation of employment, e.g., satisfactory performance at training, must be clearly stated in the contractual documentation provided.
Penalties for breaches of the code of conduct and any rights of the electoral management body to terminate or suspend employment should also be made clear, and reinforced during training. Staff should also be advised of any methods of challenge to decisions to penalise them regarding their performance.
Acceptance of Appointment
Appointments and contracts must be signed or personally marked by the employee and a representative of the electoral management body. No staff member should be allowed to commence duty without having signed acceptance to the appointment.
It should be made clear to staff that in signing the contract or appointment offer, staff are indicating that they fully understand its contents, their rights, and obligations. In particular, staff should sign specifically that they accept and will comply with the code of conduct (seeCodes of Conduct for Voting Operations Staff) or similar legal obligations to uphold the integrity of voting, and are not disqualified in any way from holding their appointed position.
Restricted Scope
Appointment documentation should make no indications of additional work outside the contract that may be made available.
Where public sector employment policies allow translation from temporary to permanent staff status, or require payment of additional benefits to temporary staff under length of service conditions, care should be taken in making their appointment. The nature or length of their appointment should not qualify them for unintended benefits or increase costs above budgeted levels.
Emergency Staffing Appointments
There may be emergency situations in voting stations that require swift additional recruitment and appointment action. If staff numbers are depleted and sufficient contingency staff are not available to make up the shortfall, voting station managers may have to appoint emergency staff. For this they will need both emergency powers and the provision of emergency staff appointment documents in their voting station materials.
Similarly if a voting station or count manager is taken ill or is absent for a period during voting day, it may be necessary to formally transfer the legal responsibility of the conduct of voting or the count at that location to another staff member. Mechanisms for this need to be provided.
