Political neutrality for public servants as individuals

Public servants engaging in political activity

Many public servants have their own political views and support particular political parties. Being politically neutral at work does not generally stop public servants from being politically active outside work. For most public servants, participating in politics outside the workplace is unlikely to breach their agency’s political neutrality obligations.

In general, there is nothing wrong in having interests or activities outside work that may create a conflict with your agency role, so long as they are identified and appropriately managed. However, there may be circumstances where it is difficult to reconcile personal political interests with performing a public sector role. Te Kawa Mataaho Public Service Commission can help in these situations.

Public servants involved with a political party, or who intend to comment publicly on political matters, including via social media, need to be careful that they do not:

•      reveal advice given to Ministers,

•      disclose information they are not authorised to disclose,

•      purport to express an agency view when they are giving their own view, or

•      criticise government policy with which they have been professionally involved.

Things to think about

There are some things to think about when engaging in any political activity outside work that might impact your role as a public servant. Whether a particular political interest or activity might impact on a work role, and whether it can be managed, may depend on the:

•      seniority of the role

•      nature of the role

•      scope and scale of the political activity

The seniority of the role

Working in the public sector is a privilege, involving ready access to government information, status and influence. The more senior the role within the structure of the agency, the greater that person’s profile, influence, and proximity to Ministers and government is likely to be. Some public servants will need to exercise careful judgement and care when considering political activity outside of work and consider public perceptions if they:

•      hold a senior position within an agency,

• have regular direct contact with Ministers or represent a public face of their agency,

•      work in a Minister’s office, or

•      are actively engaged in providing advice to Ministers on an issue that is the subject of contested political activity.

The greater the seniority and influence, the less appropriate political activity outside work may be.

The nature of the role

Any potential for overlap or conflict will depend on what the public service role involves and the requirements of the role. Roles that are more likely to be impacted by a public servant’s political activity outside work include those that involve regular, direct contact with Ministers; communication on behalf of the agency; or advising Ministers on politically topical issues.

The scope and scale of the political activity

Voting in the election is a democratic right and is always encouraged, however, political expression that involves breaching the law or a code of conduct is never acceptable. For example, the unauthorised disclosure of government information or the misuse of government resources for political purposes is not acceptable.

Public servants should consider whether the scope and scale of the political activity could interfere with their work duties or the political neutrality of the public sector. Questions that could be asked are whether the political activity (including the way it is conducted):

•      has a negative impact on the confidence of Ministers and the public in the political neutrality of the public sector

•      interferes with duties or workplace relationships

•      involves a serious breach of the Standards of Integrity and Conduct or criminal conduct, for example, involves the unauthorised release of data, other government information, private or personal information, government policy, financial information or criminal conduct 

•      brings into question someone’s ability to perform their role in the eyes of the public

•      causes some other kind of harm to the legitimate interests of the public sector.

Public servants as members of unions

Public servants have the right to join and be active in lawful organisations including trade unions. Participating in the lawful activities of unions within government workplaces is acceptable at all times, and managers should work constructively with union representatives to enable this.

As a consequence of this right, it is anticipated there will sometimes be an expression of political views inside the workplace. Political expression and participation should normally be undertaken in the individual's own time. To the extent that union activity leads to political expression within the workplace, this should be carried out in a reasonable way and respect normal business operations. These activities should not be visible to the general public. 

Distributing and discussing union material in the workplace does not breach a public servant’s obligations around political neutrality. It is important that public servants continue to carry out their job without letting their personal interests or views influence their advice or behaviour and act without bias towards one political party or another. 

Public servants as members of a profession or with a statutory role

Public servants who are members of professions with their own professional obligations or code of ethics need to consider how these fit with their political neutrality responsibilities as public servants.

For example, members of a profession may wish to comment publicly in a personal capacity on work-related matters within their areas of expertise. Members should be open and honest in their actions. This will involve raising the matter first with the agency and not disclosing official information that has not been made public. Public servants in this situation should not enter into debate criticising or advocating for particular politicians or political parties or comment on particular political party policies.

Public servants who have a statutory role that involves public advocacy need to consider how to fulfil this role while maintaining political neutrality. This will involve ensuring their comments focus on their statutory role rather than political advocacy. They too should not comment on particular political party policies. Statutory duties that public servants have as members of a profession prevail over these responsibilities, but public servants should raise any inconsistency with their agency. 

A public servant who has a spokesperson role with a professional body or union has fewer constraints when making comments that are critical of the Government or of the management of the agency. It is important in these cases that comments are clearly made on behalf of the professional body or union.

Personal use of social media

Public servants are free to use social media in their private lives. The Standards of Integrity and Conduct, political neutrality obligations and agencies’ own policies apply to all media communications outside work, as with other forms of communication.  There should be a clear separation between public servants’ work role and their personal use of social media. See: Guidance: Public servants’ personal use of social media

Use of agency resources

Agency resources and premises should not be used for activities that could be regarded as party political.  Agencies may have a ‘reasonable personal use’ policy but agency resources such as printers, office supplies and email systems should not be used to support the private political activities of individuals.

Public servants should not provide their workplace contact details to political parties.

Public servants and select committees

Public servants have the same political rights as other members of society, including the right to make submissions to, and appear as witnesses before, select committees. Public servants should be careful, however, that their attendance in a personal capacity is consistent with their professional obligations to the government of the day and that any conflicts of interest are able to be managed. In particular, public servants who appear in a private capacity should:

•      Make it clear to the committee that they appear in a private capacity,

•      Not use information they have received in confidence through their work role in the submission,

•      Avoid commenting on policy issues related to their own department or agency or which they have been professionally associated with, and

•      Advise their manager that they will be attending.