Dual mandate

A dual mandate is the practice in which elected officials served in more than one elected or other public position simultaneously. This practice is known as double jobbing in Britain and distinguished from double dipping in the United States (which refers to being employed and collecting retirement from the same public authority at the same time.)

For example, suppose a candidate wins a seat on a local authority at an election. If the same person then wins a seat in the national legislature in a separate general election, this is a dual mandate.

Dual mandates are sometimes prohibited by law. For example, in federal states, federal office holders are often not permitted to hold state office. In states with separation of powers, members, whether elected or not, of the executive, legislature, and judiciary are separate. In states with bicameral legislatures, one cannot simultaneously be a member of both houses. The holder of one office who wins election to another where a dual mandate is prohibited must either resign the former office or refuse the new one.

European Parliament

A member of the European Parliament (MEP) may not be a member of the legislature of a member state.^[1] This dates from a 2002 European Union decision, which came into effect at the 2004 European elections in most member states,^[1] at the 2007 national election in the Republic of Ireland,^[1] and at the 2009 European elections in the United Kingdom.^[1]

Originally, MEPs were nominated by national parliamentarians from among their own membership.^[2] Prior to the first direct elections in 1979, the dual mandate was discussed.^[2] Some advocated banning it, arguing that MEPs who were national MPs were often absent from one assembly due to being at the other.^[2] The early death of Peter Kirk was blamed by his election agent on overwork resulting from his dual mandate.^[3] Others countered that dual mandate members enhanced communication between national and European assemblies.^[2] The Eurosceptic Danish Social Democrats supported compulsory dual mandate, to ensure the state's MEPs expressed the same views as the national legislature.^[4] The government of Denmark supported compulsory dual mandate, while the other eight members supported optional dual mandate.^[5] The 1976 law preparing for the 1979 elections expressly allowed the dual mandate.^[6] In 1978, Willy Brandt suggested that one third of MEPs should be national MPs.^[7]

France

Main article: cumul des mandats

The dual mandate is a common practice in the French Fifth Republic (1958–present) and holding up to five offices at once is at least theoretically possible in the French system. Known as cumul des mandats, an individual French politician may simultaneously hold offices at any combination of the communal, departmental, regional, national, and European levels.

Hong Kong

In Hong Kong, dual mandate is common for members of the territory's Legislative Council, who serve concurrently as members of one of the territory's eighteen district councils. Before the abolition of the two municipal councils in the territory in 1999, it was not uncommon for politicians to serve concurrently at all three levels.

Ireland

In the Republic of Ireland, the dual mandate of local councillors having Oireachtas seats was abolished by the Local Government (No. 2) Act 2003, an amendment to the Local Government Act 2001.^[8] Attempts to include it in the 2001 Act failed after a rebellion by Fianna Fáil backbenchers;^[9] the 2003 Act passed after a compensation package was agreed for those losing out.^[10] The 2001 Act prohibited being a member of multiple county/city councils, or multiple town councils, or both a town and city council.^[11] Brian O'Shea was a member of both Waterford City Council and Waterford County Council until 1993. County councillors are allowed to sit on a town council,^[12] and many do so. The 2003 Act provides that a candidate elected simultaneously to a forbidden combination of local councils has three days to choose which seat to take up, with the others being considered vacant.^[13]

UK

In the United Kingdom, prior to the 2009 European Parliament elections, there were a small number of members of the European Parliament who were also members of the House of Lords^[14] As it is impossible to disclaim a life peerage, it has been ruled that peers must take a "leave of absence" from the Lords in order to be an MEP.

There have also been members of the House of Commons also holding seats in the devolved bodies in Scotland, Wales and Northern Ireland. The November 2009 report by the Committee on Standards in Public Life into the controversy surrounding MPs' expenses noted that "double jobbing" was "unusually ingrained in the political culture" of Northern Ireland, where 16 of 18 MPs were MLAs, compared to one Scottish MP being an MSP (First Minister Alex Salmond), and no Welsh MPs being AMs.^[15] The Committee recommended that Westminster ban multiple mandates from the 2011 assembly elections.^[15] Parties in Northern Ireland agreed to a ban from the 2015 elections.^[15]

At a lower level, it isn't uncommon for people hold seats on both a District Council and a County Council. Several MPs have also retained their council seats until the expiration of their term.

United States

The practice is banned by the constitutions of many U.S. states, but as of 1992 it was still legal in Connecticut, Illinois, New Jersey and New York.

Florida

In April 1984, Governor of Florida Bob Graham received legislation that passed unanimously in both houses of the Florida Legislature that would forbid public officials from receiving retirement pay and regular pay simultaneously for the same position.^[16]

Illinois

In August 2008, Governor of Illinois Rod Blagojevich proposed legislation that would prohibit dual-office holding as part of changes to the state's ethics bill, stating that "dual government employment creates the potential for a conflict of interest because a legislator's duties to his or her constituents and his or her public employer are not always consistent." Critics, such as Representative Susana Mendoza, called the actions "spite" on the part of the governor.^[17]

New Jersey

Fulfilling a campaign pledge that he had made when first running for the New Jersey Legislature, Jack Sinagra sponsored a bill passed by the New Jersey Senate in 1992 that would ban the practice. At the time that the legislation first passed, there were some twenty elected officials who served in the New Jersey Legislature and another elected office, including Assemblyman Bill Pascrell, who was also mayor of Paterson, New Jersey; State Senator Ronald Rice, who also served on the Newark City Council; and Assemblyman John E. Rooney, who was also mayor of Northvale. These officials protested the proposed ban as interfering with the will of voters to elect officials as they see fit.^[18] A newspaper called former State senator Wayne R. Bryant the "king of double dipping" because he was collecting salaries from as many as four public jobs he held simultaneously.^[19]

Governor of New Jersey Jon Corzine signed legislation in September 2007 that banned the practice statewide, but the 19 legislators holding multiple offices as of February 1, 2008, were grandfathered into the system and allowed to retain their positions.^[20] As of the effective date of the prohibition, the grandfathered politicians were:

Name, Party-County – Second Public Office:

Senators:

• Dana Redd, D-Camden – Councilwoman, Camden
• Nicholas Sacco, D-Hudson – Mayor, North Bergen
• Paul Sarlo, D-Bergen – Mayor, Wood-Ridge
• Robert Singer, R-Ocean – Committeeman, Lakewood
• Brian Stack, D-Hudson – Mayor, Union City
• Stephen Sweeney, D-Gloucester – Freeholder, Gloucester County

Assembly members:

• John Burzichelli, D-Gloucester – Mayor, Paulsboro
• Ralph Caputo, D-Essex – Freeholder, Essex County
• Anthony Chiappone, D-Hudson – Councilman, Bayonne
• Ronald Dancer, R-Ocean – Mayor, Plumsted Township
• Joseph Egan, D-Middlesex – Councilman, New Brunswick
• Elease Evans, D-Passaic – Freeholder, Passaic County
• John McKeon, D-Essex – Mayor, West Orange
• Paul Moriarty, D-Gloucester – Mayor, Washington Township
• Ruben Ramos, D-Hudson – Councilman, Hoboken
• Scott Rumana, R-Bergen – Mayor, Wayne
• Gary Schaer, D-Passaic – Councilman, Passaic
• Daniel Van Pelt, R-Ocean – Mayor, Ocean Township
• Joseph Vas, D-Middlesex – Mayor, Perth Amboy^[20]

Ohio

In February 2001, Jean Schmidt introduced legislation in the Ohio House of Representatives that would forbid public officials from receiving a government pension while still serving in office.^[21]

Spain

Per the Spanish Constitution, legislators in the regional assemblies of the Autonomous Communities are barred from being elected to a seat in the Congress of Deputies, the lower house of the Cortes Generales. More precisely, regional legislators can run for the seat, but if elected they must choose between the regional and national parliaments. Nevertheless, members of lower tiers of the Spanish decentralized structure, such as provincial councillors or members of local councils, including mayors, can and have held seats in the Congress of Deputies. The rule barring regional legislators does not apply to the upper house of the Cortes, the Senate: in fact, regional legislatures are entitled to appoint a varying number of members from their ranks to the Senate, according to the population of the region. Currently, the Autonomous Communities appoint 56 Senators, the other 208 being directly elected in general elections.

Australia

Dual mandates are rare in Australia. It is illegal to be a member of any state parliament and the Australian parliament simultaneously. A member of a state parliament seeking federal office must resign before seeking election to the Federal Parliament. It is possible, but unusual, to be a member of a local government and another parliament. Since 2004 Clover Moore has been both the independent member for Sydney in the NSW Parliament and the Lord Mayor of Sydney.

Canada

In Canada, dual mandates are rare and frequently barred by legislation; section 39 of the Constitution Act, 1867 prevents a Senator from being elected as a Member of Parliament; similarly, s. 65(c) of the Canada Elections Act makes members of provincial or territorial legislatures ineligible to be candidates to the House of Commons.

In other circumstances, an elected official almost always resigns their first post when elected to another. They have occurred occasionally when the member was elected to a second office shortly before their other term of office was due to expire anyway and whereby the short time frame would not merit the cost of a special by-election. For example, Jenny Kwan, a Vancouver city councillor was elected to the provincial legislature in May 1996, six months before the expiry of her term on City Council. She held both offices simultaneously for that period of time. A year earlier, in 1995, the British Columbia legislature had debated a "Dual Office Prohibition Act" which failed to pass second reading.

References

1. ^ ^{a b c d} "Council Decision of 25 June 2002 and 23 September 2002 amending the Act concerning the election of the representatives of the European Parliament by direct universal suffrage, annexed to Decision 76/787/ECSC, EEC, Euratom". Official Journal of the European Communities L 283: 1–4. 21/10/2002. 2002/772/EC,Euratom. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32002D0772:EN:NOT. 
2. ^ ^{a b c d} Manning, Maurice (February 27, 1975). "The problems of dual parliamentary loyalty". The Irish Times: p. 6. 
3. ^ "The Dual Mandate". The Irish Times: p. 9. April 21, 1977. "Sir Peter's own election agent has stated categorically that he died from pressure and overwork caused by his dual mandate as an MP at Westminster and a member in Strasbourg." 
4. ^ Ziccardi, Christiaan. "An analysis of the European Parliament’s electoral arrangement(s). A uniform procedure for the elections to the European Parliament?". ethesis. http://www.ethesis.net/european_parliament/ep.htm. Retrieved 2009-10-06. 
5. ^ "Direct Elections to the European Assembly (European Assembly Elections)". House of Commons Sessional Papers. 20th Century XII.647 (Cmnd. 6399): 9. 1975-76. 
6. ^ "Act concerning the election of the representatives of the Assembly by direct universal suffrage". Official Journal of the European Communities L 278: 5–11. 08/10/1976. 76/787/ECSC, EEC, Euratom. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:41976X1008(01):EN:NOT. 
7. ^ Ellis, Walter (February 5, 1977). "Problem of Euro elections". The Irish Times: p. 7. 
8. ^ "§2 Amendment of Principal Act — insertion of new section 13A". Local Government (No. 2) Act 2003. Irish Statute Book. 2003 June 2. http://www.irishstatutebook.ie/2003/en/act/pub/0017/print.html#sec2. Retrieved 2009-10-06. 
9. ^ Murphy, John A (14 July 2002). "No political will to rock the cosy boat that is the Seanad". Sunday Independent (Dublin). http://www.independent.ie/opinion/analysis/no-political-will-to-rock-the-cosy-boat-that-is-the-seanad-502066.html. Retrieved 16 April 2010. "The councillor lobby which stymied Noel Dempsey's plans to end the dual mandate" 
10. ^ Geaney, Louise (2 June 2003). "Local government needs independent 'fiscal autonomy'". Irish Independent (Dublin). http://www.independent.ie/national-news/news-in-brief-215369.html. Retrieved 16 April 2010. "The Local Government Bill 2000 proposed to abolish the dual mandate but the Act dropped the idea, only for it to be re-introduced — with a handy €12,800 sweetener — in 2003." 
11. ^ "§14. Prohibition on multiple membership of local authorities". Local Government Act 2001. Irish Statute Book. 2001. http://www.irishstatutebook.ie/2001/en/act/pub/0037/sec0014.html. Retrieved 2010 April 15. 
12. ^ "Membership of local authorities in Ireland". Government in Ireland. Dublin: Citizens Information Board. 3 December 2009. http://www.citizensinformation.ie/categories/government-in-ireland/local-and-regional-government/councillors. Retrieved 16 April 2010. 
13. ^ "§6 Amendment of Local Elections Regulations 1995". Local Government (No. 2) Act 2003. Irish Statute Book. 2003 June 2. http://www.irishstatutebook.ie/2003/en/act/pub/0017/sec0006.html. Retrieved 2009-10-06. 
14. ^ http://www.bundeswahlleiter.de/europawahl2004/downloads/decisionandact.pdf
15. ^ ^{a b c} Committee on Standards in Public Life (November 2009). MPs' expenses and allowances; Supporting Parliament, safeguarding the taxpayer. House of Commons papers 2009. 7724. Chaired by Sir Christopher Kelly. p. 95. http://www.public-standards.gov.uk/Library/MP_expenses_main_report.pdf#page=97. Retrieved 15 April 2010. 
16. ^ via Associated Press. "Governor Receives Legislation to Halt 'Double Dipping'", Sarasota Herald-Tribune, April 19, 1984. Accessed May 30, 2010.
17. ^ Fusco, Chris. "Right thing to do -- or is it revenge?", Chicago Sun-Times, August 31, 2008. Accessed May 30, 2010.
18. ^ Strum, Charles. "New Jersey Politicians Serve Public, Twice", The New York Times, December 27, 1992. Accessed May 30, 2010.
19. ^ Little hope for change with the foxes still in charge, New Jersey Jewish News, May 30, 2010.
20. ^ ^{a b} "Double-dipping continues, increases after ban", South Jersey News Online, March 24, 2008. Accessed May 30, 2010. "Since Gov. Jon S. Corzine signed a ban on dual-office holding in September, the number of lawmakers who hold more than one office has actually increased -- from 17 to 19 -- according to a report by The Star-Ledger of Newark. That's because a grandfather clause allows any lawmaker holding two offices as of Feb. 1 to keep both."
21. ^ Staff. "House tries to forbid double dipping", Toledo Blade, February 9, 2001. Accessed May 30, 2010.