SYSTEMS OF GOVERNMENT HIRING

Transcription

1 1 RESPONSE TO QUESTIONNAIRE REGARDING FOLLOW UP OF THE IMPLEMENTATION OF THE RECOMMENDATIONS FORMULATED AND THE PROVISIONS REVIEWED IN THE SECOND ROUND AND ON THE CONVENTION PROVISIONS SELECTED FOR THE FIFTH ROUND SYSTEMS OF GOVERNMENT HIRING Panel 1 1. Merit in the Recruitment process. There is no consequence in place currently for not complying with the recruitment process. Ministries, Departments and Agencies (MDAs) without delegation of Human Resources function, always seek the approval of the Office of the Service Commission (OSC) however there are the rare occasions where communication is delayed and the employee may start before the actual letter of employments gets to him/ her. Where there is this delay, it may cause the payment salary to be delayed. A comprehensive revision of the Public Service Regulations will be completed upon the hiring of a Consultant to assist in the project. However there is ongoing revision. Particular reference is made to the amendment and subsequent insertion (in 2000) of paragraph 47 in the Public Service Regulations which provides for the Delegation of some functions to Permanent Secretaries, on a phased basis. The delegation

2 2 RESPONSE TO QUESTIONNAIRE REGARDING FOLLOW UP OF THE IMPLEMENTATION OF THE RECOMMENDATIONS FORMULATED AND THE PROVISIONS REVIEWED IN THE SECOND ROUND AND ON THE CONVENTION PROVISIONS SELECTED FOR THE FIFTH ROUND SYSTEMS OF GOVERNMENT HIRING Panel 1 1. Merit in the Recruitment process. There is no consequence in place currently for not complying with the recruitment process. Ministries, Departments and Agencies (MDAs) without delegation of Human Resources function, always seek the approval of the Office of the Service Commission (OSC) however there are the rare occasions where communication is delayed and the employee may start before the actual letter of employments gets to him/ her. Where there is this delay, it may cause the payment salary to be delayed. A comprehensive revision of the Public Service Regulations will be completed upon the hiring of a Consultant to assist in the project. However there is ongoing revision. Particular reference is made to the amendment and subsequent insertion (in 2000) of paragraph 47 in the Public Service Regulations which provides for the Delegation of some functions to Permanent Secretaries, on a phased basis. The delegation of function is pursuant to the Delegation of Function Orders. The last such Order took effect January 1, With the delegation of the human resources functions (recruitment, selection, training, discipline and separation) to the Human Resources Department of the MDAs, the OSC has taken on the roles of monitoring and auditing. The audits take place at least one year before delegation in order to assess the readiness of the MDAs for delegation. Once delegation takes place, the audits are carried out every two years and they MDAs are monitored between audits in accordance with the Accountability Agreements, the Staff Orders and the Regulations. Also, by way of

3 3 of function is pursuant to the Delegation of Function Orders. The last such Order took effect January 1, With the delegation of the human resources functions (recruitment, selection, training, discipline and separation) to the Human Resources Department of the MDAs, the OSC has taken on the roles of monitoring and auditing. The audits take place at least one year before delegation in order to assess the readiness of the MDAs for delegation. Once delegation takes place, the audits are carried out every two years and they MDAs are monitored between audits in accordance with the Accountability Agreements, the Staff Orders and the Regulations. Also, by way of the Public Service Commission (PSC) a public servant may appeal to the local Privy Council, matters of separation and discipline and to the PSC on matters relating to appointments and training. However it should be noted that the OSC continues to play an administrative role for its staff members. Training for those persons responsible for the recruitment and selection process and the hiring opportunities takes place by way of sensitization sessions and workshops. These sessions focus on what is required of the hiring/ recruiting personnel, interview skills; the rules to be followed for hiring / recruitment; as well as the requirements upon employment. OSC - Judicial Service Commission (JSC) The role of the OSC in relation to the JSC is administrative. The OSC is advised by the Chief Justice of the specific vacancy and the advertisement / notice is prepared for the post to include the job description, qualifications and salary. The Notice is sent to Court Management Service (CMS) and the Jamaica Information Service (JIS) to be ultimately placed in newspaper. Notice also directs prospective applicants to the OSC s website for access to the application form. OSC then receives and collates the applications and submits the shortlisted candidates to the Chief Justice, who is also the Chair of the Judicial Commission. Under further instructions from the Chief Justice the OSC will notify the applicants short-listed and arrange the interviews which are conducted by the Judicial Service Commission. The Commission makes its recommendations to His Excellency, the Governor General of Jamaica. Once the OSC is advised of the approved candidate, letters of employment are then issued and the Instruments of Appointment are prepared.

4 4 OSC Public Servants employed in the House of Parliament. The role of the OSC is administrative with regard to the hiring of public servants that are employed in the Houses of Parliament. However The PSC however is instructed by the Governor General acting on the recommendations of the President of the Senate in relation to the offices of the Clerk and Deputy Clerk of the Senate; and by the Governor General acting on the recommendations of the Speaker of the House in relation to the offices of the Clerk and Deputy Clerk of the House of Representatives. The OSC also provides an administrative role with regard to the other members of staff at the House of Parliament as described in the subsequent paragraph. 2. Mechanism for Advertisement of Hiring Opportunities Generally the Ministries, Departments and Agencies (MDAs) request the OSC to advertise. The Notice is prepared (to include the job description, qualifications and salary) and is dispatched by way of primarily to the Heads of the MDA and to the HR Unit in other MDAs for distribution to staff. The Notice also indicates the job requirements / responsibilities, the salary and the required qualifications. The Notice is also posted on the website of the OSC. This is in keeping with the Staff Orders for the Public Service, which require that the hiring be on a competitive basis. The Public Service Regulations provide for circumstances where the skills are not readily available within the service for a search externally. For the Executive Agencies however, the Executive Agencies Act provides that the notice for a vacancy be posted in the media. Data banks may also be used (e.g. internal job bank, HRMIS).The Delegation of Functions Public Service Regulations (1961) Guidelines and the Delegation of Functions Under the Public Service Regulations, 1961 Accountability Agreement are also instructive. Where the MDAs (without delegation) did not get the prior approval however the employee would be impacted for example by a delay in the payment salary. Also, failure to comply with the provisions of the Accountability Agreement will result in appropriate sanctions by the PSC up to and including revocation of the delegated functions either from designated civilian staff within the Department or, ultimately from the Permanent Secretary. The Jamaica Civil Service

5 5 Association (which represents the rights of the Civil Servants) may also voice its objection. 3. Mechanism for Advertisement of Hiring Opportunities in the Judicial Service The advertisement of hiring opportunities for judicial positions is slightly different from that indicated for the MDAs. This mechanism is aforementioned. 4. Results maintained by the Office of the Service Commission regarding hiring Carried out in Jamaica for the past 5 years. These results are not readily available nor presently compiled in one document but the data are accessible. STUDY OF PRVENTIVE MEASURES THAT TAKE INTO ACCOUNT THE RELATIONSHIP BETWEEN EQUITABLE COMPENSATION AND PROBITY IN PIBLIC SERVICE 5. The crafting of a compensation policy for the public service does not fall within the purview of the OSC. OFFICE OF THE SERVICES COMMISSIONS Panel 3 6. Provisions and/or measures for providing instructions to selected government personnel which ensure proper understanding of their responsibilities. The manner in which personnel are informed of their responsibilities and functions, indicating whether this is done verbally or in writing and whether records are kept of those instructions. Instructions to the selected government personnel which ensure proper understanding of their responsibilities and the ethical rules governing their action are guided by custom and practice of a formal letter of employment. This outlines start date, term and conditions of employment as well as reference to the Staff Orders and the Public Service Regulations. At Orientation, there is also a verbal explanation of responsibilities and functions and some MDAs give staff members copies of the Staff Orders and they are required to sign for that copy.

6 6 Orientation is conducted based on custom and practice and records are not usually kept of whether personnel have been informed of their responsibilities and functions. Though not mandatory to keep records of who was given copies of the Staff Order, some MDAs do keep records of what was distributed, including the Staff Orders. The job descriptions are made public at the time the post is advertised. The Orientation also provides information on standards of behaviour and conduct whilst performing responsibilities and functions as provided by the Staff Orders for the Public Service. They are informed also of their responsibilities in keeping with the Official Secrets Act and they are required to sign a Declaration in relation to the Act. Public servants are also reminded of the consequences when the Staff Orders are not complied with. The HR Quarterly is a quarterly newsletter published for the Human Resource Department in Central Government. It provides information on best practices and trends in the industry; relevant policy changes; reminders of the different aspects of recruitment and hiring etc. It is usually distributed by way of electronic mail. To clarify doubts arising from how to perform one s responsibilities and functions, the civil servant may request information from his / her supervisor, his head of Department or the Human Resource Department, or the individual may call the OSC for information strictly related to human resources. The number of participants and their names are recorded at each orientation session, workshop etc. and through research the data the information, may be sourced. 7. Provisions and/or measure for informing selected government personnel of the ethical rules which govern their activities. By way of the letters of employment and appointment, personnel are informed of their responsibilities in writing and of where to find the information (usually online). However the documents do not indicate the occasions / circumstances under which personnel are to be informed of the ethical rules in place. There is also a Program which falls under the Cabinet Office which is called Ethical Infrastructure in Government which addresses the matter of ethics throughout the public service. This programme included the training of ethical

7 7 officers at the Management Institute for National Development (MIND) the training organization of the government responsible for public sector management training. However more recently however, there has been a shift to include topics on ethic as a part of the courses taught at MIND. The Staff Orders for the Public, the Public Service Regulations and other circulars in relation to ethical rules are also available online. Presently, the Commission for the Prevention of Corruption does not play a direct role in relation to the ethical rules governing the activities of personnel however public servants are required to submit a statutory declaration annually to the Commission, pursuant to the Corruption Prevention Act, SUPPORTING DOCUMENTS 1. Official Secrets Act Declaration 2. Recruitment Circular Executive Secretary 1 (SS 4) et al Institute of Forensic and Legal Medicine. 3. Accountability Agreement Guidelines, Accountability Agreement (General) 5. Delegation of Functions Public Service Regulations Accountability Agreement Values Framework 6. Delegation of Functions Broad Seal 7. HR Quarterly March HR Quarterly - June Instrument of Appointment 10. Staff Order for the Public Service, Public Service Regulations, 1961s Office of the Services Commissions MESICIC Meeting Attorney General Chambers September 26 & 28, 2017