Submission to the Communication Team of the Office of the Public Sector Integrity Commissioner of Canada (PSIC)

Transcription

1 Submissin t the Cmmunicatin Team f the Office f the Public Sectr Integrity Cmmissiner f Canada (PSIC) Supplement t the Evaluatin f PSIC s Outreach and Engagement Strategy, Initiatives and Activities (April 1, 2012 March 31, 2015) Andrée Paige March 31, 2017

2 Submissin t the Cmmunicatin Team f the Office f the Public Sectr Integrity Cmmissiner f Canada (PSIC) A Supplement t the Evaluatin f PSIC s Outreach and Backgrund Under separate attachment, a dcument entitled Evaluatin f PSIC s Outreach and Engagement Strategy, Initiatives and Activities (April 1, 2012 March 31, 2015) was submitted t the Office f the Public Sectr Integrity Cmmissiner f Canada (PSIC), dated March 31, In December 2016, PSIC retained the services f the OTUS Grup t cnduct an evaluatin f the cmmunicatin team s utreach and engagement initiatives and activities between April 1, 2012 and March 31, The main bjective f this evaluatin was tw fld: 1) Review the dcument PSIC Outreach and Engagement Strategy with Annual Activity Plans (dated June 2012), as well as the fllw up dcument PSIC Outreach and Engagement Strategy (dated August 2014), t determine whether the strategies, initiatives and activities identified were implemented and whether they successfully cntributed t raising awareness amng stakehlders between April 1, 2012 and March 31, ) Prvide feedback and recmmendatins fr imprvements. Nte: It was requested that the evaluatin shuld include a specific fcus n assessing targeted utreaches and peratinal achievements. Objective f This Submissin t the PSIC Cmmunicatin Team What fllws is an unslicited submissin t the PSIC Cmmunicatin Team that presents three recmmendatins culminated frm up t 18 interview participants during the evaluatin prcess. Imprtant t nte is that it was clearly cmmunicated t interview participants that the bjective f the evaluatin was t fcus slely n PSIC s cmmunicatin team. Regardless, many interview participants made a pint f expressing that effective cmmunicatin is in fact a shared respnsibility. As a direct result, sme feedback was directed at the Cmmissiner and all PSIC staff, nt nly t the cmmunicatin team, with the hpe it wuld be received and cnsidered. Their stated intent was nt t interfere with PSIC s mandate, but instead t prvide perspectives that culd enable PSIC t realize where and hw it can make imprvements in the future. Challenges and Realities Impacting PSIC In Sectin 5 f the evaluatin, the fllwing challenges and realities impacting PSIC were nted (this list is abbreviated, with full details presented beginning n page 4 f the evaluatin: PSIC s reputatin prir t April 1, 2012 (i.e. PSIC s frmative years) Definitin f wrngding Page 1

3 Submissin t the Cmmunicatin Team f the Office f the Public Sectr Integrity Cmmissiner f Canada (PSIC) A Supplement t the Evaluatin f PSIC s Outreach and Interpretatin f the Public Servants Disclsure Prtectin Act (i.e. PSDPA r the Act ) The culture f whistleblwing Reluctance t use whistleblwing services Majr stakehlders are widely dispersed and numerus PSIC s perfrmance cannt be measured slely by the number f cases it publishes PSIC cannt enfrce discipline fr wrngding Tgether, these challenges and realities d nt prevent PSIC frm successfully advancing an utreach and engagement strategy, but they d create ptential bstacles such as misunderstandings, misperceptins and cmmunicatin gaps that may prve difficult r time cnsuming t vercme. PSIC s Mandate and TBS Cde While cnducting research, the fllwing excerpts were cnsidered while assessing what feedback r recmmendatins were relevant t PSIC s mandate: Sectin 4 f the Act: The Minister (President f Treasury Bard) must prmte ethical practices in the public sectr and a psitive envirnment fr disclsing wrngdings by disseminating knwledge f this Act and infrmatin abut its purpses and prcesses and by any ther means that he r she cnsiders apprpriate. Sectin 10.1 f the Act: Establishment f internal disclsure prcedures Each chief executive must establish internal prcedures t manage disclsures made under this Act by public servants emplyed in the prtin f the public sectr fr which the chief executive is respnsible. Sectin 10.2 f the Act: Each chief executive must designate a senir fficer t be respnsible fr receiving and dealing with, in accrdance with the duties and pwers f senir fficers set ut in the cde f cnduct established by the Treasury Bard [etc.] Excerpts frm the TBS Cde: Avenues fr reslutin: The expected behaviurs are nt intended t respnd t every pssible ethical issue that might arise in the curse f a public servant s daily wrk. When ethical issues arise, public servants are encuraged t discuss and reslve these matters with their immediate supervisr. They can als seek advice and supprt frm ther apprpriate surces within their rganizatin. Public servants at all levels are expected t reslve issues in a fair and respectful manner and cnsider infrmal prcesses such as dialgue r mediatin. As prvided by sectins 12 and 13 f the PSDPA, if public servants have infrmatin that culd indicate a serius breach f this Cde, they can bring the matter, in cnfidence and withut fear f reprisal, t the attentin f their immediate supervisr, their senir fficer fr disclsure r the Public Sectr Integrity Cmmissiner. Senir fficers fr disclsure are respnsible fr supprting the chief executive in meeting the requirements f the PSDPA. They help prmte a psitive envirnment fr disclsing Page 2

4 Submissin t the Cmmunicatin Team f the Office f the Public Sectr Integrity Cmmissiner f Canada (PSIC) A Supplement t the Evaluatin f PSIC s Outreach and wrngding, and deal with disclsures f wrngding made by emplyees f the rganizatin. Further infrmatin n the duties and pwers f senir fficers fr disclsure can be fund in the attached Appendix. Members f the public wh have reasn t believe that a public servant has nt acted in accrdance with this Cde can bring the matter t an rganizatinal pint f cntact that has been designated fr the handling f such cncerns r t the Public Sectr Integrity Cmmissiner t disclse a serius breach f this Cde. Appendix: Chief Executives [4] Chief executives f public sectr rganizatins have specific respnsibilities under the PSDPA, including establishing a cde f cnduct fr their rganizatin and an verall respnsibility fr fstering a psitive culture f values and ethics in their rganizatin. They ensure that emplyees are aware f their bligatins under this Cde and their specific rganizatinal cde f cnduct. They als ensure that emplyees can btain apprpriate advice within their rganizatin n ethical issues, including pssible cnflicts f interest. Chief executives ensure that this Cde, their rganizatinal cde f cnduct, and their internal disclsure prcedures are implemented effectively in their rganizatin, and that they are regularly mnitred and evaluated. Chief executives f Crwn crpratins may rely n their bards f directrs fr supprt in this duty. Senir Officers fr Disclsure The senir fficer fr disclsure helps prmte a psitive envirnment fr disclsing wrngding and deals with disclsures f wrngding made by public servants f their rganizatin. Senir fficers are respnsible fr supprting the chief executive in meeting the requirements f the PSDPA. The senir fficer s duties and pwers within his r her rganizatin als include the fllwing, in accrdance with the internal disclsure prcedures established under the PSDPA: 1. Prvide infrmatin, advice and guidance t public servants regarding the rganizatin s internal disclsure prcedures, including the making f disclsures, the cnduct f investigatins int disclsures, and the handling f disclsures made t supervisrs. 2. Receive and recrd disclsures and review them t establish whether there are sufficient grunds fr further actin under the PSDPA. 3. Manage investigatins int disclsures, including determining whether t deal with a disclsure under the PSDPA, initiate an investigatin r cease an investigatin. 4. Crdinate handling f a disclsure with the senir fficer f anther federal public sectr rganizatin, if a disclsure r an investigatin int a disclsure invlves that ther rganizatin. Page 3

5 Submissin t the Cmmunicatin Team f the Office f the Public Sectr Integrity Cmmissiner f Canada (PSIC) A Supplement t the Evaluatin f PSIC s Outreach and 5. Ntify the persn(s) wh made a disclsure in writing f the utcme f any review and/r investigatin int the disclsure and n the status f actins taken n the disclsure, as apprpriate. 6. Reprt the findings f investigatins, as well as any systemic prblems that may give rise t wrngding, directly t his r her chief executive, with recmmendatins fr crrective actin, if any. Treasury Bard f Canada Secretariat Office f the Chief Human Resurces Officer In supprt f the Treasury Bard President s respnsibilities under sectin 4 f the PSDPA, the Office f the Chief Human Resurces Officer (OCHRO) is respnsible fr prmting ethical practices in the public sectr. [5] The OCHRO will wrk with all relevant partner rganizatins t implement and prmte this Cde, and will prvide advice t chief executives and designated departmental fficials with respect t its interpretatin. The Chief Human Resurces Officer may issue directives, standards and guidelines related t this Cde. Recmmendatins Nt Included in the Evaluatin In Sectin 7 f the evaluatin, nly recmmendatins cnsidered t be relevant t PSIC were included. Interview participants wh wanted their recmmendatins submitted, but which either cntradict r fall utside f the scpe f PSIC s mandate as per the Public Servants Disclsure Prtectin Act, are being prvided t PSIC in this dcument. The fllwing recmmendatins are being prvided in gd faith. The reasns fr submitting them separately frm the evaluatin have been cmmunicated t the PSIC cmmunicatin team: 1) The Act, Chief Executives and the Cmmissiner OBSERVATIONS OR PERCEPTIONS: The Act refers t multiple instances when the Cmmissiner shuld cntact r present infrmatin t the Chief Executive, and yet it is Senir Officers wh are respnsible fr receiving and dealing with internal disclsures f wrngding made by public servants emplyed in the prtin f the public sectr fr which the Chief Executive is respnsible. Several interview participants cmmented that nly dealing with the Chief Executive while expecting r hping briefings r a flw f infrmatin will trickle dwn in effective ways t the Senir Officer, management and public sectr levels is unrealistic. In additin, participants cmmented that high level discussins r ne size fits all messages are nt easily absrbed by the general emplyee ppulatin. Participants prvided feedback that Senir Officers wuld like t be included whether the Act requires it r nt. Page 4

6 Submissin t the Cmmunicatin Team f the Office f the Public Sectr Integrity Cmmissiner f Canada (PSIC) A Supplement t the Evaluatin f PSIC s Outreach and While it was acknwledged that utreaches t the Senir Officer cmmunity have ccurred in the past, interview participants suggested it is far easier fr them t frward infrmatin received frm PSIC thrugh their respective emplyee netwrks and in many cases, send tailred messages t specific target grups such as middle management, human resurces r the general emplyee ppulatin. RECOMMENDATIONS: The fllwing items were prpsed fr cnsideratin: The Cmmissiner, ideally accmpanied by a PSIC emplyee, is being encuraged t spend mre face time with Chief Executives and their Senir Officers, even if it s fr as little as 15 minutes per meeting nce per year. Senir Officers wuld like t get t knw the persn wh is a Cmmissiner and build a rapprt, rather than becme acquainted with a title and nline resurces. If this apprach is nt manageable fr the Cmmissiner, Chief Executives and their Senir Officers culd be rganized and assembled t be met with as grups. Separate frm this utreach, the PSIC cmmunicatin team might cnsider refcusing utreach activities t develp strnger relatinships with Senir Officers. Be willing t spend time with individual r clusters f Senir Officers at least nce per year, making presentatins that allw fr interactive Q&A sessins. Obtain feedback during these in persn exchanges abut hw best t make vertical interventins t the middle management cmmunity and the general emplyee ppulatin within their department. Cnsider creating a newsletter frm the Cmmissiner t Senir Officers that discusses themes and issues, prvides helpful links, unveils links t new vides, annunces the psting f new case reprts, etc. Tailr each series f messages fr three target audiences: 1) the Chief Executive (peer, high level), 2) management (highlights f the Act, key messages t effectively reach emplyees) and 3) public sectr emplyees (lwer level, basics, tips, links). Remve the suit frm Ottawa aspect f it and humanize it s they can relate t the cntent. 2) PSIC, Treasury Bard f Canada Secretariat (TBS) and Training Senir Officers OBSERVATIONS OR PERCEPTIONS: It is recgnized that there may be cnfusin abut whether the nus shuld be n TBS r PSIC t take a mre practive rle in educating emplyees abut the Act and PSIC s rle. Despite the understanding that PSIC is nt directly mandated t educate public sectr emplyees, there is disappintment amng several interview participants that PSIC culd be ding mre because it has the resurces t prmte its wn value thrugh wrkshps, presentatins and sessins and because it nce fulfilled this training rle in an unfficial capacity. Prir t 2012, tw day r ne day sessins delivered up t three times per year were ffered t Senir Officers. These sessins were rganized by Senir Officers but funded by PSIC. They included scenaris, case studies, analyses, break ut sessins, guidance regarding investigatins, panel discussins, and Page 5

7 Submissin t the Cmmunicatin Team f the Office f the Public Sectr Integrity Cmmissiner f Canada (PSIC) A Supplement t the Evaluatin f PSIC s Outreach and presentatins frm natinal r internatinal experts. Despite the fact interview participants felt that the sessins were well received and well attended, the perceptin f these stakehlders is that PSIC withdrew because the Act des nt require PSIC t engage in this level f educatin and training. There are tw ther reasns why several participants suggested that Senir Officers wuld like mre guidance frm PSIC: 1) There is a tendency amng Senir Officers t feel like the internal disclsure prcess has failed if a public servant chses t g t PSIC even if this may nt be the case. Can best practices be shared? 2) The majrity f Senir Officers have never had an investigatin by PSIC cnducted in their department, s their level f familiarity r understanding may be lacking until r unless PSIC reaches ut t them. Mst Senir Officers wh were interviewed ideally want PSIC t initiate cntact with them. RECOMMENDATIONS: Make it a pririty even if the Act is vague n this pint t prvide training and guidance t new Senir Officers and ffer refresher training fr thse wh wuld like t learn mre r better understand the Act and PSIC s rle. The majrity f interview participants external t PSIC expressed that PSIC has a larger budget, mre resurces and mre freedm than the TBS t engage in practive and cllabrative utreaches and t educate and train Senir Officers and their subrdinates. Sme effrts t cnduct exhibit based utreaches t brader r miscellaneus emplyees culd instead be redirected t train the trainer wrkshps within the Senir Officer cmmunity. Perhaps ne r tw sessins culd be held every year, making it wrthwhile fr peple t travel and participate. In turn, mre public sectr emplyees culd be reached as a direct result f having access t PSIC trained Senir Officers and subrdinates. At the very least, PSIC can engage Senir Officers t assist them with planning exhibit based events and help attract mre emplyees. 3) Establishing a Feedback Mechanism OBSERVATIONS OR PERCEPTIONS: Accrding t sme interview participants, there is currently n knwn feedback mechanism fr stakehlders external t PSIC. With the names f cmplainants and witnesses held in strictest cnfidence by PSIC, it is understandable althugh it pses a challenge fr Senir Officers t feel cnfident that their emplyees are treated fairly during an investigatin. If they perceive r receive feedback frm their emplyees that fr example, a particular investigatr s behaviur upset an emplyee r that a letter written by PSIC was t tersely written, there is currently n mechanism t prvide feedback t PSIC. When prviding feedback is nt an ptin, this prevents awareness abut issues and pprtunities t make imprvements. Page 6

8 Submissin t the Cmmunicatin Team f the Office f the Public Sectr Integrity Cmmissiner f Canada (PSIC) A Supplement t the Evaluatin f PSIC s Outreach and RECOMMENDATION: Launch a feedback mechanism fr Senir Officers that is managed by the cmmunicatin team at PSIC, wh can share and discuss this feedback with PSIC staff and wrk with them t make imprvements. If a satisfactin survey is reintrduced (there was a pilt survey identified in the Strategy dcument), it shuld cntinue t fcus n the persn s experience with the cmplaint r investigative prcess, nt the utcme f an investigatin r Tribunal ruling. The bservatins, perceptins and recmmendatins presented in this submissin are t be cnsidered at the discretin f PSIC. Page 7