Public service handbook oct2012 v1

Turks and Caicos Islands

Public Service Handbook

Public Service Handbook 2012 Turks and Caicos Islands Public Service Handbook Contents

CHAPTER ONE - INTRODUCTION 1.1 Authority and Application 1.1.1 This Handbook is made by the Governor and published under his authority. This Handbook contains the Administrative Orders made under the Public Service Ordinance 2012. The power to amend, repeal, interpret or waive any requirement generally or in any particular case lies with the Governor. The Deputy Governor is the head of the Public Service. Except as otherwise stated the Governor has delegated authority to interpret and administer the requirements in this Handbook to the Deputy Governor, Permanent Secretaries and Heads of Departments. These senior officers are referred to as "Delegated Managers" in this Handbook. This Handbook is to be read in conjunction with the Public Service Ordinance 2012 (the Ordinance).

1.1.2 Under the Ordinance, the Public Service Commission is responsible to: • issue, keep under review and provide advice on the implementation of the standards of conduct and ethics in the Public Service; • keep under review policies and provide advice on the implementation of such policies for discipline, training, pay and conditions of service, and appointments, promotions and transfers.

1.1.3 This Handbook will use the meanings of certain words and phrases listed in Section 2 of the Public Service Ordinance. Additional words and phrases with particular meanings in this Handbook are given at Appendix 1.

1.1.4 This Handbook will come into effect from 5 November 2012 and subject to Paragraph 1.1.5, will replace any General Orders and Circulars made before that date. Any subsequent changes or amendments will be notified by Circular from the Deputy Governor.

2

Public Service Handbook 2012 1.1.5 Where disciplinary proceedings have commenced before the Public Service Ordinance took effect, the continuation of those proceedings will be dealt with under Part VI of the Public Service Ordinance and Chapter Five of this Handbook.

1.1.6 This Handbook applies to all public officers and employees in the Public Service. It also applies to public officers and employees in the Royal Turks and Caicos Islands Police Force, but it does not apply to commissioned police officers who come under separate arrangements. In this Handbook, the term "officer" will be used to refer to those covered.

1.1.7 In this Handbook where the Permanent Secretary is the officer in question, the approving officer will be the Deputy Governor. In this Handbook where the Agency is not a Ministry, the Head of the Agency is seen as equivalent to the Permanent Secretary.

1.1.8 Officers are bound by: • the Public Service Ordinance 2012, • other statutory provisions made in Ordinances and local legislation, • this Handbook, • Financial Instructions, and • administrative instructions and Circulars issued from time to time by the Governor, Deputy Governor or those Officers to whom the Governor or Deputy Governor has delegated these powers.

1.1.9 Officers are required to make themselves acquainted with all Government notices and with this Handbook. Department Heads are responsible for circulating such publications to all staff under their authority. Officers are responsible for keeping their copies of this Handbook up to date.

3

Public Service Handbook 2012

CHAPTER TWO – ETHICAL AND PROFESSIONAL CONDUCT Parts II and IV of the Public Service Ordinance 2012 applies to this Chapter.

2.1 Values and Code of Conduct 2.1.1 All officers must act in accordance with the best interests of the Islands, and not in their own private interests.

2.1.2 The values of the Public Service are included in the Constitution and the Public Service Ordinance and outlined by the Deputy Governor (refer Appendix 2). All officers will undertake their duties and make decisions in accordance with these values. Through a commitment to these values, the Public Service will be a professional organisation that will provide efficient and effective services that are in the public’s best interest.

2.1.3 The Public Service Commission will adopt the Code of Conduct for Persons in Public Life prepared by the Integrity Commission, as the standard of conduct and ethics for all officers, as required under Section 92 of the Constitution. The Code of Conduct which applies to all officers is provided in Appendix 3. Officers will become familiar with the Code and will act in accordance with its requirements. Officers will sign a statement to confirm that they have received a copy of the Code and that they understand the principles and requirements within it.

2.1.4 Unit Managers, Heads of Departments, Deputy Secretaries and Permanent Secretaries are responsible for providing guidance and support to officers about how to uphold the values and abide by the Code of Conduct.

2.2 Fiscal Responsibility 2.2.1 The proper use of public funds and monies is a responsibility of all officers, and accordingly they will familiarise themselves with the Public Finance Management Ordinance 2012 and the Financial Instructions.

2.2.2 Officers will be subject to penalties and surcharge provisions in the Public Finance Management Ordinance 2012 if they breach the financial management requirements.

4

Public Service Handbook 2012 2.2.3 The Public Service has financial and operational controls in place to provide reasonable assurance that fraudulent, illegal or dishonest activity by officers or others is prevented and detected.

However there is still potential for inappropriate activities and any officer who becomes aware of such activity must report the matter in accordance with the reporting arrangements in Paragraph 2.4.1 below.

2.3 Protected Disclosures or Whistleblowing 2.3.1 The Public Service values transparency and accountability in its activities and management practices. Making a disclosure in the public interest or ‘whistleblowing’ means that an officer believes that there is wrongdoing or malpractice in the workplace. Malpractice could be something improper, illegal or negligent and would include a breach of the Public Service Ordinance or this Handbook.

The objectives of protected disclosures are to: • promote a culture where officers are able to discuss genuine concerns about ethical behaviour; • give officers an avenue to report concerns in matters of ethics; • promote a culture where inappropriate behaviour is challenged.

2.3.2 The employment status of an officer who makes a disclosure will be protected from detrimental treatment if the disclosure is done in a particular way. To be protected, an officer must: • make the disclosure with honest intent and without malice • believe that the information is substantially true • use one of the processes identified in Paragraph 2.4.1 of this Handbook.

2.3.3 An officer will not abuse the reporting system. Those who make malicious or false allegations may be subject to disciplinary action.

2.3.4 Disclosures will be treated in confidence, to the extent permitted by law, including the identity of a person making the disclosure. Officers are encouraged to give as much evidence and detail as possible, including their name, so that matters can be fully investigated. An officer may choose to make an anonymous disclosure, however reports with immaterial or vague allegations may not be investigated.

2.4 Reporting Requirements 2.4.1 Officers are required to make reports in a range of circumstances as outlined in Part II of the Public Service Ordinance and as required by this Handbook. The following table gives a summary of reporting requirements: 5

Public Service Handbook 2012 Situation

Type of report needed

Comment

1.

Gift or private benefit received as protocol or social obligation (e.g. given a gift by an overseas visitor to the Government) with a value of more than $100

Entry in Gift Register within 7 days

Each Ministry will keep a Gift Register as provided in the template in Appendix 4

2.

Bribe or benefit offered to influence a service or performance of duties

Immediate report of incident, in writing, to Permanent Secretary or Head of Department

Permanent Secretary will report the matter to the Integrity Commission and Police

3.

Instructions from a supervisor or colleague that are asking an officer to act illegally or unethical way, or breaks a professional code or this Handbook

Immediate report of incident, in writing, to Permanent Secretary or Head of Department; If matter involves Permanent Secretary or Head of Department, then report to both the Deputy Governor and the Integrity Commission

Check the Ministry’s guidelines or procedures for relevant standards or professional codes; The Permanent Secretary or Deputy Governor will investigate and if he or she believes there has been a breach, they will commence disciplinary action according to Part VI of the Ordinance and/or refer the matter to the Integrity Commission in accordance with Section 15(1) of the Ordinance; The Permanent Secretary or Deputy Governor will notify the reporting officer of the outcome of the investigation

Criminal or unlawful activity by colleagues or managers

Immediate report of evidence or reasonable suspicion, in writing, to Permanent Secretary or Head of Department; If matter involves Permanent Secretary or Head of Department, then report to the Deputy Governor

The Permanent Secretary or Deputy Governor will investigate and if he or she believes there is evidence of unlawful activity, they will refer the matter to the Integrity Commission or the Chief Internal Auditor or the Auditor General or the Police

Immediate report of situation,

The Permanent Secretary or

4.

5.

Breach of the Public

6

Public Service Handbook 2012 Service Ordinance or this Handbook

in writing, to Permanent Secretary or Head of Department; If matter involves Permanent Secretary or Head of Department, then report to the Deputy Governor

Deputy Governor will investigate and if he or she believes there has been a breach, they will commence disciplinary action according to Part VI of the Ordinance and/or refer the matter to the Integrity Commission in accordance with Section 15(1) of the Ordinance; The Permanent Secretary or Deputy Governor will notify the reporting officer of the outcome of the investigation

6.

A report has been made Report to the Public Service about a situation as in point Commission either by phone, in 3 or point 5 above, and person or in writing there has not been an adequate or reasonable response

The Commission will report on the matter to the Integrity Commission

Fraudulent misconduct Fraud Reporting Hotline in the where there is the intention Internal Audit unit (number to of obtaining an be advised) unauthorised benefit

To the extent permitted by law, the Chief Internal Auditor and staff will treat all information as confidential

7.

2.4.2 An officer may report any instance of unethical conduct to the Integrity Commission.

Specifically in the case of a breach of the Code of Conduct or an act of corruption, the officer must make a report to the Integrity Commission. An officer may report any instance of illegal activity to the Integrity Commission or the Auditor General or the Police. A Permanent Secretary will report all instances of unethical conduct to the Integrity Commission. Where a Permanent Secretary makes any report due to one of the above situations in Paragraph 2.4.1, he or she will also report the matter to the Deputy Governor.

2.4.3 Each quarter the Permanent Secretary will note the entries in the Gift Register, sign it and send a copy to the Integrity Commission.

2.4.4 A delegated manager who receives a report will treat the matter in the strictest confidence.

They have an obligation to act in a timely manner. Generally, depending on the type and amount of information received, the delegated manager receiving a report will act within 7 days. Where 7

Public Service Handbook 2012 possible, the delegated manager receiving the report will advise the person who made the report that they have acted.

2.5 Conduct of Officers 2.5.1 All officers will act in accordance with: • the Code of Conduct • the Public Service Ordinance • the Public Financial Management Ordinance • the Financial Instructions • any other Codes or Charters issued under proper authority • policies, procedures and circulars issued under proper authority.

Further officers should note Section 19 of the Constitution which states that “all decisions and acts of the Government and of persons acting on its behalf must be lawful, rational, proportionate and procedurally fair.”

2.5.2 Permanent Secretaries or the delegated manager will provide officers with a job description (refer template in Appendix 4). This, together with the objectives established through the performance appraisal process, will form the standards to which the job will be performed by the officer. Officers will discuss their job performance against such standards and their conduct against the Code of Conduct with their immediate supervisor on a regular basis.

2.5.3 An officer will perform his or her duties for the appointed post in a professional manner. An officer will ensure that their dealings with colleagues, managers, members of Government, and the public, is always professional. This includes official correspondence and documentation.

2.5.4 Officers require the permission of their unit manager for any absence from duty during working hours, except in the case of illness (refer Paragraph 9.3) or emergency. If an officer is ill, he or she will notify their delegated manager as soon as possible and generally within the first two hours of the normal working hours. An officer who is absent from duty without leave for a continuous period of seven calendar days may face termination action due to abandonment of office.

An officer requires the prior permission of the Permanent Secretary when leaving the Islands on official duty. Senior officers may be requested to give a telephone number for contact while they are on vacation or other leave.

8

Public Service Handbook 2012 2.5.5 Senior officers and delegated managers may be called upon to undertake official duties in the public interest which may be outside of normal working hours, or to work longer hours, without additional remuneration.

2.5.6 An officer may not engage in any private activity during normal working hours.

2.5.7 An officer must declare in writing and have the written approval of the Permanent Secretary in order to hold any other employment or conduct any other business activity outside of the Public Service. Approval may be given when the employment or business activity does not: • bring or be seen to bring the officer or Public Service into disrepute; • conflict with his or her official duties or responsibilities; • place him or her or give the appearance of placing him or her in a position to use employment or business activities for personal advantage.

Where an officer has approval to engage in private work, the facilities, equipment, time and services of the Public Service will not be used in connection with private work without the express permission of the Permanent Secretary.

2.5.8 Officers must declare any private pecuniary interests that they hold which may conflict or be seen to conflict with their duties, immediately that the potential conflict arises. Interests held by close family members that may conflict must also be declared. The officer may be asked to discontinue the activities or to divest him or herself of the interests, or the officer may be transferred to other duties if appropriate and available.

Examples of activites and interests include, but are not limited to: • real estate investments; • shareholdings; • trusts or nominee companies; • company directorships or partnerships; • other significant sources of income; • significant liabilities; • private business or social/personal relationships; • paid, unpaid or voluntary outside employment.

2.5.9 In the event of an officer filing for bankruptcy, or of bankruptcy proceedings being taken against him or her, or of any other serious financial embarrassment, the officer will immediately notify the Permanent Secretary. Permanent Secretaries must ensure that officers in such situations are not employed on duties which might permit the misappropriation of public funds.

2.5.10 The existence of a close personal relationship between an officer and another officer, either through family or other relationships, may occur in the workplace. Officers will declare to their 9

Public Service Handbook 2012 delegated manager any relationship that may give rise to a real or perceived conflict of interest. The delegated manager will consider whether any particular action is needed to avoid conflicts of interest. Action might include, but is not limited to, stepping down from a selection panel; changing the reporting relationship where applicable; involvement of other managers in performance appraisal; having a countersign officer on approval of expenditure, etc.

2.5.11 An officer must have the approval of the Permanent Secretary to undertake work for public boards or committees, even if it relates to or is a part of their duties. Officers will not receive any fees, honorariums or other emoluments in respect of membership of, or service to, a public board or committee, apart from reimbursement of approved expenses. Payment of expenses from the board or committee directly to the officer must be approved by the Permanent Secretary.

2.5.12 Officers must not disclose any information, whether written or oral, they receive or generate in the course of their official duties without the approval in writing of their Head of Department.

Further officers will take care to ensure that unauthorised access to documents or information does not occur. This requirement continues after an officer leaves the Public Service. This paragraph does not prevent a disclosure under Paragraph 2.3 of this Handbook or a disclosure otherwise authorised by law.

Officers should be aware of the heavy penalties for disclosure of official information without proper authorisation in Section 21 (6) of the Ordinance.

2.5.13 Officers must not engage in political activities at any time on behalf of any party or candidate in an election to the Legislature. They must not act as agents, sub-agents or canvassers at such elections. Political activities would include, but are not limited to, activities such as: • distributing leaflets about a political party or candidate; • wearing political badges or t-shirts or using other political paraphenalia; • sitting on a dias or stage at a political public meeting or conference.

2.5.14 Officers will not: • act as editor of any newspaper, magazine, periodical or website or take part directly or indirectly in the management of such; or • contribute to or publish in any newspaper, magazine, periodical or website anything which may be regarded as of a political or administrative nature; or • allow himself or herself to be interviewed on questions of public policy, or on any matter of a political or administrative nature or on matters affecting the administration or the security of the Islands; or • speak in any public broadcast in any way on matters which may be regarded as of a political or administrative nature.

10

Public Service Handbook 2012 The provisions of this paragraph do not apply to an officer undertaking their official duties and with the prior permission of their delegated manager.

2.5.15 Government facilities, equipment or materials must be used for official purposes only. This includes, but is not limited to: • official seal, • telephones, • vehicles, • physical plant • computers, • internet, • photocopiers, and • communication devices.

Officers will use Information and Communication Technology in a responsible manner, including but not limited to: • the Intranet • the internet • cellular phones, and • other networks.

Officers must follow the Public Service Information and Communication Technology policies, particularly as they relate to official use of computers, software, virus checkers, back up procedures, etc., as well as any relevant Ministry or Departmental procedures.

2.5.16 Officers are accountable for any equipment, tool or other property of the government which is entrusted to them or comes under their control in the course of duty. Officers will report immediately to their unit manager, or in the absence of the unit manager, to another senior officer, any malfunction, damage or loss of any equipment.

Officers may be liable for any loss or damage of any equipment, tool or other property as a result of disciplinary proceedings in accordance with Chapter Five.

2.6 Health and Safety 2.6.1 The following principles will be applied to health and safety in the Public Service: • acceptance of the concept that all injuries can be prevented; • taking collective and individual responsibility for preventing occupational injuries and illnesses; and 11

Public Service Handbook 2012 •

all officers adopting health and safety practices and recognising that it is to everyone's advantage to work safely.

2.6.2 All officers have an individual responsibility to: • know and follow all health and safety rules, policies, and procedures for the area in which they are working; • maintain a safe work environment; • use good judgment; • report to their Unit Manager or Head of Department immediately in the event of: o unsafe conditions, accidents, and o work related injuries and illnesses; • know the hazards of the materials and equipment they work with and follow the specified precautions, if applicable; • properly use all safety equipment provided; • participate, as needed, in safety training programs; and • conduct work activity in such a way as to not affect the safety of others.

2.6.3 All delegated managers are responsible to implement applicable policies and procedures and to take action, as required, to ensure that the staff and operations they supervise comply with applicable safety standards. This includes: • taking positive action to reduce the accidents and incidents associated with their operations; • informing officers of the safety hazards associated with their work; • instructing officers in safe work methods; and • ensuring that officers perform their work according to safety standards.

2.6.4 Permanent Secretaries will ensure that their Ministry has the proper arrangments in place to respond to emergency situations, including fire, disaster, and other major incidents arising from the Ministry’s activities.

2.6.5 All accidents and significant near misses must be reported immediately to the Head of Department, who will investigate, identify the cause, and take any necessary corrective actions to prevent further immediate or future accidents.

2.6.6 If an officer is killed or seriously injured as a result of an accident whilst on duty, an immediate investigation will be made. A serious injury is one where a person is hospitalised. The Permanent Secretary, Director Human Resources and the Deputy Governor will appoint a board of inquiry to investigate the circumstances of the accident and to determine whether it resulted directly from that duty and whether the officer was in any way negligent. The board will include the Chief Medical Officer and a senior officer of the department in which the officer was employed. The board will

12

Public Service Handbook 2012 submit its report to the Deputy Governor. In the event that an officer is killed, the Permanent Secretary will notify the Police immediately.

2.6.7 Each Ministry will keep an Accident Register in which the following particulars of all accidents causing any injury to any officer must be recorded: (a) the full name, address and national insurance number of the person injured; (b) the date and time of the accident; (c) the place where the accident happened and its cause where known; (d) the nature of the injury; and (e) the name, home address and contact details of any witnesses to the accident.

Each quarter a copy of the Accident Register will be sent to the Human Resources Directorate.

2.7 Handling Official Information 2.7.1 In this Handbook reference to information, documents and files, and correspondence is taken to include both physical and electronic formats.

2.7.2 Officers will not give any unauthorised person information or access to information relating to the business of the Public Service.

2.7.3 Confidential and secret correspondence and documents, including copies, must always be kept separate from open correspondence and material, and must be kept in a secure location.

Information and documents that are confidential must be marked ‘confidential’. Any correspondence marked "secret", "personal", "confidential" or "in confidence"' must be opened by the addressee personally. Delegated managers must ensure that only those officers who are authorised to see confidential information have access. Computer files should be password protected and access to the computer also password protected. The transfer of information by computer or email must follow security procedures. Delegated managers are responsible to ensure that appropriate security arrangements are in place to protect confidential and classified information.

2.7.4 All officers will keep adequate files and documents of their work as appropriate. Heads of Departments will provide a set of instructions for officers in their Department on procedures and rules for storage of information for that Department. This may include requirements for: • electronic scanning and storage of files and documents; • back up of electronic material and storage of back up 2.7.5 The preservation and destruction of Government documents are regulated by the following: • correspondence, documents or computer files will be destroyed only after five years, except documents where other arrangements apply as below; 13

Public Service Handbook 2012 • • • • •

• •

any file over five years old that is to be retained will be noted that is will be preserved because of its continuing value to Government; preserved files will be kept for fifteen years from the date of its opening and will then be considered by the Deputy Governor for destruction or for further retention; a record will be kept of all documents and files destroyed and the date on which they were destroyed; certain documents are required to be kept for specific time periods for internal audit purposes and such documents are set out in the Internal Audit Manual; the following documents will not be destroyed: o those required by law or regulation to be preserved; o documents of historical or other interest, particularly those relating to the history of the Islands or the West Indies; o documents relating to land and the ownership thereof, and the value of land and property, especially Crown lands; o documents relating to any form of official registration; o documents that are more than fifty years old unless, they only cover matters of a routine nature; o court and legal documents; and o the personnel files of current officers.

The personnel files of officers who are no longer employed will be kept for a period of two years in the Human Resources Directorate, and then will be archived for at least ten years; In general the following documents will be kept and are not subject to a time limit: o policy decisions, o procedures, o legal opinion and the preparation of legislation, o evidences of rights and obligations of and to Government and claims for compensation not subject to time limit, o reports of field trials and experiments.

2.7.6 Official stationery must be used for official correspondence only. Official correspondence will be transmitted free by the Post Office provided that it is marked on the envelope or the cover with the words "On Her Majesty's Service" or with the letters "OHMS".

2.8 Disasters 2.8.1 The first priority in a disaster or emergency situation is to protect self and family. In diasters and emergencies, the Public Service has a role to play in supporting and assisting the community to protect and then to re-establish itself. All officers can play a part in contributing to the community in this way before and after disasters and emergencies.

14

Public Service Handbook 2012 2.8.2 All officers will follow instructions from their delegated managers when disasters or other emergencies are notified.

2.8.3 After a disaster or emergency situation, all officers will report for work, unless they are dealing with their own personal emergency situations. Officers will make contact with their delegated manager as soon as it is safe and possible to do so. Each Head of Department or delegated manager will advise officers of assignments that are required to assist with the situation.

2.8.4 The Office of Disaster Management and Emergencies will liaise with Permanent Secretaries and delegated managers regarding staff assignments and plans of action.

2.9 Form of Dress 2.9.1 Officers will dress soberly, neatly and tidily and in accordance with any requirements established by either the job or the Department. Dress codes will reflect the dignity and professionalism of the Public Service. Permanent Secretaries or Heads of departments in consultation with the Director Human Resources will determine any dress codes.

2.9.2 A form of dress that is characteristic of a person’s religion or race will not be deemed as inappropriate except where it offends reasonable notions of decency or morality or poses a health and safety risk.

2.10 Breaches 2.10.1 An officer may face disciplinary action if they breach the Code of Conduct or any provisions in the Public Service Ordinance, or in this Handbook. The rules for disciplinary action are covered extensively in the Public Service Ordinance Part VI and are summarised in this Handbook in Chapter Five.

2.10.2 Further, as it is a basic condition of employment that officers are required to comply with the law and all rules and regulations, including this Handbook, a breach of any provisions is a breach of the employment contract and could lead to dismissal.

CHAPTER THREE – APPOINTMENTS, PROMOTIONS AND TRANSFERS Part V of the Public Service Ordinance 2012 applies to this Chapter.

15

Public Service Handbook 2012 3.1 Authority and Processes 3.1.1 Under the Constitution and the Public Service Ordinance, the following authority applies: • For posts below the level of Head of department – the Permanent Secretary or delegated manager will, together with a selection panel, assess and recommend a suitable candidate(s) to the Commission for their advice • For posts at the level of Head of department and above – the Governor or Permanent Secretary will, together with a selection panel, assess suitable candidates and consult with the Commission about the most suitable candidate, and the decision of the Governor will be final.

3.1.2 The processes to be undertaken for appointments, promotions and transfers are described in the Public Service Ordinance in Part V. The requirements in this Handbook are supplementary to the Ordinance.

3.2 Establishment 3.2.1 All appointments of public officers are subject to provision in the established section or the waged section of the Annual Estimates respectively. Appointments of employees in the waged section will be on a fixed term contract (refer template in Appendix 4). Confirmation of this will be undertaken by the Human Resources Directorate.

3.3 Recruitment 3.3.1 The Permanent Secretary or delegated manager will advise the Human Resources Directorate when a vacancy arises or is expected to arise. They will forward the updated and approved job description (refer template in Appendix 4), which is given final approval by the Human Resources Directorate. The job description will clearly state the requirements for the post including knowledge, skills, qualifications and experience. The job description will include any professional or legal requirements for the occupation or type of job, such as industry certifications or membership of professional associations. Recruitment will only proceed where there is an approved job description.

3.3.2 Within 7 days of receipt of the job description and confirmation of approval to recruit signed by the Chief Financial Officer, the Human Resources Directorate will advertise the vacancy in relevant media, and will ensure that the advertisement is also advertised within the Public Service. The advertisement will state the format and requirements for applications. The closing date for applications will be determined based on the nature of the vacancy.

16

Public Service Handbook 2012 3.3.3 Applicants who already hold a post in the Public Service will have their application endorsed by the relevant Head of Department.

3.3.4 A Selection Panel will be approved for all vacancies, except temporary appointments under six months duration. The Permanent Secretary or delegated manager will recommend to the Human Resources Director the members of the Selection Panel and any assessment requirements such as culling, tests and interviews.

3.3.5 The Selection Panel will conduct the assessments of the candidates as approved. They will maintain documentation of their assessments against the selection criteria on the Selection Panel Assessment Form (refer to template in Appendix 4). Once the Selection Panel recommends a candidate(s), this form is referred to the Permanent Secretary and the Human Resources Directorate.

The Human Resources Directorate will present the relevant documentation to the Commission for their advice.

3.3.6 The Commission will consider the documentation, note its advice on the principles of merit, neutrality and integrity of the process and pass on its advice to the Human Resources Directorate .

The Chairman will expedite matters based on the urgency of the request by the Director, Human Resources.

3.4 Appointment 3.4.1 An offer of employment will be made to the successful candidate by the Human Resources Directorate within 7 days of the final approval of the selection. The appointment will be effective only on meeting any conditions with the offer and by the written acceptance of the offer by the candidate.

3.4.2 Appointments may be made on any of the following terms: • Public officer – either on a continuing basis or on a contract for a fixed term, and with a probationary period for first time appointments (refer Paragraph 3.5), • Fortnightly paid employee –either on a continuing basis or on a contract for a fixed term, and with a probationary period for first time appointments (refer Paragraph 3.5).

3.4.3 An appointment may be made on a contract basis as approved by the Director, Human Resources. The conditions of service of an officer appointed on contract are those provided in the contract. Contract templates are provided in Appendix 4.

3.4.4 Appointments for all officers will be subject to either a satisfactory medical examination by a registered medical practitioner in the Islands (for candidates with Belonger or permanent resident 17

Public Service Handbook 2012 status) or the requirements in the Migrant Health Evaluation Program (for all other candidates). The cost of the medical examination will be borne by the candidate.

3.4.5 Appointments as an officer will be subject to a Police Check (i.e. Police Certificate, Police Criminal Record Check, or Police Clearance Certificate) from the candidate’s country of origin. Where a candidate as a public officer has criminal convictions, their appointment will be at the discretion of the Governor. Where a candidate as an employee has criminal convictions, their appointment will be at the discretion of the Director, Human Resources.

3.4.6 The appointment of an external candidate will be subject to sighting of original qualifications and licences, including the candidates’s birth certificate. Copies of all documents sighted will be put on the personnel file in the Human Resources Directorate.

3.4.7 The appointment of an external candidate will also be subject to satisfactory employment references. If the candidate has not previously been in employment then at least one reference must be from the school or college he or she last attended. If the candidate has been in employment then at least one reference must be from his or her last employer.

3.4.8 The effective date of an appointment is the date on which an officer commences the duties of the post. In the case of an officer from overseas, service will begin on the date of arrival in the Islands.

3.4.9 An officer who was dismissed from the Public Service, will not be re-employed in any capacity without approval by the Director, Human Resources.

3.4.10 An officer who has retired from the Public Service may only be re-appointed with the approval of the Director, Human Resources when the appointment is: • on temporary terms or a fixed term contract; • not prejudicing the prospects of serving public officers; • filling a vacancy that cannot be otherwise readily filled; and • of a retired officer who is medically fit for the post.

3.4.11 An officer who took redundancy may be reappointed only in terms of the redundancy agreement.

3.4.12 The previous service of an officer who has left the Public Service and who is subsequently reappointed will not be taken into account on his or her re-appointment for the purposes of benefits related to length of service.

18

Public Service Handbook 2012 3.4.13 On appointment to the Public Service every officer will be required to take an oath or affirmation prescribed by the Ordinance.

3.4.14 Senior appointments will require the officer to undergo the Persons in Public Life Integrity Check, and clearance of the check is a condition of appointment. This will be advised in the letter of appointment. Senior appointments include: • Deputy Governor • Permanent Secretaries • Deputy Secretaries • Heads of Departments • Deputy Heads of Departments • Directors • Deputy Directors.

Further, once employed, persons appointed to these posts will need to file declarations in accordance with the Integrity Commission Ordinance.

3.4.15 The delegated manager will ensure that a newly appointed officer undergoes a formal induction process to their department and to their job within their first month. The delegated manager will also ensure that the newly appointed officer has clearly agreed performance objectives in writing for the probationary period.

3.5 Probation 3.5.1 All first appointments as a public officer will be on probation. The probationary period will be six months and in accordance with the provisions in Section 40 of the Ordinance. In extraordinary circumstances, the probationary period may be extended for a further period of up to six months.

3.5.2 Delegated managers will closely supervise and support officers on probation. They will appraise performance and provide feedback to officers on a regular basis. One month before the end of the probationary period, the delegated manager will submit a report to the Human Resources Directorate and recommend one of the following: • that the officer be confirmed in the appointment; • that the officer's service be terminated.

The Director, Human Resources, either will approve the recommendation or request further information from the delegated manager. In rare situations, a probationary period may be recommended for further extension due to extenuating circumstances, such as the officer was absent from duty due to illness for an extended time during probation.

19

Public Service Handbook 2012 3.5.3 Where a recommendation is made for the termination of an officer’s appointment, the delegated manager will undertake the procedures for termination as outlined in Section 64 of the Ordinance and Chapter 7 of this Handbook.

3.5.4 An officer on probation will be advised officially of the outcome of their probationary period by the Human Resources Directorate.

3.6 Promotion 3.6.1 Generally, promotion opportunities are provided through the advertising of posts available within the Public Service and through a merit selection process. In considering the eligibility for selection of officers for promotion, the Selection Panel will take into account their merit and ability, together with their relative efficiency and, in the event of an equality of two or more officers, will give consideration to the relative seniority of the officers applying for promotion to the vacancy.

Applicants for promotion may be asked to provide copies of reports on their performance.

3.6.2 The effective date of a promotion will be the date upon which the officer assumes the duties of the higher post provided that: • the higher post will be deemed to fall vacant on the date the previous holder vacates the post or proceeds on leave pending retirement from the Public Service; • if the officer is, for duty reasons, prevented from assuming the higher post on the date on which it becomes vacant, the promotion will be effective from the date of vacancy.

3.7 Acting Appointments 3.7.1 A Permanent Secretary may approve an officer to act in a post where that officer can satisfactorily perform the duties. An officer so acting will perform the duties and responsibilities of the post as per the Job Description. An acting appointment will not automatically be made because a post is vacant or the incumbent is unable to perform his or her duties. In making an acting appointment, the Permanent Secretary will consider: • the length of time that the post will be vacant; • whether there are requirements of the post such as the exercise of statutory functions; • whether an officer from another Ministry or Department at the same level or next in line of seniority could be transferred to act in the post; • the grading of suitable candidates; • providing fair and equitable access to acting posts as a development opportunity; • all suitable candidates regardless or not of whether they have acted previously; • if an Acting Allowance is to be paid where conditions are met.

20

Public Service Handbook 2012 3.7.2 The Permanent Secretary will advise the Human Resources Directorate of the acting appointment, preferably one month before the acting appointment is due to commence.

3.7.3 An Acting Allowance will be approved in advance by the Permanent Secretary when: • there is sufficient provision in the emoluments provisions in the Annual Estimates; • the officer acting will undertake the full range of duties of the post; • the duration for the acting appointment is at least 28 calendar days; • the proposed candidate meets the minimum requirements for the post; and • where professional or industry standards apply, the proposed candidate meets those standards at the minimum level.

The Acting Allowance will be calculated as follows: • the difference between the officer's substantive salary and the minimum salary of the acting post, unless • the officer's substantive salary exceeds the minimum salary of the acting post, then the first incremental point immediately in excess of the officer's substantive salary.

The Acting Allowance is not payable when an officer is on annual leave.

Where subsistence or transport allowances apply, the officer will be eligible at the level of the post being acted in.

3.7.4 In the case of an acting appointment for an undefined period, delegated managers will ensure that the date on which the officer finishes the acting appointment is reported to the Human Resources Directorate promptly.

3.7.5 Generally acting appointments will not be made for more than six months duration.

3.8 Graduates Returning to the Islands after Study Scholarships 3.8.1 The Government is committed to supporting citizens of the Islands who have completed a course of study through a national scholarship arrangement by providing opportunities for appointment to a vacant post on their return. The Human Resources Directorate will attempt to allocate graduates to a relevant vacancy, however, there is not always a direct match between the area of study and the vacancy. In certain circumstances there may be a selection process where there are a greater number of graduates eligible for a smaller number of vacancies. In cases where there are no relevant vacancies, the graduates may be placed in a vacancy in a private sector company.

21

Public Service Handbook 2012 3.8.2 Appointments made under this Paragraph 3.8 will be made in accordance with the Scholarship Bond Agreement in place at the time.

3.8.3 A graduate appointed to a vacancy must complete the required period of employment as specified in the conditions in the relevant Scholarship Bond Agreement. Where a graduate does not complete this period, the Human Resources Directorate will advise the relevant department in the Ministry of Finance about the breach of the agreement. The Ministry of Finance will take action to recover the debt to the government in accordance with the agreement.

3.9 Secondment 3.9.1 Where an officer is required temporarily for duty with another employer with the intention of reverting to his or her substantive post at a later date, he or she may be seconded for duty by the Permanent Secretary. The secondment will meet the conditions as prescribed under Sections 53 and 54 of the Ordinance.

3.9.2 During their secondment the officer will continue to be a public officer, up to a period of two years from the original date of the secondment. After the two year period, unless approved for a further year by the Governor in exceptional circumstances, the officer must either return to the Public Service or resign his or her post. If the officer resigns, he or she is entitled to the benefits and payments that would ordinarily be due to them had they satisfactorily ended their employment with the Public Service at this date.

3.9.3 A period of secondment will be considered as continuous service.

3.10 Transfer 3.10.1 All officers are liable for transfer to any post of equivalent grade in the Islands for which they are qualified. Additionally, all officers are appointed on the understanding that they may be required to serve in any post within their own cadre within the Islands. An officer who wishes to be considered for a transfer to another Ministry will submit his or her application to the Human Resources Directorate through his or her unit manager and Permanent Secretary who will forward it with their comments within 7 days.

3.10.2 Subject to the other provisions of this Handbook a transfer of an officer not involving any change in terms and conditions of service may be made: • by the Permanent Secretary if the transfer is within his or her Ministry and any Department of that Ministry; 22

Public Service Handbook 2012 • •

by the Department Head if the transfer is within a Department; or by the Director, Human Resources if the transfer is between Ministries.

The delegated manager will advise the Human Resources Directorate of the transfer.

3.11 Contracts of Employment 3.11.1 Appointments on contract terms will be in accordance with the applicable contract form as determined by the Director, Human Resources from time to time. A contract of employment will be signed by all parties as part of the offer process and before any relocation processes are started. The signed contract of employment will be kept on the personnel file of the officer.

3.11.2 The following provisions will apply to an appointment by contract: • generally contracts will be for 24 months although a contract may be for any number of months related to the needs and the funding available in Estimates; • in the case of overseas officers, the contract will be for at least 12 months service, except for teachers who will be contracted for two academic years; • in the case of teachers, contracts will finish at the end of the term; • officers, except for teachers, must take their vacation leave accrued before the expiry of the contract; • where vacation leave has accrued but is not taken before the end of the contract, except for teachers it will be forfeited.

3.11.3 The standard form of contract is arranged so that the officer will give 6 months notice whether he or she wishes to continue in the Public Service and the Permanent Secretary will decide whether employment will be continued on terms mutually agreed. Where no such notice is given it is assumed that the officer wishes to terminate the contract at its expiry.

3.11.4 When the officer wishes to continue and the Permanent Secretary supports the application, the delegated manager will proceed in accordance with the procedure for filling vacant posts.

3.11.5 When the contract of an officer is not to be renewed, the delegated manager should advise the officer at as early a date as possible. In all cases, there will be notice in writing at or before the contract notice period.

3.12 Gazette Notices 3.12.1 The Human Resources Directorate will publish the following in the Gazette: • appointments on probation, contract, promotion, transfer or secondment of public officers for Heads of Department and above; 23

Public Service Handbook 2012 • • •

acting appointments and relinquishing of acting appointments of public officers for Heads of Department and above; retirements, resignations, dismissals or termination of appointments for any reason for Heads of Department and above; and obituaries.

24

Public Service Handbook 2012

CHAPTER FOUR - MANAGING STAFFING Part III of the Public Service Ordinance 2012 applies to this Chapter.

4.1 Staffing Records and Documentation 4.1.1 There will be an official personnel file for each officer that is maintained in the Human Resources Directorate. This may be in hard copy or electronic format.

4.1.2 Ministries and Departments may keep their own files for staff, however, this will not be the official file. Permanent Secretaries and delegated managers will ensure that any official staffing documentation, including but not limited to the following, will be provided to the Human Resources Directorate for the official personnel file, and the Human Resources Directorate will ensure that official personnel files are kept up to date: • Letters of offer • Job descriptions • Contracts of employment • Probationary period reports • Officer salary and grading matters • Performance appraisal reports • Disciplinary matter reports • Leave records • Injury or disease matters • Resignation letters • Termination letters.

4.1.3 Delegated managers will ensure that leave forms and sickness records are completed and returned to Human Resource Directorate as appropriate.

4.1.4 All officers will have access to their personnel records maintained either in the Human Resources Directorate or their Ministry/Department and may be permitted to take copies of such records.

4.2 Performance Appraisal

25

Public Service Handbook 2012 4.2.1 All Permanent Secretaries, delegated managers, officers will undertake performance planning and appraisal activities in accordance with the policy in Appendix 5.

4.2.2 In general, a Permanent Secretary or delegated manager will: • ensure that the job descriptions of all officers who report to him or her are up to date and accurate; • assist officers who report to him or her to improve their job performance; • identify and agree work plans and annual performance objectives with each officer who reports to him or her; • support officers who report to him or her in the performance of their duties; • provide fair, objective and evidence-based feedback to officers who report to him or her on performance of their duties; • assist officers to identify training and development needs and ways to meet those needs with limited resources • provide the Human Resources Directorate with a copy of required documentation by the relevant deadlines.

4.2.3 An officer who is aggrieved by their performance appraisal report will use the grievance procedure as described in Paragraph 6.2.

4.3 Training and Development 4.3.1 All Permanent Secretaries, delegated managers, officers will undertake training and development activities in accordance with the policy in Appendix 6.

4.3.2 In general, Permanent Secretaries and delegated managers will: • identify priority training and development needs based on business imperatives • use the core competencies framework to review core skill capability • support all officers in identifying personal skill development needs and in their training and development efforts • support coaching and on-the-job training efforts to enhance skill levels • manage training budgets in their own departments to ensure that training efforts are related to priority needs and otherwise in a fair and balanced manner.

4.4 Succession Planning 4.4.1 Delegated managers will be mindful of developing officers for potential opportunities to move into the next steps in the career path. Practices such as, but not limited to, those listed below can be used to assist staff to prepare for roles of greater responsibility in the future: 26

Public Service Handbook 2012 • • • • • •

assignments to special projects shadowing or buddying opportunities acting up opportunities whether paid or not assignments as team or project co-ordinator roles training and development activities transfers at the same level.

4.4.2 In particular Permanent Secretaries and delegated managers will consider succession plans for senior officer posts and posts where an officer will be retiring within the next two years so that a pool of talent can be developed where there are officers with relevant skills and knowledge ready to apply for the vacant post when it occurs.

4.4.3 Where overseas contract officers or advisors are in place, it is good practice to nominate one or more counterparts if the nominated officers are available and able to undertake activities such as, but not limited to: • shadowing the contract officer/advisor • attending meetings and other forums with the contract officer/advisor • assist with projects under close supervision of the contract officer/advisor • receive and act on constructive feedback.

4.4.4 Succession planning activities are subject to funding availability. The regular processes for merit appointments apply when a vacancy arises.

4.5 Equality 4.5.1 Officers must not discriminate against another officer or a member of the public in the performance of their duties.

4.5.2 The grounds for discrimination are set out in the Equality Ordinance 2012 and include: • age • disability • marriage • political opinion • race • religion or belief • sex • sexual orientation.

4.5.3 In particular, delegated managers should be aware of their responsibilities under the Equality Ordinance when making decisions that affect staff and members of the public.

27

Public Service Handbook 2012

CHAPTER FIVE - DISCIPLINE Part VI of the Public Service Ordinance 2012 applies to this Chapter.

5.1 General 5.1.1 The powers vested in the Governor by the Constitution to exercise disciplinary control over officers are delegated in accordance with the Public Service (Delegation of Power) Regulations 2012.

The procedures and processes for disciplinary action are detailed in the Public Service Ordinance and officers should be familiar with those provisions. Permanent Secretaries and delegated managers must ensure that they conduct any disciplinary matters in accordance with the requirements under the Ordinance. The provisions of this Chapter are intended to be supplementary to the provisions in the Ordinance.

5.1.2 The initial purpose of disciplinary action is to help officers to correct inappropriate behaviour or poor performance and to become valued members of the Public Service. Where this proves impossible the purpose of disciplinary action is to dismiss officers who do not meet required standards.

5.1.3 The Ministry will keep records of all disciplinary procedures, action taken and warnings given.

The delegated manager will ensure that a copy of records are sent to the Human Resources Directorate for the official personnel file. An officer will be entitled to free copies of or access to any documentary evidence which is to be used in a disciplinary procedure.

5.2 Summary of the Disciplinary Process

5.2.1 A summary of the disciplinary process is shown in the flow chart below:

28

Public Service Handbook 2012

29

Public Service Handbook 2012 D.M. calls for investigation by senior officer; D.M. may suspend officer on pay Investigation: interview of other persons with relevant info Investigation Report (+ evidence and documents) D.M. is there alleged mis-conduct?

Alleged minor misconduct –warning likely

D.M. appoints Tribunal (1 member) D.M. appoints Tribunal (PS/HoD + 2 others) D.M. considers interdiction on ½ salary D.M. considers interdiction on ½ salary End of matter No Alleged gross misconduct s.73 (1) (b) (d) (f) (g) (i) (j) (l) (m) (n) (o) Alleged gross misconduct or second warning

D.M. hears representations from officer Summarily dismiss officer?

No Yes Yes Yes Yes

30

Public Service Handbook 2012

31

Public Service Handbook 2012

32

Public Service Handbook 2012

33

Public Service Handbook 2012

5.2.2 Permanent Secretaries and delegated managers will ensure that written warnings contain guidance for the Officer in respect of the standards of conduct and performance that are considered acceptable, and where appropriate, details of what the Officer should do to reform. A template for a written warning is provided in Appendix 4.

34

Public Service Handbook 2012 CHAPTER SIX - GRIEVANCES 6.1 General 6.1.1 The grievance procedure is designed to allow an officer to raise issues of personal concern about their employment in the Public Service and to have those concerns quickly considered and addressed.

Not every issue will be resolved, but where an issue cannot be resolved to the satisfaction of an officer, an understandable explanation of why that issue cannot be resolved will be provided. A grievance is not an official appeal which should be made in accordance with Part VII of the Ordinance.

6.1.2 An officer will continue to perform his or her regular duties pending the resolution of a particular grievance. The existence of a grievance does not excuse an officer from performing their duties or conducting themselves in accordance with all requirements under the Ordinance and this Handbook. The only exception to this rule applies to officers who have been suspended in accordance with provisions under the Ordinance.

6.2 Grievance Procedure 6.2.1 An officer may first raise any grievance with his or her Unit Manager. The focus at this level is on informal discussion and conciliation. In seeking to resolve the grievance, the parties will discuss the situation and options for resolution.

6.2.2 If the matter is not satisfactorily resolved within 14 days then the officer may take the matter up, in writing, with the Head of Department. The Head of Department will carefully consider the grievance, and taking such advice as may be necessary, communicate his or her decision about the matter to the officer in writing within 14 days. The focus at this level is again on conciliation and the Head of Department may: • discuss the reasons why the grievance could not be resolved at the first level; • discuss the facts related to the grievance; • discuss with the parties options for resolution; and • try to come to agreement on a course of action.

6.2.3 If the Head of Department cannot resolve the issue to the satisfaction of the officer, then he or she may raise it, in writing, with the Permanent Secretary. The Permanent Secretary will carefully consider the grievance, and taking such advice as may be necessary, communicate his or her decision about the matter to the officer in writing within 28 days. The focus at this level is on moderation and reaching an outcome. In doing this the Permanent Secretary may: 35

Public Service Handbook 2012 • • • •

consider the nature and scope of the grievance; provide parties with the opportunity to submit any relevant documentation and to represent their concerns; consider the relevant standards and rules, where relevant; and try to come to an agreement on a course of action or resolution to the grievance.

Except in cases of appeals against decisions as permitted under the Ordinance and this Handbook, then this stage will be the final one and in using the procedure the officer accepts that the lawful decision of the Permanent Secretary is binding.

6.2.4 At any stage an officer may raise the matter with the Director, Human Resources or another officer in the Human Resources Directorate.

6.2.5 At each and every stage of this procedure an officer is entitled to receive courteous and timely consideration of the grievance and can expect to discuss his or her grievance in private, and in a professional manner.

6.2.6 Officers are entitled to have a support person of their own choosing at every stage of this procedure. An officer may take legal advice on any personal matter but may not involve direct legal representation at any stage of this grievance procedure.

6.2.7 Where a grievance affects a group of officers then it may be more appropriate for one of the officers concerned to volunteer to take the grievance forward on behalf of his or her colleagues. In this case an officer raising such a grievance will make this clear in taking the grievance forward at every stage and will specify the extent that the grievance applies to other officers. Nothing in this Handbook prevents the Civil Service Association from raising issues of common concern with the management of the Public Service.

(Note: The Complaints Commissioner does not take grievances from public servants that relate to their employment or management in the Public Service. The Complaints Commissioner is set up to deal with complaints from members of the public who claim to have sustained injustice in consequence of maladministration.)

36

Public Service Handbook 2012 CHAPTER SEVEN - TERMINATION OF APPOINTMENT Part VI of the Public Service Ordinance 2012 applies to this Chapter.

7.1 General 7.1.1 The powers vested in the Governor by the Constitution to remove officers are delegated in accordance with the Public Service (Delegation of Power) Regulations 2012. The procedures and processes for termination are detailed in the Public Service Ordinance from Sections 55 to 65 and from Sections 78 to 80, and officers should be familiar with those provisions. Permanent Secretaries and delegated managers must ensure that they comply with the requirements under the Ordinance.

In particular, officers will only be terminated in accordance with either Section 56 or Section 57 under the Ordinance. The provisions of this Chapter are intended to be supplementary to the provisions in the Ordinance.

7.1.2 In accordance with Paragraphs 9.2.10 to 9.2.14, an officer will be paid accrued leave owed at the date of termination, except if they are terminated: • as a consequence of disciplinary proceedings; • without giving the required notice period; • during the probationary period; or • for non-performance of their duties.

This does not include officers on contract who are required to take accrued leave before the expiry of their contract.

7.2 Resignation Requirements 7.2.1 A public officer may resign his or her continuing appointment after giving not less than three months notice in writing, exclusive of leave, to the Permanent Secretary. Instead of giving due notice, the public officer may pay to the Public Service one months salary in lieu of notice.

7.2.2 An employee may resign his or her continuing appointment after giving not less than two weeks notice in writing, exclusive of leave, to the Permanent Secretary. Instead of giving due notice, the employee may pay to the Public Service two weeks salary in lieu of notice.

7.2.3 An officer appointed on a contract of employment may resign his or her appointment only in accordance with the terms of the contract or letter of appointment.

37

Public Service Handbook 2012 7.2.4 All resignations will be reported immediately to the Human Resources Directorate.

7.2.5 A resignation is effective when it is in writing and accepted by the Permanent Secretary and the Director, Human Resources.

7.3 Retirement 7.3.1 On a six monthly basis, the Human Resources Directorate will call for notifications of officers who will be retiring in the subsequent year.

7.3.2 An officer’s retirement will be at the age specified in the Ordinance. In exceptional circumstances where a request for extension is made, approval by the Permanent Secretary and the Director, Human Resources will need to given at least two months before the retirement is due. Such extensions will be based on the nature of the circumstances and will be time limited.

7.3.3 The Permanent Secretaries and Director, Human Resources will host a ceremony for those officers retiring from the Public Service which provides recognition for contribution of services to the public.

7.4 Post Abolished 7.4.1 Where a post is to be abolished, the delegated manager will act in accordance with Section 63 of the Ordinance. Proposals for a post(s) to be abolished will be made by the Permanent Secretary to the Deputy Governor for his approval.

7.5 Terminal Benefits 7.5.1 All terminal benefits will be calculated by the Treasury Unit in the Ministry of Finance on the basis of the officer's record of service prepared by the Human Resources Directorate as soon as a decision has been taken regarding an officer's resignation or retirement. The form will be prepared by the Accountant General and submitted with all necessary supporting documents attached to the Chief Auditor. Where possible, final monies will be paid on the next pay day after the last day of service of an officer. Where the officer is eligible for a government pension, the approval of the Governor is necessary.

7.5.2 In cases where it is not possible to locate the necessary records of an officer's service, a notarised affidavit or affidavits should be submitted by one or more reliable persons attesting to the dates and continuity of service. The status of the declarant should be stated and he or she should also give the source of his or her knowledge of the facts given in the affidavit.

38

Public Service Handbook 2012 7.5.3 In cases where the official birth certificate is not on the personnel file, the officer will furnish their birth certificate as evidence of his or her age. Where this is not possible a statutory declaration by the officer or any other reliable person may be submitted.

7.5.4 In the event of the death of a serving officer, the delegated manager will be responsible for ensuring that prompt notice is given to the Human Resources Directorate.

7.6 Contract Officers 7.6.1 Where a Permanent Secretary or delegated manager believes that a contract of employment should be terminated before the expiry of that contract, he or she will report the matter to the Director, Human Resources, together with the reasons for such action, and the Director, Human Resources after considering the full situation and implications will decide whether such action should be taken.

7.6.2 Where an officer who is on contract will have his or her service terminated at the end of the contract period, it will be in accordance with the terms of his or her contract.

7.7 Record of Service 7.7.1 An officer on leaving the Public Service may obtain a certificate of service, issued through the Human Resources Directorate. The purpose of the certificate is to confirm the officer's service including the post last held, commencement and length of service, and comments as regarding the officer's performance and conduct.

7.7.2 All Permanent Secretaries, delegated managers, public officers will refer any requests for references to the Human Resources Directorate.

7.8 Exit Requirements 7.8.1 Delegated managers will ensure that any officer exiting the Public Service will: • forward advice of termination to Human Resources Directorate • forward advice of termination to IT unit • return keys or other security devices • return all equipment, including vehicles and keys, in the officer’s possession • handover all business files and records.

39

Public Service Handbook 2012 CHAPTER EIGHT - REMUNERATION 8.1 Salaries 8.1.1 The grades and salaries applicable to officers in the Public Service are given in Appendix 7.

Each post in the Public Service will be graded according to the Grading policy in Appendix 8.

8.1.2 The grade for each post will be detailed in the Annual Estimates. Salary can only be paid to an officer appointed to a post where provision for that salary has been made in the Annual Estimates.

8.1.3 An officer will receive the salary of the post from their starting date.

8.1.4 Except with the authority of the Permanent Secretary or Deputy Governor, salary will not be paid to an officer in respect of any period during which he or she has been absent without permission.

8.1.5 An officer who is proceeding on vacation leave outside the Islands may receive, prior to leaving, his or her salary for the whole period in which he or she leaves the Islands. A request for payment in advance must be completed, approved and lodged by the relevant deadline.

8.1.6 Monthly salaries will normally be paid before the last day of the month. Other salaries will be paid according to the fortnightly schedule. Salaries are paid into a bank account.

8.2 Overpayments or Underpayments 8.2.1 If an error should occur in the administration of this Handbook or other Government Regulations, an officer will not gain or lose from it. Any overpayment made to an officer from public funds will be recovered by Government, after due enquiry, by deductions from an officer's salary over a reasonable period of time. The provisions of the Public Financial Management Ordinance 2012 regarding surcharges apply to all officers.

8.2.2 Subject to Paragraph 8.2.3, any underpayment by the Public Service to an officer will be made good to the officer.

8.2.3 An officer cannot make a claim for underpayment unless the claim is lodged within six months of the event giving rise to claim and appropriate documentary evidence of the eligibility of the claim is provided.

40

Public Service Handbook 2012 8.3 Increments 8.3.1 Where the salary of any post is in an incremental scale, an officer will be appointed at an incremental scale reflecting their experience and qualifications.

8.3.2 Where an officer is promoted to an Office carrying an incremental scale and his or her salary before promotion was less than the new minimum point then the minimum point will be paid. Where the salary before promotion was greater than the new minimum point then the increment next above the old salary will be paid.

8.3.3 The payment of increments is according to the Increments policy in Appendix 9.

8.4 Working Hours and Overtime 8.4.1 The normal working hours for various groups of officers are outlined in Appendix 10.

Delegated managers will arrange an officer's work so that he or she does not work more than the required number of hours each week.

The normal working hours of officers will not exceed 44 hours a week. Every officer is entitled to a at least 1 full day of rest each week and the rest day must be taken. Except for emergencies or exceptional pressures of work, a public officer will not be required to work more than 12 hours in any 24 hour period, or to work more than 72 hours in any week.

8.4.2 Approved overtime will be at the following rates: On a public holiday: At all other times:

Double time One and a half time

8.4.3 Overtime will be either a payment for additional hours worked or time in lieu at overtime rates. Overtime must be approved by the delegated manager and Permanent Secretary in advance of it being worked.

8.4.4 Generally officers at the level of Unit Manager and above are not eligible for overtime. In exceptional circumstances the Permanent Secretary may approve overtime for Unit Managers, and in certain circumstances the payment of an agreed amount of overtime may be approved by the Permanent Secretary (Finance).

8.4.5 Officers will be paid for overtime only where there is financial provision available within the Ministry’s budget.

8.4.6 Overtime arrangements may change at any time without notice and officers cannot rely on overtime arrangements to continue on a regular basis.

41

Public Service Handbook 2012 8.5 Allowances 8.5.1 In some circumstances, officers may be eligible for an allowance. Allowances payable and the requirements are detailed in Appendix 11.

8.6 Subsistence per diems 8.6.1 Subsistence per diems are set to meet additional expenditure which an officer travelling on duty away from home will incur over and above the expenses that he or she would normally incur at home. Subsistence per diems are provided in Appendix 12. Different rates apply, depending on location; on whether the travelling involves an overnight stay or a day rate where travelling involves more than 6 hours in any day.

8.6.2 An officer will submit any claims to the delegated manager for certification, including receipts and bills. Delegated managers will satisfy themselves that details of the claim are correct, and that the journey was approved.

8.6.3 When an officer has, with the approval of the Deputy Governor, to accommodate another officer or an official guest of Government, he or she will receive a per diem as set out in Appendix 12 for every night the guest stays in his or her house.

8.6.4 Officers may only claim the overnight per diem for complete periods of 24 hours. If an officer is travelling on duty and a daily subsistence per diem is provided by any other Government or agency, the officer will not be eligible for a subsistence per diem, except where the other subsistence per diem is less than that provided in Appendix 12 the officer may claim the difference. Where an officer is a guest of a host Government or agency and is not called upon to meet charges for accommodation and meals, he or she may not claim subsistence per diem. Where the passage charges include accommodation or meals, the officer may not claim subsistence per diem.

8.6.5 Officers who attend courses of training or study or who travel for medical purposes outside the Islands will not be eligible to receive subsistence per diem.

8.6.6 When an officer while on leave abroad, is required to undertake official dudes in the country in which he or she is spending his or her leave, the officer will be eligible to receive subsistence per diem and his or her location for leave will be considered as the home base.

8.7 Travel expenses for appointment 8.7.1 An officer who is recruited from overseas may be eligible for payment of travel expenses on first appointment and on completion of contract. Travel expenses may be also paid for a spouse and 42

Public Service Handbook 2012 up to two children under the age of 16 years. The Permanent Secretary will approve the appropriate routes and estimated costs before any travel is booked or taken.

8.7.2 The spouse and children may travel in advance of the officer at the end of contract or follow the officer at the start, provided that this is not more than three months before the end and not more than three months after the start of the contract.

8.7.3 Where the officer for any reason does not complete his or her contract, except for the death of the officer, he or she will be liable to repay the whole or part of the cost of the travel expenses and all related baggage and other charges as the Permanent Secretary will determine.

8.7.4 Allowances for baggage and the shipment of personal effects to be paid on first Appointment and at the completion of a Contract are given at Appendix 11.

8.7.5 Hotel accommodation subsistence allowance is payable to an Overseas officer on first arrival at the rates set out in Appendix 11. The delegated manager will support and assist the officer in finding suitable accommodation and will identify suitable accommodation before the officer’s arrival so that options are easily and quickly available and excess expenditure is minimised.

43

Public Service Handbook 2012 CHAPTER NINE - LEAVE 9.1 Management of Leave 9.1.1 Permanent secretaries and delegated managers are responsible for authorising and managing leave within their ministry/department. Delegated managers will be responsible for monitoring eligibility for leave.

9.1.2 As a general rule, a condition of granting leave is that the duties of the officer on leave will be satisfactorily performed in his or her absence and that no additional costs will arise as a result of that leave that is not provided for in the Annual Estimates.

9.1.3 The Permanent Secretary or Delegated Manager will forward the leave form, whether approved or not, and any supporting documentation to the Human Resources Directorate which will maintain the official leave record. In the event that an officer is denied requested leave, a leave form or other written document must clearly state the case, and it must be sent to the Human Resources Directorate.

9.1.4 All leave planned in advance, such as vacation and maternity leave, must be requested three months in advance. This allows managers to make arrangements for coverage of duties. Also sufficient time must be allowed for the recruitment of replacement officers where applicable and provided for in the Annual Estimates.

9.1.5 An officer who is absent from duty without approved leave is not entitled to salary during the absence. All such absences will be reported to the Director, Human Resources and the period of absence will be set off against any vacation leave eligibility. Where there is no leave eligibility, the officer’s salary will be deducted for the unauthorised absence.

9.1.6 An officer who would normally work on a public holiday is entitled to leave for that day.

Where an officer would not normally work on a public holiday, they are not entitled to leave for that day.

9.2 Vacation Leave 9.2.1 All officers are entitled to full vacation leave with pay on an annual basis after qualifying for such leave. The rates of vacation leave for which the various grades of officers are eligible are set out in Appendix 13. All vacation leave is granted subject to the convenience of the Public Service and at the discretion of the approving authority. The dates of taking vacation leave are fixed by agreement 44

Public Service Handbook 2012 between the delegated manager and the officer. Vacation leave may be broken and taken in more than one period each year subject to agreement between the delegated manager and the officer.

9.2.2 Officers may be permitted to take accrued vacation leave once they complete their probationary period.

9.2.3 Officers serving as teachers are deemed to have taken and exhausted their total leave entitlements during the school vacations as determined by the Director of Education from time to time.

9.2.4 Leave earned will be computed in working days and will commence from the working day after an officer has handed over his or her duties and end on the working day preceding that on which he or she would normally resume duty. Public holidays are not counted.

9.2.5 An officer seeking an extension of leave must apply to the Permanent Secretary or Delegated Manager in sufficient time for a decision on the application to be taken and communicated to him or her, at least usually 5 days before the expiry of the leave granted.

9.2.6 Where an officer is sick during the vacation leave, the amount of vacation leave remains as granted. Where an officer is sick after the period of authorised vacation leave, it will be treated as sick leave when medical certificates are provided.

9.2.7 An officer may be required by the Permanent Secretary or Delegated Manager to take vacation leave which is due to him or her.

9.2.8 The leave year for all officers eligible for vacation leave runs from I January to 31 December in each year. Officers who are not in service for a full year will be eligible for the relevant proportionate amount of leave. Vacation leave is earned during the period of vacation leave taken.

9.2.9 Officers should take their vacation leave within 6 months of it being due. Any balance up to a maximum of half the annual allocation may be accumulated. After the maximum accumulation is reached annual leave not taken will be forfeited. A delegated manager may not require an officer to forego their vacation leave.

9.2.10 An officer applying for leave with the intention of retiring may be granted, immediately prior to the effective date of his or her retirement, the accumulated leave for which he or she may be eligible.

9.2.11 An officer who resigns his or her appointment after giving the prescribed notice or because of ill health will be granted the accumulated leave for which he or she is eligible provided that: • the leave will not be included as part of the period of notice of termination of service; and 45

Public Service Handbook 2012 •

any officer who resigns and fails to give the requisite period of notice or who pays salary in lieu of notice, will forfeit any leave for which he or she may be eligible.

9.2.12 If any officer retires or resigns during his or her vacation leave without having given prior notice, the date at which payment of salary is to cease will be determined by the Director, Human Resources according to the circumstances of the case.

9.2.13 An officer who is dismissed for misconduct or leaves without giving the required notice will forfeit any leave for which he or she may be eligible.

9.2.14 In exceptional circumstances, the Director, Human Resources on the recommendation of the delegated manager may approve an advance of vacation leave which has not yet been accrued.

9.3 Sick Leave 9.3.1 After four weeks of service, an officer may be granted sick leave if he or she is ill or injured, provided that the illness or injury prevents him or her from carrying out his or her duties and was not caused by his or her own misconduct or negligence.

9.3.2 Sick leave of more than two consecutive working days will be approved only with the support of a medical certificate from a registered Medical Practitioner. Officers will be entitled to a total of 12 working days of sick leave not supported by a medical certificate during any period of 12 consecutive months.

9.3.3 All sick leave applications must be submitted within one week of the return to duty by the officer.

9.3.4 An officer may be granted sick leave on full salary up to a maximum period of six months in any period of twelve months which is supported by a medical certificate from a registered medical practitioner. Thereafter if necessary the entitlement is for a further six months in that same twelve month period on half salary, except that an officer must take their vacation leave first before the entitlement to half pay commences.

9.3.5 The Permanent Secrertary in consultation with the Director, Human Resources may require at any time for an officer to be examined by a registered medical practitioner approved by the Deputy Governor in respect of that officer’s illness or injury and his or her ability to satisfactorily perform duties.

9.3.6 The Permanent Secrertary in consultation with the Director, Human Resources may require an officer who has been on sick leave for a continuous period of three months, or who has been sporadically absent through sickness for a total period of three months in any twelve month period, 46

Public Service Handbook 2012 to submit for an examination or series of examinations by medical practitioner(s) approved by the Deputy Governor.

9.3.7 Where a medical practitioner(s) advises that it is unlikely that an officer will be able to return to duty in the foreseeable future the Director, Human Resources may decide to retire the officer on medical grounds or incapacity. In this case, the Director, Human Resources will undertake the procedures in Section 64 of the Public Service Ordinance.

9.3.8 Where an officer has been instructed to be examined by a medical practitioner, he or she must attend at the place and time advised or render himself or herself liable for disciplinary action.

9.3.9 Where an officer has received any National Insurance benefit for illness or injury, and has been entitled to salary payments, an amount equivalent to the benefit paid will be deducted from the officer’s salary. Delegated managers who receive forms from the insurance company for their signature must refer the form to the Human Resources Directorate.

9.3.10 The Governor, in his discretion, may grant sick leave on full pay in addition to any period of sick leave provided in this Handbook where, in his opinion, any officer is suffering from: (a) an injury sustained in the execution of his duties; or (b) an illness caused by or directly attributable to the nature of his duties.

9.3.11 An officer may be subject to disciplinary proceedings where there is evidence that he or she was not ill or injured during a period of sick leave claimed. In addition, the period of sick leave will be deducted from the vacation leave entitlement of the officer.

9.4 Maternity Leave 9.4.1 Permanent secretaries or delegated managers may grant maternity leave to officers who have successfully completed their probation period and at least one year of service. Maternity leave will be for a period of fourteen weeks full pay and thereafter on request and with the approval of the Permanent Secretary leave without pay for an additional period up to three months.

9.4.2 An officer who has not yet completed one year of service may be granted leave without pay for the purpose of a confinement for a period of up to fourteen weeks.

9.4.3 An officer may apply to take accrued vacation leave in addition to maternity leave.

9.4.4 In cases of complications arising from the pregnancy the officer is entitled to additional maternity leave of not more than 4 weeks before confinement. Maternity leave may be extended by the period elapsing between the presumed date of confinement and the actual date of confinement.

47

Public Service Handbook 2012 9.4.5 An officer who is the father of a child born to an officer may take up to 2 weeks of the leave granted to the mother, where the mother chooses that option. The father must show evidence that the mother agrees with this. The Human Resources Directorate will co-ordinate with different Ministries/Departments to ensure that a total of 14 weeks maternity leave is granted between the mother and the father.

9.4.6 Applications for maternity leave will be accompanied by a certificate from a registered Medical Practitioner confirming the pregnancy and identifying the expected date of confinement.

9.4.7 A Permanent Secretary or Head of Department may request an officer to produce a certificate from a medical practitioner showing that she is fit to return to work at the end of a period of maternity leave. Any additional absence caused by a delay in producing the medical certificate will be treated as sick leave.

9.5 Compassionate Leave 9.5.1 After four weeks of service, an officer is entitled to compassionate leave with pay of up to 3 days duration in the event of the death of his or her child, spouse, parent, foster parent, brother, sister, parentin-law, grandparent or co-habiting common law partner.

The Permanent Secretary may extend a period of compassionate leave with pay in exceptional circumstances after examining the merits of an individual case.

9.6 Special Leave 9.6.1 Permanent secretaries and delegated managers may grant special leave on grounds of urgent private affairs where they consider it justified and where the officer's leave entitlement is exhausted.

An applications from an officer should clearly state the reasons for the request. Special leave in this case would not normally exceed seven days per year, and only two sequential days at any one time.

Special leave cannot be combined with vacation leave.

9.6.2 Special leave, of not more than one month in any twelve month period, on full salary, may be granted by the Director, Human Resources, when an officer is: • selected by the proper authorities to represent the Islands or the West Indies either in a playing or administrative capacity in a recognised sporting event of international standing; or • a member of an organisation of international standing and has been selected to attend a gathering of a world-wide and international character; or in contact with an infectious disease, although not sick from it, on the recommendation of a registered Medical Practitioner; orto undertake an examination which is necessary for the officer’s career or profession in the Public Service; or

48

Public Service Handbook 2012 involved with other such activities which are seen to be beneficial to the the Public Service or Turks and Caicos Islands.

•

9.6.3

Special leave cannot be accumulated.

9.7 Study Leave 9.7.1 An officer may be granted study leave when the course of study or qualification meets the identified needs of the Public Service. An officer must: • have completed at least two years service; • show a record of satisfactory performance in the Public Service; • have no outstanding disciplinary actions; • be nominated to attend the course of study; • have clearly identified the course of study as a priority in their career progression goals; • show how the course of study meets an identified need of the Public Service; • be granted a bursary or scholarship or other award which covers the fees involved in undertaking the course of study; and • for courses of more than 90 days, complete the application for study leave at least 6 months before the commencement of the course.

Study leave will be granted by the Deputy Governor, on the recommendation of the Director, Human Resources and relevant Permanent Secretaries.

9.7.2 If the course of study for which study leave is granted is of a duration less than 90 days, the officer will be regarded as if he or she were on duty. If the period of the course is more than 90 days the officer will be required to utilise vacation leave for which he or she is eligible and may be granted study leave on full pay for one full year of the course and at half pay for the balance of the course.

9.7.3 A grant of study leave of more than 90 days will be subject to the execution of an agreement by the officer to undertake to remain in the Public Service for a prescribed period after the expiry of his or her leave. The period will be half the duration of study leave granted, with a minimum period of twelve months. The agreement may take the form of a bond in default of which the officer will be liable to repay to the Government all or part of any salary and benefits paid to him or her during the period of the leave as the Deputy Governor may prescribe.

9.7.4 An officer granted study leave will provide to the Human Resources Directorate at least six monthly a certificate from the appropriate authority with details of study progress. The continuing grant of study leave will be dependent on satisfactory progress. If an officer has failed a subject or unit in their course, they will be required to provide reasons why this is the case. Where progress is unsatisfactory, the Deputy Governor may cancel the remaining period of study leave and instruct the officer to return to duty.

49

Public Service Handbook 2012 9.8 Strike Leave and pay 9.8.1 An officer who is employed in services essential to the safety, health, national security and public order of the Islands is not permitted to engage in industrial action.

9.8.2 An officer who does not attend work due to a strike is liable to loss of pay for any day or portion of a day he or she is on strike, but will not be otherwise disadvantaged or disciplined. The service of an officer absent from work on strike will be treated as continuous service for the purpose of calculating any benefits in the Public Service. However an officer in an essential service mentioned in Paragraph 9.7.1 may face disciplinary action if he or she participates in a strike.

9.9 Miscellaneous Leave Provisions 9.9.1 Any leave for which an officer may have been eligible which is outstanding at the date of his or her death may be commuted for cash and paid to the officer's estate.

9.9.2 Leave granted on full or half pay counts as service qualifying for benefits.

9.9.3 Leave may be granted without pay for certain situations. Leave without pay must be approved by the Permanent Secretary. Leave without pay does not count as service for any benefits.

50

Public Service Handbook 2012 CHAPTER TEN - OTHER MANAGEMENT REQUIREMENTS 10.3 Managing Public Buildings 10.3.1 All government buildings and offices either owned or occupied by the Government will be maintained in accordance with the appropriate codes of practice. The Director of Estates will be responsible for the development, implementation and monitoring of all codes of practice related to estate management, including security of buildings. At a minimum annual inspections of buildings and grounds will be undertaken.

10.3.2 All Ministries will appoint Building Liaison Officers whose duties will be set out clearly in the Estate Management Manual. The Building Liaison Officer’s duties will include inspection of fire detection and firefighting equipment, hurricane preparedness, building inspections and issues related to health and safety of occupants.

10.3.3 The Public Service will comply with all national, regional and international obligations regarding access to buildings by disabled persons. The Estate Management Unit together with Building Liaison Officers will ensure that all buildings comply with recognised standards, within a reasonable period.

10.3.4 Building Liaison Officers will keep a register of all keys to buildings in his or her control and the officers will acknowledge the receipt of keys by signature in this register. Any loss of keys must be reported to the relevant Building Liaison Officer. In addition, the Director of Estates will ensure that sets of duplicate keys are maintained.

51