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Ethical conduct in Government

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WQ.41/2023

WRITTEN QUESTION TO THE CHAIR OF THE STATES EMPLOYMENT BOARD

BY DEPUTY M.R. SCOTT OF ST. BRELADE

QUESTION SUBMITTED ON MONDAY 6th FEBRUARY 2023

ANSWER TO BE TABLED ON MONDAY 13th FEBRUARY 2023

Question

"Further to the response to Written Question 3/2023, regarding standards of ethical conduct in Government, will the Chair –

  1. provide the definition of "accountability" used in drafting the response; and
  2. advise what specific activities are totally prohibited and would lead to the dismissal of a public sector employee and state whether any of the following are included in such prohibited activities –
  1. lying;
  2. violence;
  3. threats;
  4. abusive behaviour;
  5. offering promotions or advancing applications for paid public positions in return for sexualor other favours;
  6. accepting bribes or payment from any third party, outside of the acceptable gifts and hospitality policy;
  7. ignoring Conflicts of Interest;

(viii)  engaging in retaliatory actions against any citizen or any other public employee;

  1. discriminatory behaviour based on a person's age, gender, religion, race, disability status, sexual orientation, family relations;
  2. failing to keep safe the data of citizens or sharing that data without consent in breach of legal obligations;
  3. breaching confidentiality; and
  4. failing to undergo training in ethical standards during every yearof employment within the public sector orto meet a target number of hours of training ortopass independent testing on ethical standards?"

Answer

  1. In terms of a definition of accountability within the public service, all employees must take accountability for their own conduct, behaviours, and work, ensuring they:

adhere to the values and behaviours framework

take responsibility completing all mandatory training  

take responsibility for raising at early stages, concerns about their ability to undertake their work effectively or meet standards

respond to reasonable management requests and directions

use and comply with the formal policies and procedures issued on behalf of the States Employment Board

meet their contractual obligations in line with employment legislation

keep up to date with standards set by professional bodies and regulators

complete their induction to their role

participate in and contribute towards their annual appraisal/performance review

disclose to their line manager or through corporate systems anything that may impact on their role at work, including external issues such as legal action against them, investigations, convictions, or conflicts of interest.

Accountability is embedded within each policy to ensure each public servant referenced is clearly accountable and responsible for their performance in a specific area. The States Employment Board requires all public servants to be well led, effectively managed, and adequately skilled to undertake their duties efficiently and to a good standard.

  1. The original response still applies in respect of how these would be handled under the policy and procedure, and the disciplinary rules would apply. However, in the list provided allmay be considered asgross misconduct, for which dismissal is a potential outcome. Thisis subject to the severity of the incident and impact on the public service.