Chief Executive to the Council of Ministers: open competition.

STATES OF JERSEY

CHIEF EXECUTIVE TO THE COUNCIL OF MINISTERS: OPEN COMPETITION

Lodged au Greffe on 3rd November 2015 by the Deputy of St. John

STATES GREFFE

2015   Price code: C  P.137

PROPOSITION

THE STATES are asked to decide whether they are of opinion

to request the States Employment Board to cancel the extension to the contract of employment of the Chief Executive Officer to the Council of Ministers with effect from 31st December 2015 (being the date on which the contract entered into  with  him  in July  2012  will  finish)  and  to  further  request  the  States Employment  Board  to  ensure  that  the  recruitment  for  the  post  of  Chief Executive Officer is subject to open and fair competition and complies with the standards set out within the Jersey Appointments Commission Guidance on Senior Recruitment.

DEPUTY OF ST. JOHN

REPORT

At the States sitting on 14th July 2015 the States approved "Draft Employment of States of Jersey Employees (Amendment No. 7) (Jersey) Regulations 201-" (P.60/2015) which enabled a change in the way that the Chief Executive Officer of the States of Jersey carries out their role. This particular amendment under the Employment of States of Jersey  Employees  (Amendment  No. 7)  (Jersey)  Regulations  2015  (R&O.81/2015) specifically, under Regulation 2, stated the following –

"2  Role of Chief Executive Officer

For Article 3(3) there shall be substituted the following paragraphs –

"(3)  As the Head of the Public Service, the Chief Executive Officer shall lead chief officers in –

1. the administration and general management of the public service; and
2. the implementation of corporate and strategic policies.

4. In so leading chief officers, the Chief Executive Officer shall have the power –

1. to  require  a  chief  officer  to  account  for  the  matters  in paragraph (3)(a) and (b), so far as the Ministerial department for which he or she is the chief officer is responsible for them; and
2. to direct a chief officer as to the duties to be undertaken by him or her in the course of his or her employment as a States' employee.

5. The powers in paragraph (4) –

1. do not override a chief officer's accountability under –

1. Article 26(6) of the States of Jersey Law 2005,
2. Article 38(1) of the Public Finances (Jersey) Law 2005, or
3. Article 10A of this Law; and

2. cannot be used to direct or seek to influence a chief officer –

1. in the discharge of a function delegated to him or her by a Minister, or
2. in the discharge of a function imposed on him or her by any enactment.

6. In this Article –

chief officer' means the senior States' employee in a Ministerial department;

Ministerial department' means an administration of the States for which a Minister is assigned responsibility.".".

This particular change was long awaited and was in agreement with previous Corporate Services Scrutiny Panel and Public Accounts Committee's requests in various reports identifying weaknesses in the structure of governance in the public sector.

On Tuesday 3rd May 2011, the Deputy Chief Minister advised the States of an interim position after the loss of the Chief Executive Officer with the intention of a full review and restructure of the role accepting that there were improvements to be made to the role.

The last time a full fair and open competition was enabled for this position was in 2003 before the beginning of Ministerial Government.

On 11th September 2012, Deputy J.A.N. Le Fondré of St. Lawrence asked a written question 1240/5(7050) of the Chief Minister regarding the post of Chief Executive (see Appendix).

Specifically under the Chief Executive Role Profile it is noted that this was only for a 3 year contract post during which time it is proposed to undertake a thorough review of the ministerial and managerial structures. The role and responsibilities of the Chief Executive will be redefined in the light of that review.

During this time the Jersey Appointments Commission has gone through many changes in not only membership but also its responsibilities under the Law. As an independent body they recognise the importance of the States being able to have trust in their processes and that all appointments are carried out in an open and fair manner.

In September I met with the States Employment Board to discuss this particular proposition and was advised that there would be issues contractually and the fact that there is no person to replace the current incumbent. Based on this premise and the fact that I had been raising the issue of this role with the Chief Minister since the PAC report on compromise agreements in 2012, I requested that he make a full statement to the States Assembly about what has happened and that the information provided in written answers were not in fact the case. He has so far failed to do this.

Financial and manpower implications

I consider that the cost could be up to £500,000 and I recommend this is paid either from contingency funding or the budget of the Chief Minister's Department (or with some funding from both).

APPENDIX 1240/5(7050)

WRITTEN QUESTION TO THE CHIEF MINISTER

BY DEPUTY J.A.N. LE FONDRÉ OF ST. LAWRENCE ANSWER TO BE TABLED ON TUESDAY 11th SEPTEMBER 2012

Question

Further to the recent announcement of the appointment of the new Chief Executive, would the Chief Minister provide the following information:

1. a  copy  of  the  job  description  under  which  the  successful  individual  was appointed;
2. a copy of the previous job description that was applicable when the earlier process of recruitment was performed in circa June 2011, which did not result in a successful appointment to the post;
3. details of the process followed in relation to the selection and appointment of the new Chief Executive, including the individuals (or positions thereof) involved in that process?

Answer

Both job descriptions requested are attached for information.

During March to June the Council of Ministers (CoM) and the States Employment Board (SEB) considered various options with regards to how the Chief Executive role for the States of Jersey should be filled. In considering the options both CoM and SEB were  cognisant  of  the  ongoing  Governmental  reform  agenda.  When  defining  the requirements of the role both CoM and SEB focused on the delivery of the Strategic Plan and the 7 strategic priorities, in particular the huge challenges the Civil Service faces in delivering this agenda, particularly the Reform of the Public Sector. A new Job Description was developed and circulated to CoM and SEB for comment. The previous recruitment process had led to the appointment of an Acting Chief Executive for a period of one year.

In June CoM selected a panel of three Ministers to take forward the recruitment of the Chief  Executive.  The  Jersey  Appointments  Commission  agreed  and  chaired  the recruitment process. The interview process took the form of an assessment of the competencies of the then Acting Chief Executive against those of the job description and against the States competency framework. The new role was approved by SEB in July and the contract for the Chief Executive was agreed and signed at the end of July.