Letter - to Chief Minister re Chief Executive Recruitment - 8 June 2021

States Greffe: Scrutiny

Senator John Le Fondré Chief Minister  

By email

8th June 2021 Dear Chief Minister

Corporate Services Scrutiny Panel

People and Culture Review: Chief Executive Recruitment  

As part of the Terms of Reference for its People and Culture review (the Review') the Corporate Services Scrutiny Panel (the Panel') is considering the workplace culture including employee engagement and working environment within the Government of Jersey.

Whilst gathered evidence for its review the Panel noted employee views within the results of the Be Heard survey (the survey') implied very low levels of confidence in leadership particularly in relation to the scores surrounding "person leading the organisation".

The Panel recognises that every employee impacts the culture within the Government of Jersey but that it is widely acknowledged that leadership has by far the largest and most direct effect on the culture within the Public Sector. Leaders cultivate the foundations of culture and it has the collective responsibility to demonstrate the right beliefs of the Government of Jersey and reinforce behaviours that reflect those values.

Given the survey results and the importance of leadership it would appear imperative, to the Panel, that employees see that action and clear direction and commitment to workplace culture is made at the highest level.

It is for this reason, and the timings of the recruitment campaign for the Chief Executive, that the panel have concluded that it would be pertinent to share certain initial observations with you and relevant decision making bodies at this time to enable clarification on particular points to further inform its review.

Documentation Analysis

The Panel analysed the job description for the Chief Executive including the basic leadership requirements but were concerned that it had no emphasis on public steer and that it should provide a clear signal that the new Chief Executive will bring a different skill set, more suited to the current situation – a key thing to do when introducing change into an organisation. The Panel therefore enclose an amended job description to highlight specific areas which could be amended to address concerns for your consideration.

States Greffe | Morier House | St Helier | Jersey | JE1 1DD

T: +44 (0) 1534 441080 | Fax: +44 (0) 1534 441077 | E: statesgreffe@gov.je

Recruitment Timetable

The timetable which has been established for the recruitment of the permanent Chief Executive has raised various concerns for the Panel primarily on the fact that:

• Due to elections taking place in June 2022 there is a risk that a new CEO may be appointed by the current Government in order to meet certain objectives, only to be succeeded during the first 6 months in office by a new Government with different aims and objectives. In order to avoid a repeat of the previous recruitment process, the Panel would therefore recommend a delay until after the election of the next Council of Ministers. This would allow greater transparency with regards management style and certain objective setting. The importance of this concern is particularly relevant when considering the comments made in the former Chief Executive Performance Appraisal, which set a target for the second year in office to "Strengthen the relationship and rapport between himself and the Chief Minister."

• The C&AG report (R.88/2021) on the States Employment Board – follow up: Employment of the former Chief Executive highlighted that the States Employment Board ("SEB") had identified certain concerns about the original appointment process for the former Chief Executive and that at its meeting of 24th November 2020 the SEB had resolved that one member of the SEB and its independent HR adviser would undertake a review into those aspects. However, it appears from the C&AG report that the review has not commenced as there is no reference to it in subsequent minutes of the SEB, according to the C&AG Report, and the C&AG specifically recommends that "if any lessons are to be learnt from the previous appointment process, it is important for the review planned by the SEB to take place as a matter of urgency".

• The Council of Ministers commissioned a review of the Employment of States of Jersey Employees Law 2005 in 2019. The review is prioritised in the Strategic Policy, Planning and Performance business plan. This review includes amendments to clarify the functions of the Chief Executive/Head of the Public Service including the stewardship of the public sector. However this has yet to be debated and agreed by the States Assembly.

Prior to progressing further the Panel concludes that it is imperative to consider lessons learned, adapt practices and ensure that all employment matters are transparent and clear especially in relation to management and disciplinary matters for all parties. The Panel conclude that the adoption of this approach would increase the attraction, appointment, and retention of a suitably qualified permanent candidate.

Selection Process

In addition, the Panel concludes that the selection of the Chief Executive is an opportunity to increase public and employee confidence in the appointment process and therefore scrutiny should be involved in the selection process and review the decision-making processes to ensure they are clear, accessible and accountable.

States Greffe | Morier House | St Helier | Jersey | JE1 1DD

T: +44 (0) 1534 441080 | Fax: +44 (0) 1534 441077 | E: statesgreffe@gov.je

The Panel look forward to your response and would appreciate this being received by Monday 14th June 2021.

.  

Yours sincerely

Senator Kristina Moore

Chair, Corporate Services Scrutiny Panel cc:  States Employment Board

Jersey Appointments Commission Enclosure:  Updated Chief Executive Job Description

States Greffe | Morier House | St Helier | Jersey | JE1 1DD

T: +44 (0) 1534 441080 | Fax: +44 (0) 1534 441077 | E: statesgreffe@gov.je