2013 - TCI Yellow Pages
Transcription
2013 - TCI Yellow Pages
VOL. 164 NO. 40 SEPTEMBER 20, 2013 TABLE OF CONTENTS NOTICES Government Notices Pages: 461 – 464 LEGAL SUPPLEMENTS 624. Lost Land Certificate - ALMIRA LOUISE SMITH 625. Appointment of Presiding Justice – THOMAS SAUNDERS 626. Registration of Trade Marks Ordinance 2007 Pending Applications 627. Citation Notice – CRISPIN JOHN NEWTON 628. Renewal of Trade Marks 629. The Public Service Handbook (September 2013) 630. Acting Registrar General- BERNADETTE N. WILLIAMS Non-Official Notices Pages: 464 – 466 1. Ordinances Nil. 2. Legal Notices Nil. 3. Bills Nil. 461 THE GAZETTE SEPTEMBER 20, 2013 ________________________________________________________________________________ G.N. 624 REGISTERED LAND ORDINANCE, CAP 9.05 NOTICE LOST LAND CERTIFICATE TITLE NUMBER 10308/86 SECTION CENTRAL ISLAND GRAND TURK Whereas, ALMIRA LOUISE SMITH of Grand Turk has declared that the Land Certificate for the above mentioned title number(s) registered in his/her/their name was inadvertently mislaid and cannot be found. Take notice that I, Paul Madgwick, Registrar of Lands, shall issue a new land certificate for the said title six weeks of the date of the first publication of this Notice in a local newspaper and the Gazette. Dated this 6th day of September 2013 Signed: Witnessed: Registrar of Lands K. Gardiner _______________ G.N. 625 APPOINTMENT OF PRESIDING JUSTICE I, DAMIAN RODERIC TODD, Governor of the Islands in exercise of the powers conferred on me by section 5(2) of the Liquor Licensing Ordinance (Cap.19.11), appoint THOMAS SAUNDERS to be the Presiding Justice for Grand Turk for a period of one year with effect from 16th September 2013. Dated this 13th day of September 2013. DAMIAN RODERIC TODD GOVERNOR 462 THE GAZETTE SEPTEMBER 20, 2013 ________________________________________________________________________________ G. N. 626 REGISTRATION OF TRADE MARKS ORDINANCE 2007 PENDING APPLICATIONS Take Notice that any person wishing to oppose the Registration of any trade mark appearing in the list published as a Supplement to this Gazette may within one month from the date of this Gazette lodge with the Registrar of Trade Marks Office, Grand Turk a Notice of Opposition on Form T M 5 as prescribed by the Trade Marks Rules 1982. Such Notice should comply with Rule 42 of the said Rules and should be accompanied by the prescribed fee of $25.00. JOHN B. JAMES C.P.M. REGISTRAR OF TRADE MARKS AND PATENTS ____________ G. N. 627 IN THE SUPREME COURT TURKS AND CAICOS ISLANDS Probate and Administration PA 38/2009 Whereas CRISPIN JOHN NEWTON late of Grand Turk, Turks and Caicos Islands deceased, died Intestate, and whereas ERIC WHITFIELD SMITH and DAVID BARNABY NEWTON hath petitioned the Court for a grant of Letters of Administration to them upon the Estate of the said Deceased. These are therefore to cite and admonish all whom it may concern that they appear before me the Registrar of the said Court, on or before the 8th October 2013 to show cause why such Letters of Administration should not be granted. R D CHETWYND REGISTRAR SUPREME COURT 463 THE GAZETTE SEPTEMBER 20, 2013 ________________________________________________________________________________ G. N. 628 REGISTRATION OF TRADE MARKS ORDINANCE 1978 RENEWAL OF TRADE MARKS Notice is hereby given that the undermentioned Trademark is renewed at the Trademarks Registry on the 5th day of September, 2013. TRADEMARK NOS. 11933 11934 11935 DETAILS BODYSLIMMERS NANCY GANZ BODYSLIMMERS NANCY GANZ PROPRIETOR: WARNACO US., INC. Dated this 11th day of September, 2013 JOHN B. JAMES C.P.M. REGISTRAR OF TRADE MARKS & PATENTS ____________ G. N. 629 NOTICE PUBLIC SERVICE HANDBOOK Turks and Caicos Islands Public Service Handbook (September 2013) THIS NOTICE IS PUBLISHED AS A SUPPLEMENT TO THIS GAZETTE CLASS 25 25 25 464 THE GAZETTE SEPTEMBER 20, 2013 ________________________________________________________________________________ G. N. 630 APPOINTMENT OF ACTING REGISTRAR GENERAL I, SIGRID C. LIGHTBOUNE, Registrar General for the Turks and Caicos Islands in exercise of the powers conferred on me by section 6 (1) of the Recording of Deeds Ordinance (Cap 169) appoint BERNADETTE N. WILLIAMS to be Acting Registrar General for the Islands for the period beginning 23rd September, 2013 and ending not later than 21st October, 2013 or during such shorter or longer period as may actually occur. MADE this 19th day of September 2013. SIGRID LIGHTBOUNE REGISTRAR GENERAL _______________ NON-OFFICIAL NOTICES NOTICE IN THE MATTER OF THE REGISTERED LAND ORDINANCE AND IN THE MATTER OF A CHARGE REGISTERED OVER PARCEL 60719/193, CHESHIRE HALL AND RICHMOND HILLS, PROVIDENCIALES, TURKS & CAICOS ISLANDS. To: CHRISTOPHER MICHAEL WRIGHT C/O CERAMEX, 14 RUE RIGAUD PETION VILLE, HAITI PHONE: 5093-746-8867 THIS NOTICE IS PUBLISHED AS A SUPPLEMENT TO THIS GAZETTE 465 THE GAZETTE SEPTEMBER 20, 2013 ________________________________________________________________________________ NOTICE IN THE MATTER OF THE REGISTERED LAND ORDINANCE AND IN THE MATTER OF A CHARGE REGISTERED OVER PARCEL 60805/15/KS, THE BIGHT & THOMAS STUBBS, PROVIDENCIALES, TURKS & CAICOS ISLANDS. To: ALEJANDRO RIOS ROJAS AND GUILLERMINA FERNANDEZ ROMAN Providenciales Turks & Caicos Islands THIS NOTICE IS PUBLISHED AS A SUPPLEMENT TO THIS GAZETTE _______________ NOTICE IN THE MATTER OF THE REGISTERED LAND ORDINANCE AND IN THE MATTER OF A CHARGE REGISTERED OVER PARCEL 60900/287, LEEWARD GOING THROUGH, PROVIDENCIALES, TURKS & CAICOS ISLANDS. To: MARK ANDREW KNIGHTON AND JULIE MARGARET KNIGHTON Providenciales Turks & Caicos Islands THIS NOTICE IS PUBLISHED AS A SUPPLEMENT TO THIS GAZETTE 466 THE GAZETTE SEPTEMBER 20, 2013 ________________________________________________________________________________ CAICOSPIRIT HOUSE LIMITED (“the Company”) Notice is hereby given that at an Extraordinary General Meeting of the members of the company held in Boca Raton Florida on the 9th September 2013 at 10 a.m., the following resolutions were duly passed:Special resolution It was reported that notice of the meeting had been circulated to the shareholders to the effect that a special resolution will be passed that the Company be wound up voluntarily and that upon a motion duly made and seconded it was Resolved as a special resolution as follows:1. That the Company be wound up voluntarily. It is further Resolved as an ordinary resolution 2. That Laura A. Miller of P.O. Box 560, The Beatrice Butterfield Building, Butterfield Square, Providenciales, Turks and Caicos Islands be appointed Liquidator for the Purposes of winding up the Company. Dated the 12th September 2013 Laura A. Miller- Liquidator ________________________________________________________________________________ Printed at the Government Printing Office, Palm Grove, Grand Turk ________________________________________________________________________________ NOTICE IN THE MATTER OF THE REGISTERED LAND ORDINANCE AND IN THE MATTER OF A CHARGE REGISTERED OVER PARCEL 60805/15/KS, THE BIGHT & THOMAS STUBBS, PROVIDENCIALES, TURKS & CAICOS ISLANDS. To: Alejandro Rios Rojas and Guillermina Fernandez Roman Providenciales Turks & Caicos Islands Via Hand Delivery TAKE NOTICE THAT, you have failed to make the payments due as required under the above-mentioned Charge dated 1ih June 2008 within the time limit required under the terms of the Charge and the said default has continued for more than one month. Without prejudice to any earlier notice in respect of interest, Notice is hereby given that unless payment in full of all outstanding balances ofprinciple and interest is paid within three months ofthe date of service of this Notice upon you, the Chargee shall exercise all rights contained in the said Charge and under section 72 of the Registered Land Ordinance including, without prejudice to the generality of the foregoing, their right to appoint a Receiver and/or sell the Charged Property. For the avoidance of doubt as at 3rd September 2013 the outstanding sum of principal and all interest accrued thereon amounts to $474,507.65 representing principal of $456,326.65, interest of $19,016.00, additional fees and charges of $165.00 and continuing thereon at the per diem interest rate of 68.76. For queries related to this Notice please contact Scotiabank (Turks and Caicos) Limited Collections Department. Dated this 3rd day of September 2013 L-'-/\1'\\t.~{---- lo ~~J\.GJj\_j-"'k. MISICK and STANB~OK Attorneys for the Chargee NOTICE IN THE MATTER OF THE REGISTERED LAND ORDINANCE AND IN THE MATTER OF A CHARGE REGISTERED OVER PARCEL 60719/193, CHESHIRE HALL AND RICHMOND HILLS, PROVIDENCIALES, TURKS & CAICOS ISLANDS. To: Christopher Michael Wright C/o Ceramex 14 Rue Rigaud Petion Ville, Haiti Phone: 5093-746-8867 Via Hand Delivery TAKE NOTICE THAT, you have failed to make the payment due as required under the abovementioned Charge dated 261h June, 2009 and registered on the above mentioned Charged Property as instrument number 1462/09 at the Turks and Caicos Land Registry within the time limit required under the terms of the Charge and the said default has continued for more than one month. Without prejudice to any earlier notice in respect of interest, Notice is hereby given that unless payment in full of all outstanding balances of principle and interest is paid within three months of the date of service of this Notice upon you, the Chargee shall exercise all rights contained in the said Charge and under section 72 of the Registered Land Ordinance including, without prejudice to the generality of the foregoing, their right to appoint a Receiver and/or sell the Charged Property. For the avoidance of doubt as at 20th August 2013 the outstanding sum of principal and all interest accrued thereon amounts to $505,029.60 representing principal of $450,000.00 interest on principal of $55,029.60 with continuing interest at the rate of NY prime interest rate+ 4 %. For queries related to this Notice please contact Royal Bank of Canada Collections Department. Dated this 23rd day of August 2013 '----'h~L 'o cJ_~.y~~\-- MISICK and ST ANBROOK Attorneys for the Chargee NOTICE IN THE MATTER OF THE REGISTERED LAND ORDINANCE AND IN THE MATTER OF A CHARGE REGISTERED OVER PARCEL 60900/287, LEEWARD GOING THROUGH, PROVIDENCIALES, TURKS & CAICOS ISLANDS. To: Mark Andrew Knighton and Julie Margaret Knighton Providenciales Turks & Caicos Islands Via Hand Delivery TAKE NOTICE THAT, you have failed to make the payments due as required under the above-mentioned Charge dated 281\ August 2006 within the time limit required under the terms of the Charge and the said default has continued for more th.an o~~ month. Without prejudice to any earlier notice in respect of interest, Notice is hereby given that unless payment in full of all outstanding balances of principle and interest is paid within thiee months of the date of service of this Notice upon you, the Chargee shall exercise all rights contained in the said Charge and under section 72 of the Registered Land Ordinance including, without prejudice to the generality of the foregoing, their right to appoint a Receiver and/or sell the Charged Property. For the avoidance of doubt as at April 22"ct, 2013 the outstanding sum of principal and all interest accrued thereon amounts to $320,733.40 representing principal of $296,039.78, interest of $14,497.83 , additional fees and charges of$10,195.79 and continuing thereon at the per diem interest rate of$44.60. For queries related to this Notice please contact Scotiabank (Turks and Caicos) Limited Collections Department. Dated this 9th day of May 2013 MISICK and STANBROOK Attorneys for the Chargee Turks and Caicos Islands Public Service Handbook September 2013 Public Service Handbook 2013 Turks and Caicos Islands Public Service Handbook Contents CHAPTER ONE - INTRODUCTION........................................................................................................................................ 4 1.1 Authority and Application................................................................................................................................. 4 CHAPTER TWO – ETHICAL AND PROFESSIONAL CONDUCT ................................................................................................. 6 2.1 Values and Code of Conduct ............................................................................................................................. 6 2.2 Fiscal Responsibility.......................................................................................................................................... 6 2.3 Protected Disclosures or Whistleblowing .......................................................................................................... 7 2.4 Reporting Requirements .................................................................................................................................. 7 2.5 Conduct of Officers .......................................................................................................................................... 9 2.6 Health and Safety ........................................................................................................................................... 13 2.7 Handling Official Information ......................................................................................................................... 14 2.8 Disasters ........................................................................................................................................................ 16 2.9 Form of Dress................................................................................................................................................. 16 2.10 Breaches ........................................................................................................................................................ 16 CHAPTER THREE – APPOINTMENTS, PROMOTIONS AND TRANSFERS ............................................................................... 17 3.1 Authority and Processes ................................................................................................................................. 17 3.2 Establishment ................................................................................................................................................ 17 3.3 Recruitment ................................................................................................................................................... 17 3.4 Appointment.................................................................................................................................................. 18 3.5 Probation ....................................................................................................................................................... 20 3.6 Promotion...................................................................................................................................................... 21 3.7 Acting Appointments...................................................................................................................................... 21 3.8 Graduates Returning to the Islands after Study Scholarships ........................................................................... 22 3.9 Secondment................................................................................................................................................... 23 3.10 Transfer ......................................................................................................................................................... 23 3.11 Contracts of Employment ............................................................................................................................... 23 3.12 Gazette Notices.............................................................................................................................................. 24 CHAPTER FOUR - MANAGING STAFFING .......................................................................................................................... 25 4.1 Staffing Records and Documentation.............................................................................................................. 25 4.2 Performance Appraisal ................................................................................................................................... 25 4.3 Training and Development ............................................................................................................................. 26 4.4 Succession Planning ....................................................................................................................................... 26 4.5 Equality.......................................................................................................................................................... 27 2 Public Service Handbook 2013 CHAPTER FIVE - DISCIPLINE ............................................................................................................................................. 28 5.1 General .......................................................................................................................................................... 28 5.2 Summary of the Disciplinary Process .............................................................................................................. 28 CHAPTER SIX - GRIEVANCES ............................................................................................................................................ 34 6.1 General .......................................................................................................................................................... 34 6.2 Grievance Procedure ...................................................................................................................................... 34 CHAPTER SEVEN - TERMINATION OF APPOINTMENT ....................................................................................................... 36 7.1 General .......................................................................................................................................................... 36 7.2 Resignation Requirements.............................................................................................................................. 36 7.3 Retirement..................................................................................................................................................... 37 7.4 Post Abolished ............................................................................................................................................... 37 7.5 Terminal Benefits ........................................................................................................................................... 37 7.6 Contract Officers ............................................................................................................................................ 38 7.7 Record of Service ........................................................................................................................................... 38 7.8 Exit Requirements .......................................................................................................................................... 38 CHAPTER EIGHT - REMUNERATION ................................................................................................................................. 39 8.1 Salaries .......................................................................................................................................................... 39 8.2 Overpayments or Underpayments.................................................................................................................. 39 8.3 Increments..................................................................................................................................................... 39 8.4 Working Hours and Overtime ......................................................................................................................... 40 8.5 Allowances..................................................................................................................................................... 40 8.6 Subsistence per diems .................................................................................................................................... 41 8.7 Travel expenses for appointment ................................................................................................................... 41 CHAPTER NINE - LEAVE ................................................................................................................................................... 43 9.1 Management of Leave.................................................................................................................................... 43 9.2 Vacation Leave ............................................................................................................................................... 43 9.3 Sick Leave ...................................................................................................................................................... 45 9.4 Maternity Leave ............................................................................................................................................. 46 9.5 Compassionate Leave ..................................................................................................................................... 47 9.6 Special Leave.................................................................................................................................................. 47 9.7 Study Leave.................................................................................................................................................... 47 9.8 Strike Leave and pay....................................................................................................................................... 48 9.9 Miscellaneous Leave Provisions ...................................................................................................................... 48 9.10 Departmental Leave ....................................................................................................................................... 49 CHAPTER TEN - OTHER MANAGEMENT REQUIREMENTS .................................................................................................. 50 10.3 Managing Public Buildings .............................................................................................................................. 50 3 Public Service Handbook 2013 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. 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 civilian employees in the Royal Turks and Caicos Islands Police Force, but it does not apply to police officers (all ranks) 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. 4 Public Service Handbook 2013 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. 1.1.10 Where officers are seeking an approval or decision from a Permanent Secretary, they should follow communication and hierarchy protocols and send the request through their Head of Department for the Head of Department's recommendation to the Permanent Secretary. 5 Public Service Handbook 2013 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. 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. 6 Public Service Handbook 2013 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: 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 7 Public Service Handbook 2013 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 4. Criminal or unlawful activity Immediate report of evidence by colleagues or managers 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 5. Breach of the Public Service Ordinance or this Handbook 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 Immediate report of situation, in writing, to Permanent Secretary or Head of Department; If matter involves Permanent Secretary or Head of Department, then report to the Deputy Governor 8 Public Service Handbook 2013 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 person or in writing 3 or point 5 above, and there has not been an adequate or reasonable response The Commission will report on the matter to the Integrity Commission 7. Fraudulent misconduct Fraud Reporting Hotline in the where there is the intention Internal Audit unit (number to be advised) of obtaining an unauthorised benefit To the extent permitted by law, the Chief Internal Auditor and staff will treat all information as confidential 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 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. 9 Public Service Handbook 2013 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. 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 10 Public Service Handbook 2013 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 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. 11 Public Service Handbook 2013 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 dais 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. 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. 12 Public Service Handbook 2013 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 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. 13 Public Service Handbook 2013 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 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 14 Public Service Handbook 2013 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; any file over five years old that is to be retained will be noted that it 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. 15 Public Service Handbook 2013 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 disasters 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. 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. 16 Public Service Handbook 2013 CHAPTER THREE – APPOINTMENTS, PROMOTIONS AND TRANSFERS Part V of the Public Service Ordinance 2012 applies to this Chapter. 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 17 Public Service Handbook 2013 advertisement will state the format and requirements for applications. applications will be determined based on the nature of the vacancy. The closing date for 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 18 Public Service Handbook 2013 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. 3.4.13 On appointment to the Public Service every officer will be required to take an oath or affirmation prescribed by the Ordinance. 19 Public Service Handbook 2013 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. 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. 20 Public Service Handbook 2013 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. 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; 21 Public Service Handbook 2013 the duration for the acting appointment is at least: o for Permanent Secretary posts, posts with a statutory responsibility or posts listed under Section 91 of the Constitution 2011, a minimum of one full day; o for Director and Head of Department posts, a minimum of seven (7) calendar days; o for all other posts, a minimum of forteen (14) 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 vacation 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. 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 22 Public Service Handbook 2013 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; 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 23 Public Service Handbook 2013 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; 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 2013 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 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: 25 Public Service Handbook 2013 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 4.4 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. 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: 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. 26 Public Service Handbook 2013 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 2013 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 2013 29 Public Service Handbook 2013 30 Public Service Handbook 2013 31 Public Service Handbook 2013 32 Public Service Handbook 2013 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. 33 Public Service Handbook 2013 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: consider the nature and scope of the grievance; provide parties with the opportunity to submit any relevant documentation and to represent their concerns; 34 Public Service Handbook 2013 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.) 35 Public Service Handbook 2013 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. 7.2.4 All resignations will be reported immediately to the Human Resources Directorate. 36 Public Service Handbook 2013 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. 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. 37 Public Service Handbook 2013 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. 38 Public Service Handbook 2013 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. 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. 39 Public Service Handbook 2013 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. 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. 40 Public Service Handbook 2013 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 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. 41 Public Service Handbook 2013 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. 42 Public Service Handbook 2013 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 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. 43 Public Service Handbook 2013 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 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. 44 Public Service Handbook 2013 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, 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. 45 Public Service Handbook 2013 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. 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. 46 Public Service Handbook 2013 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, parent-in-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 [paragraph deleted] 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 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; 47 Public Service Handbook 2013 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 one third of basic salary for the duration 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. 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. 48 Public Service Handbook 2013 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. 9.10 Departmental Leave 9.10.1 Departmental leave of seven working days each calendar year may be granted to monthly paid officers for the purpose of personal business. Where the officer has not worked the full calendar year, a proportionate number of working days, rounded up or down to the nearest whole day may be granted. For example, if an officer commences at the beginning of April, the officer is eligible for 9/12 of 7 days = 5 days rounded down. Departmental leave can be taken as single days or up to two days at a time. It may not be added to a period of Vacation Leave. This leave does not apply to teachers as paragraph 9.2.3 applies. 49 Public Service Handbook 2013 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. 50 Public Service Handbook 2013 Appendix 1 – Definition of terms Definition of terms used in the Public Service Handbook 51 Public Service Handbook 2013 Also refer to Section 2 of the Public Service Ordinance which defines a number of terms used in the Public Service Handbook. Term In this Handbook, meaning: Annual estimates Means the Government’s budget for any current financial year as approved Children Means any natural or legally adopted child or stepchild who is below the age of 18 years, unmarried and wholly dependent on the officer or employee Circular Means a memorandum regarding an announcement of or change to Public Service policy or procedures or a clarification of such. Code of Conduct Means the Code of Conduct for Persons in Public Life Commission Means the Public Service Commission Continuing appointment Means that the employment of a person will continue until either they give notice or the Public Service gives notice to them Contract Means a written agreement for the provision of services by an officer or employee to the Public Service, usually for a defined time period Delegated manager Means the Deputy Governor, or a Permanent Secretary, or a Head of Department in the Public Service being officers delegated to exercise the powers given to the Governor to manage the Public Service Deputy Secretary Means the post which is Deputy to the Permanent Secretary post Estimates Means the Annual Estimates Fixed term appointment Means the employment of a person is for a definite duration Government Means the Government of the Turks and Caicos Islands Head of Department Means the officer who is appointed as head of a Department Islands Means the Territory of Turks and Caicos Islands Officer Means a person employed by the Turks and Caicos Islands Public Service Ordinance Means the Public Service Ordinance Overseas officer or employee Means an officer appointed from outside the Islands Per diem Means an allowance for daily expenses Permanent Secretary Means the most senior officer in a Ministry; in agencies which are not a Ministry, it means the agency head or most senior officer in the agency Post A position or job in the Public Service which is budgeted for in the Annual Estimates Probation Means a trial period where a person's suitability for the position is tested Promotion Means an appointment of an officer to a more senior position Registered medical practitioner Means a medical doctor who is registered with the Medical Practitioner Board and recognised by the Government to practice medicine in the Islands Senior officers Means the Deputy Governor, Permanent Secretaries, Heads of Departments, Deputy Heads of Departments, Unit Managers, technical specialists in charge of a function 52 Public Service Handbook 2013 Whistleblowing Means the act of revealing wrong-doing to someone in authority 53 Public Service Handbook 2013 Appendix 2 – Vision, Mission and Values Vision, Mission and Values of the Public Service 54 Public Service Handbook 2013 Vision: A well structured, properly resourced and professional service that is respected and balances both traditional and modern practices, with a culture of impartiality and integrity. Mission: The Public Service exists to serve the people of the Turks and Caicos Islands. It does this by providing efficient services to the public on behalf of the Government and by providing impartial and accurate advice to Government for the formulation of policies. The Public Service is responsive to Government in implementing the Government's policies and programmes, and will maintain the highest ethical standards. Core Values: High quality service to clients: Providing sound advice to Ministers in the development of policies; managing resources to ensure the provision of excellent customer service to the public. Professionalism: Conducting oneself by portraying high standards, good character and exhibiting high ethical behaviour in the performance of duties. Accountability: Being responsible for one’s actions. Transparency: Easily able to stand up against scrutiny and prevail. Ethical: Able to make sound judgment based on the accepted principles of what is right from wrong. Integrity: Putting the obligations of public service above personal interests. Honesty: Being truthful, open and incorrupt and using resources only for the authorized public purposes for which they are provided. Impartiality: Acting solely according to the merits of the case and serving governments of different political parties equally well regardless of personal political beliefs. 55 Public Service Handbook 2013 Appendix 3 – Code of Conduct Code of Conduct 56 Public Service Handbook 2013 Code of Conduct for Public Officers is Chapter 3 in the Code of Conduct for Persons in Public Life. Chapter 3 has been endorsed by the Public Service Commission as the standards for the Public Service, as required in the Public Service Ordinance. The full Code of Conduct for Persons in Public Life is relevant as officers interact with a range of people in public life. In particular, officers are directed to Chapter 3 as the code that applies directly to their behaviour as officers. 57 Public Service Handbook 2013 Appendix 4 – Forms and Templates Forms and Templates 58 Public Service Handbook 2013 The following forms and templates are provided for use: Form/Template Used by Purpose Comments Gift and Hospitality Register Officers receiving gift or hospitality by any external party Quarterly return to HRM Directorate and Integrity Commission Accident Register Persons who have/witness an accident or near miss Job Description Template and Guidelines Unit Managers, Heads of Departments, Permanent Secretaries Kept in the Department/Division's Office and to be signed off by the Permanent Secretary quarterly Kept in the Department/Division's Office and to be signed off by the Permanent Secretary quarterly New jobs Changed jobs Contract of Employment Fixed Term Template Contract of Employment Temporary Template Selection Summary Report Human Resource Management Directorate only Human Resource Management Directorate only Selection Panel On appointment. Can be viewed for terms and conditions On appointment. Can be viewed for terms and conditions In the selection and appointment process Discipline Management: Informal Warning Template Discipline Management: Written Warning Template Permanent Secretaries and Heads of Departments only As a penalty as part of the disciplinary process Permanent Secretaries and Heads of Departments only As a penalty as part of the disciplinary process 59 Quarterly return to HRM Directorate A Job Description is required for each different job which exists in the Public Service This report will be referred to Public Service Commission on completion Public Service Handbook 2013 Turks and Caicos Islands Public Service Gift and Hospitality Register for Officers Ministry/Agency: .................................................................... Department/Division: .............................................................................. Year: ........................ Quarter: 1 / 2 / 3 / 4 (circle relevant quarter) To be kept in the Department/Division's Office. Each quarter the Permanent Secretary will note entries in this Gift and Hospitality Register, sign it and send a copy to the HRM Directorate and the Integrity Commission. This document may be accessed by the Integrity Commission at any time. Date offered Offered to (name, job) Offered by (name, job, organisation) Reason offered/ circumstances Description of Gift Estimated value Action taken re gift (e.g. accepted, returned, etc) Location of gift (if retained) I have noted the entries in this Register. Name of Permanent Secretary ____________________ Signature ______________________ Date _______ 60 Noted by Permanent Secretary (initial and date) Public Service Handbook 2013 Turks and Caicos Islands Public Service Accident Register Ministry/Agency ....................................... Department/Division.................................................. Year ............. Quarter 1 / 2 / 3 / 4 (circle relevant quarter) To be kept in the Department/Division's Office. Each quarter the Permanent Secretary will note entries in this Accident Register, sign it and send a copy to the Human Resource Management Directorate. Date of Full name of Address of person National Description of Date and Location or Cause of Entry person injured/ injured Insurance Accident time of place of accident (if Status (e.g. No. accident accident known) employee, visitor) 61 Public Service Handbook 2013 Date of Entry Full name of person injured/ Status (e.g. employee, visitor) Address of person injured National Insurance No. Description of Accident Date and time of accident Location or place of accident I have noted the entries in this Accident Register. Name of Permanent Secretary ____________________ Signature ______________________ Date _______ 62 Cause of accident (if known) Public Service Handbook 2013 TURKS AND CAICOS ISLANDS PUBLIC SERVICE JOB DESCRIPTION DATE: JOB TITLE: GRADE: MINISTRY/INSTITUTION: DEPARTMENT/DIVISION: LOCATION: The job is based in [location] but at the discretion of TCI Public Service may be relocated to another part of TCI. REPORTS TO: SUPERVISES POSTS: PURPOSE OF JOB: TASKS AND RESPONSIBILITIES: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Adhere to all Public Service codes, rules and regulations 11. Perform other related tasks as assigned. 63 Public Service Handbook 2013 PERFORMANCE STANDARDS: WORKING RELATIONSHIPS: Internal: External: JOB DIMENSIONS: Supervision received: Supervision given: Independence of action, authority and decision making: Accountability - scope and impact: 64 Public Service Handbook 2013 KNOWLEDGE AND SKILLS: QUALIFICATIONS and EXPERIENCE: Qualifications: Experience: WORKING CONDITIONS: Hours of work: The job holder is required to work the hours prescribed in the rules. Physical environment and/or risks associated with the job: Physical demands: Tools and equipment required to do the job: SIGNATURE OF JOB HOLDER: I have read the above and understand it is intended to describe the general content of and requirements for performing this job rather than an exhaustive statement of duties, responsibilities or requirements. I have been given a copy of this job description. I confirm that I have read, understood and signed the Code of Conduct for public servants. ______________________ JOB HOLDER (PRINT NAME) DATE 65 Public Service Handbook 2013 JOB HOLDER (SIGNATURE) SIGNATURE OF DIRECT SUPERVISOR: ___________________ DIRECT SUPERVISOR (PRINT NAME) DATE DIRECT SUPERVISOR (SIGNATURE) THIS JOB DESCRIPTION IS DUE FOR REVIEW AT THE TIME OF THE ANNUAL PERFORMANCE APPRAISAL. 66 Public Service Handbook 2013 TURKS AND CAICOS ISLANDS PUBLIC SERVICE JOB DESCRIPTION GUIDELINES FOR COMPLETION DATE: enter the date of approval by the Permanent Secretary JOB TITLE: enter the job title A fundamental element of the job description is the job title. A good job title will have the following qualities: It simply but accurately reflects the nature of the job and the duties being performed It reflects its ranking order with other jobs in the Ministry/Institution It does not exaggerate the importance of the role It is free of gender or age or other discriminatory implications It is descriptive for recruitment purposes – e.g. an online search. For consistency sake, the Job Evaluation Committee may recommend that a title be changed. GRADE: leave blank until after job evaluation has been undertaken. The grade is not on the current JDs and it may influence the job evaluation and analysis if current grade is input MINISTRY/INSTITUTION: enter the organisation to which the job belongs Institution covers those organisations which are not Ministries – e.g. Human Resources Directorate, National Audit Office, Attorney-General's Chambers DEPARTMENT/DIVISION: LOCATION: enter the particular area/unit/team to which the job belongs enter the location Include words along the lines of......The job is based in Grand Turk [insert correct current location] but at the discretion of TCI Public Service may be relocated to another part of TCI. If relevant, also add: Travel within TCI may [will] be required. 67 Public Service Handbook 2013 REPORTS TO: enter the direct report – job, not person. This will normally be the job of the direct supervisor of this job. SUPERVISES POSTS: enter the job or jobs which this job will supervise. List will include job titles and number of jobs where more than one. Where there are direct and indirect reports, be specific and label the jobs as either direct or indirect. Direct reports are those staff whose (for example) work is allocated or monitored by this job or performance is appraised. Indirect reports are those who report to someone else on a day to day basis but for whom this job has overall responsibility. Jobs which are subordinate to this job and over whom this job has no responsibility are not considered reports of any sort. Where there is direct and indirect reporting add either (directly) or (indirectly) as appropriate, to each job listed above. PURPOSE OF JOB: [Brief (1 – 2) sentences stating the purpose of the job/reason the job exists] TASKS AND RESPONSIBILITIES: This section will contain the key responsibilities only of the job. The key responsibilities are those tasks that are regularly and frequently undertaken. Use a numbering system or bullet points and group like tasks logically. In most jobs there are about no more than 12 to 15 key duty statements. Include both: ‘adhere to all Public Service codes, rules and regulations’. ‘other related tasks as assigned’ PERFORMANCE STANDARDS: This section will contain a list of standards that will be used to judge whether the officer has performed their job satisfactorily. In other words, how will we know that the officer has done the job. While the list of Tasks and Responsibilities tells the officer what is to be done, performance standards give the officer and their supervisor specific performance expectations for each major duty. They are the observable behaviors and actions which explain how the job is to be done, plus the results that are expected for satisfactory job performance. The purpose of performance standards is to communicate expectations. Performance standards are: Based on the position, not the individual Observable, specific indicators of successful performance Meaningful, reasonable and attainable Describe "fully satisfactory" performance once trained Expressed in terms of Quantity, Quality, Timeliness, Cost, Safety, or Outcomes. 68 Public Service Handbook 2013 WORKING RELATIONSHIPS: This section will list whom (indicate title only) and for what purpose the officer is required to have contacts in the job. Indicate the frequency of each contact. Describe the most typical, not the most unusual, contacts. Internal: List contacts inside the TCI Public Service required by the work of the job. Rather than listing individual jobs or positions, where applicable list groups e.g. all staff in the Division, staff from other Ministries at all levels, etc External: List contacts outside the TCI Public Service required by the work of the job. Rather than listing specific companies or organisations, list groups e.g. airline companies, all businesses in the tourism industry, etc. 69 Public Service Handbook 2013 JOB DIMENSIONS: This section will provide guidance on the nature and extent of the job. It is a very important section for the purposes of job evaluation. Supervision received: Explain the degree of supervision, direction or guidance received by this job (see types of supervision below). Explain in general terms based on the definitions below. DO NOT LIST THE JOB WHICH SUPERVISES THIS JOB, but explain the nature of the supervision received. Supervision given: Explain the degree of supervision, direction or guidance given by this job to direct reports (see types of supervision below). Explain in general terms based on the definitions below. DO NOT LIST THE JOBS WHICH THIS JOB SUPERVISES, but explain the nature of the supervision given. Types of supervision: Close Supervision: Work is reviewed at several steps along the way for accuracy. (Generally for entry level or trainee jobs.) Supervision: Officer performs standard and routine assignments independently to conclusion; unusual problems which may require exceptions to procedures or processes are referred to the supervisor. (Generally for basic level job able to work independently.) General Supervision: Officer develops approach for performance of a variety of duties or performs complex duties within established policy guidelines. (Typically for advanced operational and technical, senior professional, unit supervisor.) Direction: Establishes procedures for attaining specific goals and objectives in a broad area of work. Only final results are reviewed. (Typically for a manager or expert/top level professional.) General Direction: Receives guidance in terms of broad goals and overall objectives and establishes the methods to attain them. Generally the officer is in charge of an area of work and typically formulates policy for this area, but does not necessarily have final authority for approving policy. Independence of action, authority and decision making: Explain the types of decisions or actions which the officer may make or take on their own initiative. Identify the decisions or actions which the officer will refer to their immediate supervisor. Identify as well the level of problem solving and decision making expected in this position. Accountability - scope and impact: Explain the kinds of outcomes that the officer is responsible to achieve. Include details on the scope and impact of this job in the team/unit. Scope applies to the range of operation of a job's primary responsibilities. It can range from the unit or department to something which is Public Service wide. Impact refers to the effect of the job's actions on the organisation by team/unit or Public Service wide. Consider the position’s role in planning the programs, functions and activities of the team/unit. KNOWLEDGE AND SKILLS: List the knowledge and skills required to perform this job. Knowledge is job specific knowledge that an officer must have or should have to do the job. 70 Public Service Handbook 2013 Skills are activities the officer can perform based on what they have learned or from training they have undertaken. A skill is something that can be learned through study and practice. This can include technical and non technical skills. QUALIFICATIONS and EXPERIENCE: [Consider separating into essential and desirable] Qualifications: Educational qualifications - this is generally formal education – try to avoid asking for unnecessarily high qualifications. This section can include tertiary qualifications as well as other professional qualifications. If there are specific licences required, these must be also listed (e.g. driving licence, industry accreditation). Experience: The type and period (generally specified in years) of relevant experience you expect the officer to have. Be as specific as you can with regard to the experience and be realistic about how much experience is needed. E.g. This job requires 5 years experience in the field of which at least 2 years are at a supervisory level. WORKING CONDITIONS: This section will provide guidance on the environment in which the job is performed. Hours of work: The job holder will work the normal hours as required in the Public Service Handbook. Consider adding [depending on job and if required] The job holder may [will] be required to work additional hours from time to time to meet the demands of the job. OR This job requires the job holder to work shifts, on a roster system over day and night shifts. OR This job requires the job holder to be on call on a regular basis. Physical environment and/or risks associated with the job: State the type of environment the job is performed in (e.g. office environment, outdoors, confined location, etc) and explain any risks associated with the job (e.g. working in a dangerous situation or location). Physical demands: State if there are any particular physical demands such as being able to manually lift objects. Tools and equipment required to do the job: List any tools and equipment which is used in order to perform the duties of the job. Make sure you list any Personal Protective Equipment that is required for health and safety reasons. SIGNATURE OF JOB HOLDER: The supervisor/manager will ask the job holder to sign a copy of the job description when they go through it, either as part of the induction process or when an updated job description is made. Note that the staff member is confirming that they have signed the Public Service Code of Conduct. SIGNATURE OF DIRECT SUPERVISOR: 71 Public Service Handbook 2013 The supervisor/manager will sign in this part. Give a copy of the signed document to the job holder, keep a copy in the supervisor/manager records, and send a copy to the HR Directorate. 72 Public Service Handbook 2013 TCIPS Standard Contract 1 Fixed Term EMPLOYMENT AGREEMENT BETWEEN TURKS AND CAICOS ISLANDS PUBLIC SERVICE (the “employer”) AND [NAME OF OFFICER] (the “officer”) Employment 1. The officer will work for the employer in the position set out in Schedule 1, commencing and terminating as therein stated, and subject to the special conditions (if any) set out in Schedule 1. Duties 2. The duties of the officer are as set out in Schedule 1, or such other duties as the parties may agree on or that the employer may reasonably direct. Benefits 3. The employer shall provide to the officer the benefits set out in Schedule 2. Terms and Conditions of Employment 4. The officer will comply with all legislation and regulations that relate to the Turks and Caicos Islands Public Service and the conduct of their occupation in the Turks and Caicos Islands. 5. The terms and conditions of employment are those that apply in the Public Service Ordinance and the Public Service Handbook. Exclusive employment 6. The officer will not, without the approval of the relevant Permanent Secretary and Director of Human Resources, directly or indirectly, engage or be concerned in trade or private professional practice, and shall be devoted to the attention, interest, benefit and service of the employer. The employer nominates as supervising officer the person set out in Schedule 1, and the officer shall obey the directions of the supervising officer. 73 Public Service Handbook 2013 Probation 7. The officer will serve a probationary period of six (6) months. Termination 8. Termination of employment will be in accordance with the Public Service Ordinance and this Agreement. Termination during the probationary period 9. At any time during the probationary period, the employer may terminate the employment of the officer where they are not performing satisfactorily. In this case, then this agreement shall terminate immediately and – i. the employer will pay all benefits then owing, but not the 15% gratuity; ii. the employer will pay the cost of airfares to the officer's country of residence and freight removal specified in Schedule 2, providing the officer leaves Turks and Caicos Islands within thirty (30) days of termination. Termination due to ill health 10. If the officer is in such ill health or infirmity of body or mind that the officer cannot properly carry out the duties of the position, and if a Turks and Caicos Islands Government medical officer so certifies, at the request of either the officer or the employer, then this agreement shall terminate and – i. the employer will pay all benefits then owing, but not the 15% gratuity; ii. the employer will pay the cost of airfares to the officer's country of residence and freight removal specified in Schedule 2, providing the officer leaves Turks and Caicos Islands within thirty (30) days of termination; iii. the medical certificate referred to above shall be conclusive evidence of the necessary ill health or infirmity of the officer. Termination for misconduct 11. The employer may terminate this agreement on any of the grounds in Section 72 of the Public Service Ordinance. 12. Upon termination under clause 11, the employer shall i. pay all benefits then owing, but not the 15% gratuity; ii. deduct the cost of airfares and freight paid on commencement under Schedule 2 from monies owed under 12(i) above; iii. pay the cost of airfares to the officer's country of residence, providing the officer leaves Turks and Caicos Islands within thirty (30) days of termination. 74 Public Service Handbook 2013 Early termination, generally 13. The employer or the officer may terminate this agreement at any time without having or giving any reason, on giving (at the option of the terminating party) either three (3) months' written notice or paying one (1) month's salary. 14. Upon termination under clause 13 by the employer – i. the employer shall pay all benefits then owing, but not the 15% gratuity; ii. the employer shall pay the cost of return airfares and freight specified in Schedule 2, providing the officer leaves Turks and Caicos Islands within thirty (30) days of termination. 15. Upon termination under clause 13 by the officer, the employer will – i. pay all benefits then owing, but not the 15% gratuity; ii. deduct the cost of airfares and freight paid on commencement under Schedule 2 from monies owed under 15(i) above; iii. pay the cost of airfares to the officer's country of residence, providing the officer leaves Turks and Caicos Islands within thirty (30) days of termination. 16. If the officer terminates this agreement other than as provided above in this agreement, then the officer shall pay to the employer, as liquidated damages, one (1) month's salary plus the cost of airfares and freight paid under Schedule 2 on commencement. Dated this day of 20.... Signed by the parties: --------------------------------- -----------------------------Witness -------------------------------------------- ------------------------------- 75 Officer Public Service Handbook 2013 for the Turks and Caicos Islands Witness Public Service 76 Public Service Handbook 2013 TCIPS Standard Contract 1 Fixed Term SCHEDULE 1 POSITION: [insert title of position] COMMENCE: [insert commencement date] TERMINATE: [insert end date] DUTIES: See attached Job Description [OR insert job duties] SUPERVISING OFFICER: [insert title of position to which employee reports directly] SPECIAL CONDITIONS: [insert any conditions or write NIL] 77 Public Service Handbook 2013 TCIPS Standard Contract 1 Fixed Term SCHEDULE 2 THE BENEFITS SALARY OTHER [insert annual salary rate] per annum [insert name of allowance and annual allowance rate] per annum ALLOWANCES Allowances are subject to meeting the criteria outlined in the Public Service Handbook. DUTY CONCESSION [insert any duty concession that applies as per current Customs regulations] FREIGHT 3 cubic meters AIRFARES End of contract economy airfare back to the place of recruitment/home country, for officer, spouse and up to 2 dependent children aged up to 18 years and residing at post with the officer. VACATION LEAVE [insert entitlement] Working Days per annum OTHER BENEFITS 15% Gratuity on satisfactory completion of the full term of the contract 78 Public Service Handbook 2013 79 Public Service Handbook 2013 TCIPS Standard Contract 1 Temporary Employment EMPLOYMENT AGREEMENT BETWEEN TURKS AND CAICOS ISLANDS PUBLIC SERVICE (the “employer”) AND [NAME OF OFFICER] (the “officer”) Employment 17. The officer will work for the employer in a temporary position set out in Schedule 1, commencing and terminating as therein stated, and subject to the special conditions (if any) set out in Schedule 1. Duties 18. The duties of the officer are as set out in Schedule 1, or such other duties as the parties may agree on or that the employer may reasonably direct. Benefits 19. The employer shall provide to the officer the benefits set out in Schedule 2. Terms and Conditions of Employment 20. The officer will comply with all legislation and regulations that relate to the Turks and Caicos Islands Public Service and the conduct of their occupation in the Turks and Caicos Islands. 21. The terms and conditions of employment are those that apply in the Public Service Ordinance and the Public Service Handbook. Exclusive employment 22. The officer will not, without the approval of the relevant Permanent Secretary and Director of Human Resources, directly or indirectly, engage or be concerned in trade or private professional practice, and shall be devoted to the attention, interest, benefit and service of the employer. The employer nominates as supervising officer the person set out in Schedule 1, and the officer shall obey the directions of the supervising officer. 80 Public Service Handbook 2013 Termination 23. Termination of employment will be in accordance with the Public Service Ordinance and this Agreement. Termination for misconduct 24. The employer may terminate this agreement on any of the grounds in Section 72 of the Public Service Ordinance. 25. Upon termination under clause 8, the employer shall pay all benefits then owing. Early termination, generally 26. The employer or the officer may terminate this agreement at any time without having or giving any reason, on giving one (1) week's written notice. 27. Upon termination under clause 10, the employer shall pay all benefits then owing. 28. If the officer terminates this agreement other than as provided in this agreement, then the officer shall pay to the employer, as liquidated damages, one (1) week's salary. Dated this day of 20.... Signed by the parties: --------------------------------- -----------------------------Witness -------------------------------------------- ------------------------------- for the Turks and Caicos Islands Witness Public Service 81 Officer Public Service Handbook 2013 TCIPS Standard Contract 1 Temporary Employment SCHEDULE 1 POSITION: [insert title of position] COMMENCE: [insert commencement date] TERMINATE: [insert end date] DUTIES: See attached Job Description [OR insert job duties] SUPERVISING OFFICER: [insert title of position to which employee reports directly] SPECIAL CONDITIONS: [insert any conditions or write NIL] TCIPS Standard Contract 1 Temporary Employment 82 Public Service Handbook 2013 SCHEDULE 2 THE BENEFITS SALARY OTHER ALLOWANCES VACATION LEAVE [insert annual salary rate] per annum, pro rata based on the period of employment [insert name of allowance and annual allowance rate] per annum, pro rata based on the period of employment Allowances are subject to meeting the criteria outlined in the Public Service Handbook. [insert entitlement] Working Days per annum, pro rata based on the period of employment 83 Public Service Handbook 2013 SELECTION SUMMARY POSITION: ASSESSMENT DATE: SELECTION PANEL: [INSERT title of post] [INSERT date] [INSERT Names of Panel Members and Job Titles] CANDIDATES IN ORDER OF ASSESSMENT TIMING 84 Public Service Handbook 2013 FINAL SCORE IN ORDER OF MERIT CANDIDATE AVERAGE (ROUNDED) 1. 2. 3. 4. 5. SUMMARY Based on the assessment conducted, the following candidate is recommended for the position of ------------------------- --------------------------- 85 Public Service Handbook 2013 [put this on Department/Ministry letterhead] STRICTLY CONFIDENTIAL DM-001-DISCIPLINARY RECORD OF INFORMAL WARNING ISSUED TO: INSERT name of officer ISSUED BY: INSERT name & position (note must be Delegated Manager) DATE ISSUED: INSERT date This sets out the matters discussed at our meeting on INSERT date. It is a record of the informal warning issued to you in respect of your misconduct or poor performance, details of which are set out below. INSERT the nature of the misconduct under s.72 of Public Service Ordinance or other rules/regulations You are expected to reach and maintain the following standard of conduct or performance. Failure to do so may result in further disciplinary action. INSERT standard of conduct or performance Signed: INSERT signature Date: INSERT date I certify that I have received and understood this informal warning and understand that a copy of this warning will be placed on my file in Human Resource Management Directorate. Signed: INSERT Officer's signature Date: INSERT date Delegated Manager is to send a copy of this record to Permanent Secretary and HRMD. 86 Public Service Handbook 2013 [put this on Department/Ministry letterhead] ISSUED TO: INSERT name of officer DATE ISSUED: INSERT date Outcome of Disciplinary Hearing – Written Warning I am writing to confirm the outcome of the disciplinary hearing on INSERT date. Having considered the investigation and evidence, the evidence produced by you, including any representations, it was decided that the following allegations were proven: INSERT in terms of the nature of the misconduct under s.72 of Public Service Ordinance It was also decided that the appropriate disciplinary penalty is a Written Warning which will remain active on your file for 12 months from and including today i.e. until INSERT date. Any further misconduct of any nature in this period may result in you being deemed guilty of gross misconduct and liable to dismissal. You are expected to reach and maintain the following standard of conduct or performance: INSERT standard of conduct or performance The steps required to prevent any repetition of the misconduct are also listed. Failure to reach the standard or implement the steps may result in further disciplinary action: INSERT steps required to implement and include deadlines where applicable You have the right to appeal this decision. If you wish to exercise that right of appeal, you should do so by writing to the Director, Human Resources, within 14 calendar days from the date of this letter, stating the grounds of appeal. Yours sincerely INSERT signature INSERT name INSERT position (note must be Delegated Manager) TO BE COMPLETED BY OFFICER I certify that I have received and understood this written warning and understand that a copy of this warning will be placed on my file in Human Resource Management Directorate. I also understand any further misconduct may lead to further disciplinary action including dismissal. Signed: INSERT Officer's signature Date: INSERT date cc. Permanent Secretary/Head of Department Human Resource Management Directorate 87 Public Service Handbook 2013 Appendix 5 – Performance Appraisal Policy Policy on Performance Appraisal 88 Public Service Handbook 2013 Contents 1. Policy.............................................................................................................................................................. 2. Scope .............................................................................................................................................................. 3. Roles and Responsibilities ............................................................................................................................... 4. Performance appraisal system .......................................................................................................................... 4.1. Core Principles........................................................................................................................................ 4.2. Performance against objectives ................................................................................................................ 4.3. Competency framework .......................................................................................................................... 5. Appraisal guidelines ........................................................................................................................................ 6. The Performance Appraisal year ...................................................................................................................... 7. 6.1. 2013 appraisal year ................................................................................................................................. 6.2. Review of 2013 appraisal ........................................................................................................................ The appraisal discussion .................................................................................................................................. 7.1. Participation in the appraisal discussion ................................................................................................... 7.2. Completing the appraisal forms ............................................................................................................... 8. Grievances ...................................................................................................................................................... 9. List of Attachments ......................................................................................................................................... 89 Public Service Handbook 2013 1. Policy The TCI Public Service is committed to supporting every employee to reach their potential and achieve their personal goals, which in turn will assist TCIG in achieving its objectives. It is the policy of the TCI Public Service that all officers participate in the annual Performance Appraisal. The effective date of this Policy is April 1st, 2013. This Policy should be read in conjunction with the following: Public Service Handbook 2012 – Chapter 4.2 – Performance Appraisal Public Service Handbook 2012 – Chapter 6 – Grievances Pay and Grading Policy – when the Pay and Grading Policy takes effect, the Payment of Increments Policy will apply - Appendix 9 of the PS Handbook 2. Scope The Policy applies to all officers in the Public Service including monthly paid and fortnightly paid staff and including those officers on probation. Contracted employees: Employees contracted for less than 12 months – Performance Appraisal does not apply Employees contracted for 12 months or more – Performance Appraisal should be used to establish the satisfactory completion of the contract and the payment of the gratuity. This Policy is managed by the Human Resource Management Directorate (HRM Directorate). 3. Roles and Responsibilities 1. The Public Service Commission has responsibility for providing advice of a general nature on the pay and conditions in the Public Service. 2. The Deputy Governor has overall responsibility for ensuring that the Performance Appraisal System is managed appropriately in accordance with the Public Service Ordinance, the Public Service Handbook and this Policy. 3. Permanent Secretaries/Government Agency heads/delegated managers are responsible to: implement and manage the Performance Appraisal System within their Ministry in accordance with this Policy 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 approve 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 assist officers to identify training and development needs and ways to meet those needs with limited resources ensure the performance appraisal process is conducted in a fair and transparent manner and is free of bias provide the Human Resources Management Directorate with a copy of required documentation by the relevant deadlines. 4. The Director, Human Resources is responsible to: provide specific advice on the operation of the Performance Appraisal System to the Deputy Governor and Public Service Commission 90 Public Service Handbook 2013 administer the Performance Appraisal Policy oversee the implementation of the Performance Appraisal System report annually on performance appraisal to the Deputy Governor. 5. The Manager, Human Resources, the Manager, Human Resources/Training and Human Resource Officers are responsible to: work with Ministries and agencies to assist them to implement the Performance Appraisal System provide advice, training and support for the Performance Appraisal System to Ministries and agencies monitor compliance with the Performance Appraisal Policy monitor the quality of information derived from the Performance Appraisal System ensure that all officers are provided with appropriate documentation about the Performance Appraisal System. 6. All officers are responsible to: participate in the annual Performance Appraisal in accordance with this Policy work with their direct supervisors to ensure that job descriptions and work plans are accurate 4. Performance appraisal system The Performance Appraisal System has been designed to include performance against objectives as well as performance against core competencies. The system is applied consistently to all officers, formally reviewing performance each year and identifying training and development needs. The system supports performance management as an ongoing process throughout the year. 4.1. Core Principles The Performance Appraisal System aims to improve the effectiveness of TCIG by contributing to achieving a wellmotivated and competent public service. Appraisal is part of the ongoing process of performance management, with an annual formal meeting to review progress against agreed objectives. The appraisal is a two way communication process to ensure that needs of the officer and the public service are being met and will be met in the next year. The Performance Appraisal is used to identify officers´ training and development needs and support the objectives of the TCIG Training and Development Policy. 4.2. Performance against objectives The Performance Appraisal System appraises the officer´s performance during the appraisal year against agreed objectives. These objectives should be set and agreed at the beginning of the appraisal year based on the key tasks and responsibilities as outlined in the officer´s job description and linked to departmental plans. Each officer should have a work plan, agreed with his or her manager, setting out how these objectives will be achieved and the required resources. During the appraisal a discussion will take place as to whether the objectives were achieved, the extent to which they were achieved and if not, the reasons why. 91 Public Service Handbook 2013 4.3. Competency framework A competency framework is a structure that sets out and defines each individual competency (such as problem-solving or communication) required by individuals working in an organisation or part of an organisation. The TCIG competency framework has been developed in a consultative process with senior officers of TCIG and reflects the core competencies expected of all officers. The Performance Appraisal System appraises the officer´s performance during the appraisal year against each of the core competencies as set out in the TCIG competency framework. The appraisal will assess whether officers are performing below, within or above the performance standard. 5. Appraisal guidelines The following are set out as guidelines for all officers in the conduct of performance appraisals: All staff participate, in a defined timescale. Performance appraisal is a management tool but does not replace the responsibility of all managers to manage staff on an ongoing basis. The performance appraisal should not contain any surprises. The basis for the appraisal is ongoing performance, not isolated events. Do not let personal feelings influence the appraisal. Constructive comments are key elements of appraisal. Give specific examples to illustrate points. Feedback should be descriptive and informative, not judgmental. Avoid allowing a strong factor or component of the officer´s performance to influence another which needs improvement, or one that is weak to influence another which is outstanding. Information contained in the performance appraisal is confidential and must be treated as such. Managers and supervisors needing further support or guidance with the performance appraisal process should contact the Human Resource Management Directorate. 6. The Performance Appraisal year The Performance Appraisal is conducted annually in December, covering the calendar year January to December. Performance Appraisal meetings will be arranged by the officer´s direct supervisor and a suitable time and place for the meeting will be advised at least one week in advance. To align with the TCIG budget cycle, supervisors are expected to conduct appraisals before the end of December each year, ideally between mid-November and mid-December. 92 Public Service Handbook 2013 Copies of completed performance appraisal documentation are to be provided to the Human Resources Management Directorate by the end of December each year. 6.1. 2013 appraisal year Due to the date of effect of this policy of April 1st, 2013, this appraisal year will be treated as the pilot implementation, with the first full year commencing in January 2014. Training for all staff in the Performance Appraisal system will commence in March 2013. Performance Appraisals will be conducted in accordance with the timeline outlined in 6 above, for a minimum of the 6 month period July to December 2013. This may vary agency by agency depending on the timing of the completion of the training. 6.2. Review of 2013 appraisal Following the pilot 2013 appraisal, a formal review of the Performance Appraisal System will be conducted in the first quarter of the 2014 appraisal year. The review will be led by the Human Resource Management Directorate with all Permanent Secretaries and agency Heads expected to participate. The scope of the review will include, but not necessarily be limited to, the following: The level of compliance, including timeliness, of all Ministries and agencies in the TCIG The quality of the process and the outputs The extent to which relevant training and development needs were identified What could be improved? Appraisal period – to remain as annually or should a 6 monthly interim appraisal be introduced? Effectiveness of the 3rd party in the appraisal meetings. Following this review, this Policy may be amended. 7. The appraisal discussion The appraisal discussion is the opportunity for the officer and supervisor to reflect and comment on the officer´s work and achievements for the appraisal period, to discuss areas requiring improvement and to identify training and development needs for the following period. The discussion should follow the guidelines as indicated in Section 5 above. The supervisor is responsible for giving the officer a constructive and honest appraisal of their performance and take into account the goals and objectives of the Public Service and that of the officer. The discussion should be a positive dialogue and should focus on assisting the officer to acquire the relevant knowledge, skills and competencies to perform his/ her current role to the best of his/her abilities. As stated in the guidelines in Section 5 above, it should contain no surprises for the officer being appraised. Other important considerations for the performance appraisal discussion: Adequate preparation should be done by all parties The officer is given one week´s notice of the appraisal meeting time 93 Public Service Handbook 2013 The discussion should take place in a quiet and private area, appropriate to confidential discussions and free of interruption. 7.1. Participation in the appraisal discussion Participants in the appraisal discussion are the officer and his or her direct supervisor. If requested by either the officer or the supervisor, a third party can be asked to participate in the discussion. This officer must be someone who can comment objectively and knowledgeably on the officer´s performance during the appraisal period. The 3rd party is selected by the supervisor and the officer advised in advance of their participation. In addition to participating in the discussion, the 3rd party will be expected to sign and to make comments on the performance appraisal form. 7.2. Completing the appraisal forms The officer must bring to the performance appraisal discussion a copy of their current job description and work plan. The appraisal form and any attachments are to be completed during the appraisal discussion. All parties have the opportunity to comment on the appraisal outcomes and the officer has the opportunity to note any comments he or she disagrees with. The Personal Development plan is an important component of the Performance Appraisal System. During the appraisal the officer and the supervisor should agree on a Personal Development plan for the following year. This plan should reflect the officer´s career aspirations, address any identified skills gaps, as well as take into account the requirements of the agency and the Public Service and any budgetary constraints. The Human Resource Management Directorate, the Ministry or agency and the supervisor will support the officer to undertake the agreed training and development in the coming year, while continuing to take into account any budgetary constraints. The appraisal form must be dated and signed by all parties - the officer, the supervisor and (if applicable) the third party. A counter signing officer, usually the supervisor´s supervisor, will be the final signatory. Once the form is completed and signed the original is to be sent to Human Resource Management Directorate. The Permanent Secretaries and Government Agency Heads should retain a copy for their file and the officer should also be given a copy. The performance appraisal forms are attachments to this policy. They are also available to download from the TCIG website. 8. Grievances Any officer who is aggrieved by their Performance Appraisal report must use the grievance procedure as detailed in Paragraph 6.2 of the Public Service Handbook. The main steps in that grievance procedure are indicated below but any officer wishing to lodge a grievance regarding a performance appraisal outcome should thoroughly acquaint him or herself with the grievance procedure in its entirety. 94 Public Service Handbook 2013 All grievances should focus on discussion and conciliation and openness to finding a solution acceptable to the parties involved. The following is the 3 step escalation process in the grievance procedure: 1. 2. 3. Raise the grievance with the Unit Manager; if not resolved then Step 2 Raise the grievance with the Head of Department, if not resolved then Step 3 Raise the grievance with the Permanent Secretary. The decision of the Permanent Secretary is considered final and binding. 9. List of Attachments Performance Appraisal Form Competency framework Personal Development Plan 95 Public Service Handbook 2013 Appendix 6 – Training and Development Policy Training and Development Policy; E-Learning Policy 96 Public Service Handbook 2013 Contents Training and Development Policy ............................................................................................................................ Introduction ............................................................................................................................................................. Senior Management Support ............................................................................................................................. Training and Development Process .......................................................................................................................... Training Needs Analysis .................................................................................................................................... Annual Training Plan and Monthly Schedule ................................................................................................... Reporting on Training and Development .......................................................................................................... Training and Development Programmes Provided .................................................................................................... On-the-Job Training .......................................................................................................................................... Job Rotation Programme ................................................................................................................................... In-house Training............................................................................................................................................... External Training............................................................................................................................................... Attachments ....................................................................................................................................................... Exchange Programmes ...................................................................................................................................... Study Tours ........................................................................................................................................................ Management Development ................................................................................................................................ Senior Public Servants Leadership Development Program .............................................................................. Training evaluation .................................................................................................................................................. Assessment ......................................................................................................................................................... Transfer of Learning.......................................................................................................................................... E-Learning Policy .................................................................................................................................................... General Guidelines .................................................................................................................................................. Roles and Responsibilities........................................................................................................................................ The Human Resource Management Directorate (HRMD) ............................................................................... Permanent Secretaries ....................................................................................................................................... E-learning Users................................................................................................................................................. 97 Public Service Handbook 2013 Training and Development Policy Introduction The Turks & Caicos Islands Government values its people as a key means in the achievement of goals and the delivery of excellent customer service. Against an ever-changing global environment and increasingly complex local political, social and cultural structure, the Government views the development of talent and a collective spirit of agility as the new order for success. Investing therefore, in people development is a foremost consideration, particularly in the Public Service where the greater percentage of local-based talent resides, and there is growing demand for best-in-class services from an expanding international customer base. The Turks & Caicos Islands Public Service is structured largely along Ministerial lines and at times financial resources are allocated differently. The Ministries’ strategic goals and technical operations generally define the budget scope. However, with growing sophisticated market demands; the presence of an expanding and highly diverse expatriate population; an upgraded performance management system; and officers’ expectations that Training & Development would align their career paths with succession opportunities; the Government recognizes that investment in building human capital is top priority. The Human Resource Management Directorate is the Public Service arm that actively pursues a mission of effective end-to-end people management. An integral sub-entity is the Training & Development Unit which has the responsibility for helping the Ministries to develop talent, competencies and build capacity. The Unit espouses a vision of people development for first-rate services in the 21st Century which is executed through first rate Training & Development and Organisation Development activities. Training as a function comprises systematically planned learning experiences that are aligned with organisational and individual needs. Long-term development is interlinked with training and aims at maximizing individual potential in career life. The function involves building competencies for the future such as general management, supervisory expertise, leadership capabilities, change management skills, decision-making prowess and problemsolving proficiency, all of which empower individuals to assume future senior job roles. Organisation Development consists of the implementation of planned change initiatives and programmes that increase the organisation’s effectiveness, relevance and viability. In building capabilities for the 21st Century Public Service, the Human Resource Management Directorate facilitates the Government’s vision of propelling the country forward through knowledgeable, competent and flexible people. Senior Management Support Senior Management support for Training & Development is manifest in the Public Service Ordinance, level of budgetary allocation, the role and status of the Training & Development Unit, and the expectations held by those in the highest offices. These are reflected in senior management’s action to: Integrate Training & Development with the Public Service strategic agenda and those competencies assessed under the revised performance management system Support the regular review of the Training & Development policy Provide the necessary information and resources for effective Training & Development Recognize and address their own Training & Development needs. 98 Public Service Handbook 2013 Training and Development Process Training Needs Analysis Training & Development bridges the gap between individual and organisational competencies. In order to commit resources prudently, the Training & Development Unit acquires current information on the knowledge/skills deficit through a comprehensive Training Needs Analysis. The Training Needs Analysis is a collaborative process which assesses organisational goals, determines the training needs required to achieve those goals and identifies the training priorities that will make the greatest contribution to the organisation. Each year senior level leaders are responsible for submitting specific training needs information by January 31 st to the Training & Development Unit. This includes priority training needs, specified target groups and desired training period, all of which inform budgetary allocations and the annual training plan. In conjunction with the Training Needs Analysis, the Training & Development Unit engages in good information management to ensure that all Ministries benefit from its services. No one Ministry dominates the Training & Development budget to the detriment of others or the wider goals and objectives of the Public Service. The Unit endeavors to ensure that the balance of human capital growth activities matches the organisation’s needs and that critical training gaps are closed. Annual Training Plan and Monthly Schedule Following the completion of the annual Training Needs Analysis, the Training & Development Unit compiles an annual Public Service training plan, along with a budget proposal. Following approval, the plan is executed systematically, drawing in many instances, on the internal talent to drive customized in-house training. The Training & Development Unit then compiles and publishes via organisational communication channels a monthly in-house training schedule. Senior Leaders are expected to notify their teams of the training offerings and source through their Ministry nominated coordinators, the various nominations for attendance at training. The Training & Development Unit keeps up-to-date information on trainee participation. The Heads of Department partner with the Unit to provide participation information throughout the year. This information is recorded for the purposes of reporting, tracking budget expenditure and managing organisational and individual performance. Reporting on Training and Development Each quarter the Human Resources Manager - Training will submit a report on the activities and outcomes for the previous quarter and their relationship to organisational priorities. Annually the Human Resources Manager - Training will submit and present a report to the Public Service Commission on the Training activities for the past year and the forthcoming year's priorities. 99 Public Service Handbook 2013 Training and Development Programmes Provided On-the-Job Training On-the-Job training refers to the job-related training that an officer receives while executing the role. This learning method is widely used in the Public Service to strengthen individual capacity and knowledge. Traditionally it has been referred to as informal training and is highly cost-effective. Leaders or senior officers generally drive this training function. On-the-Job training is designed using SMART goals formula to provide focused learning. SMART goals refer to goals that are specific, measurable, attainable, resource-focused and time-bound. Based on the job skills to be grown, leaders will use their discretion to allocate a suitable learning timeframe. A judicious mix of adult learning theory should also be employed for best results. These include: Concrete Experience (learners draw on personal experience); Reflective Observation (learners reflect on what they observe); Abstract Conceptualization (learners analyze and apply theory); Active Experimentation (learners practice what they learn in a safe environment). Leaders must keep a record of officers’ progress and learning outcomes via the annual performance review process for human resource deployment purposes. Job Rotation Programme Heads of Departments may assign officers to different job roles within their Ministries to facilitate knowledge/skills expansion and bench strength development. Bench strength refers to building critical job skills for sustained operational effectiveness where absences or turn over occur within a department. Heads of Department will partner with the Training & Development Unit to execute the Job Rotation Programme. They must present a simple, concise training plan to the Unit that contains the training objectives, targeted knowledge/skills growth area/s, learning outcomes and actual results. This information would form the basis of a talent pool at the Ministry level, which could be tapped when human resources are required to support operational demands. The rotation period for officers should not exceed six months at the end of which the respective leader must evaluate the officer’s performance. Where gaps exist at the end of the training period, the Head of Department could make a discretionary call to extend the Job Rotation time for the officer within the respective department. In-house Training The Human Resource Manager – Training, Heads of Departments, Supervisors, Professional technocrats and external Consultants will provide in-house training as a means of building critical job skills and competencies. In-house training refers to training activities that are facilitated internally. These interventions should be aligned with the annual Training Needs Analysis, which incorporates organisational priorities, and suitably designed using adult learning theory, clear learning objectives, well-customized contents and expected learning outcomes. Training courses must be facilitated at the highest standard. This includes the use of thoroughly customized training designs; current training principles; incorporation of adult learning principles; appeal to diverse learning styles; reliance on a mixed training methodology and compelling presentation features. Effective training design and development supports positive learning experiences and a higher chance of learning transfer. The Human Resource Manager – Training will review all in-house training designs and material prior to the delivery of courses for adherence to these standards. The Training & Development Unit will partner with client Ministries and Government Agencies to coordinate in-house training events. Its interface will focus largely on information concerning officer 100 Public Service Handbook 2013 participation; training event dates; venues; schedules; and training material. Most of this interface will be conducted electronically. Permanent Secretaries and Heads of Departments will ensure that training information is filtered down to participants to ensure in-house training effectiveness and the proper use of Government resources. Course Facilitators will operate on an inter-island basis to deliver in-house training events. The Training & Development Unit will partner with senior Public Service officials and technocrats who facilitate courses to arrange and sponsor their commute between the islands. External Training In some instances, officers will attend external training such as public courses, workshops, seminars and conferences. This would occur where the pool of resident trainers do not possess the technical expertise to lead the learning specified at the Training Needs Analysis. Officers must participate in external learning that aligns with organisational needs. Upon return from external training, participants would be expected to submit a written report on the learning that was acquired and how it would be applied to the respective department. The Training & Development Unit will coordinate all external training and keep records of participant attendance. It will negotiate course rates with external service providers to create cost savings, where possible. All Ministries would be expected to provide a monthly account to the Training & Development Unit of expenditure on external training in the fiscal year. Reports would be due on the 30 th of each month. The Training & Development Unit would then submit a consolidated report to the Human Resources Director for review by the Deputy Governor. Attachments An officer may be placed on attachment for a specified period to an external organisation or another Ministry to acquire technical experience, operational insight and exposure to best management practices. In gathering this technical learning, the officer would be expected to implement the practices, where relevant, in order to enhance operational effectiveness. Attachments must be formalized in collaboration with the Training & Development Unit. The Head of Department must submit the learning objectives of the attachment; highlight how they align with departmental objectives; and identify the way in which the Ministry could benefit from the attachment. The Training & Development Unit will review the application with a view to approval. Once the officer proceeds on the attachment, he/she must bear in mind that data collection, documentation and report preparation play an integral role in the learning experience. This is to ensure that the knowledge acquired is managed effectively and can be filtered across the department, where relevant. Upon return from the attachment, the officer would prepare a report on the actual learning, its application and benefits to the department. A copy of the report must be submitted to the Training & Development Unit. Budgeting for this type of initiative will be done at Ministry level with the in-house financial resources available in any given year. Financial support may cover a Travel per diem for the officer. Cost information should also be included in the report and submitted to the Training & Development Unit. Exchange Programmes Where possible, exchange programmes may be arranged between institutions or agencies at local, regional and international levels. The Training & Development Unit shall be involved in the 101 Public Service Handbook 2013 coordination, monitoring, documentation and evaluation of such programmes. Heads of Department must submit to the Unit information on the respective Exchange programme content, period targeted, proposed costs, expected outcomes and benefits of participation. This preliminary measure ensures that all Exchange programs align with departmental goals and objectives. The Training & Development Unit will review the request and approve participation in the Exchange Programme. An Exchange Programme database will be established at the Training & Development Unit to capture the knowledge, skills and competencies grown through such experiences. This database will serve as a talent pool for succession planning goals. Upon return, Exchange Programme participants would be required to submit a report to the Head of Department on the experience, learning acquired, application and benefits. A copy must also be forwarded to the Training & Development Unit. Budgeting for Exchange Programme participation is provided at Ministry level. A cost report is submitted to the Training & Development Unit. Study Tours Officers may undertake study visits to internal or external agencies to observe and learn their unique operations, as well as exchange experiences, ideas and skills. The participating officer should ideally apply the new and relevant knowledge to his Ministry’s operations with a view to upgrading its service standards. Following the study visit, the officer should submit a report to his/her respective leader. A study visit should ideally not exceed one day. Management Development Given their role and importance to organisational success, all managers should participate in developmental activities. These could take the form of seminars, in-house courses, conferences and online programmes. Participation in such activities would strengthen the leadership layers, develop a more professional workplace culture, improve performance and facilitate succession planning. Leadership sets the workplace tone, influences team values and behaviours, shapes workplace morale and facilitates organisational performance. Developmental programmes therefore, are critical to sustaining a standardized leadership approach, which influences high performance and quality customer service. Senior Public Servants Leadership Development Program The bi-annual Senior Public Service Leadership Development Programme will form part of continuous learning experiences for team leaders. The overall goal is to enhance performance and facilitate succession planning. Training evaluation Assessment Public Service training is effective when the learning achieved matches the objectives outlined at the start. Assessment for a match is generally conducted at the end of a training course. The instrument used to evaluate the learning experience consists of a survey form, which gleans feedback on various aspects of the training. The information may include the achievement of training objectives, key 102 Public Service Handbook 2013 learning topics, expected impact of the training on participants’ job, facilitator’s delivery, participants’ recommendation of the training course to colleagues and general comments. The evaluation form in essence, captures the successes and growth areas of the training intervention. Where growth areas for training are identified, every endeavor should be made to improve the quality of in-house training intervention. Some measures of successful Training & Development in the Public Service may include: The quantification of current skills and competencies across the system The ability to demonstrate a link between Training & Development activities and: o Enhanced staff capabilities o Improved people or service performance The existence of personal development plans for staff which reflect their own and the Public Service’s learning requirements Increased investment in Training & Development based on proven success. Transfer of Learning The Training & Development Unit will track transfer of learning to measure the extent to which participants have transferred the training skills and knowledge to the job following their learning experiences. Tracking transfer is critical to identifying whether: The organisation has benefitted from Training & Development interventions The return on investment was worthwhile Future budgets would increase based on learning transfer outcomes. The methodology for tracking the Transfer of Training includes: 1. Transfer of Learning Survey Instrument: This survey tool measures the degree to which the participants transferred learning to the job. 2. Post-Training Testing: Where required, facilitators and consultants will develop formal posttraining tests to measure the degree to which participants have achieved the learning. These tests may be developed around the training objectives established at the outset. The tests are conducted in the work environment where the trainees operate. 3. Team Meetings: These are held by Heads of Department and Supervisors to monitor the application of learning. These ideally should be held once a month to discuss the training principles that were covered in the course and the challenges of transfer that the participants encounter. Where required, and for in-house training that is designed and implemented by internal talent, the Training & Development Unit will schedule refresher training sessions that address the existing transfer of learning challenges. 4. On-the-Job Project Work: On-the-Job project work that is linked to the training course principles will provide greater opportunity for transfer of learning. The projects may be technical and used to measure transfer of learning principles. For critical soft skills such as customer service, internal facilitators may follow up on learning transfer by visiting and conducting on-site service transactions involving the trainees. 103 Public Service Handbook 2013 E-Learning Policy The Turks and Caicos Islands Government (TCIG) is committed to supporting the continuous development of Public Service officers through the alignment of technology as a positive force with adult learning principles. In a borderless world with information available at a click, the TCIG recognizes that self-paced, web-based learning is an effective alternative to the classroom. This may be so particularly for senior officers where time as a finite resource must be prudently balanced. Elearning is an attractive, practical option for high level groups that implement organizational goals, lead teams and manage performance for success, all the while building their knowledge, skills and competencies for the future. The UK Civil Service Learning (CSL) website is an innovative platform for facilitating interactive experiences. TCIG has formed a partnership with the UK Government to participate in its web-based learning programme, on a pilot basis from January 01, 2013 to Mar 31, 2014. Going forward, attendance at CSL e-learning courses will be purchased at the applicable rate. The goals of the CSL are: To create a self-paced, e-learning environment that promotes knowledge transfer in generic course areas. To connect e-learning to both departmental and individual work goals. To serve as a viable learning option for high level groups within the TCIG. General Guidelines Each Ministry under the TCIG will: Implement the e-learning policy for senior officers. This includes the Deputy Governor, Permanent Secretaries, Deputy Secretaries, Heads of Department, Unit Managers and other senior officers with a degree-level qualification. Participate in the web-based learning pilot until June 30, 2013. Align participation in web-based learning with departmental and individual performance gaps, work plans or career goals. Ensure that operational objectives are met while balancing e-learning. Roles and Responsibilities The Human Resource Management Directorate (HRMD) Operates as the administrator for the e-learning policy. It communicates the policy, oversees its implementation and acts as a liaison between the TCIG and the Overseas Territory Department (OTD) in the United Kingdom. Advises in conjunction with the OTD on technical aspects of e-learning where issues arise concerning access to e-courses. Tracks e-learning in order to ensure return on investment, prepares monthly progress reports on the 25th day of each month, and monitors the overall implementation of web-based learning at TCIG. 104 Public Service Handbook 2013 Permanent Secretaries Drive the e-learning programme at Ministry level. Ensure that the targeted user group benefits from e-learning and approves access after consultation with employees. Verify that web-based courses dovetail with individual training, work plans and career development needs. Monitor users’ experience with e-learning and coordinate the preparation of a monthly summary report on the 20th day of every month for submission to the Human Resource Manager – Training & Development. Encourage leaders to allow users time during the work day to pursue e-learning. For example, a user could be granted two hours daily for a short period to participate in an online course until his/her completion of same. Ensure that the hours devoted by users to e-learning are documented and submitted in a report on a monthly basis to the Human Resource Manager – Training & Development. E-learning Users Maximize the use of the CSL web-based course pilot period. Pursue online courses that support their training needs. Report web-based issues to the Human Resource Manager – Training & Development. Apply the TCIG’s Code of Conduct to their e-learning experiences. Keep an accurate account of e-learning hours. Safeguard e-learning passwords for their own use. Refuse ineligible officers access to the CSL website for the purpose of pursuing training courses under their names. Report any violation of the e-learning policy to the Human Resource Manager – Training & Development. 105 Public Service Handbook 2013 Appendix 7 – Grades and Salaries Salary Scales 106 Public Service Handbook 2013 Turks and Caicos Islands Public Service Salary Scales as at 1st February 2013 Basic Salary SALARY RATE CODE ANNUAL RATE from 1st February 2013 Salary on T Scale T1 $15,720 T2 $16,080 T3 $16,440 T4 $16,800 T5 $17,160 T6 $17,520 T7 $17,880 T8 $18,240 T9 $18,600 T10 $21,000 T11 $21,360 T12 $21,720 T13 $22,080 T14 $22,440 T15 $22,800 T16 $23,400 T17 $23,760 T18 $24,120 T19 $24,480 T20 $24,840 T21 $25,200 T22 $26,940 T23 $27,480 107 Public Service Handbook 2013 SALARY RATE CODE ANNUAL RATE from 1st February 2013 T24 $28,020 T25 $28,560 T26 $29,100 T27 $29,640 T28 $31,680 T29 $32,520 T30 $33,360 T31 $34,200 T32 $35,040 T33 $35,880 T34 $38,880 T35 $39,960 T36 $41,040 T37 $42,120 T38 $43,200 T39 $44,400 T40 $45,300 T41 $46,200 T42 $47,100 T43 $48,000 T44 $49,800 T45 $50,400 T46 $51,300 T47 $52,200 T48 $53,100 T49 $54,000 T50 $54,900 T51 $55,800 T52 $56,700 108 Public Service Handbook 2013 SALARY Salary on Teachers, Nurses, Firefighters Scale RATE CODE ANNUAL RATE from 1st February 2013 T53 $57,600 T54 $63,600 T55 $64,500 T56 $65,400 T57 $66,300 T58 $67,200 T59 $67,800 T60 $68,700 T61 $69,600 T62 $70,500 T63 $71,400 T64 $72,720 T65 $74,220 T66 $75,780 T67 $77,220 T68 $78,720 TNF1 $16,200 TNF2 $16,680 TNF3 $17,040 TNF4 $17,460 TNF5 $17,880 TNF6 $18,300 TNF7 $18,720 TNF8 $22,140 TNF9 $22,680 TNF10 $23,280 TNF11 $23,760 TNF12 $24,360 109 Public Service Handbook 2013 SALARY RATE CODE ANNUAL RATE from 1st February 2013 TNF13 $24,720 TNF14 $25,200 TNF15 $25,500 TNF16 $25,800 TNF17 $26,100 TNF18 $26,460 TNF19 $27,060 TNF20 $27,840 TNF21 $28,500 TNF22 $29,160 TNF23 $29,760 TNF24 $30,360 TNF25 $31,020 TNF26 $32,520 TNF27 $33,540 TNF28 $34,560 TNF29 $35,520 TNF30 $36,480 TNF31 $37,500 TNF32 $39,000 TNF33 $40,200 TNF34 $41,400 TNF35 $42,600 TNF36 $43,800 TNF37 $45,000 TNF38 $47,100 TNF39 $48,000 TNF40 $48,920 110 Public Service Handbook 2013 WAGES Fortnightly Paid RATE CODE Grade 1 Point A: 1-10 years Grade 1 Point B: 11-20 years Grade 1 Point C: Over 20 years Grade 2 Point A: 1-10 years Grade 2 Point B: 11-20 years Grade 2 Point C: Over 20 years Grade 3 Point A: 1-10 years Grade 3 Point B: 11-20 years Grade 3 Point C: Over 20 years Grade 4 Point A: 1-10 years Grade 4 Point B: 11-20 years Grade 4 Point C: Over 20 years Grade 5 Point A: 1-10 years Grade 5 Point B: Over 10 years Grade 6 HOURLY RATE from 1st February 2013 $5.30 $5.65 $6.00 $6.10 $6.50 $7.00 $7.65 $8.00 $8.40 $10.20 $10.75 $11.25 $12.20 $12.75 $13.25 Note: The annual equivalent for fortnightly paid is based on 39.75 hours per week for 52 weeks. 111 Public Service Handbook 2013 Appendix 8 – Grading Policy Job Grading Policy 112 Public Service Handbook 2013 10. Job Evaluation and Grading Policy There is a job evaluation system for all positions in order to: establish the relative worth of positions enable all positions to be allocated to a grade within the pay structure ensure that pay is allocated on a fair and consistent basis. A representative Job Evaluation Committee is the body responsible for job evaluation and grading recommendations. There is a set of terms of reference for the Job Evaluation Committee so that the Committee acts in a fair and consistent manner and determines the relative relationship among positions within the Public Service. Generally the Job Evaluation Committee will meet at least quarterly. Recommendations from the Job Evaluation Committee are approved by the Deputy Governor. The Job Evaluation Committee will use the Grade Level Standards for Grading and Job Evaluation which act as criteria for the grading of positions. The grading and associated salary levels for positions will always be subject to financial provisions being available. 10.1. Job Evaluation and Grading Procedure 1. A job description on the approved template in the Public Service Handbook is completed by the relevant Ministry for each position approved in the Budget Estimates. 2. The job description is approved by the relevant Permanent Secretary and forwarded to HRM Directorate for final approval. 3. All jobs are evaluated by the Job Evaluation Committee. 4. The Job Evaluation Committee may make recommendations regarding the title of a position. 5. HRM Directorate is responsible for documentation of the outcomes of the Job Evaluation Committee and keeping the grading records. 6. Grades applied are approved by the Deputy Governor. Where the Deputy Governor seeks to make any changes, there will be a meeting between the Chair of the Job Evaluation Committee and the Deputy Governor. 7. HRM Directorate will advise the Ministry of the grade to be applied to the position. 113 Public Service Handbook 2013 10.2. Procedure for New Positions The job description for any new positions will go through the above procedure. In addition, there is a process for approval by the Chief Financial Officer confirming budget availability for expenditure of salary associated with the grade. 10.3. Procedure for Re-grading Requests Where there has been significant change to a particular position, an application for re-grading can be submitted. Generally re-grading will only be considered where changes in the required skills and responsibilities in a position has occurred due to business need. Such changes would be related to duties and responsibilities that are being performed at least 80 percent of the time. Re-grading of posts are always subject to availability of budget. The following will apply: 1. The Head of Department will revise the Job Description and submit it, together with an Application for Regrading, to the Permanent Secretary before referral to HRM Directorate. 2. The Job Description and Application for Re-grading are presented to the Job Evaluation Committee. 3. The recommendations from the Job Evaluation Committee are presented to the Deputy Governor and Chief Financial Officer for approval. 4. HRM Directorate will advise the Permanent Secretary, Head of Department and incumbent of the result of the application for regarding. 5. If the position is re-graded, the incumbent is paid at the new grade with effect from the date of the Job Evaluation Committee meeting at which it was considered. They are placed on the lowest increment point of the new grade that provides an increase in salary. 10.4. Appeals Against Grades Allocated An officer or Head of Department dissatisfied with the grading of a position may appeal in certain situations against the grade being applied. Because grading decisions are made by a Committee with representation from Ministries and the Civil Service Association, generally only appeals that can show evidence of an error or lack of due process are heard. The grounds for appeal which must be supported by evidence may include: there has been an error of job information or evaluation process the job description did not provide accurate information it is believed that an equivalent job is more highly graded. The following procedures will occur: 1. Appeal applicant provides notification of appeal within 14 days of notification of grading outcome, including evidence that relates to the appeal grounds, in writing addressed to the Director, Human Resources. 2. The appeal and related information on the process that was used to grade the position is provided to the Appeals Committee. 3. The Appeals Committee will hear the appeal , within 21 days of the receipt of the appeal, by considering the written evidence in front of it. 4. The Appeals Committee will make a determination as to the result of the appeal and may either uphold the grading decision or refer the decision back to the Job Evaluation Committee for further consideration. 114 Public Service Handbook 2013 5. Where a decision of the Job Evaluation Committee is changed due to consideration of an appeal, the date of effect of the new grade is the date that the original decision would have been put into effect. The Appeals Committee will consist of the Director, Human Resources and two other members of the Job Evaluation Committee, one of whom was present at the meeting where the job was graded. 10.5. Pay Protection When jobs are evaluated and the grade allocated equates to a basic salary which is less than that which the incumbent is being paid, pay protection will be applied. Pay protection means that the basic salary amount currently being paid to an incumbent will continue to be paid as 'personal to holder'. The position is graded according to the approved result and the associated salary applies effective the date that the incumbent vacates the position. The following will apply: Pay protection is in place for as long as the incumbent holds the same position or until the salary in the new grade equals or exceeds the protected salary. In the case of a position which is appointed on contract, the incumbent is protected for the period of the current contract. The pay protection will come in force from the date at which the grade change is to be effective. If an officer is 'pay protected' and is appointed to another position at their instigation, the pay protection no longer applies. Pay protection does not apply to an officer who applies for and is successful in appointment to a lower grade. 115 Public Service Handbook 2013 Appendix 9 – Increments Policy Increments Policy 116 Public Service Handbook 2013 Currently the increment system is frozen until further notice, due to the country's economic situation. 117 Public Service Handbook 2013 Appendix 10 – Working Hours Working Hours 118 Public Service Handbook 2013 1. Office Hours Each Ministry's and Department's office will open during the nominated Office Hours. The Office Hours are: Monday to Thursday 8:00am to 4:30pm Friday 8:00am to 4:00pm 2. Normal Working Hours 2.1 Standard Working Hours Officers who work in a Ministry or Departmental office will work the following hours from Monday to Thursday: 8:00am to 12:30pm 2:00pm to 4:30pm. They will work the following hours on a Friday: 8:00am to 12:30pm 2:00pm to 4:00pm. Some officers will need to work over the standard lunch period in order to keep the office open. They are able to take either an earlier or later lunch period of equivalent amount of time. Lunch time is not counted as working hours. Part-time officers will work a proportionate amount of the above hours based on the proportion of their employment, e.g. an officer employed on a 0.5 basis would work 17.25 hours across the office hours. 2.2 Other Standard Working Hours Other working hours may apply in a particular department or unit due to their business needs. The working hours must be approved by the Permanent Secretary and will meet the following rules: 1. A minimum of 7 working hours per day, or 6.5 working hours per day for Fridays (prorata for part-time officers). 2. Lunch time is not counted as working hours. 3. A lunch break must be taken and scheduled at least 5 hours from the start time for a minimum of 30 minutes (except part-time officers who work less than 5 hours in one day). 4. Officers will be provided with an outline of their working hours in writing. 119 Public Service Handbook 2013 3. Other Patterns of Working Hours 3.1 Shift or Roster Systems Some officers are required to work on a shift or roster system. This will be noted on the job description. The Delegated Manager will determine the shift pattern or roster. The shift pattern or roster will be given to officers in writing at least 7 working days before its operation. The following rules apply to any such systems: 1. The total hours of work will be on average no more than 40 hours per week and no less than 34.5 hours per week over the period of a month (pro rata for part-time officers). 2. In any one week, the working hours will not exceed 48 hours. 3. In any one day, the working hours will not exceed 12 hours. 4. In any one day, at least 11 consecutive hours are not scheduled for work . 5. Lunch time is not counted as working hours. 6. Lunch time will be a minimum of 30 minutes. 7. A lunch break must be taken if the work day is more than 6 hours. 8. At least one day each week will be free of working hours. 3.2 On Call Some officers may be required to be on call. This will be noted on the job description. The Delegated Manager will advise the officer of the details of on call arrangements. The following rules apply to on call arrangements: 1. An officer will be paid the appropriate on call allowance. 2. Where an officer is called to work, they may be granted the equivalent time off during working hours. 4. Additional Hours and Overtime Overtime is subject to requirements in Clause 8.4 of the Public Service Handbook. Generally Delegated Managers should ensure that officers do not work excessive additional hours overtime. Officers must not work more than 72 hours per week, except in the case of declared emergencies. 120 Public Service Handbook 2013 Appendix 11 – Allowances Allowances 121 Public Service Handbook 2013 Contents Allowances .............................................................................................................................................................. Housing Allowance............................................................................................................................................. Child Allowance ................................................................................................................................................. Transport Allowance.......................................................................................................................................... Telephone Allowance ......................................................................................................................................... Island Allowance ................................................................................................................................................ Relocation Expenses for Expatriates ................................................................................................................. Re-Settlement Loan on Appointment/Transfer ................................................................................................. Responsibility Allowance ................................................................................................................................... Acting Allowance ............................................................................................................................................... Long Service Allowance ..................................................................................................................................... Shift Allowance .................................................................................................................................................. On Call Allowance ............................................................................................................................................. Duty Allowance .................................................................................................................................................. Professional Allowance ...................................................................................................................................... Materials Allowance........................................................................................................................................... Education Allowance.......................................................................................................................................... Allowances Allowances are payable when certain circumstances are in place. Accordingly an officer must meet the criteria in relation to the allowance to be eligible for payment of the allowance. If circumstances change or the officer no longer meets the criteria for the allowance, payment of the allowance will cease. The rates of allowances and the associated criteria are set out below. At the time of appointment, applicable allowances will be advised to the officer by the Human Resource Management Directorate. When an officer becomes eligible for an allowance beyond commencement, they should bring the matter to the attention of the Head of Department and request approval as required. Payment of allowances is subject to sufficient provision in the Budget Estimates. The relevant Accounting Officer must sign off and give approval. Confirmation of eligibility is made by the Human Resource Management Directorate before any payments are made to the officer. Generally back payment is not available and so officers should ensure that timely requests are made. Under no circumstances would any back payment be made beyond the start of the current financial year. When an officer is no longer eligible for an allowance, they will be advised that the allowance is being discontinued. Generally this would be at least one month in advance of the effective date. Housing Allowance A Housing Allowance is payable when an officer: a) is appointed from overseas and has not yet completed 4 years of service, or b) is transferred to a different island from the island on which they were first appointed to the Public Service and have not been living on that different island for more than 3 years, or 122 Public Service Handbook 2013 c) was in category a) above, and is appointed on a temporary basis for a further period of time, up to a maximum of a further two years. This means that an officer appointed from overseas could receive housing allowance up to a maximum of six years. Housing Allowances contribute to out-of-pocket expenses for housing for a period of time, they are not intended to fully compensate an officer for all costs incurred. Where there are married officers eligible for the Housing Allowance living at the same address, only one allowance is payable and it is made to the officer in the higher grade. One of the following amounts is payable based on situation as approved by the relevant Permanent Secretary. For certain senior or specialist positions, the Deputy Governor may approve a higher rate based on attraction and retention issues. HOUSING ALLOWANCE SITUATION MONTHLY RATE from 1st February 2013 Grand Turk Married: Salary T1 to 15 or TNF1 to 10 $535.00 Grand Turk Married: Salary T16 to 38 or TNF11 to 35 $595.00 Grand Turk Married: Salary T39 to 68 or TNF36 to 40 $650.00 Grand Turk Single: Salary T1 to 15 or TNF1 to 10 $415.00 Grand Turk Single: Salary T16 to 38 or TNF11 to 35 $475.00 Grand Turk Single: Salary T39 to 68 or TNF36 to 40 $535.00 North Caicos Married: Salary T1 to 15 or TNF1 to 10 $650.00 North Caicos Married: Salary T16 to 38 or TNF11 to 35 $700.00 North Caicos Married: Salary T39 to 68 or TNF36 to 40 $750.00 North Caicos Single: Salary T1 to 15 or TNF1 to 10 $500.00 North Caicos Single: Salary T16 to 38 or TNF11 to 35 $575.00 North Caicos Single: Salary T39 to 68 or TNF36 to 40 $650.00 Providenciales Married: Salary T1 to 15 or TNF1 to 10 $750.00 Providenciales Married: Salary T16 to 38 or TNF11 to 35 $775.00 Providenciales Married: Salary T39 to 68 or TNF36 to 40 $850.00 Providenciales Single: Salary T1 to 15 or TNF1 to 10 $615.00 Providenciales Single: Salary T16 to 38 or TNF11 to 35 $660.00 Providenciales Single: Salary T39 to 68 or TNF36 to 40 $750.00 123 Public Service Handbook 2013 HOUSING ALLOWANCE SITUATION MONTHLY RATE from 1st February 2013 South Caicos Single: Salary T1 to 15 or TNF1 to 10 $415.00 South Caicos Single: Salary T16 to 38 or TNF11 to 35 $475.00 South Caicos Single: Salary T39 to 68 or TNF36 to 40 $535.00 South Caicos Married: Salary T1 to 15 or TNF1 to 10 $535.00 South Caicos Married: Salary T16 to 38 or TNF11 to 35 $595.00 South Caicos Married: Salary T39 to 68 or TNF36 to 40 $650.00 In a position of: Director; Medical Officer; Legally qualified position; Dental Officer; Veterinary Officer $850.00 Child Allowance A Child Allowance is payable when an officer: a) is transferred to a different island from the island on which they were first appointed to the Public Service and have not been living on that different island for more than 3 years, and b) is legally responsible as a parent or guardian for children under the age of 18 years. One of the following amounts is payable based on situation as approved by the relevant Permanent Secretary. CHILD ALLOWANCE SITUATION MONTHLY RATE from 1st February 2013 One Child $30.00 Two Children $60.00 Three Children $90.00 Four or more Children $120.00 Transport Allowance A Transport Allowance is payable when an officer: a) is appointed in a position which requires regular travel by vehicle, and b) is required to use his/her own vehicle on a regular basis in order to undertake his/her duties. A Transport Allowance does not cover travel to and from the place of work. The vehicle used in the course of performing duties must be in a safe and road worthy condition, as well as properly and currently insured and licensed. Evidence of ownership and registration/insurance is to be provided to the authorising officer. One of the following amounts is payable as approved by the relevant Permanent Secretary. 124 Public Service Handbook 2013 TRANSPORT ALLOWANCE SITUATION Salary T1 to 15 or TNF1 to 10 OR job requires low level of vehicle usage Salary T16 to 38 or TNF11 to 35 OR job requires medium level of vehicle usage Salary T39 to 68 or TNF36 to 40 OR job requires high level of vehicle usage MONTHLY RATE from 1st February 2013 $140.00 $185.00 $230.00 Telephone Allowance A Telephone Allowance is payable when an officer: a) is required to use their own phone on a regular basis in order to undertake their duties, or b) is required to make or receive official telephone calls at their place of residence and their telephone number is listed in the telephone directory. One of the following amounts is payable as approved by the relevant Permanent Secretary. TELEPHONE ALLOWANCE SITUATION Salary T1 to 15 or TNF1 to 10 OR job requires low level of telephone usage Salary T16 to 38 or TNF11 to 35 OR job requires medium level of telephone usage Salary T39 to 68 or TNF36 to 40 OR job requires high level of telephone usage MONTHLY RATE from 1st February 2013 $60.00 $100.00 $150.00 Island Allowance An Island Allowance is payable to an officer: a) who is transferred to another island, unless it was the island where they were first appointed, for the period of time they are stationed on the island of transfer; or b) who is stationed on the island of Providenciales. One of the following amounts is payable based on situation as approved by the relevant Permanent Secretary. ISLAND MONTHLY RATE from 1st February 2013 Grand Turk $150.00 Middle Caicos $130.00 North Caicos $150.00 Providenciales $200.00 Salt Cay $130.00 South Caicos $130.00 125 Public Service Handbook 2013 Relocation Expenses for Expatriates Relocation expenses apply when an officer from overseas is appointed to a position. The following is paid from government funds: a) reasonable travelling expenses at the rates approved by the TCI Public Service for the officer, their spouse and up to 2 children under the age of 16 to TCI and from TCI to their home country on completion of the contract, and b) hotel subsistence rates for a period of 5 days on first arrival (at the rate as listed in Appendix 12), and c) cost of transporting personal effects by sea not exceeding 3 cubic meters both to TCI and from TCI to their home country on completion. Where the family does not accompany the officer, for their travelling expenses to be paid by the TCI Public Service, they must arrive within 3 months of the officer's appointment and return in advance of not more than 3 months of completion. An officer's personal effects and a vehicle can usually be bought into the TCI duty free if done so within the first 6 months of the officer's appointment. This is under Customs first arrival scheme and may change without notice. Any payment of relocation expenses is subject to the conditions in the contract of employment with the officer. Re-Settlement Loan on Appointment/Transfer On first appointment or on transfer to another island, officers may request a loan of up to the equivalent of one month's salary. The loan is paid back in equal proportions over a period of up to six months. The officer will elect the amount of the loan up to the equivalent of one month's salary, and the time period for repayment up to six months. Then the appropriate amount is deducted from the officer's salary over the agreed time period. This arrangement is subject to approval by the Permanent Secretary on the recommendation of the Head of Department. Responsibility Allowance A Responsibility Allowance is payable when an officer: a) is required to perform additional duties of another post for up to 6 months, or b) is required to perform additional duties of a temporary nature beyond the duties described in the job description for up to 6 months. A Responsibility Allowance is not payable when an officer is on vacation leave. One of the following amounts is payable based on situation as approved by the relevant Permanent Secretary. RESPONSIBILITY ALLOWANCE SITUATION MONTHLY RATE from 1st February 2013 Responsibilities related to work for a job with Salary T1 to 15 or TNF1 to 25 $150 per month Responsibilities related to work for a job with Salary T16 to 38 or TNF11 to 35 $250 per month Responsibilities related to work for a job with Salary T39 to 68 or TNF36 to 40 $350 per month 126 Public Service Handbook 2013 Acting Allowance The conditions for an Acting Allowance are full detailed in Paragraph 3.7 in the Public Service Handbook. Long Service Allowance The Long Service Allowance is payable when an officer has completed 10 years of continuous service. As further continuous service is achieved, the rate increases according to the table below. One of the following amounts is payable based on situation as approved by the relevant Permanent Secretary. LONG SERVICE ALLOWANCE SITUATION MONTHLY RATE from 1st February 2013 After 10 years continuous service $50.00 After 15 years continuous service $80.00 After 20 years continuous service $110.00 After 25 years continuous service $140.00 After 30 years continuous service $170.00 After 35 years continuous service $200.00 After 40 years continuous service $230.00 Shift Allowance An officer is paid the shift allowance when they are placed on a shift system for their hours of work. One of the following amounts is payable based on situation as approved by the relevant Permanent Secretary. SHIFT ALLOWANCE SITUATION MONTHLY RATE from 1st February 2013 Officer employed in a role which has a shift system $50.00 Officer employed in a Prison role and placed on a shift system $100.00 On Call Allowance The following allowance is paid to officers who are scheduled on call for substantial periods of time. Overtime is not paid in addition to the allowance. One of the following amounts is payable based on situation as approved by the relevant Permanent Secretary. 127 Public Service Handbook 2013 MONTHLY RATE from 1st February 2013 ON CALL ALLOWANCE SITUATION Employed as a Medical Officer or doctor role and scheduled to be on-call on a 24 hours 7 days a week basis Employed as a Nurse or nursing role and scheduled to be on-call on a 24 hours 7 days a week basis $250.00 $100.00 Duty Allowance The following allowance is paid to officers employed in roles where they are called out for work purposes out of regular hours. Overtime is not payable in addition to the allowance. One of the following amounts is payable based on situation as approved by the relevant Permanent Secretary. DUTY ALLOWANCE SITUATION MONTHLY RATE from 1st February 2013 Employed as a nurse in a midwife role with call-outs $50.00 Employed in a vector control role with call-outs $75.00 Employed in a role with call-outs $100.00 Employed in a social work role with call-outs $110.00 Employed in certain identified Customs/Immigration Taskforce roles Group A* Employed in certain identified Customs/Immigration Taskforce roles Group B** $400.00 $500.00 *Group A - at Assistant Customs/Immigration Officer and Customs/Immigration Officer level for additional hours up to 50 hours per week. **Group B - at Senior Customs/Immigration Officer level and above for additional hours up to 50 hours per week. Professional Allowance The Professional Allowance is paid to officers who hold certain professional positions. The allowance is paid for purposes of attraction and retention. At a minimum the position will require tertiary qualifications and recognition or certification by a prescribed professional association or body. Over time, there will have been evidence of problems with recruitment to the job and/or problems with the level of officers leaving the job. The following amount is payable based on situation as approved by the relevant Permanent Secretary. PROFESSIONAL ALLOWANCE SITUATION MONTHLY RATE from 1st February 2013 Employed in a nominated professional position $500.00 Materials Allowance A Materials Allowance applies when an officer: a) is appointed to a teaching position, and 128 Public Service Handbook 2013 b) is required to purchase materials for use in the classroom by students. The Allowance may be subject to a check by the school principal on the supplies purchased each term. An officer is no longer eligible for the Materials Allowance once they move into roles that do not teach in the classroom. The following amount is payable based on situation as approved by the relevant Permanent Secretary. MATERIALS ALLOWANCE CONDITIONS MONTHLY RATE from 1st February 2013 Employed in a class-room teaching role $100.00 Education Allowance An Education Allowance is payable when an officer is required to perform additional duties on a continuing basis related to a specified role. One of the following amounts is payable based on situation as approved by the relevant Permanent Secretary. EDUCATION ALLOWANCE SITUATION MONTHLY RATE from 1st February 2013 Employed in a teaching role and appointed as a Head of Department within a school $100 per month Employed in a teaching role, holds a specialist bachelor or higher degree, and appointed to teach in the specialist discipline within a school $50 per month 129 Public Service Handbook 2013 Appendix 12 – Subsistence Rates for Official Travel Subsistence Rates for Official Travel 130 Public Service Handbook 2013 The Subsistence Rates for Official Travel are contained within the Policy Guidelines for Official Air Travel by Government Officers. 131 Public Service Handbook 2013 Appendix 13 – Vacation Leave Rates Vacation Leave Rates 132 Public Service Handbook 2013 Vacation Leave Rates The amount of Vacation Leave for which officers are eligible will depend on the level at which they are appointed and in some cases, their length of continuous service. Appointment Vacation Leave Rate Officers at T1 to T2 (or equivalent of scale T1 to T2) with less than 2 years service as at 1 January 15 working days Fortnightly paid Officers with less than 2 years service as at 1 January 15 working days Officers at T1 to T2 (or equivalent of scale T1 to T2) with 2 or more years service as at 1 January 21 working days Fortnightly paid Officers with 2 or more years service as at 1 January 21 working days Officers at T3 to T11 (or equivalent of scale T3 to T11) 21 working days Officers at T12 and above (or equivalent of scale T12 and above) 30 working days Officers not on T scale 30 working days _____________ MADE this 13th day of September 2013 DAMIAN RODERIC TODD GOVERNOR 133