Public Service Commission Senior Executive Service

PUBLIC SERVICE (SENIOR EXECUTIVE SERVICE) REGULATIONS 2003

ARRANGEMENT OF REGULATION

1. Citation

2. Interpretation

3. Application

4. Composition of Senior Executive Service

5. Selection and appointments

6. Contracts for chief executive officers

7. Contracting of senior executive officers

8. Duration of contracts

9. Variation of contracts

10. Renewals of contracts

11. Remuneration and other benefits

12. Leave entitlement

13. Acting appointments and allowances

14. Performance Management

15. Annual Performance Agreement

16. Performance Review

17. Vacation of office

18. Termination and Compensation

19. Resignation

20. Retirement age

21. Paid work outside official duties

22. Grievance procedures

23. Training and Development

24. Transition

PUBLIC SERVICE ACT 1999

Public Service (Senior Executive Service)
Regulations 2003

IN exercise of the powers conferred upon it by section 173(1) of the Constitution and section 15 of the Public Service Act 1999 and with the agreement of the Prime Minister, the Public Service Commission makes these Regulations –

Citation

1. These Regulations may be cited as the Public Service (Senior Executive Service) Regulations 2003.

Interpretation

2. In these Regulations, unless the context otherwise requires –

“chief executive officer” means a Permanent Secretary designated under Section 110 of the Constitution, who occupies a position or office created by the Commission under regulation 4(a);

“Commission” means the Public Service Commission established by section 142(b) of the Constitution;

“Constitution” means the Constitution of the Republic of the Fiji Islands;

“contract” means a contract of employment under regulations 6 and 7;

“Independent Service Commission” means –
(a) the Constitutional Offices Commission;

(b) the Judicial and Legal Services Commission; or

“senior executive officer” means a person in a position or office created by the Commission under regulation 4(b);

“Senior Executive Service” means the Senior Executive Service established under section 9(1) of the Public Service Act 1999.

Application

3. – (1) These regulations apply to public service positions in the Senior Executive Service created by the Commission under regulation 4.

(2) These regulations do not apply to public service positions appointed by other Independent Service Commissions or chief executives and other senior positions in any statutory authority or a government company.

Composition of Senior Executive Service

4. – (1) The Senior Executive Service comprises of –

(a) chief executive officers in senior public service positions created as such by the Commission; and

(b) senior executive officers in other public service positions created as such by the Commission.

(2) The Commission shall publish in the Gazette any position created under sub regulation (1), including the effective date in which the position will become a Senior Executive Service position.

Selection and appointments

5. – (1) Subject to sections 140, 147 and 148 of the Constitution, the Commission must, in appointing persons to a vacant position in the Senior Executive Service, take into account the following to ensure that the selection and appointment is done professionally and with transparency –
(a) appoint a person of high caliber from the public or private sector and who is most capable to undertake the duties and responsibilities of the position; and

(b) take into account any other matter necessary to ensure that the duties and responsibilities are performed with high standards of professionalism.

(2) The Commission must advertise the position–
(a) within the public service and outside the public service in a manner the Commission approves; and

(b) when a position has become vacant.

Contracts for chief executive officers

6. – (1) The employment of a chief executive officer must be governed by a written contract of employment between the chief executive officer and the Commission.

(2) The contract of a chief executive officer must include the following –
(a) title and location of the position;

(b) duration of the contract;

(d) the duties and responsibilities of the chief executive officer;

(e) the performance agreement and performance review mechanism;

(f) a professional development programme;

(g) termination of contract; and

(h) any other terms and conditions.

Contracting of senior executive officers

7. – (1) The employment of a senior executive officer must be governed by a written contract of employment between the senior executive officer and the Commission in consultation with the relevant chief executive officer.

(2) Subject to these Regulations, the Commission shall determine other terms and conditions of the contract for senior executive officers.

Duration of contracts

8. The duration of contract for officers in the Senior Executive Service is up to 5 years and the duration for renewal of contract is up to 3 years.

Variation of contracts

9.The terms and condition of a contract may be varied by written agreement (except for the variation of duration of the contract) between –

(a) for a chief executive officer – the chief executive officer and the Commission; and

(b) for a senior executive officer – the senior executive officer and the Commission in consultation with the relevant chief executive officer.

Renewals of contracts

10.- (1) The Commission must, at the beginning of 12 months immediately before a contract expires, begin to re-negotiate the contract of an officer in the Senior Executive Service.

(2) The Commission must, at the beginning of 3 months immediately before the contract expires, advise the chief executive officer or the senior executive officer in writing whether or not his or her contract will be renewed.

(3) If the contract is for one year, the period under sub-regulation (1) is 6 months and under sub-regulation (2) is 30 days.

Remuneration and other benefits

11. – (1) The Higher Salaries Commission shall determine the remuneration, allowances and other benefits of positions in the Senior Executive Service on the recommendation of the Commission.

(2) The remuneration and other benefits of officers in the Senior Executive Service must contain the following –
(a) base salary; and

(b) any other allowance or benefits determined under sub-regulation (1).

Leave entitlement

12. – (1) An officer in the Senior Executive Service is entitled to annual leave, sick leave, bereavement leave and other leave approved by the Commission.

(2) The Commission may approve other leave conditions and entitlement including leave compensation.

Acting appointments and allowances

13. – (1) If a chief executive officer is for any reason absent from work, the Commission may appoint a senior executive officer, to perform the duties and responsibilities of the chief executive officer.

(2) The officer appointed under sub-regulation (1) is entitled to acting allowance if the chief executive officer is absent for 5 days or more.

(3) If a senior executive officer is, for any reason, absent from work, the Commission may appoint another senior executive officer or another officer not being an officer in the Senior Executive Service to act in that position.

(4) The officer appointed under sub-regulation (3) is entitled to acting allowance if the senior executive officer is absent for 14 days or more.

Performance Management

14. – (1) The Commission may make guidelines for a performance management system for officers in the Senior Executive Service.

(2) A guideline under sub regulation (1) must provide a framework for an Annual Performance Agreement and a mechanism for an Annual Performance Review.

Annual Performance Agreement

15. – (1) The parties to an Annual Performance Agreement and Performance Review are –
(a) for a chief executive officer – the chief executive officer and the Commission; and

(b) for a senior executive officer – the senior executive officer and the chief executive officer in consultation with the Commission.

(2) The performance criteria in an Annual Performance Agreement for a chief executive officer must be agreed to by both parties in consultation with the relevant Minister.

(3) Annual Performance Agreement under this regulation shall have regard to the Ministry’s strategic and annual corporate plan.

(4) An annual corporate plan under sub- regulation (3) must have the concurrence of the relevant Minister.

(5) A chief executive officer or a senior executive officer must have a current position description.

Performance Review

16.- (1) The Commission must carry out at least one review in a year to review the performance of all officers in the Senior Executive Service.

(2) The Commission may, in writing, authorise one or more persons to undertake the performance review of one or more officers or class of officers in the Senior Executive Service.

(3) The review must take into account the performance criteria set out in the Annual Performance Agreement for the position and any other relevant matter agreed to by the parties.

(4) The review of a chief executive officer’s annual performance must be set out in the annual report of the Ministry.

Vacation of office

17. -(1) The position in the Senior Executive Service becomes vacant –
(a) on the death of the holder;

(b) if the holder’s contract expires and is not renewed;

(d) on retirement of the holder; or

(e) on resignation of the holder.

Termination and Compensation

18. - (1) The Commission may terminate the appointment of an officer in the Senior Executive Service on the following grounds –

(a) poor performance as assessed after a performance review;

(b) guilty of a disciplinary offence;

(c) convicted of a criminal offence, which prescribes a penalty of 2 years imprisonment or more or a fine of
$1, 000 or more;

(d) medical grounds; or

(e) a position is de-established or no longer becomes a position in the Senior Executive Service.

(2) The holder of a Senior Executive Service position whose contract is terminated under sub-regulation (1) may, on application to the Commission, be entitled to compensation approved by the Higher Salary Commission on the recommendation of the Commission.

Resignation

19. - An officer in the Senior Executive Service may resign from his or her position by giving either –
(a) 30 days written notice to the Commission; or

(b) a month’s pay in lieu of notice.

Retirement age

20. – (1) The retirement age for officers in the Senior Executive Service is 60 years.

(2) Notwithstanding sub regulation (1), the Commission may extend the retirement age on a case-by-case basis.

Paid work outside official duties

21. - An officer in the Senior Executive Service must not undertake any paid employment outside his or her duties and responsibilities without the written approval of the Commission.

Grievance procedures

22. - (1) If an officer in the Senior Executive Service is aggrieved by the decision of the Commission or of the chief executive officer in relation to the termination of his or her employment, the Commission and the aggrieved officer must, within 7 days from filing the notice under sub regulation (4), agree on an Independent Grievance Mediator to enquire into the grievance, failing which the Commission may appoint the Mediator after consulting the officer.

(2) The Independent Grievance Mediator must, within 21 days from the date of appointment, inquire into the grievance and make a decision.

(3) The Commission and the officer must comply with the decision of the Independent Grievance Mediator.

(4) The officer must, in writing, file his or her grievance with the Commission within 14 days from the date of the decision of termination, unless for good reasons the period is extended by the Commission.

(5) The Independent Grievance Mediator is entitled to allowances and expenses approved by the Commission.

(6) An officer terminated under regulation 18(1)(a) has no right of grievance under this regulation.

Training and Development

23. - The Commission must provide officers in the Senior Executive Service with specific individually targeted and planned skills development programmes.

Transition

24. - (1) When a Senior Executive Service position is created under regulation 4, the position will become vacant until filled under this regulation, despite the fact that an existing public service substantive position will be replaced by the created position.

(2) Any officer holding any existing public service substantive position that may be affected by sub regulation (1) is entitled to apply for the position created under regulation 4.

(3) If the officer mentioned under sub regulation (2) or any other person is appointed to the relevant position in the Senior Executive Service, the officer’s existing public service substantive position is abolished.

(4) If an officer mentioned under sub regulation (2) is not appointed to the relevant position in the Senior Executive Service, the officer and the Commission must negotiate, in good faith, on any redeployment, redundancy or compensation package.