Georgian Development Research InstitutePublic Service Concept Levan Isoria, Paata Turava April 23, 2012
Elements of the Concept GeorgianClassical Modern Public model model Service
State ServiceState political servicePublic serviceObligatory military/alternative civil servicePublic/legal duties exercised by private entities
Public service is not exercised by:• The persons engaged in state political services• The persons engaged in obligatory military/alternative civil service• Private entities who exercise public legal duties (functional interpretation of administrative organs)
State Political Service• President of Georgia• Members of the Georgian Parliament• Head/members of Georgian Government• Members of the high representative organs of Abkhazia and Ajara autonomous republics• Chairmen and members of Abkhazia and Ajara autonomous republics’ highest executive organs• Members of the local self governance representative organs
Public Service• Employment through appointing or electing to the budgetary paid position for performing public duties.
The frames of regulating the Law on Public Service• The activities of the civil representatives of the executive authorities.• The activities of the executers of administrative functions of the legislative authorities, the representatives of the top level bodies of the autonomous republics and of local self governance bodies.
The following bodies’ activities are regulated by the law on public service as well as appendixes of specific legislation• Law enforcement bodies• Militaries on contract basis• Diplomatic Corps• Chamber of Control• Election Commission• Taxation and Customs offices
The following bodies are functioning accordingto special legislation as well as by some articles of the law on public service• Courts• Independent regulatory bodies• National Bank• Public defender/ombudsman
Only following Public Law legal entities perform the public services• Public legal corporations• Public legal institutions• Public legal funds
The territorial Public Law Corporation based on membership• Is separated (as organization) from the state and represents a self governing unit• Executes state legal duties• It is subordinated to the legislation and state supervision
Public Legal Institution• The aim for creating the public legal institutions is to provide services• Through the public institution format it is possible to create public broadcaster, universities, vocational and secondary schools, service agencies and so on
Public Legal Funds• Serves to reach the aims determined by the founders through its property• Protecting certain spheres of social and cultural life as well as protecting interests of certain groups of the society• Libraries, cultural monuments as well as patients with chronicle diseases or mental and physical disability - people who need special care.
Public Service Hired, full Public timeservant/Clerk employee Hired, part time employee
Public Service within the Contractual Frames• Hired, full time employee: a full time staff member is to fulfill the major aims of the institution. Performs public legal duties for the reason of meeting the needs of this institution.• Hired, part time employee: is a hired person for the needs of fulfilling goals and functions of the institution and is granted with certain rights for performing public legal duties. No public legal rights are granted to him/her.
Criteria for distinguishing between a part time public servant/clerk and a hired, full time employeePublic servant/clerk Hired, full time employeePublic (administrative) law Private labor lawAppointment - individual administrative Labor contractactLegal grounds Individual or collective contractPrinciple of career In compliance with his/her activitiesDisciplinary responsibility, termination Termination of the contractaccording to the lawPrinciple of alimentation Accordance to the performanceSpecial social protection General means
Public servant/clerk Hired, full time employeeBan on strikes The right to strikeAdministrative dispute Private law dispute
Public servant/clerk Professional Public servant/clerk Political Public servant/clerk Voluntary Public servant/clerk
Professional public servant/clerk• A person who performs his/her professional activities and duties full time and receives for this appropriate salary and guarantees.
Political public servant/clerk• A person who occupies such position where he/she performs activities according to the political views and goals of the government.
Voluntary public servant/clerk• A person who performs his/her public duties not as his major professional duties but in parallel to his/her professional activates without receiving additional salary.
Classification of the public servant/clerk• public servant/clerk in state service• public servant/clerk in the local self governance service• public servant/clerk in the service of other public legal entity
The main principles of the professional public servant/clerk• Legal relations between the public servant/clerk and the employer• Lifelong appointment• The loyalty commitment• Employers’ commitments for appropriate protection• Neutrality from the political parties
• Principles of the career• The right to hold appropriate rank• Right for appropriate social protection (alimentation)• Right to receive appropriate legal assistance• Protection against being dismissed illegally• Right to apply to the court
Taking the positionPrinciple of career – Principle of free (professional civil selection (hired, full servant/clerk) time employee)
Career Principle• Ranking system• Certification, Evaluation• Qualification improvement• Appropriate mechanisms for financial stimulation• Career principle secures the process of renewing personnel
Unified System of Ranking• Unification of the public service structure• Unification of the names for the positions• Mobility
Stability of PersonnelThe law should precisely define:• Legal and factual circumstances of qualifying for the position• Legal basis for dismissing personnel• Protection of social and legal guarantees• Public servant/clerk’s performance should be assessed regularly and he/she should be trained for improving his/her qualification• His/her career promotion should be based on professional level and professional skills.
Law on Public Service Problems of current law• Article 96 (liquidation)• Paragraph 2, Article 96 (re-organization)• Article 97 (restoration)• Article 98 (dismissing due to the irrelevance)• Article 99 ( dismissing)• Article 108-109 (warning)
Public servant/clerk (unified system of compensation) Hired, full time employee(compensation withinthe discretion margins of the public service, according to the performance.)
Social Guarantees• compensation scale according to the unified scheme of ranks• Hired, full time employee; compensation based on qualification and work efficiency of performance• pension insurance• Legislative regulation of the amount of bonus and payment procedures.
Public Service Council• Elaborating of public service main policy• establishing common standards for recruitment• School Accreditation/ Providing Training and retraining system for public servants• Settlement of the disputes