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Policies & Procedures Manual
General Operations
Manual of Policies &
Procedures
General Operations and
Management
Judicial Development Institute
February 2010
Policies & Procedures Manual
General Operations
TABLE OF CONTENTS
I INTRODUCTION
1. Purpose of this Manual
2. Purpose of the Judicial Development Institute
• Our Vision
• Our Goal
• Our Legal Authority
3. Organizational Structure of the JDI
4. Institutional Competencies
5. Organizational Competencies
6. Processes Involved in Managing the Institute
7. Eight Quality Management Principles of the ISO
• Beneficiary focus
• Leadership
• Involvement of people
• Process approach
• System approach to management
• Continual improvement
• Factual approach to decision making
• Mutually beneficial supplier relationship
8. The Next Step
II HUMAN RESOURCE MANAGEMENT
9. Equal Employment Opportunity
10. Recruitment
11. Nepotism
12. Release of Employee Information
13. Attendance and Punctuality
14. Work Schedule
15. Meal Breaks
16. Rest and Prayer Breaks
17. Leave Entitlement Allowances
18. Harassment and Workplace Violence
19. Substance Abuse and Drug Free Workplace
20. Personal Appearance and Workplace Ethics
21. Personal Property
22. Conflict of Interest
23. Termination of Employment
III FINANCIAL MANAGEMENT
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24. Responsibility for Financial Management
25. Management Reports
26. Income and Expenditure Budgets
27. Receipt of Cash
28. Receipt for Checks and Cash
29. Write-offs
30. Petty Cash
IV COMPUTING RESOURCES MANAGEMENT
31. Principles
32. Use of Computing Resources
33. Privacy Issues
34. Software Management Responsibility
35. Internet Policy
36. Legal Context
V FILING AND RECORDS MANAGEMENT
37. Filing and Records Management Policy
38. Business Records Retention Schedule
VI PROCUREMENT POLICIES
39. General Contract Award Management Policy
40. Acquisition Policy for Goods and Services
41. Property/Equipment Standards
VII EMERGENCY PROCEDURES
42. Emergency Security Plan
VIII COMPLAINTS HANDLING
43. Supervisory Responsibility
44. Complaint Procedure
45. Investigation and Resolution
46. Prompt Attention
47. Confidentiality
48. Relationship to Freedom of Expression
IX GRIEVANCE PROCEDURE
49. Procedure
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X DISCIPLINARY PROCEDURE
50. Employee Conduct and Disciplinary Procedure
51. Termination of Employment
ANNEX I COMPILATION OF MINISTRY OF FINANCE REGULATIONS 2005-2009
ANNEX II UPDATED COPY OF CIVIL SERVICE LAW 24 OF 1960 WITH ALL
AMENDMENTS AND RELATED LEGISLATIONS UPTO 2009:
1. Civil Service Law No. 24 of 1960 as amended (annotated and updated copy)
2. Personnel Law No. 25 of 1960 as amended
3. Discipline Law No. 14 of 1991 as amended
4. Travel Fees Law No. 38 of 1980 as amended
5. Employees Compensatory Liability Law No. 12 of 2006
6. Pension Law No. 27 of 2006
7. Law of Federal Public Service Board No. 4 of 2009
8. Law of Salaries of State and Public Officials No. 22 of 2008
9. Amendment on Pension Law No. 69 of 2007
10. Federal Budget Law of 2010
11. Code of Ethics No. 1 of 2005
12. Judicial Oversight Law No. 95 of 2004
ANNEX III FINANCIAL MANAGEMENT LAW No.95 OF 2004
Policies & Procedures Manual
General Operations
I INTRODUCTION
1. Purpose of this Manual
The policies and procedures outlined in this document have been established by The Judicial
Development Institute (JDI) as management guidelines and may be revised, expanded, or discontinued at
its sole discretion. This document is a compilation of JDI’s policies and procedures relating to general
operations and management of the institute. They are designed to maximize efficiency and the
effectiveness of the work force. This compilation is intended to serve as a reference tool for managers,
supervisors, staff, and others who are responsible for administering JDI’s management policies. Written
policies promote consistent application by standardizing the way in which recurring matters are handled.
This policies and procedures manual has benefitted from some of the best international standards and
practices relating to quality management. It has used as a reference the eight Quality Management
Principles1
laid down by the International Organization for Standardization (ISO), Geneva, which sets
standards for ISO accreditation globally. The principles are derived from the collective experience and
knowledge of the international experts who sit on the ISO Technical Committee (ISO/TC 176) on Quality
Management and Quality Assurance. It is hoped that JDI will in turn aspire for and acquire ISO
accreditation in the future.
The manual has turned for examples and references for its Human Resources Management section to
the Personnel Policies and Procedures Manual2
of the National Judicial College, Reno, Nevada, adapting
the document to needs based on local realities. It has referred to and used purposefully as much of the
existing laws, regulations and rules relating to the Iraqi Civil Service and has referred to them extensively
wherever required. It also has as Annexes relevant legislations and regulations, which the user will find to
be of benefit.
The document has also benefitted for its sections on Procurement Policies and Record Management
Policies from a sample Policy and Procedure Manual for Community Development Corporations (CDCs)3
developed by Local Initiatives Support Corporation (LISC), New York. The manual was developed to
assist CDCs in their administration of federal funds.
To make the most effective use of these policies and procedures, each section head/official and
employee with supervisory responsibility must be familiar with the contents, skillful at implementing the
policies, and be able to clearly communicate them to other employees. Recognizing that supervisors differ
in their degree of supervisory expertise and experience, supervisors are encouraged to raise any
questions they might have about interpretation or application of the policies with the Director of
Administration.
1
http://www.iso.org/iso/iso_catalogue/management_standards/iso_9000_1400/qmp/htm
2
Personnel Policies and Procedure, Reviewed Date: 9/22/05, The National Judicial College, Reno, Nevada, USA
3
Sample CDC Policies and Procedures, Author: LISC, Date Published: 01/14/2002
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Each section head and employee with supervisory responsibility is responsible for ensuring that these
policies and procedures are administered fairly and consistently.
Every employee of JDI will have access to these policies and procedures in a ring-binder that will be
maintained at the Director’s Office.
2. Purpose of the Judicial Development Institute
• Our vision:
Effectively managing the professional development of the Iraqi justice system to meet the
evolving needs of society in a democratic state
• Our goal:
Create a sustainable and responsive system for the professional development of the judiciary.
• Our legal authority:
Derived under the Constitution as an integral part of the High Judicial Council and established on
the strength of an Administrative Order issued under the seal of the Chief Justice of the Federal
Supreme Court of Iraq.4
4
Administrative Orders No. 929/Office/2009 and No. 934/Office/2009 both dated 09/15/2009
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3. Organizational Structure of the JDI
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4. Institutional Competencies
The following core institutional competencies have been identified for JDI:5
• (1) Leadership
• (2) Student Administration
• (3) Donor Coordination
• (4) Public Affairs
• (5) Resources, Budget, Finance
• (6) Human Resource Management
• (7) Curriculum Development
• (8) Information Technology Management
5
JALEA/JEDI Discussion Paper: Database and Data Collection Tools, p.2, dated 09/28/2009
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5. Organizational Components
In addition the following organizational components of JDI have to be borne in mind:6
• Management systems
• Curriculum development processes
• Linkages to well defined planning and implementation framework at HJC
• Increased capacity of beneficiaries that access the facility
6
JALEA/JEDI Discussion Paper: Database and Data Collection Tools, p.3 dated 09/28/2009
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6. Processes Involved in Managing the Institute7
The following core processes are involved in managing the institute:
• Supervision and Oversight
• Human Resources Management
• Financial Management
• Operations & Maintenance
• Quality Assurance & Quality Control
7
JALEA/JEDI Discussion Paper: Database and Data Collection Tools, pp 3-5, dated 09/28/2009
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7. Eight Quality Management Principles of the International Organization of Standardization
The eight Quality Management Principles as developed by the International Organization for
Standardization8
and as listed below, should be used by senior management as a framework to guide JDI
towards improved performance. The listing below additionally provides examples of the benefits derived
from their use and of actions that managers typically take to improve their organizations' performance.
Principle 1: Beneficiary focus
Organizations depend on their beneficiaries and therefore should understand current and future
needs of beneficiaries should meet beneficiary requirements and strive to exceed beneficiary
expectations. The ‘beneficiary’ in the case of JDI is the recipient of its various training activities.
Key benefits:
• Increased productivity.
• Increased effectiveness in the use of the organization's resources to enhance beneficiary
satisfaction.
• Improved loyalty of beneficiaries.
Applying the principle of beneficiary focus typically leads to:
• Assessing, researching and understanding beneficiary needs and expectations.
• Ensuring that the objectives of the organization are linked to beneficiary needs and expectations.
• Communicating beneficiary needs and expectations throughout the organization.
• Measuring beneficiary satisfaction and acting on the results.
• Systematically managing beneficiary relationships.
• Ensuring a balanced approach between satisfying beneficiaries and other interested parties (such
as employees, resource persons, trainers, donors, communities and society as a whole).
8
http://www.iso.org/iso/iso_catalogue/management_standards/iso_9000_1400/qmp/htm
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Principle 2: Leadership
Leaders establish unity of purpose and direction of the organization. They should create and
maintain the internal environment in which people can become fully involved in achieving the
organization's objectives.
Key benefits:
• People will understand and be motivated towards the organization's goals and objectives.
• Activities are evaluated, aligned and implemented in a unified way.
• Miscommunication between levels of an organization will be minimized.
Applying the principle of leadership typically leads to:
• Considering the needs of all interested parties including beneficiaries, resource persons, trainers,
donors, communities and society as a whole.
• Establishing a clear vision of the organization's future.
• Setting challenging goals and targets.
• Creating and sustaining shared values, fairness and ethical role models at all levels of the
organization.
• Establishing trust and eliminating fear.
• Providing people with the required resources, training and freedom to act with responsibility and
accountability.
• Inspiring, encouraging and recognizing people's contributions.
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Principle 3: Involvement of people
People at all levels are the essence of an organization and their full involvement enables their
abilities to be used for the organization's benefit.
Key benefits:
• Motivated, committed and involved people within the organization.
• Innovation and creativity in furthering the organization's objectives.
• People being accountable for their own performance.
• People eager to participate in and contribute to continual improvement.
Applying the principle of involvement of people typically leads to:
• People understanding the importance of their contribution and role in the organization.
• People identifying constraints to their performance.
• People accepting ownership of problems and their responsibility for solving them.
• People evaluating their performance against their personal goals and objectives
• People actively seeking opportunities to enhance their competence, knowledge and experience.
• People freely sharing knowledge and experience.
• People openly discussing problems and issues
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Principle 4: Process approach
A desired result is achieved more efficiently when activities and related resources are managed as
a process.
Key benefits:
• Lower costs and shorter cycle times through effective use of resources.
• Improved, consistent and predictable results.
• Focused and prioritized improvement opportunities.
Applying the principle of process approach typically leads to:
• Systematically defining the activities necessary to obtain a desired result.
• Establishing clear responsibility and accountability for managing key activities.
• Analyzing and measuring of the capability of key activities.
• Identifying the interfaces of key activities within and between the functions of the organization.
• Focusing on the factors such as resources, methods, and materials that will improve key activities
of the organization.
• Evaluating risks, consequences and impacts of activities on beneficiaries, resource persons and
other interested parties.
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Principle 5: System approach to management
Identifying, understanding and managing interrelated processes as a system contributes to the
organization's effectiveness and efficiency in achieving its objectives.
Key benefits:
• Integration and alignment of the processes that will best achieve the desired results.
• Ability to focus effort on the key processes.
• Providing confidence to interested parties as to the consistency, effectiveness and efficiency of
the organization.
Applying the principle of system approach to management typically leads to:
• Structuring a system to achieve the organization's objectives in the most effective and efficient
way.
• Understanding the interdependencies between the processes of the system.
• Structured approaches that harmonize and integrate processes.
• Providing a better understanding of the roles and responsibilities necessary for achieving
common objectives and thereby reducing cross-functional barriers.
• Understanding organizational capabilities and establishing resource constraints prior to action.
• Targeting and defining how specific activities within a system should operate.
• Continually improving the system through measurement and evaluation
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Principle 6: Continual improvement
Continual improvement of the organization's overall performance should be a permanent
objective of the organization.
Key benefits:
• Performance advantage through improved organizational capabilities.
• Alignment of improvement activities at all levels to an organization's strategic intent.
• Flexibility to react quickly to opportunities.
Applying the principle of continual improvement typically leads to:
• Employing a consistent organization-wide approach to continual improvement of the
organization's performance.
• Providing people with training in the methods and tools of continual improvement.
• Making continual improvement of products, processes and systems an objective for every
individual in the organization.
• Establishing goals to guide, and measures to track, continual improvement.
• Recognizing and acknowledging improvements.
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Principle 7: Factual approach to decision making
Effective decisions are based on the analysis of data and information
Key benefits:
• Informed decisions.
• An increased ability to demonstrate the effectiveness of past decisions through reference to
factual records.
• Increased ability to review, challenge and change opinions and decisions.
Applying the principle of factual approach to decision making typically leads
to:
• Ensuring that data and information are sufficiently accurate and reliable.
• Making data accessible to those who need it.
• Analyzing data and information using valid methods.
• Making decisions and taking action based on factual analysis, balanced with experience and
intuition
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Principle 8: Mutually beneficial supplier relationships
An organization and its suppliers are interdependent and a mutually beneficial
relationship enhances the ability of both to create value. The ‘supplier’ in the context of the
activities of JDI would be the pool of resources that the institute relies upon for its training
activities.
Key benefits:
• Increased ability to create value for both parties.
• Flexibility and speed of joint responses to changing beneficiary needs and expectations.
• Optimization of costs and resources.
Applying the principles of mutually beneficial supplier relationships typically
leads to:
• Establishing relationships that balance short-term gains with long-term considerations.
• Pooling of expertise and resources with partners.
• Identifying and selecting key resource support.
• Clear and open communication.
• Sharing information and future plans.
• Establishing joint development and improvement activities.
• Inspiring, encouraging and recognizing improvements and achievements by resource persons.
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8. The Next Step
We have in this introductory section provided a general perspective on the eight quality management
principles and how these principles, collectively, can form a basis for performance improvement and
organizational excellence.
There are many different ways of applying these eight quality management principles. The nature of the
organization and the specific challenges it faces will no doubt determine how to implement them. JDI
should no doubt suitably adapt these principles to its needs.
JDI will moreover find it beneficial to set up quality management systems based on these principles.
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II PERSONNEL POLICIES
9. Equal Employment Opportunity
Iraqis are equal before the law without discrimination based on gender, race, ethnicity, national origin,
sect, belief or opinion, or economic or social status.9
JDI is committed to providing equal opportunity employment to all employees and applicants for
employment in accordance with the supreme law of the country.
i. This policy applies to all terms, conditions, and privileges of employment including hiring,
probation, training, placement and employee development, promotion, transfer,
compensation, benefits, educational assistance, reduction in force, employee facilities,
termination, and retirement, subject to the Civil Service Law No. 24 of 1960 as amended
and related legislations, including Law of Salaries of State and Public Sector Officials No.
22 of 2008 and Pension Law No. 27 of 2006 as amended by Law No. 69 of 2007, Travel
Fees Law No. 38 of 1980 as amended.
ii. The Office of the Director General for Employee Relations at the High Judicial Council
(HJC) is responsible for formulating, implementing, coordinating, and monitoring all
efforts in the area of equal employment opportunity.
iii. Any communication from an applicant for employment, an employee, a government
agency, or an attorney concerning any equal employment opportunity matter should be
referred to the Director General’s Office at HJC or alternatively to the Chair of the
Consultative Board of JDI.
iv. While overall authority for implementing this policy is assigned to the Director General’s
Office at HJC, an effective equal employment opportunity program cannot be achieved
without the support of supervisory personnel at all levels. It is crucial therefore to ensure
close involvement of Director of Administration at JDI in this process.
9
Iraqi Constitution, Article 14, Section Two, Rights and Liberties, Chapter One (Rights) First: Civil and Political
Rights
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10. Recruitment
JDI is committed to being an equal opportunity employer and its policies in this regard conform to Article
14 of the Iraqi Constitution in hiring/advancing qualified individuals for employment.
i. When the Director, JDI upon request from a section head determines that there is a
requirement to hire a new employee and meets the requirements under Article 8 of
the Civil Service Law No. 24 of 1960 as amended, he/she will submit a Request to
hire form to the Director General’s Office for Employment Relations at HJC who will
in turn obtain authorization from the Chair of the Consultative Body of JDI or place it
before the Federal Public Service Board as required in accordance with Law of
Federal Public Service Board No. 4 of 2009. As further laid down under Article 8(1) of
the Civil Service Law No. 24 of 196010
it is essential to ensure that there is a vacant
position in the cadre, i.e. the total of posts and the grades designated for them as
approved by the Federal Budget Law of 2010 or by the Minister of Finance (Article 2
of the Act) as the case may be.
ii. All job openings will be posted for a minimum of five business days. The Director’s
Office will initiate advertising for vacant positions and may utilize various advertising
mediums as necessary.
iii. The initial screening of applicants being considered for employment will be conducted
at the Director’s Office in JDI who will determine that:
a. The employment application is completed in full.
b. The applicant has the legal right to work in Iraq.
c. The applicant meets the minimum requirements listed in the job posting.
d. The applicant is not a relative of any employee or board member. Relatives of JDI
employees will not be considered for permanent, full time employment.
e. If the applicant is a former employee, whether he/she left JDI in good standing.
Former employees who resigned without adequate notice or who were dismissed
from service for cause will not be considered for re-employment.
f. The applicant has no pertinent criminal convictions. Criminal conviction is not an
absolute bar to employment, but will be considered in relation to specific job
requirements and whether employment will adversely affect the operations of JDI.
Provisions under Discipline Law No. 14 of 1991on State Officials Discipline as
amended apply.
g. The applicant should further meet all requirements for employment under the
10
Article 8: The following conditions shall be observed in appointment:-
(1) Presence of a vacant post in the cadre
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Civil Service Law No. 24 of 1960 as amended.
iv. An offer of employment will be made contingent upon receiving favorable
employment and background references and fulfilling the conditions of appointment
and employment as laid down under Article 7 of the Civil Service Law No. 24 of
196011
as amended.
v. If the background investigation discloses any substantive misrepresentation on the
application form or information indicating that the individual is not suited for
employment with JDI, the applicant will not be hired.
vi. An employee shall, on his first appointment be under probation for one year under
active service and an order for his confirmation in his grade shall be issued on its
termination and subject to proof of efficiency. Otherwise his period of probation shall
be extended by another six months.12
vii. Any employee promoted to a post whose duties differ from the duties of his post shall
be under probation for six months from the date of assuming his duties in the post to
which he was promoted at the end of which an order of confirmation shall be issued if
his ability in the new post is proved, otherwise his probation shall be extended for a
six months limit.13
11
Article 7: No person shall be eligible for appointment to a government post for the first time unless:
(1) He is Iraqi or has held Iraqi Nationality for not less than 5 years
(2) He has completed his 18th
year (for nurses 16th
year)
(3) He was successful in the medical examination and free from contagious diseases and bodily and
mental disease which may prevent him from performing the duties of the post to which he is
appointed in accordance with the decision of the competent medical authorities pursuant to the
provisions of a special regulation.
12
Article 14(1) of Civil Service Law of 1960 as amended
13
Ibid Article 20(1)
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11. Nepotism
Relatives of JDI employees will not be considered for employment in permanent, full-time positions.
For purposes of this policy, relatives are defined as: spouse, son, daughter, son-in-law, daughter-in-law,
brother, sister, brother-in-law, sister-in-law, mother, father, mother-in-law, father-in-law, step-parents,
step-children, grandparents, grandchildren, uncles, aunts, nieces, nephews.
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12. Release of Employee Information
In the interest of and for the protection of both the JDI and the employee, official reference information on
employees will be limited to dates of employment and job title.
All requests for reference information should be directed to the Director General’s office at HJC.
Employees who wish to have additional employment information released must submit a written request
to the Human Resources section specifically outlining the information that should be released.
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13. Attendance and Punctuality
All employees are expected to report for work per schedule as notified to them under their terms of
employment. When valid reasons interfere with attendance, employees should notify their section heads
as far in advance as possible to permit a replacement to be scheduled. If the section head is unavailable,
employees should contact the section’s next line of seniority, Human Resources section or the Director’s
Office. Failure to notify of any anticipated absence or delay in reporting for work may result in loss of
compensation during the absence and/or disciplinary action, up to and including termination.
Excessive absenteeism and chronic tardiness are disruptive, unacceptable and if not corrected will be
grounds for disciplinary action up to and including termination. Section heads should document the
behavior, determine the reason for the behavior, and assist the employee in correcting the problem.
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An employee who fails to report to work and fails to notify his/her section head/Human Resources section/
Director for three business days will be considered to have abandoned his/her job and may be subject to
disciplinary procedures, including possible termination.
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14. Work Schedule
All employees are required to have a written normal work schedule, a copy of which should be on file with
his/her section head, Finance section and the Human Resources section at JDI.
All full-time employees are expected to work a Sunday through Thursday, five-day workweek, unless
otherwise directed by their supervisor. Within that five-day workweek, employees may, at the discretion of
the Director JDI, be permitted some flexibility in their regular working hours.
Employee work schedules must be approved by the section head and the Director JDI. In determining
whether to approve an employee's schedule, the Director has full discretion. Each section head is
responsible for monitoring the effectiveness of their employees’ schedules to ensure that JDI’s needs are
met.
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15. Meal Breaks
Each full-time employee will be allowed a meal period near the middle of his/her work shift. A minimum
meal period of 30 minutes must be taken each day, extendable at the most to 60 minutes.
Employees are not compensated for their meal breaks.
Employees are encouraged to leave their work area during meal breaks. A break room will be provided
for employees to use during meal periods.
Section heads/designees are responsible for balancing workloads and scheduling meal breaks. When
necessary, the time of meal periods may be changed.
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16. Rest and Prayer Breaks
Each employee will receive a rest and prayer break of fifteen minutes, which in so far as is practical will
coincide with the call to prayer provided it is not broken by a meal period.
Time spent on rest and prayer breaks is compensated as hours worked.
Employees are encouraged to leave their work area during rest and prayer breaks.
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17. Leave Entitlement and Allowances
All leave entitlements shall conform to Iraqi Civil Service Law No. 24 of 1960 Chapter (8) Articles 43-50
as amended and this will be clearly spelt out in each employee’s terms of employment.
Admissible allowances are covered under Chapter (9) Articles 51-70 of the Law No.24 of 1960 as
amended as also Law of Salaries of State and Public Officials No. 22 of 2008 and Travel Fees Law No.
38 of 1980 as amended. Terms of employment will clearly spell them out for the employee’s benefit.
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18. Harassment and Workplace Violence
JDI is committed to a workplace free of discrimination and harassment based on race, color, religion, age,
sex, national origin, or any other protected status under the Constitution and the law of the country.
JDI does not tolerate acts of workplace violence committed by or against employees. Employees shall not
make threats or engage in violent acts. This is a zero-tolerance policy, meaning that the JDI disciplines or
terminates every employee found to have violated this policy.
Besides punitive measures under the Penal Code No.111 0f 1969, employees are also subject to
provisions under Law No. 14 of 1991 as amended on State Officials Discipline and as they apply to
grounds for termination of employment.
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19. Substance Abuse and Drug Free Workplace
JDI is committed to providing a workplace environment that ensures the safety and encourages the
personal health and productivity of all employees. JDI recognizes that substance abuse in the workplace
is a threat to the safety, health and job performance of all employees. The goal of this policy is to balance
respect for individuals with the need to maintain a safe and productive alcohol free environment.
Disciplinary procedures for drunken behavior at workplace14
, including possible termination under Article 5
of the Law No. 14 of 1991on State Officials Discipline as amended will be strictly enforced.
14
Article 5: The official shall be prohibited from doing the following:-
……..
Twelfthly: Attending the office centre while noticeably intoxicated or appearing in obvious drunkenness in a public
place.
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20. Personal Appearance and Workplace Ethics
Professional appearance is important due to the nature of work performed at JDI. Employee appearance
is one of the first impressions upon which the institute is judged. All employees are expected to dress in a
manner suitable to a professional organization and maintain good grooming and personal hygiene.
Employees are expected to carry themselves with dignity and show courtesy in their dealings. Law No. 4
on State Officials Discipline applies in this regard.15
15
Article 4: Fourthly: To treat subordinates and superiors amicably as to preserve their dignity.
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21. Personal Property
JDI will make a reasonable effort to assist its employees to safeguard their personal property while at
work. However, the JDI cannot assume responsibility for the loss or theft of personal belongings.
Employees are expected to exercise reasonable precautions to protect their personal property. Wallets,
purses or other valuables should be secured in a locked cabinet or drawer, and JDI premises should not
be used to store personal property.
JDI is not responsible for damage to personal items. Exceptions will be made only for personal items that
have been approved for use in the institute’s business by the Director.
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22. Conflict of Interest
All employees are prohibited from engaging in outside business or professional activities that conflict with
their obligations to JDI. Prior to engaging in outside business or professional activity, the employee
should seek approval from the Director. If there is any uncertainty or disagreement, the employee or the
Director should seek a review from the Consultative Body.
On an annual basis employees will be required to submit a form disclosing any outside business or
professional activities to the Director of JDI. The Chair of the Consultative Body will have the
responsibility to determine whether or not a conflict of interest may exist.
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23. Termination of Employment
Termination of employment shall be in conformity with the relevant law as laid down under the Civil
Service Law No. 24 of 1960 as amended and related legislation and administrative orders issued in this
regard. JDI will moreover have well defined policies on disciplinary procedures and grievance handling
procedures. This manual provides under sections VIII and IX procedures in this regard, which may be
suitably amended to the needs of JDI and in conformity with the law as required.
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III FINANCIAL MANAGEMENT
24. Responsibility for Financial Management
The Director of JDI has the overall responsibility for Financial Management and for overseeing and
managing financial affairs on a daily basis at JDI and he is considered to be a ‘budget executor delegate’
for the ‘budget executor’ represented by the Chief Justice of the HJC as defined in Section 2 Definition
No.5 of the Financial Management Law No. 95 of 2004.16
Much of the control and supervision is
delegated to the accounts department staff of the Budget and Finance section under provisions of Section
11 para 1 of the Financial Management Law No. 95 of 2004.
Budget executors under the Law are responsible for the financial management of their sections and
compliance with financial regulatory procedures in force. They shall be responsible for the accounting and
internal control of transactions related to receipts, commitments and payments of spending units and sub-
units falling within their jurisdiction. Individual section heads are responsible for the financial management
of their sections and compliance with regulatory procedures in force as described in Section 9 para 5 of
the Financial Management Law No. 95 of 2004.
Budget executors are also responsible for ensuring that allocated funds within their spending units are
used for lawful purposes. If anyone has cause to be concerned about any aspect of financial
management, they should refer their concern to the Director at once.
16
An authorized person or person delegated by the budget executor, responsible for execution of the budget
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25. Management Reports
The accounting system is capable of producing a large range of management reports on the JDI’s
accounting performance. Budget Implementation Instructions of 2009 issued by the Ministry of Finance
under Section 1 specifies the kinds of financial reports that should be presented to the Ministry on a
monthly and annual basis by each ‘spending unit’.17
JDI as a part of the HJC organizational structure is also expected to produce one or more of the following
financial reports for submission to the related financial departments at the HJC (e.g. budget department
and expenditures department):
• Trail Balance
• Monetary Budget
• Revenue Report
• Consolidated Monthly Reports
Other reports can be produced on request to the accounts department.
17
A ‘spending unit’ is defined in Section 2 Definition No. 34 of the Financial Management Law. HJC is a ‘spending
unit’ under the Law.
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26. Income and Expenditure Budgets
Annual income and expenditure budgets are to be prepared and these are to be used in the monitoring of
JDI’s financial performance. Budget Implementation instructions of 2009 issued by the Ministry of Finance
under Section 1 para 2 applies to all Directorates committed to prepare monthly monetary budget and this
should include advances and trust accounts, debtors and creditors accounts and all accounting
transactions that relate to the accounting and financial aspect of the unit. The unit is also required to
identify cash liquidity at that point of time against actual requirement. Each month the Director will review
budget variance reports.
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27. Receipts of Cash
When payment is made in cash issuing a petty cash voucher with details of date, amount, who it is paid to
and what it is for should be filled in as a standard practice. Receipt for claiming travelling and other work
related out of pocket expenses must be placed in the file for accounting purposes.
Cash must never be left unattended, for example on a desk and must be firmly secured in safe custody at
the Director’s office. Any cash or cheques held by the accounts department overnight are to be safely
kept in the Director’s office.
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28. Receipts for Cheques and Cash
Only the Director or his designee is authorised to issue formal receipts for cheques or cash.
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29. Write-offs
The write-off of any balance in respect of debts or assets can be authorised according to the related
instructions and regulations in force.
Budget Implementation Instructions 2009 issued by the Ministry of Finance in section 2 Article 6 states
that Article 11 Section 4 of the Financial Management Law 95 of 2004 must be followed.18
The Accounting Directorate circular No. 16653 of 22 November 2005 about assets writeoff should also be
taken into consideration.
18
It provides the following:
Subject to the monetary limits established by the Council of Ministers, the Minister of Finance may waive the right
of the federal government to collect an amount owing, postpone the time of payment, or allow payment by
instalment only under the conditions and procedures provided by the law.
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30. Petty Cash
With no exception, all petty cash transactions are controlled by the Director. The small petty cash float is
to be held by the accounts section under the direct oversee of the head of Budget and Finance.
Petty Cash may be issued to cover small nonrecurring expenses.
Petty Cash Advance: In order to receive a petty cash advance, a staff member must complete a petty
cash request form. The form should be authorized by his/her section head and submitted to the Budget
and Finance office for payment. In order to clear the advance, the staff member will bring a receipt for the
goods or services purchased and any excess amount due to JDI to the Budget and Finance office within
10 working days following the transaction.
Petty Cash Reimbursement: In order to receive a petty cash reimbursement, a staff member will complete
a petty cash request form. This form should be authorized by his/her section head and submitted along
with a purchase receipt to the Budget and Finance office for payment.
The Director or the Head of Budget and Finance will verify the petty cash reconciliation prior to the petty
cash replenishment check being issued.
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IV COMPUTING RESOURCES AND KNOWLEDGE MANAGEMENT
31. Principles
Academic freedom in teaching and research and the right of freedom of speech for faculty, staff and
students are fundamental principles of JDI. Nothing in these policies limits or removes the right of free
speech or the academic freedom of faculty, staff and trainees engaged in the learning process, nor
relaxes their responsibilities as members of the JDI community during their tenure at JDI.
This computer resources policy seeks to achieve objectives necessary for the legitimate and proper use
of the JDI computing resources. It is intended that these ends should be achieved in ways that maximally
respect the legitimate interests and rights of all computer users. JDI acknowledges its responsibilities to
respect and advance free academic inquiry, free expression, reasonable expectations of privacy, due
process, equal protection of the law, and legitimate claims of ownership of intellectual property.
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32. Use of Computing Resources
The computing resources of JDI are the property of the JDI and are intended for support of the
instructional, research, and administrative activities of the institution. Examples of computing resources
are system and campus computing facilities and networks, electronic mail, Internet services, lab facilities,
office workstations and JDI electronic data-base.
Users of JDI computing services, data and facilities are responsible for appropriate and legal use.
Appropriate use of system computing resources means 1) respecting the rights of other computer users,
2) protecting the integrity of the physical and software facilities, 3) complying with all pertinent license and
contractual agreements, and 4) obeying all JDI regulations and Iraqi laws in force.
Inappropriate use of computing or networking resources, as defined in this policy, may result in the loss of
computing privileges. If a violation of appropriate use occurs, a warning will first be given, notifying the
individual that their action violates policy or law and that their access will be suspended if the action
continues.
All JDI regulations and the law in force for disciplinary action shall be followed if the need to suspend
computing privileges from faculty, staff, or students occurs. However, if the security and operation of the
computing systems or networks are jeopardized, access may be immediately cancelled.
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JDI employees shall not use the JDI computer resources to benefit their personal or financial interest.19
However, limited use for personal purposes is allowable if the use does not interfere with the performance
of an employee’s duties, the cost and value related to use is nominal, and the use does not create the
appearance of impropriety or of JDI endorsement. Personal use shall not interfere with official institutional
use.
19
Law No. 14 of 1991 on State Officials Discipline under Article 4 states:
Ninethly: To refrain from exploiting the officialship to achieve a benefit or personal interest for him or for
others.
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An employee who intentionally or negligently damages JDI computing resources shall be held responsible
for the resultant expense. These policies also apply to JDI trainees and instructors.20
Employees
Compensatory Liability Law No. 12 of 2006 shall also apply. This Law repeals and replaces Article 61 of
the Civil Service Law of 1960 relating to employees liability for loss sustained by the State Treasury on
account of employee’s negligence.
No user should attempt to disrupt services of the computing and network systems, including the knowing
propagation of computer viruses or the bombardment of individuals, groups, or the system with numerous
repeated unwanted messages.
20
Law No.14 of 1991 on State Officials Discipline under Article 4 states:
Sixthly: To preserve the state properties which are in his possession or under his disposal and using them in
the right way.
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33. Privacy Issues
JDI will provide security measures to protect the integrity and privacy of electronic information such as
administrative data, individual data, personal files, and electronic mail.21
Users must not circumvent
security measures. While computing resources are system property and all rights are retained regarding
them, these rights will be balanced with a reasonable and legitimate expectation that technical staff and
administrators will not casually or routinely monitor traffic content or search files.
The content of files shall only be examined when there is a reasonable suspicion of wrongdoing or
computer misconduct as determined by the institution Director or his or her designee. Examination of files
shall be limited to the matter under consideration.
34. Software Management Responsibility
21
Ibid Article 4:
Seventhly: To keep secret of the information and documents being seen by him in his official capacity.
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Users of JDI computing resources are responsible for the legality of their software at all times. Data or
software written or created by JDI staff or trainees or IT consultants or contractors hired by JDI must not
be copied or used without the due authorization or permission of the authority concerned. All commercial
software must be licensed. Users must be aware of the license conditions and should never copy
software without consulting the license agreement. Evidence of legal ownership is required. Individual
employees and trainees are responsible for not installing illegal computer software on JDI equipment.
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35. Internet Policy
You should be aware that the JDI agreement with the provider for Internet access prohibits:
(i) attempted unauthorized access or destruction of any customers information;
(ii) knowingly engaging in any activities that will cause a denial-of-service to any customers; and
(iii) using products and services which interfere with the use of the network by other customers or
authorized users, or in violation of the law or in aid of any unlawful act.
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36. Legal Context
All Iraqi laws and JDI rules and regulations are applicable to computer and network usage. Violation may
result in disciplinary action. Violation of applicable laws may result in civil damages and criminal sanctions
under the due process of law.
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V FILING AND RECORDS MANAGEMENT
37. Filing and Records Management Policy
To ensure that all programs operated by JDI are properly managed and reported on, JDI will establish
and monitor a comprehensive filing and records management policy as follows.
(i) To ensure that pertinent records are properly managed, JDI will implement a file
maintenance and disposition plan for each project/donor funding source when that
project/donor funding source becomes inactive/closes-out. When a project is closed a
file maintenance and disposition plan form will be filled out and filed for the project. The
form includes, but is not limited to, the date the project began, the date the project ended,
amount of contract, name and signature, a contact number for project’s manager, a
description of the files within the storage case and their filing arrangement, and
disposition instructions. Once the “File Maintenance and Disposition Plan” form has been
completed, it will be filed and the storage box sent to JDI’s archival facility to be
maintained at the premises of the HJC.
(ii) Financial records, supporting documents, statistical records, and all other records
pertinent to an award of funding from an external/international source shall be retained
for a period of three years from the date of the submission of the final expenditure report.
If any litigation, claim, or audit is started before the expiration of the three-year period, the
records shall be retained until all litigation, claims, or audit findings have been resolved
and final action taken.
(iii) Records for real property and equipment acquired with state Treasury Funds must be
retained for three years after final disposition of said property.
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38. Business Records Retention Schedule
ACCOUNTING AND FISCAL TERM CORPORATE TERM
Accounts Payable Records 3 Admin Order of Incorporation of JDI P
Accounts Receivable Records 3 Charter and Mission Statement of JDI P
Audit Reports P Annual Reports P
Audit Reports Internal 3
Procurement Contracts (After
Expiration)
3
Bank Statements and Reconciliation 3 Copyrights of publications P
Canceled Checks 3 Correspondence (General) 3
Check Registers 3 Correspondence (Legal) P
Cash Receipts Book 3 Insurance Policies (After Expiration) 3
Expense Analysis & Distribution Schedules 3 Inventories 3
Financial Statements P
Leases for equipment if any (after
expiration)
3
Fixed Assets Records P
Legal Briefs of supplier related and
employment disputes
P
General Ledgers P Licenses for use of equipment if any P
Invoices 3 Acquisition Records P
Journals/Cash Books 3 Consultative Board Minutes P
Office Equipment Records (after
disposition) 3
PERSONNEL Patents P
Employment History P Profit and Loss Statements P
Individual Employee Records P Property Records P
Payroll Register P Trademark Records P
P = Permanently
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VI PROCUREMENT POLICIES
The following policies and procedures will be followed at all times when JDI is using donor funds to
purchase supplies, property, equipment and services from an external source:
39 General Contract Award Management Policy
(1) No JDI officer, employee, and/or agent will participate in the selection, award, and/or administration of
any contract for equipment, materials, and supplies or consulting or professional services if a real or
apparent conflict of interest would be involved. Such a conflict will arise when:
a. the employee, officer, or agent;
b. any member of his/her immediate family;
c. his/her partner; or
d. an organization which employs or is about to employ, any of the above
has a financial or other interest in the firm or individual selected for award.
(2) JDI’s officers, employees, and/or agents shall neither solicit nor accept gratuities, favors, or anything
of monetary value from contractors, potential contractors, or parties to sub-agreements.
(3) JDI will conduct a cost or price analysis and document such analysis in the procurement files in
conjunction with every procurement action.
(4) If a contract is competitively bid, JDI will enter into a contract with the winning bidder that specifies the
services to be completed and payment terms.
(5) At a minimum, to adequately evaluate contractor, consultant, and supplier performance, JDI will
evaluate each respective provider of goods and services performance at the completion of each contract.
This evaluation will be utilized when making award decisions for future contracts. Evaluations may be
conducted on a more frequent basis if deemed necessary.
(6) Procurement records and files will include the basis for contractor selection, justification for the lack of
competition when competitive bids or offers are not obtained, and basis for award cost of price.
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40. Acquisition Policy for Goods and Services
The following procurement procedure applies to all purchases of goods and services, including
equipment, materials, supplies and professional and consulting services.
Employees will conduct all procurement transactions in a manner that maximizes free and open
competition. Awards should be made to the bidder or offeror whose bid or offer is responsive to the
solicitation and is most advantageous to the recipient, price, quality and other factors considered. JDI
reserves the right to reject any and all bids or offers, if deemed to be in its best interest.
JDI may select from numerous methods of procurement, depending on the amount of the purchase and
other considerations. Following are a few examples of possible procurement procedures that JDI may
choose to use:
(1) Open Market Inquiry. The Director, or other qualified individuals delegated by the Director may inquire
in the open market to ensure that the price and quality is the most advantageous to JDI.
(2) Request Competitive Oral Quotes. The Director or his/her designee may request competitive quotes
orally. A file shall be kept with an abstract of invitations made and offers received.
(3) Request Written Quotes from at Least three Different Sources. For purchases and contracts involving
a single project or activity, the Director or his/her designee may request and receive written quotations
from at least three independent sources. A file shall be kept with an abstract of invitations made, offers
received, and the criteria for selection.
(4) Request Written Competitive Responses through a Formal Request for Proposal Procedure. For large
purchases and contracts, the Director or his/her designee may solicit competitive responses through a
formal written request for proposal procedure. Bids will remain sealed until the opening time designated in
the request for proposals. All requests for proposals shall contain the phrase “Equal Opportunity
Employer”.
For the largest purchases JDI makes, after reviewing the bids received, the Director or his/her designee
shall make a recommendation to the Consultative Board regarding which bid to accept. A majority of the
Board must accept the bid via formal vote before a contract is executed for the service.
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A file shall be kept with a copy of the request for proposal, a list of individuals/organizations solicited for
bids, and a bid sheet that lists the bids received by individual/organization and their respective bid price.
In all instances in which the lowest bid is not awarded the contract, justification documentation, such as a
memo outlining the selection criteria, shall be placed in the file.
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41. Property/Equipment Standards
When purchasing property (both real property and equipment), the following procedures will be
followed:
(1) Title to all property purchased with donor funds will vest with JDI.
(2) Property records will be kept showing the general name of the property, identification number, original
cost, and depreciated value. These records will be reviewed and necessary revisions made on an annual
basis at the end of JDI’s fiscal year.
(3) JDI will provide the equivalent insurance coverage for real property and equipment regardless of how
the property was acquired by the organization.
(4) Equipment purchased, with a purchase price in excess of ID [.], with donor funds is generally
considered the property of the donor and must be disposed of through a set procedure. When disposing
of equipment with an acquisition cost in excess of ID [.], JDI will follow the respective funding program’s
disposal regulations.
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VII EMERGENCY PROCEDURES
42. Emergency Security Plan
JDI in conjunction with the High Judicial Council will develop an emergency security plan for the
institute. All employees are expected to become familiar with and adhere to the instructions and
guidelines contained therein.
Employees are expected to participate in regular emergency training and practice drills, as
scheduled by the Director under the plan. Failure to do so will result in disciplinary action up to
and including termination.
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VIII COMPLAINTS HANDLING
43. Supervisory Responsibility
The Director, every section head and employee with supervisory responsibility has responsibility to take
reasonable steps intended to prevent acts of harassment, which include, but are not limited to:
• Monitoring the work environment for signs that harassment may be occurring;
• Refraining from participation in, or encouragement of actions that could be perceived as
harassment (verbal or otherwise);
• Stopping any observed acts that may be considered harassment, and taking appropriate steps to
intervene, whether or not the involved individuals are within his/her line of supervision; and
• Taking immediate action to minimize or eliminate the contact between the two individuals where
there has been a complaint of harassment, pending investigation.
The Director, section head and employee with supervisory responsibility who receives a complaint of
alleged harassment, or observes or becomes aware of conduct that may constitute harassment, must
immediately contact the Human Resources Office to discuss it and/or to report the action taken. The
Human Resources Office shall advise the Director of all reports of harassment.
Failure to take action to prevent the occurrence of or stop known harassment may be grounds for
disciplinary action.
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44. Complaint Procedure
An individual who believes that he or she has been subjected to harassment by anyone is—but it is
neither necessary nor required—to promptly tell the person that the conduct is unwelcome and ask the
person to stop the conduct.
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A person who receives such a request must immediately comply and must not
engage in retaliation against the employee.
An employee may also choose to file a complaint with Human Resources or the Director.
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45. Investigation and Resolution
After receiving a complaint of the incident or behavior the Human Resources Manager or the
Director will conduct an investigation to gather information about the incident. The investigation
may include:
• Written statements from the complainant, accused, witnesses, supervisors, or others;
• Interviews with the complainant, the accused, witnesses, supervisors, or others;
• Engaging the services of an independent professional.
At the completion of the investigation appropriate action will be taken.
After the Director/designee has made a determination regarding the resolution of the matter, and
depending on the circumstances, both parties will be informed of the resolution.
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46. Prompt Attention
Complaints of harassment are taken seriously and will be dealt with promptly. Where harassment is
found to have occurred, the Director will act to stop the harassment, to prevent its recurrence, and to
discipline those responsible.
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47. Confidentiality
The College recognizes that confidentiality is important. However, confidentiality cannot be guaranteed.
The staff responsible for implementing this policy will respect the privacy of individuals reporting or
accused of harassment to the extent reasonably possible and will maintain confidentiality to the extent
possible. Examples of situations where confidentiality cannot be maintained include, but are not limited to,
necessary disclosures during an investigation, circumstances where the institute may be required by law
to disclose information (such as in response to legal process), or when an individual is in harm's way.
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Retaliation against an individual who in good faith complains of alleged harassment or provides
information in an investigation about behavior that may violate this policy is against the law, will not be
tolerated, and will be grounds for discipline. Retaliation in violation of this policy will result in discipline up
to and including termination and/or expulsion. Any employee, faculty member or participant bringing a
harassment complaint or assisting in the investigation of such a complaint will not be adversely affected in
terms and conditions of employment and/or academic standing, nor discriminated against, terminated, or
expelled because of the complaint. Intentionally providing false information is also grounds for discipline.
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48. Relationship to Freedom of Expression
The Judicial Development Institute is committed to the principles of free inquiry and free expression.
Vigorous discussion and debate are fundamental rights and this policy is not intended to stifle teaching
methods or freedom of expression. Harassment, however, is neither legally protected expression nor the
proper exercise of academic freedom; it compromises the integrity of institutions, the tradition of
intellectual freedom and the trust placed in the institutions by their members.
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IX GRIEVANCE PROCEDURE
The Judicial Development Institute provides the procedure disclosed herein for employees to bring to the
attention of management complaints about work-related situations and to appeal decision by
management without fear of reprisal.
All complaints or grievances will be resolved fairly and promptly. Management will attempt to resolve
grievances informally and at the lowest organizational level.
49. Procedure:
i. A grievance is defined as an employee's expressed feeling of dissatisfaction concerning conditions of
employment or treatment by management or other employees. Examples of actions that may be causes
of grievances include:
a. Application of JDI policies, practices, rules, regulations, and procedures believed to be to the detriment
of an employee.
b. Improper or unfair administration of employee benefits or conditions of employment such as vacations,
fringe benefits, promotions, retirement, holidays, performance review, salary, or seniority.
ii. Employees are encouraged to use the Grievance Procedure and will not, under any circumstances, be
penalized for doing so. The Director and section heads are responsible for ensuring that the grievance is
processed in a timely fashion.
iii. Whenever an employee believes that he/she has a work-related problem, the employee should bring
the matter to the attention of the Director/designee, unless the issue is with the Director personally. In
this instance the matter will be brought to the attention of the Consultative Body through the Human
Resources office at the HJC. It is the responsibility of the Director/designee to investigate the grievance,
to attempt to resolve the grievance, and to communicate a decision to the employee within a reasonable
time.
iv.If the employee is not satisfied with the Director/designee's decision, he/she may appeal as described
herein. The Director will reduce to writing the employee's grievance, the facts, and the decision. This
document, together with a statement of the grievance written by the employee shall be forwarded to the
appropriate Director General at HJC and Human Resource Office for review.
v. The Director General and Human Resource Office will discuss the matter with the employee, the
appropriate member of the Consultative Body and the Director, and will propose a resolution within a
reasonable time. If the employee and the Director agree with the proposed resolution then the matter will
be considered closed. The Human Resource Office’s proposed resolution will be noted in the grievance
documentation, together with the reasons for it.
vi. If either the aggrieved employee and/or the Director do not accept the Human Resource Office's
proposed resolution, they may appeal to the Chair of the Consultative Body.
vii. The Human Resource Office will forward the grievance documentation to the Chair /designee. The
Chair/designee will discuss the matter with the employee after reviewing the grievance documentation,
the decisions of the supervisor, and the proposed resolution of the Human Resource Office. A final
decision will be communicated to the employee within a reasonable time, and recorded in the grievance
documentation.
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viii. Information concerning an employee grievance is received in strict confidence. The Director and
other members of management as appropriate will discuss a grievance only with those individuals who
are involved in processing the grievance.
ix. Time spent by aggrieved employees in grievance discussions with management during their normal
working hours will be considered hours worked for pay purposes.
x. Whenever two or more employees have a common or similar complaint, they shall designate a
representative in lieu of which the Chair of the Consultative Body will select one or more of them to
represent the group. The final decision on the grievance will be binding on all members of the group.
xi. Management decisions on grievances will not be precedent-setting nor binding on future grievances
unless they are officially stated as JDI policy. Whenever possible, the decisions will be retroactive to the
date of the employee's official complaint.
xii. The Human Resource Office is responsible to monitor that employees who use the grievance
procedure are not subject to reprisal from employees or management. Any reprisal against employees
who use the grievance procedure will be reported to the Chair of the Consultative Body, and dealt with.
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X DISCIPLINARY PROCEDURE
50. Employee Conduct & Disciplinary Procedure
All employees are required to adhere to certain rules of conduct while employed by The Judicial
Development Institute. These rules of conduct are intended to foster a sound working environment by
prohibiting employee conduct that adversely affects the institute's ability to fulfill its mission. The following
are guidelines for supervisors that are set forth as examples of situations where discipline or termination
of employment may result. They are illustrative of best practices and by no way supersede or nullify
provisions under the law that civil servants may be subject to, especially the Civil Service Law No. 24 of
1960 as amended and the Discipline Law No. 14 of 1991 as amended.
A code of conduct is necessary for the establishment and maintenance of an effective and pleasant
working atmosphere. Any and all employee conduct which interferes with the effective operation of the
institute’s business and which is detrimental to the institute's best interest is inappropriate and will result
in disciplinary sanction. While the following is not an all-inclusive list, it includes some of the types of
conduct that will not be tolerated:
a. reporting for work under the influence of alcohol or controlled substances;
b. possessing, using, distributing or selling alcoholic beverages on the institute’s premises;
c. possessing, using, manufacturing, dispensing, purchasing, selling, transferring, or distributing
controlled substances on the institute’s premises;
d. fighting on the institute’s premises;
e. gambling on the institute’s premises;
f. possessing firearms or explosives on the institute’s premises even with a legally issued permit;
g. taking or removing, without permission or authorization, the property of another employee or the
property of the institute;
h. willfully defacing or destroying property of the institute or other employees;
i. engaging in dishonest conduct to the detriment of the institute;
j. engaging in inappropriate conduct to the detriment of the institute;
k. falsifying facts in an employment application;
l. altering a document without authorization, or knowingly causing or approving submission of a false
document;
m. engaging in insubordinate conduct, such as refusal to carry out reasonable directives or assignments
from a supervisor;
n. being absent from work due to illness, injury, or pregnancy on an excessive basis without appropriate
medical documentation;
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o. unauthorized absence from one's job or workstation during working hours (excluding lunch periods,
rest and prayer periods);
p. receiving or making excessive personal phone calls;
q. repeated tardiness; and
r. engaging in inappropriate conduct, such as demeaning, humiliating criticism to a subordinate by a
supervisor at any time, by a subordinate to a supervisor, or peer to peer.
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i. If an employee's conduct violates any law, the institute will take whatever action it deems appropriate
to uphold such law.
ii. Engaging in prohibited conduct (including, but not limited to the above examples) may result in
disciplinary action up to and including termination.
iii. Director of JDI must document each instance of discipline, including a verbal warning. A copy of this
documentation will be forwarded to the Human Resources Office at HJC for inclusion in the
employee’s file.
iv. The Director will consult with the Director General at HJC and Human Resources Office before
imposing disciplinary sanctions. The Director will consult with the Human Resources Office before
proposing a suspension or involuntary termination to the Consultative Body. The Chair/designee of
the Consultative Body will make the final decision on all suspensions and involuntary terminations
after consultation with the Director General and Human Resources office at HJC.
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51. Termination of Employment
i. All employees of JDI are governed by the Civil Service Law No. 24 of 1960 as amended and related
legislations in force. All proposed involuntary terminations must be reviewed no doubt in accordance
with the law in force.
ii. Employees who resign (voluntary termination) are required to give a minimum of 30 days notice
under the law.22
iii. Terminated employees will be covered by entitlements under the Civil Service Law as in force at the
time of termination.
iv. Individual voluntarily terminating employment will be requested to participate in exit interview(s)
conducted by the Human Resources Office, the Director General, the Director of JDI or the Chair of
the Consultative Body.
22
Civil Service Law 24 of 1960 Article 35
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ANNEX I COMPILATION OF RELATED MINISTRY OF FINANCE REGULATIONS 2005-2009
(Adil to provide in Arabic)
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ANNEX II UPDATED AND ANNOTED COPY OF CIVIL SERVICE LAW 24 OF 1960 (WITH ALL
AMENDMENTS UPTO AND INCLUSIVE OF 2009) ALONG WITH COPIES OF RELATED
LEGISLATIONS AS LISTED BELOW:
(Saad to provide in Arabic)
Civil Service Law No. 24 of 1960 as amended (annotated and updated copy)
Personnel Law No. 25 of 1960 as amended
Discipline Law No. 14 of 1991 as amended
Travel Fees Law No. 38 of 1980 as amended
Employees Compensatory Liability Law No. 12 of 2006
Pension Law No. 27 of 2006
Law of Federal Public Service Board No. 4 of 2009
Law of Salaries of State and Public Officials No. 22 of 2008
Amendment on Pension Law No. 69 of 2007
Federal Budget Law of 2010
Code of Ethics No. 1 of 2005
Judicial Oversight Law No. 95 of 2004
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ANNEX III FINANCIAL MANAGEMENT LAW No.95 OF 2004
(Araz to provide in Arabic)
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P = Permanently
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JDI Draft PP Deskbook - General Operations and Management final version for QC 1 10 gb(1)

  • 1. Policies & Procedures Manual General Operations Manual of Policies & Procedures General Operations and Management Judicial Development Institute February 2010
  • 2. Policies & Procedures Manual General Operations TABLE OF CONTENTS I INTRODUCTION 1. Purpose of this Manual 2. Purpose of the Judicial Development Institute • Our Vision • Our Goal • Our Legal Authority 3. Organizational Structure of the JDI 4. Institutional Competencies 5. Organizational Competencies 6. Processes Involved in Managing the Institute 7. Eight Quality Management Principles of the ISO • Beneficiary focus • Leadership • Involvement of people • Process approach • System approach to management • Continual improvement • Factual approach to decision making • Mutually beneficial supplier relationship 8. The Next Step II HUMAN RESOURCE MANAGEMENT 9. Equal Employment Opportunity 10. Recruitment 11. Nepotism 12. Release of Employee Information 13. Attendance and Punctuality 14. Work Schedule 15. Meal Breaks 16. Rest and Prayer Breaks 17. Leave Entitlement Allowances 18. Harassment and Workplace Violence 19. Substance Abuse and Drug Free Workplace 20. Personal Appearance and Workplace Ethics 21. Personal Property 22. Conflict of Interest 23. Termination of Employment III FINANCIAL MANAGEMENT
  • 3. Policies & Procedures Manual General Operations 24. Responsibility for Financial Management 25. Management Reports 26. Income and Expenditure Budgets 27. Receipt of Cash 28. Receipt for Checks and Cash 29. Write-offs 30. Petty Cash IV COMPUTING RESOURCES MANAGEMENT 31. Principles 32. Use of Computing Resources 33. Privacy Issues 34. Software Management Responsibility 35. Internet Policy 36. Legal Context V FILING AND RECORDS MANAGEMENT 37. Filing and Records Management Policy 38. Business Records Retention Schedule VI PROCUREMENT POLICIES 39. General Contract Award Management Policy 40. Acquisition Policy for Goods and Services 41. Property/Equipment Standards VII EMERGENCY PROCEDURES 42. Emergency Security Plan VIII COMPLAINTS HANDLING 43. Supervisory Responsibility 44. Complaint Procedure 45. Investigation and Resolution 46. Prompt Attention 47. Confidentiality 48. Relationship to Freedom of Expression IX GRIEVANCE PROCEDURE 49. Procedure
  • 4. Policies & Procedures Manual General Operations X DISCIPLINARY PROCEDURE 50. Employee Conduct and Disciplinary Procedure 51. Termination of Employment ANNEX I COMPILATION OF MINISTRY OF FINANCE REGULATIONS 2005-2009 ANNEX II UPDATED COPY OF CIVIL SERVICE LAW 24 OF 1960 WITH ALL AMENDMENTS AND RELATED LEGISLATIONS UPTO 2009: 1. Civil Service Law No. 24 of 1960 as amended (annotated and updated copy) 2. Personnel Law No. 25 of 1960 as amended 3. Discipline Law No. 14 of 1991 as amended 4. Travel Fees Law No. 38 of 1980 as amended 5. Employees Compensatory Liability Law No. 12 of 2006 6. Pension Law No. 27 of 2006 7. Law of Federal Public Service Board No. 4 of 2009 8. Law of Salaries of State and Public Officials No. 22 of 2008 9. Amendment on Pension Law No. 69 of 2007 10. Federal Budget Law of 2010 11. Code of Ethics No. 1 of 2005 12. Judicial Oversight Law No. 95 of 2004 ANNEX III FINANCIAL MANAGEMENT LAW No.95 OF 2004
  • 5. Policies & Procedures Manual General Operations I INTRODUCTION 1. Purpose of this Manual The policies and procedures outlined in this document have been established by The Judicial Development Institute (JDI) as management guidelines and may be revised, expanded, or discontinued at its sole discretion. This document is a compilation of JDI’s policies and procedures relating to general operations and management of the institute. They are designed to maximize efficiency and the effectiveness of the work force. This compilation is intended to serve as a reference tool for managers, supervisors, staff, and others who are responsible for administering JDI’s management policies. Written policies promote consistent application by standardizing the way in which recurring matters are handled. This policies and procedures manual has benefitted from some of the best international standards and practices relating to quality management. It has used as a reference the eight Quality Management Principles1 laid down by the International Organization for Standardization (ISO), Geneva, which sets standards for ISO accreditation globally. The principles are derived from the collective experience and knowledge of the international experts who sit on the ISO Technical Committee (ISO/TC 176) on Quality Management and Quality Assurance. It is hoped that JDI will in turn aspire for and acquire ISO accreditation in the future. The manual has turned for examples and references for its Human Resources Management section to the Personnel Policies and Procedures Manual2 of the National Judicial College, Reno, Nevada, adapting the document to needs based on local realities. It has referred to and used purposefully as much of the existing laws, regulations and rules relating to the Iraqi Civil Service and has referred to them extensively wherever required. It also has as Annexes relevant legislations and regulations, which the user will find to be of benefit. The document has also benefitted for its sections on Procurement Policies and Record Management Policies from a sample Policy and Procedure Manual for Community Development Corporations (CDCs)3 developed by Local Initiatives Support Corporation (LISC), New York. The manual was developed to assist CDCs in their administration of federal funds. To make the most effective use of these policies and procedures, each section head/official and employee with supervisory responsibility must be familiar with the contents, skillful at implementing the policies, and be able to clearly communicate them to other employees. Recognizing that supervisors differ in their degree of supervisory expertise and experience, supervisors are encouraged to raise any questions they might have about interpretation or application of the policies with the Director of Administration. 1 http://www.iso.org/iso/iso_catalogue/management_standards/iso_9000_1400/qmp/htm 2 Personnel Policies and Procedure, Reviewed Date: 9/22/05, The National Judicial College, Reno, Nevada, USA 3 Sample CDC Policies and Procedures, Author: LISC, Date Published: 01/14/2002
  • 6. Policies & Procedures Manual General Operations Each section head and employee with supervisory responsibility is responsible for ensuring that these policies and procedures are administered fairly and consistently. Every employee of JDI will have access to these policies and procedures in a ring-binder that will be maintained at the Director’s Office. 2. Purpose of the Judicial Development Institute • Our vision: Effectively managing the professional development of the Iraqi justice system to meet the evolving needs of society in a democratic state • Our goal: Create a sustainable and responsive system for the professional development of the judiciary. • Our legal authority: Derived under the Constitution as an integral part of the High Judicial Council and established on the strength of an Administrative Order issued under the seal of the Chief Justice of the Federal Supreme Court of Iraq.4 4 Administrative Orders No. 929/Office/2009 and No. 934/Office/2009 both dated 09/15/2009
  • 7. Policies & Procedures Manual General Operations 3. Organizational Structure of the JDI
  • 8. Policies & Procedures Manual General Operations 4. Institutional Competencies The following core institutional competencies have been identified for JDI:5 • (1) Leadership • (2) Student Administration • (3) Donor Coordination • (4) Public Affairs • (5) Resources, Budget, Finance • (6) Human Resource Management • (7) Curriculum Development • (8) Information Technology Management 5 JALEA/JEDI Discussion Paper: Database and Data Collection Tools, p.2, dated 09/28/2009
  • 9. Policies & Procedures Manual General Operations 5. Organizational Components In addition the following organizational components of JDI have to be borne in mind:6 • Management systems • Curriculum development processes • Linkages to well defined planning and implementation framework at HJC • Increased capacity of beneficiaries that access the facility 6 JALEA/JEDI Discussion Paper: Database and Data Collection Tools, p.3 dated 09/28/2009
  • 10. Policies & Procedures Manual General Operations 6. Processes Involved in Managing the Institute7 The following core processes are involved in managing the institute: • Supervision and Oversight • Human Resources Management • Financial Management • Operations & Maintenance • Quality Assurance & Quality Control 7 JALEA/JEDI Discussion Paper: Database and Data Collection Tools, pp 3-5, dated 09/28/2009
  • 11. Policies & Procedures Manual General Operations 7. Eight Quality Management Principles of the International Organization of Standardization The eight Quality Management Principles as developed by the International Organization for Standardization8 and as listed below, should be used by senior management as a framework to guide JDI towards improved performance. The listing below additionally provides examples of the benefits derived from their use and of actions that managers typically take to improve their organizations' performance. Principle 1: Beneficiary focus Organizations depend on their beneficiaries and therefore should understand current and future needs of beneficiaries should meet beneficiary requirements and strive to exceed beneficiary expectations. The ‘beneficiary’ in the case of JDI is the recipient of its various training activities. Key benefits: • Increased productivity. • Increased effectiveness in the use of the organization's resources to enhance beneficiary satisfaction. • Improved loyalty of beneficiaries. Applying the principle of beneficiary focus typically leads to: • Assessing, researching and understanding beneficiary needs and expectations. • Ensuring that the objectives of the organization are linked to beneficiary needs and expectations. • Communicating beneficiary needs and expectations throughout the organization. • Measuring beneficiary satisfaction and acting on the results. • Systematically managing beneficiary relationships. • Ensuring a balanced approach between satisfying beneficiaries and other interested parties (such as employees, resource persons, trainers, donors, communities and society as a whole). 8 http://www.iso.org/iso/iso_catalogue/management_standards/iso_9000_1400/qmp/htm
  • 12. Policies & Procedures Manual General Operations Principle 2: Leadership Leaders establish unity of purpose and direction of the organization. They should create and maintain the internal environment in which people can become fully involved in achieving the organization's objectives. Key benefits: • People will understand and be motivated towards the organization's goals and objectives. • Activities are evaluated, aligned and implemented in a unified way. • Miscommunication between levels of an organization will be minimized. Applying the principle of leadership typically leads to: • Considering the needs of all interested parties including beneficiaries, resource persons, trainers, donors, communities and society as a whole. • Establishing a clear vision of the organization's future. • Setting challenging goals and targets. • Creating and sustaining shared values, fairness and ethical role models at all levels of the organization. • Establishing trust and eliminating fear. • Providing people with the required resources, training and freedom to act with responsibility and accountability. • Inspiring, encouraging and recognizing people's contributions.
  • 13. Policies & Procedures Manual General Operations Principle 3: Involvement of people People at all levels are the essence of an organization and their full involvement enables their abilities to be used for the organization's benefit. Key benefits: • Motivated, committed and involved people within the organization. • Innovation and creativity in furthering the organization's objectives. • People being accountable for their own performance. • People eager to participate in and contribute to continual improvement. Applying the principle of involvement of people typically leads to: • People understanding the importance of their contribution and role in the organization. • People identifying constraints to their performance. • People accepting ownership of problems and their responsibility for solving them. • People evaluating their performance against their personal goals and objectives • People actively seeking opportunities to enhance their competence, knowledge and experience. • People freely sharing knowledge and experience. • People openly discussing problems and issues
  • 14. Policies & Procedures Manual General Operations Principle 4: Process approach A desired result is achieved more efficiently when activities and related resources are managed as a process. Key benefits: • Lower costs and shorter cycle times through effective use of resources. • Improved, consistent and predictable results. • Focused and prioritized improvement opportunities. Applying the principle of process approach typically leads to: • Systematically defining the activities necessary to obtain a desired result. • Establishing clear responsibility and accountability for managing key activities. • Analyzing and measuring of the capability of key activities. • Identifying the interfaces of key activities within and between the functions of the organization. • Focusing on the factors such as resources, methods, and materials that will improve key activities of the organization. • Evaluating risks, consequences and impacts of activities on beneficiaries, resource persons and other interested parties.
  • 15. Policies & Procedures Manual General Operations Principle 5: System approach to management Identifying, understanding and managing interrelated processes as a system contributes to the organization's effectiveness and efficiency in achieving its objectives. Key benefits: • Integration and alignment of the processes that will best achieve the desired results. • Ability to focus effort on the key processes. • Providing confidence to interested parties as to the consistency, effectiveness and efficiency of the organization. Applying the principle of system approach to management typically leads to: • Structuring a system to achieve the organization's objectives in the most effective and efficient way. • Understanding the interdependencies between the processes of the system. • Structured approaches that harmonize and integrate processes. • Providing a better understanding of the roles and responsibilities necessary for achieving common objectives and thereby reducing cross-functional barriers. • Understanding organizational capabilities and establishing resource constraints prior to action. • Targeting and defining how specific activities within a system should operate. • Continually improving the system through measurement and evaluation
  • 16. Policies & Procedures Manual General Operations Principle 6: Continual improvement Continual improvement of the organization's overall performance should be a permanent objective of the organization. Key benefits: • Performance advantage through improved organizational capabilities. • Alignment of improvement activities at all levels to an organization's strategic intent. • Flexibility to react quickly to opportunities. Applying the principle of continual improvement typically leads to: • Employing a consistent organization-wide approach to continual improvement of the organization's performance. • Providing people with training in the methods and tools of continual improvement. • Making continual improvement of products, processes and systems an objective for every individual in the organization. • Establishing goals to guide, and measures to track, continual improvement. • Recognizing and acknowledging improvements.
  • 17. Policies & Procedures Manual General Operations Principle 7: Factual approach to decision making Effective decisions are based on the analysis of data and information Key benefits: • Informed decisions. • An increased ability to demonstrate the effectiveness of past decisions through reference to factual records. • Increased ability to review, challenge and change opinions and decisions. Applying the principle of factual approach to decision making typically leads to: • Ensuring that data and information are sufficiently accurate and reliable. • Making data accessible to those who need it. • Analyzing data and information using valid methods. • Making decisions and taking action based on factual analysis, balanced with experience and intuition
  • 18. Policies & Procedures Manual General Operations Principle 8: Mutually beneficial supplier relationships An organization and its suppliers are interdependent and a mutually beneficial relationship enhances the ability of both to create value. The ‘supplier’ in the context of the activities of JDI would be the pool of resources that the institute relies upon for its training activities. Key benefits: • Increased ability to create value for both parties. • Flexibility and speed of joint responses to changing beneficiary needs and expectations. • Optimization of costs and resources. Applying the principles of mutually beneficial supplier relationships typically leads to: • Establishing relationships that balance short-term gains with long-term considerations. • Pooling of expertise and resources with partners. • Identifying and selecting key resource support. • Clear and open communication. • Sharing information and future plans. • Establishing joint development and improvement activities. • Inspiring, encouraging and recognizing improvements and achievements by resource persons.
  • 19. Policies & Procedures Manual General Operations 8. The Next Step We have in this introductory section provided a general perspective on the eight quality management principles and how these principles, collectively, can form a basis for performance improvement and organizational excellence. There are many different ways of applying these eight quality management principles. The nature of the organization and the specific challenges it faces will no doubt determine how to implement them. JDI should no doubt suitably adapt these principles to its needs. JDI will moreover find it beneficial to set up quality management systems based on these principles.
  • 20. Policies & Procedures Manual General Operations II PERSONNEL POLICIES 9. Equal Employment Opportunity Iraqis are equal before the law without discrimination based on gender, race, ethnicity, national origin, sect, belief or opinion, or economic or social status.9 JDI is committed to providing equal opportunity employment to all employees and applicants for employment in accordance with the supreme law of the country. i. This policy applies to all terms, conditions, and privileges of employment including hiring, probation, training, placement and employee development, promotion, transfer, compensation, benefits, educational assistance, reduction in force, employee facilities, termination, and retirement, subject to the Civil Service Law No. 24 of 1960 as amended and related legislations, including Law of Salaries of State and Public Sector Officials No. 22 of 2008 and Pension Law No. 27 of 2006 as amended by Law No. 69 of 2007, Travel Fees Law No. 38 of 1980 as amended. ii. The Office of the Director General for Employee Relations at the High Judicial Council (HJC) is responsible for formulating, implementing, coordinating, and monitoring all efforts in the area of equal employment opportunity. iii. Any communication from an applicant for employment, an employee, a government agency, or an attorney concerning any equal employment opportunity matter should be referred to the Director General’s Office at HJC or alternatively to the Chair of the Consultative Board of JDI. iv. While overall authority for implementing this policy is assigned to the Director General’s Office at HJC, an effective equal employment opportunity program cannot be achieved without the support of supervisory personnel at all levels. It is crucial therefore to ensure close involvement of Director of Administration at JDI in this process. 9 Iraqi Constitution, Article 14, Section Two, Rights and Liberties, Chapter One (Rights) First: Civil and Political Rights
  • 21. Policies & Procedures Manual General Operations 10. Recruitment JDI is committed to being an equal opportunity employer and its policies in this regard conform to Article 14 of the Iraqi Constitution in hiring/advancing qualified individuals for employment. i. When the Director, JDI upon request from a section head determines that there is a requirement to hire a new employee and meets the requirements under Article 8 of the Civil Service Law No. 24 of 1960 as amended, he/she will submit a Request to hire form to the Director General’s Office for Employment Relations at HJC who will in turn obtain authorization from the Chair of the Consultative Body of JDI or place it before the Federal Public Service Board as required in accordance with Law of Federal Public Service Board No. 4 of 2009. As further laid down under Article 8(1) of the Civil Service Law No. 24 of 196010 it is essential to ensure that there is a vacant position in the cadre, i.e. the total of posts and the grades designated for them as approved by the Federal Budget Law of 2010 or by the Minister of Finance (Article 2 of the Act) as the case may be. ii. All job openings will be posted for a minimum of five business days. The Director’s Office will initiate advertising for vacant positions and may utilize various advertising mediums as necessary. iii. The initial screening of applicants being considered for employment will be conducted at the Director’s Office in JDI who will determine that: a. The employment application is completed in full. b. The applicant has the legal right to work in Iraq. c. The applicant meets the minimum requirements listed in the job posting. d. The applicant is not a relative of any employee or board member. Relatives of JDI employees will not be considered for permanent, full time employment. e. If the applicant is a former employee, whether he/she left JDI in good standing. Former employees who resigned without adequate notice or who were dismissed from service for cause will not be considered for re-employment. f. The applicant has no pertinent criminal convictions. Criminal conviction is not an absolute bar to employment, but will be considered in relation to specific job requirements and whether employment will adversely affect the operations of JDI. Provisions under Discipline Law No. 14 of 1991on State Officials Discipline as amended apply. g. The applicant should further meet all requirements for employment under the 10 Article 8: The following conditions shall be observed in appointment:- (1) Presence of a vacant post in the cadre
  • 22. Policies & Procedures Manual General Operations Civil Service Law No. 24 of 1960 as amended. iv. An offer of employment will be made contingent upon receiving favorable employment and background references and fulfilling the conditions of appointment and employment as laid down under Article 7 of the Civil Service Law No. 24 of 196011 as amended. v. If the background investigation discloses any substantive misrepresentation on the application form or information indicating that the individual is not suited for employment with JDI, the applicant will not be hired. vi. An employee shall, on his first appointment be under probation for one year under active service and an order for his confirmation in his grade shall be issued on its termination and subject to proof of efficiency. Otherwise his period of probation shall be extended by another six months.12 vii. Any employee promoted to a post whose duties differ from the duties of his post shall be under probation for six months from the date of assuming his duties in the post to which he was promoted at the end of which an order of confirmation shall be issued if his ability in the new post is proved, otherwise his probation shall be extended for a six months limit.13 11 Article 7: No person shall be eligible for appointment to a government post for the first time unless: (1) He is Iraqi or has held Iraqi Nationality for not less than 5 years (2) He has completed his 18th year (for nurses 16th year) (3) He was successful in the medical examination and free from contagious diseases and bodily and mental disease which may prevent him from performing the duties of the post to which he is appointed in accordance with the decision of the competent medical authorities pursuant to the provisions of a special regulation. 12 Article 14(1) of Civil Service Law of 1960 as amended 13 Ibid Article 20(1)
  • 23. Policies & Procedures Manual General Operations 11. Nepotism Relatives of JDI employees will not be considered for employment in permanent, full-time positions. For purposes of this policy, relatives are defined as: spouse, son, daughter, son-in-law, daughter-in-law, brother, sister, brother-in-law, sister-in-law, mother, father, mother-in-law, father-in-law, step-parents, step-children, grandparents, grandchildren, uncles, aunts, nieces, nephews.
  • 24. Policies & Procedures Manual General Operations 12. Release of Employee Information In the interest of and for the protection of both the JDI and the employee, official reference information on employees will be limited to dates of employment and job title. All requests for reference information should be directed to the Director General’s office at HJC. Employees who wish to have additional employment information released must submit a written request to the Human Resources section specifically outlining the information that should be released.
  • 25. Policies & Procedures Manual General Operations 13. Attendance and Punctuality All employees are expected to report for work per schedule as notified to them under their terms of employment. When valid reasons interfere with attendance, employees should notify their section heads as far in advance as possible to permit a replacement to be scheduled. If the section head is unavailable, employees should contact the section’s next line of seniority, Human Resources section or the Director’s Office. Failure to notify of any anticipated absence or delay in reporting for work may result in loss of compensation during the absence and/or disciplinary action, up to and including termination. Excessive absenteeism and chronic tardiness are disruptive, unacceptable and if not corrected will be grounds for disciplinary action up to and including termination. Section heads should document the behavior, determine the reason for the behavior, and assist the employee in correcting the problem.
  • 26. Policies & Procedures Manual General Operations An employee who fails to report to work and fails to notify his/her section head/Human Resources section/ Director for three business days will be considered to have abandoned his/her job and may be subject to disciplinary procedures, including possible termination.
  • 27. Policies & Procedures Manual General Operations 14. Work Schedule All employees are required to have a written normal work schedule, a copy of which should be on file with his/her section head, Finance section and the Human Resources section at JDI. All full-time employees are expected to work a Sunday through Thursday, five-day workweek, unless otherwise directed by their supervisor. Within that five-day workweek, employees may, at the discretion of the Director JDI, be permitted some flexibility in their regular working hours. Employee work schedules must be approved by the section head and the Director JDI. In determining whether to approve an employee's schedule, the Director has full discretion. Each section head is responsible for monitoring the effectiveness of their employees’ schedules to ensure that JDI’s needs are met.
  • 28. Policies & Procedures Manual General Operations 15. Meal Breaks Each full-time employee will be allowed a meal period near the middle of his/her work shift. A minimum meal period of 30 minutes must be taken each day, extendable at the most to 60 minutes. Employees are not compensated for their meal breaks. Employees are encouraged to leave their work area during meal breaks. A break room will be provided for employees to use during meal periods. Section heads/designees are responsible for balancing workloads and scheduling meal breaks. When necessary, the time of meal periods may be changed.
  • 29. Policies & Procedures Manual General Operations 16. Rest and Prayer Breaks Each employee will receive a rest and prayer break of fifteen minutes, which in so far as is practical will coincide with the call to prayer provided it is not broken by a meal period. Time spent on rest and prayer breaks is compensated as hours worked. Employees are encouraged to leave their work area during rest and prayer breaks.
  • 30. Policies & Procedures Manual General Operations 17. Leave Entitlement and Allowances All leave entitlements shall conform to Iraqi Civil Service Law No. 24 of 1960 Chapter (8) Articles 43-50 as amended and this will be clearly spelt out in each employee’s terms of employment. Admissible allowances are covered under Chapter (9) Articles 51-70 of the Law No.24 of 1960 as amended as also Law of Salaries of State and Public Officials No. 22 of 2008 and Travel Fees Law No. 38 of 1980 as amended. Terms of employment will clearly spell them out for the employee’s benefit.
  • 31. Policies & Procedures Manual General Operations 18. Harassment and Workplace Violence JDI is committed to a workplace free of discrimination and harassment based on race, color, religion, age, sex, national origin, or any other protected status under the Constitution and the law of the country. JDI does not tolerate acts of workplace violence committed by or against employees. Employees shall not make threats or engage in violent acts. This is a zero-tolerance policy, meaning that the JDI disciplines or terminates every employee found to have violated this policy. Besides punitive measures under the Penal Code No.111 0f 1969, employees are also subject to provisions under Law No. 14 of 1991 as amended on State Officials Discipline and as they apply to grounds for termination of employment.
  • 32. Policies & Procedures Manual General Operations 19. Substance Abuse and Drug Free Workplace JDI is committed to providing a workplace environment that ensures the safety and encourages the personal health and productivity of all employees. JDI recognizes that substance abuse in the workplace is a threat to the safety, health and job performance of all employees. The goal of this policy is to balance respect for individuals with the need to maintain a safe and productive alcohol free environment. Disciplinary procedures for drunken behavior at workplace14 , including possible termination under Article 5 of the Law No. 14 of 1991on State Officials Discipline as amended will be strictly enforced. 14 Article 5: The official shall be prohibited from doing the following:- …….. Twelfthly: Attending the office centre while noticeably intoxicated or appearing in obvious drunkenness in a public place.
  • 33. Policies & Procedures Manual General Operations 20. Personal Appearance and Workplace Ethics Professional appearance is important due to the nature of work performed at JDI. Employee appearance is one of the first impressions upon which the institute is judged. All employees are expected to dress in a manner suitable to a professional organization and maintain good grooming and personal hygiene. Employees are expected to carry themselves with dignity and show courtesy in their dealings. Law No. 4 on State Officials Discipline applies in this regard.15 15 Article 4: Fourthly: To treat subordinates and superiors amicably as to preserve their dignity.
  • 34. Policies & Procedures Manual General Operations 21. Personal Property JDI will make a reasonable effort to assist its employees to safeguard their personal property while at work. However, the JDI cannot assume responsibility for the loss or theft of personal belongings. Employees are expected to exercise reasonable precautions to protect their personal property. Wallets, purses or other valuables should be secured in a locked cabinet or drawer, and JDI premises should not be used to store personal property. JDI is not responsible for damage to personal items. Exceptions will be made only for personal items that have been approved for use in the institute’s business by the Director.
  • 35. Policies & Procedures Manual General Operations 22. Conflict of Interest All employees are prohibited from engaging in outside business or professional activities that conflict with their obligations to JDI. Prior to engaging in outside business or professional activity, the employee should seek approval from the Director. If there is any uncertainty or disagreement, the employee or the Director should seek a review from the Consultative Body. On an annual basis employees will be required to submit a form disclosing any outside business or professional activities to the Director of JDI. The Chair of the Consultative Body will have the responsibility to determine whether or not a conflict of interest may exist.
  • 36. Policies & Procedures Manual General Operations 23. Termination of Employment Termination of employment shall be in conformity with the relevant law as laid down under the Civil Service Law No. 24 of 1960 as amended and related legislation and administrative orders issued in this regard. JDI will moreover have well defined policies on disciplinary procedures and grievance handling procedures. This manual provides under sections VIII and IX procedures in this regard, which may be suitably amended to the needs of JDI and in conformity with the law as required.
  • 37. Policies & Procedures Manual General Operations III FINANCIAL MANAGEMENT 24. Responsibility for Financial Management The Director of JDI has the overall responsibility for Financial Management and for overseeing and managing financial affairs on a daily basis at JDI and he is considered to be a ‘budget executor delegate’ for the ‘budget executor’ represented by the Chief Justice of the HJC as defined in Section 2 Definition No.5 of the Financial Management Law No. 95 of 2004.16 Much of the control and supervision is delegated to the accounts department staff of the Budget and Finance section under provisions of Section 11 para 1 of the Financial Management Law No. 95 of 2004. Budget executors under the Law are responsible for the financial management of their sections and compliance with financial regulatory procedures in force. They shall be responsible for the accounting and internal control of transactions related to receipts, commitments and payments of spending units and sub- units falling within their jurisdiction. Individual section heads are responsible for the financial management of their sections and compliance with regulatory procedures in force as described in Section 9 para 5 of the Financial Management Law No. 95 of 2004. Budget executors are also responsible for ensuring that allocated funds within their spending units are used for lawful purposes. If anyone has cause to be concerned about any aspect of financial management, they should refer their concern to the Director at once. 16 An authorized person or person delegated by the budget executor, responsible for execution of the budget
  • 38. Policies & Procedures Manual General Operations 25. Management Reports The accounting system is capable of producing a large range of management reports on the JDI’s accounting performance. Budget Implementation Instructions of 2009 issued by the Ministry of Finance under Section 1 specifies the kinds of financial reports that should be presented to the Ministry on a monthly and annual basis by each ‘spending unit’.17 JDI as a part of the HJC organizational structure is also expected to produce one or more of the following financial reports for submission to the related financial departments at the HJC (e.g. budget department and expenditures department): • Trail Balance • Monetary Budget • Revenue Report • Consolidated Monthly Reports Other reports can be produced on request to the accounts department. 17 A ‘spending unit’ is defined in Section 2 Definition No. 34 of the Financial Management Law. HJC is a ‘spending unit’ under the Law.
  • 39. Policies & Procedures Manual General Operations 26. Income and Expenditure Budgets Annual income and expenditure budgets are to be prepared and these are to be used in the monitoring of JDI’s financial performance. Budget Implementation instructions of 2009 issued by the Ministry of Finance under Section 1 para 2 applies to all Directorates committed to prepare monthly monetary budget and this should include advances and trust accounts, debtors and creditors accounts and all accounting transactions that relate to the accounting and financial aspect of the unit. The unit is also required to identify cash liquidity at that point of time against actual requirement. Each month the Director will review budget variance reports.
  • 40. Policies & Procedures Manual General Operations 27. Receipts of Cash When payment is made in cash issuing a petty cash voucher with details of date, amount, who it is paid to and what it is for should be filled in as a standard practice. Receipt for claiming travelling and other work related out of pocket expenses must be placed in the file for accounting purposes. Cash must never be left unattended, for example on a desk and must be firmly secured in safe custody at the Director’s office. Any cash or cheques held by the accounts department overnight are to be safely kept in the Director’s office.
  • 41. Policies & Procedures Manual General Operations 28. Receipts for Cheques and Cash Only the Director or his designee is authorised to issue formal receipts for cheques or cash.
  • 42. Policies & Procedures Manual General Operations 29. Write-offs The write-off of any balance in respect of debts or assets can be authorised according to the related instructions and regulations in force. Budget Implementation Instructions 2009 issued by the Ministry of Finance in section 2 Article 6 states that Article 11 Section 4 of the Financial Management Law 95 of 2004 must be followed.18 The Accounting Directorate circular No. 16653 of 22 November 2005 about assets writeoff should also be taken into consideration. 18 It provides the following: Subject to the monetary limits established by the Council of Ministers, the Minister of Finance may waive the right of the federal government to collect an amount owing, postpone the time of payment, or allow payment by instalment only under the conditions and procedures provided by the law.
  • 43. Policies & Procedures Manual General Operations 30. Petty Cash With no exception, all petty cash transactions are controlled by the Director. The small petty cash float is to be held by the accounts section under the direct oversee of the head of Budget and Finance. Petty Cash may be issued to cover small nonrecurring expenses. Petty Cash Advance: In order to receive a petty cash advance, a staff member must complete a petty cash request form. The form should be authorized by his/her section head and submitted to the Budget and Finance office for payment. In order to clear the advance, the staff member will bring a receipt for the goods or services purchased and any excess amount due to JDI to the Budget and Finance office within 10 working days following the transaction. Petty Cash Reimbursement: In order to receive a petty cash reimbursement, a staff member will complete a petty cash request form. This form should be authorized by his/her section head and submitted along with a purchase receipt to the Budget and Finance office for payment. The Director or the Head of Budget and Finance will verify the petty cash reconciliation prior to the petty cash replenishment check being issued.
  • 44. Policies & Procedures Manual General Operations IV COMPUTING RESOURCES AND KNOWLEDGE MANAGEMENT 31. Principles Academic freedom in teaching and research and the right of freedom of speech for faculty, staff and students are fundamental principles of JDI. Nothing in these policies limits or removes the right of free speech or the academic freedom of faculty, staff and trainees engaged in the learning process, nor relaxes their responsibilities as members of the JDI community during their tenure at JDI. This computer resources policy seeks to achieve objectives necessary for the legitimate and proper use of the JDI computing resources. It is intended that these ends should be achieved in ways that maximally respect the legitimate interests and rights of all computer users. JDI acknowledges its responsibilities to respect and advance free academic inquiry, free expression, reasonable expectations of privacy, due process, equal protection of the law, and legitimate claims of ownership of intellectual property.
  • 45. Policies & Procedures Manual General Operations 32. Use of Computing Resources The computing resources of JDI are the property of the JDI and are intended for support of the instructional, research, and administrative activities of the institution. Examples of computing resources are system and campus computing facilities and networks, electronic mail, Internet services, lab facilities, office workstations and JDI electronic data-base. Users of JDI computing services, data and facilities are responsible for appropriate and legal use. Appropriate use of system computing resources means 1) respecting the rights of other computer users, 2) protecting the integrity of the physical and software facilities, 3) complying with all pertinent license and contractual agreements, and 4) obeying all JDI regulations and Iraqi laws in force. Inappropriate use of computing or networking resources, as defined in this policy, may result in the loss of computing privileges. If a violation of appropriate use occurs, a warning will first be given, notifying the individual that their action violates policy or law and that their access will be suspended if the action continues. All JDI regulations and the law in force for disciplinary action shall be followed if the need to suspend computing privileges from faculty, staff, or students occurs. However, if the security and operation of the computing systems or networks are jeopardized, access may be immediately cancelled.
  • 46. Policies & Procedures Manual General Operations JDI employees shall not use the JDI computer resources to benefit their personal or financial interest.19 However, limited use for personal purposes is allowable if the use does not interfere with the performance of an employee’s duties, the cost and value related to use is nominal, and the use does not create the appearance of impropriety or of JDI endorsement. Personal use shall not interfere with official institutional use. 19 Law No. 14 of 1991 on State Officials Discipline under Article 4 states: Ninethly: To refrain from exploiting the officialship to achieve a benefit or personal interest for him or for others.
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  • 48. Policies & Procedures Manual General Operations An employee who intentionally or negligently damages JDI computing resources shall be held responsible for the resultant expense. These policies also apply to JDI trainees and instructors.20 Employees Compensatory Liability Law No. 12 of 2006 shall also apply. This Law repeals and replaces Article 61 of the Civil Service Law of 1960 relating to employees liability for loss sustained by the State Treasury on account of employee’s negligence. No user should attempt to disrupt services of the computing and network systems, including the knowing propagation of computer viruses or the bombardment of individuals, groups, or the system with numerous repeated unwanted messages. 20 Law No.14 of 1991 on State Officials Discipline under Article 4 states: Sixthly: To preserve the state properties which are in his possession or under his disposal and using them in the right way.
  • 49. Policies & Procedures Manual General Operations 33. Privacy Issues JDI will provide security measures to protect the integrity and privacy of electronic information such as administrative data, individual data, personal files, and electronic mail.21 Users must not circumvent security measures. While computing resources are system property and all rights are retained regarding them, these rights will be balanced with a reasonable and legitimate expectation that technical staff and administrators will not casually or routinely monitor traffic content or search files. The content of files shall only be examined when there is a reasonable suspicion of wrongdoing or computer misconduct as determined by the institution Director or his or her designee. Examination of files shall be limited to the matter under consideration. 34. Software Management Responsibility 21 Ibid Article 4: Seventhly: To keep secret of the information and documents being seen by him in his official capacity.
  • 50. Policies & Procedures Manual General Operations Users of JDI computing resources are responsible for the legality of their software at all times. Data or software written or created by JDI staff or trainees or IT consultants or contractors hired by JDI must not be copied or used without the due authorization or permission of the authority concerned. All commercial software must be licensed. Users must be aware of the license conditions and should never copy software without consulting the license agreement. Evidence of legal ownership is required. Individual employees and trainees are responsible for not installing illegal computer software on JDI equipment.
  • 51. Policies & Procedures Manual General Operations 35. Internet Policy You should be aware that the JDI agreement with the provider for Internet access prohibits: (i) attempted unauthorized access or destruction of any customers information; (ii) knowingly engaging in any activities that will cause a denial-of-service to any customers; and (iii) using products and services which interfere with the use of the network by other customers or authorized users, or in violation of the law or in aid of any unlawful act.
  • 52. Policies & Procedures Manual General Operations 36. Legal Context All Iraqi laws and JDI rules and regulations are applicable to computer and network usage. Violation may result in disciplinary action. Violation of applicable laws may result in civil damages and criminal sanctions under the due process of law.
  • 53. Policies & Procedures Manual General Operations V FILING AND RECORDS MANAGEMENT 37. Filing and Records Management Policy To ensure that all programs operated by JDI are properly managed and reported on, JDI will establish and monitor a comprehensive filing and records management policy as follows. (i) To ensure that pertinent records are properly managed, JDI will implement a file maintenance and disposition plan for each project/donor funding source when that project/donor funding source becomes inactive/closes-out. When a project is closed a file maintenance and disposition plan form will be filled out and filed for the project. The form includes, but is not limited to, the date the project began, the date the project ended, amount of contract, name and signature, a contact number for project’s manager, a description of the files within the storage case and their filing arrangement, and disposition instructions. Once the “File Maintenance and Disposition Plan” form has been completed, it will be filed and the storage box sent to JDI’s archival facility to be maintained at the premises of the HJC. (ii) Financial records, supporting documents, statistical records, and all other records pertinent to an award of funding from an external/international source shall be retained for a period of three years from the date of the submission of the final expenditure report. If any litigation, claim, or audit is started before the expiration of the three-year period, the records shall be retained until all litigation, claims, or audit findings have been resolved and final action taken. (iii) Records for real property and equipment acquired with state Treasury Funds must be retained for three years after final disposition of said property.
  • 54. Policies & Procedures Manual General Operations 38. Business Records Retention Schedule ACCOUNTING AND FISCAL TERM CORPORATE TERM Accounts Payable Records 3 Admin Order of Incorporation of JDI P Accounts Receivable Records 3 Charter and Mission Statement of JDI P Audit Reports P Annual Reports P Audit Reports Internal 3 Procurement Contracts (After Expiration) 3 Bank Statements and Reconciliation 3 Copyrights of publications P Canceled Checks 3 Correspondence (General) 3 Check Registers 3 Correspondence (Legal) P Cash Receipts Book 3 Insurance Policies (After Expiration) 3 Expense Analysis & Distribution Schedules 3 Inventories 3 Financial Statements P Leases for equipment if any (after expiration) 3 Fixed Assets Records P Legal Briefs of supplier related and employment disputes P General Ledgers P Licenses for use of equipment if any P Invoices 3 Acquisition Records P Journals/Cash Books 3 Consultative Board Minutes P Office Equipment Records (after disposition) 3 PERSONNEL Patents P Employment History P Profit and Loss Statements P Individual Employee Records P Property Records P Payroll Register P Trademark Records P P = Permanently
  • 55. Policies & Procedures Manual General Operations VI PROCUREMENT POLICIES The following policies and procedures will be followed at all times when JDI is using donor funds to purchase supplies, property, equipment and services from an external source: 39 General Contract Award Management Policy (1) No JDI officer, employee, and/or agent will participate in the selection, award, and/or administration of any contract for equipment, materials, and supplies or consulting or professional services if a real or apparent conflict of interest would be involved. Such a conflict will arise when: a. the employee, officer, or agent; b. any member of his/her immediate family; c. his/her partner; or d. an organization which employs or is about to employ, any of the above has a financial or other interest in the firm or individual selected for award. (2) JDI’s officers, employees, and/or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to sub-agreements. (3) JDI will conduct a cost or price analysis and document such analysis in the procurement files in conjunction with every procurement action. (4) If a contract is competitively bid, JDI will enter into a contract with the winning bidder that specifies the services to be completed and payment terms. (5) At a minimum, to adequately evaluate contractor, consultant, and supplier performance, JDI will evaluate each respective provider of goods and services performance at the completion of each contract. This evaluation will be utilized when making award decisions for future contracts. Evaluations may be conducted on a more frequent basis if deemed necessary. (6) Procurement records and files will include the basis for contractor selection, justification for the lack of competition when competitive bids or offers are not obtained, and basis for award cost of price.
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  • 59. Policies & Procedures Manual General Operations 40. Acquisition Policy for Goods and Services The following procurement procedure applies to all purchases of goods and services, including equipment, materials, supplies and professional and consulting services. Employees will conduct all procurement transactions in a manner that maximizes free and open competition. Awards should be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the recipient, price, quality and other factors considered. JDI reserves the right to reject any and all bids or offers, if deemed to be in its best interest. JDI may select from numerous methods of procurement, depending on the amount of the purchase and other considerations. Following are a few examples of possible procurement procedures that JDI may choose to use: (1) Open Market Inquiry. The Director, or other qualified individuals delegated by the Director may inquire in the open market to ensure that the price and quality is the most advantageous to JDI. (2) Request Competitive Oral Quotes. The Director or his/her designee may request competitive quotes orally. A file shall be kept with an abstract of invitations made and offers received. (3) Request Written Quotes from at Least three Different Sources. For purchases and contracts involving a single project or activity, the Director or his/her designee may request and receive written quotations from at least three independent sources. A file shall be kept with an abstract of invitations made, offers received, and the criteria for selection. (4) Request Written Competitive Responses through a Formal Request for Proposal Procedure. For large purchases and contracts, the Director or his/her designee may solicit competitive responses through a formal written request for proposal procedure. Bids will remain sealed until the opening time designated in the request for proposals. All requests for proposals shall contain the phrase “Equal Opportunity Employer”. For the largest purchases JDI makes, after reviewing the bids received, the Director or his/her designee shall make a recommendation to the Consultative Board regarding which bid to accept. A majority of the Board must accept the bid via formal vote before a contract is executed for the service.
  • 60. Policies & Procedures Manual General Operations A file shall be kept with a copy of the request for proposal, a list of individuals/organizations solicited for bids, and a bid sheet that lists the bids received by individual/organization and their respective bid price. In all instances in which the lowest bid is not awarded the contract, justification documentation, such as a memo outlining the selection criteria, shall be placed in the file.
  • 61. Policies & Procedures Manual General Operations 41. Property/Equipment Standards When purchasing property (both real property and equipment), the following procedures will be followed: (1) Title to all property purchased with donor funds will vest with JDI. (2) Property records will be kept showing the general name of the property, identification number, original cost, and depreciated value. These records will be reviewed and necessary revisions made on an annual basis at the end of JDI’s fiscal year. (3) JDI will provide the equivalent insurance coverage for real property and equipment regardless of how the property was acquired by the organization. (4) Equipment purchased, with a purchase price in excess of ID [.], with donor funds is generally considered the property of the donor and must be disposed of through a set procedure. When disposing of equipment with an acquisition cost in excess of ID [.], JDI will follow the respective funding program’s disposal regulations.
  • 62. Policies & Procedures Manual General Operations VII EMERGENCY PROCEDURES 42. Emergency Security Plan JDI in conjunction with the High Judicial Council will develop an emergency security plan for the institute. All employees are expected to become familiar with and adhere to the instructions and guidelines contained therein. Employees are expected to participate in regular emergency training and practice drills, as scheduled by the Director under the plan. Failure to do so will result in disciplinary action up to and including termination.
  • 63. Policies & Procedures Manual General Operations VIII COMPLAINTS HANDLING 43. Supervisory Responsibility The Director, every section head and employee with supervisory responsibility has responsibility to take reasonable steps intended to prevent acts of harassment, which include, but are not limited to: • Monitoring the work environment for signs that harassment may be occurring; • Refraining from participation in, or encouragement of actions that could be perceived as harassment (verbal or otherwise); • Stopping any observed acts that may be considered harassment, and taking appropriate steps to intervene, whether or not the involved individuals are within his/her line of supervision; and • Taking immediate action to minimize or eliminate the contact between the two individuals where there has been a complaint of harassment, pending investigation. The Director, section head and employee with supervisory responsibility who receives a complaint of alleged harassment, or observes or becomes aware of conduct that may constitute harassment, must immediately contact the Human Resources Office to discuss it and/or to report the action taken. The Human Resources Office shall advise the Director of all reports of harassment. Failure to take action to prevent the occurrence of or stop known harassment may be grounds for disciplinary action.
  • 64. Policies & Procedures Manual General Operations 44. Complaint Procedure An individual who believes that he or she has been subjected to harassment by anyone is—but it is neither necessary nor required—to promptly tell the person that the conduct is unwelcome and ask the person to stop the conduct.
  • 65. Policies & Procedures Manual General Operations A person who receives such a request must immediately comply and must not engage in retaliation against the employee. An employee may also choose to file a complaint with Human Resources or the Director.
  • 66. Policies & Procedures Manual General Operations 45. Investigation and Resolution After receiving a complaint of the incident or behavior the Human Resources Manager or the Director will conduct an investigation to gather information about the incident. The investigation may include: • Written statements from the complainant, accused, witnesses, supervisors, or others; • Interviews with the complainant, the accused, witnesses, supervisors, or others; • Engaging the services of an independent professional. At the completion of the investigation appropriate action will be taken. After the Director/designee has made a determination regarding the resolution of the matter, and depending on the circumstances, both parties will be informed of the resolution.
  • 67. Policies & Procedures Manual General Operations 46. Prompt Attention Complaints of harassment are taken seriously and will be dealt with promptly. Where harassment is found to have occurred, the Director will act to stop the harassment, to prevent its recurrence, and to discipline those responsible.
  • 68. Policies & Procedures Manual General Operations 47. Confidentiality The College recognizes that confidentiality is important. However, confidentiality cannot be guaranteed. The staff responsible for implementing this policy will respect the privacy of individuals reporting or accused of harassment to the extent reasonably possible and will maintain confidentiality to the extent possible. Examples of situations where confidentiality cannot be maintained include, but are not limited to, necessary disclosures during an investigation, circumstances where the institute may be required by law to disclose information (such as in response to legal process), or when an individual is in harm's way.
  • 69. Policies & Procedures Manual General Operations Retaliation against an individual who in good faith complains of alleged harassment or provides information in an investigation about behavior that may violate this policy is against the law, will not be tolerated, and will be grounds for discipline. Retaliation in violation of this policy will result in discipline up to and including termination and/or expulsion. Any employee, faculty member or participant bringing a harassment complaint or assisting in the investigation of such a complaint will not be adversely affected in terms and conditions of employment and/or academic standing, nor discriminated against, terminated, or expelled because of the complaint. Intentionally providing false information is also grounds for discipline.
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  • 71. Policies & Procedures Manual General Operations 48. Relationship to Freedom of Expression The Judicial Development Institute is committed to the principles of free inquiry and free expression. Vigorous discussion and debate are fundamental rights and this policy is not intended to stifle teaching methods or freedom of expression. Harassment, however, is neither legally protected expression nor the proper exercise of academic freedom; it compromises the integrity of institutions, the tradition of intellectual freedom and the trust placed in the institutions by their members.
  • 72. Policies & Procedures Manual General Operations IX GRIEVANCE PROCEDURE The Judicial Development Institute provides the procedure disclosed herein for employees to bring to the attention of management complaints about work-related situations and to appeal decision by management without fear of reprisal. All complaints or grievances will be resolved fairly and promptly. Management will attempt to resolve grievances informally and at the lowest organizational level. 49. Procedure: i. A grievance is defined as an employee's expressed feeling of dissatisfaction concerning conditions of employment or treatment by management or other employees. Examples of actions that may be causes of grievances include: a. Application of JDI policies, practices, rules, regulations, and procedures believed to be to the detriment of an employee. b. Improper or unfair administration of employee benefits or conditions of employment such as vacations, fringe benefits, promotions, retirement, holidays, performance review, salary, or seniority. ii. Employees are encouraged to use the Grievance Procedure and will not, under any circumstances, be penalized for doing so. The Director and section heads are responsible for ensuring that the grievance is processed in a timely fashion. iii. Whenever an employee believes that he/she has a work-related problem, the employee should bring the matter to the attention of the Director/designee, unless the issue is with the Director personally. In this instance the matter will be brought to the attention of the Consultative Body through the Human Resources office at the HJC. It is the responsibility of the Director/designee to investigate the grievance, to attempt to resolve the grievance, and to communicate a decision to the employee within a reasonable time. iv.If the employee is not satisfied with the Director/designee's decision, he/she may appeal as described herein. The Director will reduce to writing the employee's grievance, the facts, and the decision. This document, together with a statement of the grievance written by the employee shall be forwarded to the appropriate Director General at HJC and Human Resource Office for review. v. The Director General and Human Resource Office will discuss the matter with the employee, the appropriate member of the Consultative Body and the Director, and will propose a resolution within a reasonable time. If the employee and the Director agree with the proposed resolution then the matter will be considered closed. The Human Resource Office’s proposed resolution will be noted in the grievance documentation, together with the reasons for it. vi. If either the aggrieved employee and/or the Director do not accept the Human Resource Office's proposed resolution, they may appeal to the Chair of the Consultative Body. vii. The Human Resource Office will forward the grievance documentation to the Chair /designee. The Chair/designee will discuss the matter with the employee after reviewing the grievance documentation, the decisions of the supervisor, and the proposed resolution of the Human Resource Office. A final decision will be communicated to the employee within a reasonable time, and recorded in the grievance documentation.
  • 73. Policies & Procedures Manual General Operations viii. Information concerning an employee grievance is received in strict confidence. The Director and other members of management as appropriate will discuss a grievance only with those individuals who are involved in processing the grievance. ix. Time spent by aggrieved employees in grievance discussions with management during their normal working hours will be considered hours worked for pay purposes. x. Whenever two or more employees have a common or similar complaint, they shall designate a representative in lieu of which the Chair of the Consultative Body will select one or more of them to represent the group. The final decision on the grievance will be binding on all members of the group. xi. Management decisions on grievances will not be precedent-setting nor binding on future grievances unless they are officially stated as JDI policy. Whenever possible, the decisions will be retroactive to the date of the employee's official complaint. xii. The Human Resource Office is responsible to monitor that employees who use the grievance procedure are not subject to reprisal from employees or management. Any reprisal against employees who use the grievance procedure will be reported to the Chair of the Consultative Body, and dealt with.
  • 74. Policies & Procedures Manual General Operations X DISCIPLINARY PROCEDURE 50. Employee Conduct & Disciplinary Procedure All employees are required to adhere to certain rules of conduct while employed by The Judicial Development Institute. These rules of conduct are intended to foster a sound working environment by prohibiting employee conduct that adversely affects the institute's ability to fulfill its mission. The following are guidelines for supervisors that are set forth as examples of situations where discipline or termination of employment may result. They are illustrative of best practices and by no way supersede or nullify provisions under the law that civil servants may be subject to, especially the Civil Service Law No. 24 of 1960 as amended and the Discipline Law No. 14 of 1991 as amended. A code of conduct is necessary for the establishment and maintenance of an effective and pleasant working atmosphere. Any and all employee conduct which interferes with the effective operation of the institute’s business and which is detrimental to the institute's best interest is inappropriate and will result in disciplinary sanction. While the following is not an all-inclusive list, it includes some of the types of conduct that will not be tolerated: a. reporting for work under the influence of alcohol or controlled substances; b. possessing, using, distributing or selling alcoholic beverages on the institute’s premises; c. possessing, using, manufacturing, dispensing, purchasing, selling, transferring, or distributing controlled substances on the institute’s premises; d. fighting on the institute’s premises; e. gambling on the institute’s premises; f. possessing firearms or explosives on the institute’s premises even with a legally issued permit; g. taking or removing, without permission or authorization, the property of another employee or the property of the institute; h. willfully defacing or destroying property of the institute or other employees; i. engaging in dishonest conduct to the detriment of the institute; j. engaging in inappropriate conduct to the detriment of the institute; k. falsifying facts in an employment application; l. altering a document without authorization, or knowingly causing or approving submission of a false document; m. engaging in insubordinate conduct, such as refusal to carry out reasonable directives or assignments from a supervisor; n. being absent from work due to illness, injury, or pregnancy on an excessive basis without appropriate medical documentation;
  • 75. Policies & Procedures Manual General Operations o. unauthorized absence from one's job or workstation during working hours (excluding lunch periods, rest and prayer periods); p. receiving or making excessive personal phone calls; q. repeated tardiness; and r. engaging in inappropriate conduct, such as demeaning, humiliating criticism to a subordinate by a supervisor at any time, by a subordinate to a supervisor, or peer to peer.
  • 76. Policies & Procedures Manual General Operations i. If an employee's conduct violates any law, the institute will take whatever action it deems appropriate to uphold such law. ii. Engaging in prohibited conduct (including, but not limited to the above examples) may result in disciplinary action up to and including termination. iii. Director of JDI must document each instance of discipline, including a verbal warning. A copy of this documentation will be forwarded to the Human Resources Office at HJC for inclusion in the employee’s file. iv. The Director will consult with the Director General at HJC and Human Resources Office before imposing disciplinary sanctions. The Director will consult with the Human Resources Office before proposing a suspension or involuntary termination to the Consultative Body. The Chair/designee of the Consultative Body will make the final decision on all suspensions and involuntary terminations after consultation with the Director General and Human Resources office at HJC.
  • 77. Policies & Procedures Manual General Operations 51. Termination of Employment i. All employees of JDI are governed by the Civil Service Law No. 24 of 1960 as amended and related legislations in force. All proposed involuntary terminations must be reviewed no doubt in accordance with the law in force. ii. Employees who resign (voluntary termination) are required to give a minimum of 30 days notice under the law.22 iii. Terminated employees will be covered by entitlements under the Civil Service Law as in force at the time of termination. iv. Individual voluntarily terminating employment will be requested to participate in exit interview(s) conducted by the Human Resources Office, the Director General, the Director of JDI or the Chair of the Consultative Body. 22 Civil Service Law 24 of 1960 Article 35
  • 78. Policies & Procedures Manual General Operations ANNEX I COMPILATION OF RELATED MINISTRY OF FINANCE REGULATIONS 2005-2009 (Adil to provide in Arabic)
  • 79. Policies & Procedures Manual General Operations ANNEX II UPDATED AND ANNOTED COPY OF CIVIL SERVICE LAW 24 OF 1960 (WITH ALL AMENDMENTS UPTO AND INCLUSIVE OF 2009) ALONG WITH COPIES OF RELATED LEGISLATIONS AS LISTED BELOW: (Saad to provide in Arabic) Civil Service Law No. 24 of 1960 as amended (annotated and updated copy) Personnel Law No. 25 of 1960 as amended Discipline Law No. 14 of 1991 as amended Travel Fees Law No. 38 of 1980 as amended Employees Compensatory Liability Law No. 12 of 2006 Pension Law No. 27 of 2006 Law of Federal Public Service Board No. 4 of 2009 Law of Salaries of State and Public Officials No. 22 of 2008 Amendment on Pension Law No. 69 of 2007 Federal Budget Law of 2010 Code of Ethics No. 1 of 2005 Judicial Oversight Law No. 95 of 2004
  • 80. Policies & Procedures Manual General Operations ANNEX III FINANCIAL MANAGEMENT LAW No.95 OF 2004 (Araz to provide in Arabic)
  • 81. Policies & Procedures Manual General Operations P = Permanently
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