The fight against corruption and other offenses against public administration must be based on accurate and objective data to give citizens a realistic representation of the situation and not ultra sized, taking into account that it is evoking themes and sensational easily usable by this or that political party
What is the first thing to consider when you approach the theme of "corruption"?
That of the extreme confusion. In a matter so evocative and striking as that of corruption to be informed, and be properly and completely, as far as possible, it seems like the best strategy and, together, the best antidote to unnecessary alarm.
Similar to Bortoletti, the italian brunetta reform of public administration and corruption, commissione europea, ipa zagabria, 21 23 novembre 2011 (20)
Bortoletti, the italian brunetta reform of public administration and corruption, commissione europea, ipa zagabria, 21 23 novembre 2011
1. TABLE OF CONTENTS
The Italy “Brunetta” Reform
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Modernisation of the Public Administration
Innovation and digitalisation within the PA and the Country
Relathionship between the PA, citizens and businesses
2. TABLE OF CONTENTS
The Italy “Brunetta” Reform
The Delegated Law n. 15 of 4 March 2009 and the implementing Legislative Decree of October 9, 2009, have
paved the way for a comprehensive revision of all aspects related to the civil service model, with a view to
improving labour productivity as well PA as efficiency and transparency.
The Decree involves five areas:
Merit: a reinforced selection mechanisms for economic and career incentives, with a view to rewarding the most
worthy and skilled employees, encouraging commitment and deterring malpractices.
Assessment: a performance assessment system that will help Public Administrations to reorganize their
activities according to set targets and to an overall enhancement requirement. “Customer satisfaction”,
transparency and merit-rewarding will be the milestones of such a system.
Collective bargaining: Collective bargaining provisions will be aligned with those regulating the private sector.
More specifically, supplementary bargaining and, as a consequence, additional remuneration, will be conditional
on the real attainment of planned results and management savings.
Management: increased importance will be given to managers, who are now entrusted with concrete tools and
who will be subject to, inter alia, economic sanctions in case of failure to comply with their obligations. Also, a set
of new procedures governing the access to top echelon managerial positions has been introduced.
Discipline: disciplinary proceedings have been simplified and a catalogue of particularly severe infractions
leading to dismissal has been put in place.
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3. TABLE OF CONTENTS
The Italy “Brunetta” Reform
OBJECTIVES OF THE REFORM
1. To improve the services of the Public Administrations according to the citizens’ perspective of their needs and
expectations
2. To improve the efficiency and value of the human resources of the PA
REFORM STRATEGY
The reform strategy 2010-2013 rests on three pillars:
1. Modernization of the public administration : The reform, entered into force on the 15th of November 2009,
encompasses a revision of all aspects related to the civil service, improves labor productivity as well as the PA
efficiency and transparency
2. Innovation and digitalization within PA and the Country : The “e-Gov 2012” Plan rests on 80 projects in 4
priority areas (School & Universities – Health – Justice – Dematerialization), for the implementation of online
services, improving accessibility and transparency of the public administration with a view to bringing it closer to
citizens and businesses. The government’s financial commitment for “e-Gov 2012” will account for € 1,380 bl.
3. Relationship between PA, citizens and business: The aim is to design a new digital administration - a PA 2.0 –
capable of helping its "clients" by involving them in decision making processes. Such a new idea of democratic
participation will put citizens "at the heart" of the reform process, to design a new digital administration - a PA 2.0 –
capable of helping its "clients" by involving them in decision making processes. Such a new idea of democratic
participation will put citizens "at the heart" of the reform process.
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4. TABLE OF CONTENTS
The Italy “Brunetta” Reform
PRINCIPLES OF THE REFORM
Transparency and integrity
• The transparency operation has brought to a full disclosure of the information regarding the organization,
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salaries & curricula of high level officers, administration of resources and performance of the PA
• The newly established Anti-corruption and Transparency Service (SAeT) responds to an internationally
identified need to create a specialized technical body capable of promoting the fight against corruption, with
particular emphasis on its prevention within the public administration
Performance evaluation
• Assessment and evaluation, both of individual performance and of the organization of the structure
• The new system drastically changes the current system by defining an outcome based approach and
independent evaluation bodies within administrations
• A Commission for the evaluation, transparency and integrity has been established with the purpose of defining
and disseminating performance-based quantitative and qualitative methodologies, as well as of monitoring
their
Implementation
meritocracy and rewards
• a new reinforced selection mechanism for economic and career incentives, with a view to rewarding the most
worthy and skilled employees, encouraging commitment and deterring malpractices
5. TABLE OF CONTENTS
The Italy “Brunetta” Reform
PRINCIPLES OF THE REFORM
managerial responsibility
• increased importance will be given to managers, who are now entrusted with concrete tools and who will be
subject to, inter alia, economic sanctions in case of failure to comply with their obligations, especially with
regard to human resources
• The high level officers will be held responsible for the lack of control over the effective productivity of human
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resources as they must now evaluate and reward their employees
Disciplinary sanctions
• disciplinary proceedings have been simplified and a catalogue of particularly severe infractions leading to
dismissal have been put in place, such as:
ü o in case of false declarations or false medical certificates
ü o unjustified refusal to be transferred
ü o persistent poor performance
Collective bargaining
• provisions will be aligned with those regulating the private sector. Additional remuneration will be conditional on
the real attainment of planned results and management savings
• National contracts now have a three-year duration, instead of 4 ,and collective bargaining can no longer change
the rule of law
6. TABLE OF CONTENTS
Modernisation of the Public
Administration
INSTRUMENTS OF THE REFORM
Transparency and integrity
1. Total accessibility to all the information concerning PA: proceedings, salaries, curricula, leaves of absence,
tenders, evaluation.
2. Every administration has to adopt a three-year program for performance transparency and for integrity.
3. Every administration has to provide a specific web page on the transparency and integrity program.
Performance evaluation
1. Definition of objectives based on the “SMART” methodology.
2. Assessment and evaluation, both of individual performance and of structure organization.
3. Performance report, to enable internal auditing and customer satisfaction.
4. The new system drastically changes the current system by defining an outcome based approach and
independent evaluation bodies within administrations.
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7. TABLE OF CONTENTS
Modernisation of the Public
Administration
INSTRUMENTS OF THE REFORM
Meritocracy and rewards
1. Selective distribution of incentives through certified assessment systems to reward individual and office
performance.
2. Merit-based brackets for the allocation of incentives: not more than 25% of civil servants get half of the available
incentives; not more than 50% the remaining half of incentives; the other 25% of civil servants gets no incentives.
3. Not more than 5% of the civil servants who are in the highest bracket can obtain an additional annual bonus for
excellence.
4. Annual award for innovation.
5. Wage increase based on merit.
6. Access to high level training, professional growth, higher assignments.
Managerial responsibility
1. The manager is a “public employer”, he must be autonomous and responsible for managing human resources.
2. He must evaluate and reward his employees.
3. He must be held responsible for lack of control over the effective productivity of human resources.
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Modernisation of the Public
Administration
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INSTRUMENTS OF THE REFORM
Personnel mobility
1. Personnel mobility procedures have to be based on employee’s proficiency and on objective criteria ensuring
transparency of the decisions.
2. The procedure can be activated only upon Manager’s approval.
Disciplinary sanctions
Objectives: Optimize the level of efficiency in Public Offices and Fight low productivity and absenteeism in the
Public Sector
In case of false declarations or false medical certificates:
1. the civil servant will be dismissed and will have to refund the administration
2. the doctor will be struck off the medical register and if he is employed by the National Sanitary Service will be
dismissed.
Other misconduct leading to dismissal:
1. reiteration of absence without leave behaviour;
2. Unjustified refusal to be transferred ;
3. False documentation or declarations when applying for a job or for a promotion;
4. Aggressive or offensive conduct;
5. Conviction of offense against public administration or other serious offense;
6. Perduring poor performance.
9. TABLE OF CONTENTS
Modernisation of the Public
Administration
The reform is in line with an international trend to enhance public administration performance and reinforce service
delivery. The analysis of the reforms in other countries provided a benchmark.
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10. TABLE OF CONTENTS
Modernisation of the Public
Administration
The Italian Public Administration has “shadows” and “lights”.
The so called “Transparency Operation” is meant to highlight both aspects so as to thwart inefficiency and reward
merit.
1. It aims at guaranteeing citizens and enterprises a more efficient public service, better quality of services and
strengthen citizens trust in public institutions.
2. It represents one of the lines of intervention upon which the upgrading of the Public Administration is based.
3. Actions such as, inter alia, monitoring civil servants’ absenteeism or disclosing the salaries of public managers
and consultants, are aimed at ensuring visibility to provide citizens with control and protection tools making them
more aware of the mechanisms underlying Public Administration functioning and its administrative costs.
The so called “Not only idlers” (“Non solo Fannulloni”) Initiative aims at identifying and publicizing Public
Administration success stories to increase citizens’ trust in Public Administration as well as making a first step
towards a recognition of merit and Administration, performance‐based bonuses and incentives. A series of
measures, namely:
1. the disclosure of public administrations good practices on the Ministry for Public Administration and Innovation
website;
2. a “competition” to identify and reward the best achievements that public administrations have accomplished;
3. a thorough diffusion of the best results achieved to the benefit of other administrations.
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Modernisation of the Public
Administration
The “Transparency Operation” has been launched as a first step towards a more transparent administration.
The publishing of data concerns:
1. Leaves of absence;
2. Consultants and freelancers;
3. Contracts awarded to civil servants;
4. Union secondments;
5. Time off work for unions activities or for elected public office;
6. Salaries, curricula, assignment, phone numbers, and e‐mails of public managers;
7. Public Administration success stories.
Absence monitoring
Absenteeism is a scourge that affects Public Administration because it: worsens service quality; reduces
productivity; rises costs; damages the image of public administration and of all the civil servants who work hard.
Aware of such criticality, the Government has acted decisively on this issue through an awareness raising campaign
undertaken alongside a series of regulatory initiatives (Law 133/2008 art.71) aimed at deterring the recurrent resort
to periods of fake sick leaves.
The outcome of these provisions has been monitored through a monthly statistical surveys.
The increase of civil servants’ presence in public offices has entailed more and better services as well as fewer
queues, more employees on call, less offices having to close because of staff shortage, etc.
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Innovation and digitalisation within the
PA and the Country
The i-Economy/i-Society Plan will disseminate and encourage innovation, enhance public-private
cross-fertilization, remove obstacles to technological transfer and increase technological scouting.
The priority areas of intervention will be energy efficiency, ICT, media and digital content, infomobility,
design and biomedical.
Ad hoc initiatives have been already put in place. More specifically, the "Premio Nazionale per l'Innovazione
("National Award for Innovation") aims at rewarding innovation best practices in the areas of industry and
services, design, Public Administration, Universities and the tertiary sector; the "Italia degli Innovatori" ("Italy
of Innovators") Initiative , on the other hand, will bring Italian technological excellence concerning citizens
and cities
The Government has introduced a Multiannual Plan (“i2012 – Innovation Strategies”) resting on Public
Administration (e-Government), on the one hand, and economic and social sector (i-Economy/i-
Society), on the other hand.
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13. TABLE OF CONTENTS
Innovation and digitalisation within the
PA and the Country
As far as the e-government plan ("e-Gov 2012") is concerned, the following priorities have been set out:
1. Schools and Universities: innovate the educational and teaching architecture of Italian schools, improve
communication between schools and families (digital blackboard, electronic reports and class e-register);
2. Health: the Plan will increase service quality and reduce public expenditure associated with the delivery of
health services (ehealth records, digital prescriptions and medical certificates);
3. Justice: the digitalization of proceedings will lead to a simplification of notifications and access to procedural
documents for citizens and lawyers (electronic notifications of communications and procedural documents, online
certificates of criminal records, electronic transmission of notitiae criminis);
4. Dematerialization and reduction of red tape within PA, thanks to the digitalization of management and filing
process and to the implementation of the Public Connectivity System on the International Stage at the 2010 Expo
in Shanghai. The government is also promoting training, new professional profiles and talents while
widespreading participatory democracy and ITC literacy, promoting the open source software and the reuse of
ITC facilities.
Against this backdrop, particular emphasis will be given to measures carried out by the Italian Agency for
Technological Innovation (Agenzia per la diffusione delle tecnologie per l'innovazione), the institutional body for
the promotion and dissemination of innovation nationwide.
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14. TABLE OF CONTENTS
Relathionship between the PA, citizens
and businesses
A set of to-be-adopted legislative initiatives, alongside a series of existing, fully-functioning projects, will
improve the relation between PA, on the one hand, and citizens and business, on the other hand. Such
projects will streamline dialogue between citizens and PA to overcome – on a regular basis – administrative
malpractices and red tape for the benefit of the most disadvantaged social groups (the disabled and their
family).
The aim is to design a new digital administration - a PA 2.0 – capable of helping its "clients" by involving
them in decision making processes. Such a new idea of democratic participation will put citizens "at the
heart" of the reform process.
The main legislative initiative regards the introduction of the "Charter of duties of Public
Administration" (Carta dei doveri della pubblica amministrazione), that is now approved by Parliament
in the last Mr. Berlusconi Government meeting.
The Charter will help to enforce citizen's rights and duties of public administrations vis-à-vis citizens and
business. This, in turn, will boost cooperation and mutual understanding. The initiative follows a process of
renewal of the PA-citizens relations which is already consolidated within the framework of two legislative
milestones: the Italian Constitution and the EU law.
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15. TABLE OF CONTENTS
Relathionship between the PA, citizens
and businesses
Thanks to the certified e‐mail (PEC from
the Italian acronym of Posta Elettronica
Certificata) the interaction between
citizens, Public Administrations (PAs),
Professionals and Companies is simplified
because any user, from any online
computer, can comfortably send letters and
documents that previously could only be
processed by Post Offices.
The Certified e‐mail accounts allow for:
1. The electronic management of communications
and documents that are now certified and
traceable, therefore enjoying full legal validity, from
your own computer;
2. A reduction of time for transactions that
previously required physically accessing a Post
Office;
3. A reduction of costs for both citizens and end
users and important savings for the Pas;
4. A “read return receipt” option that will not only
confirm delivery but also the actual “reading” of the
e‐mail from the addressee.
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16. TABLE OF CONTENTS
Relathionship between the PA, citizens
and businesses
Through “Friendly Networks” the relationship
between citizens and Public Administration
becomes more friendly and efficient because:
1. the number of access points to the services
increases, thus eliminating queues and creating
competition;
2. services provided by different administrations
are offered;
3. everyone is able to access PA services
through modern infrastructures;
4. public offices are relieved of users
congestion, allowing more time and resources
for new services.
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17. TABLE OF CONTENTS
Relathionship between the PA, citizens
and businesses
A PA closer to citizens is ready to answer,
inform, help. With “Friendly Line” you can call
just one number to:
1. be rapidly forwarded to the toll free number
of the appropriate administration;
2. be guided through all the portals and
services offered by central administrations;
3. obtain information or be recalled if the
problem cannot be solved immediately;
4. complain for bad service and express your
evaluation for every specific relationship with
PA;
5. receive assistance in the case of
disadvantaged situations (blind, deaf).
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18. TABLE OF CONTENTS
Relathionship between the PA, citizens
and businesses
Assessing citizen‐customer satisfaction is
the most important standard to improve the
quality and efficacy of PA action. Through
the “Show Your Face” initiative you can:
1. assert YOUR central role in the
relationship with PA;
2. help us assess our offices functioning;
3. contribute to identify YOUR priorities and
weak points of administrative processes;
4. make the relationship with the PA more
transparent and participatory.
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19. TABLE OF CONTENTS
Relathionship between the PA, citizens
and businesses
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20. TABLE OF CONTENTS
The Italy “Brunetta” Reform
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