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2008 Assessment

Georgia: Integrity Indicators Scorecard

Georgia: Integrity Scorecard Report > Sub-Category: Civil Service Regulations
Indicators		Score
44	Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?	50
45	Is the law governing the administration and civil service effective?	28
46	Are there regulations addressing conflicts of interest for civil servants?	33
47	Can citizens access the asset disclosure records of senior civil servants?	92

Indicator and sub-Indicator Details

Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?

44a: In law, there are regulations requiring an impartial, independent and fairly managed civil service.

Score:

YES

Comments: The law does not go beyond general statements and does not give any guarantees as to the protection of impartiality and non-partisan nature of the civil service. There are no regulations and procedural rules regulating the independence and impartiality of the service.

References: Law on Public Service, Art.13

44b: In law, there are regulations to prevent nepotism, cronyism, and patronage within the civil service.

Score:

YES

Comments: It is prohibited to have close relatives under direct supervision. This is the only provision in this respect.

References: Law on Public Service, art.17

44c: In law, there is an independent redress mechanism for the civil service.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there is a mechanism to which civil servants and applicants for the civil service can take grievances regarding civil service management actions. The mechanism should be independent of their supervisors but can still be located within the government agency or entity (such as a special commission or board). Civil servants are able to appeal the mechanism\'s decisions to the judiciary. NO: A NO score is earned if no such mechanism exists.$

Comments: One mechanism that exists within each ministry is the General Inspector, where civil servants can claim redress. It is fully dependent on minister but independent from one's direct superiors. In addition, civil servants can seek redress through the court system.

References: General Rules of Administrative Procedure, under the Code of Administrative Procedure

44d: In law, civil servants convicted of corruption are prohibited from future government employment.

Score:

YES

Comments: Law on Public Service, art.17, has a general prohibition that persons under any investigation or sentence cannot serve in the civil service before the term of the sanction expires. After the term of the sanction, however, the individual can once again take up government employment.

References: No special rules exist.

Is the law governing the administration and civil service effective?

45a: In practice, civil servants are protected from political interference.

Score:

100

Comments: As there is a procedure for appointing qualification exams and attestations at any time, and there are no objective criteria set by the law, it is used as a tool for firing all staff as a new minister or head of administration takes office.

References: Law on Public Service See also recenty report by the Atlantic Council of the United States "Post Conflict Georgia", September, 2008; Part on Democracy: "Georgia's governance problems are compounded by the absence of an independent and professional civil service".

45b: In practice, civil servants are appointed and evaluated according to professional criteria.

Score:

100

Comments:

References: No criteria is provided by law. Appointments are usually related to party loyalties. See also recent report by the Atlantic Council of the United States "Post Conflict Georgia", September, 2008; Part on Democracy: "Georgia's governance problems are compounded by the absence of an independent and professional civil service".

45c: In practice, civil service management actions (e.g. hiring, firing, promotions) are not based on nepotism, cronyism, or patronage.

Score:

100

Comments: After any reshuffle of government, the majority of the staff of ministries and departments are fired, and new, party members loyal to concrete person are appointed.

References: See [ LINK ] See reports of the Public Defender of Georgia on firing civil servants

45d: In practice, civil servants have clear job descriptions.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Civil servants almost always have formal job descriptions establishing levels of seniority, assigned functions, and compensation. Job descriptions are a reliable representation of positions in terms of a persons authority, responsibility and base pay. 50 Score Criteria: Civil servants often have formal job descriptions, but exceptions exist. Some civil servants may not be part of the formal assignment of duties and compensations. Some job descriptions may not map clearly to pay or responsibilities in some cases. 0 Score Criteria: Civil servants do not have formal roles or job descriptions. If they do, such job descriptions have little or nothing to do with the position\'s responsibilities, authority, or pay.$

Comments: There are almost no job descriptions. Contracts are of a general character and civil servants are on call for the next assignment.

References: I have requested job descriptions from the State Chancellery, Ministry of Finance, Ministry of Agriculture. They have pointed to me the appropriate laws and general goals of the ministries. There are no concrete job descriptions for their employees.

Peer Review Comments: Civil servants often have formal job descriptions, but significant exceptions exist.

45e: In practice, civil servant bonuses constitute only a small fraction of total pay.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Civil servant bonuses constitute no more than 10% of total pay and do not represent a major element of take-home pay. 50 Score Criteria: Civil servant bonuses are generally a small percentage of total take-home pay for most civil servants though exceptions exist where some civil servants\' bonuses represent a significant part of total pay. 0 Score Criteria: Most civil servants receive bonuses that represent a significant amount of total take-home pay. In some cases bonuses represent the majority of total pay to civil servants.$

Comments: There is no system of bonuses in Georgia, which is why there are no reports in this regard. Yet, the law on public service allows for one time bonus annually, or a special gift.

References: There are no available reports.

Peer Review Comments: These bonuses are not given blindly. Those who are connected to the management generally receive more generous bonuses.

45f: In practice, the government publishes the number of authorized civil service positions along with the number of positions actually filled.

Score:

100

Comments:

References: See newspaper "24 hours" - all positions are posted there.

Peer Review Comments: This information is published in Sakanonmdeblo Matsne.

45g: In practice, the independent redress mechanism for the civil service is effective.

Score:

100

Comments: There have been a number of cases where illegally-fired public servants have won against the institutions, but the big majority of redress cases have never been executed, as after massive firings the public institutions change the names of the departments and posts and on formal grounds they refuse re-hiring, as their former positions do not exist any more.

References: Labor Code Law on Public service Code of Administrative Procedure See reports of the Public Defender of Georgia at [ LINK ]

45h: In practice, in the past year, the government has paid civil servants on time.

Score:

100

Comments: Generally payments are paid according to the scheme and there have been no delays since the current government came to power. However, due to massive spending from the budget in 2008, there were numerous reports on payment delays to the employees of Parliament, teachers and pensioners.

References: Newspapers Rezonansi and Alia reports on delays to civil servants, April, June 2008

Peer Review Comments: I am not aware of the existence of numerous reports thus far, although 2009 could be more problematic in this regard.

45i: In practice, civil servants convicted of corruption are prohibited from future government employment.

Score:

100

Comments: There were some show cases of punishment for corruption, and those officials so far do not hold any position (e.g. the head of the customs department,) but normally they are transfered to another job.

References: Law on Public Service, art.17

Peer Review Comments: A system of formal blacklists and cooling-off periods is in place, but the system has flaws.

Are there regulations addressing conflicts of interest for civil servants?

46a: In law, senior members of the civil service are required to file an asset disclosure form.

Score:

YES

Comments:

References: Law on Public Service Law on Conflict of Interest and Corruption

46b: In law, there are requirements for civil servants to recuse themselves from policy decisions where their personal interests may be affected.

Score:

YES

Comments:

References: Law on Civil Service, Arts. 62, 66 or 17(f)

46c: In law, there are restrictions for civil servants entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting civil servants\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments:

References: No restriction exists.

46d: In law, there are regulations governing gifts and hospitality offered to civil servants.

Score:

YES

Comments: Provisions apply only to top-level civil servants.

References: Law on Conflict of Interest and Corruption There is a limit on gifts and hospitality that can be accepted annually.

46e: In law, there are requirements for the independent auditing of the asset disclosure forms of senior members of the civil service.

Score:

YES

Comments:

References: There are no regulations.

46f: In practice, the regulations restricting post-government private sector employment for civil servants are effective.

Score:

100

Comments:

References: There are no regulations.

46g: In practice, the regulations governing gifts and hospitality offered to civil servants are effective.

Score:

100

Comments:

References: No regulation applies on checking and auditing, thus the whole system is formalistic and ineffective.

Peer Review Comments: No provision exists about how one should return improper gifts.

46h: In practice, the requirements for civil service recusal from policy decisions affecting personal interests are effective.

Score:

100

Comments:

References: There have been no reports. The regulations are rarely applied in practice. See report of the Public Defender of Georgia from 2007 at [ LINK ]

46i: In practice, civil service asset disclosures are audited.

Score:

100

Comments:

References: There are no regulations. Reports are sometime published only by NGOs, but even they are not interested in civil servants.

Can citizens access the asset disclosure records of senior civil servants?

47a: In law, citizens can access the asset disclosure records of senior civil servants.

Score:

YES

Comments:

References: General Administrative Code of Georgia, Chapter 3, Freedom of Information

47b: In practice, citizens can access the asset disclosure records of senior civil servants within a reasonable time period.

Score:

100

Comments: It takes between 10 days and one month to get the requested information. There have been no reports on delays and any particular problems.

References: No problems have been reported.

47c: In practice, citizens can access the asset disclosure records of senior civil servants at a reasonable cost.

Score:

100

Comments: Only photocopying costs are charged, as required by law.

References: No problems have been reported.