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2007 Assessment

Liberia: Integrity Indicators Scorecard

Liberia: Integrity Scorecard Report > Sub-Category: Civil Service Regulations
Indicators		Score
41	Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?	100
42	Is the law governing the administration and civil service effective?	47
43	Are there regulations addressing conflicts of interest for civil servants?	33
44	Can citizens access the asset disclosure records of senior civil servants?	0

Indicator and sub-Indicator Details

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

41a: In law, there are regulations requiring an impartial, independent and fairly managed civil service.

Score:

YES

Comments:

References: Standing Orders for the Civil Service, 1983, Civil Service Agency, Republic of Liberia, 44 p.

41b: In law, there are regulations to prevent nepotism, cronyism, and patronage within the civil service.

Score:

YES

Comments:

References: Standing Orders for the Civil Service, 1983, Civil Service Agency, Republic of Liberia, 44 p.

Peer Review Comments: Regulations do exist to prevent those societal ills, yet there are many instances where such practices become common. Once public officials have an interest in helping their friends, relatives and other associates to get jobs, the law is relaxed or set aside.

41c: In law, there is an independent redress mechanism for the civil service.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there is a mechanism to which civil servants and applicants for the civil service can take grievances regarding civil service management actions. Civil servants are able to appeal the mechanism\'s decisions to the judiciary. NO: A NO score is earned if no such mechanism exists.$

Comments:

References: Chapter 6, Standing Orders for Civil Service, 1983

41d: In law, civil servants convicted of corruption are prohibited from future government employment.

Score:

YES

Comments:

References: Chapter 4, Standing Orders for Civil Service, 1983

Peer Review Comments: The law is not applicable in reality. It merely exist in the book, but assumes the status of a toothless dog. From my research, there is no instance or example where public officials have been barred from future employment because of corruption. In fact, the more they steal from the government's money, the better their chances to work in future governments.

Is the law governing the administration and civil service effective?

42a: In practice, civil servants are protected from political interference.

Score:

100

Comments: Civil servants are more often driven by negative influences, ranging from personal to political. Case in point is the recent mass dismissal of civil servants at the GAC in the wake of their inability to pass aptitude tests. The case is currently before the Supreme Court, as the GAC has refused to reinstate these people on grounds of incompetence.

References: Norris Lester Tweah, special assistant to the minister of information, Sept. 28, 2007, Monrovia, Liberia

John Fello, executive director, Civic Education for Good Citizenship Movement, Sept. 28, 2007, Monrovia, Liberia

Peer Review Comments: Not just the GAC. The entire government ploicy of downsizing has marked by political influence.

Peer Review Comments: The civil servants were not dismissed by the General Auditing Commission (GAC) because they failed the aptitude test. They did not even take an aptitute test since they were old employees. According to GAC officials some had worked beyond the retirement age while others where employed because of political ties, nepotism and other influences. The government's arbitrary policies of "downsizing" and "rightsizing" were widely condemned by the the public. The possibility for the dismissed employees to get a positive outcome for their grievances was higly impossible.

42b: In practice, civil servants are appointed and evaluated according to professional criteria.

Score:

100

Comments: This phenomenon is particularly true for key civil service positions in key agencies. A general test to fill vacancies may not be given. However, tremendous improvements have been made through the civil service reform process.

References: Norris Lester Tweah, special assistant to the minister of information, Sept. 28, 2007, Monrovia, Liberia

John Fello, executive director, Civic Education for Good Citizenship Movement, Sept. 28, 2007, Monrovia, Liberia

Peer Review Comments: Professional qualifications are not often taken into consideration. Nepotism, tribalism, sectionalism and loyalty to the power or party often serve as determining factors for appointments.

42c: In practice, civil service management actions (e.g. hiring, firing, promotions) are not based on nepotism, cronyism, or patronage.

Score:

100

Comments: Some of those in key positions are being politically patronized because of support in canvassing for office.

References: Norris Lester Tweah, special assistant to the minister of information, Sept. 28, 2007, Monrovia, Liberia

John Fello, executive director, Civic Education for Good Citizenship Movement, Sept. 28, 2007, Monrovia, Liberia

42d: In practice, civil servants have clear job descriptions.

Score:

100

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

Comments: There has been marked change since the Governance Reform Commission began civil service reform.

References: Norris Lester Tweah, special assistant to the minister of information, Sept. 28, 2007, Monrovia, Liberia

John Fello, executive director, Civic Education for Good Citizenship Movement, Sept. 28, 2007, Monrovia, Liberia

Peer Review Comments: As civil servants are not actually informed about their job descriptions often their responsabilities and functions are overlapping. Job descriptions are either absent or not detailed in most appointment letters. Even if they exist there is no effective mechanism in place to monitor whether or not employees adhere to the scopes of their duties as enshrined in the job descriptions.

42e: In practice, civil servant bonuses constitute only a small faction 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: Some civil servants don't receive bonuses.

References: Norris Lester Tweah, special assistant to the minister of information, Sept. 28, 2007, Monrovia, Liberia

John Fello, executive director, Civic Education for Good Citizenship Movement, Sept. 28, 2007, Monrovia, Liberia

42f: In practice, the government publishes the number of authorized civil service positions along with the number of positions actually filled.

Score:

100

Comments: The government has never published the list of civil service positions.

References: Norris Lester Tweah, special assistant to the minister of information, Sept. 28, 2007, Monrovia, Liberia

John Fello, executive director, Civic Education for Good Citizenship Movement, Sept. 28, 2007, Monrovia, Liberia

Peer Review Comments: It is a rare practice for the government to publish civil servant positions.

42g: In practice, the independent redress mechanism for the civil service is effective.

Score:

100

Comments: There is no independent redress mechanism. Cases are managed by civil service managers, and the executive has enormous influence over outcomes, especially where many persons are concerned.

References: Norris Lester Tweah, special assistant to the minister of information, Sept. 28, 2007, Monrovia, Liberia

John Fello, executive director, Civic Education for Good Citizenship Movement, Sept. 28, 2007, Monrovia, Liberia

Peer Review Comments: Civil servants do not have an independent redress mechanism. Political interference determines the course of the redress.

42h: In practice, in the past year, the government has paid civil servants on time.

Score:

100

Comments: Since the inauguration of President Ellen Johnson Sirleaf, the government has endeavored to pay civil servants on time.

References: Norris Tweah, special assistant to the minister of information, Sept. 30, 2007, Monrovia, Liberia

Catherine Karmo, assistant program manager for monitoring, CENTAL, Sept. 30, 2007, Monrovia, Liberia

42i: In practice, civil servants convicted of corruption are prohibited from future government employment.

Score:

100

Comments: There have been employees who commit misconduct in one government agency and are moved to another. Civil servants have not been brought to court for corruption, rather they are dismissed when suspected or some level of proof is leveled against them, but eventually, they find employment elsewhere in government, sometimes outside of the capital in local government or with the security, i.e. police, or immigration. For high-profile positions, however, it has been difficult for bad actors to find employment elsewhere.

References: Emmanuel Roberts, program assistant; CENTAL, Sept. 30, 2007, Monrovia, Liberia

Norris Tweah, special assistant to the minister of information, telephone interview, Monrovia, Liberia

Peer Review Comments: A precedent is yet to be set to bar convicted corrupt officials from future appointments. In fact in most cases officials suspected of corrupt malpractices are outrightly dismissed with no court hearings.

Are there regulations addressing conflicts of interest for civil servants?

43a: In law, there are requirements for civil servants to recuse themselves from policy decisions where their personal interests may be affected.

Score:

YES

Comments: The GRC code of conduct for public officials has yet to be approved.

References: Public Procurement Act of 2005 Civil Service Revised Regulations

Peer Review Comments: Article 90(a) and (b) bans pubic servants from engaging in any activity that constitutes a conflict of interest or that is against the public policy.

43b: 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: Some civil servants have been actively working in both sectors, as government employees were noted for coming to work, signing in and then moving off elsewhere.

References: Does not exist in law.

43c: In law, there are regulations governing gifts and hospitality offered to civil servants.

Score:

YES

Comments: Civil servants may receive unlimited gifts from anyone, and the line between gifts, bribes and patronage is very blurry. But with the enactment of the new code and further passage, this might change.

References: Public Officers Code of Conduct Artcle 90 of Constitution

Peer Review Comments: Article 90 (a) of the Liberian Constitution forbids civil servants to demand and receive emoluments or benefits directly or indirectly.

43d: In practice, the regulations restricting post-government private sector employment for civil servants are effective.

Score:

100

Comments: Does not exist in law, and in practice not enforced.

References: George Miller, professor, AME Zion University, Sept. 30, 2007, Monrovia, Liberia

Brezhnev Paasawe, researcher, CENTAL, Sept. 30, 2007, Monrovia, Liberia

43e: In practice, the regulations governing gifts and hospitality offered to civil servants are effective.

Score:

100

Comments: This is not the case in law or in practice.

References: George Miller, professor, AME Zion University, Sept. 30, 2007, Monrovia, Liberia

Eddie Jarwolo, executive director, NAYMOTE, Sept. 30, 2007, Monrovia, Liberia

Peer Review Comments: There is no provision in the Civil Serrvice Agency Standing Order that forbids the holding of gifts or bribes.The Draft Code of Conduct wriiten by the Governance Commission is yet to be passed into law by the Senate. However, Article 90(a) of the Liberian Constitution disallows public servants to receive bribes or other hospitalities either directly or indirectly while discharging their functions.

43f: In practice, the requirements for civil service recusal from policy decisions affecting personal interests are effective.

Score:

100

Comments: This has not been seen in practice.

References: George Miller, professor, AME Zion University, Sept. 30, 2007, Monrovia, Liberia

Dan Sayeh, executive director, LDI, Sept. 30, 2007, Monrovia, Liberia

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

44a: In law, citizens can access the asset disclosure records of senior civil servants.

Score:

YES

Comments: Civil servants don't declare assets, even those in fiduciary positions.

References: Does not exist in law.

Peer Review Comments: This is possible only during election periods when the Election Commission requires all candidates runningfor public offices to declare their assets. This is merely a charade since there is no paradigm in place to verify the information presented.

44b: In practice, citizens can access the asset disclosure records of senior civil servants within a reasonable time period.

Score:

100

Comments: Civil servants don't declare assets, even those in fiduciary positions.

References: George Miller, professor, AME Zion University, Sept. 30, 2007, Monrovia, LIberia

Dan Sayeh, executive director, LDI, Sept. 30, 2007, Monrovia, Liberia

Peer Review Comments: Not all civil servants must declare their assets. Only candidates for the presidency, vice presidency, Senate and House of Representatives do file some asset declaration forms and tax payment records at the Election Commission. Only the records submitted by those candidates who eventually win can be accessed.

44c: In practice, citizens can access the asset disclosure records of senior civil servants at a reasonable cost.

Score:

100

Comments: Costs associated with retrieving information from the government bureaucracy are prohibitive, more so they are unofficial costs. There is no official system where people can get information from government bureaucracy by paying some minimal fees, except the Budget Bureau's recent attempt to make copies of the budget available by selling each for US$10.

References: Access to Information Monitoring Report: Piercing the Veil of Secrecy, CENTAL, 2006

Peaches Suah, project manager ATI, CENTAL, Sept. 30, 2007, Monrovia, Liberia