Public Service Concept

Levan Isoria, Paata TuravaApril 23, 2012

Georgian Development Research Institute

Elements of the Concept

Classical model

Modern

model

Georgian Publi

c Servi

ce

State Service

State political servicePublic serviceObligatory military/alternative civil servicePublic/legal duties exercised by private

entities

Public service is not exercised by:

• The persons engaged in state political services• The persons engaged in obligatory

military/alternative civil service• Private entities who exercise public legal

duties (functional interpretation of administrative organs)

State Political Service

• President of Georgia• Members of the Georgian Parliament• Head/members of Georgian Government• Members of the high representative organs of

Abkhazia and Ajara autonomous republics• Chairmen and members of Abkhazia and Ajara

autonomous republics’ highest executive organs• Members of the local self governance

representative organs

Public Service

• Employment through appointing or electing to the budgetary paid position for performing public duties.

The frames of regulating the Law on Public Service

• The activities of the civil representatives of the executive authorities.

• The activities of the executers of administrative functions of the legislative authorities, the representatives of the top level bodies of the autonomous republics and of local self governance bodies.

The following bodies’ activities are regulated by the law on public service as well as appendixes of specific

legislation

• Law enforcement bodies• Militaries on contract basis• Diplomatic Corps• Chamber of Control• Election Commission• Taxation and Customs offices

The following bodies are functioning according to special legislation as well as by some articles

of the law on public service

• Courts• Independent regulatory bodies• National Bank• Public defender/ombudsman

Only following Public Law legal entities perform the public services

• Public legal corporations• Public legal institutions• Public legal funds

The territorial Public Law Corporation based on membership

• Is separated (as organization) from the state and represents a self governing unit

• Executes state legal duties • It is subordinated to the legislation and state

supervision

Public Legal Institution

• The aim for creating the public legal institutions is to provide services

• Through the public institution format it is possible to create public broadcaster, universities, vocational and secondary schools, service agencies and so on

Public Legal Funds

• Serves to reach the aims determined by the founders through its property

• Protecting certain spheres of social and cultural life as well as protecting interests of certain groups of the society

• Libraries, cultural monuments as well as patients with chronicle diseases or mental and physical disability - people who need special care.

Public Service

Hired, full time

employee

Hired, part time employee

Public servant/Cle

rk

Public Service within the Contractual Frames

• Hired, full time employee: a full time staff member is to fulfill the major aims of the institution. Performs public legal duties for the reason of meeting the needs of this institution.

• Hired, part time employee: is a hired person for the needs of fulfilling goals and functions of the institution and is granted with certain rights for performing public legal duties. No public legal rights are granted to him/her.

Criteria for distinguishing between a part time public servant/clerk and a hired, full time employee

Public servant/clerk Hired, full time employee

Public (administrative) law Private labor law

Appointment - individual administrative act

Labor contract

Legal grounds Individual or collective contract

Principle of career In compliance with his/her activities

Disciplinary responsibility, termination according to the law

Termination of the contract

Principle of alimentation Accordance to the performance

Special social protection General means

Public servant/clerk Hired, full time employee

Ban on strikes The right to strike

Administrative dispute Private law dispute

Public servant/clerk

Professional Public servant/clerk

Political Public servant/clerk

Voluntary Public servant/clerk

Professional public servant/clerk

• A person who performs his/her professional activities and duties full time and receives for this appropriate salary and guarantees.

Political public servant/clerk

• A person who occupies such position where he/she performs activities according to the political views and goals of the government.

Voluntary public servant/clerk

• A person who performs his/her public duties not as his major professional duties but in parallel to his/her professional activates without receiving additional salary.

Classification of the public servant/clerk

• public servant/clerk in state service • public servant/clerk in the local self

governance service• public servant/clerk in the service of other

public legal entity

The main principles of the professional public servant/clerk

• Legal relations between the public servant/clerk and the employer

• Lifelong appointment• The loyalty commitment• Employers’ commitments for appropriate

protection• Neutrality from the political parties

• Principles of the career • The right to hold appropriate rank • Right for appropriate social protection

(alimentation)• Right to receive appropriate legal assistance• Protection against being dismissed illegally • Right to apply to the court

Taking the position

Principle of career –

(professional civil

servant/clerk)

Principle of free

selection (hired, full

time employee)

Career Principle

• Ranking system• Certification, Evaluation• Qualification improvement • Appropriate mechanisms for financial

stimulation• Career principle secures the process of

renewing personnel

Unified System of Ranking

• Unification of the public service structure • Unification of the names for the positions • Mobility

Stability of Personnel

The law should precisely define:• Legal and factual circumstances of qualifying for the

position• Legal basis for dismissing personnel• Protection of social and legal guarantees • Public servant/clerk’s performance should be

assessed regularly and he/she should be trained for improving his/her qualification

• His/her career promotion should be based on professional level and professional skills.

Law on Public ServiceProblems of current law

• Article 96 (liquidation) • Paragraph 2, Article 96 (re-organization) • Article 97 (restoration)• Article 98 (dismissing due to the irrelevance)• Article 99 ( dismissing)• Article 108-109 (warning)

Public servant/clerk

(unified system of compensation)

Hired, full time employee

(compensation within the discretion

margins of the public service,

according to the performance.)

Social Guarantees

• compensation scale according to the unified scheme of ranks

• Hired, full time employee; compensation based on qualification and work efficiency of performance

• pension insurance• Legislative regulation of the amount of bonus

and payment procedures.

Public Service Council

• Elaborating of public service main policy• establishing common standards for

recruitment• School Accreditation/ Providing Training and

retraining system for public servants• Settlement of the disputes