Empowering the Pa Enua GovernmentEmpowering the Pa Enua Government

26 September 9am Russell Thomas Cook Islands26 September 9am Russell Thomas Cook Islands

Outline of the PresentationOutline of the Presentation BackgroundBackground Brief overview of the new Island Government Brief overview of the new Island Government

Reform.Reform. Core Objectives of the reformCore Objectives of the reform AchievementsAchievements Current status maintainedCurrent status maintained New Features in the ActNew Features in the Act Devolution of PowersDevolution of Powers Role of Supporting AgenciesRole of Supporting Agencies

BackgroundBackground

Public Service Reform – 1996Public Service Reform – 1996• Full devolution of Public Service Full devolution of Public Service

Commissioners powers to Heads of Commissioners powers to Heads of Departments (HoDs) (hire & fire, promotion, Departments (HoDs) (hire & fire, promotion, salary etc)salary etc)

• Full devolution for Rarotonga only Full devolution for Rarotonga only • HoDs in Rarotonga still maintain control over HoDs in Rarotonga still maintain control over

their staff in the Pa Enua (sister islands) their staff in the Pa Enua (sister islands)

Background continuesBackground continues

• In 2000 further devolution of powers of In 2000 further devolution of powers of Commissioner to the Pa EnuaCommissioner to the Pa Enua

Appointment of Island Secretaries Appointment of Island Secretaries (IS)appointed like HoDs by PSC(IS)appointed like HoDs by PSC

Employment Contract with PSCEmployment Contract with PSC Report to PSC (6 months & annual) Report to PSC (6 months & annual) Dysfunctional relationship between IS and Dysfunctional relationship between IS and

Island Council (13 yrs)Island Council (13 yrs)

AN OVERVIEW OF THE ISLAND AN OVERVIEW OF THE ISLAND GOVERNMENT REFORMSGOVERNMENT REFORMS

The Island Government Act 2012-2013 represents the most comprehensive reform to the system of governance for the Pa Enua.The reforms build upon the current systemThey preserve the features of current island governance that have been found to work effectively.It is not an entirely new system

CORE OBJECTIVES OF THE REFORMSCORE OBJECTIVES OF THE REFORMS

The core objectives of the reforms are to: resolve known deficiencies and problems remove obstacles to good administration and

effective operation clearly state roles and responsibilities of Island

Governments provide more flexibility so that the process of

reform can be on-going and meet future needs.

BUT REALLY….BUT REALLY….

The major aspects of the reforms have The major aspects of the reforms have addressed:addressed:

The dysfunction between Mayors and their The dysfunction between Mayors and their EO’s (Island Secretaries); andEO’s (Island Secretaries); and

Possibilities and processes for real power Possibilities and processes for real power sharing (devolution of powers)sharing (devolution of powers)

ACHIEVEMENTS SINCE LAST FORUMACHIEVEMENTS SINCE LAST FORUM The Island Government Act 2012-2013 The Island Government Act 2012-2013

was passed and took effect from February was passed and took effect from February 20132013

PSC Instructions for the appointment of PSC Instructions for the appointment of EO’s have been made and appliedEO’s have been made and applied

The recruitment of EO’s has been The recruitment of EO’s has been undertaken under the reformed undertaken under the reformed arrangementsarrangements

MORE ACHIEVEMENTS SINCE LAST FORUMMORE ACHIEVEMENTS SINCE LAST FORUM EO’s position has been re-sizedEO’s position has been re-sized Mayors and Councillors salaries have been Mayors and Councillors salaries have been

reviewed, approved and implemented reviewed, approved and implemented Code of Conduct for Mayors and Councillors Code of Conduct for Mayors and Councillors

has been finalisedhas been finalised Electoral arrangements have been Electoral arrangements have been

reviewed and regulations draftedreviewed and regulations drafted Template MOU for devolution of powers has Template MOU for devolution of powers has

been preparedbeen prepared

EVEN MORE ACHIEVEMENTS SINCE LAST EVEN MORE ACHIEVEMENTS SINCE LAST FORUMFORUM

HR guidebooks have been preparedHR guidebooks have been prepared HoD’s have been briefed on the HoD’s have been briefed on the

reforms (especially arrangement for reforms (especially arrangement for devolution)devolution)

THINGS UNCHANGEDTHINGS UNCHANGED

IG Employees are public servantsIG Employees are public servants IG’s are subject to the Public Service Act IG’s are subject to the Public Service Act

and MFEM’s laws and requirements (e.g. and MFEM’s laws and requirements (e.g. Financial Instructions)Financial Instructions)

The current governments continue until The current governments continue until new elections are held as provided in new elections are held as provided in section 14. section 14.

OTHER THINGS UNCHANGEDOTHER THINGS UNCHANGED

Section 80 provides for all necessary transitional Section 80 provides for all necessary transitional arrangements, preserving the current governance arrangements, preserving the current governance framework but ensuring that this is now done framework but ensuring that this is now done under the provisions of the new law. under the provisions of the new law.

There are no immediate changes to elected There are no immediate changes to elected officials or Island Government employees, with officials or Island Government employees, with the exception of the former Island Secretaries the exception of the former Island Secretaries who have now been replaced by the recently who have now been replaced by the recently recruited Executive Officers.recruited Executive Officers.

SOME NEW FEATURESSOME NEW FEATURES

Governments are now known as Island Governments are now known as Island Governments.Governments.

Island Secretaries are now known as Island Secretaries are now known as Executive OfficersExecutive Officers

IG’s have attributes of a legal person, they IG’s have attributes of a legal person, they are given full legal status (s. 7(3) – to are given full legal status (s. 7(3) – to make contracts, to sue and be sued in the make contracts, to sue and be sued in the IG name, to own property…)IG name, to own property…)

SOME SPECIFIC NEW FEATURESSOME SPECIFIC NEW FEATURES

EO’s are appointed under reformed EO’s are appointed under reformed arrangements determined by the PSC – arrangements determined by the PSC – they are appointed by the Mayors, who they are appointed by the Mayors, who also have a say on setting the terms and also have a say on setting the terms and conditionsconditions

EO’s are subject to day to day direction of EO’s are subject to day to day direction of Mayors and also to CouncilMayors and also to Council

OTHER NEW FEATURESOTHER NEW FEATURES

Mayors are elected separatelyMayors are elected separately Mayors appoint Deputy MayorsMayors appoint Deputy Mayors Elections to be held every 4 years (with Elections to be held every 4 years (with

next one to be within 3 years of the Act next one to be within 3 years of the Act taking effect) under new Regulationstaking effect) under new Regulations

Mayors and Councillors are subject to a Mayors and Councillors are subject to a Code of Conduct and can be removed for Code of Conduct and can be removed for misconductmisconduct

MORE IMPORTANT NEW FEATURESMORE IMPORTANT NEW FEATURES Clear and revised financial processes have been Clear and revised financial processes have been

provided for in Part 5 of the Act. All budget provided for in Part 5 of the Act. All budget allocations to Island Governments must be based allocations to Island Governments must be based upon approved Plans and Budgets prepared in upon approved Plans and Budgets prepared in accordance with section 51. Other sections in Part accordance with section 51. Other sections in Part 5 apply reporting and financial management 5 apply reporting and financial management requirements.requirements.

The revenue base of the Island Governments is The revenue base of the Island Governments is clearly provided for in section 55, and all Island clearly provided for in section 55, and all Island Government will be empowered and encouraged Government will be empowered and encouraged to generate local revenues for development and to generate local revenues for development and service delivery purposes.service delivery purposes.

FINANCIAL FEATURESFINANCIAL FEATURES The essential effect of Part 5 is to The essential effect of Part 5 is to

provide a balance of financial provide a balance of financial autonomy, subject to clear financial autonomy, subject to clear financial responsibilities. responsibilities.

Under section 59 the National Under section 59 the National Government will not be legally Government will not be legally responsible for the debts of Island responsible for the debts of Island Governments.Governments.

DEVOLUTION OF POWERSDEVOLUTION OF POWERS(POWER SHARING)(POWER SHARING)

Key aspects of these reforms include:Key aspects of these reforms include: Powers can be devolved formally (by Powers can be devolved formally (by

regulations and contracts) and less regulations and contracts) and less formally (by MOU’s)formally (by MOU’s)

The devolution of powers vests a power to The devolution of powers vests a power to make local by-lawsmake local by-laws

The by-law making power has been The by-law making power has been substantially modifiedsubstantially modified

Support AgenciesMayors & Councils

Island Administrations

OPM

OPSC

MFEM

Mayors/Councils

Executive Officers

OPM OPSC MFEM

Focus: Governance

•Hire & fire EOs• Strategic Planning & Development• MOUs with line ministries to the development of By-Laws• Endorse Org Structures• Approve staffing policies• Sign off on Time Sheets (EOs)

Focus: Administration

Hire & Fire staff• Staff appraisal• Development of Job Descriptions• Propose Org Structures• Budgets• Development of Business Plans•Dispute Resolutions•Training & Capacity Building

Focus: Support

Facilitate, ensure and provide supportive role to the Outer Islands Government thru:•Recruitment ProcessManage •Performance Management Process•Capacity Management•Strategic & Biz Plan•Implementation of the Outer Island Act 20012-13•Structures & systems

Focus: HR Governance

•Review Machineries of Government• Organisational Structures (approve)• Job Sizing (approve)• Dispute Resolution (PS Act 2009 Sec 36)• Issue Policies & Specific Instructions

Focus: Financial Governance

•Financial advise, accountability•Financial reporting•Etc, etc

Meitaki Atupaka