The Selection Process for the Filling of Vacancies in the Public Service

The Selection Process
for the
Filling of Vacancies
in the
Public Service
September 2014
Resourcing Directorate, PAHRO
1
Aims of the Presentation
• To provide participants with a brief
exposure to the machinery used in the
making of appointments in the Public
Service through selection exercises
• To elaborate on the duties of the
Selection Board in staff selection
processes
September 2014
Resourcing Directorate, PAHRO
2
Constitutional Provisions (1)
In exercising their functions, the Prime
Minister, the Public Service Commission,
the Principal Permanent Secretary and
Heads of Department are subject to the
Provisions of Chapter X of the
Constitution of Malta and to the Public
Service Commission Regulations (S.L.Const.01 http://www.justiceservices.gov.mt/DownloadDocument.aspx?app=lom&itemid=8969&l=1)
September 2014
Resourcing Directorate, PAHRO
3
Constitutional Provisions (2)
Article 110 (1) of the Constitution states that power to
make appointments to public offices (and to remove and to
exercise disciplinary control over persons holding or acting
in such offices) vests in the Prime Minister, acting on the
recommendation of the Public Service Commission
Provided that the Prime Minister may, acting on the
recommendation of the Public Service Commission,
delegate in writing through an Instrument of Delegation,
any of the powers referred to in this subsection to such
public officer or authority as may be specified in that
Instrument
September 2014
Resourcing Directorate, PAHRO
4
Constitutional Provisions (3)
Some examples of Instruments of Delegation
currently in force:
• Power to the Principal Permanent Secretary to
recruit following a selection exercise carried out
under the auspices of the Board of Local Public
Examinations
• Power to the Public Service Commission to
approve appointments, including postponement
and revocation of appointments, and withholding of
progression to higher salary scale(s), as applicable,
in respect of public offices in Salary Scales 6 to 20,
both scales included
September 2014
Resourcing Directorate, PAHRO
5
The Public Service
Commission Regulations
Recruitment to public offices, both from
within and from outside the Service, is
to be carried out in accordance with the
Public Service Commission Regulations
normally following the issue of an
appropriate call for applications
September 2014
Resourcing Directorate, PAHRO
6
Principles
Governing
the
Making of Appointments (1)
Article 21* of the Public Administration Act (Chap. 497 of
the Laws of Malta), regarding the Merit Principle, states
that:
“21. (1) Except as otherwise provided for in this or any other
Act, appointments to public offices shall be made by
competitive selection on merit.
(2) For the purpose of this article, competitive selection on
merit means the selection of the candidate best suited for the
office on the basis of an assessment of eligible candidates’
individual and relative merits against the requirements of that
office.”
*still to come into force
September 2014
Resourcing Directorate, PAHRO
7
Principles
Governing
the
Making of Appointments (2)
• Assessment must be fair and, as far as
possible, objective
• Competition must be open and well
publicised
• The whole process must be carried out
in an expeditious manner
September 2014
Resourcing Directorate, PAHRO
8
Other Rules Governing the
Selection Process
Additional rules, policies and guidelines are
issued from time to time in Circulars by the
Principal Permanent Secretary or by the
Director General PAHRO or by the Director
(Resourcing), in consultation with the Public
Service Commission. These are codified in
Chapter 1 of Public Service Management
Code (http://www.pahro.gov.mt/chapter-1-1)
September 2014
Resourcing Directorate, PAHRO
9
Appointment of Selection Boards
• Concurrently with the issue of the call for
applications, the Head of Department will
appoint the Selection Board
• The Selection Board is composed of a
Chairperson and at least 2 Members, being
serving public officers and/or persons listed
on the Ministerial Standing Selection Panel
(SSP), provided that the Board includes at
least one serving public officer
September 2014
Resourcing Directorate, PAHRO
10
Accountability of Selection Boards
• A Selection Board is part of the machinery of the Public
Service Commission and its members are therefore
subject to the restriction on disclosure of information laid
down in the Public Service Commission Regulations.
This means that no member of the board may divulge
the report or proceedings of the board to any other
person, whether a public officer or not.
• In the course of discharging its duties, the Selection
Board is to refer to the Executive Secretary, Public
Service Commission, any queries which the Board may
have in relation to matters arising from the selection
process. The decision of the Commission shall be final
and is to be acted upon by the Selection Board.
September 2014
Resourcing Directorate, PAHRO
11
Establishing the Selection Criteria
• Concurrently with the issue of the call for applications the
head of department will also propose a set of criteria and
weightings to be followed by the Selection Board in
assessing eligible applicants, and will forward his/her
proposals for the approval of the Public Service
Commission
• Selection criteria should only be adopted by the Selection
Board after they are formally approved by the Public
Service Commission
• The criteria are not to be altered without the prior approval
of the Public Service Commission
September 2014
Resourcing Directorate, PAHRO
12
What happens after the closing date? (1)
Immediately upon the closing date for receipt of
applications, the head of department will furnish the
Chairperson and each Member of the Selection Board with:
• A list of all applications received by the deadline,
including details concerning name, address, grade and
Department (if any), date of birth, I.D. number,
qualifications, etc. of every applicant
• A similar but separate list of late applications
September 2014
Resourcing Directorate, PAHRO
13
What happens after the closing date? (2)
The Chairperson and Members are to ensure that they
satisfy the conditions laid down in the standard PSC
Declaration Form No. 6 - “Conflict of Interest”
(http://www.pahro.gov.mt/forms-and-templates?l=1 ), i.e. that:
• They are not related to any candidate by consanguinity or affinity to the
fourth degree inclusive
• They are not the tutors or curators of any candidate in terms of the Civil
Code
• Their non-work-related activities, including but not limited to, any
participation in political activities, do not place them in a conflict of interest
as a Chairperson/Member of the Selection Board
and are to submit immediate notification should they not be
in a position to sign the form or otherwise consider that
their serving on the Selection Board could create a conflict
of interest
September 2014
Resourcing Directorate, PAHRO
14
What happens after the closing date? (3)
The head of department will also furnish the
Chairperson of the Selection Board with the
completed application forms as well as
accompanying documentation
September 2014
Resourcing Directorate, PAHRO
15
Preliminary Meeting (1)
Once appointed, a Selection Board should hold a
preliminary meeting. During the preliminary meeting, the
Selection Board should:• Familiarise itself with the contents of the call for applications
• Vet the applications with the view of determining which
applicants are eligible and those who are not
• Ensure that it fully understands the selection criteria and
weightings
• Prescribe a set of sub-criteria for each approved criterion
with corresponding allotment of marks
• Discuss how to proceed during the interviews
• Decide on whether the oral interview is to be supplemented
with additional mechanisms for the assessment of candidates
September 2014
Resourcing Directorate, PAHRO
16
Preliminary Meeting (2)
The Selection Board should read the call for applications carefully and
take note of:
• The closing date and closing time for the receipt of applications;
• All the eligibility requirements contained in the call for
applications (e.g. citizenship, grade when applicable, salary scale
when applicable, academic/professional qualifications, warrant,
experience, ability to communicate in the Maltese and English
languages, etc.)
• Any specific request for further information requested with
applications (e.g. the inclusion of a copy of certificates and/or
testimonials on qualifications and experience claimed by
candidates, Form GP 47 (signed by a Principal or higher Officer),
Certificate of Conduct issued by the Police or other competent
authority within the stipulated period, etc.)
September 2014
Resourcing Directorate, PAHRO
17
Eligibility (1)
• All eligibility requirements must be met by the
closing date and the closing time for the receipt
of applications
• Applicants who fail to meet any of the eligibility
requirements by the established closing date and
time should be deemed ineligible for the
post/position in question, even in cases where
applicants
subsequently
fully
meet
such
requirements after the closing date for applications
September 2014
Resourcing Directorate, PAHRO
18
Eligibility (2)
Should
there
be
difficulties
in
establishing whether a candidate
satisfies the eligibility criteria, that
candidate is not to be summoned for an
interview by the Selection Board before
it is ascertained that the candidate is, in
fact, eligible
September 2014
Resourcing Directorate, PAHRO
19
Late Applications
IF . . .
the Selection Board receives a late but otherwise
valid application
THEN . . .
the applicant should be clearly informed of his/her
shortcoming in writing and that he/she cannot be
considered for the post/position on account of the
closing date and time established in the call for
applications
September 2014
Resourcing Directorate, PAHRO
20
Applications by Ineligible Candidates
IF . . .
the Selection Board receives an application that does not
satisfy one or more of the eligibility requirements
THEN . . .
the applicant should be clearly informed in writing that
he/she cannot be considered for the post/position,
specifying the eligibility requirements of the call for
applications not met by the applicant
September 2014
Resourcing Directorate, PAHRO
21
Applications with Missing Information
IF . . .
the Selection Board receives an application which does
not contain copies of documents/other information
requested in the call for applications
THEN . . .
the applicant should be asked in writing to provide the
missing information by a set date. Should the missing
information represent an eligibility requirement, the
Selection Board should not decide on the applicant’s
eligibility until the lapse of the allowed time period
September 2014
Resourcing Directorate, PAHRO
22
Setting the Sub-Criteria (1)
• Sub-criteria (and the corresponding allotment of
marks) for every criterion approved by the Public
Service Commission are to be set by the Selection
Board and submitted to the Commission prior to the
commencement of the actual interviews and are to
be applied uniformly to all candidates
• Sub-criteria should be specific to the area covered by
the call for applications and should reflect the type of
expertise, particular experience and specific qualities
required for the post/position
September 2014
Resourcing Directorate, PAHRO
23
Setting the Sub-Criteria (2)
• Insofar as the criterion ‘Qualifications’, or ‘Related
Qualifications’ or ‘Relevant Qualifications’
is
concerned, no marks are to be awarded for those
qualifications presented by an applicant which form
part of the eligibility criteria and on the basis of which
the applicant is considered as being eligible as
indicated in the relevant call for applications
• In such cases, marks may be awarded for the
ranking obtained in the relative degree or other
qualification
• However, marks given for ranking should not exceed
25% of the total mark for the criterion approved by
the Commission
(Further details regarding marks to be awarded for qualifications may
be found at Section 8 of the “Guidelines for Appointments in the Public
Service”
available
at
http://www.pahro.gov.mt/forms-andtemplates?l=1)
September 2014
Resourcing Directorate, PAHRO
24
Setting the Sub-Criteria (3) – an example
The approved marking scheme for a particular post included the
criterion ‘experience’ to which were allotted 25 marks out of a total of
100.
The selection panel defined the criterion as incorporating three
elements:
• years of service in the next lower grade: two marks per
completed year of service, to a maximum of 10 marks
• years of service/experience in other relevant public or private
sector employment: two marks per completed year of
service/experience, to a maximum of 10 marks
• special assignments in the trade requiring exceptional skill or
expertise: bonus of 5 marks
September 2014
Resourcing Directorate, PAHRO
25
Supplementary Selection Mechanisms
• May include office skills tests, short tests of writing
proficiency, multiple choice questions or IQ tests
• To be undergone by all eligible candidates, and not
as a qualifying stage on the basis of which
candidates could be excluded from the interview
• Selection Boards are to seek Public Service
Commission approval of their proposed selection
mechanisms additional to the interview at the stage
when they propose the sub-criteria for the
Commission’s consideration
September 2014
Resourcing Directorate, PAHRO
26
The Service and Leave Record Form (GP 47)
The service of Public Officers detailed with Public Sector Entities is
reckonable as “service in the grade”
BUT
No account is to be taken of appointments to grades with Public
Sector Entities when determining the eligibility of Public Officers
applying for vacancies in the Public Service through internal calls
for applications
BECAUSE
Public Sector Entities have a separate legal personality from the
Public Service and hence, appointments to grades with such
Entities do not have a bearing on the substantive grade of the
Public Officer in question
September 2014
Resourcing Directorate, PAHRO
27
Letters of Reference
Letters of reference submitted by applicants are acceptable provided that:•
they were not drawn up by any person forming part of the Selection
Board in question
•
they were drawn up specifically in connection with the filling of the
posts/positions in terms of the call for applications under consideration
•
they do not exceed a maximum of three (3) letters of reference
•
one (1) letter of reference should be drawn up by the Officer’s current
supervisor (unless s/he is sitting on the Selection Board) if s/he has been
supervising the officer for at least a one-year period or, if this is not
possible, the most recent supervisor with whom the candidate has served
for a minimum of one year
•
the supervisor making the reference must hold a post/position at Scale 5
or higher
September 2014
Resourcing Directorate, PAHRO
28
Recognition of Experience
Selection Boards are to keep in mind that previous
accredited experience, whether gained within the Public
Service, or with a local / foreign employer, is reckonable
for the purpose of satisfying eligibility criteria when a
person is applying through a public call for applications
for a post or position in the Public Service and is also to
be taken into consideration when awarding marks
during the selection process
September 2014
Resourcing Directorate, PAHRO
29
Summoning Eligible Candidates (1)
After the Selection Board fully determines the
eligibility, or otherwise, of all candidates for a
given post/position in terms of the respective call
for applications, it should notify eligible
candidates well in advance, preferably not less
than ten (10) working days, of the place, date and
time of the holding of the interview. Only eligible
applicants are to be called for the interview.
September 2014
Resourcing Directorate, PAHRO
30
Summoning Eligible Candidates (2)
If an applicant, owing to a justifiable
reason, fails to attend for an interview on
the date and time notified, the Selection
Board may at its discretion allow the
applicant concerned to be interviewed on
another occasion which is suitable to the
Chairperson and Members of the Board
September 2014
Resourcing Directorate, PAHRO
31
Summoning Eligible Applicants (3)
If an applicant is unable to physically
attend for an interview, the Selection
Board may carry out the interview by
video-conference. Conducting interviews
over the telephone, however, is not
permissible.
September 2014
Resourcing Directorate, PAHRO
32
Interviewing & Assessing Eligible Applicants
• A Selection Board is required to assess eligible applicants only on
the basis of the criteria and weightings approved by the Public
Service Commission for that specific case
• Some of the usual criteria approved by the Public Service
Commission typically include: Related Knowledge, Relevant
Experience, Qualifications
• Immediately after each interview, the members review and rate
that candidate’s performance, and allot marks jointly against each
of the approved selection criteria
• Records of interviews, including brief notes on information and
general impressions left by candidates, should also be kept by the
Board in case any queries or petitions originate
September 2014
Resourcing Directorate, PAHRO
33
Non-discrimination
Assessments should be free from any form of discrimination on any grounds
according to relevant legislation, namely the Employment & Industrial Relations
Act (Cap. 452), the Equal Treatment in Employment Regulations (SL 452.95)
and the Equality for Men and Women Act (Cap. 456) – e.g.
•
•
•
•
•
•
•
•
•
•
family responsibilities
gender
marital status
pregnancy or potential pregnancy
sex / sexual orientation
racial or ethnic origin
disability
age
religion or religious belief
political opinion or membership in a trade union or in an employers’
association
September 2014
Resourcing Directorate, PAHRO
34
Equality of Opportunity
•
Registered persons with a disability who do not satisfy the full eligibility
requirements in calls for applications, but who are capable of carrying out, in
essence, the duties attached to a particular post/position, may request
reasonable accommodation when applying for posts/positions in the Public
Service. The Selection Board is to await instructions from the PSC on
whether one or more of the eligibility requirements may be waived
•
Where calls for applications require sitting for an examination, persons
registered with the KNPD are to be allowed special examination
arrangements, on the lines of those established in the University of Malta
Guidelines to MATSEC Examinations Access Arrangements, 2011
(http://www.um.edu.mt/about/services/support/access)
September 2014
Resourcing Directorate, PAHRO
35
Establishing the Order of Merit (1)
•
•
The award of fractions of a mark in the final
result is not allowed
Ties (i.e. the award of the same mark in the
result sheet to more than one candidate) are
only allowed in exceptional circumstances
September 2014
Resourcing Directorate, PAHRO
36
Establishing the Order of Merit (2)
While retaining the approved selection criteria in the same
proportion as that approved by the Commission, Selection
Boards should automatically increase the marking range as
follows:
• Where the number of applicants is up and including 25
applicants, the range of marks is to be 0 to 100;
• Where the number of applicants is between 26 and 50, the range
of marks is to be 0 to 200;
• Where the number of applicants is over 50, the marking range is
to be 0 to 300.
Should the Board feel that a further increase in the range of
marks of a particular interview is justified, the specific
approval of the Commission is to be sought
September 2014
Resourcing Directorate, PAHRO
37
Establishing the Order of Merit (3)
• Cases such as those resulting in ties, or where
the difference in ranking order is that of one/two
marks, especially where the difference is in
selection criteria that are subjective in nature
and in particular where ‘Personality’ is involved,
or borderline failures, require specific scrutiny
• Selection Boards should keep notes and
workings related to the selection process
• Selection Boards should be in a position to
comment on any points made by applicants in
eventual petitions to the Public Service
Commission
September 2014
Resourcing Directorate, PAHRO
38
Establishing the Order of Merit (4)
The order of merit of candidates who
obtain the same total mark is determined
according to Section 1.3.9.6 of the
Public Service Management Code
(http://www.pahro.gov.mt/chapter-1-3)
September 2014
Resourcing Directorate, PAHRO
39
Retention periods for notes and workings of the
Selection Board
• To be of the same duration as the validity period of the respective
result, unless (i) a petition connected with the particular call for
applications has been filed with the Public Service Commission; and/or
(ii) a complaint has been filed with the Ombudsman in relation to the
call for applications
• When an applicant files a petition with the Commission or a complaint
with the Ombudsman, Selection Boards are to retain their notes and
workings for a period of 2 years from the date of publication of the
result
• In exceptionally protracted cases where there are indications that a 2year retention period may be insufficient, PSC will direct the Selection
Board to retain its notes until the conclusion of the case
• As regards positions co-financed from EU funds, the retention period
for the Selection Board’s notes/workings should be the same as the
retention period for application forms, as stipulated in the regulations
governing the relative EU programme for which the particular call for
applications is issued
September 2014
Resourcing Directorate, PAHRO
40
The Selection Board Report (1)
The Selection Board report should include the following
information:• The total number of applicants, distinguishing between
eligible and ineligible applicants
• Reasons why any applicants have been considered
ineligible
• Cases of absentees/withdrawn applications - applicants
who withdraw are expected to confirm in writing and the
letter of withdrawal is to form part of the report
• Any comments that the Board may wish to submit
September 2014
Resourcing Directorate, PAHRO
41
The Selection Board Report (2)
The following should be submitted as appendices to the
report:a)
The PSC Declaration Forms 6 and 7
b)
A statement showing the sub-criteria and weightings
thereon, as determined by the Selection Board
c)
An assessment sheet indicating the marks allotted to
each candidate under each criterion and sub-criterion
September 2014
Resourcing Directorate, PAHRO
42
The Selection Board Report (3)
d) two (2) copies of the Result Sheet of the interview
showing the set maximum mark and pass mark, the
names and ID numbers of the eligible candidates in
order of merit and the final mark given. In the case of
candidates who fail to obtain a pass mark, the name is
to be left out and the letter “F” is to be inserted in the
“Order of Merit” column. These result sheets are to have
the full signature of the Chairperson and members of
the Selection Board on each page
September 2014
Resourcing Directorate, PAHRO
43
The Selection Board Report (4)
The Selection Board’s report and all
accompanying documents should be
typewritten and not handwritten.
September 2014
Resourcing Directorate, PAHRO
44
The Selection Board Report (5)
A specimen Selection Board
assessment sheet and result sheet
downloaded from the website
Resourcing Directorate, PAHRO
address:
report,
may be
of the
at the
http://www.pahro.gov.mt/forms-andtemplates?l=1
September 2014
Resourcing Directorate, PAHRO
45
The Selection Board Report (6)
Minority Reports:• In its report, the Selection Board should also state
whether the members were unanimous in their
conclusions
• If not, the dissenting minority should state its views and
the reasons for dissent (such minority reports are
exceptional - most differences of opinion may often be
resolved by discussion and goodwill)
• Minority reports are to be transmitted separately to the
Commission and the majority report should not be
signed by the dissenting minority
September 2014
Resourcing Directorate, PAHRO
46
The Selection Board Report (7)
• The Chairperson and Members of the
Selection Board should include their full
name and signature at the end of every copy
of the report and appendices
• Every page forming part of the main text of
the report and appendices should be
initialed by the Chairperson and Members
September 2014
Resourcing Directorate, PAHRO
47
The Selection Board Report (8)
• The report and appendices are to be submitted
directly to the Executive Secretary, Public Service
Commission under confidential cover
• A copy of these confidential documents should also
be transmitted to the Head of Department where the
vacancy exists
• The Selection Board should also retain a confidential
copy of the report (incl. workings thereto) and should
only refer to the report if so required by the
Commission
September 2014
Resourcing Directorate, PAHRO
48
Candidates who Request
Breakdown of Marks
• A breakdown of the result is given by the Executive
Secretary of the Public Service Commission, or by
the respective Head of Department, only at the
specific request of a candidate and only in respect of
his/her performance during the interview
• Those candidates who, in addition, request to know
the marks given to them for the sub-criteria set by
Selection Boards in respect of the selection criteria
approved by the Commission, are to be given the
information requested
September 2014
Resourcing Directorate, PAHRO
49
Accountability
The members of a Selection Board are
accountable
to
the
Public
Service
Commission and are jointly and severally
responsible for ensuring that approved
selection procedures are faithfully observed
and that candidates are assessed fairly
September 2014
Resourcing Directorate, PAHRO
50
Further Information
Further information is available in the
“Guidelines for Appointments in the Public
Service”.
The guidelines, as well as an
electronic copy of this presentation, may be
downloaded from the website of the Resourcing
Directorate, PAHRO at the address:
http://www.pahro.gov.mt/forms-andtemplates?l=1
September 2014
Resourcing Directorate, PAHRO
51
Thank you for your attention
September 2014
Resourcing Directorate, PAHRO
52