ICYMI: Trudeau must clarify ‘unwritten’ PS rules: expert panel

Always interesting, the views of Kevin Lynch and others on the panel. Personally, not sure about the proposed solutions but report is raising  the right questions:

For the public service, the first thing to do is clarify the “conventions” or unwritten rules underpinning its role on policy advice, as well as carrying out programs and delivering services, says the panel.

Lynch said that clarity should come in a statement from the prime minister. He said the statement should be made in Parliament, with all-party support, and would be the benchmark for future behaviour.

After the sponsorship scandal of the Chrétien era, the Conservative government under Stephen Harper passed legislation that beefed up the role and responsibilities of deputy ministers, making them “accounting officers” responsible for the management of their departments.

The panel wants deputy ministers to also annually attest to measures that ensure regular meetings between the minister and deputy ministers, as well as working relationships between the minister, minister’s office and departmental officials.

Deputies would also have to attest to the “highest levels of integrity and impartiality” in the department on policy advice, program delivery, regulatory administration and departmental communications. They would have to confirm departments have the policy capacity to deliver the government’s agenda and handle the study of long-term issues.

The department would also be expected to consult Canadians and use digital technology to stay abreast of the public’s views when developing policies and programs.

Many argue the existing legislation for “accounting officers” covers much of this territory because deputy ministers are responsible for following all Treasury Board policies and the code of conduct.

Lynch said the panel was intent that its report, published by the Public Policy Forum, not be shelved without debate so it is taking the discussion on the road. He and other members are touring the public policy and management schools at universities across the country to discuss the proposals.

Academics and public management experts have sounded the alarm for years on the deterioration of Canada’s democratic institutions as more power was centralized in the Prime Minister’s Office. Many argue the problems got worse under the Conservative government.

Lynch said the panel is proposing “practical” fixes that could be done quickly without changing the constitution and new legislation.

A big problem for the public service is the mushrooming army of political staffers led by the PMO, the “political service” that has taken over some of the work of the public service.

Politicians began to rely on staffers for ideas and advice, sidelining the public service. As a result, the public service didn’t use, and thus lost, some of its policy capacity, and deputy ministers ended up more connected to the PMO than their ministers.

The panel recommended a new code of conduct for political staff that would clearly spell out the roles and duties of public servants and what political staff can do. It also urged more training and an oversight body for political staff.

Trudeau introduced a new code of conduct for staffers in his updated Guide to Ministers.

But Lynch said “short-termism” and political parties being in “permanent campaign” mode have changed the nature of the work of the public service and its relationship with politicians.

“This is not about going back to the good old days,” said Lynch. “These broad trends are happening regardless and what we have to do is figure out — given that reality — the checks and balances that will ensure (our institutions) work they way they are intended.”

Politicians are racing to keep up with today’s rapid, “technology-driven round-the-clock news cycle.” Parties are seen to be always in campaign mode and focus on short-term issues for political gain rather than long-term policies and strategies. Public servants, however, are supposed to be neutral and have no role in campaigns.

“We have drifted into a period of permanent campaigning, which is an American phenomenon …. which is not a good thing for the role of the public service because it doesn’t have a role in a campaign, said Lynch.

“Political parties operate less as a government and more as a party for re-election so the more we get into permanent campaign modes, it changes the relationships and not necessarily in good ways.”

Lynch argued that once the governance issue is fixed, the next challenge for the public service will be changing the way it does policy in a world driven by big data and analytics. Public servants must learn to manage risk; they will have to become innovative and use more open communications and using social media.

Source: Trudeau must clarify ‘unwritten’ PS rules: expert panel | Ottawa Citizen

Tories call for probe of public servants who aided report on tax agency

Valid concerns regarding the breach of the impartiality of the public service, not just leaking of documents (which also is problematic):

The Conservatives are calling for an investigation into claims that Canada Revenue Agency employees teamed up with an advocacy group for a report that alleges mismanagement and political interference in tax investigations that cost billions in uncollected revenue.

Conservative MP Ziad Aboultaif, the party’s national revenue critic, said the involvement of public servants in such a report during an election is “disturbing” and shouldn’t be ignored just because a new government was elected.

“I would hope that the Minister of National Revenue realizes the seriousness of this and is investigating the supposed wrongdoing, not ignoring it because the incident took place under the previous government,” said Aboultaif.

“There is a principle involved here; it is not about party politics. Canadians expect their public service to be both professional and neutral.”

The report, by Canadians for Tax Fairness, was based on 28 interviews with former and current auditors and other tax specialists. They alleged the agency is mismanaged, undermined by major budget cuts, and that it targets ordinary taxpayers over the “big-time tax cheats” hiding money offshore.

Public servants are supposed to be non-partisan and loyal to the elected government. They face even stricter limits on their behaviour during an election.

Aboultaif argued neutrality is part of the job and that public servants give up the right to criticize government policies when they join the public service.

“Public servants take an oath of office and agree to abide by a code of ethics while employed in the civil service,” he said.

….So far, the Canada Revenue Agency has rejected the report’s allegations as unfounded. It said it was unable to determine if the ethics code was breached because it didn’t know who the employees were.

Donald Savoie, Canada Research Chair in public administration and governance at the University of Moncton, has written books on how the traditional “bargain” or relationship between public servants and politicians is broken. He says this case is one of the most blatant violations yet.

“If public servants become political actors, which is what is happening here, that is just not how the Westminster system was conceived. We are reshaping fundamental tenets of the system on the fly without any reflection or debate.”

Savoie argued this is an issue that warrants the attention of Prime Minister Justin Trudeau to clarify what is expected of public servants today.

“This is a government issue, not a CRA issue. It should be raising alarm bells in the Privy Council Office and Treasury Board because it goes to the heart of the fundamental role of the public service.

“I think the prime minister, cabinet and head of the public service should be responding.”

Source: Tories call for probe of public servants who aided report on tax agency | Ottawa Citizen

The earlier article ICYMI:

Source: Public Servants ‘blow the whistle’ on tax system shortfalls | Ottawa Citizen

A modern public service has great expectations to meet: Lynch

Kevin Lynch’s (former PCO Clerk) prescriptions for rebuilding the public service:

First, a strong analytic policy capacity that is both broad and deep is a basic necessity of effective governing in an increasingly interconnected, complex and uncertain world….

Second, a risk-management orientation. In a world experiencing a sharp spike in risk and volatility, the smart response by government is proactive  not reactive – risk management….

Third, an innovation focus. In a world where technological innovation is at an inflexion point, disrupting how business is done in sector after sector, government should be at the leading edge of innovation adaptation. It is not.  …

A re-empowered public service can be a magnet for talent and contribute significantly to Canada’s long-term success as a strong economy and vibrant society. It now has great expectations to meet.

Source: A modern public service has great expectations to meet – The Globe and Mail

Report calls for a ‘humanized’ public service

A good initiative of the previous government:

The report, which recommends implementing the Mental Health Commission’s national psychological standard across government, concludes that the way the public service is managed must shift from an “output-focused environment to one that is more people-focused.”

The recommendations revolve around fixes in key areas: leadership, engagement, education on mental health, training and workplace practices, communication, and promotion and accountability.

“We must humanize the workplace … A more people-focused environment contributes to a high-quality federal public service (and) compassion is fundamental to this shift,” said the report.

Treasury Board President Scott Brison said the report shows the government and unions have “common ground” where they can work together.

“Humanizing is consistent with our government agenda to create a culture of respect for the public service,” said Brison.

“Mental health is part of that, ensuring public servants have a healthy workplace,” he said. “It is the right thing and healthy workplaces are more productive.”

The task force grew out of the bargaining demand PSAC tabled nearly a year ago. It asked the government to adopt the Mental Health Commission’s national psychological standard across government and enshrine it in all collective agreements.

Clement took the extraordinary step of taking the proposal off the table, and setting up a task force to examine the standard and identify the toxic factors in the workplace that are making workers sick.

“The unions deserve credit … and I give full marks to Tony Clement for having helped to initiate this,” said Brison. “I told the unions that it this is just the beginning.”

Brison stressed the committee’s work won’t be used as a bargaining chip in “any way, shape or form” when Treasury Board negotiators and the 18 unions resume collective bargaining on sick leave in January.

The cost of mental illness, from absenteeism to productivity, has been on the government’s radar for the past decade, with mental health claims accounting for 47 per cent of all disability claims.

The 2014 public service survey found employees’ engagement was falling and one in five said they were harassed, mostly by co-workers or bosses.  Studies of executives and their health showed similar trends.

Last year, 40 per cent of all calls to the hotline for the Employee Assistance Program were about mental health.

Source: Report calls for a ‘humanized’ public service | Ottawa Citizen

Clinton e-mails reveal Canadian foreign service enmity towards Harper Tories – The Globe and Mail

Not unique to the newly-renamed Global Affairs but nevertheless particularly striking and reinforces the Conservative government’s suspicion of public servants, particularly the foreign affairs and aid public servants.

And this strikes me as disloyalty to the former government, not in keeping with the public service ‘loyal implementation’ obligation:

The U.S. special co-ordinator for Haiti said Canadians were worried about budget cuts that would have slashed down an operation from 11 employees to four, for a country that was ostensibly a major Canadian foreign policy priority.

“I was a little astonished at how openly the career folks at the foreign and assistance ministries disliked their new political masters and wanted us to convince them not to cut Haiti,” said Tom Adams, in a May 2012 e-mail forwarded to Clinton and released Monday.

“In my many years here I have never seen such open disloyalty with a change of administrations. Although the political appointees told me there was no need to have the Secretary talk to Baird about Haiti, the senior career folks, on the margins, implored me to have this done.”

The dynamic described in that e-mail was on public display recently after the federal election, when employees at the foreign ministry cheered during a visit from their new Liberal bosses.

Clinton replied that she was happy to call her counterpart John Baird, if necessary. The presidential contender’s e-mails are now being released in instalments, after an uproar over her use of a private home-based server that couldn’t be searched for freedom of information requests.

Source: Clinton e-mails reveal Canadian foreign service enmity towards Harper Tories – The Globe and Mail

A change in government alone won’t fix the malaise: Savoie

Always interesting to read Savoie’s observations.

A good list of fundamental questions facing the public service:

A change in government in itself will not address the malaise confronting the public service. It can, however, open a window to answering fundamental questions about organizing government.

If nothing belongs to a single department any more, should we still rely on traditional line departments to come up with policy proposals and deliver public services? Should government have self-governing delivery arms tied to policy centres led by ministers? If government departments and agencies cannot retain revenues or their budget, how can we expect them to remain frugal? How can we streamline accountability requirements? How can we isolate, at least some government operations, so that missteps become lessons learned for managers rather than “gotcha” fodder for the blame game? How can we improve relations between ministers and the public service, government and Parliament?

Dealing with fundamental questions will force senior government officials to go beyond giving the appearance of change while standing still. The question needs the attention of at least some senior ministers and some senior public servants operating away from the demands of the day. Past reform attempts have sadly ignored Parliament, which may offer some explanations for their failure.

Why not structure a House of Commons committee and ask that it pursue these questions?

Public servants should be encouraging this debate. They should, however, shy away from partisanship, even the appearance of partisanship. The one thing that gives the public service strength, credibility and standing with Canadians and, yes, with politicians, is its non-partisan status and the ability to serve all politicians without fear or favour.

I would add to the list greater awareness and mindfulness of public servant biases and values, rather than just focusing on more avert partisanship, to improve the impartiality and neutrality of advice.

Source: A change in government alone won’t fix the malaise – The Globe and Mail

Public servants ‘gaming the system’ — take twice as many sick days as private sector workers: report

While the data is correct, the interpretation that most people ‘game the system’ is more anecdotal than evidence-based (some clearly do of course).

While I support changes that reduce such abuse, I would want to preserve provisions for sick day banking in cases of catastrophic illness (e.g., cancer):

And the article is silent on Canada’s public servants take up to twice the number of sick days a year as private sector workers do, because of different motivations, work cultures and rules that encourage “gaming the system,” says a new report by the Macdonald-Laurier Institute.

Phillip Cross, Statistics Canada’s former chief economic analyst, concludes in the report that the existing sick-leave regime in the federal government should be overhauled because attitudes and cultural practices “rather than biology and medicine” are at the root of the problem.

Cross, who made his name as a straight-shooting analyst, said a “sickness in the system” accounts for why public servants claim 10.5 days a year for illness while private sector employees average 6.4 days. The overall public sector – including education and health care workers – is close to the federal average at 10.6 days a year.

He said differences between the sectors are so significant that working in the public sector itself is a determinant of sick-leave use, rather than exposure to illness or injury.

‘I don’t want to sound like private sector workers are saints and public sector are sinners’

“I don’t want to sound like private sector workers are saints and public sector are sinners. If they had the same opportunity to game the system, I think it is human nature to take advantage of it, and the opportunities for gaming are much easier in the federal government,” said Cross.

“The rules allow people who want to work as little as possible to succeed. Is it the system or the individual? It’s a bit of both.”

The study was based on data from Statistics Canada’s labour force survey, which includes all full-time employees other than the self-employed. The survey’s finding of federal employees taking 10.5 days a year is in line with the 10.3 days that a Parliamentary Budget Office report found several years ago.

Cross’s study found the gap between the private and public sectors has also been widening. Public servants took an average of 7.2 days off in 1987 – including federal employees – compared to 10.6 days today. Most of that increase came after 1995. At the same time, private sector employees take 6.4 days, the same as they did 27 years ago.

Source: Public servants ‘gaming the system’ — take twice as many sick days as private sector workers: report

Les fonctionnaires saluent le gouvernement Trudeau

More on the public service public (and private) reaction to the change in government and approach to the public service:

Mel Cappe, un ancien greffier du Conseil privé (sorte de grand patron de la fonction publique fédérale), accueille lui aussi favorablement la nouvelle, tout en apportant un bémol. Il rappelle que les fonctionnaires ont le devoir de servir leurs maîtres politiques du jour. Si les scientifiques devraient avoir le droit de parler de leurs recherches, cela ne leur donne pas pour autant le droit de critiquer publiquement les choix politiques du gouvernement.

Fonctionnaires partisans ?

Cette annonce vendredi n’est pas le seul événement à avoir ébranlé la bulle fédérale. En après-midi, le ministre des Affaires étrangères, Stéphane Dion, a donné à son ministère un point de presse au cours duquel plusieurs fonctionnaires présents l’ont applaudi à trois reprises : lorsqu’il a parlé de la valeur de tous les fonctionnaires, d’évaluations environnementales et de lutte contre les changements climatiques.

Les critiques ont fusé sur les réseaux sociaux, de nombreux commentateurs y voyant la preuve que la fonction publique fédérale est « rouge » dans l’âme et que Stephen Harper avait raison de s’en méfier.

Debi Daviau y voit plutôt une « réaction complètement naturelle et humaine après neuf ans d’abus complet et absolu »« Notre fonction publique vit une lune de miel du fait qu’elle peut, après neuf ans, être autorisée à faire son travail correctement. On ne doit pas s’inquiéter que notre fonctionpublique célèbre cela. »

Tom Flanagan, professeur de sciences politiques de Calgary et ancien collaborateur de Stephen Harper, trouve ces applaudissements problématiques. Ils trahissent non pas un biais pro-libéral, mais un biais en faveur d’une vision interventionniste de l’État.« Les fonctionnaires ont intérêt à ce que l’État soit gros. C’est leur industrie. Plus l’État est gros, plus il y a d’emplois, d’occasions de promotions et meilleur est le salaire. C’est pour cela qu’ils sont toujours suspicieux des gouvernements qui prônent la retenue. » Les visions politiques libertariennes véhiculées par les partis politiques de l’Ouest sont donc perçues comme étant étrangères.

« Je vais utiliser cet exemple dans mes cours pour démontrer la dominance du courant de pensée laurentien [du Canada central] à Ottawa et comment l’Ouest est encore perçu comme un outsider ! » reconnaît-il.

Mel Cappe lui donne en partie raison. Les applaudissements soulignaient, à son avis, « la revitalisation et la renaissance du rôle du Canada sur la scène internationale ». En ce sens, dit-il, les fonctionnaires avaient beaucoup aimé le gouvernement de Brian Mulroney, preuve que ce n’est pas la « partisanerie » qui anime les fonctionnaires, mais une certaine vision de l’État.

Source: Les fonctionnaires saluent le gouvernement Trudeau | Le Devoir

Justin Trudeau joyfully mobbed by federal civil servants

PM Trudeau at the rebranded Global Affairs department. Unprofessional but understandable:

Suddenly there was a buzz and the crowd moved forward.

Trudeau appeared and began to make his way out of the building. He was swarmed. Many took photos and even selfies along the way.

Liberal Cabinet 20151106

Trudeau was mobbed as he tried to leave the Lester B. Pearson building Friday. He told the crowd his government would need the civil service’s absolute best. (Sean Kilpatrick/Canadian Press)

The prime minister was hugged. Cheers erupted. He smiled, waved and stopped by the door.

He thanked the crowd for supporting the members of his cabinet, who had just left.

Then he continued: “We’re going to need every single one of you to give us, as you always do, your absolute best.”

They applauded and cheered some more. Some yelled back: “You’ve got it.”

One longtime staffer nearby said he’d never seen anything like it. Not in all of his years.

And it might not be the only instance of a crowd forming to welcome a minister Friday.

On Facebook, a photo circulated of civil servants at another location waiting to greet Sajjan.

Source: Justin Trudeau joyfully mobbed by federal civil servants – Politics – CBC News

And Donald Savoie puts it into context:

Donald Savoie, a public administration expert at the University of Moncton, said public servants are gripped by “the euphoria” of working for a government that promises renewed respect.

He said many hope they are returning to their “days in the sun” when public servants worked on policy and were listened to. He likened it to when Pope John XXIII opened the Vatican and liberalized the Catholic Church.

As a result, bureaucrats’ heckling and cheering, and unions revelling in their political campaigns, may not be appropriate but isn’t unexpected.

“Don’t try to make sense of this. School’s out and people are beside themselves with joy,” Savoie said. “Stay tuned, it’s too fresh. Wait until things calm down in a few months.

“I wouldn’t get too worked up because what happened today doesn’t define the public service and its non-partisanship.”

Public servants shed cloak of impartiality – at least for the day

The Grits are back in charge, all’s right in Ottawa: Yakabuski

While there are elements of truth in Konrad Yakabuski’s piece (as I covered in Policy Arrogance or Innocent Bias: Resetting Citizenship and Multiculturalism), he over simplifies the reasons for the collective sigh of relief felt by the public service.

It is not driven by an incestuous ‘gene pool’ between Liberal politicians and public servants. It is more driven by education and related experience. We know from polling data that the university-educated are the group that supports the Conservatives the least (government policy analysts are all university-educated). And this support is driven more by small ‘l’ liberal values than big ‘L’ affiliation.

The sharper ideological edge of the Harper government compared to previous Conservative governments, along with a general distrust of evidence in favour of anecdotes and a general less inclusive approach, accentuated the tension between the government and public servants.

Greater alignment between the values of the Liberal government and the public service, along with the latter’s more inclusive approach and support for evidence-based policy, will make for a smoother relationship.

However, the public service needs to be more mindful of its own biases and values in its formulation of policy advice given that it will be less challenged than it was under the Conservatives:

Stephen Harper’s parting thank-you note to the bureaucrats – telling them in a Monday missive that he “will always be grateful for the support of Canada’s world-class public service” – was promptly used by its recipients to line the bird cages of the capital.

The civil servants are already banking on retrieving the sick days the Conservative government had tried to take away from them; the scientists are savouring the prospect of being free to speak out, even if it’s against government policy; the diplomats are yearning to show off a kinder, gentler foreign policy to a world that, Harper critics contend, has been wondering, “What happened to Canada?”

Among public servants, there is a natural preference for Liberal governance. It stems in part from previous long Liberal stints in power during which most of the senior bureaucracy moved up the ranks. In the tiny company town that is Ottawa, decades of intermarriage among bureaucrats, journalists, lobbyists and Parliament Hill staffers have left a gene pool that leans predominantly (L)iberal.

The Ottawa elites share a similar world view, one that squares with Prime Minister Justin Trudeau’s promise of activist government. They also share a bias, acknowledged or not, in favour of a government-driven economy. A bigger state and more regulation enhances the prestige, power and bank accounts of this cozy cohort of Ottawa insiders.

Mr. Harper was not the first outsider to see this. As a candidate for the Progressive Conservative leadership in 1983, Brian Mulroney vowed to hand out “pink slips and running shoes” to a bureaucracy he considered to be infested with Liberal sympathizers. But in Ottawa, he found he needed to get the bureaucracy onside to get anything done.

Though he purged Liberal appointees at government agencies and Crown corporations, Mr. Mulroney trusted, and in turn succeeded in winning the trust of, most of the senior bureaucrats he inherited. His one high-profile ouster of a senior mandarin (Ed Clark, an architect of Pierre Trudeau’s National Energy Program, who went on to become chief executive officer of TD Bank) was an exception to the rule.

Source: The Grits are back in charge, all’s right in Ottawa – The Globe and Mail