(Part 1)
The administration of nations is complex; dynamic on the basis that the country's existence is infinitum. In this context, government is permanent, lasting as long as history would recall or as political circumstances may unfold. However, the various policies, rules and practices change as time dictates as well as the indexes of socio-cultural, economic, political and natural environment changes. Such changes are envisioned but unpredictable as to time, and inevitable, however, must correspond and transcend the need of human existence to achieve higher goals of life.
Surprisingly, in contradiction however, all nations are governed by Presidents/Prime Ministers/Commander-In-Chiefs (revolutionary minded for successful coup-plotters) who are always politically motivated to pursue programs and policies, make appointments and personnel changes according to political inclination or to accommodate party loyalty, notwithstanding the political rhetoric of pledging for nation building and reconciliation on the assumption of office.
In order to balance and deepen the continuity of well-placed and streamlined approach to governance, the Bahamas constitution, under chapter VIII, part 1, section 107 (1) of the Bahamas constitutions establishes the Public Service Commission; – as an inevitable and necessary mechanism to shield the core workings of the government department and agencies from political/party influences and manipulations. This provision thus guaranteed the independence of the Public Service Commission from political decisions that would hamper the sustainability of public service structures.
Consequently, the Public Service Commission must be competent, non-partisan and representatives in dealing with all matters within its jurisdiction. What are the matters within the jurisdiction of the Public Service Commission? The relevant Section 108 states that "Subject to the provisions of this Constitution power to make appointments to public offices and to remove and to exercise disciplinary control over persons holding or acting in such offices is hereby vested in the Governor-General, acting in accordance with the advice of the Public Service Commission."
Relying on the constitution, the Commission's principal jurisdiction is limited to the strategic management of the entire public service human resources in terms of appointment, termination, promotion/demotion, staff appraisal, transfer, etc., except for positions not classified as public offices as outlined in section 127 of the constitution. These functions are supposed to be performed in collaboration or in conjunction with the different government departments/agencies where employees are assigned. The independence of the Public Service Commission should be seen as an attempt to isolate the impact to the public service resulting from political insinuations, mischief and recriminations.
The independence should not be such that would impede the ordered development of the public service human resources and efficient public services system, thus running counter to the goals of the establishment of the Public Service Commission. As a matter of fact, the independence of the Commission should not have been constitutional, rather guaranteed by parliamentary enactment or through government operations.
It is my view that the need for the Public Service Commission as an integral part of governance is the need for uniformity across government ministries/departments/ agencies on staff matters. The Commission needs to understand this and work in that direction. There should be a symbiosis relationship between the Commission and other government departments in terms of productivity and output recognition.
There is need for reform of the public service commission. But first, the government must address the constitutionality provisions regarding the Commission's status. The independence to allow for impartiality and objectivity can as well be achieved if the Commission is subject to parliamentary laws and government operating principles comparable to the Central Bank of The Bahamas. This would allow for more accountability and transparency towards effectively serving the government and the general public. Hence, a referendum or an Act of Parliament should be caused to remove the Commission from the Constitution and make them accountable to parliament and the general public.
The current structure of the Public Service Commission does not support the flexibility required to provide efficiently and co-ordinated services in our modern-day advanced technological and innovative society. The Commission must work in coordination with other government departments/agencies towards service provisions to the general public. The Commission must rely on the expertise of other government departments/agencies. It must not become a commission unto itself, usurping the functions of other agencies/departments in granting or rejecting positions already approved or accepted by other departments/agencies. The Commission should be careful in discharging its duties to avoid being entangled in lawsuits that would embarrass the government and the functionality of the Commission.
It must respect and recognise the judgment and recommendation of other government departments/agencies. The principal framework by which the Commission should operate is that of shared responsibility, in terms of the relationships between different parts of the organisation, and the processes used to ensure accountability and measured progress towards objective outcomes of the public's needs and expectations.
Hence, Prime Minister The Hon. Perry Christie, the Minister of Education and Attorney-General The Hon. Alfred Sears, the Minister of Foreign Affairs and Public Service, The Hon. Fred Mitchell and the President of the Bahamas Public Services Union, Mr. John Pinder, must work towards the reformation of the entire Public Service Commission.
They must investigate and identify the various mal-practices at the Public Service Commission to make it more supportive to our existing government structure. The Public Service Commission must work in line with the Ministry of Public Service charged with the responsibility of formulating polices in relation to all government employees including staff at the Public Service Commission. Our public service systems and structures must become more proactive, efficient and committed to the upliftment and economic growth of the country.
Dr. Kevin Alcena
