chisinau 28/03/2008 discipline of civil servants, conflict of interest and ethics peter reinberg...

Chisinau 28/03/2008

Discipline of civil servants, conflict of interest and ethicsDiscipline of civil servants, conflict of interest and ethics

Peter REINBERGAustriaPeter REINBERGAustria

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Discipline of civil servants, Peter Reinberg, 28/03/2008

Introduction

Transparency International (TI) – Global Corruption Barometer• Austria 15th

Austrian federation – examples of corruption:• Austrian consular officials – grants for issuing visa• former head of the Federal Criminal Office (our FBI) – accused cabinet

members of partisan politics

political investigation comittee

3page


Introduction

Upper Austria – examples for corruption:• head of district administration and his secretary• head of guest house and three of her staff

All convicted by criminal courts

contractual public employees – dismissal possible

civil servants – transferred to other posts

disciplinary proceedings – independent disciplinary board

4page


Statutory rules in Austria

Penal Code

Abuse of power• up to 5 years imprisonment

Acceptance of gifts• in breach of duty – up to 3 years imprisonment• in accordance with duty – up to 1 year imprisonment• acceptance of gifts – without connexion to concrete official transaction (so-

called feeding)

5page



Civil Servants Act 1979

Acceptance of gifts• excepted are only small gifts of little value

Secondary occupation• forbidden when

- prevents from duties- suspicion of bias

(Im)partiality• To abstain from matters in which relatives are involved

6page



Offical secret

Civil servant and instructions:• may (=has to) refuse to observe an instruction

- from a position not competent or- if observance would violate criminal law

• regards the instruction as unlawful obliged to tell his objections to his superior

• HR authority decides whether the instruction is to observe or not

7page


Code of Conduct

UN Convention against CorruptionGRECO conventionFederal Government of Austria – government program 2007-2010Code of Conduct – working group• USA-Standards of Ethical Conduct for the Employees of the Executive

branch• Canada – Values and Ethics – Code for the Public Service• European Parliament – Guidelines for the duties of the civil servants and

employees• Germany – Guidelines for the prevention of corruption in the federal

administration• City of Vienna – A question of ethics – handbook for the prevention of

corruption

8page


Code of Conduct

code is neither law nor decree or regulationguideline, standard of good practice, "soft law"Values underlying the conduct of civil servants:• democracy• transparency• participation• quality• respect• diversity and non-discrimination• impartiality and integrity• accountability

9page


Code of Conduct

Critical points for conflicts of interest

Small gifts maintain a friendship• Recommendations

- make clear to your client- inform your superior- be careful against invitations

10page


Code of Conduct

Sponsoring in Public Administration• no sponsoring for core tasks• sponsoring must remain the exception• sponsoring must be transparent• clear contracts, receipts

Public Procurement• detailed national laws and rules• competitors have sufficient legal ways

11page


Code of Conduct

Secondary occupation• CS – neglects official duties• occupation – creates danger of bias• CS has to inform superiors and the HR department• Upper Austria: approval by HR in advance

Official secret vs. Transparency• conflicting interests• protection of personal data• contacts to the media• media secret privilege

12page


Implementation

Responsibility of leaders

• creating codes of conduct• training and supervising their collaborators• being role models themselves: verba movent, exepmla trahunt• giving clear competence by delegation• putting the right person in the right place• rotating officials in sensible positions

13page


Implementation

Violations of the Code of Conduct – measures• talk and admonition in lesser cases• interdiction of a secondary occupation• transfer to another post• disciplinary measures by the HR authority• disciplinary measures by the independent disciplinary board:

- appeal is possible to the independent superior disciplinary board• termination to the next possible term or immediate dismissal of a contractual

- appeal is possible to the labour and social courts• report to the Public Prosecutor

- disciplinary proceedings are interrupted• CS can be suspended or transferred

14page


Implementation

Internal and external control

• Internal review- central unity- review plans

• Courts of Auditors - Federal Court of Auditors- 9 Regional Courts of Auditors

15page


Implementation

Internal/external publication of the code • directed primarily to the civil servants• reflects to the general public• folder

General code/adaptations or appendices• 3-level-code

- Level 1 – concise preamble - folder- Level 2 – guidelines for the different chapters- Level 3 – voluminous annex

• style – shortlist similar to the 10 biblical orders

16page


Conclusion; Acknowledgements

Discipline and ethics – a permanent concern in public administrationsculture of honesty and transparency, of justice and integritysuperiors – good example

Working groupTIFrancisco Cardona

chisinau 28/03/2008 discipline of civil servants, conflict of interest and ethics peter reinberg...

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