Human Resource And Local Board PDF

POS 412 HUMAN RESOURCE AND LOCAL BOARD  HUMAN RESOURCE AND DEVELOPMENT HRD MUNICIPAL CORPORATIONS Human Resource Departments Municipal Corporations, as local (HRD) are responsible for...

POS 412 HUMAN RESOURCE AND LOCAL BOARD  HUMAN RESOURCE AND DEVELOPMENT HRD MUNICIPAL CORPORATIONS Human Resource Departments Municipal Corporations, as local (HRD) are responsible for government bodies, responsible for managing the recruitment, managing urban areas with large training and development of populations. Their key functions include providing basic services like water employees to ensure the supply, waste management, urban smooth functioning of the city’s planning, health, and infrastructure services. development.  DEPARTMENTS AND OFFICES UNDER MUNICIPAL CORPORATIONS HRD Water Supply & Sewerage Finance and Accounting Department Department Social Welfare Department Public Health & Sanitation Education Department Department Public Safety & Disaster Risk Public Works & Engineering Reduction Department Department Legal Department  STRUCTURE OF LOCAL GOVERNMENT UNITS (LGUS) Main Structural Units: Department: Highest unit, led by a Department Head. Division: Middle unit, comprises sections, led by a Division Chief. Section: Lowest unit, tasks grouped by function, led by a Section Chief.  STAFFING IN LGUS Creation of Positions: Mandatory positions filled before optional ones. Must have a corresponding approved budget. Budget Constraints: Personnel services must not exceed limits set by RA 7160 (Local Government Code of 1991). Appointment Procedures: Department heads appointed by local chief executive with Sanggunian concurrence.  APPOINTMENT OF LOCAL OFFICIALS AND EMPLOYEES APPOINTING AUTHORITY Section 77. Responsibility for Human Resources and Development. - The chief executive of every local government unit shall be responsible for human resources and development in his unit and shall take all personnel actions in accordance with the Constitutional provisions on civil service, pertinent laws, and rules and regulations thereon, including such policies, guidelines and standards as the Civil Service Commission may establish. Budgetary Constraints According to R.A. No. 7160, LGUs cannot create additional positions beyond budgetary ceilings unless financial conditions improve. Only under specific legal provisions can exceptions be made.  APPOINTMENT OF LOCAL OFFICIALS AND EMPLOYEES SALARY GRADE The salary grade of such heads of departments or offices shall be determined by the sanggunian concerned; Provided, that such compensation shall be based upon the pertinent provisions of R.A. No. 6758,21 as amended by existing law. Provided, further, that it shall not be higher than the compensation of elective local officials except for positions allowed under the DBM Index of Occupational Services for LGUs. QUALIFICATIONS REQUIREMENTS The qualification requirements provided for in R.A. No. 7160 or special laws for local appointive positions shall be applied. The qualification standards (QS) approved by the CSC (CSC QS Manual or LGU-specific QS) shall be applied for other positions. No substitution for deficiency in the education, training, and/or experience requirements shall be allowed.  APPOINTMENT OF LOCAL OFFICIALS AND EMPLOYEES TERM OF APPOINTMENT Positions such as Administrator, Information Officer, and Legal Officer (rank of department head) are coterminous with the appointing local chief executive. Exceptions exist based on the LGU Charter, established post R.A. No. 7160. Appointments must reflect both the generic position title and the parenthetical title, as outlined in the DBM Local Budget Circular No. 137 (CY 2021 Edition) on the “Index of Occupational Services, Position Titles and Salary Grades in the Local Government (IOS-LGU). This ensures clarity in determining qualification standards and the duties and functions of the position.  QUALIFICATIONS AND POSITION TITLES Qualification Standards: Set by RA 7160 and Civil Service Commission (CSC). No substitution for education, training, or experience. Position Titles and Descriptions: Follow the "IOS-LGU CY 2021 Edition" by DBM. Parenthetical titles clarify specific duties and standards.  CSC VS CORTES (2014) FACTS Maricelle M. Cortes was appointed to the position of Information Officer V (IO V) by the Commission on Human Rights (CHR) En Banc on February 19, 2008. Her father, Commissioner Eligio P. Mallari, was part of the Commission En Banc, though he abstained from voting on her appointment. The CHR sought the opinion of its legal division regarding the legality of the appointment. The CHR’s Legal Division opined that the appointment was not covered by the rule on nepotism, as the appointing authority was the Commission En Banc, a separate entity from its individual members. However, the Civil Service Commission-NCR (CSC-NCR) found the appointment invalid due to nepotism, as Commissioner Mallari, despite abstaining, was still part of the appointing authority. Cortes appealed to the Civil Service Commission (CSC), which upheld the finding of nepotism. Consequently, her appointment was invalidated, and she was dismissed from service. JAMES POGI  CSC VS CORTES (2014) FACTS Cortes appealed to the Court of Appeals (CA), which ruled in her favor, declaring that her appointment was not covered by the prohibition on nepotism and ordering her reinstatement. The CSC then appealed to the Supreme Court (SC).  CSC VS CORTES (2014) ISSUES Whether the appointment of Maricelle M. Cortes by the CHR En Banc, where her father is a member, is covered by the prohibition against nepotism. RULING The Supreme Court ruled in favor of the Civil Service Commission and reinstated the invalidation of Maricelle M. Cortes' appointment on the grounds of nepotism.  CSC VS CORTES (2014) RULING Nepotism: The Court held that Section 59 of the Administrative Code defines nepotism as an appointment made in favor of a relative within the third civil degree of consanguinity or affinity of the appointing authority, recommending authority, chief of bureau, or person exercising immediate supervision over the appointee. Maricelle Cortes, as the daughter of Commissioner Mallari, is within the first degree of consanguinity. The appointment of Cortes was therefore covered by the rule on nepotism, despite Mallari’s abstention, as the Commission En Banc is composed of natural persons, including her father. Commission En Banc as Appointing Authority: The Court rejected the argument that the CHR En Banc, being a collective body, is distinct from its individual members. The prohibition on nepotism is intended to prevent conflicts of interest and ensure impartiality in appointments. To argue that the prohibition applies only to individual appointments and not to group decisions would defeat the purpose of the rule. The presence of Commissioner Mallari during the deliberation on his daughter's appointment created a perception of bias, even if he did not participate in the vote.  CSC VS CORTES (2014) RULING Effect of Abstention: Commissioner Mallari’s abstention from voting did not eliminate the nepotistic character of the appointment, as the rule on nepotism is intended to prevent any influence that a relative may have on the decision- making process, regardless of formal participation in the vote. CONCLUSION The Supreme Court reversed the Court of Appeals’ decision, declaring that the appointment of Maricelle M. Cortes was invalid due to nepotism. The CSC’s resolution affirming the invalidation of her appointment was reinstated.  PROHIBITIONS IN HUMAN RESOURCE AND LOCAL BOARD NEPOTISM CONFLICT OF INTEREST PARTISAN ACTIVITIES  NEPOTISM ADMINISTRATIVE CODE OF 1987, BOOK V, TITLE I, SUBTITLE A, CHAPTER 8, SECTION 59 “All appointments in the national, provincial, city and municipal governments or in any branch or instrumentality thereof, including government-owned or controlled corporations, made in favor of a relative of the appointing or recommending authority, or of the chief of the bureau or office, or of the persons exercising immediate supervision over him, are hereby prohibited.” Republic Act No. 6713, Section 4 Public officials and employees shall perform and discharge their duties with the highest degree of excellence, professionalism, intelligence and skill. They shall enter public service with utmost devotion and dedication to duty. They shall endeavor to discourage wrong perceptions of their roles as dispensers or peddlers of undue patronage.  CONFLICT OF INTEREST REPUBLIC ACT NO. 6713, SECTION 7 Public officials and employees shall not, directly or indirectly, have any financial or material interest in any transaction requiring the approval of their office. Republic Act No. 3019, Section 3(h) (Anti-Graft and Corrupt Practices Act) Directly or indirectly having financial or pecuniary interest in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest. Republic Act No. 6713, Section 8 Public officials and employees have an obligation to accomplish and submit declarations under oath of, and the public has the right to know, their assets, liabilities, net worth and financial and business interests  PARTISAN ACTIVITIES OMNIBUS ELECTION CODE. SECTION 261(I) Any officer or employee in the civil service, except those holding political offices; any officer, employee, or member or the Armed Forces of the Philippines, or any police force, special forces, home defense forces, barangay self-defense units and all other para-military units that now exist or which may hereafter be organized who, directly or indirectly, intervenes in any election campaign or engages in any partisan political activity, except to vote or to preserve public order, if he is a peace officer. Civil Service Commission, Memorandum Circular No. 30, s. 2009 SUBJECT: Reminder to all Govenment Officials and Employees Holding Non-Political Offices/Position of the Prohibition from Engaging Directly or Indirectly in Any Partisan Political Activity Disciplinary Jurisdiction Suspension  The Local Government Code of 1991 (Republic Act No. 7160) grants local chief executives, such as governors, mayors, and barangay captains, the authority to discipline personnel under their jurisdiction. Suspensions (temporary removal from office or duty), Dismissals (termination from service), Demotions (lowering rank or salary grade). The local chief executive acts as the primary authority in handling administrative cases against local government employees. However, the disciplinary actions are governed by the rules set out by the Civil Service Commission (CSC), which ensures that due process and the rule of law are observed in all disciplinary cases. Just cause exists for any disciplinary action. Employees are afforded their rights to a fair investigation and defense. Local executives have limitations to their disciplinary powers.  GROUNDS FOR DISCIPLINARY ACTION 01 Dishonesty 02 Gross Misconduct 03 Insubordination  GROUNDS FOR DISCIPLINARY ACTION 04 Inefficiency in Performing Duties 05 Conduct Prejudicial to the Best Interest of the Service  PROCEDURE FOR DISCIPLINARY ACTIONS 01 Filing a Complaint 02 Preliminary Investigation 03 Issuance of a Formal Charge 04 Formal Investigation and Decision  PREVENTIVE SUSPENSION One significant disciplinary tool is preventive suspension. This is a temporary removal from duty that is not considered a penalty. Its purpose is to prevent the employee from influencing the investigation, tampering with evidence, or intimidating witnesses. However, the rules for preventive suspension are stringent. It can last for up to 90 days. If the investigation is not completed within that time, the employee must be reinstated to avoid undue punishment before the resolution of the case. Preventive suspensions are common when dealing with more serious offenses like corruption or gross misconduct. The local chief executive or disciplinary authority determines if the conditions justify such a suspension.  PENALTIES IMPOSED AFTER DISCIPLINARY ACTIONS 01 Reprimand 02 Suspension 03 Demotion 04 Dismissal  APPEAL MECHANISMS Civil Service Commission: Appeals related to procedural errors or inappropriate sanctions. The CSC ensures that civil service rules are followed and that employees receive fair treatment. Office of the Ombudsman: Handles appeals involving cases of graft, corruption, or misconduct involving public officials.  ROLE OF THE HUMAN RESOURCE DEVELOPMENT OFFICE (HRDO) Assisting in the preparation of administrative cases. Ensuring compliance with civil service rules during the disciplinary process. Conducting seminars and training on ethical standards, anti-corruption laws, and administrative discipline for LGU employees. Serving as the liaison between the local chief executive, the employee, and external agencies like the CSC.  DE RAMA V. CA (2011) FACTS Upon assuming office as Mayor of Pagbilao, Quezon, Conrado L. de Rama requested the CSC to recall the appointments of 14 municipal employees. De Rama argued these were "midnight appointments" made by former Mayor Ma. Evelyn S. Abeja, violating Article VII, Section 15 of the 1987 Constitution, which prohibits the President from making appointments two months before the next presidential elections. The CSC denied de Rama's request, stating that the constitutional prohibition only applies to presidential appointments and not local elective officials. The CSC also upheld the appointments' validity as they were approved by the CSC Field Office and de Rama failed to provide evidence justifying their revocation.  DE RAMA V. CA (2011) FACTS De Rama appealed to the Court of Appeals, which also denied his petition, finding no abuse of appointment power by the outgoing mayor. De Rama filed a motion for reconsideration, alleging defects in the appointment process, including lack of proper screening, vacancy posting, and merit and fitness requirement observance. The Court of Appeals denied the motion. De Rama then filed a petition for review on certiorari with the Supreme Court, arguing the CSC and Court of Appeals erred in their findings.  DE RAMA V. CA (2011) ISSUES Whether the constitutional prohibition on "midnight appointments" applies to local elective officials. Whether the CSC erred in upholding the appointments despite allegations of procedural irregularities. Whether the Court of Appeals erred in dismissing de Rama's supplemental pleading which raised new factual issues.  DE RAMA V. CA (2011) RULING The Supreme Court denied the petition for review and affirmed the Court of Appeals' resolution. The Court held that the constitutional prohibition on "midnight appointments" applies only to the President and not to local elective officials. The Court found that de Rama failed to raise the issue of procedural irregularities in his initial appeal to the CSC and only brought them up in a supplemental pleading filed later. The Court stated that new factual issues cannot be raised for the first time on appeal.  DE RAMA V. CA (2011) RULING The Court determined that the CSC and Court of Appeals did not err in refusing to consider the supplemental pleading as it did not present "new evidence" but rather old facts and issues not raised earlier. Dissenting Opinion Justice Mendoza dissented, arguing that the principle against "midnight appointments" should apply to all appointing authorities, including local executives. He believed that such appointments, made hastily without due deliberation, violate the principle of public office as a public trust.  KEY TAKEAWAYS The constitutional prohibition on "midnight appointments" applies only to the President of the Philippines. New factual issues cannot be raised for the first time on appeal. The CSC has the authority to recall appointments if they violate civil service laws and regulations. An appointment takes effect immediately upon issuance and cannot be unilaterally revoked by the appointing authority unless disapproved by the CSC.  LOCAL SCHOOL BOARDS Foundation of LSBs: Established by the Local Government Code of 1991, LSBs are crucial for managing local education. Policy Development: LSBs are responsible for drafting rules and regulations that govern public schools, ensuring adherence to federal education guidelines. Budget Management: They create and approve annual budgets, allocating resources for essential materials and teacher training to support quality education. School Development Plans: LSBs develop tailored plans to address local school challenges, aligning educational strategies with community needs. Performance Monitoring: They assess the quality of instruction and school performance, promoting accountability and ongoing improvement in the educational system.  LOCAL SCHOOL BOARDS Community Engagement: LSBs facilitate participation from parents, educators, and community members, fostering collaboration to enhance student success. Diverse Representation: The boards include various stakeholders—local government officials, school administrators, community organization members, and teachers— ensuring comprehensive decision-making. Role in Educational System: LSBs act as a bridge between local government and education, empowering communities and contributing to the overall effectiveness of the educational system.  LOCAL HEALTH BOARDS Mandate and Structure: Local health boards are established under Section 102 of the Local Government Code of 1991 (RA 7160) for governance at provincial, city, and municipal levels. Composition varies: Provincial: Governor (Chair), Provincial Health Officer (Vice-Chair), health committee chair, private sector/NGO representative, and DOH representative. City and Municipal: Similar structure with respective mayors and health officers. Primary Responsibilities: Propose annual budget allocations for local health facilities and services in line with Department of Health standards. Serve as advisory committees to the Sanggunian on health matters and local appropriations for public health initiatives. Collaboration and Community Involvement: Local health boards facilitate collaboration among various stakeholders, including local government units, health agencies, NGOs, and the community. Encourage community participation in health initiatives to ensure that services meet local needs. Operational Support: Empowered to form committees for various operational aspects such as personnel selection, budget reviews, grievance resolution, and service evaluations. Ensure adherence to technical and administrative standards set by the Department of Health. Impact on Health Services: Integral to the management and improvement of health services, enabling effective and efficient responses to local health needs. Foster a holistic approach to health governance through collaborative efforts, enhancing overall community health outcomes. LOCAL DEVELOPMENT COUNCILS  LOCAL PEACE AND ORDER COUNCILS National peace and order council Regional peace and order counci Provincial peace and order council Municipal peace and order council  STRUCTURE/COMPOSITION National Peace and Order Council (NPOC) The National Peace and Order Council (NPOC) is composed of high-ranking officials responsible for shaping the country’s policies related to national security. While the NPOC mirrors the composition of the National Security Council (NSC), the chairmanship differs. The President of the Philippines heads the NSC, while the Secretary of the Interior and Local Government (SILG) chairs the NPOC. The members of both councils are composed of key cabinet members and top-level officials, including:  STRUCTURE/COMPOSITION The SILG The Director-General of the National Security Council The Executive Secretary The Secretary of Foreign Affairs The Secretary of National Defense (SND) The Secretary of Justice The Press Secretary The Chairman of the Dangerous Drugs Board The Presidential Adviser on the Peace Process The Director-General, Presidential Management Staff The Director-General, Philippine Information Agency The Chairperson of the Presidential Anti-Graft Commission The Chief of Staff of the Armed Forces of the Philippines (CSAFP) The Chief of the Philippine National Police (PNP) The Director of the National Bureau of Investigation Three (3) representatives from the private sector who shall be appointed by the President of the Philippines.  STRUCTURE/COMPOSITION The Regional Peace and Order Council (RPOC) shall be composed of the region's Provincial Governors, the Mayors of the Highly Urbanized Cities, the Presidents of the Leagues of Municipalities, the regional counterparts of the departments, offices and agencies enumerated in paragraph (a) above, wherever applicable, with the Chairman and Vice-Chairman to be appointed by the SILG with the approval of the President of the Philippines from among the members of the Council. In addition, there shall be one representative of the Mayors of the Component Cities to be chosen from among themselves. The Chairman of the RPOC shall appoint the three (3) representatives of the private sector, upon consultation with the members of the Council and with the approval of the SILG. The regional counterpart of the CSAFP shall be the Commander of the Infantry Division. Departments, offices and agencies with no regional and/or field offices shall not sit in the RPOC.  STRUCTURE/COMPOSITION The Provincial Peace and Order Council (PPOC) shall be composed of the provincial counterparts of the departments, offices and agencies as enumerated in paragraph (a) above, wherever applicable, with the Provincial Governor as Chairman and the Vice Governor as Vice Chairman. In additional there shall be one representative of the Sangguniang Lalawigan to be chosen by it from among its members. The Chairman of the PPOC shall appoint the three (3) representatives of the private sector, upon consultation with the members of the Council and with the approval of the Commander of the Infantry Division and the Regional Director of the PNP. The provincial counterpart of the CSAFP shall be the Brigade Commander or, in the case of Palawan, the Commander of the Western Command. Departments, offices and agencies with no provincial and/or field offices shall not sit in the PPOC.  STRUCTURE/COMPOSITION The City or Municipal Peace and Order Council (CPOC or MPOC) shall be composed of the city or municipal counterparts of the departments, offices and agencies as enumerated in paragraph (a) above, wherever applicable, with the Mayor as Chairman and the Vice Mayor as Vice Chairman. In addition, there shall be one representative or the Sangguniang Panlungsod or Sangguniang Bayan, as the case may be, to be chosen by the said Sanggunian from among its members. The Chairman of the CPOC or MCOP shall appoint the three (3) representatives from the private sector, upon consultation with the members of the Council and with the approval of the Brigade Commander or, in the case of Palawan, the Commander of the Western Command, and the Regional Director of the PNP. Departments, offices and agencies with no city, municipal, and/or field offices shall not sit in the CPOC or MPOC.  FUNCTIONS OF NPOC To contribute to the strategies of the National Security Council that would effectively respond to peace and order problems; To coordinate and monitor peace and order plans; To provide a forum for inter-disciplinary dialogue and deliberation of major issues and problems affecting peace and order; To perform such other duties and functions as the President may direct.  FUNCTIONS OF SUB-NATIONAL COUNCILS (RPOC, RPOC, CPOC, MPOC) Provide a forum for dialogue and deliberation of major issues and problems affecting peace and order, including insurgency; Recommend measures which will improve or enhance peace and order and public safety in their respective areas of responsibility, including anti-insurgency measures; Initiate and/or oversee the convergence and the orchestration of internal security operations efforts of civil authorities and agencies, military and police; Apply moral suasion to and/or recommend sanctions against local chief executives who are giving material and political support to the Communist rebels; Monitor the provision of livelihood and infrastructure development programs and projects in the remote rural and indigenous population areas adopted to isolate them from the Communist rebels' "Agitate/Arouse, Organize and Mobilize" and ideological, political and organization works; Perform all other functions assigned by law, the President or the NPOC. THANK YOU