Premier
With regard to the former Minister of Community Safety, Albert Fritz:
(1) (a) When did the former Minister withdraw the Head of Department’s delegated authority to appoint persons in the employ of the Department of Community Safety, (b) to whom did the former Minister delegate the authority to appoint persons in the employ of the Department of Community Safety, (c) what role did the former Minister’s Head of Ministry play in the appointment of persons in the employ of the Department of Community Safety and (d) what role did the Department of the Premier play in the amended delegations;
(2) whether the authority to employ persons in the Department of Social Development, during the period in which the former Minister was the Minister of Social Development, was delegated to the Head of the Department of Social Development; if not, why not; if so, what are the relevant details;
(3) whether any other Minister withdrew or withheld delegations from any other Head of Department to appoint persons in the employ of their departments; if so, (a) what are the relevant details and (b) why was this allowed;
(4) why did the Premier permit a Minister to withdraw these delegations;
(5) whether he has initiated an investigation into the role of any employees in the Department of Social Development in regard to the allegations of sexual misconduct against the former Minister while he was Minister of Social Development; if not, why not; if so, what are the relevant details?
[1 [a] The former Minister of Community Safety withdrew all recruitment, selection and appointment delegations from the Head of Department on 15 November 2019.
[b] The delegations for recruitment, selection and appointment were vested in the former Minister of Community Safety from 15 November 2019.
[c] The former Head of Ministry served on selection committees for posts on occasion.
[d] The Department of the Premier: Legal Services annually verifies departments’ Human Resource Delegations for legal soundness for purposes of compliance with Paragraph 5.3.11 of the Directive of Public Administration and Management Delegations. However, the scope of this annual verification process does not include the levels of delegation as determined by the Executive Authorities, in whom the power is vested to determine the levels of delegation.
[2] The power to employ persons on salary levels 1-8 was delegated to the Head of Department.
[3] [a I am informed that former Minister of Social Development, Minister De Lille, pulled up all appointment delegations after she took office in 2010. The Ministers that followed her re-instated some of the delegations. Minister Fernandez has sustained the delegations as she received them from her predecessor.
[4 In terms of the Public Service Act, the power to delegate is vested in each relevant Executive Authority. The Public Service Act does not contemplate any role for the Premier in respect of such delegations and he/she is not required nor envisaged to permit or approve the delegations.
[5] I am informed by Employee Relations that no DSD staff members have laid allegations of sexual misconduct against the former minister pertaining to the time of his tenure as the Minister of Social Development. Therefore, no investigation has been required to date.
