Dec 11, 2013

Manitoba Ombudsman has released a report about alleged partisan action in the Manitoba civil service.

In April 2012, an assistant deputy minister of Manitoba Immigration and Multiculturalism sent an email to numerous immigrant service agencies, with a letter attached, inviting recipients to attend the Manitoba legislature on April 19, 2012 to witness the provincial minister table a resolution concerning a federal government decision affecting the delivery of immigrant service programs in Manitoba.

Manitoba Ombudsman subsequently received a complaint under The Ombudsman Act from a member of the public concerning the need for civil servants to perform their duties in an impartial manner to maintain the public’s trust; a line the complainant believed the ADM had crossed.

“This was an important matter for the complainant, but also for civil servants,” noted Acting Ombudsman Mel Holley. “It raised a matter of public importance. Ensuring that civil servants remain neutral in carrying out their responsibilities is of great importance for the effective operation of government. Any real or perceived erosion of this impartiality can undermine public confidence in the administrative actions and advice of civil servants.”

While the ombudsman concluded that there was no personal or administrative misconduct that would amount to partisan action by the civil service in this situation, the distribution of the email gave rise to the perception of partisanship.  “This complaint brought the matter of civil service neutrality to the forefront,” said Holley.  “It also touched upon the relationship between elected officials and civil servants.”

Recognizing the importance of this matter we asked government to consider whether there might be any appropriate role for elected officials in working with civil servants to address situations like this where administrative actions could give rise to the perception of partisanship.

In response, the government advised that while primary responsibility to maintain political neutrality rests with civil servants, there is a role for elected officials and political staff to be mindful of the neutrality required of civil servants.

We were advised that  the clerk of Executive Council and the Civil Service Commissioner have agreed to work together to develop a set of guidelines for consideration by elected officials and political staff to assist them when developing directions or instructions to civil servants that avoid the potential for situations where administrative actions could result in the perception of partisanship. The Civil Service Commission has also agreed to create an implementation plan in consultation with each department to ensure that all civil service employees attend a "Working in Government: Values and Ethics in the Manitoba Civil Service" workshop. This workshop complements information in the Manitoba government's Values and Ethics Guide and an online employee orientation.

To read the report, please visit: http://www.ombudsman.mb.ca/documents_and_files/reports.html