Implementation of the Assessment of Employees and Services and Control Methods (GR0038)

Context Law 4369/2016 introduces a new assessment system. The previous assessment system (Presidential Decree 318/1992, as amended by Law 4250/2014, was implemented until 2013, in application of the provisions of Law 4281/2014. From 2014 onwards, there is no system for the assessment of civil servants, as the institutional assessment framework introduced in 2013, by amending the provisions of P.D. 318/1992, was of a transitional nature and was valid exclusively for the year of assessment 2013. The lack of an assessment system in the following years gave rise to difficulties as regards changes to the service status of staff and the overall functioning of public administration. Commitment Description Implementation of an objective and merit-based assessment system that places emphasis on inclusiveness, accountability and social dialogue and aims to link the assessment of employees, the assessment of the functioning of public services and the achievement of objectives both at individual level and service level. A Directorate of Monitoring and Statistical Analysis of the Assessment Scores is established by virtue of the provisions of paragraph 15 of Article 16 of Law 4369/2016 in order to monitor and manage statistical data in view of evaluating and monitoring any systematic appearance of extreme values in the results of the assessment and to prepare the relevant reports. The provisions of article 23 of law 4369/2016 introduce the «Plenaries of Directorates and Departments», as advisory bodies to the administration, bringing together all employees of the corresponding organisational unit in view of assessing the course of implementation of each one. Plenaries shall meet at regular intervals and mandatorily where there are remarks from Independent Authorities or Control Mechanisms or references to citizens’ complaints. Finally, they approve the assessment reports of the work produced on an annual basis. Article 24 of law 4369/2016 introduces: - Hearings of Social Organisations and Citizens with a view to improving the functioning and the quality of services and the creation of a Hearing Committee in all Ministries - Social control through surveys (online and offline) with which citizens assess the public services they have used - Public Administration Observatory which has the task of the scientific monitoring of the administrative functioning and coordination of the assessment and social control of the public administration - Working groups at a central level that prepare assessment reports based on the system for surveying the satisfaction of citizens which are submitted to the competent Minister and the Public Administration Observatory. OGP Values Accountability, Participation, Access to information, Technology and Innovation for openness and accountability Implementing bodies: Ministry of the Interior and Administrative Reconstruction Ministries and other entities of the public administration National Centre for Public Administration and Local Government Entities involved: Public administration Citizens Social actors Working groups Objectives: The implementation of an assessment system of employees and services, which comprises procedures of control and participation of the personnel of the public administration, the social actors and citizens, with the aim of transparency, meritocracy and maximising the efficiency and effectiveness of public administration. Means for the implementation: Issuance of the Ministerial Decisions provided for under law 4369/2016 regarding: o assessment forms, o determination of details regarding the organisation and functioning of the Directorate of Monitoring and Statistical Analysis of the Assessment Scores. Circular regarding the correct and uniform application of the provisions on assessment Seminars for the information of public services Creation of working groups Establishment and Operation of the Public Administration Observatory (control - monitoring) Online (and offline) surveys for citizen satisfaction

Commitment 7, 8 and 9: Managerial recruitment

Commitment 7. National Register of Line Managers of the Public Administration

Application of a modern and innovative system for the selection of line managers regarding posts of high responsibility lying at the top of the administrative hierarchy, both in the public and the wider public sector. Τhe Register aims at depoliticizing the public administration, establishing objective and merit-based methods for the selection of these managers from the public administration and the private sector, as necessary conditions for the smooth operation of the public administration and the widening of its reliability towards the society and the citizens.

Responsible Institution(s): Ministry of the Interior and Administrative Reconstruction; Ministries and other entities of the public administration, National Centre for Public Administration and Local Government, Supreme Council for Personnel Selection, Government Council for Reform of the Public Administration, public law entities and local government agencies, Cabinet of Ministers, Ministry of Finance

Start Date:  July 2016 End Date: June 2018

Commitment 8. Implementation of the assessment of employees and services and control methods

Implementation of an objective and merit-based assessment system that places emphasis on inclusiveness, accountability and social dialogue and aims to link the assessment of employees, the assessment of the functioning of public services and the achievement of objectives both at individual level and service level.

Responsible Institution(s): Ministry of the Interior and Administrative Reconstruction; Ministries and other entities of the public administration, National Centre for Public Administration and Local Government

Start Date:  July 2016 End Date: June 2017

Commitment 9. Implementation of a System for the Selection of Managers

Application of a modern innovative system for the selection of Heads of organizational units, which calls for the utilization of human resources of the public administration depending on their qualifications and skills, with a view to increase efficiency in the functioning of the public administration and the satisfaction of citizens. Furthermore, the publication of vacancy notices for the posts of Heads of the organizational units shall contribute to the consolidation of citizens’ trust in public administration.

Ministry of the Interior and Administrative Reconstruction Ministries and other entities of the public administration, the employees of which fall in the scope of the Code of Civil Servants and the Code of Regulations on the status of municipal and communal employees.

Responsible Institution(s): National Centre for Public Administration and Local Government; National Centre for Public Administration and Local Government Supreme Council for Personnel Selection (ASEP)

Start Date:  July 2016 End Date: June 2018

Editorial Note: The action plan text has been abridged by the IRM. For the complete version, please see https://www.opengovpartnership.org/documents/greece-national-action-plan-2016-2018/

Commitment Aim:

Pursuant to Law 4369/16 this set of commitments aimed to depoliticize the Greek public administration and free it from practices of favoritism and clientelism.^{[Note 77: Kathimerini, “The Clientalistic State brought the Memorandums” (in Greek), http://www.kathimerini.gr/871010/article/epikairothta/politikh/to-pelateiako-kratos-efere-ta-mnhmonia]} To achieve the goal of depoliticizing public administration the government set out to standardize the selection processes for public managers and establish meritocratic assessment of public employees. More specifically:

• Commitment 7 aims to establish a national register of line managers for the public administration in which all candidates must register before submitting their applications for a managerial call.
• Commitment 8 aims to establish a meritocratic system for assessing public employees and services. Mechanisms such as a hearing committee and the public observatory add participatory elements to the assessment process already mandated by Law 4369/2016.
• Commitment 9 aims to improve the process of selecting managers across the public administration and heads of organizational units within all public agencies. Vacancies of new positions will be posted. However, the commitment aims remain limited in scope because the application process is open only to people who already work for the public administration.

Status

Commitment 7. National register of line managers of the public administration

Midterm: Substantial

This commitment has been substantially completed during the midpoint of the action plan cycle. The website of the national registry of line managers was available with guidance on how prospective candidates fill application forms.^{[Note 78: ASEP - National Registry for Public Sector Managers (in Greek), https://goo.gl/e2iSfq]} Also, the Special Administrative Selection Board (ESDP) was established with the mandate to select candidates. However, the selection of sectoral and special secretaries was pending, and public administration officials^{[Note 79: MAR written response to IRM researchers’ questions (in Greek), 23 September 2017, https://drive.google.com/file/d/0B2uhxfYzE1dgWXQyQUlDSmxDYjZxM3JsRTVzUkduWWNaZlc0/view]} expected it to occur by the end of December 2017. According to an expert representing Transparency International Greece, the more transparent the registry is the more it will be able to repair the current, broken selection system.^{[Note 80: Response from Transparency International Greece to IRM researchers’ questions, 20 November 2017.]} Although the original commitment text did not include a public-facing element, interested parties such as citizens and civil society do have the ability to openly access and search some of the national registry data. For more information, please see the 2016-2018 midterm IRM report on the Greek action plan.^{[Note 81: OGP, “Independent Reporting Mechanism (IRM) Progress Report 2016–2018: Greece”, https://www.opengovpartnership.org/documents/greece-mid-term-report-2016-2018-public-comment]}

End of term: Substantial

The commitment showed incremental progress since the midterm assessment. More than 7,000 candidates submitted applications to the national registry website for the 69 posts of secretaries-general in the government ministries.^{[Note 82: E-Dimosio, “7000 applications for 60 General Secretary positions” (in Greek), https://www.e-dimosio.gr/dimosio/136718/7-000-etisis-gia-69-thesis-genikon-grammateon/]} According to the point of contact, 115 candidates fulfill the criteria.^{[Note 83: Nancy Routzouni, national point of contact, response to IRM researcher questionnaire, September 2018.]} The ESDP has already convened, defined the selection procedure and was expected to start releasing selection results after 15 June 2018. However, at the time of writing this report, the final selection was still pending. The main opposition party in Greece, New Democracy, expressed serious concerns that the selection process was arranged to favor specific candidates that had close ties to the government and that no meritocratic selection was taking place.^{[Note 84: Kathimerini, “Tight Framework for the selection of General Secretaries is requested by the Troika”, http://www.kathimerini.gr/966173/article/oikonomia/ellhnikh-oikonomia/sfixto-plaisio-gia-thn-epilogh-twn-genikwn-grammatewn-sto-dhmosio-8etei-h-troika]} At a meeting with the Minister of Administrative Reconstruction, Greece's lenders requested a study carried out by Expertise France to examine the announcements for the disputed positions so that notices that were found to be problematic would be canceled. As a result, 22 posts were to be re-announced.^{[Note 85: Aftodioikisi, “Bad practices in selecting General Secretaries”, Local Administration News (in Greek), https://www.aftodioikisi.gr/ipourgeia/paradochi-gerovasili-kakes-praktikes-stin-epilogi-genikon-grammateon-xana-ypopsifia-periferiarchis/ ]}

Commitment 8. Implementation of the assessment of employees and services and control methods

Midterm: Limited

The implementation of this commitment was limited during midterm evaluation. The government fulfilled only some introductory steps, such as the definition of the content of the assessment forms by a ministerial decision.^{[Note 86: The ministerial decision (in Greek), http://www.minadmin.gov.gr/wp-content/uploads/20170928_egyklios.pdf]} However, milestones such as the assessment goals, the hearing committee and the public administration observatory were pending. Civil servants were strongly opposed to their planned assessment by organizing general strikes that caused further delays in the process. For more information, please see the 2016-2018 midterm IRM report on the Greek action plan.^{[Note 87: OGP, “Independent Reporting Mechanism (IRM) Progress Report 2016–2018: Greece”, https://www.opengovpartnership.org/documents/greece-mid-term-report-2016-2018-public-comment]}

End of term: Limited

The government implemented some technical prerequisites for the electronic assessment of employees and conducted the following actions: a) in early May 2018 the government amended Law 4369/2016 and included changes that mandated the electronic evaluation of civil servants through a dedicated platform which is part of the Greek Public Register of Human Resources;^{[Note 88: Amendment of provisions of Law 4369/2016 on the electronic evaluation of personnel, MAR website (in Greek), http://www.minadmin.gov.gr/?p=28935]} b) The Ministry of Administrative Reconstruction (MAR) issued guidelines in a video explaining how the electronic platform works;^{[Note 89: A presentation of the Electronic Assessment Platform (in Greek), https://www.youtube.com/watch?time_continue=6&v=miCGBFFtbL0]} c) a decision from the Minister of Administrative Reconstruction specified the period and the individual phases of the evaluation; d) the Ministerial Decision also defined the form and content of the anonymous evaluation questionnaire, which should be completed by employees, in accordance with the provisions of Law 4369/2016;^{[Note 90: Evaluation Process for Civil Servants, Greek Government website (in Greek), https://government.gov.gr/diadikasia-axiologisis-ton-dimosion-ipallilon/]} e) the system for the electronic submission of the assessment content was put into operation on 10 May 2018;^{[Note 91: Registering data from evaluators, submitting the report to the evaluators and registering evaluators for the rating period of 2017, MAR website (in Greek), http://www.minadmin.gov.gr/?p=29725]} and f) the evaluators completed the evaluation report forms by 20 July 2018. The next stage in validating and finalizing evaluation reports is expected to be completed by October 2018.^{[Note 92: Nancy Routzouni, national point of contact, response to IRM researcher questionnaire, September 2018.]}

The above actions are procedural steps and technical prerequisites for the electronic assessment of employees. However, a participatory element in which citizens and CSOs could play a role in the evaluation process is still missing and thus the implementation level of this commitment remains limited. An expert in open governance law^{[Note 93: Panoraia Spiliopoulou, Open Governance Law Expert, interview with IRM researchers, October 2018.]} considered that the steps undertaken in the implementation of this commitment improved the assessment of public sector employees. However, according to his assessment, public sector employees are still reticent in accepting a stricter internal evaluation framework^{[Note 94: National Union of Public Sector Workers (ADEDY) “Evaluation. Strike-Abstention. Actions by ADEDY” (in Greek), http://adedy.gr/ajiologisiapergiapoxidraseis/]} and therefore allowing stakeholders outside the civil service to participate in the assessment would face significant pushback.^{[Note 95: Panoraia Spiliopoulou, Open Governance Law Expert, interview with IRM researchers, October 2018.]}

Commitment 9. Implementation of a system for the selection of managers

Midterm: Substantial

The implementation of this commitment was substantial during the midterm review period. The government completed the necessary procedural requirements of the selection process such as the forms specifications, selection criteria, interview guidelines and calls of interest’s publication.^{[Note 96: Aftodioikisi, “Unlock the selection of general managers - What you need to know” (in Greek), http://www.aftodioikisi.gr/dimosio/plisiazoun-oi-kriseis-ola-osa-thelete-na-xerete-gia-tin-epilogiproistamenon-sto-dimosio/]} Also the government amended legislation to allow individuals from the private sector to apply for heads of general directories in public agencies^{[Note 97: Liberal, “Meritocracy in selecting public sector managers” (in Greek), http://m.liberal.gr/#/app/article182819/homepage; Τhe amendment (in Greek), http://www.hellenicparliament.gr/UserFiles/bbb19498-1ec8-431f-82e6-023bb91713a9/10512729.pdf]} without specific selection criteria. The selection of the heads of general directories had been moved to September 2017, instead of April 2017 as it was originally expected. For more information, please see the 2016-2018 midterm IRM report on the Greek action plan.^{[Note 98: OGP, “Independent Reporting Mechanism (IRM) Progress Report 2016–2018: Greece”, https://www.opengovpartnership.org/documents/greece-mid-term-report-2016-2018-public-comment]}

End of term: Substantial

The first 12 General Secretaries for Ministries were selected via the new system in December 2017. A political dispute emerged from the selection process. Two Members of Parliament from the opposition political party “Potami” questioned the objectivity of the selection criteria by claiming that the Higher Council for Personnel Selection (ASEP) process had been circumvented. They requested that MAR should make the minutes from candidates interviews public.^{[Note 99: Capital, “Potami: They are sidestepping ASEP for selecting public sector directors”, http://www.capital.gr/politiki/3271838/potami-parakamptoun-ta-kritiria-tou-asep-stin-epilogi-dieuthunton-sto-dimosio]} The government responded to the above allegations through the then Minister of Administrative Reconstruction, Ms Olga Gerovasili, who defended the selection process.^{[Note 100: Aftodioikisi, “Bad practices in selecting General Secretaries”, https://www.aftodioikisi.gr/ipourgeia/paradochi-gerovasili-kakes-praktikes-stin-epilogi-genikon-grammateon-xana-ypopsifia-periferiarchis/]} As far as the request to make public the minutes from candidates’ interviews is concerned, the Minister stated that this is beyond the government's responsibility and this decision can only be made by ASEP.^{[Note 101: Hellenic Parliament, answer to parliamentary question submitted by Giorgos Mavrotas (MP) and Grigoris Psarianos (MP) on the selection process of the first 12 General Secretaries (in Greek), https://www.hellenicparliament.gr/UserFiles/67715b2c-ec81-4f0c-ad6a-476a34d732bd/10618754.pdf ]} It has to be noted that ASEP is a constitutionally mandated independent authority that is “the institutional guardian of the principles of transparency, publicity, objectivity and meritocracy in the civil personnel selection”.^{[Note 102: ASEP function and operation (in Greek),: https://goo.gl/e8q476 ]}

The selection process continued throughout 2018 and expanded to cover lower managerial positions. In March 2018, MAR issued guidelines requesting that the Human Resource departments of public agencies start publishing calls of interest for lower managerial positions.^{[Note 103: Aftodioikisi,”The selection of public sector managers starts” (in Greek), https://www.aftodioikisi.gr/ipourgeia/ypda-xekina-diadikasia-epilogis-diefthynton-sto-dimosio-egkyklios/]} The supplemental memorandum between Greece and its lenders, updated in May 2018, mentions that the entire process to appoint general secretaries, as well as directors, should be completed by October 2018.^{[Note 104: Aftodioikisi, “Agreement with Institutions: Completion of the appointment procedure for secretaries until October” (in Greek), https://www.aftodioikisi.gr/ipourgeia/symfonia-me-thesmous-eos-oktovrio-i-oloklirosi-diadikasias-gia-genikous-grammatis/]}

At the time of writing this report the government point of contact for OGP stated that the managerial positions of the Administrative and Sectoral Secretaries of all Ministries have been made public and the procedure for submitting applications has also been completed.^{[Note 105: Nancy Routzouni, national point of contact, response to IRM researcher questionnaire, September 2018.]} However, final selection is still pending.^{[Note 106: Capital, “Bomb" in the budget from new recruits and salary increases in the state, three-month extension for the "depolicitization" of the State” (in Greek), http://www.capital.gr/oikonomia/3324387/-bomba-ston-proupologismo-apo-tis-nees-proslipseis-kai-auxiseis-misthon-sto-dimosio]}

Did It Open Government?

Commitment 7. National register of line managers of the public administration

Access to Information: Marginal

Although this commitment had no direct relevance to OGP values, its implementation resulted in an incremental improvement in opening government as far as accessing information regarding the selection of public managers is concerned. Prior to this commitment the registering process was opaque. Currently, an online national register of managers is publicly available on the webpage of the Supreme Council for Civil Personnel Selection (ASEP).^{[Note 107: The Supreme Council for Civil Personnel Selection (ASEP), https://www.asep.gr ]} The registry is updated at least once a month and openly provides access to information such as names, department, years of serving in managerial positions and university degree titles for every member of the register.^{[Note 108: The updated lists of the national register for public managers, http://www.asep.gr/webcenter/faces/oracle/webcenter/page/scopedMD/s3eab32ab_c911_478a_8f8b_0ef74565e04d/Page802.jspx?_adf.ctrl-state=7as5b05vb_42&wc.contextURL=%2Fspaces%2Fasep&_afrLoop=2316797420458554# ]} For this reason it can be considered that this commitment has had a marginal effect in changing government practice on access to information.

Commitment 8. Implementation of the assessment of employees and services and control methods

Access to Information: Did Not Change

Civic Participation: Did Not Change

The evaluation of public employees is a crucial policy demanded by Greece’s creditors and the Greek government to move towards a more effective distribution of human resources across agencies.^{[Note 109: Kathimerini, “Gov't bid to accelerate civil servant assessment scheme” (English version),}

 http://www.ekathimerini.com/220873/article/ekathimerini/news/govt-bid-to-accelerate-civil-servant-assessment-scheme ] With this commitment, the government attempted to introduce elements of transparency and public participation in the assessment of employees. The assessment was in practice implemented as an internal public administration process. As such it remained closed for public scrutiny even though some CSOs, like Transparency International Greece, had expressed interest in opening up the questionnaires and contributing to reviewing the selection criteria and assessment methods.^{[Note 110: Dr D. Rigopoulos, Transparency International Greece, interview with IRM researcher , Athens, 21 November 2017. ]} While the government has made the evaluation forms public,^{[Note 111: The employee evaluation forms (in Greek), http://apografi.gov.gr/evaluation/eval_entypa.html]} currently there is no indication about whether aggregate data concerning the content of the completed evaluation forms will be made public in an open anonymized format. For these reasons, this commitment has not changed government practice.

Commitment 9: Implementation of a system for the selection of managers

Access to Information: Marginal

The system for the selection of managers in the Greek public sector has long been linked to clientelism and favoritism.^{[Note 112: Analysis of Afonso, Alexandre, Sotirios Zartaloudis, and Yannis Papadopoulos, "How party linkages shape austerity politics: clientelism and fiscal adjustment in Greece and Portugal during the eurozone crisis." Journal of European Public Policy 22.3 (2015): 315-334.]} With this commitment, the government wanted to establish a transparent and meritocratic system for the selection of managers. An important step forward in relation to transparency is the fact that all calls are currently published in the Transparency Portal Diavgeia (Clarity) as a result of this commitment. A published call, for example, includes detailed information such as the title of the position, the required qualifications and working experience, who can apply, the phases of the selection process, and accepted ways to prove qualifications.^{[Note 113: An example of a published call (in Greek), https://goo.gl/aJXjBN]} Moreover, the body responsible for monitoring the selection process (ASEP) is a constitutionally established independent agency. Although the involvement of ASEP guarantees a certain level of transparency and meritocracy in the selection process, this commitment only had a marginal impact in changing government practice, as no information about the justification of the appointments, beyond calls and the results of the final selection, had been published online.

Transparency International Greece suggested that candidates’ certificates, as well as the media files of interview recordings, could be open to the public, so that everyone could monitor them.^{[Note 114: Dr. Dionysis Rigopoulos, Transparency International Greece, interview with IRM researchers, Athens, 21 November 2017.]} ASEP only publishes tables showing the results of the selection with a list ranking the candidates and the results in cases of objections.^{[Note 115: For results tables see for instance (compressed results files from ASEP), https://goo.gl/k8tBHq]} According to Dr Lilian Mitrou, associate professor at the University of the Aegean and an expert in e-government, open public access to the candidates’ certificates and interview recordings is not legitimate but it could be allowed for people who can prove a direct legitimate interest.^{[Note 116: Lilian Mitrou, Associate Professor at the University of the Aegean-Greece (Department of Information and Communication Systems Engineering), interview with IRM researcher, Athens, 4 November 2018.]} Dr Mitrou suggests that an expansion of the audit mechanism, by sending certificates and interview recordings to the parliament, would help increase public trust in the selection system.^{[Note 117: Ibid.]} At the time of writing this report, the final selection was still pending and the government was given a deadline extension until March 2019.^{[Note 118: For more information (in Greek), http://www.capital.gr/oikonomia/3324387/-bomba-ston-proupologismo-apo-tis-nees-proslipseis-kai-auxiseis-misthon-sto-dimosio ]}

Carried Forward?

MAR staff did not indicate that these commitments would be carried forward into the next action plan, since commitments 7 through 9 were initially actions agreed with Greece’s lenders as part of the effort to depoliticize the public sector.^{[Note 119: Aftodioikisi, “Memorandum-Public Sector: What does it provide for evaluation, mobility, selection of executives, allowances, contract staff” (in Greek), https://www.aftodioikisi.gr/dimosio/mnimonio-dimosio-ti-provlepei-gia-axiologisi-kinitikotita-epilogi-stelexon-epidomata-simvasiouxous/]} It is possible that these will continue to be implemented outside the scope of a new action plan.