1. Empowering the Pa Enua Government 26 September 9am Russell Thomas Cook Islands

2. Outline of the Presentation Background Background Brief overview of the new Island Government Reform. Brief overview of the new Island Government Reform. Core Objectives of the reform Core Objectives of the reform Achievements Achievements Current status maintained Current status maintained New Features in the Act New Features in the Act Devolution of Powers Devolution of Powers Role of Supporting Agencies Role of Supporting Agencies

3. Background Public Service Reform – 1996 Public Service Reform – 1996 Full devolution of Public Service Commissioners powers to Heads of Departments (HoDs) (hire & fire, promotion, salary etc)Full devolution of Public Service Commissioners powers to Heads of Departments (HoDs) (hire & fire, promotion, salary etc) Full devolution for Rarotonga onlyFull devolution for Rarotonga only HoDs in Rarotonga still maintain control over their staff in the Pa Enua (sister islands)HoDs in Rarotonga still maintain control over their staff in the Pa Enua (sister islands)

4. Background continues In 2000 further devolution of powers of Commissioner to the Pa EnuaIn 2000 further devolution of powers of Commissioner to the Pa Enua Appointment of Island Secretaries (IS)appointed like HoDs by PSC Appointment of Island Secretaries (IS)appointed like HoDs by PSC Employment Contract with PSC Employment Contract with PSC Report to PSC (6 months & annual) Report to PSC (6 months & annual) Dysfunctional relationship between IS and Island Council (13 yrs) Dysfunctional relationship between IS and Island Council (13 yrs)

5. AN OVERVIEW OF THE ISLAND GOVERNMENT REFORMS The Island Government Act 2012-2013 represents the most comprehensive reform to the system of governance for the Pa Enua. The reforms build upon the current system They preserve the features of current island governance that have been found to work effectively. It is not an entirely new system

6. CORE OBJECTIVES OF THE REFORMS The core objectives of the reforms are to: resolve known deficiencies and problems remove obstacles to good administration and effective operation clearly state roles and responsibilities of Island Governments provide more flexibility so that the process of reform can be on-going and meet future needs.

7. BUT REALLY…. The major aspects of the reforms have addressed: The dysfunction between Mayors and their EO’s (Island Secretaries); and The dysfunction between Mayors and their EO’s (Island Secretaries); and Possibilities and processes for real power sharing (devolution of powers) Possibilities and processes for real power sharing (devolution of powers)

8. ACHIEVEMENTS SINCE LAST FORUM The Island Government Act 2012-2013 was passed and took effect from February 2013 The Island Government Act 2012-2013 was passed and took effect from February 2013 PSC Instructions for the appointment of EO’s have been made and applied PSC Instructions for the appointment of EO’s have been made and applied The recruitment of EO’s has been undertaken under the reformed arrangements The recruitment of EO’s has been undertaken under the reformed arrangements

9. MORE ACHIEVEMENTS SINCE LAST FORUM EO’s position has been re-sized EO’s position has been re-sized Mayors and Councillors salaries have been reviewed, approved and implemented Mayors and Councillors salaries have been reviewed, approved and implemented Code of Conduct for Mayors and Councillors has been finalised Code of Conduct for Mayors and Councillors has been finalised Electoral arrangements have been reviewed and regulations drafted Electoral arrangements have been reviewed and regulations drafted Template MOU for devolution of powers has been prepared Template MOU for devolution of powers has been prepared

10. EVEN MORE ACHIEVEMENTS SINCE LAST FORUM HR guidebooks have been prepared HR guidebooks have been prepared HoD’s have been briefed on the reforms (especially arrangement for devolution) HoD’s have been briefed on the reforms (especially arrangement for devolution)

11. THINGS UNCHANGED IG Employees are public servants IG Employees are public servants IG’s are subject to the Public Service Act and MFEM’s laws and requirements (e.g. Financial Instructions) IG’s are subject to the Public Service Act and MFEM’s laws and requirements (e.g. Financial Instructions) The current governments continue until new elections are held as provided in section 14. The current governments continue until new elections are held as provided in section 14.

12. OTHER THINGS UNCHANGED  Section 80 provides for all necessary transitional arrangements, preserving the current governance framework but ensuring that this is now done under the provisions of the new law.  There are no immediate changes to elected officials or Island Government employees, with the exception of the former Island Secretaries who have now been replaced by the recently recruited Executive Officers.

13. SOME NEW FEATURES Governments are now known as Island Governments. Governments are now known as Island Governments. Island Secretaries are now known as Executive Officers Island Secretaries are now known as Executive Officers IG’s have attributes of a legal person, they are given full legal status (s. 7(3) – to make contracts, to sue and be sued in the IG name, to own property…) IG’s have attributes of a legal person, they are given full legal status (s. 7(3) – to make contracts, to sue and be sued in the IG name, to own property…)

14. SOME SPECIFIC NEW FEATURES EO’s are appointed under reformed arrangements determined by the PSC – they are appointed by the Mayors, who also have a say on setting the terms and conditions EO’s are appointed under reformed arrangements determined by the PSC – they are appointed by the Mayors, who also have a say on setting the terms and conditions EO’s are subject to day to day direction of Mayors and also to Council EO’s are subject to day to day direction of Mayors and also to Council

15. OTHER NEW FEATURES Mayors are elected separately Mayors are elected separately Mayors appoint Deputy Mayors Mayors appoint Deputy Mayors Elections to be held every 4 years (with next one to be within 3 years of the Act taking effect) under new Regulations Elections to be held every 4 years (with next one to be within 3 years of the Act taking effect) under new Regulations Mayors and Councillors are subject to a Code of Conduct and can be removed for misconduct Mayors and Councillors are subject to a Code of Conduct and can be removed for misconduct

16. MORE IMPORTANT NEW FEATURES Clear and revised financial processes have been provided for in Part 5 of the Act. All budget allocations to Island Governments must be based upon approved Plans and Budgets prepared in accordance with section 51. Other sections in Part 5 apply reporting and financial management requirements. Clear and revised financial processes have been provided for in Part 5 of the Act. All budget allocations to Island Governments must be based upon approved Plans and Budgets prepared in accordance with section 51. Other sections in Part 5 apply reporting and financial management requirements. The revenue base of the Island Governments is clearly provided for in section 55, and all Island Government will be empowered and encouraged to generate local revenues for development and service delivery purposes. The revenue base of the Island Governments is clearly provided for in section 55, and all Island Government will be empowered and encouraged to generate local revenues for development and service delivery purposes.

17. FINANCIAL FEATURES The essential effect of Part 5 is to provide a balance of financial autonomy, subject to clear financial responsibilities. The essential effect of Part 5 is to provide a balance of financial autonomy, subject to clear financial responsibilities. Under section 59 the National Government will not be legally responsible for the debts of Island Governments. Under section 59 the National Government will not be legally responsible for the debts of Island Governments.

18. DEVOLUTION OF POWERS (POWER SHARING) Key aspects of these reforms include: Powers can be devolved formally (by regulations and contracts) and less formally (by MOU’s) Powers can be devolved formally (by regulations and contracts) and less formally (by MOU’s) The devolution of powers vests a power to make local by-laws The devolution of powers vests a power to make local by-laws The by-law making power has been substantially modified The by-law making power has been substantially modified

19. Support Agencies Mayors & Councils Island Administrations OPM OPSC MFEM

20. Mayors/ Councils Executive Officers OPMOPSCMFEM Focus: Governance Hire & fire EOs Strategic Planning & Development MOUs with line ministries to the development of By- Laws Endorse Org Structures Approve staffing policies Sign off on Time Sheets (EOs) Focus: Administration Hire & Fire staff Staff appraisal Development of Job Descriptions Propose Org Structures Budgets Development of Business Plans Dispute Resolutions Training & Capacity Building Focus: Support Facilitate, ensure and provide supportive role to the Outer Islands Government thru: Recruitment Process Manage Performance Management Process Capacity Management Strategic & Biz Plan Implementation of the Outer Island Act 20012-13 Structures & systems Focus: HR Governance Review Machineries of Government Organisational Structures (approve) Job Sizing (approve) Dispute Resolution (PS Act 2009 Sec 36) Issue Policies & Specific Instructions Focus: Financial Governance Financial advise, accountability Financial reporting Etc, etc

21. Meitaki Atupaka