Workshop on Strategic Human Resources Management in the Judiciary Toronto Canada July Ian Greene Professor, School of Public Policy & Administration

Overview of Training Program July 8: Ian Greene – Introduction and backgrounds of participants – Topics covered today: Strategic human resources management – Court administration as a discipline – Relation between public administration in general and court administration » Constraints imposed by judicial independence » Impact of the adversary system – Human resources fundamentals and court administration – Promoting workplace ethics and a corruption-free environment – See Click on “Strategic Human Resources Management in the Judiciary” for course materials. July 9: Ian Greene, Lynn Fournier-Ruggles and Jeff Ebinama – Education, training and development – Managing technology – Empowering the workforce

My own background Grew up in a small Alberta town (population 1000) BA at University of Alberta (Edmonton): Political Science MA and PhD in Political Science at University of Toronto: focused on constitutional law and court administration PhD dissertation: causes of unnecessary delay in Ontario courts

Canada

British Columbia & Alberta Worked for Alberta gov’t for 4 years – Assistant to a cabinet minister 1 year – Middle manager in Alberta Social Services 3 years First teaching job: College of the Rockies in Columbia Valley, BC

My family

York University Years Research on judicial behaviour & ethical politics – The Courts (2006) – A Question of Ethics (1998, 2006) – Honest Politics (1998) – Final Appeal (1998) – Judges & Judging (1991) – The Charter of Rights (1988)

What is strategic management? Senior officials develop a one to five year strategic plan that outlines the general goals of the organization – Eg. The Alberta cabinet develops a strategic plan for the public service that is updated annually. The plan covers the mandate of the government – 4 to 5 years after an election. – Then officials in every department develop an OPERATIONAL plan for the department. The Department of the Attorney General is responsible for court administration. – The plan is bottom-up. Taking into account this feedback, the Deputy Minister develops a plan that fits the budget, and then ALL units develop their own operational plan. Human Resources Management is always a major part of the operational plans. ALL employees have annual work plans that reflect the unit’s operational plan. Employees meet with supervisors to discuss the plan on a quarterly basis. Each year, there is an employee evaluation that determines whether the employee is eligible for a salary increment and/or a promotion. Critical to have a planning process that has the support of the public sector union.

General Principles of Public Administration See Barker and Kernaghan, Chapters 1-4 Impact of Weber and theory of bureaucracy Hiring according to merit; legal job descriptions; supervisor-employee relations; neutrality; integrity. Impact of judicial independence – What is judicial independence and why is it important for court administration? – Adversary system: lawyers must serve in their clients’ interests. What are the ethical boundaries and how do they impact court administration?

Court administration as a discipline See Carl Baar and Ian Greene, “Judicial Administration,” and Carl Baar, “The Emergence of the Judiciary as an Institution.” Impact of Roscoe Pound, early 1900s in US Specialized court administration programs in US during past several decades Graduate Diploma in Justice System Administration: York University (unique program in Canada) The concept of “local legal culture” – See “Local Legal Culture” on web site Case flow management

Human resources management in the courts Relation between ministerial accountability and judicial independence Models of court administration from judicial- centred to executive centred; advantages and disadvantages of both Importance of job descriptions; annual goals; quarterly reviews; thinking about career advancement for all employees Are court employees destined for a career only in the courts, or are there other public service careers available to them?

Workplace ethics Mutual respect: the foundation of public service ethics Where did the principle come from and why is it foundational to democracy? Implications of mutual respect: the rule of law, social equality, integrity, free and fair elections, public service neutrality, effective, efficient and fair court system Ethics counsellors; independent ethics commissioners Code of ethics for public servants, reflection of the code of ethics for judges if they have one. If not – common law principles – Public servants put the public good first – Conflicts of interest are forbidden. (situation where a public servant is in a position to use public office for person gain, or to promote the interests of family or friends) – Resist “undue influence” – where pressure from an individual or corporation for personal gain is unfairly leveraged, so that other points of view do not have a fair hearing. – Honesty: lying justified as being in “the public interest” rarely is. – Whistle-blowing: how to report corruption when you see it without being penalized – Take realistic, “baby steps” toward solutions; don’t run from the challenge, but plan in advance. Integrating public service ethics into individual work plans Importance of LEADERSHIP. Dishonest people will always be pushing the limits. Standing up to this requires courage and also strategic thinking. These qualities are what have led to gains in ethics in all countries that are at the top of the corruption perception index. Nigeria corruption perception index: 144/177. Canada: 9/177. How to balance taking a stand against corruption with one’s own career and family obligations. My Nigerian student who took a stand, and felt she had to leave. Promotion of ethics starts at the top. Work to get honest, courageous, and pragmatic people into positions of power. See Ontario Public Service Conflict of Interest Rules (Code of Conduct), and Government of Canada, Value and Ethics Code for the Public Sector, on the web page.

Conflict Resolution Active listening: make sure you understand what your employees are telling you. Repeat it back to them in your own words. If they meant something different they will tell you. Active speaking: ensure your employees have understood what you have said. People use words in different ways. Without being condescending, ask them to tell you what they understood from what you said. Deal with only one issue at a time. Provide opportunities for employees to air grievances on a regular monthly basis so the grievances don’t build up. Employees usually have good ideas about workplace problems and how they might be approached. Most people get satisfaction from doing a good job. Thank them for their ideas and get back to them to thank them when these ideas have sparked a change. Feeling that you are appreciated as an employee is more important than financial rewards. At the time of annual reviews, take time to find out what each employee has contributed, and thank them. Ensure your employees understand how important a trustworthy justice system is to confidence that Nigeria is moving in the right direction. A trustworthy and efficient justice system is key to Nigeria’s success.

Dealing with difficult employees Regular conflict resolution procedures are only partly successful with regard to “difficult” employees. What is a “difficult” employee? Top seven traits selected of employees identified as “difficult” in empirical research: – Has a grandiose sense of self-importance. – Has a sense of entitlement; has unreasonable expectations of especially favorable treatment. – Shows emotional instability as evidenced by marked emotional reaction. – Behavior or attitude is arrogant or haughty. – Shows inappropriate and intense anger or has difficulty controlling anger. – Consistent irresponsibility, repeated failure to meet obligations. – Deceitfulness, as indicated by repeated lying or conning others.

How to deal with difficult employees Never lose your temper Be polite but firm This requires a good deal of discipline Remember that one “difficult” employee may undermine the workplace atmosphere; two may destroy it. Nevertheless, they are human beings and require treatment with respect. They did not enter this world asking to be “difficult.” Being polite but firm will either lead them to leave and find another workplace where they think they can more easily continue as they have been, or to “see the light” and change in your workplace.

Technology in the Courts Technology can only help if courts are administered well in the first place. Key: ensure all justice system participants are using the same hardware and software platform. Beware of consultants who claim to be able to resolve your problems quickly. Your court system is extremely complex.

Summary Try to see court operations through the eyes of litigants, witnesses and judges Solicit ideas from judges, staff and court users to improve the system Be polite but persistent Tomorrow: specifics of strategic human resource management with Lynn Fournier-Ruggles, including core competencies Lynn Fournier-Ruggles was the administrator of the largest administrative tribunal in Canada. She now teaches court administration at Seneca College, and is a graduate of York’s Master of Public Policy, Administration and Law program, and York’s Graduate Diploma in Justice System Administration.