public service rules & official communication procedures

Dr. Oyewole O. Sarumi

PUBLIC SERVICE RULES &

OFFICIAL COMMUNICATION

Monday, 23 November 20151

Aims

To facilitate a platform for understanding of Public Service in

Nigeria.

To offer participants a broad introduction to public service

rules and reforms.

Identify and explain the main concepts associated with public

service rules.

Provide knowledge on procedure guiding official

communication in public service and why they are

undertaken.


Objectives

Explore issues of Public Service Rules

Understand the concepts and principles of Public

Service Rules

Evaluate the various ways of official communication

channels in the Nigerian Public Service

Understand the role of Public Service Rules in good

governance and effective service delivery


Outcomes

At the end of this session, participants will:

Have a clear understanding and gain knowledge/skills

on Public Service Rules

Know these rules and how they affect them as Public

Servants

Be able to describe the various official communication

channels in the public service.


INTRODUCTION:

Social sciences have bequeathed to humanity the

institution of government. Before the emergence of

government and governance, social interactions

and behaviour were not regulated. Man was

lawless and naturally barbaric. Everyone did things

the way they pleased him or her.

5 Monday, 23 November 2015

In short, humans behaved like animals. Anarchy

was the order of the day. It was a state of survival

of the fittest and high level degree of oppression.

Government emerged to regulate behaviour,

human activities and social interactions.


Social sciences field of study has contributed more

than any other field in the world because without

an enabling environment propelled by government

and governance, there would have been no such

great inventions in the fields of engineering, medicine, architecture, etc.


In a micro dimension therefore, if there are no

regulations, rules and laws generally, the public

service in fact would have not been in existence let

alone functional.

It is in this direction that some scholars see the

public service to be synonymous with bureaucracy

because bureaucracy itself is characterized by fixed

rules, discipline and proper conduct.


INTRODUCTION…..Cont’d

For the public service to achieve its aims there is

the need for a set of rules and code of conduct to

be put in place so that services can be delivered

effectively and efficiently.

It is in this direction that the government came up

with such guidelines as the Public Service Rules,

Code of Conduct for public office holders, Code of

Ethic in Government business, financial

regulations, financial memorandum, etc.


Here, we’re concerned with public service rules

and code of conduct for public servants of the

federation of Nigeria, of which you are an integral

part of.

We’ll highlight some of the provisions of

the current Public Service Rules published by the

Federal Government of Nigeria, and the Code of

Conduct for Public Officers enshrined in the Fifth

Schedule, Part 1 of the 1999 Constitution of the

Federal Republic of Nigeria (as amended).


PUBLIC SERVICE RULES:

Public service rules refer to a set of laws guiding

the conduct of public servants for the effective and

efficient performance of their jobs. Included in the

public service rules are conditions of service for

public servants (Okonkwo, 2008).

The Public Service Rules in Nigeria have

undergone many changes in nomenclature right

from the colonial days to the present day.


Evolution of Public Service Rules

Before 1960, called General Orders (G.Os) instituted by the colonial masters.

After 1960, changed to Civil Service Rules.

In the 1990s, changed to present title of Public Service Rules


It started as General Orders (G.Os) instituted by

the colonial masters. Before independence, the

G.Os served as guide for all government

employees in Government Departments and

Agencies.

Immediately after independence, the name changed

again to Civil Service Rules, and later to the

present title of Public Service Rules (Mustapha,

2008).


The present title is adopted to make the rules have

general application to all manner of government

employees in Ministries, Departments and

Agencies (MDAs).

Please note that the public service is generic and

broader in nature than civil service which is

restricted to personnel of core government

ministries only.


Thus, all civil servants are public servants but not all public servants are civil servants. (See below).

The public service rules refer to a code of regulations which provide for basic rules, regulations and procedures that are germane for carrying out the business of government geared towards efficient service delivery.


It is expected that every public servant should strictly comply with the provisions of the Rules.

The overall aim of the public service rules is to ensure good conduct, loyalty, honesty, courtesy, hard work and ethical principles.


WHAT IS CIVIL SERVICE

Rule 010103-This is a body or organ of the

Government, which enjoys continuity of existence

and is usually referred to as Government's Central

bureaucracy. Essentially, it covers Ministries/Extra-

Ministerial Departments and Agencies. Its head is

Head of Service.

It is also the instrument of the Government of the

day but neither the service nor its members are the

partisan of any party.


The Civil Service is made up of Civil Servants

who command a pool of experience and

expertise for implementing Government policies.

The Civil Service is indispensable irrespective of

the type of regime whether military or civilian.


Public Service

A body or organ that enjoys continuity of existence. It is

made up of the civil service, the Teaching Service, the

Health Service, the Local Government, the Judiciary,

Parastatal organisation, Government-owned companies

and Tertiary institutions.

Rule 010101- Public Service Rules are a compendium of

rules regulating the conduct, attitude and career

movement of its staff on a daily basis to the point of exit.


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Conduct - in terms of relationship with your

superior,

your subordinates,

your colleagues;

Attitude to work and work place;

Career movement has to do with your progress

in the Service.


DEFINING THE PUBLIC SERVICE

“Public Service” refers to an

agglomeration of all

organisations that exist as part

of government machinery for the

delivery of services


The Differences: Between Civil

And Public Servants

Civil service is an organ in the executive arm of

government, primarily responsible for the

execution of government policies and program.

Civil service is divided into departments, these

departments are called ministries and these

ministries are headed by ministers. CIVIL

SERVANTS are SIMPLY THOSE WORKING FOR

the GOVT, UNDER THESE MINISTRIES. Simply

put, civil servants are government workers,

at federal, state or local govt. levels.

The Differences: Between Civil

And Public Servants

Please note that civil service doesn't include the

following.....police, armed forces, public

corporation and government owned

establishment.....BUT AN INCLUSION OF

THESE BODIES (just mentioned) TO the CIVIL

SERVICE IS WHAT'S CALLED "PUBLIC

SERVICE".

What makes it "public" is that these set of people

also work for government (like civil servants) but

render direct services to the people on behalf of the government.


DEFINING THE PUBLIC SERVICE

(CONTD)

It is the machinery through which government

articulates and implements its programmes

It is a mandatory institution of the State under the

Constitution, see: Chapter VI of 1999 Constitution

under the title: “The Executive, Part I (D) and Part

II (C) provides for a Public Service at Federal and

State Levels.


SUMMARY OF THE ROLE OF THE

PUBLIC SERVICE

Advises government on policy options.

Administrative machinery of Government for implementingpolicy decisions and delivering services.

Driver of all development initiatives and pivot for growth ofeconomy.

Lead institution in strategic thinking and translation ofintentions to policies for the delivery of improved quality oflife.

Fulfills the mandate of the Government, in conjunction withthe political leadership, which is to serve the people.

Crucial to the overall effort of responding effectively to thedevelopment challenges of the 21st century.


DEFINING PUBLIC SERVICE

RULES & REGULATIONS

Public Service rules and regulations are publicly agreed

upon sets of principles, policies, criteria,

descriptions and/or conducts governing the

operations and activities of the public service

Public Service Rules ensure that the fundamental ethical

issues in the Public Service are strictly adhered to.


AIMS OF PUBLIC SERVICE RULES

& REGULATIONS

Aimed at entrenching the issues of transparency,

accountability, justice, equity, due process, and the rule of

law. All these are very paramount to the conduct of

Government business, which all Public Servants must

imbibe.

The strategic goal of Public Service Rules and reforms

(PSR&R), is to achieve our national development agenda

and collective goal of becoming one of the 20 leading

industrialized nations of the world by 2020 through a

focused and vibrant Public Service.Monday, 23 November 201527

Public Service Rules It cover a wide range of issues relating to:

1. Appointment and leaving the service – Types of appointment; appointment to senior posts, Secret society prohibition, etc.

2. Rules for appointment on probation: – Period of probation (2 years before confirmation).

3. Rules for appointment on contract:- conditions for contract; duration of appointment, etc.

4. Transfer and secondments: Procedures for transfer and secondments.

5. Acting Appointment:- Only when necessary


2.

6. Leaving the Service:- retirement in public interest,

termination during probation, resignation, etc.

7. Allowances: – various types

8. Annual Performance Evaluation Report and Certificates of

Service

9. Compensation for injuries:- workmen compensation Act, etc

10. Compensation and Insurance:- loss of property, loss of

private property, life assurance, etc.

11. Courses of instructions within and outside Nigeria

12. Discipline:- (a) Misconduct (b) Serious misconduct (c)

Conduct prejudicial to the security of the State.


3. 13. Emoluments and Increment:- payment of salaries; increment,

etc.

14. Examination in law and official publications: combined

confirmation/promotion examination, compulsory examination

for executive officers, etc.

15. Inventions and Award Committee: functions, procedure, etc.

16. Leave - types, date, etc.

17. Medical and Dental Procedures: medical treatment, etc.

18. Petitions and Appeals

19. Promotions

20. Reward for outstanding works.


Our Purpose

Because these rules are detailed and lengthy, this lecture

will only highlight briefly the provisions of some of them

you are likely to come across with, shortly in your service

with the State. These include rules on:

Discipline

Leave

Petitions and Appeals

Official Communication Procedures


FORMS OF, AND PENALTIES FOR,

INDISCIPLINE IN THE PUBLIC SERVICE

The Public Service Rules seem to recognize four main

heads of indiscipline.

The heads are: General inefficiency, Misconduct,

Serious Misconduct, and Conduct Prejudicial to the

Security of the State.!"

The disciplinary measures that may be inflicted upon an

erring public servant are:




Dismissal, termination or retirement;

Reduction in rank;

Reduction in salary;

Withholding or deferment of increment;

Loss of pay/non-payment for the corresponding

days an officer is not at his duty post/station

without authority;

Surcharge;




Reprimand;

Written Warning;

Verbal Warning.


Annual Leave Defined 120202 – annual leave is the absence of an officer

from duty for a period specified in Rule 120209

as may be authorized by a superior officer


LEAVE: Rule 100101 defines leave as the authorized absence of

an officer from duty for specific period. The Rule

identified the following types of leave:

Annual Leave – absence of an officer from duty for:

30 days for senior officers

21 days for junior officers

14 days for officers below grade level 03


Annual Leave Is Compulsory 120203 - Annual vacation leave is compulsory. No officer

shall be required or allowed to take working leave

whereby the officer reports for duty during his approved

leave period. All officers must therefore take vacation

leave within the calendar year in which such leave is due.

LEAVE YEAR

Period between 1st day of January and the 31st of

December of the year.


DEFERRED LEAVE

–Vacation leave which an officer is permitted to carry

forward until the time of his retirement.

EX-GRATIA LEAVE

Leave granted as a gift or favour not because there is a

legal duty to grant it.


OTHER LEAVE -120201

Annual leave

Leave to attend Trade Union conference;

Examination leave;

Sabbatical leave;

Leave of absence;

Pro rata leave or proportionate leave;

Study leave with pay;

Study leave without pay;

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Pre-retirement leave

Maternity leave;

Sick leave;

Leave to attend cultural or sporting activities.

Casual leave

Paternity leave

Leave on compassionate ground

Leave on ground of urgent private affairs

Adoption leave


Leave Inclusive Of Saturday, Sunday

And Public Holidays

120207 provides that the period of any leave as casual leave,

sick leave, maternity leave etc granted under these rules shall

be inclusive of Saturday, Sunday and Public holidays

occurring therein.

Leave Allowance 120208 - An officer whether serving at a station away from

his home place or serving at his home place when granted

annual leave shall be provided with leave allowance at the

prevailing rates.


Paternity Leave

120237

It is the authorised absence from duty of a serving male

officer to whom a new baby or babies in a case of multiple

births is born or adopted up to a maximum of 10 days in

relation to and at the time of his spouse first two deliveries.

A male officer shall not be entitled to Paternity leave in

respect of the third and subsequent children. Approval is

subject to presentation of child's birth certificate or letter of

release as applicable.


Adoption Leave

120235

B.-a female officer who adopts is entitled to 12 weeks

Adoption leave at a stretch beginning from the date of release

of baby with full pay. Evidence showing the release of the

baby must be presented before grant of leave. Where this

annual leave has already been enjoyed before the grant of

adoption leave, that part of the adoption leave equivalent to

the annual leave will be without pay.


Pro-rata Or Proportionate Leave

Proportionate leave is a vacation granted to a new, officers

who attend courses of instruction/training over a period of

six months or retiring officer in proportion to the number of

days he has put into the service. Any period of service under

30 days is not reckonable.


Leave Of Absence

It is the absence from duty authorized on grounds of

public policy.

All such leave shall be approved without pay by the Civil

Service Commission or any other such body on the

recommendation of the Head of Service.


Types Of Leave Of AbsenceA. leave of absence to join spouse on course of instruction of

not less than 9 months duration abroad.

B. special leave of absence to join spouse on grounds of Health/Public Policy.

C. leave of absence on grounds of Public Policy for Technical Aid Programme.

D. leave of absence to take up non-elective political appointment.

E. leave of absence on grounds of Public policy for an official whose spouse is a President, Vice President, Governor, Deputy Governor, Chairman or Vice Chairman.


PETITIONS:

The Public Service Rules define petition as “a formal

appeal to ultimate authority, that is, the Head of

Government for special consideration of a matter

affecting an officer personally”.

The Rules advised officers to as much as possible exhaust

all possible peaceful avenues provided in the Public

Service Rules and Circulars for redress before

proceeding to courts of law.


A petition must be submitted through the proper

departmental channels, namely the petitioner’s

immediate superior officer and the Permanent

Secretary/Head of Extra ministerial office, who will

forward the petition with his or her comments and

recommendations to the Chairman of the Federal Civil

Service Commission and Head of the Civil Service of the

Federation.


A petition must bear the full name, staff number,

signature and address of the petitioner (Rule 090206).

A petition submitted more than 6 months after the

decision complained of has been given, will not be

entertained, unless such delay is supported by valid

reasons.


CODE OF CONDUCT

The overall objective of Code of Conduct is to ensure

public accountability by public officials.

Code of Conduct refers to “a comprehensive and

systematically arranged collection of laws, regulations

and rules of conduct procedure that guide, regulate and

direct the behaviour of public officers” .


Every public servant and indeed public office holder in

Nigeria is expected to abide by the provision of the Code

of Conduct for public officers as stipulated in the Fifth

Schedule, Part 1 of the 1999 Constitution of the Federal

Republic of Nigeria (as amended).

For the avoidance of doubt, Part II of the Fifth Schedule

of the Constitution defines the categories of public

officers for which the Code of Conduct is applicable to.


OFFICIAL COMMUNICATIONS IN

PUBLIC SERVICE –

RULES & PROCEDURES


PATTERNS OF COMMUNICATION FLOW

IN AN ORGANIZATION

According to Eboh (1986), the flow of

communication in an organization can be:

Upward communication

Downward communication

Cross-wise communication.


TYPES OF OFFICIAL COMMUNICATION:

STEPS & PROCEDURES The Nigerian Civil Service has many channels through which

it communicates with not only its members but also members of the public. Some of these are; written, oral, or non-verbal channels. Very often, the channels that are used within the service, depends on:

1) What is to be communicated?

2) Who is doing the communicating?

3) At who is the communication targeted.

4) What is the feed-back.

The wrong channel would naturally result in the target audience missing the message or information altogether.


The 4 Pathway in Government

Communications


WRITTEN CHANNELS: In Public Service

In the Nigerian Civil Service, this is the most

frequently and intensively used communication

strategy.

Some of the written channels often used in the civil

service are hereby listed below:


Memorandum

Minutes

Reports

Press Releases

Press Conferences

Executive Orders

Gazettes

Letters

Pamphlets

Handouts

Circulars

Bulleting Boards

Petitions

Newsletters


ORAL CHANNELS: In Public Service

In the service, there are various forms of oral communication.

They could take the form of:

Meetings,

Seminars,

Public lectures,

Telephone discussions.


COMMUNICATION BARRIERS WITHIN

THE CIVIL SERVICE

The preferred communication strategy in the

Nigerian Civil Service. Most civil servants prefer

that one puts whatever he wishes to say in writing.

Written channels are generally the most preferred

in the service. Every employee wishes to have and

keep a written record of communication, so that

the sender cannot later deny the message.


The basic barriers to effective communication in the civil

service may be classified into two broad categories.

Those barriers that have to do with the

person, and classifiable into the

psychological, the physical and the semantic.

Those that concern the service itself as an

institution.


There are official barriers to effective

communication created by the civil service itself.

These have to do with civil service rules and

regulations, the biggest of these being the Oath of

Secrecy.

It is a basic requirement that every public official

subscribes to the Oath of Secrecy, which is signed

and carefully preserved.


What constitutes a breach of the official secret

acts is so widely defined that it cover any kind of

information given out without official

permission.

No civil servant wishes to inadvertently disclose

information that may be covered by the official

secret acts.


As a result, civil servants have to seek permission

before they can communicate any information to a

person who needs it. This slows down the

communication process and in several instances

frustrates it altogether.

Civil servants are also prohibited from publishing

in the mass media or speaking in public on matters

of political or administrative import. They are on

tap, not on top; to be seen, not to be heard.


This makes the civil servant circumspect in

choosing his words in public or even refuse to hold

discussion in public for fear that he might breach

the rules.

These barriers to communication created by the

government has made it very difficult to receive

communication on civil service or government

affairs.


The advent of FOI Bill may ease difficulties in

accessing required information if the information

seeker can be prudent to pursue the law to its

end.


How to Overcome Barriers of

Taking the receiver more seriously

Crystal clear message

Delivering messages skilfully

Focusing on the receiver

Using multiple channels to communicate instead of

relying on one channel

Ensuring appropriate feedback

Be aware of your own state of mind/emotions/attitude


Tools of effective

Be Brief

Manners

Using “I am directed”

Be Positive

Good listener

Spice up your words

Clarity

Pronunciation


Some Last Words

In order to improve communication within the

Public Service, it is necessary to remove or

modify some of the institutional barriers within

the Service.

First, the Oath of Secrecy as it stands today is

much too restrictive. Although official secret acts

are a necessity, the problem here remains the fact

that it is too all-embracing. Things that should not

be secret have been made so by this act.


A well-considered modification of the official Secret Acts

1982, will improve communication from government to

the people and the people to government.

A list of those kinds of information that should not be

revealed should be made available to the public. The

Oath should then only be binding on the listed items.

Any other matter, not covered by the list should be freely

revealed.


Such a modification will speed up the flow of

information because civil servants will then be free to

uncover what is not listed as official secret.

Second, is the need to reduce the severity of the rule

prohibiting civil servants from making public statements.

When a dedicated civil servant, working within the

system to improve it, meets with frustration, he may be

justified in going public with his case.


Constructive criticisms are fair criticisms which

must be allowed in a responsible organization. If

the civil service is to operate at a desirable level

of efficiency, it is important that communication

within the service must be effective, not only in

some ministries like the Presidency, or the

governor’s office, but throughout the service.


And for communication to be effective, it must flow in

all directions. When this is facilitated through granting

some level of freedom of communication to civil

servants within the system, bureaucratic red-tape and the

long pipeline syndrome will be reduced, and efficiency

enhanced in the civil service.

Like I opined earlier, the enactment of FOI Bill into law

may ease this secrecy if the information seeker or

prodder can be prudent and tenaciuos to pursue the law

to its logical and conclusive end.


CONCLUSION

One major characteristic of the public service is

the stability of tenure of its personnel.

It is expected that bearing any form of

misconduct, accident, disability or death, a

public servant is expected is to work till he or she

attains retirement age.


This is diametrically antithetical to what is obtainable in

private sector where an employee can be hired today and

fired tomorrow even without any misconduct or wrong

doing.

For us therefore, to enjoy this special public service

privilege, it is expected of us to abide by all the

provisions of the Public Service Rules, Code of Conduct

for public Officers, Circulars, directives, and indeed

other regulations.


It is recommended therefore, that each and every one of

you should have copies of the latest edition of the Public

Service Rules and Code of Conduct for Public Officers

or the 1999 Constitution of the Federal Republic of

Nigeria.

They are Bibles of the public service and should be read,

studied and obeyed in the same manner Christians do

with the Holy Bible and Moslems with the Holy Koran.


CLOSING STORY: Seek Complete

Information Always Before Acting!

Jack Walshertum, an airplane cleaner was cleaning the

cockpit when he saw a book titled: “HOW TO FLY AN

AIRPLANE FOR BEGINNERS….Volume 1”.

He opened the first page which said: To start the engine,

press the RED button. He did so, and the plane engine

started. He was happy, and open page 2 which said:

To set the airplane moving, press the BLUE button. He did

so and the plane started moving at an amazing speed.

He wanted to fly, so he opened the third page which said:


To let the airplane fly, please press the GREEN button.

He did so and the plane started to fly. He was excited.

After 20 minutes of flying, he was satisfied and wanted

to land, so he decided to go to page 4.

He fainted after reading the instructions. The 4th page

said: To learn how to land a plane, please buy Volume 2.

WHAT ARE THE MORAL LESSONS FROM THIS

STORY?


MORAL LESSONS

Seek complete information before doing a task especially

in areas you are less competent.

You need others to become more knowledgeable in this

life.

Incomplete or partial information on anything could lead

to fatality.

Ignorance is not an excuse to put your life and that of

others at risk.


So……..

Be a good public servant!

Be a conscientious public servant!

Be an instrument of public service delivery!

Be an exemplary public servant!


Attributions Okonkwo, J.K.J. Public Services Rules and Code Of

Conduct For Public Servants. A paper presented to the

newly employed staff of Akanu Ibiam Federal

Polytechnic, Unwana, (2009 – date), on the occasion of

the induction programme organised by the Polytechnic,

Tuesday, March 25, 2014, at the Polytechnic auditorium.

Culled from http://akanuibiampoly.edu.ng/?page_id=344

Laws Guiding Public Civil Service Employees In Nigeria

Culled from http://martinslibrary.blogspot.com.ng/2013/03/laws-

guiding-public-civil-service.html


http://akanuibiampoly.edu.ng/?page_id=344

Introduction to Public Service. From the workshop

conducted for the Federal Ministry of Works, Abuja.

Public Service Reforms and Code of Conduct. A

workshop conducted by Pearl Associates for Lagos State

MOH staff, 2015.

Lagos State Human Resources Policies.

Public Service Rules – Office of the Head of Service –

2008 Edition.

The Constitution of the Federal Republic of Nigeria,

(1999, as amended.


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