Employment of States of Jersey Employees (Amendment No. 4) (Jersey) Regulations 200-

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 20 November 2009 regarding: Employment of States of Jersey Employees (Amendment No. 4) (Jersey) Regulations 200-.

Decision Reference: MD-C-2009-0088
Decision Summary Title :	Employment of States of Jersey Employees (Amendment No. 4) (Jersey) Regulations 200-		Date of Decision Summary:	19 November 2009
Decision Summary Author:	Head of Employee Relations		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	WR – Employment of States of Jersey Employees (Amendment No. 4) (Jersey) Regulations 200-		Date of Written Report:	26 October 2009
Written Report Author:	Head of Employee Relations		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Employment of States of Jersey Employees (Amendment No. 4) (Jersey) Regulations 200-
Decision(s): The Chief Minister approved the Employment of the States of Jersey Employees (Amendment No. 4) (Jersey) Regulations 200- and requested that it be lodged ‘au Greffe’ for debate at the earliest available opportunity.
Reason(s) for Decision: A proposition was lodged in the States by Deputy Trevor Pitman on 1 June 2009 requesting that ‘politically eligible’ employees should be permitted to take untaken accrued annual leave or authorised time off in lieu of extra hours worked in addition to the existing provision for unpaid special leave. The proposition was adopted and this amendment is designed to give effect to this.
Resource Implications: None
Action required: Head of Employee Relations to forward the draft Regulations to the Greffier of the States for lodging.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Employment of States of Jersey Employees (Amendment No. 4) (Jersey) Regulations 200-

Report

In accordance with the Employment of States of Jersey Employees (Jersey) Law 2005 certain States of Jersey employees were deemed “politically eligible” to stand for election whilst continuing to be employed. In order to do so they were granted unpaid special leave from the date of their nomination.

A proposition was lodged in the States by Deputy Trevor Pitman on 1 June 2009 requesting that “politically eligible” States of Jersey employees should be permitted to take untaken accrued annual leave or authorised time off in lieu of extra hours worked in addition to the existing provision for unpaid special leave.

Previously “politically eligible” employees had to take unpaid special leave once they had been nominated to stand as a States Member.

Following Deputy Pitman’s proposition it was agreed that “politically eligible” employees standing for election should be given the option to use untaken accrued annual leave or authorised time off in lieu of extra hours worked so they would not be financially disadvantaged.

An amendment to Article 36 of the Employment of States of Jersey Employees (Jersey) Law 2005, reflecting these changes is attached below. Paragraph (3) simply reaffirms that unpaid special leave is not pensionable.

There are no financial or manpower implications arising from this draft.

Explanatory Note

These Regulations would amend Article 36 of the Employment of States of Jersey Employees (Jersey) Law 2005. Article 36 requires a politically eligible States’ employee who stands for election as a Senator, Deputy or Connétable to take leave from the day of his or her public nomination for office until he or she resigns or returns to work remains unchanged. However this amendment would provide that the employee is no longer required to take unpaid special leave for the whole of that period. Instead, the employee would be able to use annual and other leave accrued in accordance with the terms of his or her employment, if he or she so wishes.

Employment of States of Jersey Employees (Amendment No. 4) (Jersey) Regulations 200-

Arrangement

Regulation

Employment of States of Jersey Employees (Amendment No. 4) (Jersey) Regulations 200-

Made [date to be inserted]

Coming into force [date to be inserted]

THE STATES, in pursuance of Article 42 of the Employment of States of Jersey Employees (Jersey) Law 2005, have made the following Regulations –

1 Article 36 of the Employment of States of Jersey Employees (Jersey) Law 2005 amended

In Article 36 of the Employment of States of Jersey Employees (Jersey) Law 2005 for paragraphs (2) and (3) there shall be substituted the following paragraphs –

“(2) A politically eligible States’ employee shall take leave for the period commencing with the day of his or her public nomination for office and ending with whichever is the earlier of –

(a) his or her resignation from employment as a States’ employee; or

(b) his or her return to work under Article 37(3).

(2A) If –

(a) a politically eligible States’ employee has insufficient annual and other leave accrued, in accordance with the terms of his or her employment, that the employee may take to comply with paragraph (2); or

(b) the employee does not wish to take all or any of that leave to comply with paragraph (2),

the employee shall be granted unpaid special leave for so much of the period described in paragraph (2) for which the employee does not take annual or accrued leave.

(3) If a politically eligible States’ employee who is required to make contributions under any pension scheme established under the Public Employees (Retirement) (Jersey) Law 1967 or the Teachers’ Superannuation (Jersey) Law 1979 is granted unpaid special leave under paragraph (2A) –

(a) notwithstanding any requirement of the pension scheme, neither the employee nor his or her employer shall make contributions under the pension scheme whilst the employee is on such leave; and

(b) the period for which the employee is on such leave shall be disregarded in determining the employee’s period of pensionable service for the purposes of the pension scheme.”.

2 Citation and commencement

These Regulations may be cited as the Employment of States of Jersey Employees (Amendment No. 4) (Jersey) Regulations 200- and shall come into force 7 days after they are made.

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