Creating Directorates and Director Posts Without Establishment Approval
The Permanent Secretary of a federal agency submits a proposal to the FCSC for approval of a new organogram creating three directorates and three Director (GL 17) posts. He also asks the Commission to 'note' the appointment of three officers who have been acting in those positions for eight months. The proposal is supported by a consultant's report but has no establishment approval from the Office of the Head of the Civil Service of the Federation, no budget provision in the current year, and no circular authorising new directorates; in fact, a circular restricts creation of new units. The agency argues that the posts are needed for a new presidential initiative and that the officers will be paid from 'savings'. The Commission's secretariat has drafted a letter of approval for the Chairman's signature because the agency's submission is marked 'very urgent'. The Commission meets in 48 hours.
1. Should the FCSC approve the new organogram and the three Director posts? Give reasons.
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Conclusion: The Commission should not approve the organogram or create the three Director posts on this submission.
Reasons:
- The FCSC's mandate covers appointments, promotions and discipline. The creation of directorates and posts is an establishment matter, requiring the approval of the Office of the Head of the Civil Service of the Federation and the Budget Office.
- Without establishment approval, the posts do not legally exist; the Commission cannot appoint or promote into non-existent posts.
- Without budget provision, the salaries and allowances cannot lawfully be paid. 'Savings' from one vote cannot be used to create recurring posts without proper appropriation and approval.
- A circular restricting new units makes the proposal inconsistent with current policy. A presidential initiative may justify a request, but it must be processed through the proper authority, not used to bypass establishment controls.
- The secretariat's drafted approval should be withdrawn; urgency is not a legal basis for ignoring controls.
The Commission should return the proposal and explain the correct route.
2. What sequence should the agency follow before the Commission can act?
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- Establishment approval: The agency should submit its organogram and case for the three directorates to the Office of the Head of the Civil Service of the Federation, which must approve the structure and posts.
- Budget clearance: The Budget Office should confirm that funds are provided in the current or next budget; 'savings' must be properly identified and approved, not merely asserted.
- Policy clearance: If a circular restricts new units, the agency should seek a specific waiver or include the proposal in the approved policy initiative.
- Commission action: Only after the posts are established and funded should the Commission consider appointment or promotion. If the posts are to be filled by promotion, the agency should submit candidates through a properly constituted board; if by appointment, the Commission should advertise or follow the approved recruitment route.
- Acting arrangements: The three acting officers should be reviewed. Acting beyond the permitted period should not become a backdoor appointment. Their acting service may be considered when the posts are lawfully filled, but it creates no automatic right.
This sequence protects the Commission from approving an unlawful structure and protects the agency from later audit queries.
3. How should the Commission deal with the three acting officers and the claim that they will be paid from 'savings'?
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The Commission should not 'note' the acting appointments as if that validates them. It should direct the agency to regularise or end the acting arrangements in line with the applicable rules, and to state the authority for each acting appointment and its duration. The three officers should be told that acting does not confer a right to the post and that they will be considered only in a lawful filling process.
On 'savings', the Commission should not accept an informal assertion. The agency must show the source of the savings, the availability of funds and the approval of the appropriate financial authority. Recurrent salary commitments cannot be created from uncertain savings, because they will recur in future years. If the posts are not funded, the Commission should refuse to appoint into them. The Commission's letter should be firm, recorded and copied to the establishment and budget authorities so that the agency cannot later claim that the Commission approved the structure by its silence.