Public Report on the Discriminatory Recruitment Procedures by the Public Service Commission Concerning Positions in the Forestry Department [1997] VUOM 11; 1997.8 (9 July 1997)

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DISCRIMINATORY RECRUITMENT PROCEDURES BY THE PUBLIC SERVICE COMMISSION CONCERNING POSITIONS IN THE FORESTRY DEPARTMENT

This report contains the findings of fact, opinions, views and of unlawful conduct and the recommendations of the Ombudsman pursuant to the Constitution of the Republic of Vanuatu and the Ombudsman Act No. 14 of 1995

Daily Rated Appointment
Permanent Appointment
Classification of positions within the Department

Chronology of facts
Information obtained through interviews and investigation
Conclusion on complaint

Mr Johnny Tinsley Lulu, former PS Commission member
Ombudsman’s comments
Mrs B who was appointed to the post of Asst. Accountant
Ombudsman’s comment
Mr Mathias, the Director of the Forestry Department
Ombudsman’s comment

- The PS Commission comprising of Messrs Mael, Basil, Lulu, Andeng, and Koriaru
- Mr Lesines former Deputy Director of PS Department
- Mr Mathias - Director of the Department

8.1 (1) Structure and proceedings of PS Commission to be amended
8.2 (2) Appointment laws and procedure be observed at all times
8.3 (3) All public service appointments from 1991 to 1995 be reviewed
8.4 (4) Recruitment of employees to permanent positions through the procedure under Casual Employees Manual to be stopped
8.5 (5) PS Department to stop accept the above practice
8.6 (6) Public Service laws be made accessible

"...What doth the Lord require of thee but to do justly, and to love mercy, and to walk humbly with thy God..." Micah 6 v 8.

This is a fairly minor Report dealing with a relatively small matter, but it is symptomatic of a widespread practice which is having a paralysing effect on the development of the country.

There is a very deeply entrenched opinion in a very large proportion of the country’s officials and politicians regardless of which party is in power that the occupation of an official post at whatever level, ought to give the occupant power to do whatever he likes regardless of the official procedures which put clear limits of their activities.

The appointment of friends, political cronies and relatives appears to be taken for granted as a legitimate way of paying off favours or getting an easy salary for the favoured person even if he or she has no experience, no training and sometimes very little education.

If the population will insist on allowing this practice to grow, there is no way for the country to go but down. There is little point in pursuing and promoting education and training for the young, if those who are trained are passed over in favour of "old friends" or political colleagues.

There are clear written guidelines for the officials, MPs and Minsters to follow in selecting suitable qualified candidates for posts in the public service, but these are being regularly ignored or violated in order to provide undeserved financial rewards for favourites.

I am aware that there are people who wish to continue this practice on the grounds of a custom called WANTOK, which appears to encourage the destructive growth of nepotism that is, the preferring of relatives.

I repeat, if this custom is allowed to continue the quality of administration which is already a source of disillusion and cynicism to the public will simply deteriorate further and further and discourage those who wish to seek excellence and training in public service roles.

1.1 On 11 January 1995 Mr Y lodged a complaint with the Office of Ombudsman concerning his appointment as an employee of the Forestry Department ("Department").

1.2 This complaint was directed against the Public Service Commission ("PS Commission") under the Chairmanship of William Mael ("Mr Mael"). The PS Commission is responsible for the appointment and promotion of public servants as set out under the Constitution art 60(1). Its operational functions are carried out by the Public Service Department ("PS Department").

1.3 Mr Y was recruited by the Department as a casual employee to the position of Vote Book Controller or Assistant Accountant("Asst. Accountant"). The Director of the Department, Mr Aru Mathias ("Mr Mathias") recommended that Mr Y be appointed permanent to the position of Asst. Accountant.

1.4 When the Commission met on 01/12/94, they appointed Mrs B to the position of Assistant Accountant ("Asst. Accountant") on salary scale P.8 and Mr Y as Storeman Purchasing Clerk ("Storeman") on salary scale P.5.1. Mrs B was appointed by the Commission to the Asst. Accountant position which she never specifically applied for.

1.5 Mr Y alleged that he was improperly appointed by the PS Commission to the position of Storeman within the Department because he had applied for the position of Accountant and not the position of Storeman.

1.6 The Ombudsman’s opinion is that the Commission breached the Constitution, Public Service Act ("PS Act") and the appointment procedures of the Public Service Staff Manual ("Manual"). The PS Commission wrongfully appointed Mrs B to the position of Accountant and Mr Y to the position of Storeman. The PS Department illegally bypassed the lawful recruitment procedures by appointing casual employees to permanent positions. The Ombudsman had to accordingly recommend that the PS Commission and the PS Department follow the laws and the Constitution and that these illegal practices immediately cease.

1.7 In the following months, Mr Y, unsatisfied, resigned and Mrs B was transferred to another Department because her position did not exist.

2.1 Pursuant to arts 62(1) and 62(2) of the Constitution and s14(1) of the Ombudsman Act No.14 of 1995 ("Act") the Ombudsman has jurisdiction to investigate into administrative defects and improper administrative practices.

2.2 Accordingly, the Ombudsman conducted an enquiry into Mr Y’s complaint to determine whether his allegation was true and whether the PS Commission's decision was made according to law and fairly.

- whether the appointment procedures of the Manual and Casual Employees Manual("CE Manual") the Public Service Act and the Constitution were followed regarding Mr Y’s recruitment into the Forestry Department and his subsequent appointment.

3.1 S16(4) of the Ombudsman Act states that the Ombudsman is not obliged to hold a hearing and no person has a right to be heard by the Ombudsman unless a report of the Ombudsman will affect a person or body. In those cases the person or body concerned is given the opportunity to reply or comment on matters that may affect them. Likewise where an opinion is published that is adverse to or derogatory of any person/body any statement of explanation or defence by the responsible person/body is to be included in the Ombudsman’s public report.

(a) Members of the PS Commission at the time of the appointment of the Accountant in the Forestry Department

(c) Mr Mathias the Director of the Forestry Department and Mrs B who was appointed to the post of Asst. Accountant in the Forestry Department.

The Prime Minister or the Chairman of a Local Government Council may, exceptionally, make provision for the recruitment of staff for a specified period to meet unforeseen needs.

In urgent cases, the Public Service Commission may, after consulting the Ministers responsible for Finance and public administration make such a decision instead of the Prime Minister.

4.2 The Commission is given the mandate under art 60 of the Constitution to appoint and promote public servants. The Commission is not subject to the direction or control of any other person or body in the exercise of its functions.

4.3 S2 of the PS Act gives the Commission all powers necessary to perform the functions and carry out the duties vested in it by the Constitution.

4.4 Clause 1.3 of the CE Manual states that employees shall only be engaged if adequate budgetary provisions have been made by the employing department.

4.5 According to the CE Manual the qualifications required for Daily Rated appointment is decided by the Director of Public Service (s.1.1). Accordingly Annex A II of the CE Manual provides the qualifications and/or experience required for the different grades/categories that apply to an individual (see Appendix "A"). Annex A II of the CE Manual is therefore determined by the Director of the PS Department. The minimum level of education for a daily rated employee is completion of primary school. Assessment of individual applicants for employment from among those qualified (as per Annex A II) is done by the head of the employing department (s 1.2).

4.6 Annex A II is directed specifically at menial and labouring jobs. The rates of pay are therefore low. The purpose of the CE Manual is to provide the machinery for Heads of Department to recruit cleaners and drivers and so forth without the need of going through the PS Department or PS Commission.

4.7 What is happening is that in order to avoid the recruitment procedures required by the Manual for public servants (non-menial jobs), Heads of Departments are recruiting management and other positions of responsibility as daily rated employees. These appointees are paid on the daily rate scale but are then, as a further breach of the selection machinery in the Constitution and Manual, made permanent appointees. These people then go on the pay scale per the Manual and become permanent public servants. This is illegal.

4.8 A daily rated employee can not legally be made a permanent employee as requirements of the Manual apply to daily rated employees. The recruitment of persons to permanent positions can only be done through the normal procedures set out in the Constitution, Public Service Act and the Manual. The CE Manual only applies to a limited category of menial jobs. In other words the daily rated employee must apply along with everyone else in the ordinary way for the majority of the permanent positions offered by public service.

4.9 The Manual sets out the procedure for permanent appointment (Clauses 3.11 to 3.19) which is relevant to this case. In summary the procedure is as follows:

(a) Vacancies are to be approved by the Minister for Public Service ("Minister"). All job descriptions and advertisement are submitted for prior approval to the Minister.

(b) When all applications are received, they are sent to the recruiting department. The head of that department makes his recommendations and returns the applications to PS Department.

(c) The PS Department submits all these applications to the Commission. After the Commission makes its decision a letter of acceptance is sent out to the successful applicant.

(d) Temporary appointments are approved by the Minister of Public Service where a vacancy exists and needs to be filled in urgently. This is pending normal recruitment procedures or where a temporary vacancy exists for a short period (three months or less), awaiting the return of the substantive holder of the post. The Minister must be satisfied that a vacancy exists and sufficient money is available before the appointment is made. Temporary appointments are made within a specified period. This is provided for under art 57(4) of the Constitution.

4.10 It is helpful to get out exactly what the requirements of the various positions are:

(a) Enter and maintain the department votebook and records of revenue collected;

(b) enter details of the commitment and expenditure of departmental funds in votebook;

4.12 The Asst. Accountant and Vote book Controller are no different. A vote book is a record of all transactions of income and expenditure of a department. Evidence from the Department revealed that there is no position for an Asst. Accountant/Vote Book Controller and what happened at that time was that Mr Y was performing the functions of the Accountant. The Asst. Accountant does not have a job description. Mr Y was recruited as an Asst. Accountant but was performing all the duties and responsibilities of the Accountant.

(a) Purchase of stores, both local and abroad to meet the Department’s operational requirements, ensuring that stores of the most appropriate quality and price are bought;

(b) Keep the Department’s storeroom at Tagabe stocked with the appropriate level of consumable and non-consumable stores;

5.1 The facts set out below by chronological order revealed by information gathered from interviews and investigation by the Ombudsman’s Office.

Date	Event
13/04/94	The PS Department placed an internal advertisement (aimed at members of the Public Service) for an accountant on salary scale P.5 within the Forestry Department. See appendix "A".

23/05/94	A list of applications including Mr Y’s was sent to Mr Mathias the Director of Forestry Department.

06/06/94	Mrs B wrote a letter of application to the Deputy Director of PS Department, Mr André Lesines ("Mr Lesines") attaching her curriculum vitae seeking employment as an accountant within the PS Department. (Refer to Appendix "B").

20/06/94	Mr Y was recruited as a casual employee by the Forestry Department on the salary scale of C4.4. because an accountant was needed urgently.

29/06/94	Mr Mathias forwarded a memorandum to the PS Department notifying them that Mr Y was still waiting for permanent appointment for the post of accountant P.5.

03/08/94	PS Department advertised for Storeman’s position on P.5. in the Forestry Department.

04/10/94	Mr Mathias sent a second memorandum to the PS Department informing it that Mr Y was still waiting for permanent appointment.

26/10/94	Despite advertising for an Accountant the submission form from the PS Department to the PS Commission requested the PS Commission to appoint an Asst. Accountant and not an Accountant. See appendix "C".

01/12/94	The PS Commission met and appointed Mrs B to the non-existent permanent position of Asst. Accountant on P.8 and Mr Y to the position of Storeman on P.4 in the Forestry Department. Refer to appendix "D".

09/12/94	The letter of appointment for the position of Clerk was sent to Mr Y notifying him that his appointment was effective as of 16/12/94. See appendix "E".

09/01/95	Mrs Maria Crowby("Mrs Crowby") wrote informing Mr Y that the PS Commission confirmed its decision that he be appointed as Clerk.

10/01/95	Mr Mathias wrote to the PS Commission expressing concern that his Department did not have the budget to pay Mrs B at P.8. The post of accountant was advertised on P.5 a lower salary level, not P.8. Mr Mathias recommended that Mrs B be transferred to another department.

12/01/95	Mr Y accepted the post of the Clerk but insisted on doing the work of the Accountant.

31/07/95	Mr Y sent his letter of resignation to Mrs Crowby.

08/09/95	Mrs Crowby notified Mr Y that the PS Commission had approved his resignation.

19/09/95	The PS Department requested the Finance Department to pay Mr Y’s outstanding leave.

5.2 The PS Department placed an advertisement for an Accountant within the Forestry Department which was dated 13/04/94. However, when the submissions were sent to the Commission the PS Department requested that the Commission appoint an Asst. Accountant from the list of applicants to the Department rather than an Accountant.

5.3 There were 22 applications to the PS Department excluding Mrs B’s which did include five suitable candidates for the post of Accountant. However most of the applicants did not have experience in accounting. Mrs B’s application was not amongst these.

5.4 From the five suitable applications the most suitable candidate was working in the Department of Finance, Mr X. Mr X had a Diploma in Business and Finance from the Solomon Islands College of Higher Education and one year’s work experience with the Accounts Section of the Department of Public Works. The other four candidates had no practical experience.

5.5 Mr Y did not have any accounting or financial qualifications. His practical experience was limited to his previous employment in the Salaries Section of the Finance Department. At that time (1992-1993) Mr Y was a casual worker who was filling a vacancy after the general strike of 1992. Mr Y was terminated by the Finance Department for showing confidential information on the office computer to some people from outside. He was young at the time of his employment in the Salaries Section.

5.6 On the other hand Mrs B who was appointed to the job had a Certificate from Institute National de Technologie de Vanuatu(INTV). At the time she did not attach a copy of her certificate with her CV so the PS Commission would not have known what she specialised in. Mrs B had 2 years experience as a secretary in various jobs and 2 years accounting experience from her previous employment with Smet Ltd.

5.7 The PS Department at no time during the processing of the applications saw Mrs B’s application. As shown in the chronology (06/06/94) Mrs B wrote directly to Mr Lesines; therefore Mr Lesines would have been the only person who knew about Mrs B’s interest in seeking a job as a secretary or Asst. Accountant. During Mr Lesines’ time as Deputy Director he attended the Commission meetings regularly.

5.8 Mr Mael who was the Chairman of the Commission at the time of the appointments stated that he did not see the applications for the post of Accountant. Evidence obtained from Mr Mael and Mr Basil showed that they had not seen Mr Mrs B’s application. However, there was an oral recommendation from one of the Directors of the PS Department to appoint Mrs B as Asst. Accountant. Mr Mael does not remember whether it was Mr Lesines or Mrs Crowby. At that time, the Director responsible for PS Department was Mrs Crowby. The Commission’s reason for making the appointment of Mrs B according to Mr Mael were:

(a) Mrs B was doing the job of Asst. Accountant before while the holder of the post was away on study leave in Fiji.

(a) Mr Y was appointed Storeman as the post was vacant. Mr Mael said there were no applications for this post.

(b) The Commission thought the job of Storeman required someone who could do manual work so it was given to Mr Y as he was male.

5.10 Mr Basil, a member of the PS Commission stated that the PS Commission appointed Mr Y to the post of Storeman as he was already in the Department despite Mr Mathias’ recommendation to appoint him Asst. Accountant.

5.11 Mr Mael also said in his statement that "he knew it was against the law to appoint someone to a post when that person did not apply for the job but the Commission has the right to appoint whoever they want."

5.12 Mrs B had been politically appointed twice in 1994 as Secretary/Typist by the former Prime Minister Honourable Mr Maxime Carlot Korman and Honourable Sethy Regenvanu who was Acting Prime Minister in November 1994 to the Ministry of Agriculture which was at that time under Minister Thomas Brothi Faratia, a UMP member (see Appendix "F" and "G").

5.13 As noted in the chronology Mr Mathias’ letter dated 10/01/95, shows that he was not satisfied with the appointments. He did not have the budget to pay Mrs B therefore he requested that she be transferred elsewhere. He added that Mr Y should remain as Asst. Accountant as he was more useful there than being a Storeman.

5.14 Mr Mathias said to the Ombudsman that at the time of Mrs B’s appointment, he had no knowledge of Mrs B’s interest in the post of Asst. Accountant within his department. In an interview with the Ombudsman Mr Mathias stated that the post of Clerk was already occupied by Mr Camille Atuary so he wanted Mr Y to perform the functions of Asst. Accountant.

5.15 Even though Mr Y had the right to report this case of maladministration to me, I found from the list of candidates that another candidate Mr X was more suitable for the post of Asst. Accountant. Mr Y’s recruitment to the post of Asst. Accountant was illegal as it was in breach of the procedures set out in clauses 3.11 to 3.19 of the Manual. Mr Y did not have any experience or qualifications in accountancy. His previous experience was unrelated to his ultimate appointment to Asst. Accountant in the Forestry Department. Mr Y’s termination in the Finance Department was one major factor which was unfavourable to his application.

6.1 Mr Lulu sent a 3 page letter replying to my preliminary report. He stated that:

- The PS Commission went through a very hard and difficult transactional [sic transitional] period during the period of this particular appointment. This was because of the change of government.

- During the change of government there were political interferences in all sectors, the public service, statutory bodies and private. Then there was the civil servants strike which saw the sacking of 400 civil servants. All of these would be political interferences if you wish to call it that.

- All appointments made in 1991 to 1995 are some what connected with politics but the PS Commission carefully balances the situation in making sure that all appointments must be made not to discriminate/politically but by merit. *See appendix "H".

6.2 As to the appointments made in this report Mr Lulu said the PS Commission had carried out its function at the time of hardship without any discrimination. The PS Commission took into consideration whether Mr Y or Mrs B were suitable candidates taking into account Mr Y’s previous employment record.

6.3 Mr Lulu stated that during the period from 1991 to 1995 there were a lot of political interferences in the public service and elsewhere. Therefore, most of the appointments during that time may be questioned; such as in this case. Yet in the same breath Mr Lulu contradicts himself by saying that the PS Commission did not breach their duty.

6.4 Supposing Mrs B had applied for the job of Asst. Accountant then Mr Lulu’s explanation would have been reasonable. Mrs B’s appointment did not follow the proper legal procedures for permanent appointment. There was another candidate who was more qualified than her who was Mr X from the Finance Department. He was not appointed. His application was ignored by the PS Commission.

6.5 If the PS Commission appointed candidates according to merit then the person most qualified for the post of Asst. Accountant would have been Mr X as outlined in paragraph 5.4.

6.6 Mrs B’s reply is marked annexure "I". She stated in her reply that she was happy that the PS Commission appointed her to the position of Asst. Accountant within the Forestry Department. She stated that she did not know what happened between the PS Department and the PS Commission.

6.7 Mrs B said she did not have any affiliation with political people and did not want to involve herself with politics. She stated that Mr Lesines was a friend of hers.

6.8 Mrs B admits she knew Mr Lesines as a friend. Although Mrs B said she did not have connections with political parties she worked as a political appointee in the Ministry of Agriculture, Livestock, Forestry and Fisheries from the periods of 04/03/94 - 04/04/94 and 22/09/94-24/10/94. Refer to appendix "G" and "H".

6.9 Mr Mathias’ reply is annexure "J". He said that it took a very long time for the application for the accountant to be processed by PS Commission. Mr Mathias said that he had recommended Mr Y to the post of Asst. Accountant. He said that he was advised by PS Department that if he wanted that person at the earliest then he may be recruited on a temporary basis and await his proper appointment. Mr Mathias said " I had no intention nor any plan to recruit anyone illegally even Mr Y".

6.10 Mr Mathias blamed the PS Department for not advising him that the recruitment would be illegal and that he would have to wait. He said the PS Department prepared the letter of Daily Rated Employment and he had no input into this nor did he try to influence or force PS Department to make this appointment.

6.11 Mr Mathias should not be putting the blame on PS Department as all Heads of Department are expected to know the public service laws and procedure and should they need any advice, they have the Attorney General’s Chambers to assist them. However, it is regrettable that PS Department did not nevertheless point out the legalities to a newly appointed Director.

The PS Commission comprising of Messrs Mael, Basil, Lulu, Andeng, and Koriaru

7.1 The commissioners breached their constitutional duty and the public service laws by failing to act independently and fairly when they followed Mr Lesines’ recommendation without satisfying themselves that the applications were processed properly following the standard public service laws and procedures.

7.2 The commissioners failed to take into account major essential considerations that are mandatory before any appointment including:

(b) That all the applications were considered and that the most qualified and suitable person for the job, i.e based on merit, was appointed;

(c) That the position existed (in this case the PS Commission created one P.8 Accountant position forcing the Forestry Department to spend more money). The creation of an additional permanent position on P.8 salary scale in the Forestry Department on a political basis has contributed to the inefficiency of the Public Service. In the end result because the Forestry department could not afford to pay Mrs B’s position the PS Commission transferred her to the Department of Ports and Marines;

7.3 In my opinion the commissioners breached the Leadership Code by reason of their incompetence and their negligence as outlined above.

7.4 It also appears that they placed themselves in a position in which they have or could have a conflict of interests or in which the fair exercise of their public or official duties might be compromised because Mrs B was appointed politically rather then on merit. They have therefore demeaned their positions by their actions.

7.5 The public of Vanuatu has a right to expect the members of the PS Commission to act in the best interest of the Public Service and not to be manipulated by a Director who wants to appoint a person with a similar political colour or a friend.

7.6 Mr Lesines breached the laws governing Public Service by not following the proper recruitment procedures set out in the Manual. He has also interfered with the PS Commission’s constitutional duty to act independently. In my opinion he may have committed an offence under s20 of the PS Act which prohibits interference with the independent functioning of the PS Commission.

7.7 As a result of finding No. 6 I consider that Mr Lesines breached the Leadership Code like the PS Commission. His actions have demeaned his office and he has placed himself in a position in which he has a conflict of interest in which the fair exercise of his official duties might be compromised.

7.8 Mr Mathias as Head of the Department did not follow the appointment procedures of the Manual by recruiting Mr Y to the post of Asst. Accountant before the PS Commission formally made the appointment of Asst. Accountant. Mr Mathias used the procedures set out in the Casual Employees Manual. These procedures cannot be used for recruiting permanent employees. Therefore Mr Mathias’ appointment of Mr Y was illegal however he has a reasonable excuse as he was new to the position and " had no Executive or even a Financial Officer". The application took "ages to go through" and he was advised by "PS Department that if he wanted that person at the earliest then that person may be recruited on a temporary basis and await his proper appointment". See appendix marked "J".

RECOMMENDATION NO. 1: STRUCTURE AND PROCEEDINGS OF PS COMMISSION TO BE AMENDED

8.1 The PS Commission has very limited human resources. It appears that the PS Commission has a small office with no support staff.

(a) At the moment the only assistance given to the PS Commission comes from the PS Department. If the PS Department gives assistance it should do it professionally by making sure that all applications are processed properly and have all necessary documents such as qualifications of all applicants to enable the PS Commission to appoint candidates on merit. If the PS Commission is not satisfied that all the legal requirements are met they should not make an appointment. The PS Commission should never allow itself to be directed by the Directors of PS Department or anyone else for that matter.

(b) The PS Department is under the direct supervision and authority of the Prime Minister. This is unsatisfactory as far as the independent status of PS Commission is concerned. For example, the PS Department submission form has the Prime Minister’s recommendation and may influence the PS Commission in its decision making.

(c) I consider that the solution would be to strengthen PS Commission by giving it more advisers and more qualified staff in order to re-establish its independence or by transferring the PS Department under the authority of the PS Commission to facilitate their management and to strengthen the independence of the Public Service cutting it from the direct political interference of the Prime Minister who is now the Minister responsible for PS Department. I understand that similar recommendations have been issued by the recently appointed Comprehensive Reform Program Task Force.

RECOMMENDATION NO. 2: APPOINTMENT LAWS AND PROCEDURE BE OBSERVED AT ALL TIMES

(a) proper appointment procedures are followed and appointments are made based on qualifications and merit;

RECOMMENDATION NO. 3: ALL PUBLIC SERVICE APPOINTMENTS FROM 1991 TO 1995 BE REVIEWED

8.3 If all public service appointments have been done in an irregular manner as stated by Mr Lulu from 1991 to 1995 then all the appointments should be reviewed.

RECOMMENDATION NO. 4: RECRUITING OF EMPLOYEES TO PERMANENT POSITIONS THROUGH THE PROCEDURES UNDER CASUAL EMPLOYEES MANUAL TO BE STOPPED

8.4 As most Directors of Government departments have been recruiting employees to permanent positions through the procedures in the Casual Employees Manual I recommend that this practise be stopped immediately. It is an illegal practice. All the previous appointments should be reviewed and annulled if this is so and the positions should be advertised.

8.5 The PS Department is to stop accepting this practice and advise all Heads of Departments that the proper way to recruit employees to permanent positions is by the procedures set out in clauses 3.11 to 3.19 of the Manual.

8.6 All Heads of Departments and public servants are to have access to all laws governing the public service, and may be a summarised presentation should be prepared by the PS Department and distributed freely in the Public Service.

In accordance with art 63(4) of the Constitution and s23 of the Ombudsman’s Act No.14 of 1995, I am forwarding a copy of this report to the President of the Republic of Vanuatu and the Prime Minister who is Minister responsible for Public Service and the relevant public authorities. According, to the Constitution their duty is to "decide upon the findings of the Ombudsman within a reasonable time and the decisions, with reasons, shall be given to the complainant forthwith".

I therefore request all the appropriate authorities to decide upon these findings within 21 days upon the date of receipt of this report:

Annex "A"	A II of the Casual Employees Manual
Annex "B"	Letter of job application by Mrs B
Annex "C"	Advertisement form for Accountant
Annex "D"	Minutes of meeting by PS Commission
Annex "E"	Letter of Appointment to Clerk
Annex "F"	Mrs B’s letter of Appointment I
Annex "G"	Mrs B’s letter of Appointment II
Annex "H"	Mr Lulu’s Reply
Annex "I"	Mrs B’s Reply
Annex "J"	Mr Mathias’ Reply

Vanuatu Ombudsman's Reports

Public Report on the Discriminatory Recruitment Procedures by the Public Service Commission Concerning Positions in the Forestry Department [1997] VUOM 11; 1997.8 (9 July 1997)