BAC SECRETARIAT

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BAC SECRETARIAT

Post by aljune70 on Sat Apr 04, 2009 5:02 pm

Section 14.2 of the IRR of RA 9184 states that "The head of the Secretariat xxx shall be at least a third ranking permanent officer in bureaus, regional offices and sub-regional/district offices, or if not available, a permanent employee of the next lower rank."

In line with this, will an institution be violating this provision if they designate an Administrative Aide III (Clerk I) to be the BAC Secretariat? Question
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Re: BAC SECRETARIAT

Post by engrjhez® on Sat Apr 04, 2009 8:21 pm

aljune70 wrote:...will an institution be violating this provision if they designate an Administrative Aide III (Clerk I) to be the BAC Secretariat? Question
Let us quote the IRR once again:

  • 14.2. The head of the Secretariat in central offices shall be at least a fifth ranking permanent employee or, if not available, a permanent official of the next lower rank; or shall be at least a third ranking permanent employee in bureaus, regional offices and sub-regional/ district offices, or if not available, a permanent employee of the next lower rank.

In my humble opinion of the underlined, the selection of the lower rank shall only be allowed if third ranking officials are not available. Appointing an Admin Aide III may cause demoralization especially when there exists higher ranked officials. Ethically speaking, you cannot place Clerk II's in a BAC Secretariat where the Head is a Clerk I. Very Happy

Will they be violating? I think so. Suspect
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Re: BAC SECRETARIAT

Post by RDV @ GP3i on Sun Apr 05, 2009 1:47 pm

aljune70 wrote:Section 14.2 of the IRR of RA 9184 states that "The head of the Secretariat xxx shall be at least a third ranking permanent officer in bureaus, regional offices and sub-regional/district offices, or if not available, a permanent employee of the next lower rank."

In line with this, will an institution be violating this provision if they designate an Administrative Aide III (Clerk I) to be the BAC Secretariat? Question

Was the Admin. Aide III designated as the head of the BAC Secretariat or a member of the BAC Secretariat?
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BAC SECRETARIAT

Post by aljune70 on Mon Apr 06, 2009 3:01 pm

The Admin Aide III is currently designated as the Head of the Bac Secretariat. Previously, the employee is designated as a BAC Secretariat Staff. The former head of the BAC Secretariat resigned from the designation and focused on being a Supply Office personnel. The current Head of the BAC Secretariat dutifully performs the duties attached to the position, though is apprehensive due to the provisions of the IRR.


Last edited by aljune70 on Mon Apr 06, 2009 3:11 pm; edited 1 time in total (Reason for editing : to expound reply.)
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BAC SECRETARIAT

Post by aljune70 on Mon Apr 06, 2009 3:20 pm

One of the reasons why a Clerk I was appointed as Head of the BAC Secretariat is because no personnel of higher rank would accept the designation due to the amount of work attached to the position. Another one is that the Clerk I, even as a BAC Secretariat staff before, showed diligence in performing the duties and responsibilities of being part of the BAC Seretariat, thus, the current designation. The Clerk I works FULL-TIME as Head of the BAC Secretariat, since the designation and there are only two (2) members of the subject BAC Secretariat: the Head and an Assistant, both Admin Aide III (Clerk I). By accepting the designation, who is in more risk: the Procuring Entity or the Head of the BAC Secretariat, in relation to the legal and ethical implementation of the IRR of RA 9184? Question pale


Last edited by aljune70 on Mon Apr 06, 2009 6:50 pm; edited 1 time in total (Reason for editing : additional info.)
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Re: BAC SECRETARIAT

Post by engrjhez® on Mon Apr 06, 2009 11:41 pm


Based on your elaboration, NO ONE. The "unavailability" was artificially introduced by refusal of higher officials (up to the third ranks). Nevertheless, I would like to point out some important implications on your case:

  • The composition of the BAC Secretariat must be appointed by the Head of the Procuring Entity (HOPE);

  • Since it is the HOPE who initially appoint the several others who rejected the appointment, they may be subject to command insubordination;

  • Also, since the higher ranking Administrative staff(s) refused the appointment, they automatically waive their right to contest the appointment of a lower ranked official;

  • If the Clerk I (both the head and the assistant/member) were both serving as procurement employees, they shall not be entitled to honoraria (although they may still claim OT's);

Time will tell when the new Head of the BAC Secretariat will accept his/her upcoming promotion. An excellent BAC performance is very influential as the kind of job he/she makes takes first hand results to the Head of the Agency.
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Re: BAC SECRETARIAT

Post by RDV @ GP3i on Tue Apr 07, 2009 10:34 am

aljune70 wrote:One of the reasons why a Clerk I was appointed as Head of the BAC Secretariat is because no personnel of higher rank would accept the designation due to the amount of work attached to the position. Another one is that the Clerk I, even as a BAC Secretariat staff before, showed diligence in performing the duties and responsibilities of being part of the BAC Seretariat, thus, the current designation. The Clerk I works FULL-TIME as Head of the BAC Secretariat, since the designation and there are only two (2) members of the subject BAC Secretariat: the Head and an Assistant, both Admin Aide III (Clerk I). By accepting the designation, who is in more risk: the Procuring Entity or the Head of the BAC Secretariat, in relation to the legal and ethical implementation of the IRR of RA 9184? Question pale

Aljune70, it is not only the amount of work attached to the position of head of BAC Secretariat, but equally, if not more importantly, the responsibility attached to the designation should also be considered. I hope she/he is aware of it.

It is good that the Clerk showed diligence in exercising the responsibility, as one of the basis in the appointment is procurement proficiency, aside from integrity.

As to your question on who is at more risk in relation to legal and ethical consideration, you have to consider that the responsibility in designating the head and membership of the BAC Secretariat is with the HOPE. The IRR provides the ranking to guide him/her in the designation, taking into consideration the availability of personnel. If there are available personnel, but would not accept the responsibility, the HOPE has to assess the situation, whether that would be acceptable to him/her. Because, as engrjhez puts it, those personnel could be held accountable by the HOPE for insubordination.

By designating a lower ranking personnel, the HOPE took the risk that the former would be able to do his/her job as Head of the BAC Secretariat. The HOPE knows that the Secretariat serves as "the main support unit of the BAC". To emphasize its importance the law, aside from making mandatory its creation, allows the designation of an existing organic office to serve as such, or reorganizing the same and redeploying personnel to it to perform the numerous functions of the Secretariat. For all we know, the Clerk could perform the job better than the others, but the HOPE should be more accountable if the Clerk commits violations of the GPRA and its IRR-A because he/she is not properly equip to handle the responsibility. The HOPE cannot escape responsibility.
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BAC SECRETARIAT

Post by aljune70 on Tue Apr 07, 2009 2:11 pm

Thank you so much for the insights. The Head of the BAC Secretariat is aware of the responsibilities and accountabilities attached to the position, it is just hoped that the HOPE and other officers in the institution are just as.

God bless! Smile
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Re: BAC SECRETARIAT

Post by engrjhez® on Tue Apr 07, 2009 9:29 pm

RDV wrote:
As to your question on who is at more risk in relation to legal and ethical consideration, you have to consider that the responsibility in designating the head and membership of the BAC Secretariat is with the HOPE...

By designating a lower ranking personnel, the HOPE took the risk that the former would be able to do his/her job as Head of the BAC Secretariat. The HOPE knows that the Secretariat serves as "the main support unit of the BAC". To emphasize its importance the law, aside from making mandatory its creation, allows the designation of an existing organic office to serve as such, or reorganizing the same and redeploying personnel to it to perform the numerous functions of the Secretariat. For all we know, the Clerk could perform the job better than the others, but the HOPE should be more accountable if the Clerk commits violations of the GPRA and its IRR-A because he/she is not properly equip to handle the responsibility. The HOPE cannot escape responsibility.
Of course (nga pala).We always seem to forget the consequences of our actions. Of course, the HOPE is always at the mercy of the BAC, and the BAC is at the mercy of the BAC Secretariat; which in turn we may conclude later that the HOPE is also at the mercy of the BAC Secretariat.

Many of the BACs (and even HOPEs) didn't realize that the approval of the HOPE is not ministerial (while most of the BAC Secretaries knew this beforehand). Every decision he/she makes always make him/her responsible. That is also why the HOPE can always DISAPPROVE a BAC resolution if it is not legally, technically, and financially sound, or when it may, uh, take him/her down the courts! pale


Very Happy
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