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BAC chairman is the Chief of Staff of Mayor ?
Philippine Government Procurement :: RA 9184 Implementing Rules and Regulations Part A (IRR-A) :: Procurement Organizations
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BAC chairman is the Chief of Staff of Mayor ?
The Chief of Staff of the Mayor is the Head of BAC, is this allowed under the Law? is there any conflict of interest that arises?
As far as CSC rules on appointment, a Chief of Staff is a non career position, a non plantilla position, and is not consider a permanent position but rather a co terminus confidential position.
As far as CSC rules on appointment, a Chief of Staff is a non career position, a non plantilla position, and is not consider a permanent position but rather a co terminus confidential position.
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Re: BAC chairman is the Chief of Staff of Mayor ?
jose wrote:The Chief of Staff of the Mayor is the Head of BAC, is this allowed under the Law? is there any conflict of interest that arises?
As far as CSC rules on appointment, a Chief of Staff is a non career position, a non plantilla position, and is not consider a permanent position but rather a co terminus confidential position.
The requirement under the IRR for the BAC Chairman is that he/she should be at least 3rd ranking permanent official in the LGU. In other words, at least a department head. The term "permanent" refers to a plantilla position. So, even if the position is co-terminus, it is allowed, just as a MUnicipal Administrator, which is a co-terminus position, could also be a Chairman of the BAC.
There may not necessarily be a conflict of interest. However, if the Mayor is using the Chief of Staff to influence the members of the BAC to take a position that favors a particular bidder or not follow the required bidding procedures, then that could fall into that and that is could be criminally punishable.

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Philippine Government Procurement :: RA 9184 Implementing Rules and Regulations Part A (IRR-A) :: Procurement Organizations
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