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Municipal Administrator as BAC Chairman

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Municipal Administrator as BAC Chairman

Post by goldlemon789 on Sun Mar 18, 2012 4:49 am

Recently, our COA issued an Audit Observation Memo questioning the validity and propriety of the Mun. Adm. as the BAC Chiarman contending that, as a coterminous employee, it is not a "permanent employee" as required by RA9184 and its IRR.

We submitted that a Mun. Adm. is a "permanent employee", citing the definition of the Civil Service Commision that a "permanent" employee is one who meets all the eligibility requirements provided by law, not to mention that it a a "plantilla position" and a 3rd ranking official of a regular office under the office of the mayor in the LGU, and is in accordance with the GPPB resolution defining what a 3rd ranking official in LGU is. The Mun. Adm. was among those appointed by the LCE to be members of the BAC, and was voted among the BAC members to be the Chairman.

Does COA have any legal basis to question to propriety and legality of the Mun. Adm. as Chairman of the BAC?





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Re: Municipal Administrator as BAC Chairman

Post by Jovinal on Sun Mar 18, 2012 2:11 pm

This may guide you and your auditor:

NPM No. NPM 079-2004
Date 6/3/2004
Requesting Entity Office of the Provincial Governor of Sultan Kudarat
Subject Designation of the Provincial Administrator as Member of the Bids and Awards Committee
Issues/Concern Whether or not the Provincial Administrator may be designated as member of the BAC.

Section 11.2.1 of the said IRR-A clarifies that the term “permanent” shall be understood to refer to a plantilla position within the procuring entity. The term “permanent” does not refer to whether the person holding the plantilla position is contractual, regular, appointed, or coterminous; rather, the term specifically refers to whether or not the position exists within the organizational structure of the procuring entity.

For this reason, any person holding a position within the organizational structure of any of the regular offices under the Office of the Local Chief Executive of the Local Government Unit, regardless of the person’s employment status, may be designated by the Local Chief Executive as member of the BAC.

It should be noted, however, that R.A. 9184 and its IRR-A under Sections 11 and 11.2.5 respectively, prohibits membership of the head of the procuring entity and/or the approving authority in the BAC. This prohibition is clearly not limited to heads of procuring entities but extends to those positions which have the authority to approve contracts so as to prevent any possible abuse of power or authority. In this regard, if a position is espoused with the power to approve or disapprove contracts, any person holding such position cannot be designated as a member of the BAC.

In view of the foregoing, we are of the opinion that the Provincial Administrator may be designated as member of the BAC considering that it is a plantilla position in the LGU. However, in the event the Provincial Administrator exercises or is given the authority to approve or disapprove contracts, it can no longer be designated as member of the BAC.

Based on the above view, he can be designated as a BAC member and subsequently elected by the members as BAC chairman
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Re: Municipal Administrator as BAC Chairman

Post by Baladette on Tue Mar 20, 2012 12:33 pm

Jovinal wrote:.

Based on the above view, he can be designated as a BAC member and subsequently elected by the members as BAC chairman

as long as he does not do the approval...
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Re: Municipal Administrator as BAC Chairman

Post by sunriser431 on Mon Apr 02, 2012 8:53 pm

goldlemon789 wrote:Recently, our COA issued an Audit Observation Memo questioning the validity and propriety of the Mun. Adm. as the BAC Chiarman contending that, as a coterminous employee, it is not a "permanent employee" as required by RA9184 and its IRR.

We submitted that a Mun. Adm. is a "permanent employee", citing the definition of the Civil Service Commision that a "permanent" employee is one who meets all the eligibility requirements provided by law, not to mention that it a a "plantilla position" and a 3rd ranking official of a regular office under the office of the mayor in the LGU, and is in accordance with the GPPB resolution defining what a 3rd ranking official in LGU is. The Mun. Adm. was among those appointed by the LCE to be members of the BAC, and was voted among the BAC members to be the Chairman.

Does COA have any legal basis to question to propriety and legality of the Mun. Adm. as Chairman of the BAC?
Latest opinion of the GPPB (NPM 28-2012). Follow the LINK . bounce
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Re: Municipal Administrator as BAC Chairman

Post by Jovinal on Mon Apr 02, 2012 9:56 pm

Thank you for the update Sir Sunriser.
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Re: Municipal Administrator as BAC Chairman

Post by sunriser431 on Mon Apr 02, 2012 11:35 pm

Jovinal wrote:Thank you for the update Sir Sunriser.
as always, you are welcome. bounce
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Re: Municipal Administrator as BAC Chairman

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