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SB Secretary to be designated as BAC Member

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SB Secretary to be designated as BAC Member

Post by Berna on Wed Mar 03, 2010 1:32 pm

Could be the Secretary to the SB be designated as BAC Member?

Section 11.2.3 The BAC for LGUs shall be composed of the ff:
a) One representative each from the regular offices under the Office of the LCE such as, but not limited to, the following: Office of the Administrator, Budget Office, Legal Office, Engineering Office, General Services Office

b) A representative from the end user unit.

The members shall elect among themselves who shall act as the Chairman and Vice-Chairman. The Chairman of the BAC shall be at least a third ranking permanent official of the procuring entity. The members of the BAC shall be personnel occupying plantilla positions of the procuring entity concerned.

Confused lang po...
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Re: SB Secretary to be designated as BAC Member

Post by Guest on Wed Mar 03, 2010 1:36 pm

Basta always take into consideration the qualifications and the rules on conflict of interest.

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Re: SB Secretary to be designated as BAC Member

Post by Niwram on Wed Mar 03, 2010 3:51 pm

that's right, before designating a BAC member always see to it that such person have the qualification for such position.. otherwise he/she is not qualified to become a BAC member..
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Re: SB Secretary to be designated as BAC Member

Post by charlie brown on Wed Mar 03, 2010 5:05 pm

Bernadette G. Driza wrote:Could be the Secretary to the SB be designated as BAC Member?

Section 11.2.3 The BAC for LGUs shall be composed of the ff:
a) One representative each from the regular offices under the Office of the LCE such as, but not limited to, the following: Office of the Administrator, Budget Office, Legal Office, Engineering Office, General Services Office

b) A representative from the end user unit.

The members shall elect among themselves who shall act as the Chairman and Vice-Chairman. The Chairman of the BAC shall be at least a third ranking permanent official of the procuring entity. The members of the BAC shall be personnel occupying plantilla positions of the procuring entity concerned.

Confused lang po...

One way is to check the Plantilla of Personnel. is the secretary to the SB an item in the SB or is it an item in the office of the LCE. If the latter then it qualifies subject to the other requirements of rank and employment status.
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Re: SB Secretary to be designated as BAC Member

Post by engrjhez® on Wed Mar 03, 2010 8:29 pm

Bernadette G. Driza wrote:Could be the Secretary to the SB be designated as BAC Member?

Section 11.2.3 The BAC for LGUs shall be composed of the ff:
a) One representative each from the regular offices under the Office of the LCE such as, but not limited to, the following: Office of the Administrator, Budget Office, Legal Office, Engineering Office, General Services Office

b) A representative from the end user unit.

The members shall elect among themselves who shall act as the Chairman and Vice-Chairman. The Chairman of the BAC shall be at least a third ranking permanent official of the procuring entity. The members of the BAC shall be personnel occupying plantilla positions of the procuring entity concerned.

Confused lang po...

No.

It is clear that only offices under the LCE are entitled to be BAC members. The Sanggunian is not. Office of the LCE pertains to the 'executive department'. The Sanggunian is a 'legislative department'.

I dont know which part confuses you but to summarize the qualification for LGU-BAC:
  1. Integrity and procurement proficiency;
  2. Plantilla position under the Office of LCE.

If the BAC member should be elected as the Chairman, he/she must be a department head. Very Happy
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Re: SB Secretary to be designated as BAC Member

Post by charlie brown on Thu Mar 04, 2010 2:01 pm

engrjhez® wrote:
Bernadette G. Driza wrote:Could be the Secretary to the SB be designated as BAC Member?

Section 11.2.3 The BAC for LGUs shall be composed of the ff:
a) One representative each from the regular offices under the Office of the LCE such as, but not limited to, the following: Office of the Administrator, Budget Office, Legal Office, Engineering Office, General Services Office

b) A representative from the end user unit.

The members shall elect among themselves who shall act as the Chairman and Vice-Chairman. The Chairman of the BAC shall be at least a third ranking permanent official of the procuring entity. The members of the BAC shall be personnel occupying plantilla positions of the procuring entity concerned.

Confused lang po...

No.

It is clear that only offices under the LCE are entitled to be BAC members. The Sanggunian is not. Office of the LCE pertains to the 'executive department'. The Sanggunian is a 'legislative department'.

I dont know which part confuses you but to summarize the qualification for LGU-BAC:
  1. Integrity and procurement proficiency;
  2. Plantilla position under the Office of LCE.

If the BAC member should be elected as the Chairman, he/she must be a department head. Very Happy

I have checked with a LGU plantilla and the Secretary to the Sanggunian is a position under the Sanggunian - which as engrjhez correctly pointed out is separate from the office of the LCE. the proper item discription though should have been Board Secretary as appearing in the IOS.
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Re: SB Secretary to be designated as BAC Member

Post by msm326 on Thu Mar 04, 2010 2:38 pm

In addition to that ...SB Secretary is not classified as a department head although in salary grade they are equivalent to those in the executive....The department head in the Sangguniang Bayan is the Vice Mayor which happens to be an elective official....... but they fall to the provisions of third ranking official because they are next in rank with the Vice Mayor (in case of SB )...nevertheless they are in the Legislative Department which was clearly pointed out earlier by some forum members.

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Re: SB Secretary to be designated as BAC Member

Post by amang'65 on Thu Mar 04, 2010 5:34 pm

the issue here is that, COULD the secretary to the SB be designated as BAC members? and not whether it is a legislative or executive department.

well i guess so, the secretary to the SB could be designated as BAC member, suppose he/she is a representative of the end-user unit and occupying a plantilla position? heh.he.he

11.2.3 The BAC for LGUs shall be composed of the ff:
a) One representative each from the regular offices under the Office of the LCE such as, but not limited to, the following: Office of the Administrator, Budget Office, Legal Office, Engineering Office, General Services Office

b) A representative from the end user unit.
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Re: SB Secretary to be designated as BAC Member

Post by riddler on Fri Mar 05, 2010 6:32 pm

May I add a liitle meat..

The Secretary to the Sanggunian is a 3rd in Rank Plantilla Position equivalent to a Department Head for LGU's.

1st Rank - Local Chief Executive
2nd Rank - Vice Mayor/Vice-Governor
3rd Rank - All Department Heads including the Secretary to the Sanggunian and the members of the Legislative

Very Happy
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Re: SB Secretary to be designated as BAC Member

Post by engrjhez® on Fri Mar 05, 2010 9:15 pm

amang1965 wrote:the issue here is that, COULD the secretary to the SB be designated as BAC members? and not whether it is a legislative or executive department.

well i guess so, the secretary to the SB could be designated as BAC member, suppose he/she is a representative of the end-user unit and occupying a plantilla position? heh.he.he

11.2.3 The BAC for LGUs shall be composed of the ff:
a) One representative each from the regular offices under the Office of the LCE such as, but not limited to, the following: Office of the Administrator, Budget Office, Legal Office, Engineering Office, General Services Office

b) A representative from the end user unit.

Let me clarify my point.

What I mean with my previous statement is the the Secretary to the Sanggunian cannot be a regular BAC member. Of course, he can sit as a provisional member when the Office of the Sanggunian is the End User. Consider this FAQ although a bit outdated:

Q: Can the Sangguniang Bayan (SB) member who is a chairman of the appropriation committee be a member of the BAC? How about the Sangguniang Bayan (SB) secretary can he/ she be allowed to be a member of the BAC?

A: No, the BAC composition in LGUs is identified under the IRR-A. of R.A. 9184 (Section 11.2.2, IRR-A), that is, members of the LGU-BAC shall come from the regular offices of the Office of the Local Chief Executive such as, but not limited to the following: Office of the Administrator, Budget Office, Legal Office, Engineering Office, General Services Office. The end user office shall always be represented in the BAC. However if the Office of the SB Member is the end-user, he may sit as provisional member of the BAC.
Also, looking in the (not so) old Handbook on Phil. Government Procurement (under the regime of IRR-A), particularly Appendix A Section 1.4:

1.4 For purposes of determining the rank, the first ranking permanent official shall be the governor, in the case of provinces, and the mayor, in the case of cities and municipalities; the second ranking permanent official shall be the vice governor, in the case of provinces, and the vice mayor, in the case of cities and municipalities; and, the third ranking permanent official shall be the head of any of the regular offices under the Office of the Local Chief Executive: Provided, however, That the vice governor or the vice mayor shall not be designated as member of the BAC as its office is not one of the regular offices under the Office of the Local Chief Executive.
But as amang1965 correctly pointed out, the Secretary to the Sanggunian may sit as an End-User (Provided that he/she is designated by the LCE) . The question now is: What differs a regular from provisional member? Regular members sit at all procurements while provisional members (for LGUs) sit only when the procurement involves the department he/she represents (provided that it is other than the representations of the regular BAC members).
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Re: SB Secretary to be designated as BAC Member

Post by Berna on Mon Mar 08, 2010 4:27 pm

THANK YOU PO FOR ENLIGHTENMENT.
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Re: SB Secretary to be designated as BAC Member

Post by hardball2963 on Wed Jun 29, 2011 9:39 pm

msm326 wrote:In addition to that ...SB Secretary is not classified as a department head although in salary grade they are equivalent to those in the executive....The department head in the Sangguniang Bayan is the Vice Mayor which happens to be an elective official....... but they fall to the provisions of third ranking official because they are next in rank with the Vice Mayor (in case of SB )...nevertheless they are in the Legislative Department which was clearly pointed out earlier by some forum members.

msm326

CSC issued the said opinion but RA 6758 or the Act prescribing A REVISED COMPENSATION AND POSITION CLASSIFICATION SYSTEM IN THE GOVERNMENT AND FOR OTHER purposes classifies SB Secretaries as lgu appointed officials with the Salary 24 as Municipal Government Department Head 1. Which way, to an opinion or to the law. Smile

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Re: SB Secretary to be designated as BAC Member

Post by RDV @ GP3i on Thu Jun 30, 2011 8:05 am

hardball2963 wrote:
msm326 wrote:In addition to that ...SB Secretary is not classified as a department head although in salary grade they are equivalent to those in the executive....The department head in the Sangguniang Bayan is the Vice Mayor which happens to be an elective official....... but they fall to the provisions of third ranking official because they are next in rank with the Vice Mayor (in case of SB )...nevertheless they are in the Legislative Department which was clearly pointed out earlier by some forum members.

msm326

CSC issued the said opinion but RA 6758 or the Act prescribing A REVISED COMPENSATION AND POSITION CLASSIFICATION SYSTEM IN THE GOVERNMENT AND FOR OTHER purposes classifies SB Secretaries as lgu appointed officials with the Salary 24 as Municipal Government Department Head 1. Which way, to an opinion or to the law. Smile

Although they may be considered as Municipal Govt Department Head, the requirement under Sec. 11 of the IRR of RA 9184 is that the members of the BAC in LGUs should be from the offices under the Office of the Local Chief Executive. the SB is not under the Office of the LCE.
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Re: SB Secretary to be designated as BAC Member

Post by hardball2963 on Thu Jun 30, 2011 9:53 am

oopppsss its salary grade 24 not salary 24..hehehe. anyway thanks sir for clarification.... Very Happy

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