FRAMEWORK FOR PROFESSIONALISATION OF LOCAL GOVERNMENT

1. Welcome… FRAMEWORK FOR PROFESSIONALISATION OF LOCAL GOVERNMENT PRESENTATION TO THE MUNICIPAL MANAGERS FORUM 29 -30 APRIL 2013 1

2. BACKGROUND • The LG Turnaround Strategy (LGTAS) adopted by Cabinet on 2 December 2009 recommended the professionalization & administrative stabilisation of LG; • The SALGA national conference held in Durban on the 29 August 2011 to 1 September 2011 endorsed the resolutions of the SALGA HRM policy conference held on the 6-8 September 2010 in Polokwane, which detailed different mechanisms to bring about the reforms envisaged by LGTAS; • The research on professionalization and its impact on Local Government led to a concept paper which was widely consulted upon: • The results of the extensive consultation process led to the development of a Professionalization Framework for Local Government by SALGA and COGTA. • The framework was approved by the HRD&CB Working Group and the NEC.

3. Professional Ethics In promoting improved standards of professional behaviour and conduct in local government, a particular emphasis must be placed on the observance by both elected and appointed officials of professional ethical principles and values. As such the principles following are embraced by the framework as mandatory for all local government officials: • Selflessness; Stewardship; Integrity; Impartiality and Fairness; Objectivity; Honesty; Confidentiality; Accountability and Openness; Political Neutrality; Respect for Others; Constitutional and Legal Duty; Leadership.

4. FORMS OF PROFESSIONALISM Different forms of professionalism identified by the framework: • Local Government Service Orientation This relates to the conformance by all elected and appointed officials to high standards of professional ethics, conduct and behaviour appropriate to serving the public. This will be achieved through programmes linked to Batho Pele and the Codes of Conduct in the Municipal Systems Act. • Managerial and leadership professionalism This will entail competence (knowledge and skills) and a high level of analytical ability in a wide array of areas or disciplines such as governance, strategic capability, leadership, policy analysis and development, programme and project management, human resource and financial management, change and risk management, knowledge management, service delivery innovation, interpersonal relations, mediation, conflict management, diversity management and the display of exemplary ethical conduct.

5. Technical Professionalism This refers to the acquisition / application of specialised / technical high level competence (knowledge and skills) in terms of the norms and standards required for a relevant occupation / profession at various levels within local government as context. This will be facilitated through various recognised statutory and non statutory professional bodies (involving Ministerial criteria to be adhered to, other than statutory requirements in the case of statutory bodies) in consultation with relevant mandated sector departments. • Administrative Professionalism To promote administrative practices that ensures an effective, efficient, accountable and responsive local government system to optimise service delivery. This will be facilitated through various recognised statutory and non statutory professional bodies (involving Ministerial criteria to be adhered to, other than statutory requirements in the case of statutory bodies) in consultation with relevant mandated sector departments.

6. Core aspects that are required to build professionalism

7. Stakeholder Roles and Responsibilities National: • Address the strengthening of a local government ethos and managerial and leadership development through appropriate programmes • Identify professional bodies that are operating within municipal occupational categories and disciplines with a view to linking them more effectively to the development and registration of appropriate qualifications (under the HEQC and QCTO frameworks) and training and professional development programmes • The ongoing professional development of elected and appointed officials in the local government sector • Promote the professionalization, professionalism and professional ethics of the local government sector; • Standardise and synergise the capacity building policies and systems that are aimed at promoting the professionalization in local government • Include professionalization initiatives in the annual Capacity Building Plans that are to be integrated at a national level and provide quarterly progress reports on such plans • Monitor, evaluate and guide the implementation of the professionalization framework

8. Provincial • Coordinate the implementation modalities / mechanisms affecting local government • The other responsibilities are the same as listed under national. Municipalities will need to: • Implement the professionalization framework. • Identify and prioritise those occupational categories that need to be professionalised (and subsequently cascading this to other categories); • Provide information on professionalization initiatives as part of their support, capacity building and training initiatives that they are / will be exposed to annually in their Integrated Municipal Institutional Plan linked to their Integrated Development Plans to provinces. • Where possible provide financial assistance towards membership fees (under criteria to be developed) to enable and encourage employees to join appropriate professional bodies in accordance with capacity building policy provisions.

9. THE END THANK YOU

10. INDUCTION MANUAL FOR SENIOR MANAGERS IN LOCAL GOVERNMENT

11. BACKGROUND • The commission tasked with tackling the issue of cultures and ethos, during the 6-8 September 2010 SALGA HRM policy conference concluded amongst others that an induction programme should be introduced for senior managers in the sector: • It is acknowledged that some municipalities have councillor induction programs in place, whilst others do not have. It is also recognised that local needs and circumstances vary as do the skills and needs of individual municipalities. The induction programme is designed to be used flexibly by municipalities, in that it has certain generic elements providing a municipality with an opportunity to adapt and it include municipal specific elements to add more meaning to the programme. •  By going through the induction process employees will understand how their work fits into the overall work and responsibilities of their Directorate and Unit, the customers as well as the overall structure of the Council. Employees will also be introduced to the values and culture applicable to the municipality and the sector

12. Content The content of the induction programme is the following: •  Messages from the Executive Mayor \ Mayor and Municipal Manager • National Overview of Local Government ; Local Government Turnaround Strategy Legislative Framework; Functions of Key Structures; Key Municipal Processes; Municipal Overview; Vision, Mission and Values of the Municipality (Municipality to insert own V&M – Values = Batho Pele); • Conditions of Service • Employee Benefits • Union Membership • Contact numbers • Code of Conduct

13. ANNEXURES: • the inductee’s guide; • a facilitator’s guide; • a work area and physical surrounding checklist • An overall induction programme checklist; • a pre and a post induction programme checklist; and: • an implementation plan SPECIFIC to senior managers, the following documents are included as part of the manual: •  The 2006 Municipal Performance Regulations; • The financial disclosure form to be lodged annually; • The performance rating calculator; • Personal Development Planning – template; • Performance Plan template; • Performance Agreement The programme is to be delivered over a two day period, within one month of the new employee taking office.

14. IMPLEMENTATION • Quarterly induction sessions will be delivered by SALGA; • Municipalities will take the induction process further and deliver the job specific induction component of the programme; • The working group political leadership should be involved at a provincial level during the rollout of the induction. • The rollout will commence in June 2013.

15. JOB EVALUATION IMPLEMENTATION IN MUNICIPALITIES

16. 1. BACKGROUND • JE process dates back to about a “decade” ago. • SALGA NEC resolved to adopt “TASK JE System” for the local government sector • This decision sought to respond to the “salary disparities” among municipalities • Initially, JE had been subjected to the “collective bargaining” – a “mistake” that can never be repeated by SALGA and its members • The reason for the delayed finalization can be attributed to the “interest and expectations” created on the part of employees. Fact. • Most importantly, SALGA managed to secure an “Arbitration Advisory Award” to the effect that JE is a management responsibility and the Bargaining Council does not have any jurisdiction over it. • SALGA NEC approved that the National HRD & CB Working Group should finalize the JE Implementation Guidelines for Municipalities.

17. 4. THE MUNICIPAL MANAGER’S ROLE IN JE • The Municipal Manager must ensure that the designated JE Manager takes full responsibility for supporting and directing the job evaluation implementation and maintenance process. • The Municipal Manager shall ensure that sufficient staff and resources are allocated to support the process, JE Units established and functional. • The Municipal Manager shall in terms of Section 66 of the Local Government: Municipal Systems Act, 2000 (Act No 32 of 2000 as amended) ensure that there is a job description for each post on the staff establishment of the municipality. • The Municipal Manager must ensure that the municipality keeps custody of the copies of job descriptions for all posts. • The Municipal Manager shall incorporate the responsibility for the compilation of the job description in the performance contract of every Manager (Municipality to determine). • The Municipal Manager shall ensure that all staff are informed of the objectives of the TASK JE System as required in terms of Section 67 of the Local Government: Municipal Systems Act, 2000 (Act No 32 of 2000 as amended). • The Municipal Managers for the cluster of municipalities who are responsible for job evaluation at district level shall appoint appropriate persons to serve on the Job Evaluation Unit.

18. 5. THE PROGRESS MADE THUS FAR • National Office engaged Deloitte regarding the nationally facilitated programme in order to mitigatecosts, guarantee certainty and professional assistance. • Deloitte is the only legitimate institution to drive the implementation of TASK JE system hence SALGA had to invest on the negotiation process regarding implementation. • A three-year deal/ proposal has been received from Deloitte and this has been accepted and endorsed by the SALGA National HR Conference on the 06 March 2013. • Three “scenarios” were generated for the consideration by all municipalities and these were equally accepted by the National HR Conference. • TASK Software shall be installed across all forty-two (42) JE Units in local government and “licences” for these shall be issued. • Post – HR Conference, Deloitte has been engaged and the following has been further agreed to: • The “existing contracts” shall be rendered obsolete as the software shall be web-based and has been upgraded to cater for the large data from target municipalities. • There will be some “flexibility” regarding the “Training Costs” as reflected in the proposal for Second and Third years. • The Provincial Audit Committee shall have a dedicated specific “module” within the bigger group to be trained by Deloitte. • Trainees shall only require “Lap-top computer and Internet Access” during the envisaged training. • Deloitte has developed and submitted the “Service Contract and Payment Models” for consideration by SALGA: CEO • SALGA is now busy with management of SCM processes regarding the contract and to cover payments by individual municipalities.

19. FACILITATOR PROPOSALS ON PENSION FUND (EMPLOYER CONTRIBUTION) AND THE WAGE CURVE DISPUTES

20. 5. THE PENSION FUND DISPUTE FACILITATOR PROPOSED AS FOLLOWS: The parties should accept and abide by Clause 9 of the 2012/ 15 Salary and Wage Collective Agreement. The parties agreed to the Five (5) days timeframe within which the SALGBC Secretary shall, once the parties have signed the agreement, forward the whole Salary and Wage Collective Agreement to the Trustees of the Pension Funds that have an employer contribution rate below 18%. The Trustees shall be expected to consider and give effect to the provisions of Clause 9.3 of the Collective agreement. This will be subject to Pension Fund Act provisions as well. The parties were required to “consult” and obtain “mandate” from their respective principals to conclude the agreement on the matter. The parties were further required to provide feedback to the Facilitator by the 19 April 2013. The latter date changed following the request from IMATU for extension till 16 May 2013. The Facilitator granted the extension request.

21. 5. FEEDBACK FROM CONSULTATION WITH MUNICIPALITIES Municipalities “cautiously” accepted the Facilitator Proposal. Negotiators were requested to further explore that the final implementation date for the Pension Fund s that will have endorsed the “increase” should be the date that decision has been taken. NO Retrospectivity. The SALGA NEC further directed that the Facilitator Proposal should be considered in the context of the broad Pension Fund Restructuring in the local government sector. The Chairperson of the National HRD & CB Working Group has been tasked to engage the City of Johannesburg political leadership to consider the implications of the Facilitator Proposal. The SALGA negotiators should continue to engage trade unions on the matter and a further report should be tabled before the NEC for consideration.

22. 5. THE WAGE CURVE DISPUTE FACILITATOR PROPOSED AS FOLLOWS: The parties acknowledged that the Wage Curve Collective Agreement dated the 21 April 2010 lapsed on 30 June 2012. The curreent salary position of each employee shall be maintained as the “status quo” pending agreement on the new Wage Curve. The entitlement of employees to annual notch increases and annual cost of leaving adjustments per the current Salary and Wage Collective Agreementshall continue to be honoured. The parties shall enter into negotiations to conclude a New Wage Curve Agreement by 31 July 2013. All employees who fall within the scope of the SALGBC will receive an “ex gratia payment” in the sum equivalent to “one month’s basic salary”, as a quid pro quo. SALGA should consult its principals regarding the possible withdrawal of the “Labour Court” appeal process and settle the order on “costs”. All parties should secure “mandates” from their respective principals and advise the Facilitator.

23. 5. FEEDBACK FROM CONSULTATION WITH MUNICIPALITIES Most municipalities “conditionally” accepted the Facilitator Proposal based on the following. SALGA should speedily determine the process for handling “appeals” around municipal “categorization”; SALGA negotiators should explore the deferred payment of the proposed “ex gratia” payment over a longer period; Employees who already benefited from the implementation of the 2010 Wage Curve should be excluded from the current settlement. Equally, those employees who commenced work after 30 June 2010 should be excluded from the ex gratia clause. There is a possible “labour unrest’ as some employees might not be eligible for the ex gratia payment; The proposed “ex gratia” payment should be further reduced by about 50% due to affordability; The ex gratia payment should be based on the salary levels as at July 2010 and “not current” salaries; The SALGA NEC equally considered the matter and directed that the SALGA negotiators should go back to the negotiation table and advance the reservations as raised by municipalities. It is therefore clear that the Facilitator Proposal cannot be “accepted” at this stage. SALGA shall keep all municipalities informed on the developments in the matter.

24. THANK YOU. ???.....