The Anguilla Public Service is a rules-based organisation. Public officers and their departments are governed by legislation, policies and General Orders.
In relation to financial matters public officers are expected to comply with the Financial Administration and Audit Act, which sets out the responsibilities and powers of the Minister of Finance, the Permanent Secretary of Finance, the Accountant General, and the Accounting Officers. In the Anguilla Public Service, the Permanent Secretaries are all Accounting Officers.
The Act allows accounting officers to delegate some or all of their responsibilities to other public officers, including Department Heads. Public officers to whom such responsibilities are delegated are responsible for the discharge of the accounting officer’s responsibilities.
The Financial Administration and Audit Act, however, also provides that accounting officers are not absolved from ensuring that their responsibilities are discharged because their responsibilities have been delegated.
Since legislation exists which details the responsibilities of public officers in relation to financial matters one would consider it reasonable to expect that there would be little opportunity for mishandling of public funds. Sadly, this does not appear to be the case.
Should there be mishandling of public funds it would be expected that since the legislation determines where responsibility lies for certain financial matters it would be easy to determine who is responsible for any mishandling of public funds. This, however, is not always apparent when it is discovered that there has been a mishandling of public funds. The systems of checks and balances that exist in the public service in relation to money related matters suggest that more than one individual should be subject to scrutiny when a proper account cannot be given for public funds.
Another significant area in the Anguilla Public Service that is governed by extensive rules is Human Resources. The appointments, transfers, promotions, and training of individuals are governed by the Public Service Commission Regulations and General Orders.
The Regulations and General Orders require the interaction of public officers at all levels. Significant responsibilities fall on Department Heads, Permanent Secretaries, the Deputy Governor, Governor, and the Public Service Commission.
There is also occasion when consultation with the Premier is required. When a public officer cries foul in terms of how he or she has been treated in the Anguilla Public Service one has to look to the Public Service Commission Regulations and/or the General Orders to determine whether the Public Officer has been fairly treated within the context of the public service rules.
Where does the fault lie when persons are considered for a post for which they did not apply, alongside applicants? Who is at fault when recruitment processes are abandoned and repackaged because the successful candidate was not politically favoured? Like the mishandling of public funds, when a public officer in the Anguilla Public Service is unfairly treated it should not be difficult to determine where the fault lies. The systems of checks and balances that exist in relation to Human Resource matters also suggest that the fault is likely to lie with more than one official in the Anguilla Public Service.
Effective Financial and Human Resource Management in the Anguilla Public Service is not dependent on the mere existence of rules. It is dependent on the consistent, objective, and fair application of the rules. Public officers are required to be observant and diligent in the scrutiny of the work and proposals of their colleagues and to call them to account, as necessary.
In the Anguilla Public Service when there is a failure to adhere to or be guided by the applicable rules, it is a failing of the public servants and not the rules. It suggests collusion between public officers, negligence on the part of public officers or a blatant refusal on their part to effectively carry out their responsibilities. Rules, if not managed diligently and effectively, have little value.