O.C. 502/2014

December 19, 2014


††††††††††† The Lieutenant Governor in Council makes the Premierís and Ministersí Staff Employment Order set out in the attached Appendix.

For Information only

Recommended by:††††††††† President of Executive Council

Authority:††††††††††††††††††††††††††


 

APPENDIX

PREMIERíS AND MINISTERSí STAFF EMPLOYMENT ORDER

Definitions

1   In this Order,

††††††††††† (a)†† ďChief of StaffĒ means the Chief of Staff, Office of the Premier;

††††††††††† (b)† ďCode of ConductĒ means the Code of Conduct set out in Schedule 2 to this Order;

††††††††††† (c)†† ďPremierís and Ministersí staffĒ means an employee, other than administrative support in the Premierís Office or a Ministerís office, who holds

††††††††††††††† (i)††† a position in the Office of the Premier or an office of a Cabinet Minister, or

††††††††††††††† (ii)†† a position in any other office designated by the Chief of Staff.

Non‑application of the Public Service Act

2(1)  The Premierís and Ministersí staff are not employees appointed pursuant to and are not subject to the Public Service Act.

Code of Conduct

3   The Premierís and Ministersí staff must comply with the Code of Conduct.

Employment terms and conditions

4(1)  Subject to section 6, the terms and conditions of employment of the Premierís and Ministersí staff must be set out in a contract of employment approved by the Chief of Staff.

(2)  Despite subsection (1), the contract of employment for the Chief of Staff must be approved by the Premier.

Pay bands

5   The pay bands for the Premierís and Ministersí staff are set out in Schedule 1 to this Order.

Termination and Severance

6(1)  In this section,

††††††††††† (a)†† ďcontinuous employmentĒ means the period of employment

††††††††††††††† (i) †† under the applicable contract of employment including any extensions and renewals, and

††††††††††††††† (ii)†† under any other employment with the Crown, provided the employee has been an employee of the Crown throughout the period;

††††††††††† (b)† ďseveranceĒ means a payment in lieu of notice of termination;

††††††††††† (c)†† ďseverance periodĒ means the period of notice that an employee is entitled to under subsection (3).

(2)  An employee will not receive severance if

††††††††††† (a)†† the employee resigns or retires,

††††††††††† (b)† the contract of employment expires, or

††††††††††† (c)†† the employment is properly terminated for cause or terminated during a probation period provided for in the contract of employment for unsuitability.

(3)  No person may on behalf of the Crown enter into a contract of employment with a person to be employed as a member of the Premierís or Ministersí staff that entitles the employee to

††††††††††† (a)†† more notice of termination than the following:

††††††††††††††† (i)††† 3 months if the employee has less than 1 year of continuous employment, or

††††††††††††††† (ii)†† 3 months after the first year of service, plus an additional 1 month for each additional year of continuous employment, up to a maximum of 6 months,

or

††††††††††† (b)† more severance than the employeeís base salary under the contract of employment for the severance period.

(4)  Prior to the payment of severance, an employee must enter into an agreement with the Crown that

††††††††††† (a)†† releases the Crown from any and all further claims, rights and demands against the Crown arising from the termination, and

††††††††††† (b)† requires the employee to reimburse the Crown for income earned from the Crown in the amount that is the lesser of the following received by the employee for the severance period:

††††††††††††††† (i)††† any employment income, the value of any employment benefits, and any fees for services;

††††††††††††††† (ii)†† the amount of severance.

Repeal

7   Order in Council numbered O.C. 192/98 is rescinded.

Application

8†† This Order applies to the appointment of a person as a member of the Premierís and Ministersí staff after the coming into force of this Order and to a person who immediately before the coming into force of this Order is a member of the Premierís and Ministersí staff and whose contract of employment is renewed or extended on or after the coming into force of this Order.


Schedule 1

Pay Bands for Premierís and Ministersí Staff

Position

Salary Range

Ministerial Executive Assistant

$73 000 - $150 000

Ministerial 2

$120 000 - $170 000

Ministerial 3

$150 000 - $210 000

Chief of Staff, Office of the Premier

$200 000 - $280 000

1   Incumbents shall be considered for lump sum payments at such times and in such manner as may be prescribed by Government policy established from time to time.

2(1)  The Chief of Staff, Office of the Premier may approve compensation beyond the salary range in exceptional circumstances or where the salary range maximum for the position is or will be an impediment to recruitment or to retention of the incumbent.

(2)  Increases in compensation for the Chief of Staff, Office of the Premier must be approved by the Premier.


 

Schedule 2

CODE OF CONDUCT FOR

EMPLOYEES SERVING IN THE OFFICES OF THE

PREMIER AND CABINET MINISTERS

The people of Alberta expect and deserve responsible, accountable government.† They must be confident that government is trustworthy and focused on the public interest.

Employees that serve the government in the Office of the Premier or in an office of a Cabinet Minister are expected to conduct themselves with the highest standards of professionalism, deportment, ethical behaviour and within the rule of law.† Employees must demonstrate the highest degree of integrity, responsibility and accountability to colleagues, the Alberta public service and the people of Alberta.

Definitions

1   For purposes of this Code:

††††††††††† (a)†† ďCodeĒ means this Code of Conduct established under section 3 of the Premierís and Ministersí Staff Employment Order, as amended from time to time;

††††††††††† (b) ďgovernmentĒ means the Government of Alberta;

††††††††††† (c)†† ďmember of the Premierís and Ministersí staffĒ means an individual employed in the Office of the Premier or in an office of a Cabinet Minister or in any other position in an office designated by the Premierís Chief of Staff but does not include administrative support staff in the Premierís Office or a Ministerís Office;

††††††††††† (d)† ďminor childĒ means a child under the age of majority;

††††††††††† (e)†† ďMinisterís Chief of StaffĒ means a Chief of Staff to a Cabinet Minister;

††††††††††† (f)†† ďPremierís Chief of StaffĒ means the Chief of Staff, Office of the Premier;

††††††††††† (g)† ďrelativeĒ means a spouse, adult interdependent partner, child, step-child, legal dependent, parent, sibling, in-law, grandparent, grandchild, niece, nephew, aunt, uncle and first cousin;

††††††††††† (h)† ďspouseĒ means the spouse of a married person who is a member of the Premierís and Ministersí staff but does not include a spouse who is living apart from the member if the member and spouse have separated pursuant to a written separation agreement or if their support obligations and family property have been dealt with by a court order;

††††††††††† (i)†† ďsuperviseĒ means to directly supervise or exercise influence over the assignment of duties, performance evaluation or related responsibilities of an employee.

Application

2   General

††††††††††† (a)†† This Code applies to the members of the Premierís and Ministersí staff.

††††††††††† (b)† The Premierís Chief of Staff has the authority to extend the application of the Code to other specific positions and, in exceptional circumstances, to exempt an employee from all or part of the application of this Code.

††††††††††† (c)†† This Code applies in addition to any law pertaining to the actions of members of the Premierís and Ministersí staff.

††††††††††† (d)† This Code is in addition to the employment contract that establishes the terms and conditions of employment of members of the Premierís and Ministersí staff.

Administration of the Code

3   Role of the Premierís and Ministersí staff

Members of the Premierís and Ministersí staff are generally employed to help the Premier and Ministers on matters where the non-political and political work of Government overlap and where it would be inappropriate for members of the Alberta public service to become involved. Members of the Premierís and Ministersí staff serve as advisors and assistants who share the governmentís political commitment, and who can complement the professional, expert and non-partisan advice and support of the Alberta public service.

4   Chief of Staff, Office of the Premier

††††††††††† (a)†† The Premierís Chief of Staff

††††††††††††††† (i)††† is responsible for administering this Code with respect to the members of the Premierís staff and with respect to the Ministersí Chiefs of Staff, and for issuing supplemental instructions to those persons as necessary for implementation of this Code, and

††††††††††††††† (ii)†† shall ensure that members of the Premierís staff and the Ministersí Chiefs of Staff are aware of their obligations under this Code and any supplemental instructions.

††††††††††† (b)† The Ethics Commissioner is responsible for administering this Code with respect to the Premierís Chief of Staff and for issuing supplemental instructions to the Premierís Chief of Staff as necessary for implementation of this Code.

††††††††††† (c)†† Any questions regarding the interpretation or application of this Code as it applies to the Premierís staff are to be directed to the Ethics Commissioner.

5   Chiefs of Staff, Ministersí Offices

††††††††††† (a)†† Each Ministerís Chief of Staff

††††††††††††††† (i)††† is responsible for administering this Code with respect to the members of the respective Ministerís staff, and for issuing supplemental instructions to those members as necessary for implementation of this Code, and

††††††††††††††† (ii)†† shall ensure that members of the Ministerís staff are aware of their obligations under this Code and any supplemental instructions.

††††††††††† (b)† If a Ministerís Chief of Staff issues supplemental instructions or provides an exemption that is authorized under this Code, a copy of the instructions or exemption must be promptly provided to the Premierís Chief of Staff.

††††††††††† (c)†† Any questions regarding the interpretation or application of this Code as it applies to a Ministerís staff are to be directed to the Premierís Chief of Staff.

Employee Responsibilities under the Code

6   Impartiality

Members of the Premierís and Ministersí staff are expected to conduct all aspects of their duties with impartiality.

7   Disclosure

Members of the Premierís and Ministersí staff are required to disclose to the memberís Chief of Staff any situation involving them that presents a conflict or an apparent conflict of interest.

Specific Employee Responsibilities

8   Workplace Relationships

††††††††††† (a)†† Members of the Premierís and Ministersí staff who exercise direct or discretionary authority over others shall disqualify themselves from dealing with anyone with whom the relationship between them may bring the memberís impartiality into question with respect to those functions.† In situations where this would impair service delivery, the member must advise the memberís Chief of Staff who will provide instructions on how to proceed.

††††††††††† (b)† Relatives of members of the Premierís and Ministersí staff may work in the same office if there is no opportunity to exercise favouritism and no conflict of interest exists for the member involved.

††††††††††† (c)†† Members of the Premierís and Ministersí staff may not supervise a relative unless there are extenuating circumstances and the memberís Chief of Staff approves an exemption from this section of this Code.

††††††††††† (d)† Members of the Premierís and Ministersí staff shall not participate in a hiring process where applicants include relatives or other individuals if the membersí participation could raise a question as to the impartiality of the process.

††††††††††† (e)†† Members of the Premierís and Ministersí staff shall, as far as it is known to them, disclose and discuss with the membersí Chief of Staff situations which may be, or may appear to be, conflicts of interest under this section.

9   Interactions with the Alberta Public Service

††††††††††† (a)†† Members of the Premierís and Ministersí staff may not ask employees of the Alberta public service to engage in any activity that is inconsistent with the Code of Conduct and Ethics for the Public Service of Alberta or the Public Service Act.

††††††††††† (b)† Unless the Premierís Chief of Staff has granted an exemption, work‑related communications between members of the Premierís and Ministersí staff and members of the Alberta public service must be coordinated with the respective Deputy Ministerís office.

10   Confidentiality

††††††††††† (a)†† Members of the Premierís and Ministersí staff shall handle confidential information with the utmost care and integrity and shall not disclose, release or transmit confidential information except as specifically authorized.

††††††††††† (b)† The responsibility for maintaining the confidentiality of information includes the responsibility of ensuring that the information is not directly or indirectly made available to unauthorized persons.

††††††††††† (c)†† Members of the Premierís and Ministersí staff must adhere to the requirements of the Freedom of Information and Protection of Privacy Act.

11   Public Statements

Members of the Premierís and Ministersí staff shall not make statements on public issues in any way that may be perceived to represent an official act, opinion or policy of the government, except as specifically authorized by the respective Minister or the Ministerís Chief of Staff.

12   Political Activity

††††††††††† (a)†† Members of the Premierís and Ministersí staff may not use, or authorize the use of, public funds to engage in or support in any way political party activities.

††††††††††† (b)† Members of the Premierís and Ministersí staff may participate in election campaigns and political party leadership campaigns, if their involvement does not interfere with, diminish, or involve in any way, their employment responsibilities.

††††††††††† (c)†† Members of the Premierís and Ministersí staff who are elected to federal or provincial office must resign from their employment effective the day they are elected.

13   Outside Employment

††††††††††† (a)†† Unless an exemption is provided in writing by the memberís Chief of Staff or by the Premierís Chief of Staff in the case of a Ministerís Chief of Staff:

††††††††††††††† (i)††† the member of the Premierís and Ministersí staff shall not enter into other employment;

††††††††††††††† (ii)†† the member of the Premierís and Ministersí staff shall not be involved in any business or undertaking other than his or her employment with the government.

††††††††††† (b)† The memberís Chief of Staff, or the Premierís Chief of Staff in the case of a Chief of Staff of a Minister may impose any terms or conditions on an exemption.

14   Teaching

††††††††††† (a)†† A member of the Premierís and Ministersí staff may, with the written consent of the memberís Chief of Staff, teach courses for a fee at institutions, including during normal working hours, if

††††††††††††††† (i)††† acceptable arrangements can be made for the member to continue to perform all regular duties,

††††††††††††††† (ii)†† course preparation, student evaluations, and related activities are completed on the memberís own time, and

††††††††††††††† (iii) no other conflict arises.

††††††††††† (b)† Where teaching duties infringe or may infringe upon the memberís employment responsibilities, the memberís Chief of Staff may deny the request or may require that all or part of the fee received be paid to the government.

15   Volunteer Activities

††††††††††† (a)†† Members of the Premierís and Ministersí staff are encouraged to participate in volunteer activities, if their involvement

††††††††††††††† (i)††† does not cause an actual or apparent conflict of interest;

††††††††††††††† (ii)†† is not performed in a way that may be perceived as an official act, opinion, or policy of the government;

††††††††††††††† (iii) does not interfere with employment responsibilities; and

††††††††††††††† (iv)† does not involve the use of government premises, equipment or supplies, unless such use is authorized by the memberís Chief of Staff.

††††††††††† (b)† Members of the Premierís and Ministersí staff may engage in volunteer activities if that these activities do not represent a conflict of interest with this Code or interfere with their ability to fulfill their employment responsibilities.

††††††††††† (c)†† Members of the Premierís and Ministersí staff may not be involved in any government decision that could impact a volunteer organization with which they are associated.

††††††††††† (d)† Members of the Premierís and Ministersí staff shall disclose to the memberís Chief of Staff, and a Ministerís Chief of Staff shall disclose to the Premierís Chief of Staff, any interest in a volunteer organization that could raise a conflict of interest or apparent conflict of interest.

16   Investment and Management of Private Assets

††††††††††† (a)†† Where an actual or proposed business or financial interest of a member of the Premierís and Ministersí staff, or the memberís spouse, adult interdependent partner or minor child is affected, appears to be affected or may be affected by actions taken or decisions made in which the member participates in the course of his or her employment, the member shall disclose the business or financial interest to the memberís Chief of Staff.

††††††††††† (b)† If an actual or apparent conflict of interest situation exists under this section, the respective Chief of Staff shall determine the method of resolution.

††††††††††† (c)†† Information that is disclosed to a memberís Chief of Staff under this section shall be maintained on a confidential basis.

††††††††††† (d)† Notwithstanding clause (c), it is not a breach of confidence if the memberís Chief of Staff or the member of the Premierís and Ministersí staff discloses information to the Ethics Commissioner.

17   Acceptance of Gifts

††††††††††† (a)†† Members of the Premierís and Ministersí staff shall not accept fees, gifts or other benefits that are connected directly or indirectly with the performance of their duties, from any individual, organization or corporation.

††††††††††† (b)† Subsection (a) does not apply to a fee, gift or other benefit that is accepted by members of the Premierís and Ministersí staff as an incident of protocol or of the social obligations that normally accompany employment with the Office of the Premier or the office of a Cabinet Minister.

††††††††††† (c)†† The total value of the fees, gifts, and benefits given from the same source in any calendar year cannot exceed $200.

18   Trade Knowledge and Intellectual Property

††††††††††† (a)†† Any product or technology developed by members of the Premierís and Ministersí staff in the course of their employment with the government is the property of the government.

††††††††††† (b)† Members of the Premierís and Ministersí staff shall not sell, trade, market or distribute any such product or technology unless otherwise authorized by the Premierís Chief of Staff.

19   Dealings in Crown Land

††††††††††† (a)†† Members of the Premierís and Ministersí staff are authorized to bid on or to acquire an estate or interest in Crown land if the member has obtained the prior approval of the memberís Chief of Staff

††††††††††† (b)† The memberís Chief of Staff may approve of the member bidding on or acquiring such an interest only if the terms of the transaction are fair and reasonable, and no conflict of interest exists.

††††††††††† (c)†† If a member has obtained an estate or interest in Crown land in compliance with this Code, the member may renew that estate or interest without obtaining approval from the memberís Chief of Staff.

††††††††††† (d)† Where a member owns or has an interest in land being purchased by the Crown the member shall declare their employment status to the department involved in the transaction.

20   Acquiring Permits or Licenses for Crown Minerals or Resources

Members are authorized to acquire a local timber permit or an interest in a local timber permit under the Forests Act, where the permit or interest is acquired for the memberís own use and not for commercial purpose or for the purpose of re-selling timber.

21   Disclosure of Criminal Charges

††††††††††† (a)†† If a member of the Premierís and Ministersí staff is charged with an offence under the Criminal Code of Canada or Controlled Drugs and Substances Act (Canada) arising from the memberís conduct while on or off duty, the member shall immediately report the charge to the memberís Chief of Staff.

††††††††††† (b)† If a member of the Premierís and Ministersí staff is charged with any other offence under a statute of Canada or a statute of the Province of Alberta, arising from the memberís conduct while on or off duty, the member shall immediately report the charge to the memberís Chief of Staff, if the existence of the charge or a conviction for the †offence may adversely affect the Ministerís or the governmentís reputation, the conduct of government programs or the memberís ability to perform his or her job.

Review Process

22   Review of Decision

††††††††††† (a)†† A member of the Ministersí staff may apply to the Premierís Chief of Staff to review a decision made by the memberís Chief of Staff in relation to a matter under this Code.

††††††††††† (b)† A member of the Premierís staff may apply to the Premier to review a decision made by the Premierís Chief of Staff in relation to a matter under this Code.

††††††††††† (c)†† A member of the Premierís and Ministersí staff may apply to the Ethics Commissioner for a review of a decision made by the memberís Chief of Staff under clause (a) or (b).

††††††††††† (d)† If a member of the Premierís and Ministersí staff applies under clause (c), the Ethics Commissioner may investigate and provide a recommendation to the Premier.

††††††††††† (e)†† In the case of an appeal by a member of the Premierís and Ministersí staff, other than the Premierís Chief of Staff, if the Ethics Commissioner is unable to act, the Premier must determine an alternative appeal mechanism in consultation with the Premierís Chief of Staff.

††††††††††† (f)†† In the case of an appeal by the Premierís Chief of Staff, the Ethics Commissioner must consult with the Premier about an alternative appeal mechanism.

Consequences of a Contravention

23   Contravention of this Code

A member of the Premierís and Ministersí staff who does not comply with any provision of this Code may be subject to disciplinary action, up to and including dismissal.