The Protecteur du citoyen received a disclosure about a senior manager of an institution of higher learning. He allegedly was in conflict of interest when he favoured the hiring of someone he knew well.
The Protecteur du citoyen decided to investigate to determine whether wrongdoing had occurred.
Findings
The manager and the candidate had worked together before and they had a well-established relationship of trust. They therefore had ties. Because of this, hiring of the candidate could put the manager in a situation of conflict of interest.
- As part of his job, the manager had the duty to declare any real or potential conflicts of interest. He did not do so.
To speed up hiring of the candidate he wanted, the manager opted for a procedure that did not require posting of job offers. He went on to sign the contract for hiring his ex-colleague.
- To prevent favoritism, organizational authorities cannot participate in the process of hiring someone they know personally. Rather than steering clear of the process, the manager was part of it.
- The staffing process chosen did not allow the candidate to be hired in the job category that corresponded to the mandate to be given. The hired candidate therefore signed a contract in a job category that did not represent the functions he would have to carry out.
- Organizational authorities cannot sign a contract to hire someone with whom they have ties. Signature must be entrusted to another manager.
The manager’s version
As the manager saw it, the institution’s conflict-of-interest policy did not apply to hiring. He did not consider the ex-colleague as a person with whom he had ties.
Conclusion
The Protecteur du citoyen recognizes that the human resources section could have prevented certain acts by the manager. Be that as it may, he was obliged to ensure that his decisions complied with the internal policies in effect. By these acts, he violated:
- The conflict-of-interest policy;
- The contract-signing policy;
- The ethics guide.
The senior manager’s acts were a serious breach of ethics and professional conduct.
They were wrongdoings under the Act to facilitate the disclosure of wrongdoings relating to public bodies.
Recommendations
The Protecteur du citoyen recommended that the institutional authorities:
- Take the appropriate measures regarding the manager so as to prevent the occurrence of similar acts;
- Produce clear directives for staffing certain positions;
- Update its conflict-of-interest policy and its ethics guide.
The institutional authorities accepted the Protecteur du citoyen’s recommendations and confirmed that they had begun to revise the documents concerned.
The Protecteur du citoyen sees to the integrity of public services and is part of the action to improve them. Have you witnessed what you think was a wrongdoing relating to a public body? Do you have information suggesting that such an act was committed or is about to be? Disclose now.
