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TECHNICAL ADVISER FOR PUBLIC ADMINISTRATION REFORM – PROGRAMS OF MANDATORY TRAININGS

Location : Home based, Pristina, Kosovo, UN Administered Territory
Application Deadline :15-Jul-12
Additional CategoryDemocratic Governance
Type of Contract :Individual Contract
Post Level :International Consultant
Languages Required :
 English  
Starting Date :
(date when the selected candidate is expected to start)		01-Aug-2012
Duration of Initial Contract :August to September 2012
Expected Duration of Assignment :August to September 2012

Background
Legal Background:

Law No. 03/L–149 on Civil Service of Kosovo (LCS) defines Ministry of Public Administration responsible for the preparation, coordination and implementation of training policies, education and capacity-building in Kosovo Civil Service (Article 6/2.5.).
It is further stipulated in the LCS (Article 10) that the Kosovo Institute of Public Administration (KIPA) is responsible for the implementation of training and education policies and strategies and capacity building in the Civil Service. Law therefore defines KIPA responsible for "implementing policies and strategies of training, education and capacity building in the Civil Service."
It is explicitly stipulated in the LCS, that participation in capacity building events is mandatory for all civil servants. No further legal basis is therefore necessary to introduce mandatory trainings.
According to Article 35 of the LCS, all civil servants in Kosovo public administration are eligible for and also required to upgrade and enhance their professional capacity through training in the Civil Service.
LCS regulates the situation when civil servant is on education or training. Namely, civil servants’ participation in capacity building events planned and delivered within the Civil Service are treated as equivalent to performing professional duties. Supervisors are responsible to facilitate and support participation of their subordinates (Article 35 of the LCS).
Civil Servants may also be authorized to attend, outside the Civil Service, specialized educational programs, for their professional development, as long as relevant for the Civil Service of Kosovo (Article 35 of the LCS).
Furthermore, according to the Law, civil servants have the right to be encouraged and supported in advancing career and professional development through training and other means (Article 43 of the LCS). On the other hand, according to Article 58 (duty to keep High Standards of Professional Performance), civil servants are obliged to ensure high quality of professional performance by improving their professional capabilities and take part in training activities relevant for their career development and increased efficiency of the State Administration.
LSC therefore defines training as a right and obligation for civil servants and emphasizes the link between their performance and training. Civil servants are entitled and obliged to increase their professional skills through training in the Civil Service.
To declare specific programs of training and examinations mandatory for civil servants, amendments of the draft law of KIPA have been proposed.
 
Strategic Framework:
Through the Training strategy for civil servants in Kosovo 2011-2013, Ministry of Public Administration (MPA) aims to provide the basic principles of training of civil servants, training priorities, and institutional responsibilities for their implementation. 
 
According to Training strategy, there is a wide gap between current capacity and desired capacity of PA in order to meet the challenges of time, due to:
  • The lack of systematic approach towards training;
  • The training process "is conducted in an uncoordinated manner;”
  • The approach of institutions towards training has not been systematic
  • Deficiencies in the legal framework, in particular, in bylaws that define specific responsibilities of various institutions.
According to Training strategy (referring to FRIDOM and EU Progress report), KIPA:
  • Has encountered difficulties in realizing the goals and objectives in the area of training of PA;
  • Has limited capacity and resources which affects the quality and quantity of training offered;
  • Is not assisted on its work and have no active involvement of the executives of the institutions in defining needs and drafting strategies.
The Training Strategy for European Integration (2008-2010) states that training in this area has been "limited to a relatively small group of civil servants working in central administration and is dependent on donor funding organizations. As a result, the general level of information and knowledge in this area is low, and specialized knowledge in key areas more rare. In addition The Training Strategy for European Integration (2008-2010) expired by the end of 2010.

Duties and Responsibilities
Objectives of Assignment:
The key objectives of the introduction of mandatory training and examination for civil servants are derived from the Training Strategy and of the revised Strategy on Public Administration Reform 2010-2013. In short the objectives are the following:
  • Strengthening and advancing the process of education and training in public administration as an important objective for human resource management and development of the revised Strategy on Public Administration Reform 2010-2013;
  • Creating a critical measure of trained professionals for Kosovo public administration and adequate knowledge and skills in the field of public administration, to lead Kosovo towards European Union (the goal of the Training Strategy for European Integration (2008-2010));
  • Positioning of  KIPA in education and training as a "key player”  in the field of  education and training for public administration in Kosovo and taking over by KIPA, the leading role in providing education and training for European integration for public administration, is also the key objective of The Training Strategy for European Integration (2008-2010).
Mandatory professional training programmes and examination of civil servants’ knowledge for the career civil servant positions of senior and management level, is proposed to be defined by KIPA law, as follows:
  • State administrative programme (followed by State Administrative Exam) for the  career civil servants’ positions of senior and management level;
  • Specialized administrative programme (followed by Specialized Administrative Exam) for career civil servants’ positions where general administrative procedures, inspection procedures and other specific knowledge are required;
  • State programme for career civil servants’ positions where daily communication with EU (followed by State Exam for EU certified career civil servants)  administration in pre accession and post accession period is necessary.
The exact positions where mandatory training and examination is required will be defined in the Government Regulation on mandatory examination.

The career civil servants, whose positions are determined by the Government Regulation will have the right and duty to apply for the mandatory training and examination. The expenses for mandatory training and examination of the civil servants will be taken by Ministry of Public Administration.
The Overall Annual Plan for Mandatory Training and Examination shall be approved by the Government, on the proposal of the ministry responsible for public administration, the latest by December of each year.

KIPA is responsible for the implementation of mandatory training and examination in the civil service. For each career civil servants that has successfully completed all obligations of the relevant program, KIPA delivers the Certificate of Accomplishment of the respective examination. The Certificate of Accomplishment is a public document that proves skills and professional competence and confirms the fulfillment of all requirements set forth in the respective program of the mandatory examination.
 
Scope of work:
Under the overall supervision of the UNDP Governance Programme Coordinator and in close cooperation with Director of PAR Management Department in Ministry of Public and UNDP CTA on PAR, the experts will fulfil the following objectives

#1 Expert (1-2):
  • Drafting the Programme for trainings (examination) for senior civil servants; based on advanced professional education in the area of public administration, in order to increase professionalism, quality and efficiency (Training package for senior managerial and managerial positions) - 20 days;
  • Drafting the Programme for trainings (examination) for professionals in certain competences:
  • General administrative procedure - 10 days                       
  • Administrative and civil service inspectors - 10 days
  • Drafting the Programme for trainings (examination) for civil servants communicating with EU - 20 days
For each of the programmes, 15 days are home based, 5 days are Pristina based (for consultation with KIPA and relevant public administration actors, responsible for the project of mandatory trainings on behalf of the Ministry of public administration.
 
Expected Results:
Expected results are:
  1. Programme for mandatory State administrative training (followed by State Administrative Exam) for the career civil servants’ positions of senior and management level;
  2. Programme for mandatory Specialized administrative training (followed by Specialized Administrative Exam) for career civil servants’ positions where general administrative procedure, inspection procedure and other specific knowledge are required;
  3. Programme for mandatory training for career civil servants’ positions where daily communication with EU is required (followed by State Exam for EU certified career civil servants in pre accession and post accession period is necessary.
Content of the mandatory examination State Administrative Exam in particular, includes knowledge of:
  • Constitution of the Government of Kosovo;
  • System of legislative, executive and judicial powers, and relationships between them;
  • Organization of the institutions of the European Union and its legal system;
  • Local government;
  • Public finance system;
  • Operation of central and local administration bodies;
  • System of administrative legislation, administrative procedures and administrative disputes;
  • The legislative process;
  • Rules of office operations, including electronic commerce, and rules to protect personal and other information and rules of production materials;
  • Ethics, integrity, anti corruptive behaviour; knowledge for professional, impartial, independent and merit based civil service.Specialized Administrative Exam includes general knowledge specified for the State Administrative Exam and knowledge of the specific field;
  • General administrative procedure;
  • Administrative and civil service inspectors.
State exam for EU certified career civil servants includes general knowledge specified for the State Administrative Exam and knowledge on EU institutions, policies and legislation.
Specification of each item of the general knowledge specified for the State Administrative Exam and of each item of the training program and the exam of the specific fields (knowledge of the specific field for Specialized Administrative Exam and knowledge on EU institutions, policies and law, for State exam for EU certified career civil servants) is the expected result according to this ToR.
Programmes for the State Administrative Exam, Specialized Administrative Exam and for State exam for EU certified career civil servants, should include proposals on:
  • Structure of courses and curricula for each course;
  • Organization and timing of the implementation (in consultation with KIPA);
  • Proposal for lecturers;
  • Procedure on application for mandatory training and examination;
  • Rules for documentation for admission to mandatory examinations;
  • Cost analysis of the trainings and examination implementation;
  • Other issues pertaining to mandatory training and examination.

Competencies

Professionalism:

  • Demonstrates sensitivity, tact and diplomacy;
  • Respect for diversity;
  • Is culturally sensitive and demonstrates appreciation for different cultures and practices.

Team work: 

  • Flexible and prepared to pursue goals through teamwork;
  • Capability to integrate into an existing multicultural team;
  • Capability to work in coordination and strategically with existing project team and Project Manager.

Planning and organizing:

  • Candidate should be able to organize work effectively ensuring goals and targets are met on time.
Accountability:
  • Willing to take responsibility, act professionally at all times, and make sure tasks are fully completed.
Creativity:
  • Must use creativity to adapt work plan to timeframe and to local conditions.

Required Skills and Experience
Education:
  • Completed at least a Masters Degree in Public Administration, Political Sciences or Law.
Experience:
  • More than 10 years of working experience in the field of public administration, building relations and developing relationships with organizations and the general public;
  • Long working experience in building relations and communication with parties, interest groups and local and international institutions;
  • Sound knowledge on European legislation and the work of international organizations which support the improvement of the management and governance;
Language Requirements:
  • Fluent knowledge of English language, knowledge of Albanian and/or Serbian is highly desirable.
UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence.


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