Reference Number: SIID-2020/21-001
Organization: Public Services and Procurement Canada
File Identification Number: SIID-2020/2021-003 (PSDPA)
File Identification Date: 2022-04-22
Findings and Conclusions: a serious breach of a code of conduct established under section 5 or 6
Case Description: A protected disclosure was received under the Public Servants Disclosure Protection Act, alleging wrongdoing relating to a conflict of interest situation regarding the hiring of three “relatives” as defined under PSPC Code of Conduct by a Staffing Sub-Delegated Manager. “Relatives” are defined in the PSPC Code of Conduct as persons who are related by blood, marriage or adoption, as well as persons whose relationship is otherwise legally recognized and of an immediate nature. Such relationships include, but are not limited to, an employee's parent, step-parent, foster parent, sibling, spouse, common-law partner, child, stepchild, ward, foster child, son-in-law, daughter-in-law, father-in-law, brother-in-law, sister-in-law, grandparent, grandchild, uncle, aunt, nephew, niece and cousin. A “conflict of interest” refers to a situation, whether real, apparent or potential, in which an employee has private interests that could influence or appear to influence the performance of their official duties and responsibilities or in which the person employed uses their office for personal gain. A “Staffing Sub-Delegated Manager” is an employee sub-delegated by PSPC’s Deputy Minister to make staffing appointments/decisions within PSPC and which must be in accordance with the Core Values of Merit and Non-Partisanship, as well as Guiding Values of Fairness, Transparency, Access and Representativeness. Under PSPC's Code of Conduct, employees are required to observe and foster the highest standards of conduct, consistent with PSPC’s Statement of Values in support of our Mission and Vision. As stated under the standards of conduct, employees are to adhere to the principle of merit, non-partisanship, fairness, transparency, access and representativeness in PSPC’s staffing processes, including departmental requirements on family and personal relationships. Additionally, PSPC’s Policy on Staffing and Recruitment, requires that employees, sub-delegated for staffing decision, identify and disclose any potential, apparent or real conflict of interest that may be at play in these activities. In addition, any given PSPC employee may not assist or be involved directly or indirectly in any business decision affecting or benefiting their “parents” or their “associates”. In these situations, PSPC employees must immediately recuse themselves from the situation and seek direction from PSPC’s Centre of Expertise for Values, Ethics and the Prevention of Harassment and Violence. The investigation found that an employee of PSPC with sub-delegation for staffing appointments/decisions: •Placed himself/herself in a conflict of interest by promoting, participating, influencing and/or exercising staffing sub-delegation in processes leading to the hire of “parents” as casual and indeterminate employees. •Failed to take steps to disclose, avoid and recuse himself/herself from the conflict of interest. •Failed to comply with instructions issued to her/him by PSPC and which were designed to prevent and avoid any conflict of interest in staffing activities. Conclusion and Corrective Actions Taken The departmental investigation process found that the allegations of wrongdoing were founded, and did constitute breaches of the Values and Ethics Code for the Public Sector, the PSPC Code of Conduct and PSPC’s Guideline on conflict of interest arising from family and personal relationships and that they are inconsistent with the Core Values of Merit and Non-Partisanship, as well as Guiding Values of Fairness, Transparency, Access and Representativeness. The importance of avoiding conflict of interest situation, including any potential or apparent conflict of interest, is a fundamental aspect of PSPC’s standard of conduct and the Values and Ethics Code for the Public Sector. PSPC recognizes that avoiding and preventing situations that could give rise to a conflict of interest, or the appearance of a conflict of interest, is one of the primary means by which a public servant demonstrates integrity and maintains public confidence in the fairness and impartiality of the federal public sector. Adhering to these requirements in staffing activities is also essential to achieve PSPC’s objectives in objectivity, fairness, transparency, accessibility and representativeness in resourcing activities.
Recommendations and Corrective Measures: The employee failed in these fundamental requirements forming part of his/her terms and conditions of employment and as a result, disciplinary measure against the employee have been taken and as a result, the employee is no longer working for PSPC.