Workshop on Strategic Human Resources Management in the Judiciary Toronto Canada July 8 2014 Ian...
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Workshop on Strategic Human Resources Management in the Judiciary Toronto Canada July 8 2014 Ian Greene Professor, School of Public Policy & Administration
Workshop on Strategic Human Resources Management in the
Judiciary Toronto Canada July 8 2014 Ian Greene Professor, School
of Public Policy & Administration
Slide 2
Overview of Training Program July 8: Ian Greene Introduction
and backgrounds of participants Topics covered today: Strategic
human resources management Court administration as a discipline
Relation between public administration in general and court
administration Constraints imposed by judicial independence Impact
of the adversary system Human resources fundamentals and court
administration Promoting workplace ethics and a corruption-free
environment See www.yorku.ca/igreene. Click on Strategic Human
Resources Management in the Judiciary for course
materials.www.yorku.ca/igreene July 9: Ian Greene, Lynn
Fournier-Ruggles and Jeff Ebinama Education, training and
development Managing technology Empowering the workforce
Slide 3
My own background Grew up in a small Alberta town (population
1000) BA at University of Alberta (Edmonton): Political Science MA
and PhD in Political Science at University of Toronto: focused on
constitutional law and court administration PhD dissertation:
causes of unnecessary delay in Ontario courts
Slide 4
Canada
Slide 5
British Columbia & Alberta Worked for Alberta govt for 4
years Assistant to a cabinet minister 1 year Middle manager in
Alberta Social Services 3 years First teaching job: College of the
Rockies in Columbia Valley, BC
Slide 6
My family
Slide 7
York University Years Research on judicial behaviour &
ethical politics The Courts (2006) A Question of Ethics (1998,
2006) Honest Politics (1998) Final Appeal (1998) Judges &
Judging (1991) The Charter of Rights (1988)
Slide 8
What is strategic management? Senior officials develop a one to
five year strategic plan that outlines the general goals of the
organization Eg. The Alberta cabinet develops a strategic plan for
the public service that is updated annually. The plan covers the
mandate of the government 4 to 5 years after an election. Then
officials in every department develop an OPERATIONAL plan for the
department. The Department of the Attorney General is responsible
for court administration. The plan is bottom-up. Taking into
account this feedback, the Deputy Minister develops a plan that
fits the budget, and then ALL units develop their own operational
plan. Human Resources Management is always a major part of the
operational plans. ALL employees have annual work plans that
reflect the units operational plan. Employees meet with supervisors
to discuss the plan on a quarterly basis. Each year, there is an
employee evaluation that determines whether the employee is
eligible for a salary increment and/or a promotion. Critical to
have a planning process that has the support of the public sector
union.
Slide 9
General Principles of Public Administration See Barker and
Kernaghan, Chapters 1-4 Impact of Weber and theory of bureaucracy
Hiring according to merit; legal job descriptions;
supervisor-employee relations; neutrality; integrity. Impact of
judicial independence What is judicial independence and why is it
important for court administration? Adversary system: lawyers must
serve in their clients interests. What are the ethical boundaries
and how do they impact court administration?
Slide 10
Court administration as a discipline See Carl Baar and Ian
Greene, Judicial Administration, and Carl Baar, The Emergence of
the Judiciary as an Institution. Impact of Roscoe Pound, early
1900s in US Specialized court administration programs in US during
past several decades Graduate Diploma in Justice System
Administration: York University (unique program in Canada) The
concept of local legal culture See Local Legal Culture on web site
Case flow management
Slide 11
Human resources management in the courts Relation between
ministerial accountability and judicial independence Models of
court administration from judicial- centred to executive centred;
advantages and disadvantages of both Importance of job
descriptions; annual goals; quarterly reviews; thinking about
career advancement for all employees Are court employees destined
for a career only in the courts, or are there other public service
careers available to them?
Slide 12
Workplace ethics Mutual respect: the foundation of public
service ethics Where did the principle come from and why is it
foundational to democracy? Implications of mutual respect: the rule
of law, social equality, integrity, free and fair elections, public
service neutrality, effective, efficient and fair court system
Ethics counsellors; independent ethics commissioners Code of ethics
for public servants, reflection of the code of ethics for judges if
they have one. If not common law principles Public servants put the
public good first Conflicts of interest are forbidden. (situation
where a public servant is in a position to use public office for
person gain, or to promote the interests of family or friends)
Resist undue influence where pressure from an individual or
corporation for personal gain is unfairly leveraged, so that other
points of view do not have a fair hearing. Honesty: lying justified
as being in the public interest rarely is. Whistle-blowing: how to
report corruption when you see it without being penalized Take
realistic, baby steps toward solutions; dont run from the
challenge, but plan in advance. Integrating public service ethics
into individual work plans Importance of LEADERSHIP. Dishonest
people will always be pushing the limits. Standing up to this
requires courage and also strategic thinking. These qualities are
what have led to gains in ethics in all countries that are at the
top of the corruption perception index. Nigeria corruption
perception index: 144/177. Canada: 9/177. How to balance taking a
stand against corruption with ones own career and family
obligations. My Nigerian student who took a stand, and felt she had
to leave. Promotion of ethics starts at the top. Work to get
honest, courageous, and pragmatic people into positions of power.
See Ontario Public Service Conflict of Interest Rules (Code of
Conduct), and Government of Canada, Value and Ethics Code for the
Public Sector, on the web page.
Slide 13
Conflict Resolution Active listening: make sure you understand
what your employees are telling you. Repeat it back to them in your
own words. If they meant something different they will tell you.
Active speaking: ensure your employees have understood what you
have said. People use words in different ways. Without being
condescending, ask them to tell you what they understood from what
you said. Deal with only one issue at a time. Provide opportunities
for employees to air grievances on a regular monthly basis so the
grievances dont build up. Employees usually have good ideas about
workplace problems and how they might be approached. Most people
get satisfaction from doing a good job. Thank them for their ideas
and get back to them to thank them when these ideas have sparked a
change. Feeling that you are appreciated as an employee is more
important than financial rewards. At the time of annual reviews,
take time to find out what each employee has contributed, and thank
them. Ensure your employees understand how important a trustworthy
justice system is to confidence that Nigeria is moving in the right
direction. A trustworthy and efficient justice system is key to
Nigerias success.
Slide 14
Dealing with difficult employees Regular conflict resolution
procedures are only partly successful with regard to difficult
employees. What is a difficult employee? Top seven traits selected
of employees identified as difficult in empirical research: Has a
grandiose sense of self-importance. Has a sense of entitlement; has
unreasonable expectations of especially favorable treatment. Shows
emotional instability as evidenced by marked emotional reaction.
Behavior or attitude is arrogant or haughty. Shows inappropriate
and intense anger or has difficulty controlling anger. Consistent
irresponsibility, repeated failure to meet obligations.
Deceitfulness, as indicated by repeated lying or conning
others.
Slide 15
How to deal with difficult employees Never lose your temper Be
polite but firm This requires a good deal of discipline Remember
that one difficult employee may undermine the workplace atmosphere;
two may destroy it. Nevertheless, they are human beings and require
treatment with respect. They did not enter this world asking to be
difficult. Being polite but firm will either lead them to leave and
find another workplace where they think they can more easily
continue as they have been, or to see the light and change in your
workplace.
Slide 16
Technology in the Courts Technology can only help if courts are
administered well in the first place. Key: ensure all justice
system participants are using the same hardware and software
platform. Beware of consultants who claim to be able to resolve
your problems quickly. Your court system is extremely complex.
Slide 17
Summary Try to see court operations through the eyes of
litigants, witnesses and judges Solicit ideas from judges, staff
and court users to improve the system Be polite but persistent
Tomorrow: specifics of strategic human resource management with
Lynn Fournier-Ruggles, including core competencies Lynn
Fournier-Ruggles was the administrator of the largest
administrative tribunal in Canada. She now teaches court
administration at Seneca College, and is a graduate of Yorks Master
of Public Policy, Administration and Law program, and Yorks
Graduate Diploma in Justice System Administration.