DEFINE AND DEVELOP ADMINISTRATIVE ROLES, REGULATIONS, AUTHORITIES, AND RELATIONSHIPS BETWEEN THE GOVERNOR’S OFFICE AND THE TEN NEWLY TARGETED DIRECTORATES

As part of our work with all provinces to prepare legal tools that will allow for the transfer of legal functions from the ministries to the provinces, GSP/Taqadum continued to assist the Governor’s Offices and Directorates by:

  1. Reviewing the seven GSP/Taqadum-proposed legal mechanisms by which the transferred legal functions can be practiced.
  2. Defining their roles, responsibilities, authorities, and working relationships through on-the-job training. Legal functions were then institutionalized in accordance with the GSP/Taqadum-developed and proposed model for the distribution of roles, responsibilities, and authorities.

ACHIEVEMENTS

GSP/Taqadum Legal Specialists continued their discussions from the previous quarter with the Governor’s Offices on managing legal functions slated for transfer to the provinces that are currently authorized by the Ministries. The following are the seven GSP/Taqadum-proposed legal mechanisms that have been presented to date to the provinces, along with their status regarding review and adoption:

  1. Endorsement of Contracts, Undertakings, and Guarantees
    • All PCs reviewed the GSP/Taqadum-proposed Notary Public Authority draft legislation granting legal staff in the transferred directorates the authority to ratify contracts, pledges, and guarantees related to their respective directorates
    • The proposed Notary Public Authority draft legislation was adopted by two additional Provincial Councils: Diwaniyah and Muthanna (joining Babil, Baghdad, Karbala, Najaf, and Ninawa, which adopted it in previous quarters)
  2. Legal Representation
    • GSP/Taqadum provided a proposed Power of Attorney draft form granting legal staff in the transferred directorates the authority to represent their respective directorate in court
    • The Power of Attorney draft mechanism was adopted by an additional province: Muthanna (joining Babil, Baghdad, Basrah, Diwaniyah, Diyala, Kirkuk, Najaf, and Wasit, which adopted the proposed draft mechanism last quarter)
  3. Administrative Investigation
    • GSP/Taqadum worked with all 15 targeted provinces on Administrative Investigation draft instructions
    • The Administrative Investigation draft instructions were adopted by two additional provinces: Dhi Qar, and Najaf (joining Babil, Baghdad, Basrah, Diwaniyah, Kirkuk, Muthanna, and Wasit, which adopted the proposed draft instructions in previous quarters)
  4. Legal Counselling
    • The Legal Counseling draft instructions was adopted by eight provinces: Babil, Basrah, Dhi Qar, Diwaniyah, Kirkuk, Muthanna, Najaf, and Wasit
    • The other provinces have prepared a proposed Legal Counseling draft legislation for eventual submission to their respective GOs for adoption
  5. Property Management
    • Basrah, Dhi Qar, Diwaniyah, Muthanna, Wasit, and Najaf adopted proposed draft instructions for exercising this legal function
  6. Eminent Domain
    • Basrah, Dhi Qar, Diwaniyah, Muthanna, Wasit, and Najaf adopted a proposed draft instructions for exercising this legal function
  7. Contract Drafting
    • GSP/Taqadum continued cooperative efforts with relevant directorates in all provinces to prepare a proposed Contract Drafting draft forms for eventual submission to their respective GOs for adoption

 

NEXT STEPS

  • Continue cooperative efforts with local governments to facilitate adoption of the GSP/Taqadum-proposed legal mechanisms that will allow transferred legal functions to be exercised by the newly added provincial directorates that have not yet adopted these mechanisms
  • Develop and submit to provincial governments for their adoption a unified mechanism to exercise the Contract Drafting function

CLEARLY DEFINED ROLES, RESPONSIBILITIES, AND AUTHORITIES UNDERPIN

Authorities and Function

DECENTRALIZATION’S SUCCESS

A subsequent step to the implementation of Article 45 of Law No 21, as amended, stipulates the Governor as the highest provincial executive official mandated with executive and oversight authorities to oversee implementation of the local policy. This requires that roles, responsibilities, and authorities be clearly identified and distributed among all local government components – Governor, Director General, and Director, and not centered on the Governor's Office only, which in and of itself, sets the implementation of administrative decentralization on the road to failure.

In support of Article 45 and administrative decentralization, GSP/Taqadum, in cooperation with the provincial Directorates of Health, Education, and Municipalities and Public Works, developed a Roles, Responsibilities, and Authorities Distribution Model (RRAD Model) that regulates the financial, administrative, legal, and technical functions once their authorities are transferred from the ministerial to the local level. Developed to enable Governors to fully exercise their planning, administrative, supervisory, and inspection roles vis-à-vis the provincial directorates, the RRAD Model ensures Governors perform their assigned oversight functions and at the same time empower and hold the professional directors accountable for providing services. This, in turn, will lead to better levels of service delivery to Iraq’s citizens.

In addition, the RRAD Model empowers Governors to retain the authority to make important decisions, among them:

  • Imposing major administrative penalties on or terminating employees
  • Issuing appointment orders or making decisions that have financial consequences
  • Assigning authorities that were formerly exercised exclusively by the ministers
  • Forming investigative committees
  • Imposing administrative penalties on, or accepting the resignations of directors (whether terminated or retiring)
  • Creating Fining Committees and making decisions related to fines
  • Granting long and/or study leave or dispatching staff for long periods of time (whether in country or abroad)
  • Approving plans and programs proposed by the directorates

The GSP/Taqadum-developed RRAD Model also delineates ministerial authorities and responsibilities to provincial executive directors (or Directors of Directorates). This distribution enables Directors to perform their daily work, the goal of which is, ultimately, to deliver the best possible level and number of services to citizens. The following criteria was followed when assigning authorities to provincial directorate directors:

  • At a minimum, all authorities granted to the executive directors by ministers before the implementation of Article 45, of Law 21, as amended
  • All specialized/technical authorities that enable them to exercise the transferred technical functions
  • All financial and legal authorities that allow them to perform the day-to-day work of the directorate.

 

The following provinces have adopted and applied, to a certain degree, the GSP/Taqadum-developed the RRAD Model:

Education, Water, Sewer, and Municipality

Education, Health, and Municipalities

Education, Health, and Municipality

Education, Health, and all six Ministry of Municipalities and Public Works provincial directorates

Health, Education, and all six Ministry of Municipalities and Public Works provincial directorates

Health and Education

Health and Municipalities

Health, Education, and all six Ministry of Municipalities and Public Works provincial directorates

Health, Education, and all six Ministry of Municipalities and Public Works provincial directorates

Health, Education, and all six Ministry of Municipalities and Public Works provincial directorates

The following examples clearly show the differentiation between the Governor and provincial Director’s roles, responsibilities, and authorities:

Function (Legal) - Legal Representation
  • Delegated to the Governor: Allows the Governor to grant of the Power of Attorney to legal staff in the Directorate General or to branches that do not have a legal personality
  • Delegated to the Director General: Based on the Power of Attorney granted to this position, the legal staff in the Directorate Generals can represent the Directorate in court
Function (Finance): Transfer of Financial Appropriations
  • Delegated to the Governor: Allows the Governor to approve transfer of budget items at the provincial level, and to transfer budget items during implementation of budget
  • Delegated to the Director General: Allows the Director General to propose transfer between and relocation within budget items at the directorate level, and also to distribute financial appropriations among directorates and their branches

NEXT STEPS

  • Work with the remaining two provinces (Babil and Muthanna) to define the distribution of roles, responsibilities, and working relationships after the functions transfer Ministries to provinces
  • Regarding the Roles, Responsibilities, and Authorities Distribution Model (RRAD Model) for the four newly added Ministries Agriculture (MOA), Construction and Housing (MOCH), Youth and Sports (MOYS), and Labor and Social Affairs (MOLSA) in the four pilot provinces, GSP/Taqadum will: 1) work cooperatively with them to finalize the initial draft; and 2) will share it with all provinces via a national workshop for discussion, unifying, and adoption by ten newly added directorates: MOA – 1; MOCH – 3; MOYS – 1; and MOLSA – 5.

ADDITIONAL ACHIEVEMENTS

Replicating GSP/Taqadum’s work with the initially targeted Ministries of Education, Health, and Municipalities and Public Works, regarding the project’s assisting the GO’s and targeted directorates to define the distribution of roles, responsibilities, and working relationships after the functions transfer Ministries to provinces, GSP/Taqadum continued meeting with the provinces providing technical assistance and discussing the framework of authority delegation from Governors to Directors. To date, Kirkuk has officially delegated authorities (joining the nine provinces of Baghdad, Basrah, Dhi Qar, Diyala, Diwaniyah, Karbala, Maysan, Najaf, and Wasit that adopted the proposed draft legislation last quarter).

GSP/Taqadum selected four pilot provinces (Basrah, Diyala, Karbala, and Kirkuk) to work with sub-committees in the transferred directorates to prepare an initial draft model outlining the distribution of roles, responsibilities, and authorities between the GOs and the 10 newly transferred directorates from the new four ministries.

  • Basrah to prepare the initial draft model for Ministry of Agriculture
  • Diyala to prepare the initial draft model for Ministry of Youth and Sports
  • Karbala to prepare the Initial draft model for Ministry of Labor and Social Affairs
  • Kirkuk to prepare the initial draft model for Ministry of Construction and Housing