Private Work

900. The duties of a Government servant include the usual duties of the post and any other duties which the Head of his Department, or; The Permanent Secretary as the case may be, may reasonably call upon him to perform. The remuneration of public officers is fixed on the assumption that their whole time is at the disposal of Government, and they are prohibited from engaging either directly, or; indirectly in trade, or; in private professional practice, save where this is permitted by the expressed terms of service, for example, in the case of Consulting Specialists and Out Island District Medical Officers on the staff of The Ministry of Health and National Insurance.

901. No public officer is allowed to take part directly, or; indirectly in the management, or; proceedings of a commercial undertaking, not withstanding that he may have invested money in such undertaking.

902. The prohibitions stated in General Orders 900 and 901 arise from the need for an officer to devote the whole of his time and attention to The Service of Government and from the need to ensure that an officer's private affairs are not in conflict with, or; do not in any way affect, and may not appear to be in conflict with, or; in any way affect, the performance of his official duties.

903. Exceptions may be made to the prohibitions against the undertaking of private work for remuneration. These exceptions will be made only in special circumstances. Prior written approval must be obtained from The Permanent Secretary of The Public Service and full details of the private work for which permission is sought, together with particulars of the remuneration which is offered, must accompany the application together with the observations of the Head of Department. Approval will be based on exceptional circumstances and an the merits of each case. Relaxation of the rule will be considered where the work is in the public interest and cannot adequately be undertaken by another person not in The Government Service, or; where the work is of an occasional nature and is clearly unconnected with the officer's official duties. The work must be undertaken outside office hours. Failure to obtain the necessary permission beforehand may form the basis of a disciplinary charge.

904. Generally, the permission of The Permanent Secretary of The Public Service will not be given in the case of:

1. employment which, having regard to the officer's position in The Public Service, might involve a conflict of loyalties, or; interest;
2. employment which tends adversely to affect an officer's efficiency;
3. employment which affords an opportunity to use Government Material, or; Machinery, or; can be engaged in during official hours: provided that approval may be given for the use of Government Machinery after official hours, to perform work for voluntary, or; charitable organizations;
4. employment that is not in keeping with an officer's status and position in The Public Service.  
   In no case will approval be given for a period of more than a year at a time, and approval will be subject to periodic review to ensure that the private work is not affecting the performance of the officer's duties in The Government Service.

905. Officers are not permitted to undertake work for Public Boards, or; Committees without previously obtaining the sanction of The Permanent Secretary of The Public Service. The officer will be permitted to undertake such work only when he is:

1. possessed of special knowledge, or; skill which is not otherwise available to the public body, or;
2. employed in Government work which can with advantage be amalgamated with the work of the public body.

906. If the work of the public body is performed during official hours, the employer will be required to pay a fee and thus payment will be credited to Revenue. In these cases, the officer may receive such payment as The Permanent Secretary of The Public Service may direct, being normally an amount equal to 50% of the fee paid by the public body. Where the fee is less than $20.00 the officer will normally be entitled to receive payment of the full amount.

907. The amount of remuneration must be paid into the Treasury on deposit until the orders' of The Permanent Secretary of The Public Service as to the share, if any, which may be received by the officer personally, are known.

908. Officers are prohibited from undertaking any private agency in any manner connected with the exercise of their public duties.

909. Unless the express permission of The Permanent Secretary of The Public Service is obtained, officers may not make valuations of property whether for the purpose of estate duty, or; for any other purpose, except on behalf of The Government.

910. No officer may accept any paid employment while on leave without previously obtaining the express sanction of The Permanent Secretary of The Public Service. Permission will not normally be withheld when an officer is on retirement leave.

Interest In Business

911. A public officer is not prohibited from acquiring shares in a company, or; business, or; from investing in any Government Loan and may make local investments in mortgages.

912. No officer is allowed to furnish supplies on account of the public without the sanction of The Deputy Prime Minister.

913. No Government contract may be let to a Government Servant, or; to any partnership of which he is a member (except to a Corporation of which he is a shareholder), or; to any company of which he is a Director, unless he has disclosed fully the measure of his interests in the contract and The Permanent Secretary of The Public Service has given permission for the letting to proceed.

914. No Government servant may accept a directorship, otherwise than with the express permission of The Permanent Secretary of The Public Service, in any company holding a contract with his Department.

915. If an officer, whether or not his whole time is at the disposal of The Government, finds that he has been given official duties whereby he would have knowledge or authority concerning his private investments, it is his duty to report details of such investments to The Permanent Secretary of The Public Service, and he may be required to divest himself of them if it is considered that his private affairs might be brought into real or apparent conflict with his public duties, or; in any way influence him, or appear to influence him, in the discharge of his duties. Similarly, he must report to The Permanent Secretary of The Public Service if he intends to acquire any private interest which might appear to compromise the complete integrity with which he should carry out his official responsibilities.

916. An officer should confidentially consult The Permanent Secretary of The Public Service as regards any investments which may be reasonably open to doubt.

917. The particulars that are to be disclosed are those that relate to any investment or shareholding which the officer may possess in any company carrying on business in The Bahamas, or; any other direct or indirect interest in such company or companies, or; in any local occupation, or; undertaking, whether in a company, or; a private venture.

918. The information disclosed will be treated as confidential. The Permanent Secretary of The Public Service will decide whether the investments or interests should be retained or the officer should be called upon to divest himself of them.

919. Where it is considered by The Permanent Secretary of The Public Service that the interests in Trade, or; Commerce of an officer's wife conflict, or are likely to conflict, or may seem to conflict with, the efficient and faithful performance of the officer's duties, the officer may be transferred to other duties where such conflict does not exist, unless his wife has in the mean time divested herself of her interests. The restriction in this General Order does not extend to the employment of an officer's wife as a paid employee of Government, or; any private firm.

Giving of Evidence in Court

920. A public officer may not, except as provided in the next two succeeding General Orders give expert evidence in Court in civil cases other than as witness for The Crown. There is no objection to his giving evidence of a nontechnical nature, or; evidence not connected with his official duties.

921. An officer who is requested to give voluntarily in court advice or evidence of a technical nature, in respect of which by virtue of his qualifications and appointment he is regarded as an expert, must obtain permission to do so before complying with the request.

922. An officer who receives a subpoena to give in Court advice, or; evidence of a technical nature, must of course, obey the subpoena.

923. An officer who receives fees in respect of technical advice, or; evidence which he gives in Court must inform The Permanent Secretary of The Public Service. Generally, he will receive a part of the fees not exceeding 50%.

Hours of Work and Attendance

924. The normal hours of work of both indoor and outdoor staff are forty (40) hours in each week including one hour luncheon break each day Monday to Friday. The actual hours of arrival and departure may be varied to meet departmental requirements, and furthermore, staff may be required to attend on such days and for such hours as are considered necessary for the efficient conduct of public business.

925. An officer may be required by the Head of his Department to work on any Public Holiday, but in such cases the officer will, wherever possible, be compensated by being given time off in lieu unless he receives overtime payment for the duty.

926. Regular and punctual attendance is required of every officer. Working less than the minimum hours laid down, irregular attendance and unauthorized absences from the place of work will form the basis of disciplinary charges.

927. In each Department an attendance register will be kept in the charge of a senior officer designated by the Head of Department. All officers, with the exception of those on Scales with minima of BS$21,550 (w.e.f. 1/7/06), or; above and in Scale X3 shall be required to sign the register and record the time of arrival and departure. Five minutes after the due time of arrival in the morning the register will be ruled off and taken to the Head of Department or designated officer and late comers will be required to sign on in the presence of that senior officer. Early departures and extended luncheon periods shall be observed by the senior officer charged with keeping the register and officers will be warned in writing whenever there is persistence late arrivals and early departure irregular attendance, extended luncheon breaks, or unauthorized absences and disciplinary action may be taken.

927(A). Public officers on duty should always be neatly and soberly dressed. The normal form of dress for male officers attending office is a jacket and tie. However, during the summer months (April - October) male officers may wear open neck shirts. Highly coloured, or; brightly patterned clothes are not permitted. For important meetings and formal interviews jackets and ties should always be worn.

928. Any Government servant who absents himself from duty without permission renders himself liable to be dismissed from the Service . The onus will rest on him to show that the circumstances do not justify such such action being taken.

929. Permanent Secretaries will inform The Permanent Secretary of The Public Service, and Heads of Departments will notify both their Permanent Secretary and The Permanent Secretary of The Public Service, when ever they leave New Providence for any purpose that affects the performance of their official duties.

930. The Government Administrative Officer in Freeport must be informed whenever it is proposed to visit that area, or; take any action there.

931. Officers may be allowed, at the discretion of the Head of their Department, time off to play Cricket or Baseball in matches arranged under the auspices of The Bahamas Cricket Association, or; similar recognised association provided that:

1. the stipulated number of working hours is not thereby reduced, and;
2. regard is first paid to the requirements of The Service.

Publications and Public Utterances on Political and Administrative Matters

932. A public officer must in no circumstances become publicly involved in any political controversy, unless he becomes so involved through no fault of his own, for example, in the proper performance of his official duties; and he must have it in mind that publication either orally, or; in writing of any material, whether of direct political interest or relating to the administration of The Government, or; of a Department of Government, or; any matter relating to his official duties, or; other matters affecting The Public Service, might immediately involve The Public Service in such controversy.

933. Except in pursuance of his official duties therefore and with the permission of The Permanent Secretary of The Public Service, no public officer whether he is on duty, or; on leave, shall:

1. act as an editor of any newspaper, magazine, or periodical, or take part directly, or; indirectly in the management thereof;
2. contribute to, whether anonymously, or; otherwise, or publish, in any newspaper, magazine or periodical, or; as a Book, or otherwise publish or cause to be published in any manner, in The Bahamas, or; elsewhere, anything which is connected with his official duties or those of other officers, or; which may reasonably be regarded as of a political or administrative nature, nor may he write on questions of such nature;
3. speak in public, or; broadcast in any way, on any matter which may reasonably be regarded as of a political or administrative nature; allow himself in any circumstances to be interviewed, or; express any opinion for publication on questions of public policy, or; on any matter of administrative or political nature, or; on matters affecting the administration or security of any state or territory.

934. While an officer may publish or cause to be published, matters relating to subjects of general interest, he may do so in his capacity as a private individual and not as a public servant, and any letter to the press must be headed with his private address and not his official address and must be signed with his name only and not with his name and official position in The Public Service.

935. Nothing in General Orders in this Section of this Chapter shall be deemed to prevent an officer from publishing in his own name, by writing, speech, or; broadcast, matters relating to a subject other than one which can reasonably be regarded as of a political or administrative nature, provided that in so publishing any matter compiled with Government sanction from official records, he gives prominence to a disclaimer of Government responsibility for its accuracy. The prior consent of The Permanent Secretary of The Public Service must be obtained for publication of a book, or; other work, the subject matter of which is connected with the officer's duties, or; those of other officers.

936. If an officer is in any doubt as to whether or not he may publish material, or; cause material to be published or engage in a broadcast, he must seek the prior approval of his Permanent Secretary, or; if there is no Permanent Secretary, of his Head of Department. If The Permanent Secretary or Head of Department proposes to give permission he should record that there is "no official objection to publication." Care must be taken to avoid the implication that publication has official authority, and any such phrase as "publication is approved" should not be used.

937. If The Permanent Secretary or Head of Department is in doubt as to whether or not permission should be given in any case, he should refer the matter to The Permanent Secretary of The Public Service who may seek a decision from The Deputy Prime Minister.

938. This states that:

1. No officer or other Government servant shall, save in the course of his duty, disclose, or; communicate to any person in any manner whatsoever, or; make any copy, or; note of the contents of, any document which is in the possession of The Government unless he has first been permitted so to do in accordance with the provisions of this Order.
2. An officer or Government servant requiring permission under paragraph (1) of this Order shall apply to The Permanent Secretary, who, save in any case to which the provisions of paragraph (3) of this order apply, may, subject to any instructions either general or special by The Minister, give such permission:  
   Provided that The Permanent Secretary shall not give any such permission:  
   
   1.  for the production in evidence before a Court of any such document, unless he has first obtained the approval of The Secretary to the Cabinet acting in accordance with the instructions of The Prime Minister, or.
   2. in respect of any document which relates to, or; contains any reference to, the decision to employ or dismiss any officer or other Government servant, or; the conduct, or; personal affairs of any such officer or servant, unless he has first obtained the approval of The Permanent Secretary of The Public Service acting in accordance with the instructions of The Prime Minister.
3. A Permanent Secretary shall not give any such permission in respect of any document, disclosure of which, or of the contents of which, has been requested by any person (including any Government or Governmental Agency) from outside The Bahama Islands, but shall refer any such request to The Permanent Secretary, Ministry of External Affairs, who, subject to any instructions either general, or; special by The Minister, may permit such disclosure to such extent and in such manner as he shall approve, or; refuse to permit such disclosure.
4. In this Order:
   1.  "Document" includes any letter, report, map, plan or design and any record, minute or note of any matter made in writing, in shorthand, by printing, or; on tape, and further includes the transcription of any shorthand note, or; tape recorded matter.
   2. "The Minister", in relation to the public officers specified. in head (i) of sub-paragraph (c) of this paragraph, means The Prime Minister;
   3. "The Permanent Secretary" means:
      1. as respects applications by officers or other Government servants in The Office of The Governor General, the Judicial Department, the Legal Department and the Audit Department, respectively Secretary to Governor General, Chief Justice, The Director of Legal Affairs and the Auditor General.
      2. as respects applications by officers or other Government servants in any other Ministry or Department, The Permanent Secretary responsible for that Ministry or Department.

939. The normal channel of communication between The Government and the Press is the Information Department. Press reporters who approach officers with requests for interviews must be referred to the Information Officer.

941. No officer is allowed to call a public meeting to consider any action of Government, or; actively to take part in such a meeting.

942. No officer, other than an official of a recognized Union may sign, or; procure signatures to, any petition regarding the actions or proposals of Government.

943. Any breach of the Provisions of this Section, or; those of the Section next following will render the officer concerned liable to instant dismissal.

944. The provisions of the General Orders contained in this Section of this Chapter shall apply not only to an officer but equally to his spouse and an officer may be held responsible for the observance of these provisions by his wife. The measure of the officer's responsibility will depend on the circumstances of each case.

945. While it is not the intention of Government to restrain Government servants from joining Trade Unions or participating in their activities, they should take care not to violate the provisions of this Section and the one next succeeding, or; to overstep the bounds of good discipline. Trade Union rights will not absolve them through his superior officer from disciplinary action arising from any infringement of these two sections.

Representations

946. This states that:

1. Any Government servant who has any representations to make on any matter relating to The Public Service must in the first instance address them to The Permanent Secretary of The Ministry in which he is employed, or; if there is no Permanent Secretary, to the Head of his Department. If the Head of Department or The Permanent Secretary is unable to settle the matter, he will submit a full report to The Permanent Secretary of The Public Service. If the matter is dealt with by the Head of Department, or; The Permanent Secretary but not to the satisfaction of The Government servant concerned, the latter may address himself to The Permanent Secretary of The Public Service. He may, however, do this only through the Head of Department or Permanent Secretary, but these senior officers are bound to forward the representation together with their comments to The Permanent Secretary of The Public Service. The Permanent Secretary of The Public Service will, as appropriate, submit the matter to The Governor General, to The Commission, or; to The Deputy Prime Minister, who is constitutionally responsible for terms and conditions of service. The Permanent Secretary of The Public Service will convey the decision to the officer through The Permanent Secretary or Head of Department.
2. Where the representations are made in writing, they should be addressed under flying seal to The Permanent Secretary and the officer through whom they are channeled must forward them to The Permanent Secretary, together with a covering memorandum in which shall be included any relevant observations.

947. The procedure for appealing against disciplinary proceedings taken by an empowered officer is dealt with in Chapter 11 (Disciplinary Proceedings).

948. General Orders 946 and 947 are without prejudice to the procedure provided for under the Recognition Agreement with The Bahamas Civil Service Union.

Political Activities of Civil Servants

949. This states that:

1. The first duty of a public officer is to give his undivided allegiance to the state, that is, to The Government of the day. In joining The Public Service, a public officer voluntarily enters a profession in which his service to the public will take a nonpolitical form; and whatever may be his political inclination his impartiality in the performance of his duty must be beyond suspicion. It follows therefore that a public officer should not normally take any active part in matters of public, or; political controversy, and particularly if the matter is one with which he is officially concerned.
2. Political activities in The Bahamas may be defined as follows:
   1. adoption as a candidate for election to The House of Assembly;
   2. holding office in a party Political Organization;
   3. speaking in public on matters of national political controversy;
   4. expressing views on such matters in letters to the Press, or; in Books, Articles or Leaflets, or; by Broad-Casting or on Television, and;
   5. canvassing or distributing Pamphlets, etc... on behalf of a candidate or political party;  
      This definition of political activities does not deprive an officer of his right to membership of a political party.
3. As regards paragraph 2(a) above where any public officer or employee seeks adoption for election to the House of Assembly, he will, if adopted, be required to resign forthwith from The Public Service.
4. As regards remaining political activities defined in paragraph 2(b), (c), (d), and (e) above, The Public Service may be divided into three groups:
   1. The 'politically restricted' group i.e. the senior public officers particularly those whose duties include advising Ministers, or; who may be serving in a sensitive post, or; in a senior and influential position as defined in paragraph 5(a) below, who are completely debarred from all political activities.
   2. The intermediate' group i.e. the large group of Typists, Clerks and Technicians etc... who are eligible for freedom to engage in all political activities, but only if specific permission is granted and subject to conditions which may be imposed.
   3. The 'politically free' group i.e. the unestablished weekly paid employee and equivalent, who are completely free to engage in all political activities.  
      Those free to engage in political activities, or; those who may be granted permission, may not of course, engage in such activities during official hours of work, or; on official premises, or; in official uniform and such activities must not otherwise interfere with the performance of official duties.  
      The three groups referred to in paragraph four above require to be clearly defined. Definitions are as follows:
      1. Politically Restricted Group
         1. All public officers in scales which start at $11,100 per annum and above, including officers in Scale I at salaries of $11,150 per annum and above.
         2. All public officers serving in any posts in:
            1. The Governor General's Office
            2. The Cabinet Office
            3. Ministry of Finance
            4. The Service Commissions
            5. The House of Assembly
            6. The Senate
            7. Parliamentary Registration Department
            8. Principals and Vice Principals of Schools
            9. Ministry of Foreign Affairs
            10. Ministry of The Public Service
            11. Ministry of National Security
         3. All other officers and men in The Royal Bahamas Police Force and The Royal Bahamas Defence Force.
      2. Intermediate Group  
         All public officers not listed in A above appearing in scales which start below $11,100 per annum. All public officers serving as Teachers, etc... other than Principals and Vice Principals, listed 52 in Scales SI0 - S13.  
         (iii) All public officers serving in unestablished posts the maximum salary of which exceeds the equivalent of $9,000 per annum. Permission to engage in political activities will not be unreasonably withheld from officers serving in posts in the Intermediate group.
      3. Politically Free Group  
         All officers and employees not included in Group A and B above.  
         Apart from the foregoing, the character of any Public Service depends entirely on its loyalty, integrity, ability and impartiality. It follows therefore that public officers should maintain a code of reserve in all political matters and that the public airing of an officer's own political views may destroy that impartiality which any Government may expect of its own Public Service. To ensure therefore that standards are upheld, it may be necessary in a case of serious indiscretion, to consider action against the public officer concerned.