2020 Public Service Commission annual report

Message from the Chair of the Public Service Commission

On November 9, 2019, I was honoured to have been appointed as Chair of the Public Service Commission (PSC). As a past member of the PSC, I am committed to promoting the Commission’s excellence in setting goals, objectives and strategic directions for managing human resources.

This year, the Ontario Public Service (OPS) has proven once again to have a flexible and nimble workforce. Our resiliency through an unprecedented rate of turnover, as well as managing a global pandemic, have demonstrated that we are able to adapt through changing social and economic contexts while preserving quality service delivery for Ontarians.

We made progress against the 2019/20-2021/22 PSC Business Plan and reinforced the principles of a positive and inclusive workplace culture, engaged and innovative leaders and effective and fair HR practices in everyday business practices across the public service.

The OPS relies on a highly skilled, diverse and engaged workforce to advance government priorities and be a public service that is inclusive, forward-thinking, transparent and responsive. The PSC believes it is also important for OPSers to see themselves reflected in their leadership. In December 2019, the organization communicated its corporate goal of achieving parity between the diversity of OPS leadership teams and the Ontario labour force by 2025. A diversity of identities, experiences, perspectives and skills at all levels will result in more responsive and equitable policies, programs and services.

The PSC is proud of the public service, the quality of policy advice to government and delivery of programs and services to the people of Ontario. I have thoroughly enjoyed my role as Chair of the PSC, and I am confident that the PSC will continue to provide thoughtful guidance to the public service in the year ahead.

Kevin French
Chair of the Public Service Commission

Purpose of the report

The purpose of this report is to detail annual progress made against priorities, measures and targets outlined in the 2019/20 to 2021/22 Public Service Commission Business Plan.

Agency description

The Public Service of Ontario Act, 2006 (PSOA) created the PSC. The PSC is assigned authority under the PSOA to establish terms and conditions of employment for employees in ministries and Commission public bodies. Authority covers appointments to the public service, discipline, investigations, dismissals, post-service conflict of interest and conflict of interest financial declarations. The PSC issues directives and policies to establish principles and requirements to fulfil statutory obligations, and to set expectations for effective management of public servants. To optimize efficiency and reinforce management accountability, the PSC delegates most decision-making authority relating to human resource management to deputy ministers for employees in ministries and to prescribed delegates for employees in Commission public bodies.

As defined by the Agencies and Appointments Directive, the PSC is a “Non-Board-Governed Regulatory Agency”. A memorandum of understanding (MOU) between the President of the Treasury Board (Minister, Treasury Board Secretariat (TBS) and the PSC Chair outlines the government’s expectations of the PSC. The PSC is accountable to the TBS Minister through the MOU. The 2020 PSC membership list is outlined in the appendix.

Mandate

The PSOA grants most human resource authorities to the PSC and others to the Management Board of Cabinet (MBC). The MBC, under the PSOA, can also establish terms and conditions of employment by directive.
The mandate of the PSC, under Part III of the PSOA, is to ensure:

• Effective management and administration of human resources in relation to public servants that the PSC or its delegates appoint to employment by the Crown.
• Non-partisan recruitment and employment of public servants that the PSC, or its delegates, appoint to employment by the Crown.

Financial statement and total annual remuneration

The PSC does not require a budget or staff, and commissioners are not remunerated to serve on the PSC. However, Office of the Public Service Commission in TBS provides secretariat services with a staff resource (equal to half a full-time equivalent). Funding for the PSC’s administrative operations is provided by TBS.

Performance measures and annual targets

PSC performance in 2019/20 is assessed against targets set in the 2019/20 to 2021/22 PSC Business Plan for the following activities:

• OPS HR Plan 2015-2020
• Policy development
• Public service talent and leadership
• Conflict of interest
• Administration and reporting

OPS HR plan 2015-2020

PSC ensures the effective management and administration of human resources in relation to public servants it appoints by way of monitoring progress on enterprise-wide HR strategy (“OPS HR Plan 2015-2020: Building on our Strengths – Leading Change for the Future”). The OPS HR plan provides a roadmap for strategic human resource planning so that the OPS is positioned to attract and retain the best employees. The multi-year plan is evidence-based and drives activity around three priorities:

• Fostering a positive and inclusive workplace culture
• Developing engaged and innovative leaders
• Implementing effective and fair HR practices

The performance measurement framework for the OPS HR Plan 2015-2020 assigns a performance score for each strategic priority comprised of an aggregation of key performance indicators. The key indicators were selected to identify progress towards end-state outcomes and are derived from several data sources, including corporate surveys, Workforce Information Network and data from HR program areas.

2015-2020 OPS HR plan performance measurement framework

After two years of progress in a positive and inclusive workplace culture, engaged and innovative leaders, and effective and fair HR practices, the scores in Year Three decreased. The decrease relates largely to the timing (November 2019) of the last OPS Employee Experience Survey, which was a time of transition for the OPS. In 2019, an unprecedented number of long-tenured employees participated in time-limited voluntary exit programs with impacts across the organization. Despite the decline in engagement, motivation to improve ministry results remains high at 73% in agreement.

The overall employee engagement score dropped 3.6 points from 69.8 in 2018 to 66.2 points in 2019. Employee engagement is a combination of an employee’s commitment to the organization, motivation to support the achievement of its goals, and satisfaction with the work environment and the organization. This can vary across the OPS and be affected by internal and external factors.

There are potential service and reputational risks associated with a decline in Positive and Inclusive Workplace Culture as the OPS strives to be regarded as an inclusive employer of top talent that is representative of the people of Ontario while creating conditions for a successful workforce.

The next multi-year OPS HR strategy is in development and will be introduced in FY 2021/22. It will build on the successes of the previous plan and introduce new performance indicators linked to relevant, strategic priorities that position the OPS for future success.

Policy development

Aligned with the OPS HR Plan commitment to modernize HR policies, the PSC confirmed the HR policy review agenda for 2019/20. Through systematic reviews and evaluation of HR policies, the PSC has assurance that critical direction is given to ministries and Commission public bodies that is current, relevant and reflective of best practices.

The updated policy development and review agenda (2019/20-2021/22 Business Plan) captures changes in practice, emerging opportunities, and creating conditions to enable government priorities.

In 2019/20, 100% non-compensation policies that were part of the PSC-endorsed annual HR policy review agenda were reviewed, including three policies where legislation prescribes an annual review (under Occupational Health and Safety Act).

Non-compensation HR policies are reviewed and evaluated approximately every five years. Non- substantive updates and ad hoc reviews occur as needed within the five-year cycle. Priority for the policy review agenda is driven by legislative requirements (e.g. annual reviews of health & safety policies), length of time since last review, accuracy (e.g. organizational changes, designations, responsibilities), and program and service delivery feedback.

In December 2019, the first baseline analysis of span of control in the OPS (“OPS Span of Control Baseline Report”) was tabled with the Public Service Commission. The report will be used as a comparator for monitoring managerial spans of control.

Public service talent and leadership

As previewed in the 2018/19 Annual Report, the organization leveraged the unique opportunity of increased exits to proactively assess talent for Executive 3 and 4-level positions, using multiple sources of input to sustain capacity in critical business areas. In 2019, 148 executives were approved to leave the organization by December 31, 2019 through the Voluntary Exit Program. In 2019/20, the Office of the Public Service Commission consulted with deputy ministers to assist them in planning a variety of strategies for assistant deputy minister vacancies. Strategies included direct assignment, invitational competition and advertised, competitive process. PSC will be reviewing the impact of this initiative in 2020/21 to advance strategic talent objectives to engage leaders through mobility and development, diversify senior leadership and move leaders fluidly throughout the organization where they will have the most impact.

PSC retains authority to appoint senior executives in Executive 3 and Executive 4 classes of positions (assistant or associate deputy minister or equivalent) and monitors trends.

2019/20 Appointment statistics

Executive 3 and Executive 4 appointments

103

Lateral moves

33%

Promotions

61%

Sourced from external organizations

6%

Temporary assignments

71%

Permanent assignments

29%

Conflict of interest

PSC is the ethics executive for former public servants who worked in a ministry, other than in a minister’s office. Whenever a former employee plans to engage in activities that could create a conflict with their former employment, he or she is obliged to request a conflict of interest (COI) determination. Requests for a post-service COI determination are submitted to the PSC, which is responsible for making a determination and issuing directions to the former employee.

In 2019/20, 53 requests were received for post-service conflict of interest determinations. Forty-seven per cent of determinations were made within 60 days of receiving the request.

Typical reasons for delays include:

• Delays in Deputy Minister Offices receiving the request from former employees.
• Delays in Office of the Public Service Commission receiving additional information from the ministry necessary to make a determination.
• Requests requiring input from multiple ministries.

The average number of days required for the request for a post-service COI determination to reach Office of the Public Service Commission was 46. Once the case is received, the average number of

days to make a determination was 23. Office of the Public Service Commission will review the intake process for opportunities to improve efficiency in making determinations to former OPS employees. There were no cases where PSC had to act due to non-compliance with direction.

The PSC maintains a list of ministry positions which routinely work on one or more matters that might involve the private sector and have access to confidential information about those matters. Identified ministry employees received three communications between July 2019 and March 2020 advising them of their obligation to submit a financial declaration to the Integrity Commissioner or a previous declarant attestation to Office of the Public Service Commission (if they had previously submitted a financial declaration that remains current). Eighty-four per cent of identified employees have completed a declaration or attestation. Follow up is underway to collect outstanding declarations.

Administration and reporting

Office of the Public Service Commission initiated a review of PSC business processes in January 2020 to identify opportunities to optimize efficiency. The review was completed and approved by the PSC in May 2020. Business process changes will be reported in the 2020/21 annual report.

Risk mitigation

PSC makes decisions with respect to matters that have potential political, financial and legal risks:

• Exceptions to PSC-approved policies.
• Appointments of senior executives in Executive 3 and Executive 4 classes of positions.
• Dismissals of employees in Executive (levels 2 to 4) classes of positions.
• Determinations of conflict of interest:
  • Post-service conflict of interest for former ministry employees.
  • Maintaining and communicating obligations to employees who routinely work on one or more matters that might involve the private sector.

In the 2019/20-2021/22 PSC Business Plan, the PSC identified mitigation strategies to leverage for managing the potential risks that may arise in the course of operations.

• Approving policy direction that creates conditions for building and sustaining a skilled, diverse and engaged workforce and preserves a merit-based, non-partisan public service.
• Reviewing and updating policy direction so it remains current, relevant and enabling of government direction.
• Seeking advice from TBS Legal Services Branch on matters for which there are significant legal risks (e.g. dismissals; ethical behaviour).
• Composing PSC membership with Secretary of the Cabinet and Deputy Minister, TBS as permanent members and cadre of rotating deputy ministers provides the PSC with the benefit of diverse OPS workplace perspectives when considering strategic human resource proposals, and helps the PSC be cognizant of public policy impact of decisions that it renders.

Future considerations

The PSC will assess results from 2019/20 and identify opportunities to streamline processes, increase efficiency and strengthen performance for 2020/21. The PSC will report on progress against 2020/21 priorities to the Legislative Assembly in accordance with the Treasury Board/Management Board of Cabinet timelines.

Office of Public Service Commission Treasury Board Secretariat

Appendix: Public Service Commission members (as of March 25, 2020)

Chair, Public Service Commission

Kevin French

Deputy Minister, Treasury Board Secretariat
Secretary of Treasury Board and Management Board of Cabinet
Room 5320, Whitney Block
99 Wellesley Street West
Toronto, ON M7A 1A1
416-325-1607

Commissioners

Shawn Batise

Deputy Minister
Ministry of Indigenous Affairs
5^th Floor, 777 Bay Street
Toronto, ON M7A 2J3
416-327-4496

Lynn Betzner

Deputy Minister
Ministry of Intergovernmental Affairs
Associate Secretary of the Cabinet
14^th Floor, 56 Wellesley Street West
Toronto, ON M7A 1E9
416-325-9698

Denise Cole

Deputy Minister
Ministry for Seniors and Accessibility
6th Floor, Suite 602
777 Bay Street
Toronto, ON M7A 2J4
416-314-3802

Steven Davidson

Secretary of the Cabinet & Head of the Public Service
Room 6420, Whitney Block
99 Wellesley Street West
Toronto, ON M7A 1A1
416-325-7641

Serge Imbrogno

Deputy Minister
Ministry of the Environment, Conservation and Parks
5^th Floor, 777 Bay Street
Toronto, ON M7A 2J3
416-314-6753

Nancy Matthews

Deputy Minister
Ministry of Heritage, Sport, Tourism and Culture Industries
438 University Avenue, 6^th Floor
Toronto, ON M5G 2K8
416-314-7846

Greg Meredith

Deputy Minister
Ministry of Agriculture, Food and Rural Affairs
77 Grenville Street, 11^th Floor
Toronto, ON M5S 1B3
519-826-4009

Stephen Rhodes

Deputy Minister
Ministry of Energy, Northern Development and Mines
77 Grenville Street, 10^th Floor
Toronto, ON M7A 2C1
416-327-6734

Deborah Richardson

Deputy Solicitor General, Correctional Services
Ministry of the Solicitor General
11^th Floor, George Drew Building
25 Grosvenor Street
Toronto, ON M7A 1Y6
416-327-9734

PSC secretariat

Brian Fior, Strategic Advisor to the Public Service Commission

Chief Talent Officer & Associate Deputy Minister
Office of the Public Service Commission
Treasury Board Secretariat
5^th Floor, Whitney Block
99 Wellesley Street West Toronto, ON M7A 1W4
647-283-5310

Stephen Brown, Secretary to the Public Service Commission

Director, Executive Programs and Services Branch
Office of the Public Service Commission
Treasury Board Secretariat
595 Bay Street, Suite 1203
Toronto, ON M5G 2C2
416-325-8816