Post-Employment Regulations
Post-Employment Regulations
When public officials are elected or appointed, the expectation is that ultimately, they would serve the public’s interest. Nevertheless, at times the public may be confronted with instances where some officials will instead act for their own interest. These self-serving actions are ultimately influenced and facilitated by the relationships between elected officials and private individuals. Poorly governed relationships between elected officials and private individuals increase the likelihood that practices that can harm the public good will ensue. Therefore, it is necessary that these relationships are strictly governed.
Concealing corrupt behaviours
Governing these relationships have entailed approaches that seek to frustrate instances where some elected officials receive undue advantages after leaving public office. Although these officials have vacated public office, such advantages may have been negotiated on unethical terms during their tenure. This practice is also recognised as a method to conceal corrupt activities and a way to avoid detection. Formerly elected officials exploiting the benefits of their pervious offices is increasingly seen as unethical, and there is growing backlash by the public. This is evidenced by the wave of criticism of former Commissioners of the European Union who obtained lucrative positions in the private sector immediately after leaving their post. This has led the EU’s ethics affairs Commissioner to call for a revised code of conduct that would limit such behaviour. Similar legislative regulations also exist in the US, under government’s code of conduct, where employees shall not seek or negotiate for employment, that conflict with official government duties and responsibilities. However, in Barbados, such practices remain unregulated despite the possibility of their occurrence. Current efforts in Barbados to combat corrupt practices are generally focused on the period of an elected official’s tenure. This is evidenced by the Integrity in Public Life Bill, that contains stipulations relating to aspects such as assets and liabilities declaratory provisions.
Post-employment regulations
As Barbados embarks on efforts to strengthen its national integrity system, progressive and robust legislative approaches ought to be explored. Since delaying the benefits of corrupt arrangements can be used to avoid detection and punishment, post-employment regulations for elected officials is a matter that ought to be raised.
Post-employment regulations are designed to ensure that integrity in the public service is enhanced. Ensuring this integrity requires minimizing the possibilities of real, apparent or potential conflict of interest between public roles and private gain including after elected officials have vacated office. These regulations may include time-based restraints, that determine the period necessary before an elected official can obtain employment at an institution, where they have had significant involvement as a public official. Other regulatory approaches may also stipulate recusal requirements, where formerly elected officials should recuse themselves from direct business relations concerning matters where they have participated significantly as an elected official. Post-employment regulations may also contain disclosure preconditions, where formerly elected officials should disclose instances where their previous public responsibilities may appear to present conflict of interest situations.
Limiting occurrences where employment arrangements are made between public officials and private interests decrease conflict of interest situations and promote good ethics. This is particularly important since some within the private sector may use employment incentives to exploit former elected official’s valuable insider information to gain advantages. Therefore, movements between former elected officials and the private sector ought to be managed. Given the private sector’s potential role in these occurrences, this sector must also operate above board by instituting codes of conduct that address these concerns in their recruitment processes.
Home-grown approach
It is likely that these regulations will present some challenges in Barbados owning to a revolving door culture that has long been a feature of our public and private sector relations. Nevertheless, we ought to reconsider the supremacy of this culture by bringing awareness and seeking to address instances where public official’s attempt to circumvent legislation that is limited to their tenure of office. Bringing awareness on these matters can be beneficial as it can generate a home-grown approach to address an area that was previously governed by gentlemen’s agreements and personal integrity. At the very least, our concerns about public sector integrity should span beyond elected official’s public tenure and into their post and external employment arrangements.