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Question Prerogative of the appointing authority

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Anieflor S. Ullero
Topic Author
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2 years 2 months ago #9546 by Anieflor S. Ullero

Anieflor S. Ullero created the topic: Prerogative of the appointing authority

The Director
CCS

Sometime in 2004 I applied Personnel Officer I position in oir agency. Duringbthat time i hqve finished my academic requirememts leading to Thesis Writing. My opponent finished her MPA. I was more senior in terms of services. I had more training, had a higher percormqnce rating, higher score in written exam and in the interview and as per minutes of meetings and deliberation of the PSB I ranked number 1but I did not get the position due to the uncontestable "Prerogative of the Appointing Authority." If this would always be the reason in selecting employees for promotion why not dissolve the PSB and just let the Headof Offices appoint their preference. Why did i not file cor a complaint?? I will only place myself on the blacklist and as far as I know no complainant has ever won his case.

Thank you very much.
Depressed/hopeless employee

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Action Officer
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2 years 2 months ago #9547 by Action Officer

Action Officer replied the topic: Prerogative of the appointing authority

Dear Ms. Ullero,
As a matter of policy, this Office refrains from rendering categorical opinions on matters and issues that may, later on, be the subject of an administrative proceeding before the Commission either via an appeal or a complaint. This is to preclude the possibility of prejudgment should an actual administrative case be commenced or instituted based on the said matters or issues.

Nonetheless, relevant to your query are Sections 85 and 86 of the 2017 ORAOHRA, which provide as follows:
"Sec. 85. The HRMPSB shall assist the appointing officer/authority in the judicious and objective selection of candidates for appointment
in the agency in accordance with the approved Agency Merit Selection Plan (MSP).

"The HRMPSB shall be primarily responsible for the judicious and objective selection of candidates for appointment in the agency in accordance with the approved Agency MSP and shall submit to the appointing officer/authority the top five (5) ranking candidates deemed most qualified for appointment to the vacant position.

"Sec. 86. The appointing officer/authority shall be guided by the report of the HRMPSB’s assessment of candidates and in the exercise
of sound discretion, select, insofar as practicable, from among the top five (5) candidates or less, deemed most qualified for appointment to
the vacant position, depending on the number of candidates."

We hope to have enlightened you on the matter.

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