Non-Executive Director policy for public servants

​ ​Introduction

This document comes in two parts.

Part one sets out the Jersey Public Services policy and principles regarding additional engagement as a Non-Executive Director.

Part two provides the procedure, setting out how to implement the policy with links to toolkit items to give you more information. The procedure is intended as a guide only and may change or be varied from time to time.

This policy supersedes all previous policies, circulars and procedures connected with non-executive director roles within the Public Service.

Code of practice and policy family

This policy forms part of the Code of Practice for standards in public service. This code will be reviewed at the start of each term of States Employment Board, or earlier where relevant legislation or regulations change.

Non-Executive Director policy

Policy Purpose

The purpose of this policy is to provide information and guidance on the application and approval process for the role of a Non-Executive Director.

This includes paid and unpaid Non-Executive Director roles for charitable organisations, companies, arms-length organisations, and Government-owned entities.

Policy Principles

All our policies are underpinned by our values and b​ehaviours.

This policy and procedure aim to:

• ensure everyone is treated in a fair, consistent, and equal manner, free from discrimination and victimisation
• be clearly written, easy to understand and apply
  
• ensure our compliance with the Employment (Jersey) Law 2003, Discrimination (Jersey) Law 2013 and other relevant legislation and regulations
  
• ensure public confidence in the public service and safeguard against any conflict of interest between a Non-Executive Director role and your position held within the public service
• safeguard against any perception that an employee or appointee of the public service could be unduly influenced or may not be independent in their role as a Non-Executive Director
• ensure a clear approval route is in place for all applicants
• ensure that, if approved as a Non-Executive Director, you are not provided with, and do not provide an unfair competitive advantage by reason of your role as a public servant with assumed access to information
  
• ensure that you do not use any knowledge or information acquired through your role within the public service to inappropriately benefit yourself or the company with which you are associated
• identify any actual or potential conflicts of interest and agree how they should be managed. 
  

Policy Scope

This policy applies to all Jersey public servants on permanent and non-permanent contracts of employment, including those on zero-hour contracts. Whilst this is a Government of Jersey policy, it applies to employees employed by the States Employment Board. Any references to the States of Jersey means the wider, non-executive arm of government.

Performance and accountabilities

All of us

We all have responsibility to comply with this policy when requesting permission to apply for a Non-Executive Director position.

Once appointed, you have the responsibility to uphold the highest standards of conduct and comply with all relevant guidance and legislation.

You must not seek a profit or avoid a loss for yourself or others (family or family friends) by making personal use of information acquired from our role as a Non-Executive Director.

If appointed as a Non-Executive Director, you must not be open to, or perceived to be open to improper influence, including the acceptance of gifts and hospitality.

Chief Officers and Heads of Administration (or delegate)

Where appropriate, you are responsible for the approval of any applications received for Non-Executive Director roles in your department and informing the Chief Executive Officer of any applications within your department which are of a contentious nature and may require approval by States Employment Board.

You are responsible for modelling and championing our values and ensuring that our organisation's standards and expectations are communicated clearly and fully adopted by your department. You set the tone for the behaviours both within your department and across the organisation.

Chief Executive Officer

You are accountable for familiarising yourself with: 

•  our 6 Codes of Practice
  
•  this policy and procedure
  

You will ensure that Chief Officers and employees within your department carry out their responsibilities as set out in this policy. This includes the notification and recording of any breaches and upholding the spirit of the code of this policy and procedure.

You are responsible for modelling and championing our values and ensuring that our organisation's standards and expectations are communicated clearly and fully adopted by your department. You set the tone for the behaviours both within your department and across the organisation.

As delegate on behalf of States Employment Board, it is your responsibility to review any applications received for Chief Officers. In the event of any contentious applications, you must submit these to the States Employment for a decision.

In the event of your own application for a Non-Executive Director role, you must submit a request for an application to the Chief Minister for approval.

Chief People Officer

You are the custodian of all Government of Jersey people policies. 

You will ensure that this policy and its procedure are implemented using appropriate communication methods, to aid organisation-wide awareness, in order that responsibilities can be fulfilled.

You will ensure that reviews take place in line with the schedule in the policy control sheet and that development of this policy and procedure is in keeping with the Corporate Policy Framework, People Policy guidelines and our People Strategy.

You are responsible for ensuring that mechanisms are in place to monitor data relating to concerns raised.

States Employment Board

States Employment Board are responsible for approving or declining applications made by the Chief Executive Officer under this policy, or any applications received which are of a contentious nature. The role of the States Employment Board is to highlight any potential conflicts of interest.

The Board has a duty to issue Codes of Practice in accordance with Article 8 of the Employment of States of Jersey Employees (Jersey) Law 2005. This code will be reviewed at the start of each term of States Employment Board, or earlier where relevant legislation or regulations change.

The procedure

There is no legal distinction between Non-Executive Directors and Executive Directors. Non-Executive Directors should be detached from day-to-day operations and valued for their objective insight. The procedure sets out the expectations of the States Employment Board and the role of the Non-Executive Director.

Application

Before you apply for a Non-Executive Director role, written permission must be sought through the online form. It must be submitted to your Chief Officer or delegate who has the authority to approve your application.

The application must clearly identify:

• the company or organisation you are applying for
• your reason for applying
• your role on the board, including sub-committees and expected public profile
• benefits and skills back to the public service 
  
• remuneration (as advertised)
  
• anticipated time commitment
• duration of Non-Executive Director role. This is subject to a review after 1 year and then at the end of the term of office
  
• declaration of any conflict of interests (perceived, potential or actual) and how this will be mitigated
• any current or proposed shareholdings in any company because of the Non-Executive Director role
  

Application for Non-Executive Director

Approval procedure

In the case of:

• an application from a Chief Officer, permission must be sought from the Chief Executive Officer
• an application from the Chief Executive Officer, permission must be sought from the Chief Minister.
  

All requests made by the Chief Executive Officer need permission and approval from the States Employment Board.

All other applications can be approved by the Chief Executive Officer or Chief Officer.

In the event of any contentious applications, the Chief Executive Officer reserves the right to make the States Employment Board aware of these and the States Employment Board reserve the right to approve or reject these applications. 

If your application is approved, you will be notified of the decision in writing.

If you are invited to serve an additional duration of time as a Non-Executive Director, a formal request must be submitted through the online form. This must be agreed in writing by the departmental Chief Officer or delegate.

Assurance

The States Employment Board will require assurance that as a Non-Executive Director, you will not play a part in the day to day running of the company.

Disclosure

If your appointment as a Non-Executive Director is approved, you must:

• record requests, permissions, and declarations through the conflict of interest register (available on MyStates)
  
• disclose any remuneration received from the company or organisation. If the amount changes this must be disclosed immediately. An annual disclosure of salary must be made to the departmental Chief Officer or States Employment Board before the 31 December of every calendar year
  
• disclose any changes in time commitments and keep the Chief Officer, Chief Executive Officer, or States Employment Board informed of any changes to the schedule of work or commitment. You must seek approval before accepting any additional commitments that may affect your role within the public service. 
  

Breach of this policy

Any breach of this policy will be considered a matter under the code of practice for standards in public service and the disciplinary policy.

Support and wellbeing

Your wellbeing is our priority, everyone should feel safe and supported in the workplace, sources of support can be found for public servants on MyStates.

Confidentiality

We all have a right to confidentiality throughout this procedure. Read our confidentiality toolkit for more guidance.

Confidentiality

Other documents relevant to this policy and procedure

Codes of practice

Disciplinary policy and procedure

Public Finances Manual

Conflicts of interest (available on MyStates)

Glossary of terms​​

Find terms definitions and explanations in our glos​sary.​