At the end of September, Ulvik Herad in Hardanger appointed a new assistant municipal manager in the health and care unit in the municipality. The process was very short: within a day, the municipality created the position, made an offer to a person and hired him. The boss job was never announced. Trustees were also not contacted. In a letter to the municipality, shop stewards from six trade unions now respond. They believe the Main Agreement, the Working Environment Act and the municipality’s internal personnel policy were breached in the process. – I had to have it explained twice before I realized what was going on, says Eivind Bergo, local team leader and chief shop steward in the Education Association in Ulvik here. – It sounds quite absurd that the municipality only assigned such an important position. It may well be that the person involved who got the job is the best qualified, but we will never know that, says Bergo. Newspaper Hordaland mentioned the case first. He thinks the process creates unrest. Bergo calls the appointment process unfair, since others did not get the chance to apply for the position. In the letter of complaint, he and his union colleagues write that they are “afraid that this will create insecurity, a poor working environment, a lack of trust in management and, not least, a bad entry into the position for the new hire”. “Many people may feel left out, and cooperation is a bit shaken when the municipality pulls tricks like this,” says Bergo. Annlaug Brandstveit, chief shop steward in the Trade Union, says they have received feedback from “a good number of employees” who have reacted to the appointment. – It has caused a lot of unrest. It is very important to make it clear that no one is angry with those involved who have been given the position. It is the process we react to, says Brandstveit. Fear of losing expertise The reason for the quick appointment was the fear of losing him to a neighboring municipality, explains municipal director Thore Hopperstad. He had received a job offer to which he had to respond within a day. The employee is a nurse with special skills. – It probably caused a bit of panic among us. We know the rules, but we were problem-focused rather than solution-oriented here and there. We thought we did something that was wise for the county, says Hopperstad. The municipal director explains that they have discussed reorganization of the health unit. The nurse previously had a part-time position. In the role of middle manager, the person concerned can keep his old work tasks, but also take over the tasks of his manager. – It was done quickly. But I don’t want to say that we created the job for the nurse. We created the position for the situation. The municipal management in Ulvik has discussed dividing the responsibilities of the health and care unit between two managers, says municipal director Hopperstad. Photo: Marit Hommedal / NTB – Should have spoken to the union representative The municipal director says he is not proud of the appointment process. – We should of course have spoken to the shop stewards before we made an offer. He now wants to meet them to create routines and to ensure that something similar does not happen again. Among other things, Hopperstad will create a routine that will make it inadvisable to appoint someone without involving the union representatives in the process. The municipal director believes that the most unfortunate thing is that employees feel passed over in the process. Heradet has been in contact with people who are dissatisfied. – We have had conversations with individuals, and I fully understand their feelings in this regard. It is not difficult to understand, says Hopperstad. The municipality will still not reverse the appointment. – Must clarify Anette Hemmingby is senior lecturer in jurisprudence at BI, and specializes in employment law. – For appointments in the public sector, the qualification principle must be followed. One must ensure that the person who is best qualified is appointed. Therefore, the position must be advertised. It is the start of an orderly process that ensures that you get hold of the best qualified, says Hemmingby. She clarifies that she is speaking on a principled basis. – It is about the trust that public funds will be used in the best possible way. An appointment is a single decision that cannot be appealed. You may have to go to court to get an appointment decision overturned, says Hemmingby. – It takes a lot before going to the courts to review an appointment. Therefore, it is very important to appoint the right person in the first instance, says Hemmingby. Anette Hemmingby is senior lecturer in legal studies at BI. Photo: Ole Andreas Bø / news The qualification principle is established in practice by the Norwegian Civil Service Office. There may still be situations where it can be avoided, explains law professor Jan Fridthjof Bernt. – I don’t want to drop the ax on this, but I want to say that the municipality has an explanation problem. They must give a very good reason for why this was justifiable, in a situation where there could be other competent applicants, says Bernt.
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Ulvik heread created a new management job and hired without advertising – news Vestland
