Favoritism in appointing a manager

Statement

At their session held on July 17, 2019, the CFPM members analyzed a complaint concerning an appointment without competition for a temporary manager position relating to the following allegation:

THE COMPLAINANT ALLEGES THERE WAS FAVORITISM BY THE HIRING MANAGER IN THE TEMPORARY NOMINATION OF A CANDIDATE.

In order to fully understand the nature of the complainant's allegation, the Commission carefully gathered his/her testimony and went over the elements contained in the complaint form, as well as any other relevant facts the complainant wanted to bring to our attention.

Investigation methodology

  • A meeting with the complainant was held to determine the nature of the complaint, analyze its admissibility and study the complaint thoroughly.
  • An interview with the hiring manager involved was then conducted, with the consent of the complainant, in order to obtain his/her version of the facts.
  • The CFPM interviewed other witnesses concerned by the complaint.
  • All the parties met or interviewed were informed of the confidentiality of the process and agreed to abide thereby.
  • A review of the documentary evidence was also conducted.
  • The investigation process including meetings or telephone interviews, analysis of the testimonies and documentation, as well as the conclusions, was then presented during a board meeting with CFPM members.

Facts

The Commission is of the opinion that all the factors that prevailed at the time of the decision, in connection with the temporary appointment of the candidate in question, warranted the nomination without competition of the latter to provide the interim in question. More precisely:

  • The candidate is a long-time employee of the department and is familiar with the current issues and projects underway in the concerned department.
  • This employee has also been appropriately identified through the human resources service's succession management program, which is designed to identify potential talent, for temporary management positions.
  • The need to temporarily fill the position in question arose when three managers were absent at the same time, all from the department concerned.
  • The department director then consulted with his/her peers and human resources business partners in order to obtain their approval in connection with his intention to temporarily appoint the said candidate.
  • In accordance with the Ville’s staffing policy for management positions, the request for this temporary appointment without competition was approved as the candidate had the required experience. In addition, his knowledge of the department’s operations made him the person designated to provide the requested interim. In fact, the staffing policy states that an appointment without competition is possible when "the position is temporarily filled for less than 12 months by an employee who meets the requirements of the job or position". 
  • As indicated by several of the witnesses interviewed by the Commission, the candidate was the only resource available and entitled to temporarily perform the duties of the position in question at that time.

Conclusions

Following the analysis of all the facts brought to the attention of the CFPM, the members found that HR had committed no breaches with respect to the complainant’s allegation. For this reason, the complaint was considered to be unfounded. 

 

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