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Eddie Joyce, MP for Humber-Bay of Islands, said he had not violated any rule by asking NL Service Minister, Sherry Gambin-Walsh, to look for options for a friend.
Legislative Standards Commissioner Bruce Chaulk said Joyce was guilty of section 10 of the MHA's Code of Conduct for attempting to put a friend in government position.
Speaking with The Telegram last week, Joyce explained that there was a simple confusion in the game that exempts her from any wrongdoing.
Instead of trying to influence the non-political hiring process of the Public Service Commission, Joyce says that he was talking about 13-week temporary positions that come up regularly within the Public Service Commission. A given ministry.
"Many temporary jobs are created in government. There is a difference between a temporary position and a Public Service Commission position, "said Joyce.
"We do it regularly – the government could not work without it."
The complaint is corroborated by the report filed by Chaulk.
The report states that NL Deputy Minister of Service, Sean Dutton, stated that he did not feel influenced by Joyce during the hiring process – although this does not reveal any potential influence that Joyce has tried to exercise on Gambin-Walsh.
"He stated that Minister Joyce did not contact him directly, but the complainant has approached him a few times about the status of the contest," Chaulk said in his report.
"He said that she had made it clear that MHA Joyce was asking for it. He stated that their interactions had made it clear that the complainant was "under some pressure".
Joyce explained that he meant by "see what you can do", that is, if his personal friend failed to go through the Commission's hiring process. the public service, to see if there were any temporary positions available.
In the end, the person in question did not get an interview for the job, which Joyce sees as further evidence that he did nothing wrong.
Gambin-Walsh declined an interview but issued a brief statement reprimanding Joyce's statement.
"This was not a 13-week temporary position," said Gambin Walsh.
So, what exactly is a 13-week temporary job?
A spokesman for the Human Resources Secretariat said that positions are frequently offered to the government and do not require competition.
Joyce said ministers routinely handed over to each other, as a result of upcoming temporary positions. Each minister is free to place people in temporary positions as they please, without a recruitment process.
Although the process is not written in legislation, it is present in collective agreements with public sector unions. Clause 5.01 cc of the NAPE collective agreement, for example, specifies that an employee may be placed in a higher or lower position for up to 13 weeks without any competition.
The position is requested by the department but ultimately approved by the Assistant Deputy Minister, the Deputy Minister and the Minister.
There are currently 216 temporary positions of this type in government. The number fluctuates, with 148 at this time in 2016 and 218 at this time in 2014, for example.
Positions essentially allow for further work while finding a more permanent replacement for the position.
That it is a reprehensible act of Joyce in trying to influence a temporary position or that the House agrees with Gambin-Walsh that it is wrong. 39, a competition for a more permanent position, it will be determined in the coming days and weeks.
Twitter: @DavidMaherNL
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