Kurt Sansone
Updated: Government urged to assume responsibility for 'irregular' Mepa appointment
Mepa chairman defends appointment
Environment director Petra Bianchi’s appointment without a call for applications was deemed irregular by Mepa auditor Joe Falzon. Photo: Chris Sant Fournier
The Labour Party has called on the government to shoulder its responsibilities after the Mepa audit officer declared that the direct appointment of Petra Bianchi as the planning authority’s environment director without a public call for applications was irregular.
“The chairman is, with the board, jointly responsible for this as he took it upon himself to select and appoint the person on the basis of unknown criteria and did not follow the proper procedures as established by law,” audit officer Joe Falzon said.
Malta Environment and Planning Authority chairman Austin Walker rejected the conclusions and justified the head-hunting exercise, adding it was a faster process than a public call for applications.
However the Labour Party in a statement signed by Roderick Galdes, said it had always insisted that the manner of the appointment was wrong and lacked transparency.
Mr Galdes, a member of the Mepa board noinated by the PL, said he had voted against the appointment because it lacked transparency. The head-hunting exercise, he said, had taken place with the approval of the prime minister.
The post of Director of the Environment was never considered to be a political appointment, he said. The government, therefore, should shoulder political responsibility for what had taken place.
Mr Walker in comments to The Times this morning argued that the post was a position of trust and the law allowed for such appointments to be made in these cases.
Dr Bianchi was appointed head of Mepa’s Environment Protection Department in February to succeed the outgoing Martin Seychell. She is the former director of heritage group Din l-Art Ħelwa.
Her appointment was approved by the Mepa board with eight votes in favour and one against on February 4 after she was hand-picked by Mr Walker. No call for applications was issued.
In its report, the authority’s Audit Office said it received a complaint from veteran environmentalist Edward Mallia over the method used to appoint Dr Bianchi.
On February 8, Mr Falzon asked the authority for more information on the appointment, which he received 10 days later.
However, Mr Falzon noted that Mepa only asked the Employment and Training Corporation for clearance on February 15 after the appointment was made.
Mr Falzon said it was “very unusual” that the selection process had been completed and the person appointed before authorisation from the Employment and Training Corporation was obtained.
However, he added, the ETC did not delve into whether Mepa’s assertion that the post was a position of trust was justified but it simply stated that the onus of responsibility for such a decision lay with the authority.
Minutes of the board meetings where Dr Bianchi’s appointment was discussed reveal that no discussion was held on her qualifications or suitability for the job.
One board member asked why no call for applications had been made and Mr Walker is quoted saying that the position of director was one of trust and outside the remit of the collective agreement.
“The process of employment through a call is lengthy and the authority stands to lose if the post is left vacant for a long time,” Mr Walker told the board.
This line of defence was repeated in Mr Walker’s reaction annexed to the auditor’s report. The chairman noted that three years elapsed before Dr Bianchi’s predecessor had been appointed after numerous calls for application did not yield satisfactory results.
“Recruitment through headhunting as a general rule can lead to identifying and engaging a suitable candidate within shorter time-frames,” Mr Walker said.
However, the auditor criticised this reasoning, insisting Mepa was not a private company.
“The way the post has been filled is a very dangerous precedent which can have undesirable effects including using it as means to exclude persons on political beliefs, sexual orientation, gender... and does not necessarily result in the best person being appointed because head hunting is limited to the people known to the person making the appointment.”
Mr Falzon said it was not the function of his office to judge Dr Bianchi’s qualifications but insisted it was neither the prerogative of the chairman.
The outgoing environment director was also quoted in the minutes saying that, with a public call, EPD employees who would have applied for the post were likely to be disappointed.
In a similar argument to justify his decision, Mr Walker told the audit office that from experience “public calls also frequently give rise to claims of discrimination”.
Mr Falzon rebutted this argument, insisting this was only true if a call for applications was worded to unreasonably favour particular candidates.
His criticism did not end there and in a “personal remark”, which he described as irrelevant to the contents of the report, Mr Falzon said he failed to understand why the environment protection director should have experience working with non-governmental organisations.
“Indeed, I would find this a handicap as accusations can easily be levelled that the particular person is favouring a particular NGO against another,” Mr Falzon said.
The auditor also highlighted relevant sections of the Public Administration Act which were not yet in force that showed how the legislator did not intend to make distinctions between positions of special trust and other posts.
While the auditor insisted this obliged Mepa to appoint people to positions of trust after a competitive process, Mr Walker insisted the law was not yet in force and Mepa had no obligation whatsoever.
The report was vetted by a legal adviser from the Ombudsman’s office.
Dr Bianchi was appointed for four years with a one-year probationary period.
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Mr David Farrugia
Apr 20th 2011, 22:10
More of the same, for the same, from the same. Malta needs a change in administration. The sooner the better.
Mr James Tyrrell
Apr 20th 2011, 19:08
Can the Malta Environment and Planning Authority please state exactly what qualifications Dr Bianchi has which made it so important that she was put in this position rather than putting the issue to a public call? As I understand it she has no qualifications relevant to the position whatsoever. What this does is give the impression that Gonzi knows he is on the way out come the next election and is doing everything in his power to install supporters into positions which will be of benefit to him whilst in opposition. Surely that can't be the case!
Mr Lawrence Cardona
Apr 20th 2011, 17:11
Who will be the scape goat now shame this country is gething worse day by day
Paul Farrugia
Apr 20th 2011, 16:06
Out of sheer curiosity, how was Mr Falzon appointed as auditor at MEPA?
Mr Paul Micallef
Apr 20th 2011, 14:28
Mr. Walker's stand on this issue is arrogance at its best. He has also put Dr. Bianchi in a very uncomfortable position. Her authority has been undermined leaving her with no option but to resign.
Mr joe vella
Apr 20th 2011, 14:17
ANOTHER ONE BITES THE DUST !
'ONE' = another of dr gonzi's promises
Ms Lina CARUANA
Apr 20th 2011, 12:45
Maybe it is not a question for the need to justify an administrative act, considering that the law allows much trust and discretion to the administrators. In which case if the law does not work equally well in all cases, it is the law which has to be reviewed including auditing. Crying wolf about corruption does not solve any problem. Gaining political advantage is even worse because it is like a backdrop for covering defects. Legislators should put their heads together to define better ways for the execution of administrative justice.
Unless we learn to address the real problem we will remain in a stalemate calling out corruption where there is none without a proof.
Mr Kevin J Vella
Apr 20th 2011, 12:43
@ Mr Mario Farrugia
I do not know Mr Walker and neither Dr Bianchi. HOWEVER, when in a position of having to select a person on the basis of his or her ability to adequately accomplish a PUBLIC service, that person, no matter how honest and entrepreneurial he may be must (a) abide by the laws of the country, and (b) ensure that the incumbent is qualified. From what my understanding is (a) the laws of the country are clear - there is a strict procedure that needs to be followed and this procedure was not; (b) Dr Bianchi's a PhD in English Literature and not 'di stoffa' of managing or directing or strategizing. She has NO qualifications in that respect. In contrast, other fellow Maltese are significantly more qualified than she is in providing the managerial talent required by the job. This is not a question of busy bodies grumblers and chatter boxes; rather it is an issue that runs deep: the error in procedure as well as the mis-allocation of public funds to below par managerial resources. And such an argument is free of allegations of nepotism or corruption to which no one here (as you correctly imply) are privy
Mr Mario Farrugia
Apr 20th 2011, 12:31
Without going into the merits of the new EPD Director appointment at Mepa, I wish to point out that whoever is criticizing Mr Austin Walker clearly does not know the gentleman and how righteaous he is. I have no qualms in saying that he is the best suited holder of that office since Mepa's formation. Mr Walker is a no non-sense individual who gets things done which makes him a treasured rarity in this country of busy bodies, grumblers and chatter-boxes.
Joseph Vassallo
Apr 20th 2011, 23:23
Mr Farrugia, it seems your good self does not mind pontificating when it comes to expressing YOUR opinion.
I have to read your "I wish to point out" as "In my opinion" and your "how righteaous (sic) he is" as "how righteous I perceive him to be". He may well be the "best-suited" (depends where he buys his attire) holder of that office and even a "no non-sense (sic) individual", but that does not make others who potentially disagree with your perception "busy bodies (sic) grumblers and chatter-boxes (sic)". A CPAA qualification is about as relevant, consonant and harmonic with environmental planning as it would be in an operating theatre.
He is obviously good at getting things done because he doesn't mind sticking his neck out to purposefully navigate around legislation intended to guard precisely against adventures of this nature; and that is why he is not, in this instance, being seen as a good administrator by so many.
Hence my question on whether he was appointed after the position was advertised or whether he was installed by some authoritarian equally capable of getting things done.
Mr Victor Laiviera
Apr 20th 2011, 11:51
Mr Walker "justified the head-hunting exercise, adding it was a faster process than a public call for applications"
True - but it is also lacking in all the safeguards which are supposed to protect the ordinary citizen from abuse of power..
Mr joseph saliba
Apr 20th 2011, 11:32
We have come a long way from the old days of institutionalised corruption. Transparency is not lacking. Now that we have the tools to uncover irregularities (the auditor did not mention corruption) we should take all the necessary actions to mend them.
Joseph Vassallo
Apr 20th 2011, 11:08
The auditor quoted regulations that were installed to forestall nepotism and corruption by those in government. They came after many accusations of nepotism and corruption which created a shift in voters' choice of government. It would be good for this chairman to realise that his name is Austin Walker and not Johnnie Walker and behave accordingly.
Irregularities of potential embarrassment to the government will only be tolerated by half the population. Usually, this style of appointment is made by reason of amenability, manipulation or reward for services rendered.
I note that Mr Walker did not say what he perceives to be the outstanding qualifications held by his appointee; so outstanding, in fact, that she was head-hunted. Din l-Art Helwa can hardly be called a nationwide organisation and being one of its directors does not necessarily mean much to most of the population.
Time and again, the MEPA auditor has raised issues of irregularities. Isn't it time his calls for transparency were given more attention by the prime minister? If nothing is done, this will turn out to be yet another nail in the administration's casket.
Mr Victor Laiviera
Apr 20th 2011, 11:05
Is it a coincidence that, shortly before this appintment and while Dr Bianchi was still Director, Din l-Art Helwa was one of the few NGOs (perhaps the only one) to came out in favour of the Piano Pastiche for City (no)Gate?
Mr Michael Buhagiar
Apr 20th 2011, 11:36
what's a pastiche for you is art for others.
Mr Patrick Zammit
Apr 20th 2011, 10:30
“The process of employment through a call is lengthy and the authority stands to lose if the post is left vacant for a long time,” Mr Walker told the board.
This declaration is the most insulting and hurtful to anyone who has at heart, the improvement of our country. Why are the handsomely paid high officials at Mepa unable to plan ahead and issue calls in time?
Mr Michael Buhagiar
Apr 20th 2011, 11:38
mr zammit because the previous manager just walked out of his job after all hell broke loose against him in the gozo debacle. what is MEPA to do? Sit on it and wait for the beuraucracy calls for applications to be issued? Instead of being pro active you want MEPA to remain idle and being lambasted by your ilk for not doing anything for the Environment.
Mr Patrick Zammit
Apr 20th 2011, 12:50
MB
If that was the case, why didn’t Mepa appoint a temp to the post until the correct procedure (issuing a call) took its time instead of directly appointing a person for a 4 year period?
Mr john vella
Apr 20th 2011, 15:34
Michael you said it. Yes Sir, we the people deserve more from MEPA. Is it true that 'HIGH RADIOACTIVITY LEVELS was found in coal ash in Benghaisa? Under tests it contained K40, PB212 and PB214. This is why we the people have MEPA and it must not be idle. Why the report has not been published, let us be aware of danger if danger there is? Otherwise irregular appointments are wrong and should not be defended.
Mr Joseph Sammut
Apr 20th 2011, 09:43
Is-Sur Walker ilu jaghmel frejjeg u jirraguna minn widnejh !
Mr Lawrence Fenech
Apr 20th 2011, 09:22
Jien niftakar lil-Toni ljghid li ma jridix xi "cuc" malti ma nafx kif ma hatarx xi barrani iehor f'din il-kariga. Imma issa sirna nippreferu il-qattusa maggelija u nitmelhu jekk il frieh ikunx ghama. Viva ir-registru il gdid jew il-qadim.
J. Borg
Apr 20th 2011, 09:18
Indeed a number of key positions require relevant and experienced people. However, it does not mean that a public call should not be issued. With a public call published, interested individuals could apply and be part of the competing group for the post. This would also give the chance of the Authority of short listing the really good candidates. After all, is Mr Walker fully aware of what perhaps other potential is available? If Mr Walker wanted to head hunt Dr Bianchi for any valid reason, he could have at least made her aware that there is a call for application and that she should consider applying. However, not to even publishing a call for application and to simply offer the post to a single person is indeed irregular as concluded by the Audit Office. Incidentally, there are a few other cases which have gone by unnoticed, whereby officials of other public entities have been appointed without an open call in the last 3 years. This of course contrasts with an electoral promise that even posts for Chairman will be advertized.
Joseph Vassallo
Apr 20th 2011, 11:18
Did Mr Walker himself apply for his position or was he head-hunted by his minister? I am pretty sure that there were other sources of recruitment from within who were capable of leading this government agency.
But I do believe this was the same minister who shoots first and asks questions later because he gets things done; after all, everyone can plead good faith when in fact they are being disingenuous.
Joseph Vassallo
Apr 20th 2011, 11:41
Was Mr Walker's position advertised before he was appointed or was he himself head-hunted by the MRA?
Rules are there to be bent or broken... or so it seems.
Mr john vella
Apr 20th 2011, 09:09
Sir,
Just an observation! Yesterday I received: 'Bix-Xoghol ninvestu f'socjeta b'sahhitha' and on the inside cover it reads: Pajjiz li qed johloq ix-xoghol. Very, very interesting. My question is: 'Why out of the claimed 29,774 new jobs I have not seen ONE vacancy posted including the one above? In full it read: 'A country creating Jobs - 29,774 request by employers who ask for new employees? WOW! Are we for real, really, who are we trying to convince surely not the blue eye boys!
Please wake me up come next election!
Mr Michael Buhagiar
Apr 20th 2011, 11:43
you will surely wake up come next election. I only hope it wont be like what happened during the last elections when party supporters went running wild with joy around Malta, only to discover that they were taken for a ride by their own irresponsible and immature leadership.
Mr john vella
Apr 20th 2011, 15:15
Thanks Michael Buhagiar! Memories oh! memories how true, we all hoped for a change but for a handful of votes more, GonziPN came to power. I guess we should celebrate 3 years of GonziPN, his latest 600 euro increase and the rest .77 cents a week, do not forget one of your minister qualifying us as 'gahan mati'. After three years of: 'Work investing in a healthier society' (front cover of the detailed version, National document issued by the Office of the Prime Minister and delivered to every household. I hope we see your like celebrating, especially if you got an irregular appointment (sound familiar). Myself I still hope to wake up come next election as the opposition is no where to be found!