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Monitoring of Local Self-Government Bodies

International Society for Fair Elections and Democracy

This report is made possible by the generous support of the American people through the United States

Agency for International Development (USAID). The contents are the responsibility of the International

Society for Fair Elections and Democracy and do not necessarily reflect the views of USAID, American

people or the United States Government.

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Methodology

The International Society for Fair Elections and Democracy (ISFED) is implementing monitoring of

bodies of local self-government in all self-governing communities and cities of Georgia by means of

73 district coordinators/monitors. Different layers of the monitoring include:

- Staff changes in local self-government bodies;

- Public access to meetings of Sakrebulo and transparency of matters discussed during these

meetings and the decision-making process;

- Certification of public servants;

- Access to and quality of public information.

ISFED mostly relies on the following tools for monitoring the self-government authorities:

obtaining information by means of monitoring on the ground, requesting access to public

information, communicating with local authorities and citizens.

Staff Changes in Local Self-Government Bodies

1. Termination of public servants

ISFED requested access to public information about staff changes in self-government agencies

throughout Georgia for the period from July 1 through October 1, 2014. The information received

from self-government authorities suggests that total of 884 public servants were terminated during

the noted period of time.1 Most of the terminations occurred in Tbilisi (226), followed by Imereti

(173), Kvemo Kartli (144), Adjara (90) and Kakheti (63) regions. In the regions of Samegrelo Zemo

Svaneti, Samtskhe Javakheti, Guria and Mtskheta, number of terminated employees ranged from 30

to 50. Fewer public service employees were terminated in Shida Kartli region, while the lowest

number of terminated employees (7) was found in Racha Lechkhumi and Kvemo Svaneti regions.

Statistics of terminated public service employees throughout Georgia

Throughout the country, most public servants were terminated in Gamgeobas (437), while the

number of employees dismissed from City Halls was 287 and 159 from Sakrebulos.

Statistics of terminated public service employees across self-governing bodies

Most public servants were dismissed from Tbilisi City Hall – total of 121, and Tbilisi Gamgeobas –

total of 97. Notably, among Tbilisi Gamgeobas most employees (33) were dismissed from

Mtatsminda Gamgeoba. High rate of dismissal was also found in Rustavi City Hall (total of 97

1 The number of terminated public service employees does not include Trustees and their specialists, as well as

individuals who were appointed to lower or higher offices upon their termination.

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employees), followed by Batumi City Hall (37), Kutaisi City Hall (30) and Sakrebulo (28) and

Samtredia Gamgeoba (28). 20 public servants were terminated in Gamgeobas of Tianeti, Marneuli

and Dedoplistskaro. Number of terminated employees ranged from 10 to 20 in self-governing bodies

of municipalities of Kholo, Terjola, Akhalkalaki, Lanchkhuti, Vani, Kobuleti, Gardabani, Kareli,

Keda, Bolnisi, Chiatura, Martvili, Chokhatauri, Tskaltubo, Gurjaani and Sighnaghi. Fewer

employees were terminated in rest of the municipalities where the number of dismissed public

servants ranged from 1 to 10.

Statistics of terminated public service employees across self-governing bodies and regions

In terms of official positions held by terminated employees, majority were holding mid-level (474)

or high-level (305) offices, fewer were holding low-level offices (104). Most of the high-level

public service employees were terminated in Tbilisi (91) and regions of Imereti (56), Smegrelo

Zemo Svaneti (35) and Adjara (31), while most of the mid-level public service employees were

dismissed in regions of Kvemo Kartli (110), Imereti (104), Adjara (55) and in Tbilisi (82). Highest

number of low-level public service employees was terminated in Tbilisi self-governing agencies

(53).

Statistics of terminated public service employees in terms of the level of offices held

Statistics of terminated public service employees in terms of the level of offices held and across

regions

Notably, majority of the public service employees were dismissed based on their own letters of

resignation for personal reasons (434). Majority of dismissals based on resignation letters were

found in Tbilisi (195) and the regions of Imereti (85), Kvemo Kartli (48) and Kakheti (36). Notably,

employees in some self-government agencies were dismissed based solely on their resignation

letters; like for instance, all terminated public servants in Tbilisi (33), Isani (11) and Samgori (11)

Gamgeobas have been dismissed on the basis of their resignation letters.

All of the terminated employees in Samtredia Municipality (28) and Dedoplistskaro Municipality

(20), Kakhketi Region, were dismissed on the sole basis of their resignation letters. Dismissals for

disciplinary reason mostly occurred in Tbilisi and the regions of Samegrelo Zemo-Svaneti and

Kakheti, total of 10 employees. Information provided by self-governing authorities reveals that 118

employees were dismissed after expiration of their term of office, while in 311 cases employees

were terminated on grounds of staff reorganization, job cuts and liquidations.

Statistics of grounds for terminating public service employees

Statistics of grounds for terminating public service employees across regions

Based on the information provided by local self-government authorities and ISFED coordinators,

terminated public service employees had been initially hired in a non-competitive hiring process and

later only a few of them took tests. Further, notably majority of dismissed public service employees

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are independent individuals without a party affiliation or represent/are affiliated with the United

National Movement (UNM).

Out of 884 public servants terminated, ISFED was able to interview only 351 mostly due to the fact

that information provided by some municipalities and self-governing cities did not contain names

and identity of terminated public servants qualified as personal data. Such incomplete information

was provided by Tbilisi City Hall and Gamgeobas of Mtatsminda, Nadzaladevi, Gldani, Lanchkhuti

and Gurjaani.

We believe that the foregoing agencies illegally refused to provide access to the public information

we had requested. As these terminations occurred in self-government authorities, there is a public

interest involved and therefore, the information about terminated individuals should be publicly

accessible, which will allow evaluation of lawfulness and fairness of the terminations. In this light,

ISFED appealed the decision in Tbilisi City Hall.

Notably, out of the terminated public service employees interviewed, 28 individuals believe that

their dismissal was unlawful and politically motivated. Prior to their dismissal these individuals

were employed in Sakrebulos of Baghdati, Kareli and Tianeti, Gamgeobas of Baghdati, Samtredia,

Tskaltubo, Martvili, Chkhorotsku, Kaspi, Kareli, Tianeti, Lagodekhi and Keda, and Tbilisi City

Hall. 229 individuals believe that their termination was legal and no pressure had been exerted,

while 101 individuals refrained from specifying grounds of their dismissal. Further, majority of

terminated public service employees (327) stated that they had been notified of their dismissal

within the legal timeframe while 24 individuals alleged the opposite – in particular, public service

employees terminated in Chokhatarui, Keda, Gurjaani, Martvili, Sighnaghi Gamgeobas, and

Sighnaghi and Kaspi Sakrebulos have stated that they were notified of their dismissal in violation of

the legal timeframe.

Public Service Demotions

In addition to terminations, 88 public service employees were demoted and their salaries were

reduced accordingly during the period of July, August and September. Majority of demotions were

detected in Kakheti and Imereti (24) regions. Further, majority of public service employees were

demoted in Gamgeobas (79), while we found only 9 demotions in Sakrebulos. Reasons cited as

grounds for demotions include reorganization or new appointments to managing positions.

Statistics of public service employees demoted throughout Georgia

Statistics of public service employees demoted across self-governing agencies

Statistics of public service employees demoted across self-governing agencies and regions

Public Service Promotions

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During the reporting period in addition to demotions we also found promotions in local self-

government agencies. In particular, total of 177 public service employees were promoted throughout

Georgia at the local level, while majority of promotions occurred in self-governing authorities of

Imereti (43), Adjara (24) and Kvemo Kartli (21) regions, followed by Samtskhe-Javakheti (20),

Samegrelo Zemo Svaneti (18) and Kakheti (18) regions. 10 public service employees were

promoted in Tbilisi and up to 10 in Racha Lechkhumi Kvemo Svneti, Shida Kartli, Guria and

Mtskheta Mtianeti regions.

Statistics of public service promotions throughout Georgia

As it was the case with demotions, highest number of demotions (157) was found in Gamgeobas,

while 19 employees were promoted in Sakrebulos and only one in a city hall.

Statistics of public service promotions across self-governing agencies

Majority of the promotions occurred in Imereti (42) and Adjara (21) regions, followed by

Gamgeobas of Samtskhe Javakheti (19), Kaemo Kartli (19), Kakheti (17) and Samegrelo Zemo

Svaneti (16) regions with almost equal amounts of promotions. Fewer promotions were found in

Gamgeobas of Racha Lechkhumi Kvemo Svaneti (8), Shida Kartli (7), Guria (5) and Mtskheta

Mtianeti (2) regions. A single promotion was found in Tbilisi Gamgeoba. Among Sakrebulos,

majority of promotions were found in Tbilisi Sakrebulo (9).

Statistics of public service promotions across self-governing agencies and regions

New Hires in Public Service

We found total of 3019 new hires in public service agencies in July-September. The highest number

of new hires was found in Samegrelo Zemo Svaneti (439), Kakheti (413) and Imereti (381) regions.

Notably, majority of the new hires were temporary, appointed to interim positions. New employees

were predominantly appointed under Gamgebeli order to managerial positions. Further, many of

them were appointed based on their own letters for appointment, consented by heads of departments

or Gamgebelis. In a number of instances, new employees were hired as contractors or part-time

employees. Notably, majority of promoted employees were candidates of the Georgian Dream or

independent candidates without party affiliation.

Statistics of new hires in local self-government agencies throughout Georgia

Majority of the new hires was found in Gamgeobas (1933). Total of 780 new employees were hired

by City Halls and 306 by Sakrebulos throughout Georgia. Among regions, highest number of new

hires was found in Imereti Gamgeoba (315), while number of new hires in Gamgeobas of Samegrelo

Zemo Svaneti, Kakheti and Samtskhe Javakheti Regions ranged from 200 to 300. Fewer employees

were hired by Gamgeobas of Kvemo Kartli, Shida Kartli, Mtskheta Mtianeti, Racha Lechkhumi

Kvemo Svaneti and Adjara regions where number of new hires ranged from 100 to 200. Fewest

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employees were hired by Gamgeobas of Guria Region (37). As to City Halls, highest number of new

hires was found in Tbilisi (165), Kakheti (163) and Samegrelo Zemo Svaneti (105).

Statistics of new hires across self-governing agencies

Statistics of new hires across self-governing agencies and regions

Access to Public Information and Meetings

ISFED’s observers attended total of 110 meetings held by Sakrebulos of self-governing territories in

August-September 2014. ISFED found that information about scheduled meetings was made public

as prescribed by law. Out of 110 scheduled meetings, information about 104 was publicly

announced. Information about 6 meeting scheduled to be held in Mtskheta, Akhaltsikhe and self-

governing communities of Mtskheta, Tianeti and Akhaltsikhe had not been publicly announced.

Information about scheduled meetings was published on public boards in 47 cases; Sakrebulo

website was used as means to disseminate the information in 27 cases, while in 28 cases the

information was published both on public boards and on the website. In 2 cases, in addition to public

boards and Sakrebulo website, the information was also published by media.

In addition to Sakrebulo members, 39 meetings were also attended by media representatives, 37 – by

NGO representatives and 20 by citizens.

In 100 meetings, Sakrebulo members were fully informed about issues to be discussed during the

meeting, while in 8 cases - the meetings held in Lentekhi, Samtredia, Chokhatauri (2 meetings),

Kaspi (2 meetings), Borjomi and Gurjaani Sakrebulos - only part of Sakrebulo members were

adequately informed, while in two cases – two meetings held in Senaki Municipaity Sakrebulo -

information about issues to be discussed was not provided at all to Sakrebulo members. Sakrebulo

meetings mostly focused on the following issues: adoption of regulations of various departments or

modification of regulations; adoption of social welfare programs; adoption of certification

commission composition; adoption of official salary rates; internal infrastructural issues.

ISFED’s observers have found that out of 110 meetings the decision-making process was properly

administered in 100 cases, while in remaining 10 cases the process was administered more or less

properly but certain flaws were found. In particular, it was found that during two meetings held in

Ambrolauri Sakrebulo agenda issues were not discussed in depth, while during a meeting held in

Samtredia Sakrebulo, members of Sakrebulo had been inadequately informed about agenda issues,

resulting in ineffective meeting. Further, to mark their protest UNM representatives refused to attend

two meetings held in Baghdati Sakrebulo. Meeting held in Tbilisi Sakrebuo was also ineffective,

while Sakrebulo members had not been adequately informed about issues to be discussed during

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three meetings in Poti Sakrebulo and discussion of several problematic issues was followed by

commotion in Borjomi Sakrebulo.

In majority of the cases (148), public information requested by ISFED’s coordinators was provided

by relevant agencies within less than 10 days. In 48 cases public information was provided in

compliance with law – within the period of 10 days, while in 33 cases public information was

provided in violation of law, i.e. after expiration of the ten-day deadline by self-governing

communities of Ambrolauri, Vani, Martvili, Chokhatauri, Shuakhevi, Sagarejo, Sighnaghi,

Dedoplistskaro, Gori, Akhaltsikhe, and Gamgeobas of Krtsanisi, Gldani, Nadzaladevi and

Mtatsminda.

In 92 cases the information was provided in full, while in 18 cases it was incomplete. Incomplete

information was provided by the following municipalities: Chiatura, Mtatsminda, Samgori,

Chughureti, Gldani, Mtskheta, Rustavi, Shuakhevi, Lanchkhuti, Sagarejo, Gurjaani, Sighnaghi,

Dedoplistskaro, Lagodekhi, Gori, Borjomi, Akhaltsikhe.

Recommendations

- Eliminate the practice of termination of public service employees in local self-government

agencies by their supervisors on political grounds

- Investigate and prosecute all acts of coercion envisaged by the Criminal Code Operatively

respond and prosecute

- Provide public information requested in full and in a timely manner. Further, introduce

uniform practice of provision of public information in all self-governing agencies and allow

access to personal information in view of the existing relevant public interest.