RELOCATION POLICY - govt.lc

Official Relocation Policy Document

GOVERNMENT OF SAINT LUCIA

MINISTRY OF THE PUBLIC SERVICE, INFORMATION AND BROADCASTING

RELOCATION POLICY

Approved by Cabinet Conclusion No. 609 of 17th November, 2014


TABLE OF CONTENTS 1.0 GLOSSARY OF TERMS ................................................................................................................. 1

2.0 PURPOSE/SCOPE OF APPLICATION ......................................................................................... 2

3.0 RELOCATION REQUIREMENT.................................................................................................... 2

4.0 TYPES OF RELOCATION ............................................................................................................. 2 Temporary Relocation. .................................................................................................................. 2 Short Term Relocation................................................................................................................... 2 Long Term Relocation . ................................................................................................................. 2

5.0 ELIGIBILITY ................................................................................................................................. 2

6.0 NON ELIGIBILITY ........................................................................................................................ 3

7.0 RESPONSIBILITIES ..................................................................................................................... 3 7.1 Permanent Secretary in the Ministry responsible for the Public Service .............................. 3

7.2 Permanent Secretaries of Line Ministries and Heads of Department .................................. 4

7.3 Relocated Public Officers ..................................................................................................... 4

8.0 Payment of Relocation Allowance ............................................................................................ 6 8.1 Entitlement .......................................................................................................................... 6 8.1.1 Option 1: .................................................................................................................... 6

8.1.2 Option 2: .................................................................................................................... 6

9.0 GENERAL...................................................................................................................................... 7 9.1 Notice to Relocated Officers ................................................................................................. 7

9.2 Subletting ............................................................................................................................ 7

9.3 Occupancy and Contents of Leased Premises ....................................................................... 7

9.4 Termination of Leased Premises .......................................................................................... 8

APPENDICES Appendix I: Distance between Towns and Villages Appendix II: Tenancy Agreement

1 | P a g e Official Relocation Policy Document

1.0 GLOSSARY OF TERMS

Relocation a) Movement of an eligible Public Officer and other employees of the Public Service, from one duty station to another for a short term or long term period where the officer is required to maintain a separate place of abode within the vicinity of the new duty station. The location of the new duty station and the nature of the tasks to be performed, being such that, travel to and from the officer’s original duty station, on a daily basis does not allow for effective and efficient performance of the officer’s or Department’s work programme.

b) Movement of an eligible Public Officer and other employees

of the Public Service, from one duty station to another for a short or long term period where, the officer prefers not to take up residence at the new duty station, but expressed a preference for travelling daily to and from his new duty station, as oppose to taking up residence in the vicinity of the new duty station. In this instance, the Head of the Department/Division to which the officer is assigned, must be satisfied that the officer’s daily commute to the new duty station does not in any way compromise the quality of his/her performance or the effectiveness and efficiency of Department/Division’s work programme.

Allowance A monthly amount paid to eligible Officers for a short or long term

period to:-

i. assist in defraying the cost of utilities (where officer is provided with rent-free accommodation); or

ii. to defray the cost associated with the officer’s daily commute

(i.e. where approval has been granted for the officer to commute daily to the new duty station – in this instance, an allowance is paid to defray the cost of transportation).

An allowance is not intended to make an officer better off, but rather to compensate the officer for the cost incurred in taking up the new assignment.

Relocation Period Total period of relocation of a Public Officer. Subletting To lease or rent part of or the entire leased premises. Type of Relocation Temporary, short-term or long term. Tenant Agreement An agreement which serves as a contract between the Government

of Saint Lucia and the actual occupant of the leased premises.


2.0 PURPOSE/SCOPE OF APPLICATION

To establish a policy for the payment of defined allowances to an eligible public officer who is relocated to a new duty station that is located at a distance of 30 km or more, from his/her original duty station at the request of his/her Ministry/Department.

3.0 RELOCATION REQUIREMENT

A decision by a Permanent Secretary or Head of Department to reassign a Public Officer(s) to another geographic location that is at a distance of 30 km or more, away from his/her original duty station, and that this decision emanates from the need for rotation; skills or expertise in a particular area of importance, for the effective/efficient operations of that Agency.

4.0 TYPES OF RELOCATION

4.1 For the purposes of this Policy three (3) types of relocation are considered, viz:-

a) Temporary Relocation: Applies when a Public Officer is reassigned to a new duty station for a period of up to three (3) months.

b) Short Term Relocation: Applies when a Public Officer is reassigned to a

new duty station for a period greater than three (3) months but no more than six (6) months.

c) Long Term Relocation: Applies when a Public Officer is reassigned to a new

duty station for a period greater than six (6) months but no more than thirty-six (36) months.

In all instances, relocation of the Public Officer is where he/she is required to operate in a duty station that is located at a distance of 30 km or more.

5.0 ELIGIBILITY

The following conditions establish the criteria for eligibility:- 5.1 Where a Government Agency has an established policy requiring the regular

rotation of its officers, as a precautionary measure to minimise opportunities which will compromise the integrity of the agency, e.g. corruption, fraud, etc.;

5.2 Where a Ministry/Department is required to operate within a rotating shift system and where institutional quarters are NOT provided;

5.3 Where there is the need for replacement of the original holder of the post, who has

been reassigned to another post, or is away from office as a result of approved study leave or any other approved leave, or is temporarily out of state on official business;


5.4 Where the redeployment of officers with special skills and competencies is necessary.

5.5 From time to time, relocation may be considered on a case-by-case basis by

the Permanent Secretary responsible for the Public Service.

6.0 NON ELIGIBILITY

Relocation Policy shall NOT be applicable to:- 6.1 Public Officers who are relocated to an office less than 30 kilometres away from his

or her original duty station; 6.2 Public officers who are relocated within the vicinity of their place of residence; 6.3 Fire Officers, Police Officers and any other public officer for whom institutional

sleeping quarters have been provided; 6.4 Public officers who applied for a promotion or transfer to a post which is located at

a distance of more than 30 kilometres or more, away from his or her original duty station, Department or Ministry and he or she was appointed to the office that he or she had applied for;

6.5 Public Officers who are in receipt of Housing Allowance; 6.6 Public Officers whose skills are readily accessible island wide, throughout the Public

Service, e.g. clerical posts; 6.7 Public Officers who made a request in writing to his or her supervisor, Head of

Department or Permanent Secretary to be assigned to a duty station which is located at a distance of 30 kilometers or more away from his or her original duty station and that request was granted;

6.8 Public officers whose entire Division, Department or Agency is permanently

relocated.

7.0 RESPONSIBILITIES 7.1 The Permanent Secretary in the Ministry responsible for the Public Service

i. Administers the policy;

ii. Identifies and negotiates the terms and conditions of the leased premises;

iii. Approves the rate at which accommodation should be leased;

iv. Approves the type of furnishing and equipment to be provided at the leased

premises;


v. Undertakes spot checks of the rented property to ensure compliance with the Tenant and Lease Agreements respectively;

vi. Undertakes the necessary inventory exercises to ensure compliance with the

Tenant and Lease Agreements respectively.

All requests for relocation must be approved by the Permanent Secretary in the Ministry responsible for the Public Service prior to actual relocation or commitment to the employee.

7.2 Permanent Secretaries of Line Ministries and Heads of Department shall:- i. provide the Ministry with responsibility for the Public Service with the

number of officers intended for relocation for inclusion in the Ministry’s budget submission. This submission is required by the end of the Second Quarter of the Current Financial Year, to facilitate provision for the following year ;

ii. ensure that requests for housing accommodation are submitted to the Ministry with responsibility for the Public Service at least six (6) weeks before the expected date of occupancy;

iii. ensure that officers to e relocated are provided with a copy of the Tenancy Agreement prior to relocation;

iv. allow for a minimum of six (6) weeks’ notice, in the event of a pre-mature

termination of the Lease Agreement. Extenuating circumstances shall be considered on a case-by-case basis;

v. arrange for the payment of relevant allowance(s) to relocated Officer(s);

vi. make provision for the transportation of the personal items of the Relocated

Officer to and from the Leased Premised, where necessary. 7.3 All Relocated Public Officers shall:-

i. prior to receiving keys for the Leased Premises, sign a Tenancy Agreement

in triplicate upon completion of the Opening Inventory in the presence of the representatives of the Ministry with responsibility for the Public Service. Failure to sign the Tenancy Agreement, shall result in non-delivery of keys for the leased premises to the tenant;

ii. be present at the Opening and Closing Inventories of the Leased Premises;

iii. be required to provide proof of permanent residence through the submission of most recent utility bills or any other documents which provides evidence of proof of residence;

iv. ensure that the Leased Premises are kept clean;


v. not cause damage to the Leased Premises;

vi. transfer utility bill accounts in his/her name and the cost of the said transfer

shall be borne by the Government of Saint Lucia, to be reimbursed by the Relocated Officer at the end of the Leased Period;

vii. not undertake any alterations to the leased premises without the written

permission of the Landlord;

viii. inform the client Ministry of any concerns regarding the leased premises;

ix. permit the Landlord access at reasonable times and upon giving reasonable notice (24 hours) to enter the leased premises to undertake necessary repairs.

x. permit the representatives of the Ministry with responsibility for the Public

Service, at reasonable times and upon giving reasonable notice (24 hours) to the Tenant, to enter and examine the condition of the Leased Premises;

xi. inform the client Ministry (8 weeks in advance) of any proposed or

premature vacating of the property so as not to jeopardise the terms and conditions of the Lease Agreement;

xii. subject to the terms of the lease agreement, ensure the payment of all utility

bills (electricity, water, telephone, cable, internet etc.) accruing to the Leased Premises during the leased period, failure of which would result in appropriate deductions from the Tenant’s salary;

xiii. replace all fixtures, fittings, furniture, equipment or any other household

items (as per the Inventory List) damaged through his/her negligence. All replacement or repairs shall be undertaken within a period of ninety (90) days upon the receipt date of report;

xiv. pay reconnection fees for utility services in the event of any disconnection

which occurred due to non-payment on the part of the Relocated Public Officer;

xv. comply with the terms and conditions stated in the Tenancy Agreement;

xvi. Where the terms of the Tenancy Agreement conflicts with the obligations of

the relocated officer as stated in Clause 7.3 the conflicting terms of the Tenancy Agreement shall supersede the term stated therein.


8.0 Payment of Relocation Allowance

8.1 Public Officers who are relocated under Short Term or Long Term conditions are entitled to the following:-

8.1.1 Option 1:

The Government shall provide fully furnished rent-free accommodation and the relocated officer shall be given a monthly allowance of $700, for the duration of the relocation period.

OR

8.1.2 Option 2:

The Government shall provide payment of an Allowance of $1,500 in lieu of accommodation, in which case the relocated officer will commute daily to and from his/her duty station provided that this arrangement does not jeopardise or compromise the quality of performance of the relocated Officer. This allowance will be paid monthly for the duration of the relocation period. In the case where this option results in tardiness on the part of the officer or it impacts negatively on his/her performance or the wider agency, this decision would be reviewed and the decision communicated to the officer in writing.

8.1.3 DUE TO THE UNIQUE SCHEDULE OF WORK OF THE CUSTOMS AND

METEOROLOGICAL OFFICERS OPTION 2 SHALL NOT BE APPLICABLE (those who work on the shift system).

8.2 Notwithstanding Clause 6.1.3 IN ALL INSTANCES, THE PERMANENT

SECRETARY/HEAD OF DEPARTMENT OF THE LINE AGENCY OF THE OFFICER SHALL MAKE THE FINAL DECISION AS TO WHETHER OR NOT THE OFFICER SHALL BE ENTITLED RELOCATION ALLOWANCE PURSUANT TO OPTION 2.

8.3 The allowance paid for relocation commencing within any part of a month shall be

pro-rated. 8.4 Provision of rent-free accommodation and relocation allowance shall be terminated

after 36 months or 3 years of relocation. 8.5 Public Officers who are Temporarily relocated are entitled to the following:-

8.5.1 Officers without a vehicle: A daily meal (lunch only) and travel allowance (i.e. bus fare) will be paid in accordance with the Travel and Subsistence Committee and the Transport Omnibus Regulations, respectively. These allowances will be paid, for a duration of three (3) months.

8.5.2 Officers with Travelling Status: In addition to a daily lunch allowance,

shall claim casual mileage, which results from daily travelling from the


original work station to the new duty station as per the Travel and Subsistence Committee’s approved mileage rate.

8.5.3 Officers without Travelling Status (who own a vehicle): In addition to a

daily lunch allowance shall claim casual mileage, which results from daily travelling from the original work station to the new duty station at the non-travel officer’s rate, as per the Travel and Subsistence Committee’s rate.

9.0 GENERAL

9.1 Notice Period to Relocated Officers

9.1.1 Managers and Heads of Departments shall ensure that all relocated officers are provided with adequate notice and all other pertinent detailed information for relocation.

9.1.2 Relocated Officers will be notified as follows:-

a) Officers relocated on Temporary basis (less than 3 months) shall be

given one (1) month’s notice;

b) Officers relocated on Short Term basis (3 - 6 months) shall be given two (2) months’ notice;

c) Officers relocated on Long Term basis (6 months – 3 years) shall be

given three (3) months’ notice.

d) In extraordinary cases where unexpected/immediate urgent relocation is required, where the relocated Officer may not be able to be notified beforehand, all necessary support will be provided to facilitate the Officer’s immediate move, ensuring that this immediate move does not result in any unnecessary risk or major inconveniences for the Relocated Officer.

9.2 Subletting 9.2.1 Officers shall not sublet in whole or in part the Leased Premises. Failure to

comply may render the Officer liable for disciplinary action.

9.3 Occupancy and Contents of Leased Premises

9.3.1 The Leased Premises is for the occupation of the Relocated Public Officer and his/her immediate family. Immediate family means spouse, children and cohabiting partner as defined in Section 28(b) of the National Insurance Regulations, Cap. 16.01, of the Revised Laws of Saint Lucia.


9.4 Termination of Leased Premises

9.4.1 For the purposes of the Relocation Policy, Lease Agreements will range from three (3) months to three (3) years. Line Departments/Agencies should adhere to the following procedures for termination of Leased Agreements:-

i. Normal Termination

The line Agencies will notify the Ministry responsible for the Public Service eight (8) weeks in advance of the expiration date of the lease agreement and indicate in writing the decision for renewal or non-renewal.

ii. Premature Termination

The line Agencies will notify the Ministry responsible for the Public Service six (6) weeks in advance of the proposed premature termination date in writing and providing justification for the premature termination.

iii. Urgent Termination

No advance notice will be required from the relocated Public Officer and this will happen ONLY in extenuating circumstances.

APPENDICES

Appendix I: Distance between Towns and Villages

MINISTRY OF INFRASTRUCTURE, PORT SERVICES AND TRANSPORT

INVENTORY AND DATA MANGMENT UNIT

DISTANCE BETWEEN TOWNS AND VILLAGES (KM)

Gros Islet Castries Dennery Micoud Vieux Fort Laborie Choiseul Soufriere Canaries Anse La Raye

Gros Islet 12.67 39.88 56.81 71.33 77.91 92.36 52.63 41.77 29.87

Castries 12.67 27.21 44.14 58.66 65.24 79.69 39.96 29.10 17.20

Dennery 39.88 27.21 16.93 31.45 38.03 52.48 66.68 44.03 32.13

Micoud 56.81 44.14 16.93 14.52 21.10 35.55 49.75 60.61 49.06

Vieux Fort 71.33 58.66 31.45 14.52 6.58 21.03 35.23 46.09 57.99

Laborie 77.91 65.24 38.03 21.10 6.58 14.45 28.65 39.51 51.41

Choiseul 92.36 79.69 52.48 35.55 21.03 14.45 14.20 25.06 39.96

Soufriere 52.63 39.96 66.68 49.75 35.23 28.65 14.20 10.86 11.90

Canaries 41.77 29.10 44.03 60.61 46.09 39.51 25.06 10.86 11.90

Anse La Raye 29.87 17.20 32.13 49.06 57.99 51.41 36.96 22.76 11.90

N.B. 1 KM = 0.621 miles

1 MILE = 1.61 km

Chainages from Gros Islet to Soufriere were calculated via the West Coast Road.

Chainages from Dennery to Anse La Raye and Canaries were calculated via Cul-de-Sac.

Chainages from Gros-Islet were calculated from the Cap Estate gate.


Appendix II: Tenancy Agreement

THIS TENANCY AGREEMENT made this day of Two Thousand and

BEFORE: Mr./Ms./Mrs.________________________________ Organisational Development Officer,

Ministry of the Public Service, Information and Broadcasting.

BETWEEN: Mr./Ms./Mrs. __________________________________ an officer of the

_____________________________________________ who currently resides at

______________________________________________ hereinafter referred to as (“The Tenant”) and THE

GOVERNMENT OF SAINT LUCIA acting herein and represented by the Permanent

Secretary of the Ministry of the Public Service, Information and Broadcasting, Greaham

Louisy Building, Administration Building, Waterfront, Castries aforesaid (hereinafter

referred to as “The Government”).

General Notes

1. This tenancy agreement is for letting furnished residential accommodation.

2. A prospective tenant should be given adequate opportunity to read and understand

the tenancy agreement before signing. If any prospective tenant is unsure of his/her

obligations under this agreement, then he/she is advised to seek independent legal

advice before signing this agreement.

WHEREAS:

a) THE GOVERNMENT requires Mr./Ms./Mrs. _________________________________________ to

relocate to the property located in _______________________________________________________.

b) THE GOVERNMENT has requested Mr./Ms./Mrs. ________________________________________

to relocate and Mr./Ms./Mrs. _______________________________________ has agreed to do so

upon the terms and conditions contained in this Agreement.


NOW in consideration of the mutual covenants contained herein IT IS AGREED as follows:

Definitions

“The Landlord”: The owner or the property or the person responsible for renting the

property.

“The Organisational Development Officer”: A public officer who is appointed to the

office of Organisational Development Officer by the Public Service Commission.

“The Property”: The __________________ situated at __________________________________ owned by

the Landlord.

“The Contents”: Any material, furniture, movable or immovable item owned by the

Landlord and located on the Property.

1. Nature of the Agreement

1.1 This tenancy agreement is a legal and binding agreement.

2. Duration of Agreement

2.1 It is intended that the tenancy shall be for the duration of

_______________________ commencing from ___________________________________ to

_____________________________.

3. Rent and Charges

3.1 The Tenant shall occupy the property rent free for the duration of the

agreement stipulated in Clause 2 above and The Government of Saint Lucia

will be responsible for paying the cost of the rent to the Landlord.

3.2 The Government shall pay the Landlord a monthly fee as consideration for

the rent of the Property.


3.3 The Tenant is responsible for the payment of all utilities consumed at the

rented premises.

4. Occupancy of the Property

4.1 The Property is for the occupation of the Relocated Public Officer and his/her

immediate family. Immediate family means spouse, children, cohabiting

partner as defined in Section 28(b) of the National Insurance Regulations.

Cap. 16.01 of the Revised Laws of Saint Lucia.

5. Use of the Property

5.1 The Tenant must not assign, or sublet any part of the Property. The Property

must be used as a private dwelling place and the tenant must not use The

Property or any part of it for any other purpose nor should the tenant allow

anyone else to do so.

6. Nuisance/Unlawful Activities/Damage to the Property

6.1 The Tenant shall not do or permit or suffer to be done in or on the Property

any act or thing which may be a nuisance, damage or annoyance to any

person residing, visiting or otherwise engaged in lawful activity or occupiers

of the neighboring premises.

6.2 The Tenant shall not keep any animals, reptiles or birds (or) other living

creatures that may cause damage to the Property, or annoyance to the

neighbors on the property without the Government’s written consent. Such

consent, if granted, will be revocable by Government, where there are

reasonable grounds to do so.

6.3 The Tenant shall not use the Property for any illegal purpose.

7. Repairs to the Property

7.1 The Tenant must not damage the Property or its Contents or make any

alterations or additions to the Property without written permission from the

Landlord.


7.2 The Tenant must keep the interior of the Property and the contents in good

and clean condition and repair as they were at the commencement of the

tenancy, with fair wear and tear excepted.

7.3 The Tenant shall be responsible for paying the Government the aggregate

costs for replacing or repairing any furniture or other contents, lost,

damaged or destroyed by the Tenant or at the option of the Landlord, replace

immediately any furniture or other contents, lost, damaged or destroyed by

the Tenant.

7.4 The Tenant shall not remove or permit to be removed any furniture or other

contents from the Property.

7.5 The Government, Landlord or any person authorised by the Landlord or

Government may at reasonable times of the day on giving 24 hours written

notice, to the tenant (unless in the case of an emergency) enter the Property

for the purpose of inspecting its condition and state of repair. The Tenant

shall permit the Property to be viewed on reasonable notice (of at least 24

hours) at all reasonable times during his/her tenancy.

7.6 The Tenant shall replace all broken glass in doors and windows damaged

during the tenancy where the damage has been caused by the Tenant, a

member of the Tenant’s family or guests of the Tenant.

7.7 The Tenant shall not alter or change or install any locks on any doors or

windows in or about the Property or have any additional keys made for any

locks without the prior written consent of the Landlord, such consent not to

be unreasonably withheld, and the cost of providing a set of keys for the

Landlord to be met by the Tenant.

7.8 The Tenant shall inform the Permanent Secretary responsible for the

Public Service through his/her Permanent Secretary/Head of Department

promptly in writing of any disrepair, damage or defect in the Property or of

any even which causes damage to the Property.

7.9 The Tenant shall not affix any notice, sign, poster or other thing to the

internal or external surfaces of the Property in such a way as to cause

damage.


7.10 The Tenant shall not cause any blockage to the drains, pipes, sinks or baths.

Where there is blockage to the drains, pipes, sinks or baths the Tenant shall

be responsible for removing that blockage.

8. Payment for Damage to Property

8.1 The Tenant shall pay to the Landlord any costs or damage suffered by the

Landlord as a consequence of any breach of any of the terms and conditions

on the part of the Tenant in this Agreement.

8.2 Where there is more than one tenant, all obligations, including those for rent

and repairs can be enforced against all of the tenants jointly and against each

individually.

9. Termination of Tenancy Agreement

9.1 The Government may but not (unreasonably or vexatiously) terminate the

tenancy agreement by registered post or recorded delivery where the

Government is of the view that the Tenant is in default of any of the clauses

stated in this agreement. Where the Government wishes to terminate the

Tenancy agreement as a result of a breach of the covenants stated herein the

Government shall give the Tenant(s) one month’s notice in writing.

9.2 The Tenant shall inform the Permanent Secretary responsible for the

Public Service through his Permanent Secretary/Head of Department in

writing of any proposed premature vacation of the property to preclude

jeopardising any terms and conditions of the Lease Agreement entered into

between the Government of Saint Lucia and the Landlord.

10. End of Tenancy

10.1 The Tenant shall return the Property and Contents at the end of the tenancy

in the same clean state or condition as they were at the commencement of

the tenancy.

11. Where the Tenancy Agreement is silent on an issue, reference should be made to the

Relocation Policy.


SIGNED by the Tenant:-

Name: _________________________________________________________________________________________________

Ministry/Department _______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

Occupation: __________________________________________________________________________________________

Signature _____________________________________________________________________________________________

IN the presence of:-

Name: _________________________________________________________________________________________________

Occupation: __________________________________________________________________________________________


_______________________________________________________________________________

_______________________________________________________________________________

Witness Signature ___________________________________________________________________________________

AND a representative of the Government:-

Name: _________________________________________________________________________________________________

Occupation: __________________________________________________________________________________________


_______________________________________________________________________________

_______________________________________________________________________________

Witness Signature ___________________________________________________________________________________

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