ETHICS IN THE PUBLIC SERVICE

DCE5635 ETHICS IN HUMAN RESOURCE DEVELOPMENT

LECTURER: DR MOHD. FAIQ BIN ABD AZIZ
LI XIAOYAN (GS55652)
WANG SHENGKUN (GS57457)
SHAHRUL AZUAN BIN AZIZ (GS53926)
MOHD HAZIZI BIN A KADIR (GS54045)
YOGASRI A/P SIVANYANAM (GS58371)
NUR ASYIRA BT ABU SAMAH (GS58230)
DEFINITION

The public service refers to the arm of

government whose primary responsibility is
the implementation of government policies
and programmes in accordance with the
established rules and procedures. Public
servants are persons who serve in any
government establishments and receive
regular pay or stipend from government.
(Eneanya: 2014)
 PUBLIC SERVICE

Civil service Commissions

Corporations or
state-owned Services of national
enterprises assemblies

Agencies Extra-ministra-
ministerial departments

Government policies
ETHICS IN PUBLIC SERVICE

Ethics in the public sector is a broad topic

that is usually considered a branch
of political ethics. In the public sector,
ethics addresses the fundamental premise
of a public administrator’s duty as a
“steward” to the public. Ethics is defined as,
among others, the entirety of rules of
proper moral conduct corresponding to the
ideology of a particular society or
organization (Eduard).
 THE ETHICS OF PUBLIC SERVICE

According to Kinchin (2007),

the ethics of public service is
(should be) based on five basic
virtues; fairness, transparency,
responsibility, efficiency and no
conflict of interest.
 THE MOST FREQUENTLY
STATED PUBLIC SERVICE VALUES

•Impartiality
•Legality
•Integrity
•Transparency
•Efficiency
•Equality
•Responsibility
•Justice
 HISTORY OF GLOBAL PUBLIC SERVICE

Governing bodies have long provided core public services. The

tradition of keeping citizens secure through organized military
defence dates to at least four thousand years ago.
Maintaining order through local delegated authority originated at
least as early as the Warring States period (5th to 3rd centuries BCE)
in ancient China with the institution of xian (prefectures) under the
control of a centrally-appointed prefect. Historical evidence of state
provision of dispute resolution through a legal/justice system goes
back at least as far as ancient Egypt.
A primary public service in ancient history involved ensuring the
general favor of the gods through a theologically and ceremonially
correct state religion.
 Cont’

 The widespread provision of public utilities as public services

in developed countries usually began in the late nineteenth
century.
 In developing countries, public services tend to be much less
well developed. For political reasons, the service is
often subsidized, which reduces the finance potentially
available for expansion to poorer communities. The United
Nations Sustainable Development Goal is however, a global
initiative which aims to influence the provision of public
services and infrastructure to marginalized demographics.
 MALAYSIA PUBLIC SERVICE

MPS is basically a very large enterprise that plays the role of

formulating, administrating and implementing Government
policies. The core business of MPS organizations is to deliver crucial
services such as government administration, judicial, public
security, national defense, health and education.
ARTICLE 132 FEDERAL CONSTITUTION
 GENERAL PRINCIPLES OF ETHICAL
CONDUCT IN PUBLIC SERVICES

• Respect the rule of law

• Do not misused your public position for private gain
• Be responsible in the use of your time and resources
 Ethics in the public sector is a broad topic that is usually
considered a branch of political/government ethics.

In the public sector, ethics addresses the fundamental

“Ethical conduct” involves premise of a public administrator's duty as a "steward" to
just that—conduct. It is a the public
measure of how well you
make decisions and In other words, it is the moral justification and
perform your duties in
consideration for decisions and actions made during the
accordance with public
service principles and completion of daily duties when working to provide the
standards. general services of government and non-
profit organizations.

Decisions are based upon ethical principles, which are the

perception of what the general public would view as
correct. Ensuring the ethical behaviour in the public sector
requires a permanent reflection on the decisions taken and
their impact from a moral point of view on citizens.
 FULFILLING THE EXPECTATION OF
ETHICAL SERVICE REQUIRES:

 Awareness: becoming familiar with ethical principles, rules and laws

 Engagement: cultivating habits of asking questions and seeking advice

 Accountability: acting in ways that reflect the expectations of public service, and
holding ourselves and each other accountable

 Morality: Always put the morality at the highest place in our life

 Productivity: Its lead to the effectiveness of public services in the eyes of people
and increase public trust

 Good Governance: Practice good governance for the publics good and benefits

 Integrity: the powers and resources entrusted to PA, and its organizations, are used
effectively according to ethical principles and decisions on public purpose
THE STRENGTHENING EFFORTS BY MALAYSIA
PUBLIC SERVICE ON ETHICAL CONDUCT

 Development code of conduct in Public service

 7 Day Training and Education Policy

 Role Model through Leadership

 Attentive public citizen, NGOs and Mass Media

concept of integrity, transparency and accountability
 ISLAMIC ETHICS IN PUBLIC SERVICES

• In Malaysia Public Services, since year 1985, The policy to execute Islamic
Values and Principles in the core of Malaysia Government was put under
executive order ‘Penerapan Nilai-Nilai Islam Dalam Pentadbiran Awam
Negara’.

• This policy has been sources to the Article 3(1) Federal Constitution of
Malaysia which bring the power to execute by all means to carried out the
policy on Islamic practices into the administration.

• The ultimate purpose of this policy was to unify the Malaysian community
and put a harmonious atmosphere in Malaysia politics and religion life.
This policy also want to eliminate the negative behaviour and norms in
public services and relief the secular western practice in public service
since British Colonial Administration.
 ISLAMIC ETHICS IN PUBLIC SERVICES

• The most important aspect by implementation of this policy were

the development the values of Islamic principles of ethics such as:

a. Grateful b. Collaboration
c. Virtuous d. Discipline
e. Honest f. Steadfast
g. Moderation h. Dedication
i. Sincerity j. Responsible
k. Trustworthy

• This eleven ethical principles has been choose because its became
the general principles of ethics that can be accepted by all human
around the world and the most important ethical principles need
by mankind.
“CURRENT SCENARIO”

ETHICS IN THE PUBLIC

SERVICE
 ISSUES

KLEPTOCRACY BRIBERY

A government with corrupt leaders

(kleptocrats) that use their power
to exploit the people and natural
resources of their own territory in
order to extend their personal
wealth and political powers.
The act of offering or receiving
something of value in exchange
for some kind of influence or
action in return.
ABUSE OF POWER
The unlawful act, done in an
official capacity, which affects the
performance of official duties.
Abuse of power can also mean a
person using the power they have
for their own personal gain.
CORRUPTION
A wrongdoing on the part of
authority or powerful party
through illegitimate and
immoral means , which
incompatible with ethical
standards.
 KLEPTOCRACY

The public sector has been the most vulnerable

to corruption (2013-2018)
Vulnerability rate of 17.06% in the private
sector, the public sector showed a more alarming
rate of 63.30%.
Malaysia has come under the spotlight for being
coined a kleptocratic country because of several
individuals involved in mega scandals namely:-
(1MDB, FELDA, MARA, SRC International,
Sabah Water Department & Tabung Haji)
 Cont’

• These scandals have seen billions,

even trillions, of ringgit being
syphoned off from the country.

• Eroded the overall public

confidence in the institutional
transparency and credibility.
 CORRUPTION

Refers to the exploitation or abuse of entrusted

power that comes with a public office by a public

official for his/her own benefits and gains.
“Elite corruption is the most difficult to combat

because of the power at the disposal of the elite

unless there is a major political upheaval”.
CPI 2019

Source: Corruption Perception Index

(Transparency International)
SOURCE: Malaysian Anti-Corruption
Commission (MACC)
“Power tends to corrupt, and absolute power
corrupts absolutely”
(Lord Action, 1887, Letter to Bishop Creighton)
 CHALLENGES
Human
(Personnel
)
Size of Public
Service
Human Resource
Management

Culture

Leader & Leadership

Pressure

New Norm
 Explaining human behavior in all its
Human (Personel) complexity is a difficult task (Azjen, 1991).

Difference

• Attitude
• Skill

• Little Napoleon
Knowledge
••
aView
group of civil servants who are incompetent
and do not perform the duties entrusted to
• Priority
• them in accordance with the procedures and
Approach
ethics in the public service.
• How? delaying execution work, hiding files,
making it difficult for people to deal with
public service.
• The public service is a medium that
connects the community with the Lifestyle
government. • Beyond affordability (expensive
• Not profitable, instead being a hobby, purchasing expensive item)
facilitator and providing services. • No financial planning - high
• Human is the main workforce in the amount of debt
public service because it is not
Relationship
involved in manufacturing and there
is no need to use automation. • Family & friends
 The challenge of forming and
Size of Public Service maintaining integrity in public service is
the size itself and the large number of
staff (Megat & Abd. Halim, 2016)

1.6m 4.35m 2m 250k

• Commission (Public Services
Commission of Malaysia)
• Ministries (Ministry of Works)
• Department (Fishery Department)
• Statutory Bodies (Malaysian
Investment Development Authority
– MIDA)
• Commission (States Public Services
Commission)
STATE
GOVERNMENT
• Ministries (Only in Sabah & Sarawak)
• Department (Religious Department)
• Statutory Bodies (Lembaga Air Perak)
• City Council / City Hall (Shah Alam
City Council)
• Municipal Council (Selayang Municipal
Council)
• District Council (Sabak Bernam
District Council)
 SIZE OF PUBLIC SERVICE

Scheme Federal State Local

Government

240 schemes in 27 ministry 372 ministry,

Public Service department & 149 Local
55 department commission Government
D = Education & commission
J = Engineering 120 statutory
S = Social 132 statutory bodies
Y = Police bodies
 HUMAN RESOURCE MANAGEMENT
Training & Development HR Matters
• On average – 35k retire every year • Succession planning – One
• The same amount will be appoint of the important role in HR
to fill the vacant post • Involve talent
management, grooming,
Interfere training, placement.

• • Does not allow the exchange / transfer of

Big numbers of personnel to be train every
year (new & existing) officer
• • Does not allow officers to attend courses
Technological advances, new policies
• For the newly appointed – takes time to and training
• Using influence to cancel what HR have
learn and familiar with government
procedure propose

Subject Matter Expert

• There are codes of conducts that need to be
followed by civil servants.
• Failure to comply – disciplinary action can be
taken (up to termination)
• To take action – steps and procedure must be
followed - failure to comply with the procedure
will only cause the government to lose in the case
 CULTURE LEADER & LEADERSHIP
The Malaysian civil service (MCS) can
Top management needs to strengthen the
be traced back to British rule when the
moral foundation for the organization by
Federated Malay States (FMS) were
setting and demonstrating a high level of
established in 1896 and influenced by
ethics and promoting beneficial integrity
the British (Noor Hazilah, 2011).
to others (Megat & Abd. Halim, 2016).
The role culture plays in an organization Infrastructure, leadership, and involved
is a key factor in the functioning of the stakeholders are key in developing an
organization and can promote or hinder organizational culture that fosters ethics
change initiatives such as the (Foote & Ruona, 2008).
institutionalization of ethics
(Foote & Ruona, 2008).

• Short period (retire, transfer)

• Discontinuity of policy and
approach
• Competency
• No action taken against
unethical public servant
 PRESSURE

One of the important

values of a public servants
when making decisions is
to hold the principle of
exclusion or neutral by not
in favor of any interest
whether political,
Internal External
economic and so on
(Mohd Koharuddin, Politician
Rosman, Mohd Azhar, Top Management • Usually appointed to
Muhammad Fauzi & • Giving be a member of the
Nasir, 2012). instructions to board of government
perform agencies
To ensure that the ethical dilemma does not unethical
arise, public servants should be able to make • Have access to give
actions instructions to public
decisions without being influenced by pressure
or influence from politicians to ensure that they servants
Subordinates
can act fairly by holding the principle of • Boycott
safeguarding the public interest and integrity Society & NGO
• Forcing • when the decision is
(Mohd Koharuddin, Rosman, Mohd Azhar,
Muhammad Fauzi & Nasir, 2012). not in their favor
 Lets test your general knowledge …

1. Which is the first prime minister of Malaysia who introduced the concept of
Ethics in Malaysia?
A.A. Dato Sri Najib Tun Razak
B.B. Tun Dr Mahathir bin Mohammad
C.C. Tun Abdullah Ahmad Badawi

2. Who is the head of the Civil Service of Malaysia ?

 MILESTONE ON CONCEPT OF ETHICS IN
PUBLIC SERVICE

Panduan Perkhidmatan Cermerlang

1979
1982
Punch Card System

Kempen Bersih, Cekap dan Amanah 1983

Name Tag Implementation
Dasar Pandang ke Timur

Kempen melalui Teladan 1983

Muniroh,A.R & Zaharrudin,L. (2017). Kempen “Kepimpinan melalui Teladan”semasa Era Pemerintahan Tun Dr. Mahathir Mohamad di
 KEMPEN MELALUI TELADAN (1983)

Kad Perakam Aset Declation Continous

Manual Prosedur Kerja Nametag
Waktu study scheme
(MPK) dan Fail Meja (FM)

Muniroh,A.R & Zaharrudin,L. (2017). Kempen “Kepimpinan melalui Teladan”semasa Era Pemerintahan Tun Dr. Mahathir Mohamad di
 MILESTONE ON CONCEPT OF ETHICS IN
PSD

Dasar Penerapan Gerakan Sambutan Hari

Etika Kerja
Nilai- Nilai Islam Budaya Perkhidmatan
Islam
Dalam Pentdbiran Cemerlang Awam

1985 1987 1991

1989

Asmidar, L. & Ahmad,T.T. (n.d). An Overview on Malaysia’s Initiatives

 Trustworthiness Grateful
(Amanah) (Bersyukur)

Responsible Virtous
(Tanggungjawab) (Berbudi Mulia)

Dasar Penerapan
Nilai Nilai Islam Collaborative
Sincerity (Ikhlas) Policy Handbook (Berkerjasama)
(1985)

Disclipined
Dedication (Dedikasi)
(Berdispilin)

Moderation (Sederhana)
Honest (Bersih)

Steadfast (Tekun)
MILESTONE OF CONCEPT OF ETHIC IS PSD

Buku Tonggak Arahan Y.A.B Arahan Y.A.B Pelan Intergriti

12 PM No.1 PM Siri 2 Nasional
Insitut
Intergriti
Malaysia

1992 1998 2004

2000
 BUKU TONGGAK 12

Zainal,Y. (2003). Nilai , Etika dan Budaya Kerja dalam Pentadbiran Sektor Awam Di Malaysia dari Perspektif Islam, 2(1), 8.
INSTITUT INTERGRITI MALAYSIA (IIM)

Enhance the capacity and competency of

the public sector, GLCs and corporates in
relation to  governance, integrity and anti-
corruption.

Provide solutions for issues relating to

governance, integrity and anti-corruption.

Product: Integrity Assessment Tool,

Individual Integrity Profile, Ethic and
Integrity Training Programme, Anti-
Bribery Management System ,
Organisational Anti-Corruption Plan.

Registered Training Entity under HRDF

https://integriti.my/eni/
CODE OF CONDUCT OF PSD IN MALAYSIA
SERIES 1
Code of conduct for public service officers as provided in Regulation 4, Public Officers
(Conduct and Discipline) 1993 are as follows:

"4 (1) An officer shall at all times and on all occasions give his undivided loyalty and
devotion to the Yang di-Pertuan Agong, the country and the Government.

(2) An officer shall not –

(a) subordinate his public to his private interests;
(b) conduct himself in such a manner as is likely to bring his private interest into
conflict with his public duty;
(c) conduct himself in such a manner likely to cause a reasonable suspicion that:
(i) he has allowed his private interests to come into conflict with his public duty so as to
impair his usefulness as a public officer; or
(ii) he has used his public position for his personal advantage;
(d) conduct himself in such a manner as to bring the public service into disrepute or bring
discredit to the public service;
(e) lack efficiency or industry;
(f) be dishonest or untrustworthy;
https://www.spa.gov.my/en/guidelines/disciplinary/series/series-1-public-services-codes-of-conduct
CODE OF CONDUCT OF PSD IN MALAYSIA
SERIES 1
g) be irresponsible;
(h) bring or attempt to bring any form of outside influence or pressure to support or
advance any claim relating to or against the public service, whether the claim is his own claim
or that of any other officer;
(i) be insubordinate or conduct himself in any manner which can be reasonably construed as
being insubordinate; and
(j) be negligent in performing his duties

"4A (1) An officer shall not object another person to sexual harassment, that is to say, an
officer shall not –

(a) make any sexual advance, or any request for sexual favours, to another person; or
(b) do any act of a sexual nature in relation to another person, in circumstances in which a
reasonable person, having regard to all the circumstances, would be offended, humiliated or
intimidated.
(2) A reference in sub-regulation (1) to the doing of an act of a sexual nature to another person –
(a) includes the making of a statement of a sexual nature to, or in the presence of, that other
person, whether the statement is made orally or in writing or in any other manner;
(b) is not limited to doing of such act at workplace or during working hours only as
long as the doing of such act brings the public service into disrepute or bring discredit to the
public service.”
 CODE OF CONDUCT OF PSD IN MALAYSIA

Series 2 – Disciplinary Authority

Public Services Commission
The Public Services Commission as the Disciplinary Authority has the power to impose punishment
of dismissal or reduction in rank of all officers in the Top Management Group and the
Managerial and Professional Group.

Series 3 - Disciplinary Action procedures in cases where an officer is absent without

leave and cannot be traced.
Where an officer is absent from duty without leave or without prior permission or without
reasonable cause for 7 consecutive working days and cannot be traced.

Series 4 – The usual Disciplinary Action: Cases in relation to officers who are absent
without leave or unsatisfactory work performance

Series 5 – Disciplinary procedures in relation to officers convicted of criminal

offence
Upon completion of the criminal proceedings against the officer, the appropriate Disciplinary
Authority shall proceed to suspend the officer from the exercise of his duties as stated in Regulation
45(1)(a), with effect from the date of the officers conviction pending the decision of the Disciplinary
Authority pertaining to the conviction. During which throughout the whole suspension period, the
officer will not be entitled to any part of the emoluments.
CODE OF CONDUCT OF PSD IN MALAYSIA

Series 6 – Disciplinary procedure where there is an order of detention,

banishment, etc

Series 7 – Interdiction and suspension

Series 8 – Disciplinary Appeal

Provisions pertaining to matter related to disciplinary appeal are provided in the Public
Services Disciplinary Board Regulations, 1993 [P.U.(A) 396]

Series 9 - Frequent Errors in Disciplinary Action

• Appeal letter delivered late and addressed to wrong address
• The wrong Regulation was cited in the Disciplinary Action
• Head of Department’s review pertaining to the Appeal
• Grounds for decision was not provided for by the Department’s Disciplinary Board
• The Head of Department did not provide any reviews
• Inaccurate decision/ judgement
 CASE STUDY

• Background: The appellant was a lance corporal in

PDRM. He was charged with an offence under S. 222 of
Penal Code – he falsified documents to release 3
Indonesian detained from police lock-up in Batu Pahat.
• He was convicted and fined RM 1,500 in default 3 months
imprisonment. He paid the fine but did not appeal
against the sentences.
• The appellant HOD submitted a report to the Disciplinary
Body and recommended that the appellant to be
dismissed.
• Decision : The appellant was informed about his
dismissal through a letter.

• Issue : The appellant argued that the dismissal

was null and void as he is invoked based
regulation 38 instead of regulation 37. What do
you think???
OTHER WRITTEN RULES AND PROCEDURES

• Perintah Am
• Peraturan-Peraturan Pegawai Awam (Pelantikan, Kenaikan Pangkat dan Penamatan
Perkhidmatan) 2005, P.U. (A) 176/20053.
• Peraturan-Peraturan Pegawai Awam (Kelakuan dan Tatatertib) 1993, P.U. (A) 395/934.
• Arahan Perbendaharaan
• Pekeliling Perkhidmatan
• Surat Pekeliling Perkhidmatan
• Pekeliling Perbendaharaan
• Pekeliling Kemajuan Pentadbiran Awam
• Pekeliling Am
• Surat Pekeliling Am
• Arahan Keselamatan
• Pekeliling / Arahan Dalaman
 “ The issue of an ethical culture is a complex issue that
requires a large amount of clarity and dedication’. It must
also be measured and reviewed from time to time to fully
obtain the public confidence and respect. Public trust is a very
delicate commodity. It is not only difficult to win but it is also
hard to regain. Civil servants must not lose sight of the fact
that their very survival depends on the public trust and that
must be shown from the demonstration of their willingness
and ability to run the public office with quality values and
ethics”

Tunku Abdul Aziz’s,

The President, Transparency International Malaysia
 New Challenge: Covid-19

During the long-lasting

covid-19 period, public
services in various countries
have exposed different
degrees of advantages and
disadvantages. There are
currently 56.7 million sick
people worldwide.This
epidemic not only affects our
health, but also our
economy, lifestyle, etc. This
is a new challenge to public
service ethics
 2020 Malaysia Movement Control Order

Date:18 March 2020 – 20 December 2020

Location:Malaysia
Caused by:COVID-19 pandemic in Malaysia
Goals:Containment of the pandemic
 MCO METHODS

All nurseries, government and private

schools, including boarding schools,
international schools, tahfiz centres,
primary, secondary and pre-university
education institutions, public and
private universities, and vocational
training centres closed

Remote Work Ethics

1.Establishing daily work schedule
2.Minimizing distractions
3.Staying connected
4.Delivering results
5.Practicing punctuality
6. Being mindful of deadlines
 Conclusion

• Our team members explained the public service ethics from the aspects of
introduction, public service ethics, past and present, challenges, and methods.
• When ethics is not the priority of public service, the result may be that the
people lose trust in the government, society becomes chaotic, and crime rates
increase.
• Only public service employees have a clear occupational definition, a well-
coordinated ethical infrastructure, and continuous evaluation and
improvements can help avoid moral errors and their serious and far-reaching
consequences.
• Finally, hope COVID-19 will leave us as soon as possible, so that we can face
to face class as soon as possible
 Conclusion

• In most countries today there are increasing expectations from ordinary

citizens, business leaders and Civil Society that Governments will establish
and deliver higher standards of ethicality and integrity in the Civil Service,
agencies of government (Ministries and parastatals), and Government itself.
• In part this expectation is the result of better-focused media attention and
public scrutiny, and increasing impatience by ordinary citizens and Civil
Society, whose members want to see an end to the corrupt practices and
systems of the past.
• Bearing in mind the significant progress made in recent years in developing
effective Civil Service Ethics, Codes of Conduct, transparency measures,
Ethics and Integrity systems, and Anti-corruption agencies.