Title
Transfer Ban of Oversight Officials
Law
Csc Memorandum Circular No. 51
Decision Date
Dec 18, 1990
Heads of units and staff in oversight roles are prohibited from transferring to the agencies they oversee for one year after their assignment ends, addressing concerns of potential influence and conflicts of interest.
A

Q&A (CSC MEMORANDUM CIRCULAR NO. 51)

The main purpose is to prohibit Heads of units/field offices/provincial offices and their staff from transferring or being appointed to any position in the department or agency which their units are assigned or designated to oversee for one year after termination of such assignment or designation.

The prohibition applies to officials in positions capable of exerting pressure or influence on the new or accepting agency, such as heads of resident auditing units or Civil Service Field Officers.

No, clerical and skilled employees such as clerks and drivers are not covered by the prohibition.

The restriction applies for one year after the termination of the assignment or designation over a department or agency.

No, the restriction on any transfer or resignation within the coverage stated in item 2 of Memorandum Circular No. 41, s. 1990, remains effective.

The circular was prompted by an increasing number of cases where heads of resident auditing units or Civil Service Field Officers transferred to management positions in the very government agencies they formerly oversaw.

It refers to departments or agencies that are assigned or designated under the official's unit for auditing, supervisory, or oversight responsibilities.

No, it specifically applies to heads of units/field offices/provincial offices and their staff who exercise oversight functions over their designated agencies.

While the circular does not explicitly state penalties, such violations would likely be subject to administrative sanctions under Civil Service rules for improper transfer or appointment.


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