An oath-taking ceremony for commune councillors in Kampong Svay commune’s Sisophon village of Banteay Meanchey province’s Sisophon town on July 5. BANTEAY MEANCHEY ADMINISTRATION
The Ministry of Interior has reminded all capital and provincial governors to expedite all requests made by council members elected in the June 5 commune council elections to retain their positions in the civil service employment framework while serving as elected officials.
According to a letter from Sak Setha, secretary of state for the Ministry of Interior, to the capital and provincial governors on July 7 obtained by The Post on July 13, the Ministry of Interior noted that there were some civil servants working for sub-national administrations that were elected as members of commune councils.
The letter said that under article 37 of the commune council election law requires that civil servants, judicial officials, members of the Royal Cambodian Armed Forces (RCAF) and national police officials who are elected and wish to serve as commune council members follow the established hierarchy of their ministry or institution’s civil service framework during their commune council terms.
Sak Setha said that during their terms in office, these civil servants have the right to receive promotions and their seniority ranking is retained for pension purposes. When the term ends, they have to reapply to serve in their original framework, but each of the ministries or entities are able to determine their functions or positions.
He added that according to the election law, civil servants within the framework are required to apply for extended leave from their position after they are elected to the commune council. When they are on leave from that framework they will not be paid their regular salary because they are being paid to be members of the commune councils.
“We do not pay them when they are doing other work outside of their civil service jobs. But they retain their position in the civil service employment framework and they have the right to be promoted and obtain benefits for when they retire. For example, if they normally get promoted every two years they will still receive that promotion while away serving on the commune council,” he continued.
Khorn Bros, chief of the Kampong Cham provincial administration, said on July 13 that his provincial administration had advised elected members of the commune councils who work within the civil service framework to apply for a suspension of duties after they took office.
“They are preparing to do so, but we have not yet seen their application forms. I’m not sure what the total number is overall for elected members of the commune councils who are civil servants,” he added.
National Election Committee (NEC) spokesman Som Sorida said on July 13 that under the law, civil servants who get elected in the June 5 commune council elections are required to apply for leave to work outside of the civil service framework, but other members who are not civil servants have no equivalent requirement.
“When we list candidates as running, all of those candidates must have certain documents along with application forms to declare their candidacy. In particular, civil servants must present leave forms for their jobs in the civil service framework. In the past, the NEC has allowed some candidates to delay submitting those forms until they get elected as members of the commune councils, then they must fill out the forms regarding working outside of their jobs in the civil service,” he said.
