THE COUNCIL OF THE COUNCIL OF ETHICS FOR ETHICS FOR

PUBLIC SERVICEPUBLIC SERVICE

A SNAPSHOT A SNAPSHOT ABOUT THE COUNCILABOUT THE COUNCIL

The Council of Ethics for Public Service (CEPS) was established within The Council of Ethics for Public Service (CEPS) was established within the Prime Ministry in 2004 with Law No. 5176 referred as the the Prime Ministry in 2004 with Law No. 5176 referred as the ““Establishment of Council of Ethics for Public Service and Making Establishment of Council of Ethics for Public Service and Making Amendments on Some LawsAmendments on Some Laws” to fight against corruption and embed ” to fight against corruption and embed ethical culture among public officials. ethical culture among public officials.

The Council is located in Ankara and does not have any offices in other The Council is located in Ankara and does not have any offices in other provinces. provinces.

There are a total of 11 Council members including the Chair and There are a total of 11 Council members including the Chair and 2222 personnel. personnel.

The budget of the Council allocated for the year 2011 is 100 thousand The budget of the Council allocated for the year 2011 is 100 thousand TL (approximately 50 K TL (approximately 50 K €)€). The Council’s budget which used to be . The Council’s budget which used to be included within the General Directorate of Personnel and Principles of included within the General Directorate of Personnel and Principles of the Prime Ministry until 2010, now is separate; yet it is still bounded to the Prime Ministry until 2010, now is separate; yet it is still bounded to the Prime Ministry. The allocated budget items for the Council include the Prime Ministry. The allocated budget items for the Council include honorarium paid to Council members and chair, stationeries, office honorarium paid to Council members and chair, stationeries, office equipments, and publicity campaignsequipments, and publicity campaigns

What Does the Council Do?What Does the Council Do?In general, the Council’s main functions can grouped into In general, the Council’s main functions can grouped into

three: three:

1. Determine public officials’ ethical behavioral codes 1. Determine public officials’ ethical behavioral codes and gives consent to or provide technical assistance to and gives consent to or provide technical assistance to institutions drafted ethical codes regulations. institutions drafted ethical codes regulations.

2. Investigate and Inquiries2. Investigate and Inquiries: : The Council conducts the The Council conducts the necessary investigation and inquiries on public officials necessary investigation and inquiries on public officials specified by the Law for violation of ethical codes after specified by the Law for violation of ethical codes after personal claims or by the Council’s own initiative.personal claims or by the Council’s own initiative.

3. Embed Ethical Culture3. Embed Ethical Culture: : Activities include conducting Activities include conducting academic quality studies, EU funded projects, seminars on academic quality studies, EU funded projects, seminars on the issue of ethics; running public ethics training program; the issue of ethics; running public ethics training program; preparing training materials on ethics for trainers; preparing training materials on ethics for trainers; supporting studies and trainings relevant to ethics not only supporting studies and trainings relevant to ethics not only with public bodies but also with private sector and NGOs.with public bodies but also with private sector and NGOs.

ABOUT THE COUNCIL MEMBERSABOUT THE COUNCIL MEMBERS

The Council consists of 11 members including The Council consists of 11 members including the Chairman who all are appointed by the the Chairman who all are appointed by the Council of Ministers to serve for 4 years and Council of Ministers to serve for 4 years and can be reelected again after their terms are can be reelected again after their terms are completed. The Council members meet 4 completed. The Council members meet 4 times in a month and receive honorarium for times in a month and receive honorarium for their services. their services.

The Council members review investigation The Council members review investigation claims on ethical violations, reaches verdicts claims on ethical violations, reaches verdicts on cases, support and evaluate researches on cases, support and evaluate researches and projects that contribute to strengthening and projects that contribute to strengthening ethical culture within the public sector and ethical culture within the public sector and the society in general. the society in general.

About the Council StaffAbout the Council Staff

Currently, the secretariat of the Council functions with Currently, the secretariat of the Council functions with 2121 personnel personnel who sustain the work of the Council members by contributing to the who sustain the work of the Council members by contributing to the goals and mission of the Council. goals and mission of the Council.

The General Directorate of the Personnel and Principles The General Directorate of the Personnel and Principles withinwithin the the Prime Ministry posts the Council’s staff based on the needs and Prime Ministry posts the Council’s staff based on the needs and requirements of the Council. requirements of the Council.

Among the personnel are Among the personnel are 1 1 HHead of the Department; provides coordination for the Council among ead of the Department; provides coordination for the Council among

Ministries; responsible for budget, personnel, and administrative workMinistries; responsible for budget, personnel, and administrative work 1 Project Director1 Project Director 77 Prime Ministry Experts and Expert Assistants Prime Ministry Experts and Expert Assistants 3 3 PressPress and and PPublic ublic CCouncilorouncilorss 4 temporarily commissioned inspector and auditors from the Court of 4 temporarily commissioned inspector and auditors from the Court of

Accounts and Ministry of InteriorAccounts and Ministry of Interior 1 1 Chief ClerkChief Clerk 2 Clerks2 Clerks 1 1 Office-boy Office-boy 1 1 DDriverriver

Investigations and InquiriesInvestigations and Inquiries As specified by the Law, the Council As specified by the Law, the Council

conducts investigations and researches on conducts investigations and researches on public officials who serve public officials who serve at least as at least as general managers or an equivalent general managers or an equivalent senior position levelsenior position level. The Council . The Council does does not dealnot deal with public bodies but with public with public bodies but with public officials whose titles are defined above. officials whose titles are defined above.

The application claims can be made by mail The application claims can be made by mail or email by any citizen or foreigners or email by any citizen or foreigners residing in Turkey, or by the Council’s own residing in Turkey, or by the Council’s own initiative. initiative.

Table 1Table 1Titles and Numbers of Applications the Council received between Titles and Numbers of Applications the Council received between the years 2005-2010the years 2005-2010

Titles of the Application ClaimsTitles of the Application Claims Applications Applications in 2005in 2005

Applications in Applications in 20062006

Applications in Applications in 20072007

Applications in Applications in 20082008

Applications in Applications in 20092009

Applications in Applications in 20102010

TOTALTOTAL

Mobbing of the PersonnelMobbing of the Personnel 66 22 1212 1010 44 1111 4545

Incompliance with general Incompliance with general ethical standardsethical standards

1010 88 44 99 8181 101101 213213

Negligence/Breach of DutyNegligence/Breach of Duty 1717 99 44 1818 3636 7171 155155

Conflict of InterestConflict of Interest -- -- -- -- -- 1818 1818

Use of public domain and Use of public domain and source for personal source for personal

purposespurposes

66 22 2020 88 55 1010 5151

PlagiarismPlagiarism 44 -- 11 -- 22 -- 77

Favoritism, nepotism, Favoritism, nepotism, discriminationdiscrimination

77 22 33 77 66 3131 5656

Treatments against equality and Treatments against equality and impartialityimpartiality

44 55 88 1313 77 -- 3737

Breach of right to informationBreach of right to information 33 22 22 22 33 1717 2929

Claims on Claims on corruption/unlawfulnesscorruption/unlawfulness

1717 1212 44 66 3939 8686 164164

MiscellaneousMiscellaneous 44 55 66 33 -- 1313 3131

TOTALTOTAL 7878 4747 6464 7676 183183 358358 806806

Distribution of the Application Claims by their Titles 2005-2010

Figure 1Figure 1Numbers of Applications Received By The Council Between The Years Numbers of Applications Received By The Council Between The Years 2005-20102005-2010

7847 64 76

183

358

050

100

150200250300

350400

2005 2006 2007 2008 2009 2010

Total Numb. Of Applications Received

About Investigations and About Investigations and DecisionsDecisions

Council reviews cases solely on the existence of violation Council reviews cases solely on the existence of violation of ethical principles. of ethical principles.

TThe Council gives an “ethical violation” decision about he Council gives an “ethical violation” decision about the related public official.the related public official.

Council accepts applications with adequate and concrete Council accepts applications with adequate and concrete information or documents. information or documents.

No review if being revert to or examined by the judiciary. No review if being revert to or examined by the judiciary. The Council has the right to request information and The Council has the right to request information and

documents from Ministries and other public institutions; documents from Ministries and other public institutions; has the right to obtain declaration of property. has the right to obtain declaration of property.

The Council must conclude investigations within 3 The Council must conclude investigations within 3 monthsmonths

Until February 2010, the Ethics Council had the right to Until February 2010, the Ethics Council had the right to publish the ascertained decisions in the Official Gazette publish the ascertained decisions in the Official Gazette (8 decisions were already published) including the names (8 decisions were already published) including the names of public officials who violated ethical codes with of public officials who violated ethical codes with summaries of their indictment. summaries of their indictment.

Table 2Type and Distribution of the Council’s Decisions based on Application Titles between the years 2005-2010

Types of the Council

Decisions on Applications

Numb. of decisions in

2005

Numb. of decisions in 2006

Numb. of decisions in 2007

Numb. of decisions in 2008

Numb. of decisions in 2009

Numb. of decisions in 2010

TOTAL

Ethical Principles are violated

- - - 1 6 30 38

Not reviewed due to being examined by adjudication bodies

13 11 8 4 15 11 62

No Ethical violation has been found

1 4 6 5 18 42 76

Objected due to procedural

reasons

31 20 18 36 7 16 128

Others 18 9 15 14 7 18 81

TOTAL 63 44 47 59 53 117 384

Embedding Ethical CultureEmbedding Ethical Culture

The council has also been involved with the The council has also been involved with the European Council and European Union European Council and European Union assisted projects to reduce corruption and assisted projects to reduce corruption and embed ethical culture including European embed ethical culture including European Union Pre-Accession Assistance (IPA) Union Pre-Accession Assistance (IPA) Projects, and Support Activities to Strengthen Projects, and Support Activities to Strengthen the European Accession Process (SEI) the European Accession Process (SEI) projects.projects.

I. TYEC 1: “Ethics for the I. TYEC 1: “Ethics for the Prevention of Corruption in Prevention of Corruption in Turkey” Project (2007-2009)Turkey” Project (2007-2009)

IPA project IPA project Lasted 24 months and conducted on 1 December Lasted 24 months and conducted on 1 December

2007 and completed on 30 November 2009.2007 and completed on 30 November 2009. The Project was funded by European Commission The Project was funded by European Commission

(90%) and Council of Europe (10%) with a (90%) and Council of Europe (10%) with a budget of 1.5 million Euros.budget of 1.5 million Euros.

The Council of Europe was responsible for The Council of Europe was responsible for implementing it.implementing it.

The overall objectiveThe overall objective of the Project was of the Project was to to contribute to the prevention of corruption in contribute to the prevention of corruption in TurkeyTurkey in accordance with European and other in accordance with European and other international standards through the international standards through the implementation and extension of the Code of implementation and extension of the Code of Conduct, and the development of anti-corruption Conduct, and the development of anti-corruption measures.measures.

In sum the project has delivered the In sum the project has delivered the following:following:

The staff of the Council of Ethics for Public Service were trained The staff of the Council of Ethics for Public Service were trained to promote ethical codes and ways to prevent corruption. to promote ethical codes and ways to prevent corruption.

A training package was completed to support ethics training of A training package was completed to support ethics training of public officials.public officials.

At least 110 trainers were trained and were able to deliver ethics At least 110 trainers were trained and were able to deliver ethics training.training.

Governors, deputy governors, district governors, mayors, deputy Governors, deputy governors, district governors, mayors, deputy mayors, members of ethics commissions of all in 81 provinces mayors, members of ethics commissions of all in 81 provinces were trained in the application of the code of ethics for public were trained in the application of the code of ethics for public officials (With 10 training events held, a total of 388 participants officials (With 10 training events held, a total of 388 participants were trained).were trained).

10 academic quality studies in ethically sensitive areas of Turkey 10 academic quality studies in ethically sensitive areas of Turkey were completed. Titles werewere completed. Titles were

1. Conflict of Interest in Public Administration 1. Conflict of Interest in Public Administration 2. Public Bidding and Ethics 2. Public Bidding and Ethics 3. Planning at Local Level 3. Planning at Local Level 4. Ethical Conduct in Law Enforcement4. Ethical Conduct in Law Enforcement 5. Ethical Conduct in the Health Services 5. Ethical Conduct in the Health Services 6. Ethical Standards and the Title/Land Registry 6. Ethical Standards and the Title/Land Registry 7. The Shadow Economy 7. The Shadow Economy 8. Professional Associations and Ethics 8. Professional Associations and Ethics 9. Ethics and the Customs Services 9. Ethics and the Customs Services 10. Ethics, Culture, and Society 10. Ethics, Culture, and Society

TYEC 2 (IPA 2010): “Consolidating TYEC 2 (IPA 2010): “Consolidating Ethics in the Public SectorEthics in the Public Sector” ” Project Project

(2011-2013)(2011-2013)

The financial agreement was signed in November 2010 with a budget of 1.5 million Euros, expected to be implemented in Spring 2011

The continuation of the previous TYEC 1 project; will also last for 2 years

The Council of Europe is the responsible body to implement

The objectives areThe objectives are1. Embed and consolidate the work from the first 1. Embed and consolidate the work from the first

project: project: Support for the consolidation of code of Support for the consolidation of code of

conduct for selected professional associations conduct for selected professional associations and the chambers of commerce and industryand the chambers of commerce and industry

About 200 trainers from central and local About 200 trainers from central and local government will be trained to deliver ethics government will be trained to deliver ethics training;training;

2. Create Awareness: 2. Create Awareness: Develop prevention of corruption awareness Develop prevention of corruption awareness

campaigns in ministries, schools, universities, campaigns in ministries, schools, universities, and the public in generaland the public in general

Extend ethics training and prevention of Extend ethics training and prevention of corruption awareness: corruption awareness:

3. Focus on key ministries and areas to develop 3. Focus on key ministries and areas to develop prevention strategies on corruption and unethical prevention strategies on corruption and unethical behaviors.behaviors.

33rdrd Project: SEI Project: “Technical Project: SEI Project: “Technical Assistance for Need Assessment for Assistance for Need Assessment for

Ethics CommissionsEthics Commissions 4 months length project was finalized last 4 months length project was finalized last

week; Results were discussed in two week; Results were discussed in two separate workshops conducted with separate workshops conducted with stakeholdersstakeholders

It had a budget of 140 K EurosIt had a budget of 140 K Euros Its objective was to find out the needs of Its objective was to find out the needs of

the public ethics commissions of both the public ethics commissions of both central and local government bodies as central and local government bodies as well as in professional organization unions well as in professional organization unions to increase their effectiveness in public to increase their effectiveness in public sector. sector.

A Tentative projectA Tentative project

A Draft Proposal for the IPA project for A Draft Proposal for the IPA project for 2012 referred as “2012 referred as “Fostering Cooperation among Fostering Cooperation among the NGOs, Public and Private Sector for Ethicsthe NGOs, Public and Private Sector for Ethics” has ” has been accepted by the European been accepted by the European Commission with a proposed budget of Commission with a proposed budget of 1.5 million Euros.1.5 million Euros.

The implementation period is The implementation period is planned for 24 monthsplanned for 24 months

Ethics TrainingsEthics Trainings The TYEC 1 project The TYEC 1 project

provided ethics provided ethics training of public training of public officials. As to this officials. As to this date, date, 15.479 public 15.479 public officialsofficials received received training. Among training. Among those, those, 213 public 213 public officials are referred officials are referred as ethics trainersas ethics trainers that have the adequate that have the adequate training to train others training to train others on issues of corruption on issues of corruption and ethics.and ethics.

RECENT RECENT DEVELOPMENTSDEVELOPMENTS

I. Regulation on the Principles of I. Regulation on the Principles of Ethical Behavior of the Public Ethical Behavior of the Public Sector’s Auditing OfficialsSector’s Auditing Officials

In the scope of our efforts to determine In the scope of our efforts to determine ethical principles for each profession ethical principles for each profession within the public administration, the within the public administration, the Council enacted the “Ethical Principal Council enacted the “Ethical Principal Regulation” for auditing officials of the Regulation” for auditing officials of the public sector on 14 September 2010.public sector on 14 September 2010.

II. Implementation GuideII. Implementation Guide

An Ethics Reminder booklet, published An Ethics Reminder booklet, published within the provided budget of the within the provided budget of the TYEC 1 project. It provides key facts TYEC 1 project. It provides key facts and practical tips on the ethical values and practical tips on the ethical values and principles of the Turkish public and principles of the Turkish public service as well as everyday activities a service as well as everyday activities a public official may face. In 2010, the public official may face. In 2010, the Council published the revised version Council published the revised version of the Guide with edited samples and of the Guide with edited samples and pics.pics.

III. Strategy of Increasing Transparency III. Strategy of Increasing Transparency and Strengthening Anti-Corruption and Strengthening Anti-Corruption EffortsEfforts National strategy accepted by the National strategy accepted by the

Council of Ministers in February 22, Council of Ministers in February 22, 2010 to fight corruption.2010 to fight corruption.

With the Strategy, coordination among With the Strategy, coordination among public institutions, effectiveness of public institutions, effectiveness of inspection, legal proceedings and inspection, legal proceedings and punishment will be raised, while punishment will be raised, while social awareness will be increased.social awareness will be increased.

The Council has given The Council has given 2 specific 2 specific rolesroles within the Strategy within the Strategy

The Strategy requires that The Strategy requires that Under the guidance of Under the guidance of Council of EthicsCouncil of Ethics

1. 1. Ethical codes for each Ethical codes for each profession within the profession within the public administration public administration will be developed by will be developed by forming study forming study groups/committees groups/committees with the relevant with the relevant stakeholders. stakeholders.

So far, ethical codes ofSo far, ethical codes of Personnel within the Personnel within the

health sectorhealth sector Personnel within the Personnel within the

education sectoreducation sector Personnel within the law Personnel within the law

enforcementenforcement

are being studiedare being studied

2. The Council of Ethics will lay out a 2. The Council of Ethics will lay out a roadmap and support relevant roadmap and support relevant institutions to determine a list of institutions to determine a list of ethical codes for the ethical codes for the elected elected officials within the local officials within the local governmentgovernment. .