上有政策 下有對策—考試院試辦考績強制丙等比率之深度報導

Abstract

考試院在99年4月將「公務人員考績法修正草案」送立法院審議，其中以「強制3%丙等」條款最受矚目；立法院初審後，將丙等比率調降為1%-3%，但未三讀通過。 考試院為修正考績法，曾於98年試辦強制1%丙等。本研究發現，試辦過程不盡合理且不透明，包括新調單位者被票選為丙等、表現優異者被推派為「丙等候選人」，以及拿丙等的員工一心認定是因為「得罪長官」。更矛盾的是，試辦拿時丙等考績的保訓會專員，竟在兩年內升為科長，顯示試辦已出現具體錯誤。 不透明的考績評核過程，加上嚴格的比率限制，產生上述荒謬現象。本文認為，考試院應以試辦經驗為借鏡，檢討強制丙等比率之必要性，並強化保障救濟機制。否則丙等條款一旦通過，將對新進人員、新調單位及職等較低的公務員產生衝擊，甚至造成「劣幣驅逐良幣」的效果。

In April 2010, the Examination Yuan passed the Draft Amendment of the Civil Service Performance Evaluation Act to the Legislative Yuan for examination. In the Draft, the part that attracted most attention was the “mandatory 3% Grade C” article; after initial examination in the Legislative Yuan the mandatory ratio was lowered to 1-3%, however, the Draft could not pass a third reading. This study found that the Examination Yuan implemented 1% mandatory Class C performance evaluation on a trial basis in 2009 and the process was unreasonable and not transparent, with people who transferred to a new unit voted as Class C or recommended as a “Class C candidate” and someone who was rated Class C believing he/she was a victim of a witch-hunt to stamp out dissent. Even more contradictory was that a specialist from the Civil Service Protection & Training Commission who received a Class C rating during the trial was promoted to section chief in September 2011, showing that the trial made some concrete mistakes. A performance evaluation process that lacks transparency, plus a strict ratio requirement produced the aforementioned ridiculous situation. The author of this study believes that the Examination Yuan should learn from the mistakes of its trial and review the necessity of having a mandatory requirement that 3% of performance evaluations result in a Class C rating being given, and also strengthen the protection and relief mechanism, otherwise, as soon as the Class C article is passed, newly recruited personnel, personnel transferred to a new unit and civil servants of relatively low rank will be impacted, and e the result might even be “bad money driving out the good.'