Executive Council Resolution No. (3) of 2023

Concerning Performance Appraisal of the

Councils/ Boards and Committees Affiliated to the

Government of Dubai and Payment of

Bonuses to their Members[1]

ـــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــ

We, Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai, Chairman of the Executive Council,

After perusal of:

Law No. (5) of 1995 Establishing the Department of Finance;

Law No. (3) of 2003 Establishing the Executive Council of the Emirate of Dubai;

Law No. (1) of 2016 Concerning the Financial Regulations of the Government of Dubai, and its Implementing Bylaw and its amendments;

Decree No. (1) of 2023 Concerning Governance of the Boards and Committees Affiliated to the Government of Dubai; and

Executive Council Resolution No. (2) of 2023 Determining the Councils/ Boards and Committees Governed by Decree No. (1) of 2023 Concerning Governance of the Councils/ Boards and Committees Affiliated to the Government of Dubai,

Do hereby issue this Resolution.

Definitions

Article (1)

The following words and expressions, wherever mentioned in this Resolution, will have the meaning indicated opposite each of them unless the context implies otherwise:

Emirate:

The Emirate of Dubai.

Government:

The Government of Dubai.

Competent Authority:

His Highness the Ruler of Dubai or the Chairman of the Executive Council.

Executive Council:

The Executive Council of the Emirate of Dubai.

General Secretariat:

The general secretariat of the Executive Council.

DOF:

The Department of Finance.

Government Entity:

Any of the Government departments, public agencies or corporations, Government councils, or other public entities affiliated to the Government.

Head of Government Entity:

This includes the director general, secretary general, or executive director/ chief executive officer of a Government Entity; or any other person holding a similar position.

Decree:

Decree No. (1) of 2023 Concerning Governance of the Councils/ Boards and Committees Affiliated to the Government of Dubai.

Council/ Board:

Any council or board that takes any of the forms prescribed by the Decree and that is established or formed by the Competent Authority in the Emirate or at a Government Entity, to perform the roles and functions assigned thereto under the Decree and other legislation in force in the Emirate.

Committee:

Any of the temporary or permanent committees that takes any of the forms prescribed by the Decree, and that is formed by the Competent Authority in the Emirate or at a Government Entity, to perform the roles and functions assigned thereto under the Decree and other legislation in force in the Emirate.

Chairman:

The chairman of a Council/ Board or Committee.

Member:

The member of a Council/ Board or Committee.

Rapporteur:

The rapporteur of a Council/ Board or Committee.

Terms of Reference:

A document that describes the internal working frameworks and processes of a Council/ Board or Committee and that is developed and approved in accordance with the provisions of the Decree.

Performance Appraisal:

The process through which the overall performance of a Council/ Board or Committee, and the individual performance of a Chairman or Member, are assessed against the objectives and duties assigned to them pursuant to the legislation establishing or regulating the Council/ Board or Committee and in accordance with the standards and principles stipulated in this Resolution.

Sub-committee:

A sub-committee formed by a Council/ Board or Committee to perform certain duties or activities assigned to that Council/ Board or Committee.

KPIs:

The key performance indicators adopted by the General Secretariat to measure the outcomes achieved by a Council/ Board or Committee, or by the Government Entity for which the Council/ Board or Committee is established or formed.

Annual Report:

An annual report on the outcomes of the KPIs; the number of convened meetings; the Chairmanís and Membersí meeting attendance and absence record; a summary of the achievements of the Council/ Board, Committee, or Sub-committee; the risks and challenges encountered; and the relevant measures taken.

Scope of Application

Article (2)

The provisions of this Resolution apply to the Councils/ Boards and Committees governed by the Decree.

Objectives of this Resolution

Article (3)

This Resolution aims to:

1.      ensure the achievement of the priorities of the Government and of the objectives for which a Council/ Board or Committee is established or formed;

2.     instil the practices and principles of good governance at the Councils/ Boards and Committees;

3.     promote the principles of accountability at the Councils/ Boards and Committees by achieving transparency in reporting performance outcomes and by ensuring compliance with the legislation in force in the Emirate;

4.     enhance the performance of the Councils/ Boards and Committees by identifying and assessing challenges and devising the appropriate solutions to address them; and

5.     ensure that the qualifications, experience, and competencies of Chairmen and Members match the functions of their Councils/ Boards or Committees with a view to supporting the work and the achievement of the objectives of these Councils/ Boards and Committees.

Scope of Performance Appraisal

Article (4)

The scope of the Performance Appraisal will be determined in accordance with the relevant standards and principles adopted by the General Secretariat. The Performance Appraisal will include:

1.      the overall Performance Appraisal of a Council/ Board or Committee;

2.     the individual Performance Appraisal of the Chairman;

3.     the individual Performance Appraisals of the Members; and

4.     the Performance Appraisal of the Sub-committees.

Functions of the General Secretariat

Article (5)

For the purposes of this Resolution, the General Secretariat will supervise the Performance Appraisal process. For this purpose, the General Secretariat will have the authority to:

1.      develop the criteria and rules for the Performance Appraisal;

2.     review and approve the KPIs;

3.     follow up the Performance Appraisal process and review the Annual Reports;

4.     submit to the Competent Authority reports on the performance of the Councils/ Boards and Committees; and

5.     exercise any other duties or powers related to the achievement of the objectives of this Resolution, as assigned to it by the Chairman of the Executive Council.

Overall Performance Appraisal Methodology

Article (6)

a.     The General Secretariat will establish the minimum standards for the overall Performance Appraisal by developing a questionnaire that includes open-ended and closed-ended questions, and qualitative and quantitative criteria.

b.     The overall Performance Appraisal will be conducted annually and will include the following procedures:

1.      The Rapporteur will distribute the approved questionnaires to the Chairman and Members to duly complete. Subsequently, the Rapporteur will collect, review, code, and analyse the data included in the completed questionnaires, and then submit the performance ratings and summary of the appraisal to the Chairman.

2.     The Chairman will present and discuss the performance ratings with the Members, and will agree with them on the goals and plans for enhancing the performance of the Council/ Board or Committee, and on the individual performance development plans for the Members.

Overall Performance Appraisal Ratings and Annual Reports

Article (7)

a.     Upon completion of the overall Performance Appraisal, a Council/ Board or Committee must submit the resulting performance ratings and the Annual Report to the General Secretariat before the end of January of the following year.

b.     The General Secretariat will review the performance ratings of the overall appraisal and the Annual Report; and submit the findings of this review to the Chairman of the Executive Council to give the relevant directives as he deems appropriate.

Overall Performance Appraisal

of Councils/ Boards and Committees

Article (8)

The overall Performance Appraisal process of a Council/ Board or Committee must cover the following:

1.      Main Functions of the Council/ Board or Committee: to assess the efficiency of the Council/ Board or Committee in achieving its key objectives and in performing its duties under the legislation establishing, or regulating the work of, this Council/ Board or Committee, or regulating the work of the Government Entity in which it is established or formed;

2.     Establishment or Formation of the Council/ Board or Committee: to assess whether Members have the optimal and appropriate skills, expertise, and qualifications and whether these are aligned with the objectives and duties of the Council/ Board or Committee;

3.     Terms of Reference of the Council/ Board or Committee: to assess the effectiveness of meetings and their procedures, agendas, records, and minutes; and the relationship between Members and their commitment to attending and actively participating in meetings.

4.     Continuing Development: to assess the measures taken by the Council/ Board or Committee to provide an orientation programme for appointed Members to familiarise them with their duties, ensuring their continuing development and the improvement of their performance.

Individual Performance Appraisals of Chairmen

Article (9)

The individual Performance Appraisal process of a Chairman must cover the following:

1.      Leadership and Guidance of the Council/ Board or Committee: to assess the efficiency of the Chairman in empowering, motivating, and guiding Members towards efficiently and effectively performing their duties and achieving their objectives.

2.     Terms of Reference of the Council/ Board or Committee: to assess the efficiency and effectiveness of the Chairman in managing meetings and ensuring that Members receive all the necessary documents and information in a timely manner, enabling them to perform their duties in the best manner possible.

3.     Promoting Teamwork: to assess the Chairman's competence in building a collaborative and efficient team that seeks the achievement of shared visions and objectives in a timely, flexible, and dynamic manner.

4.     Management of Work Relations: to assess the Chairman's competence in building constructive and effective relationships with all parties, including Members and the senior management of the Government Entity in which the Council/ Board or Committee is established or formed.

Individual Performance Appraisal of Members

Article (10)

The individual Performance Appraisal process of a Member must cover the following:

1.      Duties and Obligations: to assess the efficiency of the Member in:

a.     achieving the objectives of the Council/ Board or Committee by investing time and effort in performing his duties and functions;

b.     preparing for meetings by reviewing the agenda items in advance; and

c.     attending and actively participating in meetings, and expressing opinions and providing effective proposals and recommendations.

2.     Acquired Skills, Expertise, and Competencies: to assess the importance of acquired skills, expertise, and competencies in achieving of the objectives of the Council/ Board or Committee.

3.     Work Relations: to assess the level of collaboration between the Member and the Chairman, among the Members themselves, and between the Member and the senior management of the Government Entity.

Performance Appraisal of Sub-committees

Article (11)

The overall Performance Appraisal process of Councils/ Boards and Committees will apply to Sub-committees. Additionally, the individual Performance Appraisal process of Chairmen and Members will apply to the chairmen and members of Sub-committees.

Use of the Overall Performance Appraisal Ratings

Article (12)

A Council/ Board or Committee must use the overall Performance Appraisal ratings to develop collective or individual action plans aimed at improving performance by following these procedures:

1.      The Chairman will present to the Members a brief overview of the overall Performance Appraisal ratings of the Council/ Board or Committee, ensuring the confidentiality of the performance ratings of individual Members.

2.     Members will discuss the performance ratings in a dedicated workshop or during a Council/ Board or Committee meeting to:

a.     identify and evaluate the challenges faced by the Council/ Board or Committee, and devise the appropriate solutions thereto; and

b.     develop an action plan to improve performance and set the time frame for its implementation.

Key Performance Indicators

Article (13)

The KPIs of a Council/ Board or Committee will be established based on clear and specific annual targets aligned with the tenure of the Council/ Board or Committee. These indicators will be approved and the relevant outcomes will be monitored annually by the General Secretariat.

Bonuses of Members of Councils/ Boards and Committees

Article (14)

a.     The bonuses prescribed under this Resolution will be paid to the Chairmen, Members, and Rapporteurs of Councils/ Boards and Committees and may not be paid to the Chairmen, Members, and Rapporteurs of:

1.      the Councils/ Boards and Committees established or formed by free zone authorities;

2.     the temporary steering Committees;

3.     the temporary Councils/ Boards and Committees; and

4.     the Sub-committees.

b.     For the purpose of payment of the bonuses to the Chairmen, Members, and Rapporteurs of the Councils/ Boards and Committees, the following must be taken into account:

1.      Councils/ Boards and Committees will be classified based on their functions into:

a.     Councils/ Boards and Committees established or formed in the Emirate; and

b.     Councils/ Boards and Committees established or formed at Government Entities.

2.     The Councils/ Boards and Committees established or formed in the Emirate will be categorised, based on their role, into supervisory Councils/ Boards and Committees, and advisory and coordinating Councils/ Boards and Committees.

3.     The Councils/ Boards and Committees established or formed at Government Entities will be categorised into three (3) categories as set out in the Schedule attached to this Resolution, based on the annual budget allocated by the DOF to the Government Entity.

4.     The Performance Appraisal of the Councils/ Boards and Committees will be conducted based on the KPIs stipulated in this Resolution and developed in line with the Performance Appraisal criteria. These KPIs are divided into four (4) performance rating scales based on the number of points achieved by each Council/ Board or Committee.

c.     Annual bonuses will be paid to the Chairmen, Members, and Rapporteurs of the Councils/ Boards and Committees. The amount of a bonus will be calculated by multiplying the values set out in the Schedule attached hereto by the number of annual meetings attended by a Chairman, Member, or Rapporteur.

d.     Bonuses will be paid for each actual session held by a Council/ Board or Committee in a year and attended by the Chairman, Member, or Rapporteur, with a maximum of eight (8) sessions per year.

e.     A Head of Government Entity, who is a Member of a Council/ Board or Committee established or formed at his Government Entity, will not be entitled to the bonus stipulated in this Article in return for this membership.

f.      The bonus stipulated in this Article will be paid to a Chairman, Member, or Rapporteur for his service on up to four (4) Councils/ Boards or Committees. Where a Chairman, Member, or Rapporteur serves on more than four (4) Councils/ Boards and/or Committees, he will be paid the highest bonus to which he is entitled, as per the category of that Council/ Board or Committee.

g.     Upon completing the annual Performance Appraisal and the approval of the Chairman of the Executive Council, the bonus stipulated by this Article will be paid in the manner adopted by the DOF in this respect.

Repeals

Article (15)

Any provision in any other resolution will be repealed to the extent that it contradicts this Resolution.

Publication and Commencement

Article (16)

This Resolution will be published in the Official Gazette and will come into force on the day on which it is published.

Hamdan bin Mohammed bin Rashid Al Maktoum

Crown Prince of Dubai

Chairman of the Executive Council

Issued in Dubai on 16 February 2023

Corresponding to 25 Rajab 1444 A.H.


 

Schedule

Bonuses of Chairmen, Members, and Rapporteurs of Councils/ Boards and Committees

 

Councils/ Boards Established at Government Entities

Category (1) Annual Budget

More than AED 600,000,000.00

Category (2) Annual Budget

More than AED 100,000,000.00 and up to AED 600,000,000.00

Category (3) Annual Budget

Less than AED 100,000,000.00

Total Points

Performance Rating Scale (Accrued Points)

Bonus (in dirhams)

Bonus (in dirhams)

Bonus (in dirhams)

Chairman

Member

Rapporteur

Chairman

Member

Rapporteur

Chairman

Member

Rapporteur

16 - 20

A

12,000.00

10,000.00

3,000.00

10,000.00

8,000.00

2,500.00

8,000.00

6,000.00

2,000.00

11 - 15

B

10,000.00

8,000.00

2,500.00

8,000.00

6,000.00

2,000.00

6,000.00

4,000.00

1,500.00

6 - 10

C

8,000.00

6,000.00

2,000.00

6,000.00

4,000.00

1,5 00.00

4,000.00

3,000.00

1,000.00

1 - 5

D

6,000.00

4,000.00

1,500.00

4,000.00

3,000.00

1,000.00

3,000.00

2,000.00

750.00

 

Councils/ Bords and Committees Established or Formed in the Emirate or at the Sectoral Level

(1) Supervisory Role

(2) Advisory or Coordinating Role

Total Points

Performance Rating Scale (Accrued Points)

Bonus (in dirhams)

Bonus (in dirhams)

Chairman

Member

Rapporteur

Chairman

Member

Rapporteur

16 - 20

A

12,000.00

10,000.00

3,000.00

10,000.00

8,000.00

2,500.00

11 - 15

B

10,000.00

8,000.00

2,500.00

8,000.00

6,000.00

2,000.00

6 - 10

C

8,000.00

6,000.00

2,000.00

6,000.00

4,000.00

1,500.00

1 - 5

D

6,000.00

4,000.00

1,500.00

4,000.00

3,000.00

1,000.00

 

 



©2023 The Supreme Legislation Committee in the Emirate of Dubai

[1]Every effort has been made to produce an accurate and complete English version of this legislation. However, for the purpose of its interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text will prevail.