Prime Minister Benjamin Netanyahu officially appointed Roi Kachlon to the influential position of interim Civil Service Commissioner (CSC), contrary to a legal opinion by Attorney-General Gali Baharav Miara issued last week, which deemed Kachlon unqualified for the position.
According to the High Court of Justice, opinions by the attorney general legally bind the government. Netanyahu’s ignoring her opinion regarding Kachlon joins a growing list of other AG opinions that he or another government minister has ignored and is another example of the crisis between the government and the judicial system.
The issue of the CSC appointment has dragged on for months over disagreements between Baharav-Miara and Netanyahu over the procedure of the appointment. The Civil Service Commission is the official supervisor of the state’s tens of thousands of civil servants. It is an important gatekeeper with broad authority, which includes chairing an appointment committee for senior Civil Service positions.
The term of the previous commissioner, Daniel Hershkowitz, ended on December 13 after being extended for three months due to ongoing disagreements.
Kachlon served since 2023 as head of a directorate within the Prime Minister’s Office to fight crime in the Arab sector. Prior to that, Kachlon worked for approximately 14 years in the State Attorney’s Office, serving as head of its economic crime and corruption department, as the State Attorney’s Office’s head of discipline, and in other roles. Netanyahu introduced Kachlon last month as someone with significant managerial experience in the public sector.
In the AG’s legal opinion from December 30, Deputy Attorney General Gil Limon wrote that after checking Kachlon’s professional background, his experience was far from meeting the bar for the position of CSC, even if just temporary.
CSC Background
The CSC is directly in charge of 19 managers, out of which 16 are senior branch leaders, who employ approximately 350 workers. This does not include the tens of thousands of workers in the public sector who are the CSC’s responsibility. Limon added that Kachlon’s credentials, as presented by Netanyahu, were misleading.
Limon stressed that the CSC was an important gatekeeper in guaranteeing that the professional public service remains apolitical and that appointing someone unqualified, even for the interim position, would erode this guarantee. Baharav-Miara, who approved Limon’s opinion, wrote that it was, therefore, not legally viable.
In his response on Sunday to the AG’s opinion, Netanyahu pointed out that Kachlon had responded to clarification requests regarding his experience.
The Prime Minister also wrote that the position of interim CSC only required “consultation” with the AG and that he had fulfilled his duty to consult with the AG even if he did not accept her opinion.
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The spat over Kachlon came weeks after the prime minister and AG ended a separate dispute over the method by which to appoint a permanent CSC.
The law simply says that the government appoints the commissioner, but it does not specify the process.
The Netanyahu-led government decided in 2018 to appoint Hershkowitz via an ad-hoc vetting committee. It also decided that it would formulate a regular procedure ahead of the next CSC appointment.
The Attorney-General’s Office proposed in June that the process be competitive and involve an independent vetting committee that will ensure the candidates meet professional and ethical requirements.
In August, the government rejected the attorney-general’s proposal and decided that Netanyahu would choose the commissioner. The choice would then be ratified by the Senior Appointments Advisory Committee, which vets the integrity of candidates but does not examine their professional background.
However, Netanyahu backed down after a petition against him to the High Court of Justice and agreed to a compromise whereby the new permanent CSC will undergo the same process as Hershkowitz in 2018. It is unclear if Netanyahu intends to appoint Kachlon to the position of permanent CSC in three months.
National Unity MK Benny Gantz said in response to the appointment, “The civil service failed deeply after October 7th in handling evacuees, damaged infrastructure, and strengthening the citizens of the country during the most difficult time. Instead of appointing a strong, independent, and permanent commissioner, the Prime Minister decided to appoint an unqualified acting commissioner. This appointment should be called “Benjamin Netanyahu against the citizens of Israel.”
The Movement for Quality Government in Israel said, “This appointment was made in complete opposition to the professional position of the attorney general, ignoring significant shortfalls in the candidate’s qualifications. This is a direct continuation of the dangerous trend of weakening the public sector by making interim appointments in key positions, the purpose of which is to place people dependent on the political echelon in senior positions. The Movement calls on the prime minister to reverse its decision regarding this problematic appointment and act immediately to appoint a permanent commissioner with appropriate qualifications in a proper and transparent procedure, and will consider its legal steps in this matter.”
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