The Effect of Favoritism on the Discretionary Power of Administration in Selecting and Appointing Public Servants: A Case Study of Jordanian Government Administration

[a] Faculty of Planning and Management at Al-Balqa` Applied University， Jordan.

*Corresponding author.

Received 16 March 2013； accepted 17 May 2013

Abstract

The Study aims at Investigating the Prevalence of Favoritism in Jordanian Governmental Institutions， Particularly Where discretionary power in selecting and appointing public servants are concerned it also investigates the quality of these appointed officials as viewed by the sample study. The study included a random sample of （235） subjects from 5 institutions. The study was analyzed using “spss” and the results indicated the following outcomes： favoritism is a prevalent phenomenon and is greatly affected by personal factors. Discretionary power and favoritism exhibited a statically significant co-relation where selection and appointment of officials are concerned furthermore an administration enjoys wide discretionary power， and the subjects of the study believe that those appointed through favoritism are. Less qualified that the other employees. In addition Favoritism affects the efficiency of the governmental institutions.

The researcher recommends that favoritism as a phenomenon should be further investigated s and that its user， reason， directions and effects be researched as well .The researcher also recommends that legislation governing public office be regulated in a manner that would control the use of discretionary power by the administration and that on independent apparatus be established to oversee that this phenomenon is eradicated by law.

Key words： Favoritism； Discretionary power； Selection and appointment； Public servant； Jordanian governmental organizations

INTRODUCTION The incorporeal people express their will by the human element， which is running its functions， which occupies the minds of thinkers still because it is entrusted with the public interest （Tmawi， 1982）.

This case and under different business， complexity and capabilities necessary for its performance， variation in the capacity of individuals and individual differences， calls it necessarily achieve consensus between the requirements of a particular job and the capabilities and specifications of a particular individual or achieve the principle of putting the right person in the right place （Tmawi， 1982）. This process is called the selection or appointment process or personnel selection， and the selection process a composite structural organization if organization lost its essence and purpose.

The most important organizational aspects of the selection process or the appointment determine the competent authority appointed， and responding to the exercise of this function of restrictions or limitations and granted freedom or authority disproportionately any discretion to occupancy of jobs commensurate with their duties and responsibilities and requirements to members of their abilities and qualities that enable them to carry out job.

During the exercise of the power of appointment by the administration show a variety of factors play a role in determining how to use the discretionary power of management at the time of appointment The most important of these factors factor favoritism or the phenomenon of nepotism prevailing， and of interest and concern to each individual or entity in the community， and says （Batarseh， 1997： 151） adds （Sakkijha Kilani， 2002： 9） If there is a culture in the community should not overlook them a culture medium which is commonplace and sometimes benign and urges to use the pretext of achieving justice， and in return is a lot of researchers and them （Alsakarnah， 2011； Muasher， 2008） that the favoritism is one of the aspects of administrative corruption， which necessarily leads to financial corruption.

1. PROBLEM OF THE STUDY The change management became in the third millennium is a prerequisite to overcome the weakness of management effectiveness and low levels of public service， as researchers believe that the causes of corruption in response administrative leaders and public officials to favoritism at the expense of compliance requirements of the legislation governing organizations and administrative facilities and work and expressed it （Sakkijha Kilani， 2002） by assuming that favoritism subculture in society.

The size of the phenomenon of favoritism is great until it became a way of life and nepotism is not dependent on a particular field， such as the necessary public services or facilitate administrative procedures， but rather a tool head to enter wire public office， which justifies the phenomenon of slack management and low productivity and increased spending for state expenditure management， especially item wages and salaries， where you pay the state nearly two-thirds of the budget， salaries and wages distributed nearly half a million people get paid from the state， in addition to a lot of negative consequences on the level of civilization of the Jordanian society （Sarayreh Tarawneh， 1998）， it encourage the need to study the impact of favoritism on the use of the discretionary power of management in the field of selection and appointment of a public official， and given the importance of the selection process objectivity at the level of public administration and administrative work year， and the employee the same year （Judah， 1982） and the consequent reported the results at the level of the effectiveness of non-governmental organizations that are supposed to lead the community towards progress and change， and in light of the increasing number of applicants employment of university diploma carried average undergraduate to the Civil Service Bureau， where they reach in 2010 （218.884） applications. （Report of the Civil Service Bureau Annual， 2010）.

This study comes to identify the phenomena of favoritism and discretion in the selection of public employee Jordanian government institutions. And that based on the experimental study conducted by researcher on a sample of （36） individual.

2. OBJECTIVES OF THE STUDY

The main objective of the research is achieving the following objectives：

（1） Define the concept of the favoritism as a whole and to identify variable-scale widespread of this concept in the management of Jordan specifically in the area of filling public office.

（2） Statement of the concept and scope of the discretionary power of management in the field of selection and appointment in Jordan’s career system and its proportionality with the idea of having a sound selection policy and detection legislative gaps.

（3） Statement of the impact of favoritism in public occupancy.

（4） Provide scientific study of scientific specialists and decision-makers interested in the Jordanian government administration.

（5） Analysis of the relationship between the independent variable favoritism overall process among the use of discretionary power by the relevant authorities of the process of selection and appointment of the public employee as the dependent variable.

（6） Statement of the impact of the favoritism as a variable overall on the use of the discretionary power of the Specialty authority in the process of selection and appointment of public employee with its various dimensions as the dependent variable in addition to the efficiency of the employees who were hired on the basis of nepotism from the point of view of other employees.

（7） Find out the impact of human variables（personal or individual） on each of nepotism and management’s use of discretion in the selection and appointment of the public employee.

3. IMPORTANCE OF THE STUDY

This study is the first in this topic， according to researcher information at the local （Jordanian） and the Arab world， where the studies always refers focusing only on the favoritism one manifestation of or the reasons for administrative corruption， or one of the causes of sagging administrative， what written about the favoritism is few surveys and articles reflect the views of individual not subject to any standards of scientific study and measurement， so it the importance this study from a scientific academy being analyzed the correlation between the variables of the study， and the effect of the independent variable and the dependent variable， reaching the outputs of the recruitment process in terms of estimating the efficiency recruited on the basis of favoritism from the perspective of their peers from the staff. The importance of the study practically is applying the results in the Jordanian government administration for the first time， the study aspiring to reach some useful results for those involved in decision-making and policy formulation on the selection and appointment in government jobs.

4. HYPOTHESES OF THE STUDY

Based on the problem of the study and its objectives and consistent with objective to study border the researcher aimed to test the following hypotheses：

（1） The first main hypothesis （H1）： There is a statistical significant correlation with between the favoritism discretionary power in the selection and appointment of public employee at the level of significance （0.05 ≤ p） in the Jordanian government institutions.

（2） The second main hypothesis （H2）： There is a statistically significant effect of the personal characteristics in the favoritism at （0.05 ≤ p） in the Jordanian government institutions.

（3） The third main hypothesis （H3）： There is a statistically significant effects of the personal characteristics at the discretion of the field of selection and appointment at the level of significance （0.05 ≤ p） in government institutions.

（4） The fourth main hypothesis （H4）： There is a statistically significant effects of favoritism at the discretion of the field of selection and appointment at the level of （0.05 ≤ p） in the Jordanian government institutions.

（5） The fifth main premise （H5）： There is a statistically significant effects of accounting discretionary power in the field of selection and appointment in the recruitment level of efficiency at the level of （0.05 ≤ p） in the Jordanian government institutions.

5. THE STUDY METHODOLOGY AND TOOL

The researcher depend on the on the descriptive analytical approach， as one of the Research Methodology adopted in the behavioral and social sciences， and will examine the sources and references relevant variables of the study， a questionnaire was designed to identify （scale） according to the dimensions included the first： the phenomenon of favoritism， and the second： discretion， and Table 1 shows the questionnaire components and variables.

The questionnaire presented to the number of referees and some members of the surveyed respondents to express their views on the accuracy and clarity of paragraphs， in the light of the observations many emendation have been made， delete or add to several paragraphs. The questionnaire subjected to statistical tests to ensure the reliability. Table 2 shows the reliability of the variable.

The statistical indicators show a high degree the reliability and validity of the variables and paragraphs amended more than increase before the amendment is an indication of the sincerity and validity of the questionnaire.

6. POPULATION AND THE STUDY SAMPLE

The expansion in the establishment of administrative structures that derive its moral public from personal moral and state public bodies and institutions with moral personality public （financial and administrative independence） propel the researcher to choose the society for the study of society overall - which is more than （90） Ministry and the and institutions and the University-，（5） organizations of in aggregate differ in terms of their size and the nature of their work and denominations and levels in the management structure Jordanian government included the study sample （329） Single stratified random valid for analysis which is comprising （13.96%） of the number of employees in these organizations and thus in its various forms as a community study reflect the overall community so that they can rely a the results to be reached and circulated to the Jordanian government administration， as shown in the following Table.

The Standard Error （SE） for the sample calculated percentage is ± 5%， for the cases that is suitable for the analysis （51）， N the sample size， and the significant is （95%）.

7. STATISTICAL TREATMENT AND DATA ANALYSES

For the purpose of the study and model test hypotheses， the following statistical methods have been selected：

（1） The Mathematical Mean （Arithmetic Mean）： To determine the level of response of the sample of the study variables.

（2） The Standard Deviation （Standard Deviation）： To measure the degree of variation of responses and computational mean.

（3） The Correlation Coefficient （Spearman）， and Regression ： To measure and determine the type and effect relations between the variables of the study.

8. THEORETICAL LITERATURE AND PREVIOUS STUDIES The theoretical literature and previous studies will handle the three main topics： Favoritism， the Discretionary Power， Discretion in the selection and appointment policy in Jordanian legislation currently in force； Critical analysis from the perspective of the researcher.

Sakkijha and Kilani （2002） define the favoritism as the adding a third party has the power to influence the other， many of the academic and researcher have many definition for the favoritism depending on the view that they look， it is process of mediating between the candidate for appointment and management to help him get a job. Thus， for the rest of the processes that belongs to the career path （Batarseh， 1997）. In present international use the favoritism is synonymy to corruption it is define is as， “the misuse of entrusted power for private gain” （UNDP， 2008） this definition acknowledges that “corruption” cannot be prevented as a single actions or offence. Instead it is more a suitable term for many types or even syndromes （Gorta， 1998）. According to Svensson （2005） favoritism captures， corruption the sale of public belongings by government officials， kickbacks in public procurement， and stealing of government funds. Thus favoritism retards economic expansion and erodes growth projection of a country.

World Bank defined favoritism as the mistreatment of public power for private benefit （Biru， 2010）. Stephen（2010） defined favoritism， as “the abuse of public power for private benefit， is a pervasive and universal phenomenon， and affects almost every culture to differing degrees”. Favoritism has also been distinct as the utilize of public authority for personal gain that consequences in the inappropriate delivery of legal services and legal defense for people.

Intervene on behalf of an individual or group without the obligation assets and competence necessary work such as the appointment the particular person or office for reasons of kinship or party definitions on the despite being incompetent or receivable （Sakkijha， 2011）， all the definitions are agreed on the following：

（1） As a concept is linked the culture and social structure in the Jordanian society.

（2） That favoritism concept is the a negative connotation.

（3） That favoritism have the impact a the conduct of management.

（4） There the three parties to favoritism are the owner the need or goal， and the broker， and his decision， and each one of these parties or target interest.

The researcher explain the favoritism concept in conjunction with The concept is linked the prevailing social culture leads to the intervention of an individual or group for the benefit of the person or group with the administration having jurisdiction， to achieve the particular goal cannot be obtained through official. “This definition includes the following elements：

A） Favoritism concept is based on the social dimensions.

B） Favoritism process with three parties each particular target.

C） The favoritism is outside the scope of formal ways.

D） The favoritism effect on the process the administration’s decision somehow.

E） Favoritism vilified in the original concept the whatever the justifications.

8.1 Favoritism Types

Sakkijha and Kilani （2002） distinguish between the tribalism and the institutional concept for the favoritism， the classification is determined according to the foundation or cultural system， which is given to the concept of favoritism.

8.1.1 The Benign Favoritism

Favoritism derived benign basis from building the mind of tribal prevailing， which is likely requirements of the system’s tribal determine trends in behavioral， which stems from the idea that nepotism something acceptable and necessary， as is the duty of the influential - which may be a good reason， or an old man， or bourgeois， or in charge of the state. Concerning the affairs of his group loyal to him without invoked the rights of others. This is the social role expected of it imposes upon as such behavior， but it has prestige and influence to have toppled reconciliation. It reviews that tell the existence of favoritism benign sense and give them legitimacy and status lead to results， we find them： lifting the injustice oppressed， or restitution to the owner， or an easing of the burden of non-beneficiary can or weak， or set the impoverished （Sakkijha Kilani， 2002）.

8.1.2 The Nonbeing Favoritism

It is a negative a social phenomenon disease or pest affecting administration in the field of employment or require services and constitute an attack from some nonowed on others owed， outside the scope of the institutional and the principle of legality and of these. Although they acknowledged in certain cases favoritism benign if they lead to injustice for the oppressed or restitution to the owner or relief others unable or weak or employ destitute financially under adverse environmental variables justify the existence of favoritism， such as：

- The inability of the justice system response injustice for the oppressed.

- The inability of some individuals to require some essential services such as education， treatment， etc.

- The prevalence of the phenomena of corruption and administrative sagging and low levels of performance. Designation is justified the basis of favoritism or accelerator in the conduct of administrative transactions through favoritism.

- Irrelevance of the general principles of the continent in the collective conscience of humanitarian equality in principal and justice in the near alone （Sakkijha Kilani， 2002）.

Nepotism and favoritism in government appointments on the basis of kinship， or political loyalty， or strengthen the influence profile officials， at the expense of the principles of efficiency， equality and equal opportunities， a form of corruption， which follows by results of expensive on various aspects of life political， economic and social rights， such as increasing the cost of government services and low productivity and quality.

The researcher notes the those who considered the favoritism a the disease they are justified favoritism in certain cases and these cases It is difficult to prove only exception scientific study of the environment and not claim individual opinions and statements. Which with him cannot deny the prevalence of favoritism in dealing with management and employment despite the different perception of the favoritism as a phenomenon was positive or negative.

Muasher （2008） believes that favoritism gives the right to non-target groups at the expense of others， and government officials are subjected to pressure by the family， the clan， the sons of the geographical area per colleagues and friends to make decisions according to their interests， including the hiring of relatives or sons of the region， resulting in negative effects， feeling injustice and oppression of some who omitted their right to the benefit of others， leading to widespread financial and administrative corruption.

Muasher （2008） suggested to prevent the negative consequences of favoritism， apply a clear system of accountability， so that punished mediates and succumb to the mode of， and develop a classification of jobs and ways to choose the employee， promoted and held accountable.

9. THE DISCRETION OF THE MANAGEMENT

Management in government organizations have a set of privileges are is familiar in business organizations empowered by her common law is unmatched in private law， and is considered criterion crucial to distinguish public organizations from business organizations to be able to complete its tasks and raise its capacity to adapt to the environment， and to achieve efficiency required， and the most important these privileges， franchise discretionary power or discretion.

9.1 The Concept of Discretion

The legislation governing the management cannot be tribunal detail， the impossibility of developing legislation to address the various issues of the day and different in conditions and circumstances in a changing environment， as well as management’s ability to exercise their various activities. This fact requires administrative legislation taking into account the nature of the aspects that leaves the degree of management freedom towards them and what aspects that call for restricting this freedom， in the first case is called discretionary power in the second case called restricted authority. It is intended discretion “It’s a liberty that is given to management under the legislation in some areas to act and make decisions or refrain curse”. In other words， the legislation does not impose on the administration in advance a certain approach of behavior cannot violating （Ren， 1990）.

The Lebanese Council of State define the discretion of the management as “the means by which allows management to take measures absolutely free from all legal restriction”. The Sudanese judiciary did not come definition to the discretion of management， but mentioned in more than one location in its provisions， and sometimes he was referring her term power permitted， some of the researcher pointed out that there are some franchises are traveling by management service for the benefit of General， and examples of the employee to stop working， stop his salary in whole or in part. The bureaucratic discretion may guide to randomness， inconsistency， randomness and decisions based on officials’ personal predilections have been commonplace ever since the displacement of the Weberian bureaucrat as the replica of bureaucratic behavior. Also， the call has usually been to boundary and confines that discretion. The assumptions have been， as Davis argues， that discretion can be‘managed’， it can be restricted， aimed at， inadequate， prearranged， and that the way to do that is through rules. Discretion， Davis famously argued， can be ‘structured’and ‘confined’ through regulations， and can be ‘checked’through mechanism of accountability （Davis， 1969）.

The doctrine of administrative Egyptian agreed that the discretionary power is： “the scope of the freedom granted to management to achieve its objectives” based so faded business idea estimated that prevailed in France， and drew a distinction between discretion and authority restrictive means： “to identify some of the situation is getting management on the basis of an investigation the objectives” （Tmawi， 1982： 571-573）. recognized as the Egyptian judiciary administration freely intervention or omission or a specific range of freedom， or do some practices which are based on discretion， and therefore not exposed to the administrative judiciary Egyptian management’s estimate as a principle， unless substantive or lacked the necessary elements for performing， any judicial review under the conditions that are in the exercise of discretion

As for the jurisprudence and the elimination of Jordanians as well as legislator observed absence of a definition or a specific concept to the discretion they have - according to informed researcher - except that there is recognition of its existence which he can say that discretion is： “The right granted to the management of certain conduct or omission in the work of the principles of legitimacy and objectivity.“One example is that you can remember the discretion： management’s right to choose anyone from among the successful exam or interview， or candidates from before the Civil Service Commission without restriction rank among the successful candidate.

9.2 Justifications Discretion

The principles of organization requires granting management the field of freedom to be able to engage in various activities in order to achieve the desired goals which could justify this freedom or discretion， including the following：

A - The legislature’s inability to predict in all cases and issues faced by the management， determine the behavior to be in advance， and the decisions that must be taken. And whether it is restricted to the jurisdiction of the administration.

B - The ability of the management by the discretionary power to face the reality， and adapt their behavior and decisions， according to varying conditions and circumstances.

C - Discretion contributes to the development of the spirit of creativity and innovation management personnel on a different level grades in the career ladder （Shiha， 1980： 490）.

D - You can get management of human and material resources （inputs）， according to mobility and the development of the market， particularly the labor market. Or in other words the ability to adapt to the environment to meet their needs.

E - That discretion does not mean arbitrariness， or deviation in the use of power， especially over the freedoms of individuals and legal positions， because they are subject to judicial review if misused power. Where the quality of the authority granted to the Department in the field of freedoms of individuals and their positions are restricted authority.

On the foregoing that the discretionary power of a real necessity for management， where should the amount of freedom to manage even under the authority restricted to complete its work， which is based on the reality of the administrative judge is not permissible to launch freedom of management， or wasted in absolute as there is no absolute discretion not constrained absolute authority and， therefore， that the discretion exercised under principles ligament and objectivity and their scope varies from administrative work to another.

9.3 The Results of Recognizing the Management Discretion

Consequent recognition of management discretion multiple results are：

A - The extent of judicial review of the actions of administrative management control where sword hanging over the legitimacy of management actions resulting from unrestricted power， which is the monotony jurisdiction in certain areas for the work of the Department if they have discretionary authority.

B - The inability of individuals to compel certain Leaders actions are based on discretion， but to respond to their requests according to the discretion of the reasons for the public interest only

C - Enables the discretion of the stability of administrative decisions defective lapse of a certain period which in most systems， administrative and judicial （60 days） but if the administrative decision is based on the authority of restrictive and flawed， it is permissible for her to withdraw the decision or return the curse without comply duration of time （Tmawi， 1982： 566-568， 581 and 582）.

D - Organizations can with the discretionary power to maximize production and achieve efficiency， according to their ability to move quickly to exploit opportunities.

E - Ability to manage through appropriate discretion to achieve a high degree of decisions and actions and situations faced in the disparate activities.

9.4 The Discretion of the Management in the Selection and Appointment Policy in Jordanian Legislation

Jordanian Constitution and the legislative organized the function of between the authorities essential to the state and grants the right to legislate in the area of selection and appointment of the executive power （Article 120 of the Constitution） is taking jobs constitutional right Thoroughbred held for the citizens of the state of Jordan and protects （Articles 22-23 of the Constitution） with the possibility of the use of foreign certain conditions （Article 63of the system）.

Jordanian Constitution and the legislative stressed the principle of equality and non-discrimination between Jordanians on grounds of race， religion or language and to ensure the right to work within the limits of the possibility of the state and equal opportunities （Article 6 of the Constitution）.

And remained exercise executive authority the right to legislate in the area of civil service since the issuance of the Jordanian Constitution in 1952 and until the last amendments to it in 2012， where he focused the civil service system No. 30 of 2007， as amended， currently in force on a number of principles and values are： nondiscrimination between Jordanians on the basis of sex， race or religion or social status， and equal opportunity， justice and merit and competitiveness in occupancy of jobs and transparency and accountability （articles 4 and 4/ a of the system）.

9.5 Recruiting and Advertizing The employment applications are directly applied to the department if the applicant of the occupants of the third category， or an all-inclusive contract bonuses level of this group and to the Civil Service Bureau if the applicant from the first and second categories （Article 3 of the instructions）.

This is the recruiting of occupancy functions first and second categories of statements competitiveness for asylum appointment made by the Civil Service Bureau and the absence of candidates for occupancy in addition to the functions that need to be special specifications according to the job description or functions contracts across all bonuses resort circle to the announcement in a daily newspaper at least one in the one-day official working hours （Articles 10 and 60 of the system and Articles 7 and 29 of the instructions） in preparation for competitive examinations or interviews to be conducted by the department in addition to the tests that have been carried out by the Court in all cases the department complete the procedures for the appointment of those preselected by the department （Article 13 of the instructions）.

The researcher notes on this organization that advertising is not effective， where the legislator did not specify the extent of the daily newspaper， and the nature of the data contained in the declaration and its size. Any left for discretionary management and large-scale organization of this declaration to impose its commitment to non-governmental organizations opposed to the operative practice observed.

9.6 The Conditions to be Met in a Candidate for Appointment

The legislator define several general requirements for appointed， namely： nationality and minimum age and health fitness with the possibility of hiring people with disabilities who do not prevent them of their disabilities perform tasks function， and fitness moral any lack of judgment segmental right candidate and conviction of a misdemeanor or felony involving moral turpitude， honesty and ethics and morals （Article 43of the system）.

The legislator define in the same article the need for employee conditions and other requirements for the job and that occupancy set by the department， according to the job description.

The researcher finds with regard to the general conditions are conditions of global and justified， and the unleashing of the department in determining the other terms and conditions at any stage of the polarization and recruitment including the requirement to pass interviews or tests superiority of the candidate’s peers candidates opens the door for considerations of non-objective favoritism to put the requirement available in the candidate without jealousy of the candidates for regaining function in addition to the report fit state of health with the functions of the job and hopes researcher on the legislator to announce the special conditions in advance of the nomination for the job and conducted interviews and tests by an independent non-relevant department and commits the department in order competitive final candidates.

9.7 Rank the Candidates and Recruitment Methods The applicants recruitment are arranged to the Civil Service Bureau to receive jobs first and second categories in preparation for competitive examinations by the Court according to the following principles： appreciation or amended certificate of scientific and seniority in the year of graduation or in the submission of the application（Article 11 of the instructions） and previous experience， whether in the government the private sector up to a maximum of five years if experience in the private sector. These experiences were consistent with the job description（Article 48 of the system）.

The researcher noted that the administration is working its discretion influenced by non-objective considerations favoritism for example， when the calculation of past experiences， especially when assessing the compatibility of these experiences with the job description. As legislation authorized to Prime Minister set a comprehensive employee under contract for all bonuses in any department without obligation.

As for the methods of appointment ruler in Jordan’s career system are as follows：

A - Top Jobs （Direct Appointment Method）：

The top tier is divided into two groups first， second and takes the appointment decision by the Council of Ministers in conjunction with the royal will. The placement for the first group are by the Prime Minister， and in the second group are by the competent minister， and this also applies to the occupants of these functions contracts inclusive of all allowances， even in special cases and justified the case of a salary in excess of the salary limit for such a category（Article 45 of the system）. It also gave the legislature the right to the Prime Minister set the employee under a contract of an all-inclusive bonuses in any department without committing any of the provisions governing such as： the announcement of the job， the placement of the relevant committee so， provide the Court with the reality of these functions in each department， and the competence of the Minister in coordination appointment in functions in the directory （Article 60 of the system）. This regulation often does not take into account the principles of the continent in the collective conscience of humanity and functional systems and become the medium of criteria that took on the basis of function.

B - The Appointment of the Staff of the First and Second Categories：

Appointed incumbent of these functions by the Minister upon the recommendation of the President of the Civil Service Bureau （Article 55 of the system） on the basis of the detection competitive， which is based on the average in the high school diploma， appreciation in degree， seniority in graduation and seniority to apply employment， previous experience and results competitive examinations conducted by the Court （Article 11 of the Statute） and takes the order based on where I am as follows： areas for desert， Loa， the county for the Ministry of Education， and the rest of the ministries at the county level （Article 12 of the instructions）， place of residence is the determining factor when submitting the application where it is nomination （6） Persons for the purposes of competitive examinations may be more filtration to fill jobs after that three people for each vacancy on the basis of the highest points of the candidates in the exam and declare circle the names of the persons nominated for the purpose of the interview or exam in the local newspaper daily and at least one， and the Department’s website at for a week receipt of the lists of candidates for interview or appointment （Article 13 of the instructions）.

The researcher observed that the management discretion in the interview process or not， and they also hold competitive examinations in addition to interviews and this purely discretionary power to them. Which makes various considerations and which ones nepotism affect the method of differentiation between the candidates and the outcome. It also may be what he called the Jordanian legislator liming， which is intended to （the possibility of filtration area other than the place that made him a candidate on the basis of place of residence in the absence of specialization required in the lists of candidates or statements of reservists to fill the post or in cases of force majeure determined by the head of the Civil Service Bureau articles （4 / c and 8 of the instructions）.

In addition， the researcher observed that the administration has resorted to liming in many cases， these compelling excuse （the absence of a candidate for the job occupancy） under the pressure of societal and personal variables and which ones nepotism to fill vacancies in the central departments and branches in all administrative divisions. The process of giving priority in filling permanent jobs listed in the table of formations in any department recruited staff where contracts on the basis of seniority in the contract and the mark and the appreciation in the annual report for the last year and qualified carried by the employee and the average in academic qualification（Article 9 of the instructions）. That the adoption of such a way that gives the administration the possibility of resorting to hiring and integration in wire permanent jobs which leads to a waste of principles； equality， equal opportunity， efficiency and merit， and comply administration often to the pressures of community and terminological to fill permanent jobs through the use of its discretion in determine employee efficiency through the annual report and the appreciation of the relationship contained in it.

C - The Appointment and Functions of the Third Category （Direct Method of Appointment）： Held jurisdiction to the circuit for occupancy functions in this category， where the coordination with the Civil Service Bureau to announce these jobs in the local newspaper daily and at least one， specifying certain conditions occupancy that is not advertised on an official holiday in the same style declaration alleged meet the conditions occupancy jobs for examinations or personal interviews （Article 17 of the instructions）， and to differentiate between applicants take into account the following principles： distributed on the ladder than a hundred points， level of education， vocational training or literal， training courses， practical experiences， competitive examinations or interviews （Article 19 of the instructions）.

As is the case with the functions of the first and second categories circuit determines the method to measure both capacity exam （40 points） or interview （10 points） and / or or both. Sufficiency and if either of them to his credit （50 points）， and this administration can use this flexibility to non-specified purposes and which is often the mode of port.

D - Appointment in the Reserved Jobs （As an Exception to the Principle of Equality）：

Admitted Jordanian legislator reserve of 10% of the total job vacancies in government departments， humanitarian cases， namely： one children of poor families that charge aid monthly from the National Aid Fund， or people with disabilities （Article 3/4 law the rights of persons with disabilities）， or people with special needs based on a medical report issued by the Medical Committee in the province， or one of family members that have four graduate level diploma average or higher， and the unemployed， and special cases urgent and destitution severe forwarded by the President of the Civil Service Commission in favor of the documents to the Council of Ministers of 1% of the ratio is 10% .

The competition is on the basis of geographical and run by the council of the circle only for the personal interview that takes the weight （30 points）， and in case of equality between the candidates taken appreciation in the qualification and seniority graduation as weighting agents（Article 28 of the instructions）. Favoritism may be the entrance to get some of the documents to be considered as student recruitment from within the humanitarian cases， management may help in focusing on some of the considerations or standards or ignored.

E - Appointment of Members of the Family of the Martyr or Equivalents （As an Exception to the Principle of Equality）：

That this category of candidates are not subject to the instructions of the test and assignment in all cases be given priority in recruitment （Article 30 of the instructions）.

In addition to the above， gave the administration for itself the right to appoint some candidates in a vacant higher or lower degree of functionality that deserves individual until the vacancy function deserve or gradient（create） has a function in the table of formations jobs and receive a salary and incentives parallel to the degree to which occupied and not to the extent that In all cases deserve calculate his seniority （Article 56 of the system）. That such regulation might be acceptable thirty years ago in the absence provided human resources， but after that there is no undue only release by the administration to set some salary up or create jobs for certain persons without any objective justification or practical and often nepotism one forms considerations relied upon by the administration to resort to such a method employment.

10. PREVIOUS STUDIES

（1） Muasher， 2008： This book contains several writings of the author stretched in the period between 1998 to 2008 dubbed issues and visions of reform which he addressed economic and social issues， democratization， and administrative problems， as well as a vision for the youth， and the press， introduced in Chapter III for several problems， administrative， related to the device government and the weakness of its performance and efficiency， and offer his thoughts on the developed and the problems addressed by the pressures of various management and which ones nepotism where he presented proposals to study this disease social management such as the development of legislation and commitment to implement effective system of accountability.

（2） Alsakarnah， 2001： This book offers the concept of administrative corruption， types， forms or manifestations， and government agencies， and its effects on development， administrative reform and strengthen the organizational commitment and work ethic. And addressed within this book in citizen different definition of the phenomenon of favoritism as pictures financial and administrative corruption and the consequent him where he presented proposals focused on re-structure of the mind social about the concepts and behavioral patterns of individuals and groups through reconsider the legislation in force， and democracy， and promote the values of individuals positive work ethic， and transparency and accountability.

（3） The survey Center for Strategic Studies at the University of Jordan， 2006： Take this sample survey consisting of two layers： a slice of ordinary employees， and other opinion leaders （politicians， journalists， statesmen， private sector） in order to know the extent of the types of corruption as defined in poll namely： “bribery， embezzlement， fraud， extortion， cronyism， nepotism of position career” and see how social acceptance of certain types of corruption. With regard to the proxy shows that （7.64%） of the employees acknowledge the existence of corruption in the public sector， and that nepotism and favoritism more manifestations of corruption prevalent in the government sector by （7.26%） of the respondents， and in terms of the damage caused by cronyism and nepotism ranked the second by （4.18%） of the respondents， and in terms of social acceptance reported （2？ 50%） of the respondents to accept the practice of nepotism and favoritism.

（4） Sakkijha， and Kilani， entitled nepotism in Jordan： The secret declared 2002： This book is the concept of nepotism， and their causes， and ways to treat， and considered the authors that nepotism is a social phenomenon linked phenomena again， has implications for the way of life of individuals， groups， or of the administrative and political and national economy， and is one of the manifestations of corruption， especially in the practice of nepotism in employment， which resulted in him the weight of the shoulders of the state indebtedness in their view， confirms the researchers that governments“machine” the official did not succeed in the fight against the phenomenon of nepotism or limit but increased， until it became nepotism affect governments themselves in terms of the configuration tool and ambitions and programs. And has become a major theme in the meetings of the Jordanian parliament， the press， and the traditions of the elite and the general public， even some of them are proud to use in public. The authors propose follow what is stated in the National Charter amending legislation or put it to criminalize the “medium” as a verb in different legislation and procedures， and reform of the judiciary， and to complete the e-government program. And neutral journalism reveals glitches.

（5） The survey Arab Archives Institute， 2000：

Implemented Enterprise this surveys a study initial （pilot study） included （400） a single randomly universities， ministries and private institutions， and study reached several conclusions was the most important： see （86%） of respondents to medium negative phenomenon and a form of corruption， and （87%） believe that it must eliminate nepotism phenomenon， and （93.04%） of them will need nepotism in the future， and that 75% of them use intermediaries to facilitate the completion of transactions， and （70%） repeat used to maintain the time and non-begging and get away from the bureaucracy and complexity （http：// www.alarcheef.com/studies/wastaAr.asp）.

11. HYPOTHESIS TEST AND DATA ANALYSIS

11.1 Relationship Favoritism Discretion of the Selection and Appointment

The aim of this part of the research is to test the hypothesis first major， through the verification of the presence or absence of correlations correlation between nepotism and discretion in the selection and appointment of employees in government institutions of Jordan， and then determine those relationships in terms of the type， direction and strength， relying on.

The table 4 to the existence of relations moral statistically significant between the medium （and the method of appointment， and the appointment decision）， supports these links correlations moral between the variables of nepotism and total discretion in the selection and appointment， where he was the highest correlation coefficient （0.183） with the belief that nepotism something blameworthy， the lowest correlation coefficient （* 0.109） with the belief that the appointment has often been based on nepotism. Showed partial correlation coefficients between the medium and the variables of discretion in the selection and appointment are important differences in strength where it was （6） significant relationships have been achieved total amounting relations （8） distributed its explanatory power relations as follows：

* There are three positive relationships and a significant correlation between the belief that the appointment made on the basis of favoritism and the method of appointment， and polarization advertising， and the appointment decision at the level of significance （0.05≤p≤0.01 importance of （75%）.

* There are three positive relationships and a significant correlation between the belief that the favoritism is something blameworthy.

（The terms of appointment， and the method of appointment， and the appointment decision） at level of significance 0.05 ≤ p ≤ 0.01.

* No significant relationships between：

- The belief appointment on the basis of favoritism with （conditions for appointment）.

- Blameworthy concept of favoritism with （recruiting / advertising）.

The correlation overall between the favoritism and discretion in the selection and appointment extrusive（0.183 *） and significant at the level of statistical significance （p ≤ 0.01）， and the first hypothesis is accepted and the major hypothesis is accepted based on the expectations researcher existence of a correlation moral statistically significant between the favoritism and discretion in the field selection and appointment of workers at a significant （p ≤ 0.05） in the Jordanian government institutions.

11.2 Favoritism at the Discretion of the Selection and Appointment

This part of the research is trying to verify the existence of effects of correlation between （1） the personal characteristics - favoritism （2） personal characteristics -discretion in the selection and appointment （3） favoritism- discretion in the selection and appointment （4） discretion in the selection and appointment- the efficiency of workers， using the linear regression multi （Multiple Linear Regression）， and the laboratory statistical value is （F） If the value of （F） calculated is greater than the value of（F） Tabulated at level of significance （p ≤ 0.05） accepted hypothesis and vice versa as follows：

（1） The second major hypothesis testing （expected a statistically significant effects of the personal characteristics in the favoritism at a level significantly （p ≤ 0.05） in the Jordanian government institutions.

Table 5 Shows the stability of the validity of the regression model to test the hypothesis second major based on the increase in the value （F） calculated the （14.66） at Tabulated value （2.21） at the level of significance （p ≤0.05） and degrees of freedom （328， 5）， based on validity of the model will be considered hypothesis.

It is evident from the table 6 that the variables （functional level， and age） significant statistical terms of high values（t） calculated at tabular （2.33） at the level of significance （p≤ 0.01） has contributed to the expansion of the spread of favoritism more than other variables， reaching value （t） of these variables （2.78-2.69）， respectively， supported by the coefficient values （beta） of （0.103-0.069）， respectively. The variables （sex， qualification， practical experience） with effect moral but when the level of significance （p ≤0.05）， any so high values （t） calculated for Tabulated value（1.645）， reaching values （t） calculated for these variables（1.73-1.95-2.31）， respectively， and based on these results accepted hypothesis II （expect the presence of a statistically significant effect of the properties in the discretion of the selection and appointment at the level of significance （p ≤0.05） in the Jordanian government institutions.

（2） The third major hypothesis testing （expected a statistically significant effect of the personal characteristics at the discretion of the field of selection and appointment at the level of significance （p ≤ 0.05） in the Jordanian government institutions.

Shown in Table 7 the validity of the regression model to test the hypothesis third major because of the high value （F） calculated the （4.039） at Tabulated value of （2.21） when the level of significance （p ≤ 0.05） and degrees of freedom （327.5）， and building on the powers of the form will be test the hypothesis.

The Table 8 shows that the variables （age， functional level） are statistically significant in terms of the high values calculated （t） when Tabulated value （2.23） at the level of significance （p ≤ 0.01） has contributed to the interpretation of the greatest impact in the expansion exercise the language discretion in the field of selection and appointment with total value The （t） calculated for these The variables （3.39-2.84）The respectively， and enhances coefficients （beta） of （0.015-0.103）. The variables the sex， qualification， practical experience of statistical but also at the level of （p ≤ 0.05） in terms of high values （t） calculated for Tabulated value （1.645） as the value of （t） calculated for these variables （2.14-2.27-2.65） on the respectively， and it is accepted third major hypothesis.

（3） The fourth major hypothesis testing （expected statistically significant effects of favoritism at the discretion of the field the selection and appointment at the level of （p ≤ 0.05） in The Jordanian government institutions）.

Notes from the Table 9， and containing the relationship nepotism and its impact on the discretionary power of selection and appointment， the correlation coefficients medium with all of （the terms of appointment， the method of appointment， the appointment decision） was （0.392-0.376-0.318）， respectively， and transactions decline discretion on medium （0.120-0.181-0.144）， respectively.

The calculated （t） value for discretion variables （the terms of appointment， the method of appointment， the appointment decision）， （2.182* - 3.326** - 2.625**）， at the same time show that the impact of favoritism in the selection procedure is significant where he was weak and limited.

And identification of co-determine coefficients （R2） for the discretion of variables （the terms of appointment， the method of appointment， the appointment decision） amounting （63.7-77.5-71.3） influence is clear to the discretion of the medium. These results due to：

Accept the first sub hypothesis at the abstract level（p≤ 0.05）.

Accept the second sub hypothesis at the abstract level（p≤ 0.05）.

Accept the third sub hypothesis at the abstract level（p≤ 0.05）.

Accept the fourth sub hypothesis at the abstract level（p≤ 0.05）.

The Table 10 shows that the value of the significance for （f-sig） reached （0.003） which is less than （0.05） It is further noted that the value of （f） calculated the （9.849） is greater than the value of （f） Tabulated of （2.37）. And therefore it is located in the acceptance of the hypothesis， and it is accepted fourth major premise. The value of the coefficient of determination （R2） to that nepotism explain what rate （82.5%） of the variance in winning the discretionary power， supported by the strong value of the correlation coefficient of $ （0.74） between the medium and discretion.

（4） The fifth major hypothesis testing expected presence statistically significant effects for the exercise of discretion field selection and appointment in the level of efficiency recruited on the basis of favoritism at the level of 0.05， p <（in Jordanian government institutions）.

The data contained in the Table 11 that there is a statistically significant reflect the effects of a real not due to coincidence between the exercise of discretion in the selection and appointment process and the level of efficiency of workers， and show in terms of the relative importance that the appointment decision is the area most in which the discretion， and （72.3%） of the efficiency of the public employee depends on the method of selection and appointment， as well as explain the method of appointment （65.4%） of the variance overall level of efficiency concerned， while explaining the terms of appointment and appointment procedures （61.8%） -（57.6%）， respectively， of the variance totaling the level of efficiency involved.

Results also indicate that the average degree to which express appointment procedures （3.02） which smaller than the degree of conditions of appointment （3.49）， and the level mapping method （3.58） is smaller than the average appointment decision （3.96）. This indicates that the exercise of discretion in the selection and appointment various paragraphs affect the level efficiency involved. Based on these results main hypothesis is accepted fifth， and the effect of variables can arranged in the level of discretion involved efficiency according to following sequence： The appointment decision - the method of appointment - terms of appointment procedures.

CONCLUSIONS You can view the results that have been reached in this study are as follows：

（1） The results showed greater consensus on the prevalence of the phenomenon of favoritism by （87%） of the sample， compared to the lack of agreement reached（10%）， while the （3%） of the sample neutral and does not have an opinion specific， and were the percentages of agreement clauses favoritism（favoritism concept cushions in selection and appointment process， favoritism concept negative phenomenon is benign）， （91% - 83%） compared rates of lack agreement about same paragraphs （7% -13%） of the sample. Indicate agreement sample rates on almost complete support for the prevalence and practice favoritism in the selection and appointment of the public employee， even though they see concept of favoritism blameworthy or benign.

（2） Has discretionary power and middle arithmetical up for general sample （3.52） and varied variables sub Bosatha calculations： where were highest at the appointment decision in terms of （3.96）， then the method of appointment where it reached the middle of arithmetic（3.58）， and then the conditions and procedures of appointment circles calculation amounted to （3.49）， （3.02）， respectively， and this indicates the presence of widely available to the discretion and then favoritism in the appointment decision making process and lesser extent in recruitment procedures being governed regulations and instructions difficult interpret.

（3） The sample believes that recruited on basis favoritism is less efficient than their peers， and favoritism negative impact on effectiveness the institution， and received the sample causes favoritism to legislative gaps， and wide ranges of discretion in the texts of rules and regulations currently in force.

（4） The presence statistically significant relationship between favoritism and moral discretionary power of the total correlation coefficient （** 0.183） and partial correlation coefficients were highest （0.274 **） with the appointment decision， and the lowest （0.175 **） with the method of appointment.

（5） Became clear that the personal characteristics explain （68.3%） of the phenomenon of favoritism， namely： （gender， age， functional level， qualification， practical experience） affect morale in the favoritism， and age was the most impact in the favoritism while sex was less impact in the favoritism.

（6） The significantly regression model of the impact of personal characteristics at the discretion because of the high value of （f） calculated the amount of （4.039） Tabulated value of $ （2.21） at the level of significance （p≤ 0.05）. The （Age） more impact on discretionary power as the value of （t） calculated （3.39） standard error （0.009） while the （sex） is less impact on discretionary power as the value of （t） calculated （2.14）， standard error （0.125）.

（7） The rely on the favoritism as a function of the discretion， indicate the value of the coefficient of determination （R2） to （82.5%） of the variation in discretionary power source favoritism， supports the value of （f） calculated for the regression model， amounting to（9.849）， which indicates The significantly coefficient of determination （R2） at level of significance （0.01） and this outcome involves：

* Statistically significant effect （63.7%） of the favoritism in terms of appointment at level significance （0.05）.

* Statistically significant effect （77.5%） for favoritism the method of appointment at level significance （0.01）.

* Statistically significant effect by （71.3） for favoritism appointment decision at level significance （0.01）.

RECOMMENDATIONS

Depending on results study the researcher to make recommendations and the following proposals：

（1） Initiating conduct depth studies of the phenomenon of favoritism in terms of causes， its practices in administrative area， particularly in the public raised， trends， in order to provide solutions to address causes and its application， and development rehabilitation programs for administrative leaders， and provide the necessary resources to do so.

（2） Reconsider the legislation governing public function， and reduce the use of discretionary power being main entrance of favoritism in field employment.

（3） Implantation or reinforce the work ethic to the decision-makers that are based on the values of integrity， transparency and the rehabilitation of the judiciary， to look into irregularities in the field of employment， and toughening penalties， and activating the role of regulatory institutions and the media， that the burden of proof for the safety of appointments management， and irregularities in the field of employment， and toughening the penalties， and activating the role of regulatory institutions and the media，that the burden of proof lies on the safety management appointments， and the establishment of an independent body dedicated to this phenomenon in terms of scientific and informatics， regulatory， and administrative described as quasi-judicial.

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