EBUTE METTA HEALTH CENTRE PRESENTATION   TOPIC: DISCIPLINARY PROCEEDINGS/PROCEDURES DEPARTMENT: ADMINISTRATIVE DATE: 3RD FEBRUARY, 2017. PRESENTER: BALOGUN H. O. (MR). SENIOR HOSPITAL ADMINISTRATOR

INTRODUCTION   Discipline is the practice of training people, workers etc. to obey rules, orders and punishing them if they do not obey such rules and regulations. Disciplinary on the other hand is an intention to punish or correct bad behaviours in a given organization or society.

2.0 PRESENTATION OBJECTIVES   The main objectives of this presentation are to: 1 Acquaint participations with the disciplinary rules and any other regulations as contained in the Public Service Rule. 2 Educate participants on disciplinary proceedings/procedures. Introduce participants to the concept of general inefficiency.

3 Enable participants differentiate between misconduct and serious misconduct. 4 Expose participants to disciplinary procedures for misconduct and serious misconduct. 6 Explain the concepts of interdiction, suspension and serious financial embarrassment.

3.0 DISCIPLINARY PROCEEDINGS   This is the procedure and action against an officer who is said to have committed an offence. It arises from the approval of the Civil Service Commission or Health Service Commission or any other Commission delegated to do so. The proceedings is to ascertain whether: The conduct of an officer in a given issue is blameworthy or

The conduct of the officer in an issue is in the interest of the Ministry Department/Agency where he or she is employed and generally in the interest of the Civil/Public Service as a whole that he should be sanctioned. It should however be noted that disciplinary proceedings are initiated due to an officer”s misconduct, serious misconduct, general inefficiency etc and it shall be completed within two months except on criminal cases.

4.0 DISCIPLINARY AUTHORITY   This is the body in whom power to dismiss and exercise disciplinary control over a Civil/Public servant is vested. However, the power to exercise disciplinary control over officers in the State Public Service is vested in the state Civil Service Commission or any other delegated body e.g. Health Service Commission.

5.0 POSTPONEMENT OF DISCIPLINARY PROCEEDINGS DURING MATERNITY LEAVE   Disciplinary proceedings against a female officer that might have been taken during the period of her maternity leave shall be postponed until her maternity leave has expired

6.0 MISCONDUCT This simply means a specific act of wrong doing or improper behaviour that can be investigated and proved. Examples include negligence, falsification or suppression of records, sleeping on duty, loitering, habitual lateness to work, refusal to proceed on transfer or posting, immoral behaviour, failure to appear for promotion exercise etc.

7.0 ISSUING QUERY   This arises when a superior officer becomes dissatisfied with the behaviour of any subordinate officer under him. Here, the superior officer inform the officer in writing giving details of unsatisfactory behaviours and directing him/her to submit a response within a specific period. After submission by the officer, the superior officer shall decide whether; The Officer has exculpated himself/herself in which case, he or she shall be informed in writing and no further action shall be necessary or; The officer has not exculpated himself/herself but it is decided that he should not be punished, here an appropriate formal letter of advice shall be issued to him/her and shall be required to acknowledge receipt of in writing or; The officer has not exculpated himself/herself and deserve some punishment.

8.0 REPORTING MISCONDUCT It is the duty of every officer to report any case of misconduct that comes to his/her notice to a superior officer. When an officer’s misconduct is brought to the notice of his superior officer, the superior officer has to forward a written report to the Permanent Secretary/Head of Extra-Ministerial Department/Agency without delay. If he considers it necessary that the officer should be interdicted, such recommendation shall be made in the report.

DISCIPLINARY PROCEDURE FOR MISCONDUCT If it is presented to the commission or any other delegated body that an officer had committed an offence under the concept of misconduct, but the allege misconduct is not a serious one, then an investigation will be made into the matter in a proper manner and the officer will be made to know the weight of the case levelled against him/her and will have adequate opportunity of making his/her defence. If this allegation is proved, the body may inflict any other punishment upon the officer, such as reduction in rank, withholding or determent of increment or otherwise.

NOTIFICATION IN WRITING After all necessary investigations had been carried out, the officer shall be notified in writing of the grounds on which he/she is proposed to be disciplined. It should be noted that all queries must be precise and to the point and must relate to the circumstances of the offence, the rules and regulations which the officer has broken and the likely penalty. COMMECEMENT AND COMPLETION OF DISCPLINARY PROCEDURES All disciplinary procedures must commence and be completed within a period of 60 days except where criminal cases are involved or in exceptional circumstances.  

9.0 SERIOUS MISCONDUCT (040501) This is a specific act of very serious wrong doing and improper behavior which is inimical to the image of the service and can be investigated and if proven may lead to dismissal. Serious act of misconduct include: Falsification of records Suppression of records Withholding of files Absent from duty without leave or official permission Bribery Corruption Embezzlement Misappropriation Violation of oath of secrecy Fighting while on duty etc.

However, the above listed acts of serious misconduct may result to: Dismissal Reduction on rank Reduction in salary Withholding/Deferment of Increment Suspension Terminating of appointment Compulsory retirement Suspension of increment Surcharge Reprimand DISCIPLINARY PROCEDURE FOR SERIOUS MISCONDUCT This disciplinary procedure is in accordance with the rules 040402-040406 in the Public Service Rule.

10.0 INTERDICTION This arises when a serious case that may lead to dismissal has been instituted against an officer and the Permanent Secretary/Head of MDA decides to interdict him/her on not less than half of his/her monthly salary pending the determination of the case. It should be noted that when an officer is interdicted he shall cease to report for duty and shall receive not less than half of his/her emoluments as the commission and any other delegated body may determine and the letter of the officer’s interdiction shall also indicate the proportion of emoluments to be received while on interdiction. On the other hand, if the officer is not guilty of the offence levelled against him the officer shall be immediately reinstated and shall receive the full amount of the emoluments denied him/her while the officer was interdicted.

10.1 RESPONSIBILITIES OF AN INTERDICTED OFFICER He/She shall notify the Permanent Secretary/Head of MDA’s of his/her intention to leave his/her station. Shall not leave the country without specific approval from the State Civil Service Commission or any other delegated body. The officer shall be responsible for informing the MDA’s of the address to which instructions can be delivered to him. In case the officer fail to comply with the instructions delivered to him/her at such an address within seven (7) days of such delivery, he shall be regarded as absent from duty without leave. Please be informed that interdiction shall not last more than two (2) months except in grievious cases. The interdicted officer shall be required to render a letter of undertaking to be of good conduct.

11.0 SUSPENSION This is a punishment that arises from temporary stay – off duty with loss of corresponding benefits. An officer who committed a criminal offence will be suspended with effect from the date of conviction, pending consideration of his/her cases by the Commission or any other delegated body. Suspension should not last more than three months without pay.

12.0 SERIOUS FINANCIAL EMBARRASMENT This is the state of an officer’s indebtedness which having regards to the amount of debt incurred by him/her has actually caused serious financial hardship to him/her. However, an officer can be reported to be in serious financial embarrassment where; The total of his/her unsecured debts and liabilities at any given time exceeds three times the sum of his/her monthly salaries He/she is a judgment debtor, and the judgment debt remains unsettled or He/She is adjudged bankrupt or any insolvent wage earner, and he/she remains an undischarged bankrupt or as the case may be for as long as any judgment against him/her in favour of the official assignees remains unsatisfied. It should be noted that serious financial embarrassment no matter its cause shall be regarded as necessarily impairing the performance of an official on his job. However, if such an embarrassment is cause by imprudence or other reprehensible cause, the concerned officer shall be liable to immediate dismissal.

13.0 CONCLUSION It is pertinent for participants to note that disciplinary actions are not directed only towards sanctions but to improved performance of affected officer/officers