GOVERNMENT GENERAL SERVICES UNION PREPARING MANAGEMENT SUPPORT OFFICERS FOR OFFICE MANAGEMENT ASSISTANT PRESENTED BY F K YARROO MINISTRY OF HEALTH AND QUALITY OF LIFE (5754 6786) AUGUST / SEPTEMBER 2017

THE PUBLIC SERVICE COMMISSION

Powers of the Public Service Commission Section 89 of the Constitution empowers the PSC to: (i) Make Appointments and Acting Appointments in the Public Service; (ii) Exercise disciplinary control over Public Officers; (iii) Remove Public Officers from office.

Powers of the Public Service Commission Section II8(1) of the Constitution empowers the Commission to make regulations for regulating and facilitating its functions Section II8(4) of the Constitution provides that: the Commission shall not be subject to the direction or control of any person or authority in the exercise of its functions.

DISCIPLINE

Discipline- misconduct Disciplinary offences fall under three categories – on grounds of unsatisfactory services and misconduct Minor Misconduct Serious Misconduct Gross Misconduct

Discipline- minor misconduct EXAMPLES: Unauthorised absence from work during working hours. Reporting for work late without valid reason or permission Leaving early from work without valid reason or permission Disciplinary actions - regulation 42 (1) (b) (c) Deduction from salary an amount which bears the same relation to his monthly salary as such period bears to one month.

Discipline- SERIOUS MISCONDUCT EXAMPLES Being under the influence of alcohol Consumption of drugs during working hours Rough or rude behaviour Failing to comply with established procedures or standing instructions

Discipline- SERIOUS MISCONDUCT Disciplinary actions: (Warning) Reprimand Severe reprimand Suspension from work Retirement in the interest of the Public Service Dismissal

Discipline- gross MISCONDUCT EXAMPLES Inability to perform work due to excessive indulgence in alcohol or illegal drugs Drugs trafficking Absence from work for long periods without valid reason Falsifying documents Theft of government property Fraud Disciplinary actions : Dismissal Retirement in the interest of the Service Reduction in rank

PUBLIC SERVICE COMMISSION REGULATIONS DISCIPLINE (PART IV ) (REGULATIONS 30-46)

DiscIPLINE - PSC RegULATION 30 The Commission shall not exercise its powers in connection with the disciplinary punishment of any officer in the public service except in accordance with regulations 31 – 46 or such other regulations as may be made by the Commission.

PSC RegULATION 31 - INTERDICTION MEANING: cease to exercise the powers and functions of one’s office Interdiction should be resorted to: Where the interest of the Public Service so requires, on the basis of any one of the 3 conditions laid down at regulation 31 viz : When criminal proceedings are being instituted against the officer. Retirement in the interest of the Public Service is being contemplated Proceedings for dismissal have been instituted

DiscIPLINE - PSC RegULATION 31(cont) Need to inform the PSC and seek covering approval. Restriction: Under interdiction, an officer cannot leave the country without the permission of the RO NOTE : The Officer gets his SALARY ONLY. If convicted and still interdicted (even if appeal) he gets no pay If acquitted – Reinstate the officer – inform PSC accordingly (c reg 35) After Reinstatement - Eligible for INCREMENTS & BONUS If conviction maintained after appeal (see regulation 36)

PSC Regulation 32 - R O reporting to Cp Where a preliminary investigation or a disciplinary enquiry reveals that a public officer has committed an offence against any law, R O shall refer the case to the Commissioner of Police The DPP may: Advise NO prosecution BUT disciplinary action (Action: R O shall institute disciplinary proceedings: Either under regulation 37 OR 38) Advise NO further action OR Decide to discontinue criminal proceedings Action: in case the officer was interdicted, he should be reinstated and the PSC should be informed accordingly

PSC RegULATION 33 - prosecution Where criminal proceedings likely to warrant disciplinary proceedings are instituted against a public officer in any court - The RO reports the facts to the PSC informing whether the Officer has been interdicted or not. RO follows case with Police until determination and takes action as per regulation 35 or 36 as appropriate

PSC RegULATION 34 - restriction [Follows from regulation 33], so long any criminal proceedings against an officer, has not been determined (including the determination of appeal, if any,) no disciplinary action can be instituted against the officer (except for no salary after conviction in case of appeal) However, the R O may interdict the officer if warranted

PSC RegULATION 35 - acquittal If an officer prosecuted in any court of law is acquitted of a criminal charge or proceedings have been discontinued [32 (4)]: The officer shall not be punished or dismissed on account of the same charges R O forwards to PSC copy of judgment and court proceedings {except for minor offences [see regulation 36 (2) (a) & (b) ]} [Minor Offences - those under Road Traffic Act / those not entailing fraud or dishonesty / those not related to officer’s employment – regulation 36 (2) (b)]. If the Officer had been interdicted should be reinstated and PSC informed, accordingly

PSC RegULATION 35 – acquittal (cont) BUT the officer may be punished or dismissed on other charge/s arising out of his conduct in the matter provided that the Solicitor General is of the opinion that they do not raise substantially the same issue. If PSC thinks fit, proceedings may be instituted accordingly. If further proceedings are instituted & interdiction if warranted, that should take effect at a date not earlier than the date on which new proceedings are instituted. (regulation 34 A)

PSC RegULATION 36 - conviction (Found guilty of criminal offence) RO forwards to PSC copy of charge + judgment + court proceedings + his own recommendation (on PSC F21) If PSC determines that the officer should be dismissed (regulation 37) or retired in the interest of the public service (regulation 38 / 39), or subjected to some lesser punishment –actions will be taken without any of the proceedings as laid down at regulations 37, 38, or 39 being instituted

psc Regulation 37 - MISCONDUCT JUSTIFYING DISMISSAL BASIS: RO considers it necessary to institute disciplinary proceedings against a public officer on grounds of misconduct which if proved would justify dismissal PROCEDURES : - Carry out preliminary investigations (Interdict officer if required & Inform PSC seeking covering approval– reg 31) - Seeks advice of the S.G on the charges to be levelled -Forward statement of charge/s to accused officer requesting him to state in writing within a prescribed delay, grounds on which he relies to exculpate himself. (a brief statement of the allegations on which each charge is based, may also be annexed )

Psc Regulation 37 – PROCEDURES (cont) If RO is satisfied with explanations, officer may be reinstated in case of interdiction, and PSC be informed (see regulation 31 & regulation 35). Disciplinary proceedings are discontinued. Where no reply is received or where the RO is not satisfied with the explanations, RO forwards to PSC copies of his reports + the charges + reply of officer, if any + his own comments.

Psc Regulation 37 – PROCEDURES (cont) PSC considers submission and if is of the view that proceedings for dismissal should continue, appoints a Committee consisting of not < 3 members (public officers or former public officers) as follows: Chair: Judge / Magistrate / Public Officer being or has been a barrister. Members: selected with due regard to status of accused officer NOTE: Neither the RO nor any officer who is serving or has served in the Ministry, for any period during the 5 years preceding the alleged misconduct shall be a member.

Psc Regulation 37 – PROCEDURES (cont) The Committee investigates in that it may call the officer to appear and defend himself. If witnesses are examined, the officer should be allowed to cross examine them. Where documentary evidences are used, the officer shall have access to all of them. The Committee may permit both parties (the prosecuting & the accused officer) to be represented by a public officer or a legal practitioner but cannot allow one and disallow the other.

Psc Regulation 37 – PROCEDURES (cont) NOTE: Where during inquiry, grounds for preferment of additional charges are disclosed, the RO shall be informed by the Committee. RO shall follow same procedure as the initial one.

Psc Regulation 37 – PROCEDURES (cont) The Committee completes its enquiry and submits to the PSC as far as practicable within a period of 6 months: Its report The record of the charges preferred The evidence led The defence & other proceedings relevant to the enquiry

Psc Regulation 37 – PROCEDURES (cont) THE REPORT should include: A statement whether according to the Committee the officer has or has not committed the offence/s charged + a brief statement of the reasons for their opinion Details of any matter which aggravate or alleviate the gravity of the case Summing up and comments that indicate clearly the opinion of the Committee

Psc Regulation 37 – PROCEDURES (cont) NOTE: The committee shall not make any recommendation regarding any form of punishment; If the PSC is of the opinion that the Report should be amplified, may refer the matter back to the Committee for further investigations and make submission within a prescribed delay

Psc Regulation 37 – PROCEDURES (cont) CONCLUSION: The PSC, after considering the final Report of the Committee decides on punishment, if any, to be inflicted upon the Officer. The RO gives effect to the decision of the PSC. NOTE: The officer may appeal to the Commission within 21 days of the notification of the punishment provided he brings forward new arguments to support the appeal (reg 42 B 2)

psc Regulation 38 - MISCONDUCT not JUSTIFYING DISMISSAL BASIS: RO considers it necessary to institute disciplinary proceedings against a public officer on grounds of misconduct which if proved would not be serious enough to warrant dismissal PROCEDURES : Carry out preliminary investigations Forward statement of charge/s to accused officer requesting him to state in writing within a prescribed delay, grounds on which he relies to exculpate himself.

psc Regulation 38 - PROCEDURES (cont) If RO is satisfied with explanations, officer may be reinstated in case of interdiction & PSC be informed (c reg 31 & reg 35). Disciplinary proceedings are discontinued. psc Regulation 38 - PROCEDURES (cont) Where no reply is received (or received but not within delay) or where the RO is not satisfied with the explanations, RO appoints a Disciplinary Committee consisting of 3 members (public officers or former public officers from a list drawn yearly by Sec to the Cab & Head of Civil Service after consultation with the PSC).

psc Regulation 38 - PROCEDURES (cont) Regulation 38 (cont) PROCEDURES (cont) NOTE: 1. unlike reg 37, under reg 38, the Chairperson and the members are selected with due regard to the status of accused officer 2. Neither the RO nor any officer who is serving or has served in the Ministry, for any period during the 5 years preceding the alleged misconduct shall be a member.

psc Regulation 38 - ROCEDURES (cont) The Committee investigates in that it may call the officer to appear and defend himself. If witnesses are examined, the officer should be allowed to cross examine them. Where documentary evidences are used, the officer shall have access to all of them. The accused officer shall be allowed to defend himself personally or be represented by another public officer.

psc Regulation 38 - ROCEDURES (cont) The Committee should complete its enquiry as far as practicable within 3 months from its appointment and submit to the RO, within 14 days of the conclusion of the proceedings: Its report The record of the charges preferred The evidence led The defence & other proceedings relevant to the enquiry

psc Regulation 38 - ROCEDURES (cont) THE REPORT should include: A statement whether according to the Committee the officer has or has not committed the offence/s charged + a brief statement of the reasons for their opinion Details of any matter which aggravate or alleviate the gravity of the case Summing up and comments that indicate clearly the opinion of the Committee

psc Regulation 38 - ROCEDURES (cont) NOTE: The Committee shall not make any recommendation regarding any form of punishment; If the RO is of the opinion that the Report should be amplified, may refer the matter back to the Committee for further investigations and make submission within a prescribed delay

psc Regulation 38 - ROCEDURES (cont) CONCLUSION: The RO, after considering the final Report of the Committee decides on punishment (other than dismissal and retirement in the interest of the public service), if any, to be inflicted upon the Officer. NOTE: If the RO considers that the punishment to be inflicted requires PSC’s approval (refer to reg 42), he shall do so before inflicting the punishment. (During proceedings, if need be, action may be discontinued and initiated under reg 37 or 39) APPEAL ( same as under reg 37)

psc Regulation 39 – REtirEment in the interest of the public service BASIS: Sec to the Cab & Head of Civil Service or the RO after having considered every report in his possession made against a public officer and considers it desirable that in the interest of the public service that the service of the officer should be terminated.

psc Regulation 39 - ROCEDURES (cont) PROCEDURES : Notify the officer in writing specifying the complaints whereby his retirement is being contemplated and be given an opportunity to show cause in writing as to why he should not be retired as such The R.O shall forward to the PSC report on the case + reply of the officer + his own recommendation PSC decides on whether the officer be made to retire in the interest of the public service RIGHT OF APPEAL UNDER REGULATION 42 B (2) NOTE: PSC may vary ,remit, or approve the punishment. For reduction in retirements benefits the matter should be submitted to the MCS&AR

psc Regulation 40 Regulation 40 allows a RO to make representations to the PSC, notwithstanding regulations 37, 38 & 39, to the effect that a public officer has been found guilty of misconduct or unsatisfactory service. Where the PSC considers that there is ground for disciplinary action, it may cause to have to such recourse under Part iv of the PSC Regulations

psc Regulation 41 Regulation 41 provides a list of all the punishments that can be inflicted upon a public officer found guilty of any offence punishable under the PSC regulations: Dismissal Retirement in the interest of the public service reduction in rank or seniority Stoppage of increment Deferment of increment Suspension from work without pay for a period not less than one day and not more than 4 days . Severe reprimand Reprimand

psc Regulation 42 (1) Provides a list of punishment which a RO can inflict upon a public officer without referring to the PSC: Stoppage of increment for a period < 1 year Deferment of increment for a period < 1 year Suspension from work without pay for a period not < one day and > 4 days . Severe reprimand Reprimand Deduction of salary for absence without leave and consistently late for work. NOTE: there should be recorded investigation and opportunity given to submit written explanations

psc Regulation 42 (1) (cont) WARNING Without referring to the commission the R.O may administer a warning to any officer in his Ministry on ground of unsatisfactory work or conduct. The decision to administer a warning shall be communicated to the officer in writing The officer shall be given an opportunity to reply A warning where administered , shall be recorded in the officer ‘s P.F The officer shall be informed accordingly.

psc Regulation 42 a Under this regulation the Secretary to the Cabinet and Head of Civil Service is empowered to institute disciplinary proceedings against any public officer on grounds of misconduct or unsatisfactory service which if proved would justify his dismissal, retirement in the interest of the public service or a lesser punishment. However the procedures as laid down in regulation 37, 38, 39 or 42 should be followed

psc Regulation 42 b RIGHT TO APPEAL Should be made within 21 days as from the date of notification of the punishment inflicted

psc Regulation 43 DECLARATION OF POST VACANT Where a public officer absents himself from duty without leave or fails to resume duty after expiry of leave , is liable to be treated as having vacated his office or to be summarily dismissed. RO reports to PSC which may declare the post held by the officer vacant or summarily dismiss the office

psc Regulation 44 This regulation requires that: All cases of misconduct be dealt with as soon as possible after their occurrence; Where disciplinary proceedings are instituted against a public officer, the PSC, need be informed at each stage of the proceedings and the action taken. PSC, where it thinks fit to provide for or to discontinue the proceedings.

psc Regulation 45-RIGHT TO BE INFORMED Under this regulation, any public officer who is subject to disciplinary proceedings being instituted against him need be informed of : The findings on each charge preferred against him The punishment to be imposed

psc Regulation 46 - NON-APPLICATION OF THE REGULATIONS This regulation exempts those officers in respect of whom the power of disciplinary control has been delegated under section 89 (2) of the Constitution

psc Regulation- PART IV A - (disci[plinary control THROUGH STATUTORY BODY) Regulation 46 (A) to 46 (F)

THANK U (5754 6786) September 2017