Public Service Commission (Disciplinary Procedure)

L.N. 67 of 2006

THE CONSTITUTION OF MALTA

Public Service Commission (Disciplinary Procedure)

(Amendment) Regulations, 2006

IN EXERCISE of the powers conferred by Article 121 of the

Constitution of Malta, the Public Service Commission has, with the

consent of the Prime Minister, made the following regulations>

(1) These regulations may be cited as the Public Service Citation

commencement.

Commission (Disciplinary Procedure) (Amendment) Regulations, 2006,

and shall be read and construed as one with the Public Service

Commission (Disciplinary Procedure) Regulations, 1999, herein after L.N. 186 of 1999.

referred to as “the principal regulations”.

(2) These regulations shall come into force on the 27 th March

2006.

Regulation 5 of the principal regulations shall be renumbered Amends regulation

5 of the principal

as sub-regulation (1) thereof and immediately after sub-regulation (1) regulations.

as renumbered, there shall be inserted the following new sub-regulation>

“(2) An officer against whom a serious offence under these

regulations has been committed (the victim) shall be entitled to

file a formal complaint in writing with his Head of Department

not later than six months from the date when the alleged offence is

committed. The Head of Department shall decide whether or not

to initiate disciplinary proceedings in terms of these regulations

against the officer against whom the complaint is made, after

carrying out a preliminary investigation which is to be concluded

not later than fifteen working days from when the Head of

Department receives the written complaint>

Provided that, in cases where the victim and the offender do

not fall under the responsibility of the same Head of Department,

the two Heads of Department concerned shall consult each other

before any further action in terms of the regulations is taken by the

Head of Department of the alleged offender.”.

In sub-regulation (3) of regulation 6 of the principal Amends regulation

6 of the principal

regulations, for the words “after the conclusion of the disciplinary regulations.

proceedings,” there shall be substituted the words “from the date when

the Head of Department or the Commission, as the case may be, takes

the final decision about the guilt or otherwise of the officer concerned,”.

Immediately after sub-regulation (2) of regulation 19 of the

principal regulations, there shall be inserted the following new sub-

regulation>

“(3) Whenever a second case of minor misconduct or breach

of discipline or unsatisfactory work by an officer takes place within

twenty-four months from the commission of a previous minor

disciplinary offence treated under regulation 20, the latter case

shall not be treated summarily under regulation 19, but shall be

treated under regulation 20.”.

Regulation 20 of the principal regulations, shall be amended

as follows>

(a) for paragraph (a) of sub-regulation (2) there shall be

substituted the following>

“(a) The Head of Department shall, as expeditiously

as practicable and in no case later than thirty working days

from the date when the alleged offence comes to his notice,

or not later than three calendar months from the date of the

signing of a report made in terms of the Inquires Act, prepare

a written statement of charges against the officer concerned,

setting out particulars of the evidence relied upon to support

the charge or charges. The Head of Department shall also

inform the officer whether in his opinion the charge or charges

constitute a minor or a serious offence and whether the offence

could lead to dismissal.”< and

(b) for sub-regulation (3), there shall be substituted the

following>

“(3) Notwithstanding the provision of sub-regulation

(2) of this regulation>

(a) no action shall be taken in respect of a minor

offence which has occurred earlier than twelve months

from the time when the alleged minor offence comes to

the notice of the Head of Department<

(b) irrespective of whether or not the case had

already been investigated by a Disciplinary Board, a

Head of Department may, for sufficient justifiable

reasons, change his original decision and issue a written

warning in terms of regulation 19 instead of proceeding

in terms of regulation 20>

Provided that, where the Head of Department had

given notice to the officer charged that the charges, if

proved, could lead to dismissal, the implementation of

any such change of decision shall require the approval

of the Commission.”.

For sub-regulation (1) of regulation 26 of the principal Amends regulation

26 of the principal

regulations, there shall be substituted the following>

regulations.

“(1) After the findings of the Board are communicated to

the Head of Department and to the officer charged, the following

procedure shall apply in all cases, except where the Head of

Department had given notice to the officer charged that the charges,

if proved, could lead to dismissal>

(a) the officer charged may make written

representations or ask for an appointment to make oral

representations to the Head of Department, within ten working

days from the date on which the findings of the Board are

communicated to him, and such representations shall clearly

state the grounds on which they are based<

(b) the Head of Department shall consider any

representations made to him by the officer charged and shall,

as soon as practicable, communicate to the officer his decision

on the charge or charges, including, in minor cases, on whether

he accepts the Board’s finding of guilt, and on the penalty, if

any, that he has imposed>

Provided that if an officer charged with a minor offence

is found not guilty by a Board and the Head of Department

subsequently disagrees with the Board’s findings, the Head

of Department shall immediately inform the officer of his

intention to change the findings of the Board, giving specific

reasons why he disagrees with the Board’s findings. The

officer is also to be informed of his right to make written or

oral representations which are to be made to the Head of

Department within ten working days from the date of receipt

of the letter from his Head of Department informing the officer

of his intention to change the Board’s conclusions.

(c) whenever it results from the findings of the Board

that the offence, contrary to what was originally stated by the

Head of Department, was not of a serious nature the Head of

Department may award a lesser penalty than that applicable

for serious offences, provided that in such cases the Head of

Department shall enter a note in the records of the case

specifying the reasons why he accepted the findings of the

Board and consequently awarded a penalty applicable to a

minor offence<

(d) whenever an officer admits a charge or fails to make

any representations to the Head of Department within the

period specified in paragraph (a) of this regulation, the Head

of Department shall communicate, as soon as practicable, to

the officer charged his decision on the charge or charges and

the penalty, if any, that the Head of Department has imposed.”.

Sub-regulation (1) of regulation 42 of the principal regulations,

shall be amended as follows>

(a) immediately after the words “with such frequency,” there

shall be inserted the word “and”< and

(b) immediately after the words “time to time direct.” there

shall be inserted the words “Moreover, Heads of Department shall

ensure that a separate list is given in the report for each category

of offence (serious, minor, summary, criminal).”.

The Schedule of Offences and Penalties to the principal

regulations shall be amended as follows>

(a) for paragraph 3.2 thereof, there shall be substituted the

following>

“3.2 Serious Offences (when no criminal proceedings

are instituted)>

(a) conduct which discredits the department or,

more generally, brings the public service into disrepute<

(b) arrogant, abusive or violent behaviour towards

the public or other public officers<

(c) failure to exercise proper supervisory

functions<

(d) disobeying superior instructions or

insubordination with serious consequences<

(e)

serious neglect or dereliction of duties<

(f) violent or threatening behaviour or use of

offensive or foul language towards a superior<

(g) damage to government property<

(h) immoral, indecent or disgraceful conduct at

place of work<

(i) misuse of government funds, property or

equipment<

(j) gross negligence at work<

(k) tampering with or misuse of attendance sheets

and records (including punch cards#clocks)<

(l) falsification or misuse of or tampering with

official documents<

(m) divulging of secret or confidential

information<

(n) unauthorised absence of more than one

day#shift<

(o) sexual harassment<

(p) misuse of electronic equipment<

(q) victimization of witness or an officer#person

lodging a report or doing his duty under the regulations<

(r) other offences indicated under “Minor

Offences” but having serious consequences<”< and

(b) for paragraph 4.1 thereof, there shall be substituted the

following>

“4.1

Penalties for Minor Offences>

(a)

First Disciplinary Case – Written Warning

(b) Second Disciplinary Case – Suspension

without pay up to

three (3) days

(c) Third Disciplinary Case – Suspension without

pay up to five (5)

days and a

“Warning of

Dismissal”

(d) Fourth Disciplinary Case – Dismissal>

Provided that in determining whether the

disciplinary charge is a first, second, third or fourth minor

case not being instituted under regulation 19, no account

shall be taken of offences which occurred prior to twenty-

four months from the date of the offence under

investigation.

Provided further that a written warning will lapse

after twelve months from the date the written warning is

issued if no other offence is committed within that

period.”.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press