Public Service Commission Disciplinary

L.N. 383 of 2021

CONSTITUTION OF MALTA

Public Service Commission Disciplinary

(Amendment) Regulations, 2021

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

The title of these regulations is Public Service Commission Title.

Disciplinary (Amendment) Regulations, 2021, and these regulations

shall be read and construed as one with the Public Service Commission S.L. Const.03

Disciplinary Regulations, hereinafter referred to as the "principal

regulations".

Regulation 7 of the principal regulations shall be amended Amends

regulation 7 of

as follows

the principal

regulations.

(a) the marginal note thereof shall be substituted by the

following

"Rights of the Head of Department".;

(b) regulation 7 thereof shall be renumbered as sub-

regulation 7(1);

(c) immediately after sub-regulation (1), as renumbered,

there shall be added the following new sub-regulation

"(2) The Head of Department shall be notified of

any documentary evidence produced by the officer charged

after the commencement of the hearing and shall be given

five (5) working days to consider the relevance of the

documentary evidence to the charges brought against the

officer

Provided that if the Head of Department deems

the documentary evidence as irrelevant to the charges

brought against the officer, the Head of Department may

object to the production of such documentary evidence

within the five (5) working days mentioned in this sub-

regulation, and in the case of such objection, the

Disciplinary Board or the Commission as the case may be,

shall, in its discretion, decide whether the documentary

evidence is to be produced.".

Immediately after regulation 7 of the principal regulations,

there shall be added the following new regulation

The alleged victim of a disciplinary

"Rights of the

victim.

offence shall, upon submitting a request in

writing to the Permanent Secretary, be entitled

to be present at every stage of any disciplinary

proceedings which may be instituted to

investigate the alleged offence, and may be

accompanied by a person or persons of choice,

subject to the following conditions

(a) the alleged victim or his

representative shall not be considered to

be a party to the proceedings, and thus

shall not be entitled to bring evidence,

cross-examine witnesses or otherwise

intervene in the proceedings unless called

as a witness by either party.

Provided that the alleged

victim may submit a written request to

the Disciplinary Board to be called as

witness during the proceedings; and

(b) the alleged victim shall have

the same right as the officer charged to

access documentary evidence, to the

findings of the Disciplinary Board,

including the guilt or otherwise of the

officer charged and the penalty, if any

and to the final decision taken by the

Head

of

Department

or

the

Commission.".

4. Regulation 12 of the principal regulations shall be amended

as follows

(a) in sub-regulation (1) thereof, the words "giving

reasons in justification of his opinion.", shall be substituted by

the words "giving reasons in justification of his opinion:" and

immediatley thereafter, there shall be added the following new

proviso

"Provided that before proceeding with the

recommendation, the Head of Department shall inform the

officer of his intention and the officer charged shall be

allowed five (5) working days from the date on which he is

so informed to submit written representations to the

Commission, giving justified reasons as to why he should

not be suspended for precautionary purposes and regarding

the proportion of salary to be withheld in terms of sub-

regulation (5).";

(b) in sub-regulation (2) thereof, the words "the opinion of the

Head of Department," shall be substituted by the words "the opinion of

the Head of Department and the representations submitted by the

officer, if any,";

(c) in sub-regulation (5) thereof, the words "after consulting

the Head of Public Service" shall be substituted by the words "after

having considered the representations submitted by the suspended

officer in terms of sub-regulation (1) and after consulting the Head of

Public Service".

5. Immediately after sub-regulation (4) of regulation 13 of the Amends

principal regulations there shall be added the following new sub- regulation

the principal

regulations

regulations.

"(5) An officer suspended for precautionary purposes in

terms of this regulation, and in respect of whom no criminal

charges are instituted after the lapse of six (6) months from the

date of such suspension, may submit written representations with

justified reasons requesting the Commission to consider the

lifting of such suspension.

Provided that, the Commission shall refer the

representations to the Head of Department for his opinion prior

to considering such representations and the Commission shall

decide whether its original recommendation should be confirmed

or revoked, and it shall make a recommendation to the Prime

Minister accordingly.

(6) The lifting of a precautionary suspension following

representations in terms of sub-regulation (5) shall be without

prejudice to any action in terms of these regulations, should

criminal proceedings be instituted against the officer

concerned.".

6. Sub-regulation (6) of regulation 18 of the principal Amends

regulation 18 of

regulations shall be substituted by the following

the principal

regulations.

"(6) The Chairperson and members serving on the Board

shall not be connected with the case of discipline and they shall

not be related up to the third degree to the officer charged. Where

any member of the Board would be placed in a conflict or an

apparent conflict of interest if he sat on the disciplinary board, he

shall immediately as soon as he becomes aware of such conflict

inform the Permanent Secretary, who shall nominate a substitute

in keeping with sub-regulations (3) and (4), within ten (10)

working days from the date he was notified of such conflict of

interest.".

7. Sub-regulation (1) of regulation 19 of the principal

regulations shall be substituted by the following

"(1) Chairpersons and members of Disciplinary Boards

shall take an oath or solemn declaration before a Commissioner

for Oaths prior to the commencement of the proceedings of the

Disciplinary Board.".

Regulation 22 of the principal regulations shall be amended

as follows

(a)

sub-regulation (2) thereof shall be amended as

follows

(i)

in the chapeau thereof, the words "A report on

the findings shall comprise –", shall be substituted by the

words "The Disciplinary Board report shall comprise –";

(ii) in paragraph (d) thereof, the words "the gravity

of the case." shall be substituted by the words "the gravity

of the case;" and immediately thereafter there shall be

added the following new paragraphs

"(e) any recommendation for the officer

charged to be referred to support programmes; and

(f) a recommendation on the penalty to be

imposed by the Head of Department, giving reasons

Provided that where the Head of

Department had given notice to the officer charged

that the charges, if proven, could lead to dismissal,

the report of the Board shall only include an opinion

on the penalty to be imposed and not a

recommendation.";

(b)

sub-regulation (3) thereof shall be deleted.

Regulation 23 of the principal regulations shall be amended Amends

regulation 23 of

the principal

regulations.

(a) the marginal note thereof shall be substituted by the

following

"Decisions and appeals pursuant to the Disciplinary

Board report.";

(b)

sub-regulation (1) shall be amended as follows

(i) in paragraph (b) thereof, the words "the Head of

Department shall consider any representations made to

him", shall be substituted by the words "the Head of

Department shall consider the recommendation of the

Disciplinary Board with regard to the penalty to be

imposed, if any, and any representations made to him";

(ii) paragraph (c) thereof shall be substituted by the

following

"(c) whenever an officer admits a charge or

fails to make any representations to the Head of

Department within the period specified in paragraph

(a), the Head of Department shall consider the

recommendation of the Board with regard to the

penalty, and communicate to the officer charged, by

not later than ten (10) working days, his decision on

the findings of the Board and the penalty imposed, if

any

Provided that whenever the Head of

Department is not in agreement with the

recommendation of the Board with regard to the

penalty, the Head of Department shall enter a note in

the records of the case specifying the reasons for such

disagreement.";

(iii) in sub-paragraph (d) thereof, the words "the

Head of Department may award a lesser penalty", shall be

substituted by the words "the Disciplinary Board may

recommend a lesser penalty".

(c)

sub-regulation (2) shall be amended as follows

(i) in paragraph (a) thereof, the words "the Board’s

report, send a copy to the Commission;" shall be

substituted by the words "the Board’s report send a copy to

the Commission, along with a statement as to whether or

not he agrees with the report and including the reasons

which led him to agree or disagree with the report;";

(ii) in paragraph (b) thereof, the words "the reasons

which led him to reconsider the original charge;" shall be

substituted by the words "his recommendation to the

Commission in terms of paragraph (a);”;

(iii) paragraph (c) thereof shall be substituted by the

following

(c) in giving consideration to the Board’s

findings and opinion, and to any submissions made

by the Head of Department in terms of the foregoing,

the Commission shall give the officer charged the

opportunity to submit written representations. The

Commission may give an opportunity to the officer

charged and to the Head of Department to make oral

representations;".

In paragraph (g) of sub-regulation (1) of regulation 24 of

the principal regulations, the words "any penalty awarded." shall be

substituted by the words "any penalty awarded;" and immediatley

thereafter there shall be added the following new paragraph

"(h) in a case leading to dismissal, a transcript or audio

recording of the oral hearing held before the Commission, if any,

in accordance with the Commission’s data retention policy.".

In the proviso to regulation 26 of the principal regulations,

the words "articles 42 and 43" shall be substituted by the words

"articles 31 and 32".

In sub-regulation (6) of regulation 27 of the principal

regulations, the words "either that he should confirm the decision of

the Head of Department as to the guilt of the appellant and, or the

penalty imposed or that he should amend or revoke it.", shall be

substituted by the words "either that he should confirm or revoke the

decision of guilt of the appellant and the penalty imposed, or that, he

should amend the penalty imposed.".

Regulation 29 of the principal regulations shall be amended

as follows

(a) the marginal note thereof shall be substituted by the

following

"Appeal by Head of Department.";

(b) in sub-regulation (2) thereof, the words "not later

than 10 working days from the date on which the findings of the

Board were notified to the officer concerned.", shall be

substituted by the words "not later than ten (10) working days

form the date on which the findings of the Board were notified to

the Head of Department.".

In paragraph (b) of sub-regulation (5) of regulation 30 of Amends

the principal regulations, the words "Head of Department." shall be regulation

the principal

substituted by the words "Head of Department; or" and immediately regulations.

thereafter there shall be added the following new paragraph

"(c) the past recommendation is dated over ten (10) years

before the date of the petition for review.".

Immediately after regulation 37 of the principal regulations Adds new

regulation 37A

there shall be added the following new regulation

to the principal

regulations.

Disciplinary penalties shall remain

"Retention of

disciplinary

recorded in the officer’s records up to the

penalties in

personal

periods identified in Section 6 of the Schedule of

records.

Offences and Penalties, entitled ‘Timeframe for

the retention of disciplinary penalties in personal

records’.".

Amends

16. Immediately after Section 5 of the Schedule to the principal Schedule to the

principal

regulations, there shall be added the following new Section

regulations.

"6. Timeframe for the retention of disciplinary penalties in

personal records

6.1 Penalties shall remain recorded in an officer’s Personal

Record Sheet for ten (10) years from the date a penalty is completed.

6.2 A record of penalties in an officer’s Service and Leave

Record Sheet, however, shall be kept for the periods indicated in the

table below

Penalties

Retention period in

Service

and

Leave

Record Sheet

Written Warning

12 months from the date

of penalty

Suspension without pay 12 months from the date

for a number of days

of penalty

Withholding of increment A period equal to the

for a definite period

withholding of increment,

starting from the date the

withholding expires

Warning of dismissal for A period equal to the

a number of years

validity period of the

warning of dismissal,

starting from the date the

warning of dismissal

expires

Demotion

10 years from the date of

penalty

The period for recording a penalty imposed by the Commission

in cases potentially leading to dismissal or criminal cases, on an

officer’s Service and Leave Record Sheet, shall be determined by the

Commission depending on the nature and gravity of the offence. The

period shall not exceed ten (10) years, unless the officer charged was

placed under an indefinite warning of dismissal, in which case the

penalty would be recorded until the officer concerned reaches 75 years

of age.".

€0.72