DISCIPLINARY PROCEDURE
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Enquiry procedure

» Scope

Public employees appointed or, on a limited executive tenure basis, but not in a management position

» Precondition

» Two consecutive negative performances appraisals

» It excludes the blame the lack of appropriate training after the first negative appraisal

» Competence to initiate

Top manager of the service

» Time limit

The procedure expires 3 months after the initiation if, in that time limit is not submitted for decision

» Appointment of the examining officer

» The top manager of the service shall be responsible for the appointment or, at his/her request, the top manager of other service shall be responsible for it

» Only may be appointed a manager who has never appraised the public employee

» Examination

» Joining of all documents regarding the public employee’s appraisal and training

» Compulsory hearing of the public employee

» Compulsory hearing of appraisers who have intervened in the negative appraisals

» Should it be impossible, the examining officer justifies the fact in the report and describes the steps undertaken

» Compulsory hearing of witnesses indicated by the accused, within the limit of 3

» Joining of documents indicated by the accused

» Time limit of examination’s completion

20 days

» Drawing up of the report

» Time limit: 10 days

» Content: summary of facts and their weighting, qualification and seriousness, and submission of a concrete proposal

» Proposal

» Filing

» Initiation of a disciplinary procedure

» Decision

Competence: top manager or, if this one has been appraiser, the member of the Government

» Initiation of a disciplinary procedure

» A disciplinary procedure is initiated

» Initiation of a procedure by converting the inquiry or investigation into the examination phase