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
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