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Disciplinary Authority

The latest delegation of authority is the Instrument of Delegation of 1 November 1999 (Government Notice 831 of 1999 published in the Malta Government Gazette No. 16,861 of 5 November 1999). The delegated disciplinary authority saves certain powers granted to the Commissioner of Police and the Director, Correctional Services, and is exercised in terms of the Public Service Commission (Disciplinary Procedure) Regulations, 1999 (Legal Notice 186 of 1999). The Delegation and the Regulations came into force on 1 February 2000.

The Disciplinary Regulations

The current Disciplinary Regulations give Heads of Department expanded disciplinary powers.  In particular, the Regulations provided for the expeditious processing of disciplinary cases and for the application of scheduled penalties related to minor and serious offences, including the dismissal of employees who commit four minor offences within a period of 24 months.  This is balanced by procedural safeguards, including the investigation by an impartial Disciplinary Board, the employees? right of appeal to the PSC, the retention by the PSC of the powers to dismiss and the possibility of withdrawal of the delegation if it is abused or misused.

Role of MPO

Although Management and Personnel Office is no longer directly involved in the disciplinary process, it still has the important role of monitoring that the Regulations are applied properly by line departments and that the Delegation is exercised responsibly. To this end MPO offers advice, training and instructional material to line departments.

Salient Points

The following are the salient points of the Disciplinary Regulations:

• Disciplinary power has been delegated to all Heads of Department who will issue all charges, appoint an independent Disciplinary Board to hear the case, and deliver the penalty, excluding dismissal.

• All officers in charge of other officers have the power to admonish other officers of whom they are in charge, and keep a record of the admonishment, which is cancelled after 6 months from the date it is administered. A report is made to the Head of Department if an officer is admonished on 3 occasions in 6 months.

• A Head of Department may issue a written warning to officers after allowing them the opportunity to reply. This written warning is cancelled after 12 months.

• An officer shall report to the Head of Department any offence committed by an officer under his responsibility not later than 5 working days after he becomes aware of it.

• The officers charged may petition the PSC if there are serious grounds that any member of the Disciplinary Board may be prejudiced against them.

• Both the officer and the Head of Department are entitled to be assisted/represented before the Disciplinary Board by any person of their choice.

• The officers charged must have access to all documentary evidence to be used against them and have the right to make representations on the findings of the Board to the Head of Department/PSC in case of dismissal.

• Every officer may appeal to the PSC against the penalty awarded by the Head of Department in all serious cases, cases where there is a warning of dismissal and all cases where there is serious disregard of the procedures which prejudiced the case.

• The statement of charge should indicate whether the case is considered as minor, or serious or may lead to dismissal. The penalties are awarded accordingly.

• The penalties for Minor Cases are:

a) First case:    Written warning (will lapse after 12 months if no other offence is committed)

b) Second case:   Suspension without pay up to 3 days

c) Third case:   Suspension without pay up to 5 days and a warning of dismissal

d) Fourth case:  Dismissal

No account is taken of cases which occurred prior to 24 months.

The penalties for Serious Cases are:

a) Suspension without pay up to 5 day

b) Suspension without pay up to 5 days and warning of dismissal

c) Dismissal

Penalty at (a) may not be awarded for more than 2 serious cases.

Officers who absent themselves without leave for 10 consecutive working days are considered as having resigned with effect from the 11th day after they have been notified and no justifiable reasons are received for their absence.