General Orders of the Turks and Caicos Islands Public Service ...

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General Orders of the Turks and Caicos Islands Public Service - 1998 EditionCHAPTER 4DISCIPLINEOrder 4.1General4.1.1 The powers vested in the Governor by the Constitution to exercise disciplinary control overOfficers are delegated in accordance with the Public Service (Delegation of Powers) Regulations 1997.'The provisions of this Chapter are intended to be supplementary only to the provisions of thoseregulations.Order 4.2Contract Officers4.2.1 Where it is considered necessary to institute disciplinary proceedings or proceedings for theremoval from the Public Service in the public interest against a Contract Officer, whether having beencharged or convicted of a criminal offence or otherwise, the proceedings shall be in the formappropriate to an Officer as described in these Orders.Order 4.3 Disciplinary procedure4.3.1 This procedure will apply to all Officers in the Public Service in relation to their conduct orperformance and is described in the Public Service (Delegation of Powers) Regulations 1997.4.3.2 'The primary purpose of this procedure is to ensure that Officers are helped to correct poorbehaviour or performance and to become worthwhile members of the Public Service. Where thisproves impossible then the secondary purpose of this procedure is to ensure that such unsatisfactoryOfficers do not remain in Public Service employment.4.3.3 A disciplinary niatter is where an Officer's conduct or performance falls short of expectedstandards. Guidance on standards of conduct and performance are set out or referred to in these Orders.An Officer may not avoid disciplinary action merely because tire standard of conduct or performanceis not written down or referred to in these Orders.4.3.4 Misconduct includes contravention of these Orders or contravention of lawful instructionsgiven by or on behalf of responsible Officers or the Chief Secretary. Some provisions of these Ordersmake specific reference to Officers being liable to disciplinary action if the provisions of the Ordersare breached or riot adhered to. Such specific references do not imply that the breach or non-adherenceto an Order that does not contain such a specific reference will not result in liability to disciplinaryaction. Any breach of Orders may render an Officer liable to disciplinary action.4.3.5 When a disciplinary matter arises, the Unit Manager of the Officer concerned should firstestablish the facts before recollections fade, taking into account and recording the statements of anyavailable witnesses and noting and collecting any documentary evidence. The Unit Manager shouldarrange a disciplinary hearing as soon as reasonably practicable. Normally this would be within 7 daysfollowing the disciplinary matter but not before all of the relevant evidence is available for discussionand consideration.4.16 It is the responsibility of all Officers to notify Unit Mangers of all cases where they are awarethat misconduct by another Officer may have taken place.18
General Orders of the Turks and Caicos Islands Public Service - 1998 Edition4.3.7 An oral warning should be considered for the purpose of improvement if an Officer is found tohave committed a minor infringement of established standards of conduct or performance. The Officershould be advised that the warning constitutes the first stage of the disciplinary procedure.4.3.8 A written warning should be considered for the purpose of improvement if an Officer is foundto have committed a second minor infringement of established standards of conduct or performancewithin twelve months of an oral warning, or for a more serious infringement that does not warrant afinal warning, with dismissal the next step. The Officer should be advised that the written warningconstitutes the second stage of the disciplinary procedure.4.3.9 A final written warning should be considered for the purpose of improvement if an Officer isfound to have committed a second minor infringement of established standards of conduct orperformance within twelve months of a written warning or for a more serious infringement that doesnot warrant dismissal. The Officer should be advised that the final warning constitutes the third andfinal stage of the disciplinary procedure and that if the misconduct or poor performance continueswithin twelve months of the final warning he or she shall be liable to be dismissed.4.3.10 Dismissal should be considered if an Officer is found to have committed a second minorinfringement of established standards of conduct or performance within twelve months of a finalwarning or for gross misconduct or gross negligence or permanent inability to perform the job.4.3.11 Details of all disciplinary action should be given in writing (in the case of an oral warning acopy of the record for the file) to the Officer. The recommended forms for recording and issuingwarnings are available from the Chief Secretary's Office and are given at Appmdix E. At the same timethe Officer should be told of their right to appeal, how to make it and to whom.4.3.12 All warnings should contain guidance for the Officer in respect of the standards of conduct andperformance that are considered acceptable, and where appropriate, details of what the Officer shoulddo to reform. Space for this is included on the recommended form.4.3.13 Criminal or civil proceedings can be instituted against Officers at any time irrespective of thedisciplinary procedure, but where criminal proceedings are instituted no disciplinary proceedings uponany grounds arising out of the criminal charge shall be taken or continued until after the court hasgiven judgement and the time allowed for an appeal against the judgement has expired; and where anOfficer after conviction has appealed, no disciplinary proceedings shall be taken or continued untilafter the withdrawal or dismissal of the appeal.4.3.14 Records will be kept of all disciplinary procedures, action taken and warnings given. Officerswho have been or who are still subject to disciplinary hearings or disciplinary action under thisprocedure shall be entitled to free copies of or to be allowed access, to any documentary evidencerelied upon.19
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