Chapter 11: Disciplinary Procedures - Disciplinary Powers

1100. The power to exercise disciplinary control over persons holding, or; acting in any public office is vested in The Governor General acting in accordance with the advice of the Public Service Commission.
1101. Any case not covered by the General Orders in this Chapter or the Regulations contained in The Public Service Commission Regulations, must be reported to the Permanent Secretary of The Public Service, who will refer to The Public Service Commission for direction on procedure.
1102. The following powers have been delegated by The Governor General to Permanent Secretaries, and in the case of Departments that have not been integrated within Ministries, to Heads of Departments:

1. to remove any non-pensionable officer from any office specified in Part I of the First Schedule to The Public Service (Delegation of Powers) Order, and to exercise disciplinary control over any such officer holding such office, save in any case where the officer has been convicted on the same facts of a criminal offence;
2. to grant, defer, or; withhold an increment of any officer serving in any such office.

1103. Whenever an officer exercises any of the powers delegated to him as in General Order 1102, he must without delay, make a report in duplicate to the Permanent Secretary of The Public Service and a copy of such report will be forwarded to The Public Service Commission.
1104. The power to require any officer to retire in the public interest is not delegated.
1105. The Governor General, acting on the recommendation of The Public Service Commission, may resume the exercise of any of the powers delegated as in General Order 1102.
1106. Where, in accordance with The Public Service Commission Regulations and The Public Service (Delegation of Powers) Order, a Head of Department authorizes or recommends to the Permanent Secretary or the Permanent Secretary of The Public Service disciplinary proceedings against an officer, he must inform The Public Service Commission of the action authorized or recommended, and he must ensure that The Commission is kept informed at each stage of the proceedings. Not withstanding any delegation of powers, The Commission may, at its discretion, initiate disciplinary proceedings or discontinue them.

Preliminary Action

1110. All acts of misconduct (defined in General Order 1041) by public officers shall be dealt with in accordance with the provisions of The Public Service Commission Regulations and in accordance with the procedure laid down in this Chapter as soon as possible after the time of their occurrence. The value of disciplinary action is largely lost unless the correct procedure is followed exactly and unless such action is taken without delay at all stages. The attention of all officers concerned in disciplinary action is drawn to the particular importance of dealing with the very minimum of delay with all papers referred to them or initiated by them in disciplinary cases.
1111. It is the duty of every supervising officer as soon as he observes any fault, or; short coming in a public officer subordinate to him, to give that person oral notice of the fault, or; shortcoming and bring it to the attention of the Head of Department.
1112. As soon as it comes to the notice of the Head of Department that the work or behaviour of an officer in his Department is unsatisfactory, but he does not consider that the unsatisfactory work, or; behaviour clearly amounts to misconduct, he shall inform the officer, in writing, of the details of the fault, or; shortcoming, and require him to remedy it.
1113. Similarly, if it is proposed to terminate an officer's appointment for inefficiency, he must be warned of his failings and given an opportunity to improve or to offer an explanation of his failure to perform his duties efficiently.
1114. After considering such written representation as the officer may make, the Head of Department will decide whether:

1. the officer has exculpated himself, in which case the Head of Department will so inform him, or;
2. the officer has not exculpated himself, but no immediate punishment is warranted, in which case the Head of Department will issue an appropriate formal written warning, and require the officer to acknowledge its receipt in writing, or;
3. the officer has not exculpated himself, and appears to deserve some punishment, in which case disciplinary proceedings will be instituted.
   

Interdiction

1120. It is the duty of a supervising officer who becomes aware of the misconduct of an officer subordinate to him to report it to his Head of Department, who shall investigate the matter, and if circumstances warrant, bring the matter to the attention of his Permanent Secretary.
1121. Where a Permanent Secretary or Head of Department who is empowered to dismiss an officer considers that the interests of The Public Service require that such officer should cease to exercise the powers and functions of his office, he may, in accordance with Regulation 37(l) of The Public Service Commission Regulations', interdict him from the exercise of those powers and functions. It is desirable that letters of interdiction should take the form given at Appendix B.
1122. If an officer is one in respect of whom the power of dismissal is not delegated, the Permanent Secretary will report the matter to the Permanent Secretary of The Public Service with his recommendations, and the Permanent Secretary of The Pubic Service in exercise of the powers delegated to him by The Governor General may or may not interdict.
1123. An officer who is interdicted, will receive such emoluments not being less than one half, as the appropriate authority at General Order 1121 or 1122 shall think fit:
provided that an officer adjudged by a Court to be guilty of a criminal charge serious enough to warrant dismissal will receive such emoluments, if any, as The Public Service Commission shall think fit, with effect from the date of such judgement;
provided also that if the judgement of guilty is quashed on appeal by any Court, the emoluments withheld from the officer shall forthwith be restored to him.
1124. An officer under interdiction may not leave The Bahamas without the permission of the officer that interdicted him, or; of any superior officer having authority over the interdicted officer.
1125. Pending a decision as to interdiction, the officer may, if it is considered necessary in the public interest, be prohibited by the Permanent Secretary or by the Head of Department, where there is no post of Permanent Secretary, from carrying on his duties, but he may not be deprived of any portion of his emoluments.
1127. An officer who has been interdicted must keep his Department informed of the address at which instructions to him can be delivered; if he fails to comply, within twenty-four hours, with instructions delivered to such address he will be regarded as absent from duty without permission.

Penalties

1132. If on completion of proceedings instituted for the dismissal of an officer, the authority empowered to dismiss him is of the opinion that the officer does not deserve dismissal but that the proceedings disclose grounds for removing him on account of general inefficiency in the performance of his duties, he may, recommend his removal from The Public Service on such grounds.
1133. A public officer who is dismissed forfeits all rights to retiring benefits and is not entitled to leave, or; free transport facilities.
1134. An officer whose appointment is terminated for in-efficiency is eligible for such retiring benefits as may be permitted under The Pensions Legislation. The retiring benefits for such officers may "be either reduced, or; withheld with the approval of The Public Service Commission. Such officers will be eligible for leave and transport facilities as if they had retired.
1135. The payment of all non-pensionable allowances is conditional upon the efficient performance of duties, and in any case in which no other disciplinary action is considered appropriate, The Governor General, acting in accordance with the recommendations of The Public Service Commission, or; any officer exercising delegated powers, may withhold, or; withdraw any such allowance in respect of any officer whose performance of his duties is found to be unsatisfactory.
1136. Action for reduction in rank, or; reduction in salary may be taken for any cause, where a decision is taken to apply a lesser penalty than dismissal, and in particular for in-efficiency.
1137. The penalty that may be imposed and the procedure that is to be followed, in the case of an officer absent from duty without leave, is stated at Regulation 49 of The Public Service Commission Regulations and at General Order 1644.
1138. In making a recommendation for the deferment, or; withholding of an increment, the Head of Department and Permanent Secretary shall take into account the gravity of the original misconduct, or; dereliction of duty, if any, and the nature of the officer's subsequent behaviour, or his present degree of efficiency, and they shall bear in mind that:

1. "deferment" is to be applied when, for any reason it is thought desirable to reserve judgment and allow for reformation, or otherwise; it is in the nature of a warning and provides the opportunity for the Head of Department and the Permanent Secretary to reach a conclusion whether or not the officer has fully qualified himself for his increment. If the increment is granted, it is granted retroactively from the date on which it originally became due.
2. "withholding" is what a deferment becomes if it is decided that the increment should not be granted with effect from the date it originally became due. Where an increment has been withheld for a period of less than one year, the person concerned shall be entitled to draw the increased salary as from the day following the close of the period for which the increment has been withheld, and shall be eligible for a further increment on the next incremental date. Where the increment has been withheld for a year, the person concerned shall be eligible for one increment, and no more on the next incremental date.

1139. If a Head of Department is of the opinion that an increment for an officer in his Department should be deferred, or; withheld on the ground of unsatisfactory service during the previous year, or; for failure to pass a prescribed examination, or; he considers that an increment for an officer in his Department that has been deferred, or; withheld should be granted, he must inform the officer concerned and make a confidential report to the Permanent Secretary giving his reasons and action shall be taken as in Regulation 50 of The Public Service Commission Regulations.
1140. Provisions for the grant and resumption of increments following deferment, or; withholding are at General Orders to 1233 to 1235.
1141. Where there are proceedings on a criminal charge 1145. When a preliminary investigation, or; a disciplinary inquiry discloses that an offence against any Law may have been committed by an officer, the empowered officer shall act in accordance with Regulation 32 of The Public Service commission Regulations.
1146. In any case where criminal proceedings are instituted against an officer, proceedings for his dismissal on any grounds involved in the criminal charge shall not be taken until the conclusion of the criminal proceedings and the determination of any appeal there from. (Regulation 33, Public Service Commission Regulations).
1147. An officer who is acquitted of a criminal charge in any Court shall not be dismissed, or; otherwise punished on any charge upon which he has been acquitted, but he may nonetheless be dismissed, or; otherwise punished on any other charges arising out of his conduct in the matter, unless the charges raise substantially the same issues as those on which he has been acquitted. (Regulation 34, Public Service Commission Regulations).
1148. If an officer is adjudged guilty of a criminal charge in a Court the Head of Department shall bring the matter to the notice of the Permanent Secretary who shall report it to the Permanent Secretary of The Public Service. The Permanent Secretary of The Public Service will invite the officer concerned to make any representations he desires in mitigation of the offence, and will forward the report with his recommendations as to penalty and a copy of the charge or charges and of the judgement (and the proceedings of the Court if available) to The Public Service Commission and further action will be taken in accordance with the provisions of Regulation 46 of The Public Service Commission Regulations.
1149. An officer who is adjudged by a Court to be guilty of a criminal charge serious enough to warrant dismissal from The Service shall receive such emoluments, if any, as The Public Service Commission shall think fit, with effect from the date of such judgement. If the judgement of guilty is quashed on appeal by any Court, the emoluments withheld from the officer shall forthwith be restored to him. (Regulation 38 Public Service Commission Regulations).

Disciplinary Proceedings

1155. Proceedings against public officers are set out in detail in Regulations 41 to 47 of The Public Service Commission Regulations 1966.
1156. An officer in respect of whom a disciplinary inquiry is to be held is entitled in accordance with Regulation 35 of The Public Service Commission Regulations to receive a free copy of any documentary evidence relied on for the purpose of the inquiry, or; to be allowed access to it. He may also be given a copy of the evidence (including documents tendered in evidence), after the inquiry is closed; on payment of ten cents for each document tendered in evidence, and a charge of five cents for every hundred words after the first hundred words of the record of evidence for a copy of that record, provided that, no copies of official documents other than those which may be given in evidence at the inquiry, and no recorded reasons for decisions shall be issued to him.

Where disciplinary control has not been delegated - charges warranting dismissal

1157. If an empowered officer considers it necessary to institute proceedings against one of his officers, in respect of whom disciplinary control has not been delegated, on the grounds of misconduct, which if proved would justify dismissal from The Public Service, he will arrange a preliminary investigation, as necessary, and report the facts to the Permanent Secretary of The Public Service.
1158. If he considers that charges should be framed against the officer, the Permanent Secretary of The Public Service will consult the Attorney General, and forward to the officer a statement of the charges preferred against him and, where necessary, a brief statement of the particulars of the allegation upon which each charge is based, and he will call upon the officer to state in writing within a specified time, any grounds upon which he relies to exculpate himself.
1159. If the officer does not reply to the charge in the time stated, or if, in the opinion of the Permanent Secretary of The Public Service, he fails to exculpate himself, The Governor General may arrange for a Committee to be appointed to inquire into the matter.
1160. The Committee will invite the officer, or; it may require him, to appear before it to defend himself.
1161. An accused officer will have the opportunity to be present and to put questions on his own behalf to any witnesses that are examined by the Committee.
1162. No documentary evidence will be used against an accused officer unless he has been previously given a copy thereof or allowed access thereto.
1163. The Committee may permit the Permanent Secretary (or the Head of Department) or the accused officer to be represented by a public officer or by a Union official or by a Legal Practitioner. If the Committee permits one party to be represented by a Legal Practitioner it will permit the other party to be represented likewise.
1164. The decision on each charge will be communicated to the officer concerned, but not the reasons for the decision.
1165. Where the facts giving rise to any charge made against an officer under General Orders 1155 to 1157 are admitted by that officer in writing, the procedure to be followed is set out in Regulation 47 of The Public Service Commission Regulations.

Where disciplinary control has been delegated - charges warranting dismissal

1170. If an empowered officer considers it necessary to institute proceedings against one of his officers, in respect of whom disciplinary control has been delegated, on grounds of misconduct which if proved would warrant dismissal from The Public Service, he must:

1. arrange such preliminary investigation as he may deem to be necessary;
2. forward to the officer concerned a written statement of the charges made against him;
3. call upon him to state in writing, within a reasonable specified time, any grounds upon which he relies to exculpate himself.

1171. If the accused officer does not avail himself of the opportunity, or; if in the opinion of the empowered officer he fails to exculpate himself, then the empowered officer may dismiss the accused officer, or; impose such lesser penalty as he considers appropriate.

Where disciplinary control has not been delegated - charges warranting penalty less than dismissal

1175. If an empowered officer considers it necessary to institute disciplinary proceedings against one of his officers in respect of whom disciplinary control has not been delegated, on grounds of misconduct that are in his view not serious enough to warrant dismissal, he must investigate the matter as he thinks proper, or; ask the Permanent Secretary of The Public Service to arrange an investigation. In either case, the accused officer must be in formed of the whole case against him and be provided with an adequate opportunity of making his defence.
1176. If as a result of the investigation referred to in General Order 1175 the empowered officer is of the opinion that the allegation is proved, he must report the case to the Permanent Secretary of The Public Service with his recommendation and the Permanent Secretary of The Public Service will forward the report, with his recommendation as to the penalty, to The Public Service Commission.
1177. The Permanent Secretary of The Public Service will convey to the officer the decision on each charge, but will not give the reasons for the decisions.
1178. If at any stage during disciplinary proceedings it appears to the Permanent Secretary of The Public Service that the offence if proved would justify dismissal, or; he considers that the offence if proved would more suitably call for proceedings for the retirement of the officer from The Service on the grounds of public interest, the proceedings will be discontinued and the procedure in General Orders 1157 to 1164, or; in General Order 1190, as the case require, shall be followed.
1179. Where the facts giving rise to any charge made against an officer under General Orders 1175 to 1178 are admitted by that officer in writing, the procedure to be followed is that set out in Regulation 47 of The Public Service Commission Regulations.
 

Where disciplinary control has been delegated - charges warranting penalty less than dismissal

1185. If an empowered officer considers it necessary to institute disciplinary proceedings against one of his officers in respect of whom disciplinary control has been delegated, on grounds of misconduct that are in his view not serious enough to warrant dismissal, he must investigate the matter as he thinks proper; but so that the accused officer shall be entitled to know the whole case against him and shall have an adequate opportunity of making his defence.
1186. If as a result of the investigation referred to in General Order 1185 the empowered officer is of the opinion that the allegation is proved he shall inflict such penalty authorized under The Public Service Commission Regulations, other than dismissal, as he thinks in the circumstances to be proper.
1187. The decision on each charge preferred against the officer shall be communicated to him by the empowered officer, but the reasons for the decisions will not be given.
1188. If, at any stage during disciplinary proceedings it appears to the empowered officer that the offence, if proved, would justify dismissal, or; he considers that the offence, if proved, would more suitably call for proceedings for the retirement of the officer from The Service on the grounds of public interest, the proceedings will be discontinued, and the procedures in General Orders 1170 and 1171, or; in General Order 1190 shall be followed.

Proceeding for retirement in the public interest

1190.The procedure for retiring an officer in the public interest as a disciplinary measure is set out in detail in Regulation 45 of The Public Service Commission Regulations and at General Orders 728 to 731.
 

Appeals

1195. An officer, other than an officer on hourly or daily rates of pay, or; who has completed less than 52 weeks continuous service on weekly rates, may appeal under Regulation 36 of The Public Service Commission Regulations to The Governor General through The Public Service Commission, against a penalty imposed by an empowered officer as a result of disciplinary proceedings. The Commission will make a recommendation to The Governor General in relation to the appeal.
1196. No appeal will be entertained unless it is received within one month of the date the decision was addressed to the officer, but The Commission may entertain an appeal out of time if, in the opinion of The Commission the circumstances warrant it.
1197. Only one such appeal is allowed, but a second appeal within one year of the date the decision appealed against was addressed to the officer, may be admitted if The Commission is satisfied that the second appeal contains new and material facts which might have affected a former decision, and if adequate reasons are given for the nondisclosure of such facts at an earlier date.
1198. When a decision is addressed to an officer; he will be informed that an appeal may be lodged within one month thereafter, but the decision will not be invalidated if the right of appeal is not communicated to him.