Chapter 10: Pecuniary Embarrassment

1000. The efficiency of a public officer must be regarded as gravely impaired and the value of his services seriously diminished if, from any cause whatever, he becomes financially embarrassed. Heads of Departments are responsible for reporting to The Permanent Secretary of The Ministry, or; to The Permanent Secretary of The Public Service direct where there is no Permanent Secretary, any case in which it appears that an officer is suffering from serious pecuniary embarrassment.
1001. If such embarrassment is caused by imprudence or other reprehensible cause, it will be held to be an offence as affecting the respectability of The Service and the trust worthiness of the individual. The officer concerned will be considered to have forfeited that honourable position in The Service which is necessary to give him a claim to promotion or increments. These benefits will not be permitted to accrue to him again until he has relieved himself from the discredit of his position. In any aggravated case of this description, the officer concerned will be liable to dismissal and the onus will rest on him to show that the circumstances do not justify the imposition of the full penalty.
1002. An officer will be liable to the consequences mentioned in General Order 1001 if he becomes a party to accommodation bills or promissory notes, under whatever plea, whether for his own purposes, or; for another person, and whether resulting in pecuniary embarrassment or not.
1003. If an officer is adjudicated bankrupt or enters into a composition with his creditors, he will, on the fact being known, be suspended from duty and salary and be liable to be dismissed. He may, however, be reinstated if after examination of all the facts and of the schedule prepared by the Court, The Governor General acting on the recommendation of The Public Service Commission, or where the exercise of disciplinary control has been delegated, the empowered officer, is satisfied that the officer's difficulties have been occasioned by unavoidable misfortune, or; other extenuating circumstances, and not by extravagance or culpable improvidence. An officer against whom proceedings have been started with a view to bankruptcy, or who has filed his petition in bankruptcy or entered into a composition with his creditors must as soon as possible inform the Head of Department of the fact. Failure to do so will render the officer liable to summary dismissal without further disciplinary proceedings being necessary. The Head of Department must notify his Permanent Secretary immediately for submission to The Permanent Secretary of The Public Service, where appropriate of any notification received under the provisions of this General Order and at the same time make any recommendations which he thinks fit.
1004. The Registrar, or; any Magistrate, or; Commissioner must report every case in which proceedings are taken against an officer in bankruptcy and every case in which an officer becomes a judgment debtor, or; has acknowledged any debt in writing, wherever it shall come to their knowledge, to the Head of the Department, or The Permanent Secretary of The Ministry, in which the officer is employed; provided that no judgment debtor need be reported unless seven days have elapsed after judgment and such judgment still remains unsatisfied.
1005. When the fact that an officer has become judgment debtor, or; a party to accommodation bills, or; promissory notes is brought to the notice of The Permanent Secretary, the latter must call upon him to submit a declaration disclosing all his financial liabilities.
1006. An officer against whom a judgment is obtained will at once report the fact to the Head of his Department with a statement of the nature and origin of such judgment, debt or loan, and the proposed arrangements for the repayment thereof. The Head of Department will forward this information to The Permanent Secretary.
1007. In any other case, The Permanent Secretary or Head of Department, if there is no Permanent Secretary, shall take such action as may appear to him to be necessary when an officer becomes peculiarly embarrassed and, if he considers it undesirable that the officer should be retained in The Public Service, he shall in those cases where he has disciplinary powers delegated to him, dismiss the officer, or otherwise, refer the case to The Permanent Secretary of The Public Service with his recommendations for submission, through The Public Service Commission, to The Governor General.
1008. Any officer who becomes so financially involved that he is unable to meet his obligations is required at the earliest possible moment to put a complete statement of the facts of his case before his Head of Department for submission to The Permanent Secretary of The Public Service through The Permanent Secretary of The Ministry.
1009. Any officer who does not immediately on proceedings being taken with a view to bankruptcy, inform his Head of Department of the fact, will, upon its becoming known, be suspended from duty and salary.
1010. The indebtedness of an officer may be taken notice of at any time. In the event of an officer's indebtedness becoming excessive he will render himself liable to disciplinary proceedings.
1011. Even though the circumstances may not warrant the interdiction of an officer from duty, in no case may an officer who is so financially involved that he is unable to meet his obligations continue to be employed on duties involving the handling of Public Money.
1012. No officer shall borrow at interest from, or; make any loan at interest to, any Government servant, or; borrow from, or; lend money to, any Government servant, in return for payment of a larger sum, or; any other valuable consideration whatever, or; shall act as intermediary between any Government servant and a money lender, or; shall take any part in collecting debts on behalf of a money lender. In particular, no officer shall borrow money from a subordinate officer, and no officer shall lend money to a senior officer. Heads of Departments are responsible for reporting to The Permanent Secretary of The Public Service through The Permanent Secretary of The Ministry any officer who is known to be contravening these rules and such an officer will render himself liable to disciplinary action.
1013. If an officer finds himself in financial difficulties he may seek advice on the means of liquidating his indebtedness, in a confidential and private capacity, from The Permanent Secretary of The Public Service. The Permanent Secretary of The Public Service is in a better position to assist officers if they seek his / her advice during a comparatively early stage of indebtedness.

Gifts

1020. Public officers are prohibited from receiving valuable presents (other than ordinary gifts from personal friends) whether in the shape of money, goods, services and other personal benefits, or; in any manner of beneficial transaction, and from giving such presents, or; providing such benefit. This rule applies not only to officers themselves but also to their immediate families, and officers will be held responsible for its observance by their immediate families. It does not apply to cases of remuneration for special services rendered and paid for with the consent of The Government.
1021. The prohibition in General Order 1020 may be relaxed on the occasion of an officer's retirement from the service. In this case, a limitation should be imposed on individual subscriptions and an indication of the value of the presentation which it is proposed to make should be stated.
1022. Money may be subscribed, with the prior approval of The Deputy Prime Minister, with a view to marking public approbation of an officer conduct, or; service, and may be dedicated to objects of public purpose and connected with the name of the officer who has merited such proof of general esteem.
1023. A present given to an officer by the officer, or; representative of a foreign Government, or; a member of a recognized organization in The Bahamas, either official, or; unofficial, which cannot be refused without giving offence, may be accepted, but the fact and the circumstances must at once be reported through The Head of the officer's Department, (or; by the Head of the Department if he is the recipient) to The Permanent Secretary of The Ministry and to The Permanent Secretary of The Public Service and the recipient shall abide by the instructions of the latter as to the disposal of the gift.
1024. If a bribe, or; a present which is not essentially the ordinary gift of a personal friend, is offered, or; given to an officer, or; his family it should be returned immediately to the donors, with an explanation that the acceptance of such presents is not allowed under regulations'. If the return of a present would cause offence and embarrassment, it must be handed over to the Head of Department, who must report the matter through The Permanent Secretary of the Ministry to The Permanent Secretary of The Public Service with such recommendations as he thinks fit. Heads of Departments who are offered, or; given bribes, or; presents of this nature should immediately, and in any case, inform The Permanent Secretary of The Public Service through The Permanent Secretary of his Department. In no case may an officer dispose of such bribe, or; present by forwarding it to a charitable or other organization, unless approval has been given for it to be disposed of in this manner.

Transaction with Government

1030. Except with the prior sanction of The Permanent Secretary of The Public Service, no officer may sell, or; allow to be sold, his private property to Government.
1031. The hiring of property by public officers to Government is prohibited, except with the prior sanction of The Permanent Secretary of The of Public Service.
1032. Crown Land may be purchased by an officer only with the prior permission of The Permanent Secretary of The Public Service. Each request to purchase will be judged in the light of its own circumstances but the following principles will inform the consideration that is given to such cases:

1. The purchase of Crown Land by an officer will not be permitted if there is evidence which indicates that he intends by the purchase to engage in some form of business.
2. A public officer should not, when purchasing Crown Land, have an advantage over, or; be at a disadvantage in relation to, a person outside The Public Service, because of his official position.
3. An application to purchase Crown Land for the purpose of establishing a homestead in readiness for retirement will normally be approved.

Legal Proceedings

1035. No Government servant may institute any civil action in connection with matters arising out of his official duties without first obtaining the approval of The Permanent Secretary of The Public Service and The Permanent Secretary of The Public Service may require a Government servant not to proceed with a civil action. Leave to proceed will be refused only on grounds of public policy, or; on the grounds that the proposed proceedings would be detrimental to the discipline and good repute of The Service.
1036. If an officer is defamed in the Press, or; at a political meeting, in respect of circumstances connected with his official position, and if The Government is defamed by implication, The Government may have an interest in ensuring that the officer concerned is cleared from the amputations. A criminal prosecution by Government for libel is the exception rather than the rule, but it is open to an officer who has been defamed to take proceedings for defamation (whether libel or slander) and it may be in the interest of Government that he should do so. The officer may however hesitate to incur the expenses involved in legal proceedings especially as he will have to pay a "solicitor and client" bill whether or not he recovers any damages and costs awarded from the defendant. In appropriate cases where legal proceedings are instituted with the approval of The Permanent Secretary of The Public Service, Government will give a prior undertaking to refund the whole, or such part as Government considers reasonable, of the final costs incurred by an officer in instituting and maintaining legal proceedings in defamation cases.
1037. The following procedure will apply in cases where proceedings are instituted against Government servants as a result of their official position, or; of an act done ,or; omitted in the course of their official duties:

1. When a criminal prosecution or civil action is instituted against a Government servant as a result of his official position, or; because of an act done or omitted in the course of his official duties, he will be at liberty to apply through his Head of Department or his Permanent Secretary for assistance in his defence.
2. If The Permanent Secretary is satisfied that:
   (a) the act was done or omitted in good faith in the execution of the official duties of The Government servant concerned, or;
   (b) the charge is malicious and is brought solely on account of the official position which The Government servant holds, and;
   (c) it is in the public interest that he should be defended, he will forward the case to The Permanent Secretary of The Public Service for the attention of the Attorney General and request that arrangements be made for The Government servant's defence.
3. If The Attorney General is satisfied that it is proper and just to do so, he will, with the consent of The Government servant concerned, arrange for his defence. The cost of his defence will then be met by Government.
4. If in a civil case in which the defence has been arranged under (3) above, The Government servant loses the case and is condemned in damages, the question of meeting the whole, or; part of the damages from public funds will be considered. If The Government servant is successful in his case, and is awarded costs and/or damages, he will be required to refund to Government the amount of the financial help he received, or; the amount of damages, or; costs recovered, whichever is less.

Miscellaneous

1040. Any act by a public officer which may bring The Service into disrepute must be reported to The Permanent Secretary by the Head of the Department to which the officer in question belongs or is attached.
1041. Misconduct consists of any act contrary either to specific rules or regulations or against the general interests of efficient Public Service. Specific acts of misconduct are set out in this Chapter and in Chapter 9. in addition, disciplinary action can be taken for general misconduct to the prejudice of discipline and the proper administration of Government business, for example, corruption, dishonesty, false claims, the falsification of records or; their suppression, or; failure to keep them, and the like.
1042. Inefficiency cannot be established by a single act of incompetence. Its exact definition must vary with the facts of each case, but it usually consists of a series of acts of omission, incompetence, or; misbehavior, which in themselves are not serious enough to merit proceedings for misconduct, but the cumulative effect of which is to show that a Government servant is not discharging effectively the duties of the office which he holds.
1043. A Government servant who has been, convicted of a criminal offence may be guilty of misconduct. The procedure to be followed in respect of officers convicted of criminal offenses is described in Chapter 11 (Disciplinary Procedure). It is the duty of a Government servant to report to his Head of Department if he has been convicted of any offence.
1044. An officer who absents himself from duty without permission, or; without reasonable cause renders himself liable to be dismissed from The Service. The onus will rest on him to show that the circumstances do not justify such action being taken.
1045. Every Government servant is prohibited from disclosing to any person except when it is in the interests of Government so to do, any article, note, document or information entrusted to him, or; which comes to his knowledge. Similarly, every Government servant is required to exercise due care and diligence to prevent such knowledge from being so disclosed or communicated.
1046. No Government servant is allowed to take extracts, or; copies of minutes or correspondence for his own purpose, unless such correspondence is addressed to him personally; nor will any Government servant be allowed access to records relating to himself except where a document is sent to him expressly for comment or noting.
1047. Any Government servant who willfully refuses to perform his duties or who willfully omits to perform his duties will be liable to disciplinary action.
1048. If at any time the public funds sustain a loss by reason of the neglect or fault of any officer, or; by his disregard of, or failure to comply with, any provision of General Orders', Financial Instructions, Stores Rules, or departmental instructions, he shall be liable to be surcharged up to the amount of the loss. Any sums due or which may fall due to him by Government may be withheld in satisfaction of such surcharge.
1049. Officers are strictly forbidden to give an impression of any official seal to any private person.
1050. Testimonials may not be issued except, in the case of subordinate Government servants, on the appropriate official form, or in respect of domestic servants. An officer may answer an enquiry from a prospective employer about a person by whom he has been named as a personal referee, or give his confidential opinion of a person, if requested, in connection with that person's admission to an academic institution or course of study.
1051. The Government Administrative Officer in Freeport must be informed whenever it is proposed to visit that area or take any action there.
1052. The driving of Government vehicles and plant by a Government servant is strictly prohibited except under the special circumstances detailed in this General Order. Government vehicles and equipment are not insured, and an accident to a vehicle or piece of equipment when being driven or operated by an unauthorized Government servant may result in that person being financially responsible for any damage which occurs, and for third party risks as well. A Government servant may be authorized to drive Government vehicles, or; operate plant only if;

1. he holds a valid driving license, where this is necessary, and;
2. he is specially engaged for the purpose, or;
3. he is covered by sanction from The Permanent Secretary of The Public Service, a Permanent Secretary, a Head of Department or Out Island Commissioner, or;
4. there is an emergency, such as the sudden absence, or; incapacity of an official driver, or; an unexpected journey for which no official driver is available, and he has not had the opportunity to obtain the sanction required under (3) above. He must report the circumstances in writing immediately on completion of the journey, to the officer who would normally authorize the journey in question.

1053. The driving of a Government vehicle without a valid driving license is a disciplinary offence.
1054. It is a serious offence also, unlawfully to carry passengers for payment in Government vehicles.
1055. Heads of Departments must ensure that the provisions of General Orders 1052 to 1054 are brought to the attention of all members of their staff, and it should be explained that failure to observe these requirements may result in dismissal from The Service.