Key Benefits:
ORDINANCE OF THE PRESIDENT OF THE COUNCIL
of 9 April 2009
on the investigation and disciplinary procedure in the civil service
On the basis of art. 130 of the Act of 21 November 2008. o Civil service (Dz. U. Nr. 227, pos. 1505) the following shall be managed:
§ 1. The Regulation provides for the conduct of investigations and disciplinary proceedings in the civil service, including:
1) the conditions for the appointment and dismissal of members of the disciplinary board and of the disciplinary ombudsman and his deputy;
2) how to make changes to the composition of the Disciplinary Board;
3) the scope of the activities of the Disciplinary Officer and his alternates, to clarify the case;
4) the organization and functioning of the Disciplinary Committees and the procedure for conducting disciplinary proceedings;
5) the conditions and method of determining the receivables of the members of the Disciplinary Board, disciplinary advocates and their deputies, witnesses, defenders and experts.
§ 2. Whenever there is a regulation in the regulation:
(1) a disciplinary panel, which shall be understood by the Disciplinary Board of the Office, the Joint Disciplinary Board and the Higher Disciplinary Committee of the Civil Service;
(2) a disciplinary spokesperson shall be understood to mean an ombudsman, a joint disciplinary officer, a spokesperson for disciplinary matters for the persons responsible for the posts of directors-general, ombudsman disciplinary action for disciplinary matters of persons occupying the positions of the voivodship veterinarians and their deputies, and their deputies-if they were appointed.
§ 3. 1. A disciplinary panel may be composed of a person who:
1) has a higher education;
2) have the knowledge and professional experience necessary for the proper performance of the duties of a member of the Disciplinary Board;
3) she was not punished for a crime or a treasury offence;
4) was not punishable by the civil service;
5) do not perform the function of a disciplinary spokesperson.
2. The appointment of the Disciplinary Board shall be subject to the written consent of the person appointed.
3. At least two persons with higher legal education shall be composed of a disciplinary committee of the office and a common disciplinary board.
4. At least three persons with higher legal education should be part of the Higher Disciplinary Board of the Civil Service.
§ 4. 1. The member of the Disciplinary Board refers in the case of:
1) to resign;
2. termination of the employment relationship;
3) to open criminal proceedings or criminal proceedings against him;
4. opening disciplinary proceedings against him;
5) to entrust the function of the Disciplinary Officer.
2. The Member of the Disciplinary Board of the Office and the Joint Disciplinary Board shall also refer to the appointment of a Higher Disciplinary Board of Civil Service.
3. A member of the Disciplinary Board may be cancelled in particularly justified cases, including in the case of:
1) not to perform the duties of a member of the Disciplinary Board;
2) the negligent performance of the duties of a member of the disciplinary board;
3) the conduct of the abrosive dignity of a member of the disciplinary board.
§ 5. 1. In the case of cancellation of a member of the disciplinary board before the expiry of the term of office, the person entitled to appoint a disciplinary committee shall appoint a person fulfilling the conditions set out in § 3.
2. Member of the Disciplinary Board set up in the composition of the Disciplinary Board in the mode specified in the paragraph. 1 shall remain in office until the end of the term of office of the disciplinary board
§ 6. 1. The Disciplinary Ombudsman shall be appointed from among persons who:
1) have a higher education;
2) have the knowledge and professional experience necessary for the proper performance of the duties of a disciplinary spokesperson;
3) were not punished for a crime or a treasury offence;
4) they were not punishable in the civil service.
2. The appointment of the function of the Disciplinary Officer requires the written consent of the person appointed.
§ 7. 1. A disciplinary Ombudsman can be cancelled at any time.
2. The Disciplinary Ombudsman shall refer to:
1) to resign;
2. termination of the employment relationship;
3) to open criminal proceedings or criminal proceedings against him;
4) appointment to the Disciplinary Board.
3. A disciplinary spokesperson shall be exempted from participation in the case if:
1) the case involves him directly, his spouse, relative or duty in the straight line or the person remaining with him in relation to the adoption;
2) made a written request to exclude him from participation in the case.
4. A disciplinary spokesperson may be excluded from participation in the case where there is a prima facie case between him and the blamed or defender of the circumstances not mentioned in the paragraph. 3, which may give rise to doubts as to its impartiality.
5. The exclusion of the disciplinary officer from the participation in the case shall be decided by the person appointing the disciplinary officer.
(6) The appointment and dismissals of a disciplinary officer and the exclusion of a disciplinary officer from participation in the case shall be informed immediately by the competent disciplinary committee.
§ 8. (1) In the notice of initiation of the investigation, a disciplinary spokesperson shall inform the person concerned of the charges referred to it and of the powers conferred on it.
(2) In the course of the investigation, a disciplinary spokesperson should seek to clarify the case in detail and determine whether an act was committed in breach of the duties of a member of the civil service. To this end, he may receive explanations from the person concerned, interview witnesses, consult the experts, examine the documents and carry out, secure and perpetuate the evidence.
3. A protocol or memo shall be drawn up from the evidence carried out in the course of the investigation.
4. In the absence of the person concerned by the investigation, the proceedings shall be suspended until such time as the person concerned may be given an explanation.
(5) Refusal to be heard by the person concerned by the investigation shall not stop the proceedings.
§ 9. In the course of the investigation, the person concerned may:
1) to report the evidence to the Ombudsman and to provide an explanation;
2) view the case file;
3) establish a defender of choice.
§ 10. Upon completion of the investigation, the disciplinary officer shall immediately:
1) notifies the person concerned of the investigation, of the termination of the proceedings, makes available to it the evidence collected, and makes it possible to submit additional explanations;
2. inform the person who recommended the initiation of the investigation, of the findings made.
§ 11. (1) If, as a result of the investigation, the validity of the pleas in law of the pleas in question is confirmed, a disciplinary officer shall draw up a request for disciplinary action and shall immediately direct him, in two copies, to the Disciplinary Board.
2. An application for the initiation of disciplinary proceedings shall include:
1) the name, the PESEL number, the place of work and the official position of the person to whom the investigation was concerned;
2) the precise determination of the act constituting a breach of the duties of a member of the civil service corps, the time, place, manner and circumstances of its committing and the effects of it arising therefrom;
3. the proposed disciplinary penalty;
4) the names and addresses of the witnesses who should be called for the trial, as well as an indication of other evidence;
5) justification.
§ 12. (1) If, as a result of the investigation, there is no confirmation of the merits of the pleas in law of the person concerned, a disciplinary officer shall, with the consent of the person who has directed the opening of the investigation, issue a hearing, the order to discontinue the investigation.
2. The attitude referred to in paragraph 2. (1) A disciplinary spokesperson shall immediately serve the person concerned by the investigation.
§ 13. The Chairperson of the Disciplinary Board shall direct the work of the Disciplinary Board and shall ensure the smooth conduct of disciplinary proceedings and may, for that purpose, issue the Management Board.
§ 14. 1. Upon receipt of the request for the initiation of disciplinary proceedings, the chairman of the Disciplinary Board shall designate the formation of the adjudicatory and directs the case for recognition at the hearing, setting the term of it.
(2) If the reasons for the referral of the case to the Disciplinary Board are to be completed, the Chairman of the Disciplinary Board shall refer the matter to the hearing at the meeting of the formation of the adjudicatory.
3. In the case referred to in paragraph. 2, the Disciplinary Board shall issue a decision on:
1) to give the case to a disciplinary spokesperson in order to remedy the deficiencies in the investigation procedure; or
2) referral of the case to the hearing at the hearing
-which shall be served by the blamed and the disciplinary officer, hereinafter referred to as "the parties".
4. The attitude referred to in paragraph 1 Article 3 (1) should indicate shortcomings in the investigation procedure and specify the time limit for supplementing it, not less than 7 and not more than 14 days from the date of service of the order.
5. At the reasoned request of the Disciplinary Hearing, the Disciplinary Board may specify longer than the 14-day deadline for the deficiency in the explanatory proceedings.
§ 15. If the case has been referred to the hearing at the hearing, the chairman of the disciplinary board shall manage the copy of the application of the disciplinary officer's request for disciplinary action to be served on a copy of the case.
§ 16. 1. A member of the Disciplinary Board shall be exempted from participation in the recognition of the case if:
1) the case involves him directly, his spouse, relative or duty in the straight line or the person remaining with him in relation to the adoption;
2) performed in the case as a witness, expert or disciplinary spokesperson;
3) made a written request to exclude him from participation in the case.
2. The exclusion of a member of a disciplinary committee from the participation in the recognition of the case may also be made on a reasoned request of a disciplinary officer, blamed or his defender, if a firm existence between him and a spokesperson is ardent a disciplinary, blamed or defender of circumstances that may raise doubts about his impartiality.
3. Disabling a member of the Disciplinary Board from participation in the recognition of the case for the reasons referred to in the paragraph. 1, states the chairman of the disciplinary committee.
4. To exclude a member of the Disciplinary Board from participating in the recognition of the case for the reasons referred to in the paragraph. 2, resolves the chairman of the disciplinary committee; if the proposal concerns the chairman of the disciplinary committee, he shall designate a member of the disciplinary committee to participate in the case.
§ 17. 1. The hearing shall be requested by the parties and shall inform the defender of the time limit if it has been established.
2. The call shall be referred to as a disciplinary committee, shall mention the formation of the formation of the adjudicating bench and shall state in what case the nature, place and time of the addressee, and indicate whether its position is mandatory and the impact of the effects on the non-Vicenary.
3. The swelling of the subpoenas should take place at least 7 days before the date of the hearing.
4. The provisions of Chapter 8 of Section I of the Act of 14 June 1960 shall apply for the service of summations and other letters. -The Code of Administrative Procedure (Dz. U. 2000 r. Nr 98, pos. 1071, of late. 1. 1) ).
§ 18. The chairman of the adjudicating bench shall manage the call of witnesses and experts and the presentation of other evidence as indicated in the request for disciplinary action, and in other applications submitted by the parties before the start of the hearing.
§ 19. The chairman of the adjudicating bench shall direct the hearing and shall ensure that the hearing is correctly carried out.
§ 20. 1. The hearing shall begin reading by the spokesperson of the disciplinary request for disciplinary action, after which the chairman of the adjudicating bench shall ask the person to question whether he/she admits to the alleged act, and shall call upon him/her to to provide explanations. Subsequently, the disciplinary committee shall carry out the inquiry.
2. The requests and statements of the parties shall be made in writing or orally, to the protocol.
3. The disciplinary committee may, for important reasons, order a break in the trial for a period of not more than 48 hours.
§ 21. 1. The disciplinary committee may call upon and interrove witnesses and experts.
2. If a witness or expert cannot present himself because of an obstacle too difficult to remove, the disciplinary committee may order his hearing to the member of the adjudicatory bench. The parties may take part in the hearing.
§ 22. 1. The Disciplinary Board should comprehensively collect and comprehensively examine the evidence.
2. The object of the evidence is the facts of importance for the resolution of the case.
3. Facts commonly known do not require proof. The same applies to the facts known to the Disciplinary Board of its own motion, but attention should be paid to the parties ' attention.
§ 23. 1. In the course of disciplinary proceedings, the evidence may be submitted.
2. In the application of evidence, the indication of the evidence shall be given and shall specify the circumstances to be proved, and the proposed method of carrying out the proof may be specified.
3. The disciplinary committee may dismiss the request of proof if:
1) the circumstance to be proven does not matter to the case;
2) the circumstance to which the evidence is requested has already been proven in accordance with the applicant's claim;
3) the proof is unsuitable for a statement of the circumstances;
(4) the request of evidence is clearly intended to extend the procedure;
5) proof shall not be carried out.
(4) The grounds for dismissal of the evidence cannot be that the evidence provided so far indicates that the facts are different from those which the applicant intends to prove.
5. The revalidation of the evidence does not preclude the later release of the evidence, even if no new circumstances have been revealed.
§ 24. 1. The disciplinary committee shall postpone the hearing in the case of:
1) failure of the disciplinary ombudsman;
2) justified failure of the blamed non-law;
(3) a non-vibration of the blame which has not been properly served;
4) changes in the formation of the adjudicatory.
2. The disciplinary commission may postpone the hearing in the event of a failure to present a witness or expert or for another valid reason.
3. If the sentencing composition has changed, the postponed hearing shall be carried out from the beginning, unless the chairman of the formation of the adjudicatory, with the consent of the parties, manages its continuation.
4. The disciplinary committee may postpone the hearing for a period of not more than 30 days.
§ 25. Disciplinary action shall be given by the Disciplinary Board to disciplinary action if:
1) the ratio of the worded work has ceased;
(2) a statute of limitations has expired;
3. in the case of the same act, a final decision or a decision of a disciplinary committee or on the same case and against the same blamed shall be given before the disciplinary board of the proceedings previously initiated;
4) there are circumstances excluding, by virtue of the law, a ruling in the case.
§ 26. 1. If, on the basis of circumstances which have not been disclosed only in the course of the hearing, a disciplinary spokesperson has alleged the blamed other act in addition to the covered application for disciplinary action, the disciplinary committee shall suspend the proceedings, unless, with the consent of the parties, it will recognize the case at the same hearing, in scope extended to new allegations.
2. In the case of suspension of proceedings for the reason referred to in the paragraph. 1. A disciplinary spokesperson shall, within 10 days, supplement the request for disciplinary action; the provision of § 8 (1) shall be completed. 1 shall apply mutatis mutandis.
§ 27. The hearing shall terminate the speeches of the parties and the defender, with the final vote being given to the blamed. The chairman of the adjudicating bench shall close the hearing.
§ 28. 1. At the end of the hearing, immediately after the closing of the hearing, a deliberation shall begin, in which only the members of the adjudicatory shall participate
2. The course of the deliberations and voting on the decision shall not be subject to disclosure.
§ 29. 1. After the closure of the hearing and the holding of the deliberation, the chairman of the adjudicating bench shall announce the decision, citing the most important motives of the statement of reasons.
2. In cases of particularly intricate notice, the decision may be postponed for a period not exceeding 7 days from the date of the closure of the hearing.
§ 30. 1. The disciplinary committee shall measure the penalty, taking into account the degree of fault and the type of act constituting a breach of the duties of a member of the civil service corps, its effects and the conduct of the conduct blamed before committing the act constituting the infringement the duties of a member of the civil service corps and after it has been committed.
2. The disciplinary committee shall adjudicate by a majority of the votes; in the case of notification of a separate sentence, it shall be attached to the case file.
§ 31. 1. The disciplinary committee shall rule on:
1) acquitted of the alleged act of violation of the duties of a member of the civil service corps;
2) a recognition of the guilty of committing an act which constitutes a breach of the duties of a member of the civil service corps and the extinction of one of the disciplinary penalties;
3) remission of disciplinary proceedings.
2. In cases initiated pursuant to Article 115 (1) 3 of the Act of 21 November 2008. on the civil service of the Disciplinary Board of the Office or a joint disciplinary board of the following:
(1) to maintain a letter of reminder in the form of a written penalty;
2) the acquitted of an alleged act of violation of the duties of a member of the civil service corps.
§ 32. 1. The ruling shall include:
1) the designation of the Disciplinary Board which issued them, and the names of the members of the formation of the formation of the adjudicatory and the disciplinary officer;
2) the date and place of recognition of the case and the issuance of the decision
3) the name of the blamed, his/her place of work and his/her business position;
4) a description of the act constituting a breach of duties of a member of the civil service body;
5) the judgment of the guilty verdict and the settlement of the sentence with the administration of the legal qualification or the recognition of the innocent.
2. The decision shall be accompanied by factual and legal reasons.
3. All members of the formation of the adjudicatory shall be signed by the judgment together with the reasons for the decision.
4. The judgment of the Disciplinary Board issued in the First Instance shall be entitled to the date of expiry of the time limit laid down in Art. 126 (1) 7 of the Act of 21 November 2008. o the civil service, unless an appeal has been lodged.
5. The decision of the Higher Disciplinary Committee of the Civil Service issued in II instance shall be entitled to the date of expiry of the period for lodging the appeal to the appellate court-the court of work and social security, unless the appeal is lodged.
§ 33. 1. A protocol shall be drawn up from the course of the hearing, which shall be signed by the chairman of the adjudicating bench.
2. The chairman of the adjudicatory bench may order the fixation of the course of the trial by means of a sound recording device, regardless of the preparation of the protocol, of which the participants of the hearing are prejudiced. A transcript can be included in the protocol from the course of the hearing.
§ 34. The Higher Disciplinary Commission shall consider an appeal against the decision of the Disciplinary Board issued in I of the Instance, within the limits of the pleas raised in the appeal.
§ 35. Upon receipt of the appeal, the chairman of the Higher Civil Service Disciplinary Board shall designate the formation of the adjudicating bench and shall refer the case to the hearing at the hearing, setting a time limit for the hearing.
§ 36. 1. After the hearing, the Higher Civil Service Disciplinary Board shall rule on:
1) to maintain in force a decision of the disciplinary committee, issued in I instance;
2) to amend the decision of the Disciplinary Board, issued in I instance, in whole or in part, or
3) repeal of the decision of the Disciplinary Board, issued in I instance, in whole or in part.
2. If the evidence collected by the disciplinary panel adjudicating in the first instance does not permit the issue of one of the decisions referred to in the paragraph. 1, Higher Disciplinary Commission of the Civil Service shall rule on the repeal of the decision of the Disciplinary Board issued in the I instance and the referral of the case for retrial.
§ 37. Organisational and office support:
1. the Disciplinary Board of the Office and the Disciplinary Office of the Office shall ensure that the office
2. a joint disciplinary board and a common disciplinary officer, shall ensure the office as defined in the agreement of the Directors-General of the offices of the Joint Disciplinary Board or the Disciplinary Joint-Office;
3) the Higher Disciplinary Board of the Civil Service and a disciplinary spokesperson for the disciplinary cases of persons occupying the positions of directors of general offices-shall be provided by the Chancellery of the Prime Minister;
4) a disciplinary spokesman for the disciplinary cases of persons occupying the positions of voivodship veterinarians and their deputies-shall be provided by the Main Veterinary Inspectorate.
§ 38. Members of the composition of the formation of the disciplinary board and the disciplinary ombudsman who have appeared for the trial shall be entitled to:
1. diets,
2) reimbursement of travel expenses
-in accordance with the provisions on claims for workers employed in a State or local government unit of the budget sphere for official travel within the territory of the country.
§ 39. Witnesses, appointed defenders and experts who took part in the hearing shall be entitled to reimbursement of the costs of the journey in accordance with the provisions referred to in § 38.
§ 40. The Regulation shall enter into force after 14 days from the date of the announcement. 2)
President of the Council of Ministers: w z. G. Schetyna
|
|
1) Amendments to the text of the single law have been announced in the Dz. U. of 2001. Nr 49, poz. 509, of 2002. Nr 113, pos. 984, No. 153, pos. 1271 and No. 169, pos. 1387, 2003 Nr 130, pos. 1188 and No. 170, pos. 1660, 2004 Nr 162, pos. 1692, 2005 No. 64, pos. 565, Nr. 78, pos. 682 and No. 181, pos. 1524 and 2008 No. 229, item. 1539.
2) This Regulation was preceded by a Regulation of the President of the Council of Ministers of 21 December 2006. on the investigation and disciplinary proceedings in the civil service (Dz. U. No 246, pos. 1798), which is repealed with effect from the date of entry into force of this Regulation on the basis of art. 207 para. 2 of the Act of 21 November 2008. o Civil service (Dz. U. Nr. 227, pos. 1505).
