Schedule 8: Public Service Commission Regulations | Constitution of St. Kitts and Nevis

Official text · word for word

(Section 77(12))

PUBLIC SERVICE COMMISSION REGULATIONS

1. Short title.

These Regulations may be cited as the Public Service Commission Regulations.

2. Interpretation.

In these regulations, unless the context otherwise requires,

(a) “acting appointment” means the temporary appointment of a person or officer whether on promotion or otherwise to an office whether that office is vacant or not;

(b) “appointment” means the placing of a person in an office in the public service including appointments on contract;

(d) “Constitution” means the Saint Christopher and Nevis Constitution Order 1983;

(e) “member” means a member of the Commission and includes the Chairman;

(f) “public office” means any office of emolument in the public service;

(g) “public officer” means the holder of any public office and includes any person appointed to act in any such office;

(h) “the public service” means the service of the Crown in a civil capacity in respect of the Government of Saint Christopher and Nevis subject to the provisions of section 119 of the Constitution;

(i) “regulation” means one of these regulations.

3. Oath of office.

A member of the Commission shall, upon appointment and before entering upon the duties of his or her office, take and subscribe the oath of allegiance and the oath of office in the form set out in Schedule 4 of the Constitution.

4. Oath of officer of the Commission.

The Secretary to the Commission and every other person appointed to the staff of the Commission shall, before entering upon the duties of his or her office, take and subscribe the oath set out in the Schedule to these regulations.

5. Procedure and meetings.

(1) The Commission shall meet as often as may be necessary for the purpose of performing its functions, and meetings shall be held at such times and places as the Commission shall determine.

(2) The proceedings of the Commission shall be held in private.

(3) Three members shall constitute a quorum.

(4) All decisions at a meeting of the Commission shall be by a majority of the votes of the members present and voting provided that any decision of the Commission shall require the concurrence of a majority of all its members.

(5) The Chairperson at any meeting of the Commission shall have an original vote and in the event of an equality of votes he or she shall have as well a casting vote.

6. Decisions other than at a meeting.

(1) Notwithstanding the provisions of regulation 5, decisions may also be made by the Commission without a meeting upon circulation of the relevant papers among the members or by informal discussion between any of them including the Chairperson.

(2) Members may notify their opinions on the matter or question in writing or by telephone or word of mouth, and if in any such case a difference of opinion arises among the members or any member so requires, the matter or question shall be reserved for discussion at a meeting.

(3) Decisions made under this Regulation shall be brought up for noting at the next meeting of the Commission.

7. Record of meetings and decisions.

(1) Minutes shall be taken of all decisions arrived at a meeting or noted under regulation 6 and shall be duly confirmed at a subsequent meeting.

(2) Any member who dissents from a decision may require that his or her dissent and reasons for dissenting be recorded in the minutes.

(3) The Commission shall furnish the Governor-General with copies of the Minutes of their meetings.

8. Consultation with other persons.

The Commission in considering any matter or question may consult with any such public officer or other person as the Commission may consider it proper and desirable so to do and may request any public officer to produce any official documents relating to that matter or question, to provide relevant information or to attend and give evidence on oath or otherwise before it.

9. Principles of selection for appointments.

(1) For the purpose of exercising its functions in relation to appointments whether substantive or acting, the Commission shall (without prejudice to its right subject to section 78 of the Constitution to consider the application of every person whether or not in the public service) consider the claims of all public officers eligible for appointment or promotion and those of suitably qualified local candidates.

(2) The Commission may interview candidates or set up Selection Boards subject to the approval of the Prime Minister in accordance with section 77.(12) of the Constitution to advise on the acceptability of candidates or may receive reports from recognised Selection Boards on potential candidates for the public service, but the Commission shall not be bound to act in accordance with any advice or recommendation contained in the Reports submitted by these Boards.

(3) The Commission shall, in respect of each candidate for first appointment, consider amongst others, the following matters:

(a) age

(b) character

(d) nationality

(e) qualifications

(f) any previous employment of the candidate in the public service or elsewhere.

PART II – APPOINTMENTS

10. Appointments on contract.

(1) Where it becomes necessary to recruit a candidate from a territory other than St. Kitts and Nevis or where it is desirable to fill a vacancy for a limited period, the Commission may recommend that the appointment be made on contract for a specified time.

(2) Every candidate whom it is proposed to appoint on contract will be required to enter into an appropriate agreement if called upon to do so and to satisfy the Commission that he or she is likely to give regular and effective service for the period of years concerned.

11. Temporary appointments.

Without prejudice to the provisions of Regulations 9 and 12, the Commission may recommend that a temporary appointment be made whenever it is satisfied that, by reason of a shortage of qualified candidates, the admission of a candidate in a temporary capacity is justified by the needs of the public service and the candidate undertakes to do all he or she can to become qualified within a reasonable time.

12. Acting appointments.

(1) When an acting appointment falls to be made otherwise than as a prelude to a substantive appointment, the Commission may, as a general rule, recommend the senior officer in the Ministry or Department eligible for that acting appointment but whoever is recommended will be required to assume and discharge the duties and responsibilities of the post to which he or she is appointed to act.

(2) Where an acting appointment falls to be made as a prelude to a substantive appointment the Commission shall, as a general rule, follow the same principles and procedure applicable to selection for promotion as stated in Regulation 13.

PART III – PROMOTION

13. Consideration for promotion by the Commission.

(1) In considering the eligibility of officers for promotion, the Commission shall take into account the seniority, experience, educational qualifications, merit and ability, together with the relative efficiency of the officers concerned, and, in the event of parity of assessments shall give consideration to their relative seniority in making the final recommendation for promotion to the vacancy.

(2) The Commission shall attach greater weight to

(a) seniority when it reflects experience of value for the higher post and where promotion is to an office that involves work of a routine nature;

(b) merit, ability and performance on the job where promotion is to an office that involves work of a progressively greater and higher responsibility and initiative than is required for an office specified in sub-paragraph (a).

(3) In the exercise of its functions under sub-regulations (1) and (2) the Commission shall take into account, with respect to each officer,

(a) his or her general fitness;

(b) the position of his or her name on the seniority list;

(d) any special courses of training that he or she may have successfully completed (whether at the expense of Government or otherwise);

(e) a description of the work he or she has done and an assessment of his or her performance in carrying it out;

(f) any letters of commendation or special reports in respect of any special work done by the officer;

(g) the duties of the office for which he or she is a candidate;

(h) his or her annual confidential reports and any other documents for which the Commission may call;

(i) his or her devotion to duty;

(j) any specific recommendation of the Permanent Secretary for filling the particular office.

(4) In addition to the requirements prescribed in sub-regulations (1), (2) and (3), the Commission will consider any specifications that may be required for appointment to the particular office.

(5) The Commission may, at its discretion, summon for interview any of the candidates short-listed for promotion or alternatively the Commission may set up a promotion board subject to the approval of the Prime Minister in accordance with section 77(12) of the Constitution for the purpose but the Commission shall not be bound to act in accordance with any advice or recommendation contained in their report.

(6) A candidate’s performance before the Commission or before a promotion board, as the case may be, shall not be the decisive factor in determining fitness for promotion, and the primary purpose of the interview shall be to produce a fair and uniform judgement of each candidate’s promise and potentiality primarily based on their superior officers’ assessments of their performance in their respective jobs.

(7) No appointment on promotion may be made before the Commission has determined the suitability of the candidates concerned.

14. Transfers.

(1) The Commission shall recommend the transfer of a public officer whenever it is in the best interest of the public service to do so and under the procedure for promotion where an increase in emoluments is involved and under the procedure for appointments where there is no immediate increase in emoluments.

(2) The underlying principle will be the effective deployment of staff to meet the needs of the Service and their unimpeded movement from one kind of work to another.

15. Meaning of promotion.

For purposes of this Part, promotion includes

(a) a conferment upon a person in the public service of a public office to which is attached a higher salary;

(b) a higher salary scale than that attached to the public office to which he or she was last substantively appointed;

PART IV – PROBATIONARY SERVICE, RESIGNATIONS, RETIREMENTS

AND TERMINATION OF APPOINTMENTS

16. Probationary service.

(1) On first appointment to the public service or on promotion in the service from a non-pensionable to a pensionable office, an officer shall normally be required to serve a probationary period of two years without prejudice to the rights of the Commission to determine the period of probation to be served.

(2) When the Commission is satisfied that the work and conduct of a public officer on probation have been of a standard to justify confirmation in a pensionable office, the Commission, at the expiration of that public officer’s probationary appointment, shall recommend the confirmation of his or her appointment with effect from the date of his or her entering upon the duties of his or her post.

(3) If the Commission is not satisfied that the work and conduct of an officer on probation have been satisfactory, the Commission may extend the period of probation for a further term.

(4) Notwithstanding the provisions of these Regulations, the Commission may at any time before the appointment is confirmed and without any reason being given recommend that an appointment on probation be terminated.

(5) The Commission shall recommend in each case where the probationary appointment of an officer is terminated whether

(a) due notice shall be given;

(b) termination should be immediately effective with one month’s salary paid in lieu of notice; or

17. Non-infringement of powers of the Commission.

The Permanent Secretary or Head of Departments shall ensure that no payment shall be made out of public funds in respect of any matter requiring the approval of the Governor-General acting in accordance with the recommendation of the Commission.

18. Resignations.

(1) An officer who wishes to resign shall give the Commission notice in writing of his or her intention at least one month before the date on which he or she wishes to relinquish his or her appointment but the Commission may waive the requirement of notice in whole or in part if it thinks fit.

(2) Notwithstanding any regulation relating to the non-forfeiture of leave, an officer who fails, without reasonable cause, to comply with sub-regulation (1) may forfeit all leave and the benefits and privileges accruing to him or her in respect of leave.

(3) An officer is not entitled to withdraw his or her notice of resignation before the resignation becomes effective, but the Commission may accept the withdrawal of the resignation if requested in writing at any time before the effective date of the resignation.

19. Abandonment.

An officer who is absent from duty without leave for a period of seven days may be deemed by the Commission to have abandoned his or her office and thereupon the office becomes vacant and the officer ceases to be an officer.

20. Reasons for termination of appointments.

(1) The services of an officer may be terminated for the reasons stated in sub-regulations (2), (3) and (4).

(2) Where the officer holds a pensionable appointment,

(a) on dismissal or removal in consequence of disciplinary proceedings;

(b) on compulsory retirement;

(d) on the exercise of the option by an officer to retire after 25 years pensionable service (this is a two-way option);

(e) on retirement for medical reasons;

(f) on retirement in the public interest;

(g) on resignation without benefits payable under any enactment providing for the grant of pensions, gratuities, or compensation;

(h) on marriage in the case of a female officer (this is a two-way option);

(i) on the abolition of office;

(j) on redundancy;

(k) for irregularity of attendance.

(3) Where the officer holds a temporary appointment,

(a) on the expiry or other termination of an appointment made for a specified period;

(b) where the office itself is of a temporary nature and is no longer necessary;

(d) on the termination of an appointment in the case of an officer holding a non-pensionable office with no service in a pensionable office;

(e) on dismissal on removal in consequence of disciplinary proceedings;

(f) ill-health.

(4) Where the officer is on contract, his or her services shall be terminated in accordance with the terms of the contract.

21. Rules of natural justice to guide Commission.

(1) In exercising its functions under Regulation 20, the Commission shall be guided by the rules of natural justice and its recommendations will depend on the circumstances of each particular case.

(2) Any officer whose performance is falling below the standard which is required of his or her grade should be properly informed of his or her weakness in writing or otherwise and should be given time, opportunity and encouragement to put matters right, and, if his or her work remains below acceptable standards, a more formal warning should be given to the effect that the matter would be referred to the Commission, and the warning should be confirmed in writing.

(3) The Commission shall determine what procedure should be brought into operation.

(4) If the Commission recommends that the officer should be retired the Commission will consider what period of notice would be appropriate in each case and shall recommend accordingly.

(5) Any public officer under notice of dismissal or premature retirement, may appeal if he or she considers that he or she is being unfairly treated to the Public Service Board of Appeal within 28 days of receiving notice of the decision.

PART V – CONDUCT AND DISCIPLINE

22. Disciplinary penalties.

The Commission may recommend that one or other of the following disciplinary penalties be imposed upon a public officer in respect of charges laid against him or her for misconduct

(a) formal reprimand;

(b) stoppage of future increment, or forfeiture of an increment or increments already earned;

(c) monetary payments, either by way of fine, or by way of restitution (in whole or in part) of loss or damage caused by the offender;

(d) compulsory resignation;

(e) disciplinary transfer to another locality, in which case the offender may be required to meet his or her own removal expenses;

(f) suspension with loss of pay;

(g) down-grading, including removal from a post attracting additional pay or allowances;

(h) dismissal without pension or gratuity.

23. Serious disciplinary cases.

(1) Subject to the rights and powers of the Director of Public Prosecutions where charges are preferred against a public officer which although so serious that they may lead to the dismissal of the offender but are not of a criminal nature, the charges will be dealt with on a disciplinary basis.

(2) In these cases the Commission shall set up a Committee of Inquiry whose functions will be, amongst others, to ascertain the facts, sift the evidence and report its conclusions to the Commission, but the appropriate penalty will rest with the Commission.

(3) In exercising its functions the Committee of Inquiry will be, guided by the rules of natural justice.

(4) Where the Commission is satisfied that the officer concerned has been guilty of misconduct which is not sufficiently serious to warrant dismissal, the Commission may nonetheless refer the case to a Committee of Inquiry for investigation as in sub-regulations (1), (2) and (3) above, but the Commission will dispense with this procedure wherever it decides in its discretion to recommend a penalty no more severe than stoppage of increment.

(5) The Commission shall recommend in each case of dismissal whether

(a) due notice should be given;

(b) dismissal should be immediately effective with salary paid in lieu of notice; or

(6) For the purposes of this Part, ‘misconduct’ includes any conduct when an officer

(a) is persistently unpunctual;

(b) wilfully disobeys or disregards any lawful order made or given by any person having authority to make or give the order;

(d) is inefficient or incompetent through causes which appear to be within his or her own control;

(e) is found guilty of any immoral or obscene or disorderly conduct in office;

(f) performs his or her duties in negligent manner; or

(g) having made or subscribed an oath or affirmation for the purposes of his or her office does or says anything in violation of that oath or affirmation;

(h) uses, without the consent given personally, of the Permanent Secretary or Head of Department, any property or facilities provided for the purposes of the service of which he or she is a member for some purpose not connected with his or her official duties;

(i) engages in any gainful occupation outside the service of which he or she is a member without the consent of the Commission;

(j) is convicted of any criminal charge involving dishonesty, fraud, moral turpitude or is convicted of a criminal charge and sentenced to imprisonment without the option of a fine;

(k) writes letters to the press, publishes books or articles or circulates leaflets setting forth his or her views on matters of national or local party political controversy;

(l) speaks in public on matters of party political controversy or speaks at political meetings or heckles at such meetings;

(m) participates in the meetings of any party political organisation while on duty, while on official business or while wearing official uniforms.

(7) An officer found guilty of misconduct shall be liable to such punishment as is prescribed by regulation 21 or by any other regulation.

24. Suspension from duty.

(1) Aside from suspension as a disciplinary penalty as listed in regulation 21 an officer may be interdicted or suspended from duty as a necessary precaution while inquiries are being made into an offence or while a prosecution is pending, and suspension will normally be imposed only where a serious charge is supported by strong “prima facie” evidence.

(2) Notwithstanding the provisions of sub-regulation (1), an officer may at any time be suspended from duty if, in the opinion of the Commission, that course is desirable in the public interest in consequence of the officer being arrested or having civil or criminal proceedings or charges of irregularity or misconduct brought or made against him or her.

(3) Where an officer is suspended his or her remuneration in respect of any period of suspension may, if the Commission shall so decide, be withheld wholly or in part so long as such suspension continues.

(4) On the termination of the period of suspension, whether by dismissal or reinstatement of the officer, his or her remuneration in respect of the period may, if the Commission shall so determine after consideration of the whole of the circumstances of the case, be forfeited wholly or in part.

PART VI – MISCELLANEOUS

25. Re-employment of Public Officers.

(1) Where, in the public interest, it is proposed to retain beyond the age of 55 an officer serving in an office to which promotions are made, the Commission may extend the service of the officer, subject to medical fitness, from year to year up to the maximum of sixty years.

(2) Subject to the provisions of sub-regulation (1), the Commission shall not recommend an officer who retires on pension from an office to which promotions are made for re-employment to the same office or grade unless the Commission is satisfied that there is a severe dearth of suitable persons to fill the vacancy.

26. Discretionary powers of the Commission.

Nothing in these regulations or recommendations contained therein shall have the effect of curtailing the discretionary powers conferred upon the Commission by section 77.(12) of the Constitution.

SCHEDULE TO THE REGULATIONS

(Regulation 4)

FORM 1

OATH OR AFFIRMATION OF SECRETARY AND OTHER OFFICERS

OF THE COMMISSION

I ............................................................................ do swear (or solemnly affirm) that I will not directly reveal to any unauthorised person or persons or otherwise than in the course of duty any information in connection with the business of the Commission which may come to my knowledge in the course of my duties as ...................................................../ ........................................................ / ............................................................. to the Commission. So help me God! SWORN/DECLARED before me this ………………… day of ……………………, 20 ………