CSC: LCEs can now impose disciplinary action on workers
>> Thursday, October 28, 2021
EDITORIAL
Local chief executives and heads of government offices are now given the
authority to impose disciplinary action over their employees based on recent Civil
Service Commission (CSC) ruling.
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This is based on 2017 rules on administrative cases in
the civil service (RACCS).
Section 9, rule 2 of the 2017 RACCS provides, “disciplining authorities of agencies and local government units shall have original concurrent jurisdiction with the Commission over their respective officials and employees.”
Disciplining authority refers to the person of body duly authorized by law to impose the penalty provided for by law or rule.
The role of LCEs on the new RACCS provision such that administrative complaints can be filed with the Office of the Mayor following certain procedures.
Complaints may not necessarily be filed with the CSC. They can be filed with the Mayor’s Office with an adhoc committee to conduct investigation or the legal officer may be tasked to conduct the investigation.
They are given the authority to issue administrative charges with corresponding sanctions, either dismissal or suspension, depending on the circumstances.
For national government agency heads in the provinces, disciplinary action over their employees are lodged mostly with their central office unless delegated to their regional offices.
Their function is limited to fact-finding investigation and their recommendations are submitted to the regional office even as government employees with administrative cases undergo agony such as emotional stress and financial cost in engaging services of a lawyer.
The gravity of complaints filed before the Commission is evaluated.
If administrative complaint filed is classified as light offense, amicable settlement is recommended. In the new ruling, amicable settlement is now allowed.
Section 9, rule 2 of the 2017 RACCS provides, “disciplining authorities of agencies and local government units shall have original concurrent jurisdiction with the Commission over their respective officials and employees.”
Disciplining authority refers to the person of body duly authorized by law to impose the penalty provided for by law or rule.
The role of LCEs on the new RACCS provision such that administrative complaints can be filed with the Office of the Mayor following certain procedures.
Complaints may not necessarily be filed with the CSC. They can be filed with the Mayor’s Office with an adhoc committee to conduct investigation or the legal officer may be tasked to conduct the investigation.
They are given the authority to issue administrative charges with corresponding sanctions, either dismissal or suspension, depending on the circumstances.
For national government agency heads in the provinces, disciplinary action over their employees are lodged mostly with their central office unless delegated to their regional offices.
Their function is limited to fact-finding investigation and their recommendations are submitted to the regional office even as government employees with administrative cases undergo agony such as emotional stress and financial cost in engaging services of a lawyer.
The gravity of complaints filed before the Commission is evaluated.
If administrative complaint filed is classified as light offense, amicable settlement is recommended. In the new ruling, amicable settlement is now allowed.