DECISION NO. 492/CSPH/DG ON THE SETTING UP, ORGANISATION AND FUNCTIONING OF THE HPSF DISCIPLINARY COUNCIL
THE GENERAL MANAGER,
Mindful of the Constitution;
Mindful of Law No. 92/007 of 14 August 1992 on the Labour Code;
Mindful of Law No.2017/010 of 12 July 2017 to lay down the General Rules and Regulations governing Public Establishments;
Mindful of Decree No.74/4/458 of 10 May 1974 on the creation and organisation of the Hydrocarbons Prices Stabilisation Fund amended by decree No. 2019/032 of 24 January 2019 on the reorganisation of the Hydrocarbons Prices Stabilisation Fund;
Mindful of Decree No. 94/199 of 7 October 1994 to lay down the General Rules and Regulations of the Public Service, with its subsequent amendments;
Mindful of Decree No.2017/599 of 11 December 2017 to appoint the Manager of the Hydrocarbons Prices Stabilisation Fund;
Mindful of Resolution No.02/CAE25/PCA/CSPH of 21 June 2019 on the internal organisation of the Hydrocarbons Prices Stabilisation Fund;
Mindful of Resolution No. 03/CAE25/PCA/CSPH of 21 June 2019 on the Internal Regulations of the Hydrocarbons Prices Stabilisation Fund;
Mindful of Resolution No. 05/19/CAE/PCA/CSPH of 16 December 2019 to appoint officials at the Hydrocarbons Prices Stabilisation Fund;
Considering service requirements,
HEREBY DECIDES AS FOLLOWS:
ESTABLISHMENT:
ARTICLE 1: This Decision lays down the creation, organisation and functioning of the HPSF Disciplinary Council, hereinafter referred to as "the Council".
ARTICLE 2: The Council shall be responsible for ruling on disciplinary offences and shall propose sanctions against staff guilty of misconduct within or outside the HPSF which has resulted in material or moral damage to the Establishment.
ORGANISATION
ARTICLE 3: The Council shall be composed as follows:
Chairman: the Internal Auditor
Members:
The Director of Human Resources and General Options
The Head of the Division of Legal Affairs and Litigation
The Director of Follow-Up, Studies and Petroleum Statistics
01 Staff Representative representing the college to which the employee belongs
Rapporteur: Head of the Human Resources Service
FUNCTIONING
ARTICLE 4: (1) The Council shall meet as required when convened by the General Manager.
(2) The notice convening the meeting shall state the date, time and venue of the meeting, the name and department of the employee who is subject of the complaint, and the facts of which he/she is accused of.
(3) The summons shall be sent to the worker referred to the Council at least seven (07) days before the date of the meeting.
ARTICLE 5: Members of the Council shall be bound by the obligation of confidentiality.
ARTICLE 6: (1) The Chairperson may invite any individual likely to enlighten the work to take part in the sessions of the Council.
ARTICLE7:
(1) Council meetings are held in camera.
(2) The Council issues reasoned opinions which are adopted by a simple majority of votes.
(3) In the event of a tie, the Chairperson shall have the casting vote.
(4) The Council shall deliberate in the absence of the respondent and in the presence of the members who have taken part in the session.
(5) Each meeting of the Council results in the drafting of a report signed by all the members present.
ARTICLE 8: In the event of a duly noted refusal by the respondent to any summons to appear in person before the Council, the Council shall disregard the summons and rule in the respondent's absence.
ARTICLE 9: The accused worker shall benefit from the presumption of innocence. He/she shall therefore provide oral or written explanations on the allegations made against him/her.
ARTICLE 10: The referral of a case to the Council does not prevent it from being referred to the courts.
ARTICLE 11: The Council's opinion, together with any proposed sanctions, is forwarded to the General Manager, who takes the final decision.
ARTICLE 12: (1) The offices of Chairperson, Member, Rapporteur and Guest of the Board are free of charge.
(2) However, the persons concerned may be entitled to an allowance subject to the ceilings set by the Staff Regulations.
MISCELLANEOUS AND FINAL PROVISIONS
ARTICLE 13: All previous provisions are hereby repealed
ARTICLE 14: This Decision, which takes effect on the date of signature, shall be registered and communicated wherever necessary, in English and French. /-