presentation on: regulations delaing with disciplinary...

PRESENTATION ON:

REGULATIONS DELAING WITH DISCIPLINARY PROCEDURES

FOR MUNICIPAL MANAGERS & S56 MANAGERS

Jean Venter

•1 Developing and Sustaining excellence in local government management


Presentation Outline:

• Establish a common & uniform code for the

management of misconduct.

• Support contructive labour relations.

• Promote mutual respect between senior

managers & council.

• Ensure a common understanding of misconduct

& discipline.


Intention of the Regulations

• Promote acceptable conduct.

• Promote acceptable conduct.

• Provide an internal mechanism for & easy management of disciplinary measures.

• Avert & correct unacceptable conduct.

• Prevent arbitrary/ discriminatory actions by employing municipalities towards senior managers.


Intention of the Regulations

cont…


Principles

1. Discipline is:

a. Fundamentally a corrective measure, not

punitive.

a. Must be applied in a prompt, fair,

consistent & progressive manner.


Principles cont…

2. Ensure that Senior Managers:

a. Have a fair hearing in a formal/ informal

setting;

b. Are timeously informed of allegations of

misconduct made against them;

c. Receive written reasons for any advers

decisions taken;

d. Have the right to appeal by lodging a

dispute


Principles

cont… 3. A Disciplinary Hearing Must:

a. Take place in the area of jurisdiction of

the municipal council;

b. Be understandable to all senior

managers;

c. Be concluded within the shortest

possible time.


Disciplinary Actions

Corrective Counselling;

Verbal Warnings;

Written Warnings;

Final Written Warnings;


Precautionary Suspension

The senior manager must be given an opportunity

to make written representation to the council on

why she/ he should not be suspended.

The council must consider any representation

within 7 days.

In exceptional circumstances, by written notice,

the mayor may suspend a senior manager however:

- the mayor must table a report which must be

ratified by council, failing which the suspension must

be lifted immediately.



cont… The Council Must:

i. Inform the senior manager in writing of

the reasons for suspension either at the

time of suspension or within 24 hours;

ii. Inform the minister for local

government in that province of such

suspension/ extension of period of

suspension and the reasons thereof

within 7 days.



cont…

Following the suspension, a disciplinary

hearing must commence within 60 days,

failing which the suspension will

automatically lapse and the senior

manager must immediately resume his/

her duties.


Shortcomings

Regulations are silent on recourse for

Section 56 managers in terms of the

Bargaining Council; however there is

existing precedent indicating that matters

can be taken to the Bargaining Council:

i. Louis Nothnagel and Karoo Hoogland

Municipality;

ii. Biyase v Sisonke District Municipality

and Another.


Shortcomings cont…

The regulations, as gazetted, are not being

complied with.


Way Forward

1. Petition the National Minister for the review of the regulations;

2. develop support systems for iLGM

members such as:

iLGM pension fund


Insert Heading

End

Thank You

&

Any Questions

Developing and Sustaining excellence in local government management

•17

presentation on: regulations delaing with disciplinary...

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