1. Citation
These Regulations may be cited as the Public Service Board of Appeal Regulations.
2. Definition
In these Regulations, unless the context otherwise requires—
“appellant” means a public officer who has brought an appeal;
“Board” means the Public Service Board of Appeal constituted by section 95 of the Constitution;
“chairperson” means the chairperson of the Board;
“Constitution” means the Constitution of Saint Lucia;
“establishment officer” means the public officer performing the functions of permanent secretary (Personnel);
“officer” means public officer;
“public officer” has the meaning assigned to it by section 124(1) of the Constitution;
“public service” has the meaning assigned to it by section 124(1) of the Constitution;
“representative” means a public officer or a person entitled to practice as a legal practitioner in Saint Lucia; or any person so chosen by the appellant;
“secretary” means the person performing the functions of the office of secretary of the Board.
PART 2
PROCEDURE AT MEETINGS
3. Meetings
Subject to these Regulations, the Board may meet for the despatch of business, adjourn and otherwise regulate their meetings, as they think fit. Meetings shall be held at such place and time and on such days as the chairperson may determine.
4. Special Meetings
The chairperson shall call a special meeting of the Board within 4 days of receipt of a written requisition for that purpose addressed to him or her by any 2 members of the Board.
5. Notice of Meetings and presiding at Meetings
-
(1) The Secretary shall give to every member of the Board notice of a meeting of the Board 48 hours before the time appointed for holding the meeting.
-
(2) The chairperson shall preside at meetings of the Board. If at any meeting the chairperson is not present within 15 minutes of the time appointed for holding the meeting the members present may choose one among themselves to preside at that meeting.
6. Quorum
The chairperson and 2 other members of the Board shall form the quorum. In the absence of the chairperson 3 other members of the Board shall form a quorum.
7. Voting
Questions arising at any meeting of the Board shall be decided by a majority of votes.
8. Minutes
The secretary shall attend every meeting of the Board and shall keep minutes thereof in such form as the chairperson may direct. Minutes shall be confirmed at a subsequent meeting.
PART 3
APPEALS
9. Right of Appeal
Subject to regulation 10 of these Regulations, an appeal shall lie to the Board from any of the decisions mentioned in section 96(5)(c) of the Constitution at the instance of the public officer in respect of whom the decision is made.
10. Exemption from Appeal
An appeal shall not lie to the Board from a decision mentioned in section 96(5)(c) of the Constitution where—
-
(a) that decision is in respect of an officer holding a non-pensionable office whose emoluments do not exceed $2,400 per year; or
-
(b) the only reason for the appeal from that decision is that it is too severe, except where such decision is a decision—
-
(i) to remove an officer from his or her office, or
-
(ii) to appoint him or her to an office whose emoluments are less than the emoluments of the office which he or she held immediately before the relevant decision.
11. Notice of Appeal and Reasons
-
(1) An appeal to the Board shall be by notice in writing signed by the appellant or by his or her representative.
-
(2) Every notice of appeal shall be dated as of the day on which it is signed and shall state—
-
(a) the name of the appellant;
-
(b) his or her office;
-
(c) the date of the decision from which he or she desires to appeal;
-
(d) the person or authority from whose decision he or she desires to appeal;
-
(e) the date on which he or she received notice of that decision;
-
(f) the decision which he or she seeks from the Board;
-
(g) an address to which any notice or other document may be sent to him or her by or on behalf of the Board; and
-
(h) the reasons in detail for the appeal.
-
(3) A notice of appeal may be in the form set out in Appendix “A” to these Regulations.
12. Bringing Appeal
Subject to regulation 30 of these Regulations, an appeal to the Board shall be brought if the appellant gives to the secretary, not later than 21 days after the day on which the decision from which he or she desires to appeal is given, a notice of appeal in accordance with regulation 11 of these Regulations.
13. Giving Notice of Appeal
-
(1) The secretary shall publish in the Gazette an address where notices of appeal may be given to him or her under these Regulations.
-
(2) A notice of appeal shall be given to the secretary either personally, or by sending it by post to the address published under regulation 13(1) and in such a case is considered to be effected by properly addressing, preparing and posting a letter containing the notice, and to have been effected at the time at which such letter was so posted.
14. Notifications of Appeal
Upon receiving a notice of appeal, the secretary, shall as soon as practicable—
-
(a) enter on the notice the date of receipt;
-
(b) inform the chairperson of his or her receipt of the same; and
-
(c) send a copy of the notice to—
-
(i) the establishment officer,
-
(ii) the secretary of the Public Service Commission,
-
(iii) where the appellant is not a permanent secretary or head of a department of Government, to the permanent secretary of the Ministry to which the appellant is attached or to his or her head of department, as the case may be;
-
(d) notify the appellant in writing of the receipt of the notice of appeal and of the date of such receipt.
15. The Record
As soon as possible after he or she has received a copy of a notice of appeal, the secretary of the Public Service Commission shall send to the secretary 5 copies of each of the following documents (hereinafter referred to as the record)—
-
(a) the charges relating to the appeal;
-
(b) the proceedings at any inquiry held on the aforesaid charges (including statements of the Appellant and of witnesses, if any);
-
(c) the documents and exhibits if any, produced at the said inquiry;
-
(d) the report of the person who held the said inquiry;
-
(e) the decision appealed against; and
-
(f) any other document required by the Board.
16. Transmitting Record
-
(1) As soon as possible after he or she has received the record relating to an appeal, the secretary shall send one copy thereof to each of the following persons—
-
(a) the chairperson;
-
(b) every other member of the Board entitled to sit for the purpose of hearing and determining the appeal;
-
(c) the establishment officer; and
-
(d) the appellant.
-
(2) The appellant's copy of the record shall be sent to him or her either by handing it to him or her personally, or by sending it by registered post to him or her to the address supplied by him or her under regulation 11(2)(g) and, in such a case, shall be deemed to be effected by properly addressing and posting to him or her a sealed envelope containing a copy of the record.
-
(3) The establishment officer's copy of the record is considered to be duly sent to him or her either by handing it to him or her personally, or by properly addressing to him or her a sealed envelope enclosing a copy of the record and by leaving the same at his or her office with an officer attached thereto.
PART 4
SITTINGS ON APPEALS AND DECISIONS
17. Definition
“Member” in relation to an appeal means a member of the Board entitled to sit for the purpose of hearing and determining that appeal; and
“Board” in relation to an appeal means the member of the Board entitled to sit for the purpose of hearing and determining that appeal.
18. Constitution of Board for Appeals
A sitting of the Board for the purpose of hearing and determining an appeal shall be duly constituted if the members of the Board sitting on that appeal shall comprise—
-
(a) the chairperson and all the members;
-
(b) the chairperson and one member; or
-
(c) two members (neither of whom is the chairperson).
19. Decisions
Every decision of the Board in an appeal shall be in writing and shall require the concurrence of—
-
(a) a majority of all the members sitting on that appeal where the Board is constituted by 3 members;
-
(b) all the members sitting on that appeal, where the Board is constituted by 2 members.
20. Chairperson to preside at sittings
Whenever the chairperson sits on an appeal, he or she shall preside at the sitting.
21. Time and place of sittings
-
(1) Sittings of the Board for the hearing and determination of appeals shall be held at such times and at such places as the chairperson may appoint.
-
(2) Sittings of the Board shall be held in private.
22. Publication of sittings
The Secretary shall, whenever practicable, cause notice of the day, time and place of every sitting of the Board to be published in the Gazette at least 7 days before the commencement of the sitting.
23. Notices of hearings of Appeals
-
(1) The Secretary shall give to every Appellant notice in writing of the day, time and place of the hearing of his or her appeal at least 7 days before the commencement of the hearing.
-
(2) A notice under this regulation shall be given to an appellant either personally or by sending it by registered post to the address supplied by him or her under regulation 11(2)(g) and, in such a case, is considered to be effected by properly addressing and posting to him or her a sealed envelope containing the notice.
-
(3) A notice under this regulation shall be given to the establishment officer either personally, or by properly addressing to him or her a sealed envelope containing the notice and by leaving the same at his or her office with an officer attached thereto.
24. Adjournments
The Board may adjourn its proceedings as it considers fit.
25. Appearance of Appellant
In proceedings before the Board an appellant shall appear either in person or by a representative.
26. Respondent
In every appeal the establishment officer shall be the respondent and in proceedings before the Board he or she may appear either in person or by a representative.
27. Absence of Appellant at hearing
If at the hearing of an appeal an appellant fails to appear either in person or by a representative, the Board may either adjourn the appeal, or strike it out, or dismiss it, or proceed to hear it in the absence of the appellant as it appears to the Board to be just and proper.
28. Appeals by way of re-hearing
-
(1) Subject to the provisions of section 96(3) of the Constitution and of this regulation, an appeal to the Board shall be by way of re-hearing.
-
(2) Despite the provisions of regulation 28(1), proceedings before the Board shall, as a rule, be a re-hearing on the documents constituting the record of appeal (referred to in regulation 15 of these Regulations).
-
(3) For the purpose of an appeal the Board may, if it thinks it necessary or expedient so to do—
-
(a) order any public officer to produce any document, exhibit and other thing connected with the proceedings and production of which appears to the Board to be necessary for the determination of the appeal;
-
(b) order any public officer to attend and be examined before the Board whether that officer was or was not called to be examined before the person or authority, if any, which inquired into the charges laid against the Appellant.
29. Notification of decisions
-
(1) As soon as possible after the Board has decided an appeal, the Secretary shall send a copy of the decision to—
-
(a) the appellant;
-
(b) (where the appellant is not a permanent secretary or head of a department of Government) the permanent secretary of the Ministry to which the appellant is attached or to his or her Head of Department, as the case may be;
-
(c) the establishment officer;
-
(d) the Director of Finance and Planning, where he or she is not an officer to whom notice is required to be given under 1(b) of this regulation;
-
(e) the secretary of the Public Service Commission.
-
(2) A copy of a decision of the Board shall be sent to an Appellant either by delivering it to him or her personally or by posting it to him or her in the manner provided by regulation 23(3).
-
(3) A copy of a decision required under this Regulation to be sent to any officer other than an Appellant shall be deemed to be duly sent to that officer if it is delivered to him or her personally or if it is left for him or her in the manner provided by Regulation 23(4).
30. Extension of time to appeal
-
(1) The Board may extend the time within which an appeal shall be brought under these Regulations.
-
(2) An application to extend the time within which an appeal shall be brought under these Regulations shall be in writing and the provisions of the preceding Regulations of this Part relating to appeals shall, with necessary modifications, apply to an application under this regulation in the same way as they apply to notices of appeal and to the proceedings in appeals.
-
(3) An application to extend the time within which an appeal shall be brought may be in the form set out in Appendix “B” to these Regulations.
-
(4) Where the Board extends the time within which an appeal shall be brought, the application to extend such time shall be treated as a notice of appeal.
31. Procedure in matters provided for
Subject to the provisions of the Constitution and of these Regulations, the procedure in appeals shall be determined by the members of the Board.
32. Failure of Officers to abide by these Regulations
Any officer who is required by these Regulations or by the Board to do any act or to produce any document, exhibit or other thing or to attend or to be examined before the Board and who without reasonable cause, fails or neglects so to do, is guilty of misconduct.
Appendix A
| (Regulation 11(3)) |
| SAINT LUCIA |
| Between: |
| Appellant |
| And |
| The Establishment Officer |
| The Permanent Secretary, Education |
| The Commissioner of Police |
| Respondent |
| NOTICE OF APPEAL |
1. Take notice that (1) ........................................
a public officer holding/acting in the office of (2) ........................................ being dissatisfied with the decision of (3) ........................................ dated ........................................ 20 .................... that (4) ........................................ .................................. hereby appeals to the Public Service Board of Appeal for the reasons set out in paragraph 2 and will at the hearing of the appeal seek a decision of the Board that (5) ..................................................................................... |
| 2. Reasons for Appeal: |
| (Insert FULLY here the reasons for the Appeal) |
| (1) ................................................................................................................... |
| (2) ................................................................................................................... |
| (3) ........................................................................................................ etc |
| 3. All notices or other documents relating to this appeal may be sent to me addressed as follows— |
| Dated this ..................................... day of ..................................... 20........ |
| To: The Secretary, |
| The Public Service Board of Appeal |
| Delete where inapplicable |
| (1) Name of Appellant. |
| (2) Insert office. |
| (3) Insert designation of person or authority whose decision is appealed against. |
| (4) Insert the substance of the decision appealed against. |
| (5) State the decision sought from the Board. |
| (6) Insert address fully. |
Appendix B
| Regulation 30(3) |
| SAINT LUCIA. |
| Between: |
| Appellant |
| And |
| The Establishment Officer |
| The Permanent Secretary, Education |
| The Commissioner of Police |
| Respondent |
| APPLICATION TO EXTEND TIME WITHIN WHICH TO APPEAL |
| Take notice that 1 ........................................ a public officer holding/acting in the office of 2 ........................................ intends to apply to the Public Service Board of Appeal to extend the time within which I may appeal against the decision of 3 .................................................................. |
| 2. And further take Notice that the reasons for this application are as follows—4 |
| (1) ................................................................................................................... |
| (2) ................................................................................................................... |
| (3) ................................................................................................................... |
| (4) etc. ............................................................................................................ |
| 3. And further take Notice that the reasons for which I desire to appeal against the said decision are as follows—5 |
| (1) ................................................................................................................... |
| (2) ................................................................................................................... |
| (3).......................................................................................................... etc. |
| 4. All notices or other documents relating to this application may be sent to me addressed6 as follows— |
| Dated this .................... day of ........................................ 20 ........ |
| ...................................................................... |
| Appellant. |
| To: The Secretary, |
| The Public Service Board of Appeal |
| Delete where inapplicable. |
| (1) Name of Appellant. |
| (2) Insert office. |
| (3) Insert designation of person or authority giving the decision against which the appeal is brought. |
| (4) Insert fully here reasons for the application |
| (5) State fully the reasons for which it is desired to appeal against the decision. |
| (6) Insert address fully. |