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STAFF RULES OF THE GENERAL SECRETARIAT

CHAPTER XI

DISCIPLINE

Rule 111.1 Disciplinary Measures

(a) The Secretary General may impose disciplinary measures on staff members for conduct that does not conform to the General Standards or to these Staff Rules, or because of unsatisfactory work.

(b) Disciplinary measures shall consist of oral or written admonition, written censure, suspension, or dismissal.

(i) An oral admonition is a warning given for misconduct or for unsatisfactory work; it shall be given directly by the staff member's supervisor and shall not be placed in the staff member's file in the Department of Human Resource Services, meaning that it does not affect his interests.

(ii) A written admonition shall be given when misconduct or unsatisfactory work makes it advisable to put this warning on record in the staff member's file in the Department of Human Resource Services.

(iii) Written censure is a reprimand made to the staff member. It is a more severe measure than an admonition.

(iv) Suspension is temporary removal from duty without pay and without some or all of the benefits to which the staff member is normally entitled.

(v) Dismissal is separation from service for misconduct or unsatisfactory work so serious or persistent as to require this measure.

(c) With the exception of an oral or written admonition, the foregoing disciplinary measures shall be imposed by the Secretary General: (i) at the recommendation of the corresponding Office or Department Director (including the Inspector General or Treasurer for misconduct revealed in an audit or investigation conducted by either of them); (ii) at the recommendation of the Director of the Department of Human Resource Services upon being apprised of facts which the Director believes require discipline; or, (iii) at the recommendation of the highest authority to whom the staff member concerned is directly responsible. The recommendation to convoke the Joint Disciplinary Committee may, but is not required to, include a recommendation regarding the level of discipline which should be assessed. The measures in paragraph (b)(iii)-(v) shall be applied after the procedure referred to in Rule 111.3 has been exhausted.

(d) With the exception of oral or written admonition, the disciplinary measures indicated in paragraph (b) shall not be taken against any staff member until after the Joint Disciplinary Committee has been consulted. In the following cases this provision shall not apply:

(i) The case of summary dismissal referred to in Rule 110.5; and

(ii) When the Secretary General and the staff member affected so agree.

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Rule 111.2 Joint Disciplinary Committee

(a) An advisory body called the Joint Disciplinary Committee shall be established, to advise the Secretary General on the advisability and application of disciplinary measures. This Committee should indicate what measure it believes should be applied in a case on which it is consulted, or whether in its judgment no measure should be applied.

(b) The Committee shall be made up of three members, as follows:

(i) A chairman and two alternates chosen by the Secretary General from a list of ten staff members that he shall prepare each year in consultation with the Staff Committee;

(ii) A principal member and two alternates to replace him when necessary, appointed annually by the Secretary General, and

(iii) A principal member and two alternates to replace him when necessary, designated annually by the Staff Committee.

(c) The members of the Joint Disciplinary Committee may not be appointed for more than two consecutive terms.

(d) The Secretary General may replace the principal or alternate members whom he has appointed in accordance with subparagraph (b)(ii) above. The members designated by the Staff Committee may be replaced by its own decision.

(e) On the initiative of any of the parties, the Joint Disciplinary Committee may declare that one of its members may not hear a particular matter, if it deems this advisable in view of the relations existing between that Committee member and the affected staff member. It may also excuse any member of the Committee from hearing a particular matter.

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Rule 111.3 Procedure of the Joint Disciplinary Committee

(a) When the Secretary General considers that a disciplinary measure other than an oral or written admonition should be applied to a staff member, he shall place the case before the Chairman of the Joint Disciplinary Committee, who will convoke the Committee as soon as possible.

(b) When the Committee meets, it shall examine the matter or matters for which it was convoked. The procedure shall normally be limited to consideration of the original written statement of facts and of brief oral or written observations and replies presented promptly by the party who has recommended the measure and the person against whom it is to be applied. However, if necessary, the Committee may obtain any other evidence that it considers pertinent.

(c) The Committee shall make a good-faith effort to present a written report containing its recommendations on the case to the Secretary General within not more than 30 days after the date of its convocation.

(d) Within 15 days after receiving the report the Secretary General shall make the decision he considers appropriate, taking into account the Committee's recommendations.

(e) The Department of Human Resource Services shall be available to the Committee, to the staff member who has recommended the measure, and to the staff member against whom it has been recommended, from the time that the Secretary General places the case before the chairman of the Committee until the Committee transmits its report to the Secretary General. The time taken by all participants during Disciplinary Committee meetings, and the time taken by Committee members in preparation for their meetings and in activities related to preparing the Committee's report shall be considered devoted to official duties, and consequently no annual leave will be charged for this purpose.

(f) Throughout the procedure the staff member against whom a disciplinary measure has been recommended may act in his own behalf or through some other staff member of the General Secretariat designated by him in a written communication addressed to the Chairman of the Committee. He may not be represented in this procedure by anyone outside of the General Secretariat.

(g) Once the Secretary General has decided to impose a disciplinary measure on a staff member, the interested party shall be informed of this decision which will become effective on the date indicated in it.

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Rule 111.4 Suspension During Investigation and Disciplinary Proceedings

(a) If a charge of serious misconduct is made against a staff member and the Secretary General so decides, the staff member may be suspended from duty during investigation and pending the completion of disciplinary proceedings for a period which should normally not exceed three months. The suspension shall be with pay and shall be without prejudice to the rights of the staff member and shall not constitute a disciplinary measure.

(b) A staff member suspended pursuant to paragraph (a) shall be given a written statement of the reason for the suspension and its probable duration.

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