Disciplinary board for government contract staff (Ministerial Order no. 2024-189 of 8 April 2024)

Ministerial Order no. 2024-189 of 8 April 2024 setting out the composition, organisation and operating procedures of the disciplinary board ("Conseil de discipline) for contractual State employees ("agents contractuels de l'Etat") (JDM no. 8690 of 12th April 2024), implements article 67 of Sovereign Order no. 9.640 of 23 December 2022 laying down general provisions of a statutory nature applicable to contractual State employees.

See in addition, concerning the publication of disciplinary sanctions in the Journal de Monaco: Deliberation no. 2024-072 of 20 March 2024 of the Commission de Contrôle des Informations Nominatives (CCIN) concerning recommendations on changes to the provisions leading to the automatic publication of certain disciplinary sanctions for public sector personnel in the Journal de Monaco and the implementation of a right to be forgotten.

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Composition of the Disciplinary Board

The Disciplinary Board comprises 6 members:

• 3 members (including the Chairman) appointed by the Minister of State ;
  
• 3 members appointed by the representatives of the civil servants on the competent joint committee set up under article 28 of Law no. 975 of 12 July 1975.
  

The Minister of State also appoints a rapporteur who, if not a member of the Disciplinary Board, does not attend the deliberations.

In the event of a tie, the Chairman has the casting vote.

Procedure before the Disciplinary Board

This applies when the penalty incurred is:

• temporary exclusion with withholding of salary for a period of one month to 1 year, with maintenance of family benefits, social advantages, allowances or pension mentioned in article 39 of Ordinance no. 9.640 ;
  
• downgrading by one or two grades or steps;
  
• dismissal without notice or compensation.
  

The procedure is adversarial.

Appearance before the Disciplinary Board is ordered by decision of the Minister of State, who appoints the members of the Board and sets the date on which the person concerned is to appear.

The contractual State employee referred to the Disciplinary Board shall be given formal notice, by registered letter, to acquaint him/herself with his file and all the documents relating to the case. At the same time, s/he shall be notified, in the same form, of the aforementioned ministerial decision.

S/He shall be given a period of 30 calendar days to present his defence and, if necessary, to appoint her/his defence counsel, who may assist her/him on the day of the hearing.

The contractual employee has the right to call witnesses. The Administration also has this right.

The personal file of the contract agent referred to the Disciplinary Board shall be communicated to the Board. It is accompanied by a written statement from the head of the department to which the contractual employee reports or has reported (endorsed, as appropriate, by the Minister of State or the Government Councillor-Minister to whom the member of staff reports) setting out precisely the facts complained of and, if applicable, the circumstances in which they occurred.

If the Disciplinary Board does not consider that it has sufficient information about these facts or circumstances, it may order any measure of information deemed useful.

The Disciplinary Board shall submit a reasoned proposal to the Minister of State in the light of the written observations and taking into account, where appropriate, the oral statements of the contractual employee appearing before it and of any witnesses, as well as the results of any measures of information that may have been taken.

In the event of proceedings before a criminal court, the Board may decide that it is appropriate to postpone making a proposal until the court has made its decision.

The person concerned is notified of the Disciplinary Board's reasoned proposal by recorded delivery letter.

The Minister of State's decision is notified in accordance with article 122 of Sovereign Order 9.640.

Disciplinary sanctions

Any misconduct committed in the course of or in connection with the performance of his duties shall, without prejudice to any penalties provided for by law, subject the contract agent to the following disciplinary sanctions:

1. warning ;
   
2. reprimand ;
   
3. dismissal with withholding of pay for a maximum of 5 days;
   
4. temporary exclusion with withholding of salary for a period of between one month and 1 year with maintenance of family benefits, social advantages, allowances or pensions mentioned in article 39 of Ordinance no. 9,640;
   
5. downgrading by one or two grades or steps;
   
6. dismissal without notice or compensation.
   

A warning, reprimand or dismissal with loss of pay for a maximum of 5 days shall be issued by the head of department.

Other penalties are imposed by the Minister of State, after consulting the disciplinary board.

Before any penalty is imposed, the contractual employee will be given the opportunity to explain his or her case or, failing that, will be duly given formal notice to provide such explanations. In all cases, they are entitled to consult their file at the Public Service Human Resources and Training Department ("Direction des Ressources Humaines et de la Formation de la Fonction Publique").

Any disciplinary sanction is recorded in the contractual employee's personal file.

Temporary exclusion from employment for a maximum of 3 months may also be imposed as a principal or additional sanction.

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