Things and things are recorded in a report of the Electoral Service, for a public official, against whom a disciplinary procedure was initiated, due to unjustified absence from work, at the time when in addition to his salary, they received annual allowances of € 75,360.
Specifically, as recorded in the Report, an official, who was appointed to the public service in the position of Secretary (Scales A2-A5-A7) and was seconded to the Etiquette Directorate of the Ministry of Foreign Affairs, in a total of 155 working days presented to the Ministry only 43 days, while for 81 working days he obtained a sick leave certificate (106 including Saturdays / Sundays and holidays), he was absent with 6 days off with a rest leave and 25 working days he was unjustifiably absent from his work.
It is pointed out that, when he was informed of his duties and his duties were handed over in writing, the official stated that he did not want to work in Etiquette, but in a Diplomatic Mission Abroad and that he was not interested in the duties assigned to him.
Earlier, the person was seconded to the Ministry of Foreign Affairs – Permanent Representation in Geneva with the consent of the Ministers of Foreign Affairs and Finance and he was granted an increased percentage of general foreign allowance from 54% to 68%, which was revised to 70%, at his request , on the grounds that he holds a degree.
His secondment was terminated earlier and he was reassigned to the Embassy of Athens, as his choice, for a period of three years and was renewed for another year, despite the fact that the Center stated that it could not substantiate the need for secondment. , at the Embassy of Athens.
Due to his involvement with the duties of the Follower Press, he was granted a special monthly allowance of € 136, ie an additional 5% of the general allowance abroad, as if he held the permanent position of Press Officer and Information Officer . From correspondence between the Embassy and the Ministry, it became clear that the above official was underemployed for some time.
According to the Audit Office, in addition to his salary, annual bonuses amounting to € 75,360 were paid to the said official.
It is finally noted that on 31.3.2021 the Administrative Court with its decision in ref. No. 647/2019 canceled the secondment of the official to the Ministry of Foreign Affairs , for the performance of special duties, for the period from 25.2.2019 to 10.2.2021. Due to the above development, the Presidency in a letter dated 8.4.2021 requested the legal advice of the Attorney General for the further handling of the disciplinary procedure, while with a separate letter dated. 8.4.2021 to the Attorney General and the Chairman of the Public Service Committee requested that the possibility of an appeal be considered for the above case.
The following are the details of the case, as recorded by the Audit Office:
A person was appointed to the civil service on 3 January 2000 in the position of Secretary in the category of General Secretarial Staff (Scales A2-A5-A7) and was appointed to the Presidency. Following his promotion to the position of stenographer of the Presidency, namely on 1 February 2004, the Civil Service Committee decided to second him to the Internal Audit Service for 2 years.
Subsequently, the said official was seconded to the Ministry of Foreign Affairs – Permanent Representation of Geneva from 16.2.2009 to 15.2.2011 for the performance of special duties and then his secondment was extended from 16.2.2011 to 15.2.2013. On 18.6.2014, with the consent of the Ministers of Foreign Affairs and Finance, he was granted an increased percentage of general foreign allowance from 54% to 68%, which was revised to 70%, at his request, on the grounds that he holds a degree.
His secondment was terminated earlier on 30.9.2012 and he was placed again by secondment, at the Embassy of Athens, as his choice, for a period of three years from 1.10.2012 until 30.9.2015 and was renewed for another year until 30.9.2016, despite the fact that the Center stated that it could not substantiate the need to second an official to the Embassy of Athens.
Due to his involvement with the duties of the Follower Press from 1.9.2013 (after the termination of an agreement concluded by the Embassy in the field of media), he was granted a special monthly allowance of € 136, ie an additional 5% of the general foreign allowance. as if he held the permanent position of Press and Information Officer. From correspondence between the Embassy and the Ministry, it appears that the above official was underemployed for some time.
His secondment to the Embassy of Athens ended earlier on 21.2.2016 and was seconded again to the Permanent Representation of the Republic of Cyprus in Geneva from 22.2.2016 – 15.2.2018. For his employment abroad, it seems that the conditions / conditions were created for the exercise of special duties, after the termination of an agreement concluded by the Embassy in the field of mass media with local staff, to whom no bonuses were paid.
According to the Budget Law for 2019, the approved position of stenographer in the Presidency was abolished with its vacancy. Therefore, in the aforementioned Special Report, the Audit Office stated that if the position of this official in the Presidency is not required as a stenographer, this person could serve in Cyprus as a stenographer, in Departments in need of stenographers such as e.g. to the Courts, taking into account that the official in question, in addition to his salary, was paid annual allowances of € 75,360.
The Public Service Committee by letter, dated 25.2.2019, following the recommendation of the competent authority, decided, pursuant to the provisions of article 47 (1) (e) of the Public Service Laws, to second the official to the Ministry of Foreign Affairs, for the performance of special duties, from 25.2.2019-10.2 .2021. In an email, date 4.7.2019 , the Directorate of Administrative Affairs of the Ministry of Foreign Affairs informed our Audit Office that the person in question for the period 25.2.2019-5.3.2019 was in the Presidency, while on 6.3.2019, he was informed by letter of the former Director General of the Ministry Foreign that it was placed in the Etiquette Directorate of the Ministry, with effect from 6.3.2019.
Absences: For the period 16.2.2018-5.3.2019, when the official served in the Presidency, he applied for and received a 23-day rest leave and a 24-day sick leave. The clerk arrived at the Etiquette Directorate on 18.3.2019 (he had informed by phone that he would be absent due to illness for a few days) and when he was informed of his duties and handed over his duties in writing, the clerk stated that he did not want to work in Etiquette but on a Diplomatic Mission Abroad and that he is not interested in the tasks assigned to him.
The Director General of the Ministry of Foreign Affairs by letter, dated 14.6.2019, informed the Head of Administration of the Presidency about the unjustified absence of the said official from his job and about his refusal to perform the duties assigned to him and specifically that, from 6.3.2019 he was placed in the Etiquette Directorate of the Ministry of Foreign Affairs, X showed up at the office in very few cases, without informing and in most cases without taking leave of rest or illness.
The Audit Office points out that this official , in a total of 155 working days, for the period 6.3.2019-22.10.2019, presented himself to the Ministry only 43 days, for 81 working days he obtained a sick leave certificate (106 including Saturdays / Sundays and holidays), he was absent from work for 6 days on leave and he was unjustifiably absent from work for 25 working days.
c. Disciplinary measures against him. In view of the above, the Director General of the Ministry of Foreign Affairs requested from the Head of Administration of the Presidency, as a competent Authority, to conduct the appropriate disciplinary investigation against him, under the provisions of Article 81 (2) (b) of the Civil Service Laws.
Subsequently, the Director General of the Ministry of Foreign Affairs requested in a letter, dated 24.6.2019, by the Head of Administration of the Presidency, as he takes the necessary actions for the immediate termination of the secondment of X to the Ministry of Foreign Affairs, as the purpose for which the secondment was made has not been achieved, ie to cover serious service needs due to the continuous absence of the official in question from his duties, as well as that he considers it unfair that he has in his power an official who is constantly absent or refuses to perform the duties assigned to him.
We note that the Head of Administration of the Presidency in a letter, dated 31.7.2019, requested from the General Director of the Ministry of Foreign Affairs to arrange for the deduction from the salary of the said employee of the hours he was unjustifiably absent from his work, based on the provisions of paragraph (2) of Regulation 3 of the Civil Service (Working Time) Regulations.
The Council of Ministers decided on 12.7.2019 to appoint an Investigating Officer, to conduct an investigation into a possible commission by X of the disciplinary misconduct of unjustified absence from work and the refusal to perform the duties assigned to him.
We note that on 8.10.2019 the Head of the Presidential Administration forwarded the disciplinary inquiry to the Attorney General for an opinion on whether disciplinary offenses occur against the employee in question, noting that he agrees with the content of the Report in question.
The Attorney General with a letter dated 11.9.2020 informed the Head of the Presidency Administration that his position is as if the competent authority briefly adjudicates the said official for specific disciplinary offenses which he lists in his aforementioned letter.
In this context, and following legal advice from the Attorney General on On 14.10.2020, the Head of Administration of the Presidency, due to his obstruction, transferred on 3.11.2020 the power for summary judgment of the disciplinary case against him to a seconded official in the Presidency, who holds a position higher than the official.
On 18.2.2021 the Head of Administration of the Presidency sent a letter to the said official, assigning him specific tasks in the Office of the Commissioner for Development of Mountain Communities. On 29.3.2021 the official appealed to the Administrative Court against the above decision.
It is noted that on 31.3.2021 the Administrative Court with its decision in ref. No. 647/2019 canceled the secondment of the official to the Ministry of Foreign Affairs , for the execution of special duties, for the period from 25.2.2019 to 10.2.2021. Due to the above development, the Presidency in a letter dated 8.4.2021 requested the legal advice of the Attorney General for the further handling of the disciplinary procedure. Also with a separate letter dated. 8.4.2021 to the Attorney General and the Chairman of the Public Service Committee requested that the possibility of an appeal be considered for the above case.
Philenews
