Public Service (Personnel Boards and Appeals Board) Regulations

The quorum for all meetings of a Personnel Board which has more than 3 members shall be 3 including the Chairman or his deputy, except that where a Personnel Board comprises only 3 members, all members of the Board shall be present.

If within half an hour from the time appointed for the meeting a quorum of members is not present, the meeting shall stand adjourned to such time and place as the Chairman or his deputy may determine.

Subject to these Regulations, all matters arising at a meeting of a Personnel Board shall be determined by a simple majority of the members thereof and a determination by a simple majority of the members shall for all purposes be deemed a determination of the Board.

Subject to these Regulations, matters arising at a meeting of a Personnel Board may be determined by a simple majority of votes and, in the event of an equality of votes, the Chairman or his deputy shall have a second or casting vote.

A Personnel Board may, if it thinks fit, transact its business by the circulation of papers, and a resolution in writing, signed by a simple majority of the members for the time being entitled to take part in the determination in respect thereof, shall be as valid and effectual as if it had been passed at a meeting of the Personnel Board duly convened and held.

Any such resolution may consist of several documents in like form, each signed by one or more members.

Subject to these Regulations, the proceedings of every Personnel Board shall be conducted in private.

A Personnel Board may invite any person who, in the opinion of the Board, can give information in respect of any particular matter which is likely to be of assistance to the Board.

Where it would be unjust or improper for any member of a Personnel Board, whether by reason of his personal interest or otherwise, to consider any matter which the Personnel Board is to consider, that member shall disclose the nature of his interest to the Personnel Board.

Any disclosure of interest in any matter made by a member under paragraph (1) shall be recorded in the minutes of the Personnel Board, and that member shall not vote or take part in any deliberations or determination of the Board with respect to that matter.

Any person while he holds office as an alternate Chairman or member in place of any Chairman or member of a Personnel Board (hereafter referred to as his principal) shall be entitled to —

Notwithstanding paragraph (1), an alternate Chairman or member shall be entitled to attend any meeting of a Personnel Board and to take part in the deliberations thereat even though his principal also attends the meeting.

The alternate Chairman or member shall not have the right to participate in the determinations of the Board with respect to any matter arising at that meeting.

An alternate Chairman or member shall hold office until his principal vacates office as Chairman or member of the Personnel Board, as the case may be.

The Chairman of a Personnel Board shall preside at every meeting of the Board.

The Chairman may appoint one of the members to be his deputy to preside as Chairman of a meeting if neither he nor the alternate Chairman are able for any reason to attend the meeting.

The Chairman or his deputy shall, at any meeting of the Personnel Board, ensure the observance of these Regulations.

All candidates in a promotion or recruitment exercise shall be notified by the Personnel Board concerned of its determination.

For the purposes of these Regulations, where a Personnel Board informs all candidates in a promotion or recruitment exercise of the date on which the determinations of the Board shall have effect, any candidate to whom no such determination is conveyed on or before that date shall be deemed to have been notified of the Board’s adverse determination on that date.

A person in respect of whom the Special Personnel Board has made a determination may, within 30 days after he is notified of such determination, apply to that Board for a review of that determination.

On receipt of any application under paragraph (1), the Special Personnel Board shall forthwith review the determination to which the application relates.

The Special Personnel Board, after reviewing its determination, may either confirm or vary that determination or substitute a fresh determination and, upon making its final determination, forthwith inform the person who applied for a review of that final determination of the Board.

Every appeal to the Commission or the Appeals Board shall —

An appeal may be accompanied by such relevant testimonials, qualifications, references and other information as the appellant considers necessary in support of his appeal.

The Commission or the Appeals Board may refuse to consider any appeal that fails to comply with paragraph (1).

An appeal to the Commission against a final determination of the Special Personnel Board shall be made in writing through the Chairman of the Special Personnel Board within a period of 30 days from the date the appellant concerned was notified of the determination of the Special Personnel Board.

On receipt of an appeal under this regulation, the Chairman of the Special Personnel Board shall —

An appeal to the Appeals Board shall be made in writing in accordance with these Regulations within 30 days from the date the appellant concerned was notified of the determination of the Senior Personnel Board or Personnel Board, as the case may be.

On receipt of an appeal under this regulation, the Chairman of the Appeals Board may direct the Chairman of the Senior Personnel Board or Personnel Board concerned to prepare —

The records or summary of such records and the grounds for the determination shall be sent by the Senior Personnel Board or Personnel Board concerned to the Appeals Board within a reasonable period from the date of receipt of the directions from the Appeals Board.

On receipt of the records and the grounds for the determination of the Personnel Board, the Chairman of the Commission or the Appeals Board, as the case may be, shall convene a meeting of the Commission or Appeals Board to consider the appeal.

The Commission or the Appeals Board shall decide an appeal solely on the merits of the case.

Before making any decision on the appeal, the Commission or the Appeals Board may —

The Commission or the Appeals Board, after considering the appeal, may —

Where the Appeals Board, after considering an appeal by any person, confirms the determination of the Senior Personnel Board or Personnel Board concerned, and the appellant informs the Appeals Board in writing within the prescribed period that he wishes to further appeal against the decision of the Appeals Board, the Chairman of the Appeals Board shall forthwith submit and refer on appeal the records or summary thereof of the meeting of the Appeals Board and the grounds for its decision to the Commission.

For the purposes of paragraph (1), the prescribed period shall be 30 days after the appellant is notified of the decision of the Appeals Board.

Neither the Chairman nor any member of a Personnel Board or Appeals Board shall, without the written permission of the President, publish or disclose to any unauthorised person or otherwise than in the course of duty the contents of any document or any part thereof, any communication or information which has come to his knowledge in the course of his duties under these Regulations.

Every person attending any meeting of a Personnel Board, Appeals Board or Commission, whether by reason of an invitation under regulation 6(2) or being called to give evidence under regulation 21(3), shall not publish or disclose to any other person any matter arising at such meeting of the Personnel Board, Appeals Board or Commission, as the case may be, except with the prior written permission of the President.

Any person who contravenes or fails to comply with paragraph (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.