Public Service Law (2000) (excerpts)

Public Service Law, of 25 December 2000 (excerpts)

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Article 60
Obligations

The officials must exercise the functions attributed to them with loyalty, efficiency and technical
objectiveness, guided by the ethical values of public service of neutrality, impartiality and integrity;
and specifically they have the following obligations:
1. To respect and obey the Constitution and the legal ordinance; respect the institutions of the
Principality, and not to undertake demonstrations or acts which could prejudice its good name.
2. To maintain political neutrality in the exercise of their functions.
3. Not to take part in the development of matters in which they or their families have a personal
interest, up to the fourth degree of consanguinity or second of affinity.
4. To comply with the regime of the working timetable established.
5. To apply diligently the legitimate instructions given by their immediate superiors within the ambit
of their functions.
6. To cooperate in the execution of functions and/or additional work as requested by their immediate
superiors or, in the case of need, required by the general Authorities, provided that these are connected
or compatible with the place they occupy in the relevant work place.
7. To be reticent over the matters of the Authorities in general and their work in particular, and to
watch over the security of the instruments and documents in their charge.
8. To maintain responsible conduct of attention, cordiality and good manner with the public, their
superiors, subordinates and working colleagues.
9. To disseminate the knowledge and abilities acquired in seminars, courses and other studies
subsidised by the general Authorities”.

Chapter VIII. Regime and disciplinary procedure
Section one. Disciplinary regime

Article 67
Disciplinary liability

1. The officials of the General Authorities must respect the duties and obligations established in the
Constitution and the legal ordinance, and those expressly regulated by this Law, and will be liable to
disciplinary action in the case of non-compliance.
2. A disciplinary fault is considered to be any action or omission which means non-compliance with
the obligations of officials.
The committing of a fault leads to the requirement of disciplinary liability by means of the
imposition of the appropriate sanction according to the type and procedure established in this Law.
3. The disciplinary liability will not only be attributable to the perpetrator of the fault, but also to
other officials who consent to, abet or induce the non-compliance with the obligations.
4. The requirement of disciplinary liability is understood without prejudice to the third party or
criminal liability that the officials may incur through non-compliance with their duties and
obligations.

Article 68
Disciplinary faults
Faults are classified as:
a) Slight
b) Serious
c) Very serious

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Article 70
Serious faults

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e) The issue of reports and agreements which through negligent action may cause serious
prejudice to the General Authorities and the public, and do not constitute a very serious fault.

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j) The lack of reticence with respect to matters of which they have knowledge by reason of their
own functions in the work place.

Article 71
Very serious faults

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d) Not respecting or obeying the Constitution or legal ordinance; not respecting the institutions of
the Principality, or making statements or acts which could prejudice its good name.
e) The issue of reports, the taking of agreements or any clearly illegal action or omission which
may cause very serious prejudice to the Authorities or the general public.
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i) The lack of discretion and reticence respecting matters which are known by reason of the work
place, when they cause serious prejudice to the Authorities or the general public.
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Article 72
Disciplinary sanctions

1. By reason of the faults defined in the Law, the sanctions which can be imposed are the
following:
a) For committing a slight fault:
A written warning.
Temporary suspension from work and loss of salary for a maximum period of fifteen days.
b) For committing a serious fault:
Obligatory relocation to another work place, with the corresponding adjustment of the
salary structure to the new work place.
Temporary suspension of work and salary for a time of fifteen days to one month. Dismissal from
a controlling post, with the corresponding adjustment of the salary structure to the new work place.
c) For committing a very serious fault:
Temporary suspension of work and salary from one month to six months.
Dismissal and disqualification, temporary or permanent, for the supply of services in any other
work place of the Public Authorities.
Committing a very serious fault can also, in addition to the sanction imposed, lead to the
relocation and/or dismissal mentioned in the section on serious faults.
2. No sanctions may be imposed for slight, serious or very serious faults except by virtue of a
disciplinary file, examined pursuant to the procedure regulated in this chapter and the
implementing rules.
3. Between the fault committed and the sanction imposed there must be a relative balance.
4. When the examination of a disciplinary file gives reasonable indications of criminal activity,
the process shall be suspended and the matter brought to the knowledge of the Public Prosecutor’s
Office.

Article 73
Evaluation of faults and disciplinary sanctions

The degrees of faults and disciplinary sanctions are assessed in accordance with the following
criteria:

The official’s background.
Responsibility in the work place corresponding to the position occupied.
Seriousness of the damage caused to the Authorities.
Intention.
Degree of participation.
Repeated incidents.

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