Court - Illustration (Photo: ShutterStock)
The legal revolution, or in its washed-up name, the "reform", arouses great public controversy, but part of it is carried out not only in legislation led by the Minister of Justice and the chairman of the Constitution Committee, but also in private bills, such as the one that seeks to fundamentally change the disciplinary court for civil servants. To try and
understand Is this a move designed to streamline the system or, God forbid, one that may corrupt it (and the cynics will say: corrupt it even more), we turned to an expert in the field,
attorney Dr. Yaron Katan, who deals with labor law and teaches at the Ono Academic College.
Four ministers and the speaker of the Knesset put a private bill on the Knesset table, according to which civil servants who have been brought to disciplinary proceedings in the court of the Civil Service Commission will henceforth be brought to trial before a court composed of Knesset members.
"It is clear that every workplace needs rules of conduct and discipline among the employees, and between the employees and the management. This, in order to maintain normal working relationships, hierarchy, efficiency, etc., as well as to connect the employees to the values of the organization, its goals and objectives," explains Attorney Ketan: " In the public service, this matter is significant and even more important, because beyond what has been said, it is also intended to maintain the character and image of the public service as a body that provides service to all citizens, without improper political or other influences." According to him, precisely for this purpose, the Civil Service Law was enacted in 1963
( Discipline), by virtue of which the principles of discipline for civil servants, rules of ethics and conduct, as well as the establishment of the Disciplinary Court were established.
"It should be emphasized that in light of the nature of the public service and in order to maintain public trust and the good name of the public service, disciplinary offenses in the public service are not only violations of the working relationship, but are also related to the purity of morals and behaviors outside of duty, which are inappropriate for the civil service or damage the image of the service the state, even if they are not at the criminal level. In this way, the disciplinary laws in the public service are much broader and more comprehensive than disciplinary regulations in a private workplace."
"Also, precisely in light of the uniqueness of the public service, and the built-in gap between the elected officials (the politicians) and the public employees (the officials), there is a need to maintain a balance between the elected officials' obligation to the electorate and the officials' obligation to the general public."
Minister Itamar Ben Gabir.
Among the MKs who want to entrust the temporary court for civil servants to politicians only (Photo: Reuven Castro)
How is a disciplinary procedure conducted against a civil servant?
Attorney Dr. Katan: "In the Civil Service Commission, the government body responsible for managing civil servants, there is a disciplinary division, whose role is to implement the rules of discipline and enforce them on civil servants. Within the division, there is an investigation unit, which is responsible for investigating complaints and disciplinary matters of the employees After the investigation unit comes to the conclusion that a disciplinary procedure is warranted, there are two routes for handling the disciplinary matter:
one
way is to bring the matter before a disciplinary committee, which has various powers to take action against the employee, such as a reprimand, a warning, a reduction in pay or a demotion, and a second way She should turn to the disciplinary court."
Who are the judges at the disciplinary court?
"The Disciplinary Tribunal consists of civil servants, appointed to their position by the Minister of Justice with the approval of the Prime Minister, in accordance with the eligibility conditions established by law. The Tribunal deliberates in a composition of three, and the proceedings are usually public, unless the Tribunal has decided otherwise. The judgments are also usually published, except if There is a ban on publication.
The powers of the Disciplinary Court are broader than those of the Disciplinary Committee, including a decision regarding the dismissal of the employee, the denial of severance pay and even the disqualification of an employee from performing other positions in the civil service. The
decision of the Disciplinary Court can be appealed to the District Court."
I understand that the State Comptroller has visited this court quite a bit,
Advocate Dr. Katan: "In recent years, criticisms have arisen against the disciplinary procedure in the civil service. In 2022, the State Comptroller's report was published, which mainly contained allegations about the continuation of the proceedings, in a way that harms the effectiveness of the disciplinary procedure , because instead of exhausting the law quickly and efficiently,
Is this also the basis for the bill?
Attorney Dr. Katan: "Another criticism arises from the new bill submitted by a number of Knesset members, including those who were recently appointed ministers -
Galit Distal Atbarian, Shlomo Karai, Yoav Kish, Itamar Ben Gabir, and even Knesset Speaker Amir Ohana
.
The bill focuses on the identity of the members of the disciplinary tribunal, and the criticism that they are all civil servants who are supposed to discuss disciplinary claims against their fellow civil servants.
According to the bill, those who will serve as members of the disciplinary tribunal are the members of the Knesset, the supervisors, by virtue of their role as the legislative authority, over the executive authority.
Also, the proposal claims that the disciplinary procedures also carry political aspects, and therefore the disciplinary tribunal that discusses their case should also be composed of political elements.
In addition, it is proposed that the disciplinary prosecutor, who is currently a civil servant in the disciplinary division, be appointed by the Knesset and be subject to its guidance, as well as the investigators who will work under him."
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Attorney Dr. Yaron Katan, deals in labor law and lectures at Ono Academic College (Photo: Elior Danino)
This is quite a dramatic proposition, isn't it?
Attorney Dr. Katan: "There is no doubt that this is a dramatic change in the disciplinary procedure in the civil service. It is not an upgrade of the disciplinary procedure, as suggested by the State Comptroller, but a complete change in its character. There is justice in the claim that the work of civil servants also
involves public and political aspects, Unlike employees in the private sector, and therefore also the disciplinary criticism of their behavior sometimes has public and political characteristics. However
, it is not certain that this proposal will be in order to streamline the disciplinary procedures, and there is a fear that these procedures will become political and unprofessional. There may be a place to incorporate public control over The disciplinary procedures in the appropriate cases, especially those that have a value and public component. However, it is not certain that changing the composition of the disciplinary tribunal and the inclusion of politicians in the tribunal will result in streamlining the procedures, and there is a fear that the procedure will become a political tool against civil servants."
Of money
Tags
Civil Service Commission
Amir Ohana
Galit Distal-Atebrian
Shlomo Karai
Yoav Kish
