Procedure on the disposal of administrative cases against SK officials sought

Procedure on the disposal of administrative cases against SK officials sought

The City Council, during last Monday’s regular session, approved on first reading a proposed ordinance prescribing for the procedure for the filing and disposition of administrative complaints against electives and appointed Sangguniang Kabataan (SK) officers in the city.

Under the proposed ordinance authored by Councilor Levy Lloyd Orcales, the purpose and coverage of the measure is to prescribe the guidelines on the imposition of disciplinary sanctions to SK officers that applies to all elective and appointed officers, namely the SK chairperson, SK kagawads, SK treasurer and SK secretary.

The ordinance pointed out that the SK officer who commits any misfeasance, malfeasance, or nonfeasance during his or her term shall be either suspended or removed from office, provided, that due process shall be accorded to the erring officer.

All administrative cases or complaints against elective and appointive SK officers shall be filed with the SK federation office, who shall determine if the complaint is sufficient in substance and form.

After determination of the sufficiency in substance and form of the complaint, the SK federation office will then endorse the complaint to the city legislative body through the Office of the Sanggunian Secretary.

Further, the complaint against the erring SK officer shall be treated as a regular administrative case which shall be brought to the proper committee that shall conduct the indispensable procedure of notice and hearing.

According to the ordinance, the committee shall schedule a preliminary conference to be conducted within 10 days from the date of receipt of the respondent’s answer, affidavits of witnesses, and other evidence that would support his or her case.

Moreover, the committee shall hear the case and take into account the affidavits and evidence that the parties have presented where the presence of a counsel is not required during such hearing.

After hearing the administrative case, the committee shall make its resolution prescribing the sanctions that may be awarded to the concerned SK officers.

Among the sanctions that may be imposed against the erring SK officers subject to the requirements of due process where the decision of the committee shall be final and executory include suspension for a maximum period of 6 months or be removed from office.

Privileges accorded to an SK officer shall likewise be suspended during the period of the erring SK officer’s suspension from office. In the event of removal, the erring SK official shall lose all the benefits and privileges accorded to him or her.

The ordinance claimed that the formulation of the implementing rules and regulations for better implementation of the proposed measure shall be directed by the city’s chief executive through the City Legal Office and the SK federation president with the approval of the city council. – Dexter A. See