PART 3 | PERSONNEL BOARD PROCEEDINGS |
5.—(1) A personnel board is to meet at the times and places decided by the Chairperson.| (2) The Chairperson may permit some or all members to take part in a meeting by remote communications technology. |
| (3) A member who takes part in a meeting by remote communications technology is taken to be present at that meeting. |
| (4) In this regulation, “remote communications technology” means any technology that enables simultaneous audio or audiovisual communications. |
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| Inability to attend meetings |
| 6. A member who is unable to be present at any meeting must notify the Chairperson as soon as practicable. |
7.—(1) The quorum for a meeting of a personnel board is the fewer of the following:| (a) | 3 members; | | (b) | all members. |
(2) If a meeting of a personnel board does not have a quorum —| (a) | the members present may, after 10 minutes have elapsed after the time appointed for the meeting, proceed to transact any business as if a quorum were present; but | | (b) | any decision made at the meeting is an interim decision. |
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(3) An interim decision of a personnel board —| (a) | must be notified to all members within 7 days after the interim decision is made; and | | (b) | becomes final if —| (i) | the interim decision is confirmed by the personnel board; or | | (ii) | 14 days have elapsed since the interim decision was made and no member has requested the Chairperson to convene a meeting on the interim decision. |
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8.—(1) The Chairperson of a personnel board presides at every meeting of the personnel board.(2) If the Chairperson —| (a) | is not present within 10 minutes after the time appointed for a personnel board to meet; or | | (b) | is unwilling to act, |
| the members present may elect one of their number to preside at that meeting. |
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| (3) The presiding member must ensure that these Regulations are observed. |
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9.—(1) Subject to these Regulations, a resolution proposed at a meeting of a personnel board is to be decided by a majority of the votes of the members present and voting.(2) If there is an equality of votes under paragraph (1) —| (a) | the presiding member has a casting vote (which is in addition to his or her deliberative vote); and | | (b) | the proposed resolution lapses if the presiding member declines to exercise his or her casting vote. |
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| Making decisions without meeting |
10.—(1) A personnel board may, in accordance with this regulation, make decisions without meeting.(2) The Secretary may, at the direction of the Chairperson, send to all members of the personnel board a written notice stating —| (a) | a proposed resolution; and | | (b) | the time within which, and the manner in which, a member must notify the Secretary of the member’s vote on the proposed resolution. |
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| (3) A proposed resolution under paragraph (2)(a) is to be decided by a majority of the votes of the members who have notified the Secretary of their votes within the time and in the manner stated under paragraph (2)(b). |
(4) If there is an equality of votes under paragraph (3) —| (a) | the Chairperson has a casting vote (which is in addition to his or her deliberative vote); and | | (b) | the proposed resolution lapses if the Chairperson declines to exercise his or her casting vote. |
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| Members with interest must not take part in decisions |
11. If a member has any personal or other interest in a matter before a personnel board that makes it unjust or improper for the member to consider the matter —| (a) | the member must disclose the nature of the interest to the personnel board; | | (b) | the disclosure must be recorded in the minutes of the personnel board; and | | (c) | the member must not take part in any deliberations or decision of the personnel board on the matter. |
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| Notification of promotion decisions |
12.—(1) All candidates in a promotion exercise held by a personnel board must be notified of the decision of the personnel board.(2) For the purposes of these Regulations, if —| (a) | a personnel board informs all candidates in a promotion exercise of the successful candidates in that exercise; and | | (b) | a candidate in that exercise is not notified that he or she is a successful candidate in that exercise, |
| the candidate is deemed to have been notified of the personnel board’s adverse decision on the date of the notification in sub‑paragraph (a). |
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| Compliance with Government Instruction Manuals, etc. |
| 13. In the exercise of its functions, a personnel board must abide by the Government Instruction Manuals or other administrative orders or directives for the time being lawfully issued and in force by the Public Service Division of the Prime Minister’s Office. |
14.—(1) A personnel board may establish one or more panels to assist it in the performance of its functions in relation to a promotion or recruitment exercise, as the case may be.(2) In deciding whether to establish a panel, a personnel board must have regard to —| (a) | the procedure for the exercise; | | (b) | the number of posts, grades, officers and persons involved in the exercise; and | | (c) | the time that may be taken for the exercise. |
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| Proceedings to be private, etc. |
15.—(1) Subject to these Regulations, the proceedings of a personnel board must be conducted in private.| (2) A personnel board may invite a person to attend its proceedings to assist it in the performance of its functions. |
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| Personnel board may regulate own procedure |
16. Subject to these Regulations, a personnel board may regulate its own procedure, including the procedure relating to —| (a) | the holding of meetings and notice of meetings; | | (b) | the proceedings at meetings; and | | (c) | the keeping, custody, production and inspection of minutes. |
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