SUSPENSION POLICY FOR RUSTENBURG CPF

Transcription

1 SUSPENSION POLICY FOR RUSTENBURG CPF Rustenburg CPF Constitution Addendum Suspension Policy - Page 1 of 5

2 Table of Contents SUSPENSION POLICY GENERAL SUSPENSION PANEL NOTICE OF THE MEETING BY THE SUSPENSION PANEL MEETING OF THE SUSPENSION PANEL TERMINATION OF SUSPENSION APPEAL AGAINST A SUSPENSION... 5 Rustenburg CPF Constitution Addendum Suspension Policy - Page 2 of 5

3 SUSPENSION POLICY 1. GENERAL 1.1. A decision to suspend should be taken with care and in the light of the circumstances involved The essential aspects to consider when suspending a member shall be: a) Reasonable suspicion of misconduct. b) The seriousness of the alleged misconduct or transgression. c) The possibility of potential witnesses being intimidated should the person/s not be suspended; and d) The possibility that evidence may be lost or tampered with, should the person/s not be suspended. e) Ideally, suspension should be reasonable and justifiable and for a period not longer than thirty (30) days, unless the circumstances of each case, determined on its own merits, suggests otherwise Any Member charged with a misconduct as defined in the Code of Conduct may voluntary step down from his / her position as a member of the Sector and all other activities and structures of the Community Police Forum he/she serve in or represent until the disciplinary process had been completed A member who elects to step down must do so in writing and this notice must be handed to the Secretary of the Committee before the Suspension Panel convene to hear the matter In the event where a person refuses to step down voluntarily, he/she may be suspended by a Suspension Panel, but only after the due process as set out below has been followed Once a written complaint for alleged misconduct had been received by the Secretary, the Secretary shall, within three (3) days forward such complaint to the Chairperson of the Committee. 2. SUSPENSION PANEL The Suspension Panel shall consist of the following people: 2.1. Sector Chairperson 2.2. Two members of the Committee and 2.3. A registered member of Sector, who shall not be a Committee member. Rustenburg CPF Constitution Addendum Suspension Policy - Page 3 of 5

4 2.4. When a Sector Committee Member is involved, or when a Serious Offence was committed an Exco Member must be present. 3. NOTICE OF THE MEETING BY THE SUSPENSION PANEL 3.1. The member to be suspended should be informed in writing of the following at least 7 (seven) days before the meeting: a) The date, time and venue of the meeting b) The allegations that gave rise to the proposed action. c) That the accused will be afforded the opportunity to make representation as to why he / she should not be suspended Should the accused member fail to avail him / herself of the opportunity to make representation at the hearing, the hearing can also take place in the absence of the member if the Suspension Panel is satisfied that the member was properly informed and no valid excuse for the absence was tendered. 4. MEETING OF THE SUSPENSION PANEL During the meeting the accused member will have the right to make representation as to why he / she should not be suspended The Suspension Panel should carefully consider the accused member s representation to ensure there is sufficient evidence or legitimate reasons for the suspension Once a final decision has been made, the decision should be conveyed to the accused member in writing and the notice should contain the following: a) The decision of the Suspension Panel. b) If suspended, the reasons why the Suspension Panel saw it fit to suspend the member That the suspension will only be uplifted once the Independent Investigator, as referred to in the Disciplinary Procedure or the Disciplinary Panel as referred to in the Disciplinary Procedure has exonerated the member. 5. TERMINATION OF SUSPENSION Should the investigation into the alleged misconduct find no reason for a charge of misconduct or if the accused members have been found not guilty at subsequent disciplinary processes, including an appeal, a written notice of termination of suspension, effective from a specified date, must be given to the accused member. Rustenburg CPF Constitution Addendum Suspension Policy - Page 4 of 5

5 6. APPEAL AGAINST A SUSPENSION A suspended CPF Sector/Sub Forum member may appeal against his / her suspension with the Rustenburg Exco. The decision of the Rustenburg Exco will be final The Suspension Panel shall consist of the following people Minimum two Exco members Minimum two Sector Committee members Registered normal member of Sector, not a committee member The CPF member appealing the suspension. This SUSPENSION POLICY shall be effective from the date of approval and signature by the Members of Executive Committee. SIGNED AT Rustenburg ON THIS 17 th DAY OF June 2016 MR. J.H.L. de Klerk Rustenburg CPF Executive Committee CHAIRPERSON Mrs. N.E. Grant Rustenburg CPF Executive Committee SECRETARY Mr. P.L. Nel Rustenburg CPF Executive Committee TREASURER Rustenburg CPF Constitution Addendum Suspension Policy - Page 5 of 5