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constitute the office of the Governor, This article concerns the suspension and dismissal of officers and the taking of other disciplinary action, and makes it clear that in these matters the Governor is subject to instructions from the secretary of state. These instructions are in fact contained in CRS 54 to 66 and in the further regulations made thereunder which regulate the manner in which
investigations are made and which also require the approval of the Secretary of state, I take it that you are broadly familiar with the contents of these regulations..
14.
A point which is sometimes overlooked is that although these regulations apply specifically to permanent and pensionable officers, in practice they also apply to agreement officers, The latter have to be dealt with in disciplinary matters in accordance with the terms of their contracts or, where those contracts do not make specific provision, as if they verc permanent and pensionable officers. In effect, this means that an agreement officer who is considered to have misconducted himself is proceeded against under CR 56 or CR 57 in the same way as a permanent officer.
15.
The procedures we use are designed to give the officer under investigation a high degree of protection. Before proceedings are instituted, the officer is given the chance to exculpate himself and where an investigation is ordered, the officer is allowed to defend himself by producing oral or written evidence and to examine and cross-examine vitnesses, He can be assisted in his defence by a public officer other than a legally qualified officer. The function of the investigation is to establish the material facts and express an opinion as to whether those facts amount to mis- conduct. The report of the investigation is submitted to the Civil Service Branch and checked with the Law Officers.
The head of department is invited to recommend a punishment and this recommendation is submitted to the public services
Commission before it goes to the Governor or 8CS for a decision. In the case of senior officers the approval of the 8 of 8 is also required before any punishment is imposed.
/16.