Chapter 8 - The Public Service
In this Chapter
Part 1 The Public Service Commission
Part 2 Appointments of Public Officers
Part 3 Public Service Board of Appeal
Part 4 The Judicial and Legal Service Commission
Part 5 The Police Service Commission
Removal of Commissioner of Police or Deputy Commissioner of Police
Part 1 The Public Service Commission
The Bahamas must have a Public Service Commission. The members of this Commission are:
1. A Chairman
2. 2-4 other members
These members are chosen by the Prime Minister, after consultation with the Leader of the Opposition, and will be appointed by the Governor General.
MPs, Senators or public officers cannot be appointed as a member of the Public Service Commission.
A member of the Public Service Commission must give up their position:
1. At the end of the time specified at his/her appointment, or after three years
2. If he or she becomes a Member of Parliament, a Senator or a public officer.
If a member of the Public Service Commission is unable to perform, a temporary member can be chosen by the Prime Minister after consultation with the Leader of the Opposition. A temporary Chairman can also be chosen in the same way, but they must already be a member of the Commission.
There are some positions that this Constitution states must be filled by the Governor General after being advised by the Public Service Commission. A former member of the Commission will not be eligible to get any of these positions within five years of leaving the Commission.
Part 2 Appointments of Public Officers
The Public Service Commission will instruct the Governor to make or revoke appointments and to use disciplinary control.
The Public Service Commission consults with the Prime Minister when choosing Permanent Secretaries, Heads of Departments, the Financial Secretary and the Secretary of the Cabinet. The Prime Minister can advise the Governor General to transfer people into these positions from another area with the same salary.
The Prime Minister will consult with the Commission before instructing the Governor General to act on people who already hold public office. However, the Prime Minister has control over appointments to any office that requires the person to live outside of the country (Ambassador, High Commissioner, or representative at an international organisation) or other designated offices within the Ministry of Foreign Affairs.
The Prime Minister appoints and removes the Secretary to the Cabinet. This person is in charge of the Cabinet Office and can be given special instructions to supervise any department the Prime Minister is responsible for.
Part 3 Public Service Board of Appeal
When the Public Service Commission instructs the Governor General to remove or discipline a public officer, that officer can go to the Public Service Board of Appeal which can uphold or reject the decision. It can also make any other decision that the Commission can make. Decisions must have the majority of votes in favour.
The members are:
1. The Chair of the Board is chosen by the Chief Justice and must be qualified to hold a high judicial office.
2. One person chosen by the Prime Minister
3. The Governor General designates a group that represents the interests of Public Servants and this group chooses one member.
MPs and Senators cannot be members.
Temporary members can be chosen if a member is unable to perform the duties.
The Board works independently of any outside control and can decide its own guidelines for procedures, except for matters related to removal or matters related to officers who make more than a certain amount.
The Prime Minister can agree to give members special powers or duties necessary for the Board to complete its work.
Part 4 The Judicial and Legal Service Commission
The Commission instructs the Governor General on appointments and disciplinary actions for positions that require legal qualifications.
The members are:
1. The Commission is Chaired by the Chief Justice,
2. a Justice chosen by the Chief Justice
3. The Chairman of the Public Service Commission
4. Two people chosen by the Prime Minister after consultation with the Leader of the Opposition.
The people chosen by the Prime Minister serve for a specified amount of time up to three years and cannot be MPs or Senators. Temporary members can be chosen if needed.
Part 5 The Police Service Commission
Member are a chosen by the Prime Minister after consultation with the Leader of the Opposition. Members are:
1. Chairman
2. Two other members
They are appointed for a specified amount of time (up to three years) and cannot be MPs, Senators, or public officers. Temporary members can be chosen if needed.
After consulting with the Leader of the Opposition, the Prime Minister will choose the Commission and Deputy Commissioner of Police.
Positions at the rank of Assistant Commissioner and higher (except for Commissioner and Deputy) will be chosen by the Prime Minister after consulting with the Commission.
The Commissioner fills positions at the rank of Inspector and higher (up to Assistant Commissioner).
The Commissioner fills positions under the rank of Inspector after consulting with the Police Promotions Board. Members of Police Promotion Boards must be above the rank of Inspector.
The Commissioner makes decisions regarding the transfer of officers within the Police Force.
Removal of Commissioner of Police or Deputy Commissioner of Police
If the Prime Minister tells the Governor General that removal should be considered, the person will be suspended and the Governor General will appoint a tribunal consisting of a Chairman and at least two other people. The members of the Tribunal will be chosen by the Judicial and Legal Services commission and must be eligible to hold high legal office.
The suspension will be lifted if the Tribunal decides that the person should not be removed. The Governor General will remove the person if the tribunal decides so.
Decisions about the removal of other Police Officers are made by the Commission. However, the Commission must consult with the Prime Minister for ranks at Assistant Commissioner or above.
Powers of the Commissioner of Police
The Commissioner of Police can:
1. Reprimand any officer at the rank of Assistant Superintendant or above.
2. Discipline Inspectors. However, he will not be able to remove them or reduce their rank.
3. Remove or discipline any officers below the rank of Inspector.
The Commissioner can delegate any officer above Inspector to make decisions on discipline, except for powers to remove. Officers can appeal decisions made by the delegated person to the Commissioner.
Parliament can pass a law that allows Police Officers to appeal discipline decisions to the Governor General. In such cases the Police Service Commission will make a decision and direct the Governor General.
Part 6 Pensions
Unless stated otherwise, pensions are paid out of the consolidated fund.
Pensions and allowances are paid according to laws that were in effect:
1. On the date that the allowance was granted, or
2. On July 9, 1973, if the person was a public officer before Independence, or
3. On the date the person becomes a public officer, if it is after Independence
If there is an option to choose which laws should apply, the one that benefits the person most will be chosen.
If the law allows it, the Governor General can withhold or reduce pensions or allowances. The appropriate Service Commission will direct the Governor General when to use this power. For matters related to Pension, Justices are considered public servants.
Public Officers can appeal any decision to withhold or reduce their pension. This includes any disciplinary action that results in their pension being withheld or reduced. When such decisions are made, the authority that made the decision must send a written notice to the person informing them of the decision and giving them at least 28 days to appeal the decision.
The Public Service Board of Appeal will consider the request of the person and can hear any other person with useful information. The Board must have access to all information the authority used to make the decision.
The Board will then decide to uphold or revoke the decision. The Board cannot revoke the disciplinary action but can allow the person to receive the same pension he/she would have if not for the disciplinary action.
Part 7 Additional Guidelines for the Commissions
Any Commission in this chapter can get permission from the Prime Minister for any public officers to receive special powers in order to perform its duties.
The only reason why the Commission's decision will not be upheld is if the majority of members were not present or if an unentitled person took part in the proceedings. All decisions must be approved with a majority of people in favour. The Chair can cast the deciding vote if there is a tie.
The following areas cannot be questioned by any court
1. Whether or not a Commission has performed its duties properly
2. Whether or not an individual has performed his/her duties properly
3. Whether or not a member of a commission has performed any of the commission's work properly
The Prime Minister can request the removal of the Chairman of the Public Service Commission and the Judicial and Legal Services Commission.
Only the Prime Minister can request the removal of members of the Public Service Board of Appeal or the Police Service Commission. For the other Commissions the Chair can request the removal of members.
When a request for removal is made the Governor General appoints a tribunal. The Chief Justice chooses a Chairman and at least two other members who are all qualified to hold the office of Justice of the Supreme Court. If the person being questioned is the Chair of the Judicial and Legal Service Commission the President of the Court of Appeal will choose the members.
Members of Commissions who are under review can be suspended. The Governor General can revoke the suspension at any time.
The tribunal decides whether or not the person should be removed. If the decision is not to remove the person their suspension is automatically lifted.
The following offices are not considered to be in the public service
1. Governor-General
2. Prime Minister
3. other Ministers
4. Parliamentary Secretary,
5. Leader of the Opposition
6. President and Vice President of the Senate
7. Senator
8. Speaker
9. Deputy Speaker
10. Member of Parliament
11. Members of the Public Service Commission, Public service Board of Appeal, Judicial and Legal Service Commission, and Police Service Commission
12. Staff of the Department of Tourism or the staff of any other department or agency that a law specifies
13. Members of any board, committee, or similar body established by law
14. Justices and the personal staff of the Governor General. However, the constitution makes a few exceptions for these categories.
