Tuesday, March 31, 2015

Alleged non-dismissal of drug-positive LGU employees mere hearsay

A MEMBER of the Disciplinary Action Committee of the local government unit (LGU) here described as inaccurate and unfair a news report published by the Cebu-based tabloid Super Balita alleging that two LGU employees found positive of drug use continue to be in service owing to their connections with city officials.

The committee member, who asked anonymity, said the allegation is fraught with lies and falsehoods considering they have not come up with any decision and recommendation on the fate of the employees that were the subject of the latest round of random drug tests by the LGU.

The source described as hearsay the identification of the subject LGU employees considering the committee did not release any names who underwent the drug test. He adds that they are keeping the names confidential to protect the privacy of the subject employees and their families based on the principle of presumption of innocence until proven guilty.

The source credits Mayor Edward C. Codilla for convening the Disciplinary Action Committee, something that was not done by past chief executives. Chaired by City Administrator Francis Pepito with department heads and representatives from first and second level employees as members, the committee is tasked to conduct investigations and hearings on erring officials and employees of the LGU.

Even if the employees were found positive of drug use, they still have a right to due process. Asked what is taking them long to come up with their decision, the source said their procedure is subject to Rules 4-9 of the Revised Rules on Administrative Cases in the Civil Service.

He outlines the process of their investigation. The first round of surprise drug test was conducted on Aug. 4 last year. On Sept. 15, a show cause order was issued to six employees who tested positive wherein they were made to submit their written answers/explanations.

Finding a prima facie case, the committee endorsed its recommendation to the mayor for issuance of a formal charge for grave misconduct. Respondents on Sept. 22 received the formal charge and thereafter a formal hearing was held on Oct. 8. On Nov. 13, a decision was handed down dismissing all six respondents from the service. One of them filed a motion for reconsideration but was denied on Dec. 13, 2014.

A second drug test was conducted on Sept. 8, 2014 and the third a week thereafter on Sept. 15. The procedure ideally takes three months but the close proximity of the two succeeding drug tests resulted to the delay in the resolution of the third case as the committee had to complete the procedure for the second batch.

The drug tests resulted to the dismissal of six regular employees during the first round and five casuals (plantilla) during the second. The source is confident that Mayor Codilla will uphold the committee’s recommendation for the third batch. Aside from drug cases, the committee has its hands full with three other administrative cases including that of the Civil Service Unit guard charged of mauling a co-employee.

Since assuming his position in July 1, 2013, Mayor Codilla has dismissed from service a record of 12 employees, more than his predecessors ever did. This shows his attitude as a disciplinarian and his desire for the LGU to be manned by competent, efficient and honest employees who will serve and be respected by the public, something Ormocanons should credit the mayor for, the anonymous source believes.

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