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Question Municipal Employee Complaint

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Alexander Espinosa
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3 years 11 months ago #3486 by Alexander Espinosa

Alexander Espinosa created the topic: Municipal Employee Complaint

Hi. If an employee of municipal office uses profane languages on social media which pertains to an ordinary citizen, are there any liabilities? The municipal employee keeps on posting profane languages on her social media account that majority of the citizen of the town reads. What are the possible disciplinary measures that the person can be subject for? Also, how to file a complaint against the behavior of municipal employee?

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Action Officer
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3 years 11 months ago #3488 by Action Officer

Action Officer replied the topic: Municipal Employee Complaint

Please be informed that in determining the proper offense, the same will depend on the act/s committed by the respondent. Nevertheless, please refer to Section 11 of the RACCS in filing a proper complaint. Notably, you may file your complaint with our Regional Office having jurisdiction over your municipal government.

In the event that you decide to pursue your action before our Regional Office, plase cmply with the following requirements for a valid complaint prescribed under the 2017 Rules on Administrative Cases in the Civil Service (2017 RACCS), to wit:

xxx

“Section 11. Requisites of a Valid Complaint. No complaint against an official or employee shall be given due course unless the same is in writing, subscribed and sworn to by the complainant. In cases initiated by the proper discipling authority or an authorized representative, a show cause order is sufficient.

“The complaint shall be written in a clear, simple and concise language and in a systematic manner as to apprise the person complained of, of the nature and cause of the accusation and to enable the person complained of to intelligently prepare a defense or answer/comment. Should there be more than one person complained of, the complainant is required to submit additional copies corresponding to the number of persons complained of.

“The complaint shall contain the following:

a. full name and address of the complainant;
b. full name and address of the person complained of as well as his/her position and office;
c. a narration of the relevant and material facts which shows the acts or omissions allegedly committed;
d. certified true copies of documentary evidence and affidavits of his/her witnesses, if any; and
e. certification or statement of non-forum shopping.

“The absence of any of the aforementioned requirements may cause the dismissal of the complaint without prejudice to its refiling upon compliance with the same.”

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