Government Regulation No. 145 / 2015 Coll.
Government Regulation on measures relating to the notification of suspected infringements in the Office
Valid
Regulation
Effective from 01.07.2015
Text versions:
01.07.2015
23.06.2015
145
GOVERNMENT REGULATION
of 15 June 2015
on measures relating to the notification of suspected infringements in the Office
The Government orders pursuant to § 205 (d) of Act No. 234 / 2014 Coll., on the Civil Service:
Protection of the notifier
A civil servant who notifies or in connection with an infringement by a representative, a civil servant, another employee or a person in service under another law in the course of, or in connection with, the performance of a civil service, work or public function under this Regulation, or by a procedure under another law, hereinafter referred to as "the notifier ', including anonymously, shall not be affected, disadvantaged or subject to pressure in connection with such conduct.
Organisational ensuring notification of infringements
(1) The service authority shall establish:
(a) as a general rule, in its immediate subordination, the official post of a civil servant who receives the notifications and examines the suspicions contained therein, hereinafter referred to as "the investigator"; If the service body is a government, it shall designate investigators from civil servants performing a civil service in the Office of the Government of the Czech Republic,
(b) in the headquarters of the Office and, if it is a government, in the seat of the Office of the Government of the Czech Republic, a letter-based receipt box; the box must be publicly accessible, lockable, located in such a way as to enable the notification to be made in such a way as to minimise the possibility of detection of the identity of the notifier, and marked in such a way that its purpose is clear; and
(c) the e-mail address for receipt of notifications in electronic form.
(2) Information on who is the investigator, where the receipt box is located and what is the e-mail address for receiving notifications in electronic form, will be published by the service authority on the website of the service office, or other, in the service office in the usual manner, and, in the case of the government, on the website of the Office of the Government of the Czech Republic.
(3) The investigator shall check the contents of the letter receipt box and the repository of the received e-mail address data messages for receiving electronic notification each working day.
(1) The investigating officer shall accept the notifications and investigate the suspicions contained therein, if they concern the Chief Executive, a civil servant, another staff member or a person in service under any other legislation included in the service office in which he is designated by the investigating officer, as well as the head of the immediately subordinate service office or the investigator in the immediately subordinate service office.
(2) The investigating officer designated by the Government shall receive the notifications and investigate the suspicions contained therein, if they concern a member of the Government, the Deputy Minister of the Interior of the Civil Service, the Head of the Central Administrative Office or the Prosecutor designated by the Deputy Minister of the Interior of the Civil Service or the Head of the Central Administrative Office.
(3) The investigating officer designated by the Deputy Minister of the Interior of the Civil Service shall receive the notifications and investigate the suspicions contained therein, if the Head of the Service does not have a superior office, a Secretary of State, a Director of the Civil Service Section or an investigator designated by the Head of the Service, who does not have a superior office, a Secretary of State or a Director of the Civil Service Section.
(4) The investigating officer designated by the Director of Staff of the Civil Service Section shall receive notifications and investigate the suspected persons involved, if they concern the Head, a civil servant, another staff member or a person in service under any other legislation included in the Civil Service Section.
Confidential identity of the notifier
The investigator shall disclose the identity of the notifier who requests it in the notification. The investigation shall be carried out in such a way as not to disclose the identity of such notifier.
Treatment and registration of documents
(1) The Office shall record the notification and the related documents in a separate document register.
(2) The Office shall keep a file established in connection with the notification separately from the other files. The service office shall set a three-year shredding period for this file.
(3) Where the notifier requests the confidentiality of his identity, the investigator shall enter the original of the notification and, where appropriate, other documents containing the information from which the identity of the notifier can be derived, in a sealed envelope and, for the purposes of keeping the file, copies thereof, in which such data may be contaminated. The service office shall keep the envelope separate from the file during the shredding period of the file.
(4) The tasks of the Office referred to in paragraphs 1 to 3 shall be carried out by the Office of the Government of the Czech Republic in the case of notifications to which the investigating officer designated by the Government is responsible and related documents.
(5) From natural persons operating in the service office, only the service authority and the investigator shall have access to the records referred to in paragraph 1 and the file referred to in paragraph 2 while they are maintained and kept in the service office, and in the Ministry a member of the government and in the Office of the Government of the Czech Republic, the Head of the Office of the Government of the Czech Republic. Only the Prime Minister, the Head of the Office of the Government of the Czech Republic and the investigating officer designated by the Government have access to the registration and file relating to the notification to which the investigating officer designated by the Government is responsible for the investigation.
(6) The contents of the envelope referred to in paragraph 3 may be made available only for the purposes of criminal proceedings, judicial proceedings or administrative proceedings, if this is necessary to achieve their purpose, while it is kept in the service office.
Time limits for investigating the notification
The investigator shall investigate the suspicion within 20 days of the date of receipt or transmission of the notification and, in particularly difficult cases, within 40 days of the date of receipt or transmission of the notification.
Information on the course and results of the investigation
(1) The investigator shall draw up a written report on the course and results of the investigation. If the investigation of the suspicion in the notification confirms itself, the report shall also contain a draft of the measures to be taken.
(2) If the investigator finds that a criminal offence may have been committed by a notified infringement, he shall immediately forward the notification to the criminal authority. Where the investigating officer finds that an administrative offence may have been committed by a notified infringement, he shall immediately forward the notification to the administrative authority responsible for the investigation.
(3) The investigator shall send the investigation report to the notifier if known. If the investigation of the suspicion referred to in the notification is confirmed, the investigating officer shall also send the report of the investigation to the service authority designated by the investigating officer and, if the investigating officer is in the Ministry or the Office of the Government of the Czech Republic, also to the member of the Government or Head of the Office of the Government of the Czech Republic.
(4) The Staff Authority, the Member of the Government and the Head of the Office of the Government of the Czech Republic will inform the investigators of the measures taken. The investigator shall inform the notifier of the measures taken which he has been informed of.
By 1 March of the following calendar year, the investigator shall submit to the Ministry of the Interior a written report on his activities for the previous calendar year via the service body designated by the investigator. The report shall indicate at least the total number of notifications, the number of notifications which have been submitted for investigation to another investigator, the criminal investigation authority or the administrative authority responsible for dealing with an administrative offence, the number of ongoing investigations, the number of completed investigations, the deficiencies identified and the measures taken by the service authorities, the members of the government and the head of the Office of the Government of the Czech Republic on the basis of the investigation reports.
Efficacy
This Regulation shall enter into force on 1 July 2015.
Prime Minister:
Sobotka v. r.
Minister of Interior:
Breeding v. r.
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Regulation Information
| Citation | Government Regulation No. 145 / 2015 Coll., on measures relating to the notification of suspected infringement in the Office |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.06.2015 |
|---|---|
| Effective from | 01.07.2015 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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