Resolution No. (64) of 2013 on adopting the rules of procedure of the Commission for the Application of Standards for Assuming Public Offices

General National Congress Resolution

No. (64) of 2013

on adopting the rules of procedure of the Commission for the Application of Standards for Assuming Public Offices

The General National Congress

Upon review of:

• The Constitutional Declaration issued on 3 August 2011 and the amendments thereof;
• The bylaws of the General National Congress;
• Law No. (13) of 2013 on political and administrative isolation;
• General National Congress Resolution No. (63) of 2013 on appointing the president and members of the Commission for the Application of Standards for Assuming Public Offices;
• The outcome of the 107^th session of the General National Congress held on Wednesday 10 July 2013;

the following resolution was issued:

Article (1)

The annexed rules of procedure of the Commission for the Application of Standards for Assuming Public Offices, updated by virtue of the aforementioned Law No. (13) of 2013, shall be adopted.

Article (2)

This law shall enter into effect from its date of issuance, any contrary provision shall be repealed, and it shall be published in the Official Gazette.

General National Congress – Libya

Issued in Tripoli

On: 7 Ramadan 1434 AH

Corresponding to: 16 July 2013

Rules of Procedure

Chapter (1)

The Scope of the Rules of Procedure

Article (1)

The provisions of these rules of procedure shall be applicable to the Commission for the Application of Standards for Assuming Public Offices.

Article (2)

The Commission for the Application of Standards for Assuming Public Offices shall perform its tasks in virtue of Law No. (13) of 2013 on political and administrative isolation, it shall have legal personality and shall be financially independent, and its headquarters shall be in Tripoli.

Chapter (2)

Administrative Structure of the Commission

Article (3)

The administrative structure of the Commission shall be as follows:

First: The President of the Commission:

He is the legal representative of the Commission in all matters before all entities. His responsibilities include:

1. Preside over Commission meetings, supervise the organisation of Commission agendas, and signing session minutes along with the Commission’s Secretary;
2. Sign decisions issued by the Commission in implementation of Law No. (13) of 2013 on political and administrative isolation;
3. Supervise the administrative and financial affairs of the Commission in cooperation with the director of administrative and financial affairs;
4. Supervise information and communications management;
5. Supervise IT affairs;
6. Supervise archive management and documentation;
7. Exercise presidential and disciplinary authorities over Commission personnel with regard to all their professional affairs;
8. Sign all banking and financial transactions related to the Commission, open bank accounts, and sign those accounts along with the director of administrative and financial affairs;
9. Seek the help of consultants and experts required by the Commission and determine their financial compensation;

10. Any other responsibilities determined by the Commission.

Second: The Vice President:

He shall assume the responsibilities of the President when the latter is absent or when he delegates him to do so.

Third: Commission members:

They shall be appointed as members in the Commission by virtue of General National Congress Law No. (13) of 2013 on political and administrative isolation, Article (4).

Fourth: The Secretariat of the Commission:

It shall be composed of a Secretary and a number of assistants and shall assume the following duties:

1. Organise Commission meetings, create files for all subjects examined by the Commission, which include all correspondence and information related to said subjects, record Commission decisions regarding these subjects, archive them in a way that facilitates easy access later on, maintain their confidentiality and do not display them to anyone except the President and the members of the Commission;
2. Organise the agenda of the Commission based on the instructions of the President;
3. Record the minutes of Commission meetings and sign their final version along with the President;
4. Issue invitations and agendas for Commission meetings and ensure members receive them on time;
5. Create a register to record all Commission decisions in the order of their issuance.

Fifth: Legal Department:

The Department of Legal Affairs, via the State Lawsuits Authority, shall follow up on appeals presented by litigants before the judiciary, and call upon them to submit their written defences regarding the charges against them.

Sixth: Department of Administrative and Financial Affairs:

It shall be composed of a director and a number of assistants and shall assume the following duties:

1. Supervise the Commission’s administrative and professional procedures, maintain employee files, and implement decisions made by the President regarding employee work performance;
2. Organise services necessary for the Commission’s activity, such as transportation, headquarters, stationery, office requirements, and other administrative affairs and tasks assigned by the President;
3. Prepare correspondence regarding Commission affairs and receive incoming administrative correspondence;
4. Draft Commission budgets and accounts and submit them to the President for approval;
5. Prepare financial and audit reports on the Commission’s financial status upon the request of the President;
6. Prepare a documentary cycle that organises the mechanism for disbursing money from the Commission’s bank accounts according to the provisions of the budget and after receiving the necessary approval for each payment order, and prepare records and accounting books to control Commission income and expenses;
7. Monitor the Commission’s bank accounts and sign payment orders from those accounts along with the President or his deputy.

Seventh: Information and Communications Department:

It shall be composed of a director and a number of assistants and shall assume the following duties:

1. Receive incoming information, files, and complaints and prepare them for presentation before the Commission;
2. Communicate with other authorities, by virtue of an authorisation from the President, in order to receive information required by the Commission, complete this information, and receive responses and the required information on time;
3. Following up on the work of subsidiary offices, receiving incoming complaints and information, and determining shortfalls in order to present them before the Commission.

Eighth: IT Department:

It shall be composed of a director and a number of IT specialists and shall assume the following duties:

1. Provide necessary systems, networks, and computers in order to receive information via various media and sources, and organise, archive, restore, and analyse this information, and presenting it to the President and members of the Commission;
2. Design, activate, update, and manage the website, in order to communicate with people to receive information from them and to publish reports authorised by the Commission.

Chapter (3)

Commission Meetings, Quorum, Session Order and Decision-Making Mechanisms

Article (4)

The Commission shall hold its meetings upon the invitation of its President. In the event that the latter is absent or has an impediment, the Vice President shall take his place. If both the President and his Vice President are unable to, a Commission member shall be chosen to preside over the meeting. Seven members at least shall be present in order for the quorum to be complete, and decisions shall be adopted by the majority of the votes of the members present. In the event of a tie, the side on which the President has voted shall prevail.

Article (5)

The President shall manage the Commission’s meeting and organise its deliberations. No member shall be allowed to speak during the meeting unless the President permits it. Members shall be allowed to speak according to the sequence of their requests, and they shall try not to repeat what other members have already said and not to digress from the subject under discussion in the meeting’s agenda.

Article (6)

Commission decisions concerning the standards for assuming high positions shall be made according to the provisions of Article (4) after secret deliberations strictly between the President and the other members. The Commission’s Secretary shall not attend these deliberations and shall be present only after the decision has been made, in order to record it in the minutes of the meeting. Deliberations shall not be disclosed for any reason whatsoever, and the quorum for these deliberations shall be seven members at least. Decisions shall be adopted by the votes of the majority of the present members. In the event of a tie, the side on which the President has voted shall prevail.

Article (7)

No one except the President and the members of the Commission shall be allowed to view the decisions made concerning the cases that the Commission examines. The Commission’s decisions and files shall remain confidential. It is prohibited to photocopy them or disclose any information about them except with the President’s written approval. The person concerned may receive a copy of the Commission’s decision on the standards of assuming public office after submitting a request to the President and receiving his approval.

Article (8)

The Commission shall examine and review the extent to which the standards for assuming public office stipulated in Law No. (13) of 2013 apply to current employees and officials. It shall also examine candidatures submitted to it by relevant parties in order to allocate jobs or offices and to implement the standards for assuming public office. The Commission shall also issue a decision stating whether or not the standards stipulated in the law on political and administrative isolation apply, within a period of no more than 21 days after examining the case.

Article (9)

The Commission shall not accept candidacy requests unless the forms specified by the Commission are attached thereto, and they shall also contain all the information required about the candidate, as well as a signed statement from him on his C.V., a financial disclosure, a written declaration assuming legal responsibility for the authenticity of these documents, as well as all other required documents.

Article (10)

The Commission shall have the right to investigate employees or holders of public office or candidates, and to request any information or data it deems necessary. It shall also have the right to employ all necessary means to verify the authenticity of the information and declarations mentioned in the previous Article, as well as to seek the assistance of any party it deems fit to perform this task.

Article (11)

It is prohibited for the President or any other member to attend a meeting during which the Commission will examine the implementation of the standards of assuming public office regarding a relative of theirs up to the 4^th degree, or if the President or said member have a personal interest in their capacity as guardians, caretakers or proxies for the person concerned. The decision shall be considered void if they do attend.

Article (12)

The Commission shall examine requests submitted to it calling for recusal of the President or any of its members without the presence or the person concerned. It shall issue its decision either accepting or rejecting the request. In the event that the request is accepted, the member concerned shall not attend the meeting in which the issue for which the recusal was request is heard. If the request is rejected, the person who submitted it shall be notified.

Chapter (4)

Provisions on Commission Personnel

Article (13)

Personnel from the State’s administrative apparatus shall be delegated to perform tasks for the Commission according to the legal procedures in this regard. Assistants who are not part of the State employees shall be contracted directly by the Commission, and the Commission’s President shall directly determine the duration and conditions of delegation or the contractual agreement, as well as the financial compensation for each employee or assistant.

Article (14)

The Commission’s President shall have the right to form disciplinary councils to hold employees accountable if they commit administrative or financial violations. He shall also have the right to implement disciplinary penalties stipulated in the legislation in force as follows:

1. Reprimand;
2. Warning;
3. Deduction from salary for a period of no more than one week;
4. Suspension from work and referral to investigation;
5. Referral to the disciplinary council;
6. Contract termination.

Article (15)

Upon being appointed, Commission personnel shall swear the following oath before the Commission:

“I swear by God Almighty to perform my duties honestly, truthfully, and sincerely, to abide by the law and by the Commission’s rules of procedure, to be God-fearing in my work, and to keep the secrets of my job, so help me God.”

Article (16)

These rules of procedure shall enter into effect from their date of issuance.

The Commission for the Application of Standards for Assuming Public Offices – Libya

Issued on: 8 June 2013