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Definition of "Misbehaviour" re:Garda Ombudsman

  • 10-06-2012 1:19pm
    #1
    Registered Users Posts: 251 ✭✭


    What would be the definition of 'Misbehaviour' as stated on the Garda Ombudsmans website?


Comments

  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Literally ..... Dictionary might help.


  • Registered Users, Registered Users 2 Posts: 618 ✭✭✭Farcear


    “misbehaviour” means conduct that constitutes an offence or a
    breach of discipline;

    SCHEDULE 5
    Breach of Discipline
    1. Discourtesy, that is to say, failing to behave with due courtesy
    towards a member of the public.
    2. Neglect of duty, that is to say, without good and sufficient
    cause—
    (a) failing or neglecting—
    (i) properly to account for any money or property
    received by the member of the Garda Sı´ocha´na in
    his or her capacity as a member, or
    (ii) promptly to do any thing that it is his or her duty as
    a member of the Garda Sı´ocha´na to do,
    or
    (b) doing anything mentioned in subparagraph (a)(ii) in a negligent
    manner.
    3. Falsehood or prevarication, that is to say, in the capacity of a
    member of the Garda Sı´ocha´na—
    (a) making or procuring the making of—
    (i) any oral or written statement, or
    (ii) any entry in an official document or record,
    that, to the member’s knowledge, is false or misleading,
    or
    (b) doing any of the following with a view to deceiving any
    person:
    (i) destroying or mutilating any official document or
    record;
    (ii) altering or erasing or adding to any entry in an official
    document or record.
    4. Abuse of authority, that is to say, oppressive conduct towards
    a member of the public, including—
    (a) without good and sufficient cause, making an arrest, or
    (b) using unnecessary violence towards any person with whom
    the member of the Garda Sı´ocha´na is brought into contact
    in the execution, or purported execution, of his or
    her duty.
    5. Corrupt or improper practice, that is to say—
    (a) soliciting or receiving as a member of the Garda Sı´ocha´na
    and without the consent of the Garda Commissioner any
    gratuity, present, subscription or testimonial (other than
    customary collections for such purposes as presentations
    to members on the occasion of transfer, marriage or
    retirement),
    (b) placing himself or herself as a member of the Garda Sı´ocha
    ´na under a pecuniary obligation to any person in a manner
    that might affect the member’s ability to discharge
    the duty of a member,
    (c) improperly using (or attempting to use) his or her position
    as a member of the Garda Sı´ocha´na for his or her private
    advantage, or
    (d) failing wilfully and without good and sufficient cause to
    pay any lawful debt in such circumstances as to be liable
    to affect his or her ability to discharge the duty of a
    member or as to be liable to compromise other members.
    6. Misuse of money or property in the custody of the Garda Sı´ocha
    ´na belonging to a member of the public, that it to say, misappropriating,
    or wilfully or carelessly misusing, losing or damaging, any such
    money or property.
    7. Intoxication, that is to say, owing to the effects of intoxicating
    liquor or drugs or a combination of liquor and drugs, being unfit for
    duty either while on duty or while not on duty but wearing a uniform
    in a public place.
    8. Discreditable conduct, that is to say, conducting himself or herself
    in a manner that the member knows, or ought to know, would
    be reasonably likely to bring discredit on the Garda Sı´ocha´ na.
    9. Accessory to conduct specified in this Schedule, that is to say,
    conniving at or knowingly being an accessory to such conduct.

    Discourtesy is reportable conduct... that's interesting.


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