Caselaw

Appeal Petition/Administrative Claim 7000/19 Anonymous v. Israel Prison Service - part 3

March 12, 2021
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(1) Appoint, transfer, and promote or demotively appoint junior guards, as he deems appropriate;

(2) To suspend, release or dismiss a prison guard, if it is proven to his satisfaction that the prison guard is negligent or ineffective in the performance of his duties or is unfit for his duties for any other reason, as well as to suspend a prison guard who has been accused of improper conduct, or who is being investigated for committing an offense or disciplinary offense, provided that a senior prison guard is not suspended, and a guard of rank or above shall not be dismissed, except with the approval of the Minister.  If a prison guard is suspended, the Commissioner shall examine the suspension from time to time.

At the same time, the extension of the service period of prison guards in the IPS is regulated In the section 85 The ordinance is as follows:

(a) The Commissioner may extend the period of service of a prison guard for additional periods of service, each of which shall not exceed five years.

(b) If a prison guard has completed a period of twenty years of service, the Commissioner may extend his period of service for an additional indefinite period.

(c) The extension of the period of service of a prison guard under this section shall be done in accordance with the request of the prison guard submitted to the Commissioner, for any additional period of service, during the seventh month before the end of his period of service.

(d) The Commissioner shall notify the prison guard of his decision under this section within sixty days from the date of submission of an application as stated in subsection (c); However, in special cases, for reasons that will be recorded, the Commissioner may notify his decision as aforesaid, up to the end of ninety days from the date of submission of the application.

As has long been established with regard to the dismissal of law enforcement personnel:

"There is a fundamental difference in the perception of the dismissal process of a civil servant compared to that of a police officer and a prison guard.  In the civil service, as a rule, dismissal is the result of disciplinary proceedings, and the power of dismissal is exercised following a disciplinary proceeding before a disciplinary court.  In the police and the Israel Prison Service, dismissal is an administrative measure taken by the head of the system, and they focus on suiting the police officer or prison guard to perform his duties, and without a necessary dependence between disciplinary proceedings or criminal proceedings taken against the service member.  This fundamental difference is explained by the special organizational infrastructure of the police and prison service systems, and by the special needs of those systems, which in the past led to the granting of extensive powers to those who head them in the field of organization and manpower" ( Sadiq, para.  39).

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