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Code of Conduct and Dispute Resolution

The following is the recommended Code of Conduct for members of the Party :-

The Peoples National Party is proud of its reputation for full and frank discussion of internal and national issues in a civil manner whilst respecting the divergent views of fellow members. In furtherance of this objective, this Code of Conduct shall regulate the behaviour of every Party member and promote good governance and the democratic process within the party. Accordingly every person in order to become and retain membership in the Party :- 

  1. Shall uphold and strictly act in accordance with the Constitution of the Party and this Code of Conduct.
  1. On no account shall act in contravention of the laws of Jamaica and shall not engage in conduct tending to create tension between Party members, personal attacks, defamation, acts of deliberate misinformation, malicious statements or vulgar abuse of or against a Party member or any other person and shall make every effort to prevent members from engaging in such conduct.
  1. Shall strictly comply with the following social media policies, which shall govern the conduct of members in digital and online communication, including but not limited to the use of messaging platforms, social networking services and third party content. Members shall ensure that:-

(i) Their postings are consistent with this Code of Conduct and are unfailingly courteous and respectful of others.

(ii) They avoid making statements or using photographs, video or audio that could be reasonably regarded as malicious, obscene, intimidating, disparaging or damaging to another’s character or reputation.

      (iii) They avoid posts that could contribute to a hostile Party environment.

      (iv) They only post content that is accurate, appropriate, respectful an is not prejudicial to   Party cohesion.

       (v) They only express personal opinions for which they are willing to be held accountable.

       (vi) They never criticise any aspect of a member’s private life, not connected with his public activities.

  • No Candidate shall engage in or undertake a national media campaign or promotion, paid or otherwise, (inclusive of television, radio, newspapers, billboards and cable) of the candidacy of another political party, or encourage or condone any other person to do so.  
  1. A starting point for all our actions as members of a party and a movement is to treat all people with dignity and respect. This applies to all our dealings with people, offline and online. Everyone should feel able to take part in discussion about the Party, country and world. Vigorous debate, including critical discussion, is to be encouraged, as long as it does not result in the exclusion of others. Abusing someone online is just as serious as doing so face to face. We stand against all forms of abuse and will take action against those who commit it.
  1. Generally, no member of the Party shall engage in conduct which in the opinion of the National Executive Committee (NEC) is prejudicial, or in any act which in the opinion of the NEC is detrimental to the Party. The NEC shall consider any incident which in their view might reasonably be seen to demonstrate hostility or prejudice based on disability, gender, race, religion or belief or sex as conduct prejudicial to the Party. The disclosure of confidential information relating to the Party or to any other member, unless the disclosure is duly authorized or made pursuant to a legal obligation, shall also be considered conduct prejudicial to the Party.
  1. Members shall utilise the internal processes and procedures provided by the Party to address complaints, protests and appeals relating to or arising from party internal matters and shall cooperate with the General Secretary in any enquiry into such complaints or protests, and shall accept the decision taken thereon and refrain from initiating or otherwise engaging in any public discourse in relation to such matters.

Resolution to amend the Dispute Resolution and the Disciplinary provisions in the Constitution of the People’s National Party, 2023

Object and purpose: This amendment is intended to replace sections 252 to 258 (inclusive) of the Party’s Constitution with provisions that establish a modern, efficient, centralised, and structured approach to the management of disciplinary issues within the Party. The following are the proposed new sections :-

  1. In this section unless the context otherwise requires : 

“Commission” means the Party’s Internal Affair’s Commission.

“Committee” means the Disciplinary Committee established herein. 

“Dispute Resolution Committee” means the conciliatory committee of the Commission established ad hoc to provide mediation services for disputes referred to it. 

“Disciplinary Offence” means any act or omission by a member of the Party which falls within the schedule of disciplinary offences set out in the Schedule hereto

  1. (1) The Commission shall have the authority to investigate allegations of disciplinary offences:
  1. on its own motion; 
  1. on receipt of a complaint by any member, group, division, region, committee, or other organ of the Party; or
  1. on referral from the National Executive Council or the Executive Committee        

 (2) A member, group, committee, or other organ of the party that has reasonable grounds to believe that a disciplinary offence has been, is being, or is likely to be committed by a member of the Party shall be entitled to lodge a report and/or complaint with the Commission. 

 (3) The Commission shall, within ninety (90) days of receipt of a report or complaint under subsection (2) hereof, proceed to investigate such complaint and shall have the right to: 

(i) interview the complainant, the accused member/s, and witnesses, and other persons of interest implicated by the complaint;     

(ii)request the production of documents, audio visual recordings,   correspondence (including electronic correspondence in whatever form), and any other material that it deems directly relevant to the subject matter of the complaint and/or report. 

 (4) Refusal by any member to comply with any reasonable request of the Commission made under subsection (3) hereof may be referred to the Committee for its consideration of an appropriate sanction in the circumstances of the case. 

  1. (1) Upon completion of its investigation, within such period as is reasonable in the circumstances, the Commission shall, in its sole discretion, determine whether the evidence arising out of its investigation of a complaint gives rise to a prima facie case that the accused member/s has/have committed a disciplinary offence. 

 (2) Where the Commission determines that a prima facie case has been made out against an accused member, the Commission shall:

(i) in the case of a complaint alleging gross misconduct as defined in the Schedule hereto, refer the complaint to the Committee;  

(ii) in the case of a complaint which does not allege gross misconduct, refer the complaint to the Dispute Resolution Committee (DRC) for mediation. 

 (3) Upon receiving referral of a complaint, the DRC shall:

(i) facilitate conciliatory and/or mediation meetings with the aggrieved and accused parties in accordance with the Grievance Procedure and Dispute Resolution Process set out in the By Rules of the Constitution with a view to resolving the dispute; 

(ii) furnish a report to the Committee within thirty (30) days of the date of the referral confirming whether the complaint has been resolved; or 

(iii) where a complaint referred to it has been resolved, cause a certificate to be issued to the Commission together with its report under subsection (ii) hereof, duly signed by the parties to the complaint that the dispute has been resolved, and the Commission shall take no further action after receipt of the certificate.  

 (4) Upon receipt of a report from the DRC that a complaint has not been resolved by conciliation/mediation, the Commission shall refer the complaint to the Committee.    

 (5) In any case where the Commission has referred a complaint to the Committee for adjudication, the Commission shall:

(i) Issue a charge letter to the accused which must: 

  1. inform the accused of the details of the allegations against them; 
  2. enclose copies of all material, documents, statements, etc. which were disclosed to the Commission during its investigative process; 
  3. advise the accused of his right to be represented at the hearing of the dispute before the Committee by an Attorney-at-Law or another member of the party if they so choose;

(ii) issue to the Committee a Notice of Referral and supplying it with a copy of the charge letter and enclosed documents referred to under subsection 5(i) hereof; and 

(iii)appoint a nominee from among its members to lead the evidence against the  accused member at the Committee’s hearing.  

  1. (1) The Party Executive Committee shall appoint: 

(i) not more than ten (10) members of the Party to the Committee,  who:

  1. a. are in good standing;
  2. have been members for no less than 10 years; 
  3. who are, in its evaluation, found to be members of high moral character; and 

(ii) not more than five (5) persons to the Committee who are not members of the Party, who are known to be sympathetic to the Party and are :

  1. Attorneys-at-Law who have been entitled to practice law in Jamaica or in the Diaspora for 10 years or more and/or are; 
  2. former members of the judiciary of Jamaica, and/or are; 
  3. accredited in dispute resolution by the Disputes Resolution Foundation of Jamaica;

     

(2) No member of the Party’s Executive Committee shall be appointed a member of the Committee. 

(3) The Party’s Executive Committee shall appoint one member selected pursuant to section 255 to serve as Chairperson of the Committee. 

(4) The Chairperson of the Committee shall, for the purpose of adjudicating a complaint, refer the complaint to a panel of members of the Committee comprised of two members appointed pursuant to section 255(1)(i) and one member appointed pursuant to section 255(1)(ii).

(5) The Panel shall issue to the Commission, the accused member, and all interested parties a Notice of Hearing advising them of the date, time, and location of the hearing no later than seven (7) days prior to the hearing date. 

  1. The Panel of members shall, after a full hearing concerning the complaint determine whether the allegations set out in the complaint have been made out against the member and, if so, it shall:

(i) in the case of a finding of an offence which is not an offence of gross misconduct:

  1. censure the member and issue to them a written warning; 
  2. suspend the member from a post, office, or position held within the Party for a period of no more than thirty (30) days; 
  3. suspend the member from the Party for a period of no more than 30 days; and/or  
  4. cause the member to publish a private or public apology.  

(ii) in the case of a finding of an offence which is an offence of gross  misconduct:

  1. censure the member and issue to them a written warning; 
  2. suspend the member from a post, office, or position held within the Party for a period of no more than 1 year; 
  3. suspend the member from the Party for a period of no more than 1 year;  
  4. cause the member to publish a private or public apology; and/or  
  5. Expel the member from the party.   
  1. All decisions of the Committee shall be communicated to the affected member in writing within fourteen (14) days of the decision being made and the member must be advised of the right to appeal against the sanction the Appellate Tribunal.
  1. (1) The Party’s Executive Committee shall appoint an Appeals Tribunal comprising three (3) persons, not more than one (1) of whom is not a member of the Party, who are either:
  1. Attorneys-at-Law who have been entitled to practice law in Jamaica or in the Diaspora for no less than 10 years and/or;
  2. A former member of the judiciary of Jamaica; 

        (2) A party member who has been sanctioned by the Committee may lodge an appeal by issuing a Notice of Appeal in writing to the office of the General Secretary of the Party, within 21 days of the date of the Committee’s decision.  

(3) The General Secretary shall, immediately cause the Notice of Appeal to be brought to the attention of the Appeals Tribunal for its action. 

         (4) An appeal may be brought on grounds that:

  1. a fundamental breach of the rules of procedure, due process, and/or principles of natural justice made in the investigation of the complaint and/or conduct of the hearing occurred which renders the decision unsafe; 
  1. the decision is based on findings of fact that are not supported by the evidence before the Tribunal;
  1. the sanction imposed is disproportionate to the findings of misconduct; or
  1. the decision is aberrant, meaning, no reasonable Tribunal could have come to that decision in light of the evidence before the tribunal.   

         (5) The Appeals Tribunal may uphold, vary, or overrule a decision made by the Committee or order a rehearing before a differently constituted Panel if it finds that one or more of the enumerated grounds of appeal have been made out. 

          (6) The decision of the Appeals Tribunal shall be final and binding on Party members and shall be communicated to affected Party members in writing within fourteen (14) days of the decision being made.       

            (7) The Committee and the Appeals Tribunal shall be at liberty to promulgate rules relating to the exercise of the jurisdiction vested to them herein.

258A.   No member of the Party’s Executive Committee or National Executive Committee shall be appointed a member of the Committee

258B.  The General Secretary shall cause any person whom it appoints to a Disciplinary Committee or Appels Tribunal pursuant to these provisions to execute a confidentiality agreement prior to commencement of their duties hereunder. 

258C.   Without prejudice to the foregoing, the Executive Committee of the Party may summarily suspend any member of the Party, pending the outcome of a disciplinary hearing, for a maximum period of six (6) months where the allegations against such member involves: 

  1. conduct which may tend to bring the Party into disrepute; 
  1. fraud, theft, or other act of dishonest; or 
  1. any other form of gross misconduct. 

258D.   The party’s Executive Committee shall be entitled to extend the time for the taking of any action mentioned herein where it is satisfied that, in the circumstances, it is just and equitable to grant such extension.

SCHEDULE OF DISCIPLINARY OFFENCES

  1. A member of the party shall have committed a disciplinary offence if he/she shall be in breach of any of the provisions in the Party’s Code of Conduct.
  2. “gross misconduct” shall mean conduct of such a nature as to cause irreparable damage to the relationship between the Party and the member such as to cause a complete loss of confidence in the individual’s suitability to be a member of the Party.