The appointment of Johanna Ann Bayoneta as college administrator of the Bacolod City College is permanent in nature and therefore, she cannot be removed from BCC unless there is just cause, Bacolod Councilor Caesar Distrito said yesterday.
Bacolod Mayor Monico Puentevella had said earlier that he will transfer Bayoneta to the Tourism Office where she can “recover from her ailment fast.”
Bayoneta had filed for leave of absence but it is not known if she is really suffering from any ailment.
Distrito said Bayoneta can only be removed once her term expires, or even before her term expires if there is just cause and due process has been observed.
He said Bayoneta is considered permanent and her position has a fixed term. Therefore, even if the one who appointed her later becomes discontented or has ill feelings towards her, she can not be removed under the Civil Service Commission rules, he added.
Just cause means that one has violated existing rules or administrative grounds for removal from office, Distrito said. But they should first be informed of their violation and should be entitled to due process or given a chance to explain, he said.
Distrito said Bayoneta can go to the CSC if her removal from office is implemented.
She has valid, solid, legal grounds and her removal is considered constructive dismissal. Therefore, she can be reinstated and she has a strong cause if she is removed, he said.
Councilor Em Ang said she believes that transferring Bayoneta to another department, against her will, is technically dismissal from her position.
It was during their term in 2011 when her appointment was concurred in and approved by the Sangguniang Panlungsod, she said.
Ang said that under the BCC Ordinance, even if Bayoneta's re-assignment will be on temporary basis, it is still technical removal from office.
Executive assistant Ramon Viva said that as of yesterday Bayoneta is still the BCC administrator.
Her removal is a question better left to the decision of the mayor, he said.*CGS
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