What is a temporary police chief
Provisional dismissal (suspension) and withholding of earnings
Disciplinary law: suspension of the civil servant according to § 37 HmbDG
In the state of Hamburg as well as in the federal government and in the other federal states, the highest service authority can provisionally remove an official from service at the same time as or after the initiation of disciplinary proceedings.
This applies to civil servants for life as well as to civil servants on probation and civil servants on revocation.
One then speaks of the suspension (according to disciplinary law) in contrast to the prohibition of conducting official business (so-called compulsory leave of absence) according to civil servant law).
The suspension usually only takes place if there is suspicion of a very serious official offense that is likely to lead to the termination of the civil service.
However, the Disciplinary Act also allows suspension if the civil servant's remaining on duty would significantly impair the operations or the disciplinary investigations and the temporary suspension is not disproportionate to the importance of the matter and the expected disciplinary measure.
In practice, the civil servant is usually initially prohibited from conducting official business according to a provision of civil service law.
The "compulsory leave of absence" according to civil service law is easier to handle than the disciplinary suspension. Usually, however, the will follow within the next three months Disciplinary suspension. The officer then receives a second order, this time based on disciplinary law.
The highest service authority can at the same time with or after the temporary dismissal according to the Disciplinary Act, so at the time of suspension, arrange that up to 50% of the monthly salary will be retained if the civil servant is likely to be recognized at a distance.
The economic circumstances of the civil servant are decisive for the assessment of the degree of reduction. The civil servant has to provide the highest service authority with information about his economic situation without being asked before the decision on the withholding and afterwards in the event of significant changes.
For the duration of the suspension, the civil servant remains at his previous level of experience (Section 27 (4) and Section 43 (5) of the HmbBesoldungsgesetz).
To this end, the Administrative regulation for the Hamburg salary law the following:
Consequences of temporary suspension (paragraph 5)
The right to advance in the levels is suspended for the duration of a temporary suspension of service. Remaining in the current level must be done manually in the payroll accounting system by adjusting the graduation date - possibly multiple times. The right to advance in the levels expires for the period of rest if disciplinary proceedings lead to removal from service, the employment relationship ends due to dismissal at the request of the judge or the public prosecutor or due to a criminal conviction. If disciplinary proceedings do not lead to removal from employment or if the employment relationship does not end due to dismissal at the request of the person concerned or as a result of a criminal conviction, the person concerned must be treated with regard to the salary as if the promotion had not ceased.
The amounts that would have been paid due to promotion in accordance with Section 43 (3), but which were not paid during the period of provisional dismissal as a result of remaining in the base salary level, must be paid in arrears.
Anyone who has been given compulsory leave under civil servant law must expect that they will be asked to explain their family's income and expenses in the foreseeable future in order to prepare for a suspension under disciplinary law and the decision on whether or not to withhold part of the salary.
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