The heads, the chairmen of the assemblies, the election administration committees, the representative inspection commissioners, boards of education, personnel commissions and equity commissions of the local public bodies and the Superintendent-General of the Metropolitan Police, the chief of the prefectural police, and chiefs of the fire defense maintained jointly by special wards.), and other appointing authorities under laws and orders or bylaws shall have respectively the power to administer the appointment, temporary retirement, dismissal and disciplinary punishment, etc. of the personnel in accordance with this Law and such bylaws, regulations of the local public body, and rules fixed by agencies of the local public body as may be issued thereunder, except for cases specially provided for by laws.
2.
The appointing authorities mentioned in the preceding paragraph may delegate part of the power provided for in the same paragraph to those senior local public service personnel who are their auxiliary agencies.
(Establishment of the Personnel Commission or Equity Commission)
Article 7.
To, Do, Fu, or Ken and the designated cities mentioned in Article 252-19 paragraph 1 of the Local Autonomy Law (Law. No. 67 of 1947) shall set up by bylaw a personnel commission.
2.
Cities other than the designated cities mentioned in the preceding paragraph, having the population of 150,000 or more (meaning the population according to the latest results of the national census public-noticed in the Official Gazette or the population census similar thereto; hereinafter the same) and the special wards shall set up a personnel commission by bylaws.
3.
The cities having the population less than 150,000, towns and villages, special wards and local public body association shall set up an equity commission by bylaws.
4.
The local public body setting up an equity commission may, by the stipulations enacted through resolution of the assembly, set up the equity commission jointly with another local public body setting up an equity commission, or entrust the duty of managing the affairs of equity commission under the provision of Article 8 paragraph 2 to the personnel commission of another local public body.
(Power of the Personnel Commission or equity Commission)
Article 8.
The personnel commission shall administer the following affairs:
(1)
To investigate matters of personnel administration and to have charge of affairs concerning personnel records and to prepare statistical reports concerning personnel affairs;
(2)
To make a continuous study on work hours and other working conditions and welfare and benefit systems, the system or compensation for accidents in line of duty and other systems concerning the personnel, and to submit the result thereof to the assembly or the head or the appointing authorities of the local public body;
(3)
To state opinions to the assembly and the head of the local public body on the enactment, amendment, or abolition of bylaws concerning the personnel agencies and the personnel.
(4)
To make recommendations to the appointing authorities on the operation of personnel administration;
(5)
To administer the competitive examination and selection of the personnel and affairs relating thereto;
(6)
To formulate and put into practice plans concerning the position classification;
(7)
To supervise and control the payment of compensation to the personnel to the extent necessary to determine that persons are paid, compensated, or employed in compliance with this Law and with bylaws issued thereunder;
(8)
To formulate over-all plans for the training and evaluation of work performance of the personnel.
(9)
To examine and judge upon applications for action concerning compensation, work hours, and other working conditions of the personnel and adopt necessary measures;
(10)
To render ruling or decisions on objections raised against the adverse actions toward the personnel.
(11)
Besides the affairs enumerated in the preceding items, to administer such affairs as have been placed within its powers in accordance with laws or bylaws.
2.
The equity commission shall administer the following affairs;
(1)
to examine and judge upon applications for action concerning the compensation, work hours and other working conditions of the personnel and adopt necessary measures;
(2)
to render rulings or decisions on objections raised against the adverse actions toward the personnel.
3.
The personnel commission may delegate to other agencies of the local public body concerned or the chief of its executive office to exercise those of its powers under this Law, exclusive of those which are prescribed in items 9 and 10 of paragraph 1 and paragraph 4, which are specified by the rules of the personnel commission.
4.
The personnel commission or equity commission may establish respectively rules of the personnel commission or rules of the equity commission concerning such matters as have been placed within its powers in accordance with laws or bylaws.
5.
The personnel commission or equity commission may, if necessary for the exercise of its owners under laws or bylaws; summon witnesses or demand presentation of documents or copies thereof.
6.
The personnel commission or equity commission may enter into agreements to furnish or to receive from agencies of the National Government or other local public bodies, technical or professional service, materials or facilities.
7.
The decisions (including judgement) and actions of the personnel commission or equity commission under its powers invested by the provisions of items 9 or 10 of paragraph 1 or every item of paragraph 2 shall be reviewed only by itself in accordance with the procedure to be fixed by the rules of the personnel commission or the rules of the equity commission.
8.
The provisions of the preceding paragraph shall not affect the right of access to court on matters of laws.
(Members of the Personnel Commission or Equity Commission)
Article 9.
The personnel commission or equity commission shall be composed of three members.
2.
The members shall be appointed by the head of the local public body with the consent of the assembly from among persons of highest moral character and integrity, in know sympathy with the principle of local autonomy and the democratic and efficient administration, and possessing knowledge and sound judgement, concerning personnel administration.
3.
A person who falls under any of the items of Article 16 (Exclusive of item 2, 3, and item 5) or who has committed any of the offenses provided for in Chapter V and been sentenced to a punishment cannot become a member.
4.
In appointing the member, any two of them must not be members of the same political party.
5.
In cases where two or more of the members have come to belong to the same political party, all but one of them shall be removed by the head of the local public body with the consent of the assembly. However. A person whose party membership has not changed cannot be removed.
6.
The head of the local public body may, when he considers a member as mentally or physically incompetent to perform his official responsibilities or having committed a violation of his official duties or other misconducts unfit for a member, remove him with the consent of the assembly. In such case, a public hearing must be held before the standing committee or special committee of the assembly.
7.
A member shall not be removed from office against his will except under one of the preceding two paragraphs.
8.
A member who has come to fall under any of the items of Article 16 (Exclusive of item 2, 3, and item 5) shall lose his office.
9.
The members cannot concurrently hold the position of an assembly member of a local public body nor of a local public personnel commission of the local public body having been entrusted to manage the affairs of equity commission in accordance with the provision of Article 7 paragraph 4, including the local public personnel of the local public body which has entrusted to manage the affairs of equity commission to another local public body).
10.
The terms of office of the members shall be four years. However, the terms of office of a member filling a vacancy shall be the unexpired portion of his predecessor's
11.
The members of the personnel commissions shall serve either full-time or part-time, and the members of the equity commissions shall serve part-time.
12.
The provisions of Article 30 to 38 inclusive shall apply mutates mutandis to the duties of the full-time members of the personnel commission, and those of Articles 30 to 34 inclusive, Article 36 and Article 37 to the duties of the part-time members of the personnel commission and of the members of equity commission.
13.
The provisions of Articles 204 to 206 inclusive of the Local Autonomy Law shall be applied mutates mutandis to the full-time members of the personnel commission, and those of Articles 203 and 206 of the same Law to the part-time members of the personnel commissions and equity commissions.
(Chairman of the Personnel Commission or Equity Commission)
Article 10.
The personnel commission or equity commission must elect a chairman from among its members.
2.
The chairman shall administer the affairs concerning the commission and represent the commission.
3.
In case the chairman is incapacitated or is vacant, one of the members designated by the chairman shall act for the chairman.
(Proceedings of the Personnel Commission or Equity Commission)
Article 11.
The personnel commission or equity commission cannot be in sesssion without the attendance of all of its members.
2.
Proceedings of the personnel commission or equity commission shall be decided by a majority of its members present.
3.
Proceedings of the personnel commission or equity commission must be kept on record by way of the minutes.
4.
Besides the provisions of the preceding three paragraphs, necessary matters concerning proceedings of the personnel commission or equity commission shall be fixed respectively by the personnel commission or equity commission.
(Executive Office and Administrative Personnel of the Personnel Commission and Administrative Personnel of the Equity Commission)
Article 12.
There shall be an executive office in the personnel commission and a chief of executive office and other administrative personnel in the executive office.
2.
Notwithstanding the provisions of Article 9 paragraph 9, the personnel commission may cause the members to hold concurrently the position of chief of executive office.
3.
The chief of executive office shall, under the direction and supervision of the personnel commission, control the affairs of the executive office.
4.
Notwithstanding the provision of paragraph 1, the local public body setting up the personnel commission in accordance with the provision of Article 7 paragraph 2 may have administrative personnel without having the executive office.
5.
There shall be administrative personnel in the equity commission.
6.
The administrative personnel mentioned in paragraphs 1. And 4 or the preceding paragraph shall be appointed respectively by the personnel commission or equity commission.
7.
The organization of the executive office mentioned in paragraphs 1, 4, and 5 shall be fixed by bylaw.
8.
The number of the administrative personnel mentioned in paragraphs 1, 4, and 5 shall be fixed by bylaw.
9.
The provisions of Articles 204 to 206 inclusive of the Local Autonomy Law shall be applied mutates mutandis to the administrative personnel mentioned in paragraphs 1, 4, and 5.
