The Office of the Ombudsman has ordered the suspension of Mayor Roy Encallado of Margosatubig,
Zamboanga del Sur for two months after finding him guilty of simple misconduct for ordering the reassignment of two municipal workers employed with the Office of the Sangguniang Bayan (SB or Municipal Council).
In a statement issued on Wednesday, the Ombudsman said Encallado’s authority to appoint and take personnel actions does not cover employees of the Sangguniang Bayan.
The office cited the Local Government Code, which provides that “the power to appoint the employees of the SB is lodged with the vice-mayor.”
The ruling was approved by Ombudsman Conchita Carpio-Morales on December 15, 2016.
“Misconduct has been defined as a transgression of some established and definite rule of action, more particularly, unlawful behavior or gross negligence by a public officer,” the same statement said.