Evaluation of disciplinary penalty practices in the context of human resources management in municipalities in the 2015-2020 period

After examining the concepts of human resources management and disciplinary law, specifically in municipalities, this study explores the application and functioning of these concepts in municipalities. Data on disciplinary penalties imposed on municipal employees and other personnel categories have been examined. Penal law principles, decisions, legislation, and their implications for public administrations and employees have been discussed. This study aims to analyze whether the disciplinary penalties given in the 2015-2020 period have been applied by the principles and laws in the context of evolving human resources management and legal regulations. By examining the decisions, the study aims to provide a critical perspective on the overall appearance of decisions that are considered illegal. The study method involves analyzing all decisions made by the Supreme Court, Regional Administrative Courts, Regional Courts of Justice, Council of State, and the Court of Cassation regarding disciplinary penalties imposed on municipal personnel from 2015 to 2020 using the document analysis method. The decisions from the mentioned period are compiled from the databases of the respective courts and programs of private law faculties and high courts available on their official websites. The relevant decisions are then analyzed and presented in tables within the study. In the examinations, it was observed that the number of decisions found to be illegal was higher than those found legal. The decisions were generally deemed unlawful due to incorrect application of procedural measures. This situation indicates the importance of ensuring specific procedures and formal requirements in imposing disciplinary penalties by the administration. Potential actions to fully comply with the existing legal regulations have been explored in the disciplinary process. In this regard, it has been concluded that a general legal regulation covering all principles dominating penal law is necessary. Such a regulation would enhance the clarity and understanding of disciplinary penalty practices, preventing arbitrary practices or misuse of discretion by the administration. Furthermore, it has been observed that scattered regulations create conflicting results in practice, and there is a need to file annulment cases to establish consistency among rules that violate the hierarchy of norms.