Executive Decree PCM-08-2023 whereby a Supervisory Commission is appointed for the General Directorate of Civil Service
Poder Ejecutivo
- Decree: PCM-08-2023
- Published: February 9, 2023
- Issuing body: Poder Ejecutivo
- Gazette: 36,151
- Category: Administrative
Summary
This decree establishes an Intervention Commission to manage the General Civil Service Office for six months. The commission will conduct audits, update laws and regulations, and evaluate public service personnel to address corruption and institutional dysfunction. It benefits citizens by seeking to improve state administration and eliminate irregular practices.
Considerations
Whereas the Constitution of the Republic establishes that Honduras is a State of Law, Sovereign, constituted as a free, democratic and independent Republic to assure its inhabitants the enjoyment of justice, liberty, culture and economic and social well-being (article 1).
Whereas the Constitution of the Republic establishes that the exercise of Executive Power is held in representation and for the benefit of the people by the President of the Republic, corresponding to her to direct the General Policy of the State and represent it, as well as to issue agreements and decrees in accordance with Law (articles 235 and 245, numerals 2) and 11)).
Whereas the General Law of Public Administration provides that the President of the Republic has the supreme direction and coordination of the centralized and decentralized Public Administration and in the exercise of her functions may act by herself or in Council of Ministers (article 11).
Whereas by Legislative Decree No. 126-1968, published in the Official Journal "La Gaceta" edition number 19,411 dated March 6, 1968, the Civil Service Law was approved, which has the purpose of establishing a rational system of personnel administration in the Public Service regulating the relations between public servants and the State. Likewise, the General Directorate of Civil Service was created for the application of the Civil Service Law and its Regulation (articles 1 and 5).
Whereas the Civil Service system comprises public servants who work in the Secretariats of State, whose entry into service has been effected by fulfilling the conditions and requirements established by the Civil Service Law and its Regulation.
Whereas in order to comply with the Bicentennial Government Plan to refound Honduras and build the Socialist and Democratic State, the President of the Republic, through Executive Decree number PCM 05-2022, proceeded to restructure the Public Administration, which had been weakened and degraded rapidly for more than a decade, following the destruction of democratic order caused by the Coup d'État of 2009. Said Decree comprised the elimination and creation of some Secretariats of State, with the objective of fulfilling the State's responsibility to plan all its policies and activities until reaching equitable social development.
Whereas the process of restructuring the Public Administration requires a profound intervention that allows the institution that governs the personnel administration system in the public service to adapt and adequately fulfill the services for which it was created.
Whereas the General Law of Public Administration establishes that the Executive Branch may intervene totally or partially in all entities, organs or units of public administration that operate at a loss, do not fulfill their functions or do not adequately provide the services for which they were created. If intervention proceeds, it shall be in charge of an Intervention Commission that shall be responsible for the administration of the intervened entity, organ or unit and shall conduct an evaluation of it, with the advice of the Superior Court of Accounts; said Intervention Commission has the powers corresponding to the administrators of the same, exercising their legal representation and shall have the necessary powers to establish timely recommendations that allow the Branches of State to take pertinent and timely actions within the scope of their constitutional attributions (articles 98, 99 and 100).
Whereas it is of public knowledge the degradation of the State, that the structures of narco-dictatorship and organized crime became institutionalized within the state apparatus, for which reason the dismantling of these networks that sustained the political patronage apparatus, influence peddling and plazas, among others, is indispensable, which has caused present problems of internal violence among the institution's own personnel, for which reason an urgent intervention of the General Directorate of Civil Service is necessary, as the entity responsible for regulating the relations between public servants and the State.
Whereas for the accomplishment of the tasks corresponding to the objective of this Decree, it is necessary the appointment of suitable persons of recognized integrity, civic spirit, professionalism and competence in the fulfillment of their functions, called to make up an Intervention Commission that acts under the principles of transparency, efficiency and rationality.
Whereas in accordance with the Constitution of the Republic, the Constitutional President is in charge of the administration of public finance; the general administration of the State; the direction of the economic policy and financial policy of the State, its representation and the issuance of extraordinary measures in economic and financial matters when the national interest so requires, and must give account to the National Congress (article 245, numerals 2, 19, 20 and 30).
Whereas in accordance with the General Law of Public Administration, the President of the Republic is in charge of the supreme direction and coordination of the Centralized and Decentralized Public Administration, being able in the exercise of her functions to act by herself or in Council of Ministers. Likewise, it is established that acts shall be issued by decree that in accordance with the Constitution of the Republic, secondary laws or regulations, are exclusive to the President of the Republic or must be dictated in Council of Secretaries of State (articles 11 and 117).
Whereas in accordance with the Constitution of the Republic, the administration of public funds corresponds to the Executive Branch. For the collection, custody and expenditure of said funds, there shall be a service.
Articles
To appoint an Intervention Commission of the General Directorate of Civil Service, which shall be responsible for the administration and operation of the entity, and which must provide a work plan and solutions to the serious situation through which the institution is passing. The Intervention Commission shall have broad powers in accordance with the faculties granted in this Decree and those contained in article 100 of the General Law of Public Administration; as well as all those faculties that legally correspond to it.
The Intervention Commission shall be composed of a president commissioner and two deputies, both subject to free removal and appointment by the President of the Republic, and shall have the powers of the highest decision-making body, principally with respect to administration, operability and operation. The Commission shall remain in office for a period of six (6) months, and may be extended. The decisions of the Intervention Commission shall be made by simple majority of its members, and the one who presides shall hold the legal representation of the institution.
The Intervention Commission must frame its management in the following objectives:
- a)
To ensure that, before concluding its administrative management, the issuance and/or updating of necessary instruments is carried out, such as laws, regulations and/or internal manuals, among others, in order to guarantee a rational system of personnel administration in the public service, in accordance with the laws of the Republic;
- b)
To conduct an in-depth audit process that allows for systematic and objective institutional diagnosis;
- c)
To proceed in accordance with applicable legislation regarding the classification of personnel, the celebration, termination or revocation of employment contracts and personnel agreements, in accordance with the provisions of article 100 of the General Law of Public Administration; and,
- d)
Such other matters as it deems necessary to fulfill its obligations and the objective of this Decree.
The Intervention Commission shall request from the Superior Court of Accounts (TSC) the advisory services referred to in article 99 of the General Law of Public Administration.
The Intervention Commission must submit a preliminary report to the President of the Republic through the Secretary of State in the Office of the Presidency, within thirty (30) business days; as well as a final report upon conclusion of its mandate. Such reports shall contain recommendations to improve the administrative and financial situation of the institution and the report of the actions implemented during that period of time, in order to ensure strict compliance with the objectives of the intervention process. Upon receipt of the respective report, the competent state bodies shall make the decisions necessary to ensure the proper functioning of the Civil Service Directorate, determining responsibility as appropriate. Among the measures that may be adopted are the modification, merger, spin-off or elimination of the intervened entity.
The Intervention Commission shall proceed to review the budget approved for the Civil Service Directorate for the present fiscal year, in order to identify the resources necessary to finance expenses for its proper functioning. If necessary, the Secretary of State in the Office of Finance (SEFIN) is authorized to make the allocation of resources in accordance with budgetary availability, whose fundamental purpose shall be to address the expenses required for fulfilling the objectives mandated by this Decree.
The Intervention Commission must identify resources within the budget of the Civil Service Directorate to finance its operating expenses. If necessary, the Secretary of State in the Office of Finance (SEFIN) is authorized to make the allocation of resources in accordance with budgetary availability, and such resources shall be allocated to meet unavoidable expenses for the fulfillment of the faculties granted to the Commission. For this reason, the Intervention Commission must submit a request with details of the expenses for the scheduling of budget execution to the Secretary of State in the Office of Finance (SEFIN).
This Decree is of immediate execution and shall be published in the Official Journal "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, on the ninth (09) day of the month of February of the year two thousand twenty-three (2023). COMMUNICATE AND PUBLISH. IRIS XIOMARA CASTRO SARMIENTO PRESIDENT OF THE REPUBLIC RODOLFO PASTOR DE MARÍA CAMPOS SECRETARY OF STATE IN THE OFFICE OF THE PRESIDENCY JOSÉ CARLOS CARDONA ERAZO SECRETARY OF STATE IN THE OFFICE OF SOCIAL DEVELOPMENT RIXI RAMONA MONCADA GODOY SECRETARY OF STATE IN THE OFFICE OF FINANCE TOMÁS EDUARDO VAQUERO MORRIS SECRETARY OF STATE IN THE OFFICES OF GOVERNANCE, JUSTICE AND DECENTRALIZATION EDUARDO ENRIQUE REINA GARCÍA SECRETARY OF STATE IN THE OFFICES OF FOREIGN AFFAIRS AND INTERNATIONAL COOPERATION ÁNGEL EDMUNDO ORELLANA MERCADO SECRETARY OF STATE IN THE OFFICES OF TRANSPARENCY AND ANTI-CORRUPTION RICARDO ARTURO SALGADO SECRETARY OF STATE IN THE OFFICE OF STRATEGIC PLANNING PEDRO JOSÉ BARQUERO TERCERO SECRETARY OF STATE IN THE OFFICE OF ECONOMIC DEVELOPMENT DORIS YOLANY GARCÍA PAREDES SECRETARY OF STATE IN THE OFFICE OF WOMEN'S AFFAIRS RAMÓN ANTONIO SABILLÓN PINEDA SECRETARY OF STATE IN THE OFFICE OF SECURITY JOSÉ MANUEL ZELAYA ROSALES SECRETARY OF STATE IN THE OFFICE OF NATIONAL DEFENSE JOSÉ MANUEL MATHEU AMAYA SECRETARY OF STATE IN THE OFFICE OF HEALTH LUCKY HALACH MEDINA ESTRADA SECRETARY OF STATE IN THE OFFICES OF NATURAL RESOURCES AND ENVIRONMENT DANIEL ENRIQUE ESPONDA VELÁSQUEZ SECRETARY OF STATE IN THE OFFICE OF EDUCATION MELINA NATALIE ROQUE SANDOVAL SECRETARY OF STATE IN THE OFFICE OF HUMAN RIGHTS LAURA ELENA SUAZO TORRES SECRETARY OF STATE IN THE OFFICES OF AGRICULTURE AND LIVESTOCK ERICK MEDARDO TEJADA CARBAJAL SECRETARY OF STATE IN THE OFFICE OF ENERGY MAURICIO ANTONIO RAMOS SUAZO SECRETARY OF STATE IN THE OFFICES OF INFRASTRUCTURE AND TRANSPORT LESLY SARAHÍ CERNA SECRETARY OF STATE IN THE OFFICES OF LABOR AND SOCIAL SECURITY YADIRA ESTHER GÓMEZ CHAVARRÍA SECRETARY OF STATE IN THE OFFICE OF TOURISM GLORIA ANNARELLA VÉLEZ OSEJO SECRETARY OF STATE IN THE OFFICES OF CULTURES, ARTS AND HERITAGE OF THE PEOPLES OF HONDURAS OCTAVIO JOSÉ PINEDA PAREDES SECRETARY OF STATE IN THE OFFICES OF COMMUNITY DEVELOPMENT, WATER AND SANITATION PABLO RAMÓN SOTO BONILLA SECRETARY OF STATE IN THE OFFICES OF RISK MANAGEMENT AND NATIONAL CONTINGENCIES (COPECO) FABIOLA CLAUDETT ABUDOJ MENA SECRETARY OF STATE FOR THE DEVELOPMENT AND MONITORING OF PROJECTS AND AGREEMENTS
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