Reform Articles of the Police Career Regulation Law
Poder Ejecutivo
- Decree: 069-2017
- Published: July 25, 2022
- Issuing body: Poder Ejecutivo
- Gazette: 35,984
- Category: Administrative
- Type: Other
Summary
This reform modifies the Police Career Regulations to allow former officers separated under certain circumstances to rejoin the National Police, provided they meet specific requirements and pass evaluations. It benefits former police officers who wish to return to active service and strengthens the human resources of the police institution.
Considerations
Whereas in accordance with article 293 of the Constitution of the Republic, the National Police is established as a professional permanent institution of the State, apolitical in the partisan sense, of a purely civil nature responsible for ensuring the preservation of public order, the prevention, control and combating of crime, protecting the security of persons and their property; executing the resolutions, dispositions, mandates and legal decisions of authorities and public officials, all with strict respect for human rights. The National Police shall be governed by special legislation.
Whereas article 36, numerals 1) and 8) of the General Law of Public Administration, establishes that the Secretary of State has the following attributions among others: 1) To guide, direct, coordinate, supervise and control the activities of their respective Departments; and, 8) To issue the agreements and resolutions in matters of their competence and those delegated by the President of the Republic and to ensure their execution.
Whereas article 7 numerals 4), 18) and 20) of the Organic Law of the Secretary of State in the Department of Security and the National Police of Honduras establishes: "FUNCTIONS OF THE SECRETARY OF STATE. In addition to those provided for in other laws, it is the responsibility of the head of the Secretary of State in the Department of Security: ...4) To ensure the proper functioning of the Department and the National Police; 18) To issue the Agreement for appointment and dismissal of members of the Police Career and personnel of the Department; in the case of members of the police career...; 20) Such other functions as by reason of their office are in accordance with the Law and its Regulations".
Whereas the Organic Law of the Secretary of State in the Department of Security and the National Police, second paragraph of article 99, establishes that "...Members of the Police Career are governed by this Law and its regulations, Law of the Police Career and its regulations, therefore, provisions of different regimes do not apply to members of the Police Career".
Whereas through Decree 069-2017 published in the Official Gazette "La Gaceta", the Law of the Police Career was issued, in order to guarantee to the members of the National Police, their professionalization, the respect of their rights recognized in the special regime established in the Constitution of the Republic, through a Law that allows them to dignify the police service in the faithful fulfillment of their duties and obligations; as well as the enjoyment of benefits and professional rights consistent with the risk involved in the exercise of the profession.
Whereas the Law of the Police Career, in its article 1, establishes that "this Law has as its purpose the organization, administration and functioning of the human resources of the National Police, in order to regulate the Career of Police Service and the institutional public service relationship of its members to fulfill the objectives of security of all citizens and their property, which is a matter of national security, public interest and community coexistence with protection of human rights".
Whereas in compliance with the instructions issued by the Constitutional President of the Republic, Xiomara Castro Sarmiento, it becomes necessary to add to the Regulation of the Police Career, the figure of the reinstatement of former police officials, as a mechanism for strengthening the human resources of the National Police, whose former officials shall be certified for their suitability, integrity and institutional commitment, all in order to join the operations of the National Police in crime prevention in favor of Honduran society.
Articles
POLICE SUBOFFICALS. Subofficals are members of the Police Career with specialized technical training to support the operational units of the National Police with the following ranks: Category of Regular Subofficals: a. Suboffical I b. Suboffical II c. Suboffical III d. Senior Suboffical
POLICE AGENT AND CLASS. The Category of Agents and Classes of Police is comprised of members of the Police Career in active service in the organic structure of the National Police, graduates of the Police Technological Institute (ITP) or legally accredited equivalent foreign Police Training School. They may be promoted from the rank of Police Agent to the rank of greatest seniority established by law. Category of Classes and Police Agents:
- 1)
Police Agent;
- 2)
Police Class I;
- 3)
Police Class II;
- 4)
Police Class III.
8. ENTRY TO THE CATEGORY OF AUXILIARY AND TECHNICAL PERSONNEL. For entry to the category of auxiliary and technical personnel, there must previously exist a vacancy determined by the Human Resources Directorate; entry is voluntary and the interested party must comply with the formalities and requirements established in the LAW and this regulation, so that the STATE SECRETARIAT OF THE SECURITY OFFICE issues the respective Appointment Agreement. Police personnel, auxiliary and technical, may transition to the classification of Auxiliary Officers from the rank of Sub Inspector to the rank of Commissioner, prior to fulfilling the requirements established in the preceding article.
9. REQUIREMENTS FOR ACTIVE PERSONNEL IN THE INSTITUTION. The requirements that Police Personnel, Auxiliary and Technical, who wish to transition to the class of Auxiliary Officers must meet are the following:
- 1)
Have a minimum of two (2) years of service in the Institution;
- 2)
Comply with the profile requirements established for Auxiliary Officers;
- 3)
Complete the respective police training process;
- 4)
Approve the training and selection processes established by the Police Education Directorate for Auxiliary Officers; and, 5. University degree registered with the Higher Education Council; 6. Others that may be established in the respective Regulation or Manual. The transfer or homologation of Police Personnel, Auxiliary and Technical to the classification of Auxiliary Officer may occur from the rank of Sub Inspector, Inspector or Sub Commissioner, depending on their seniority or time of active service rendered in the Institution. The Strategic Board shall make these decisions by consensus in a collegial manner. The transfer may not be carried out by Auxiliary and Technical Personnel who have a time of service in the Institution exceeding eleven (11) years. The active service time of personnel shall be computable for their homologation and for purposes of seniority.
A. REQUIREMENTS FOR PERSONNEL NOT PART OF THE INSTITUTION. The requirements that the university professional who wishes to enter the institution in the Category of Auxiliary Officers must meet are the following:
- 1)
University degree at the bachelor's level, registered with the Higher Education Council;
- 2)
Approve the recruitment and selection processes established by the Police Education Directorate for Auxiliary Officers;
- 3)
Approve the training period;
- 4)
Others that may be established.
A. REENTRY. Reentry is the personnel action by which a police, technical and auxiliary employee returns to active service from which they have been separated by the causes established in Article 54, numerals 1), 3) and 7) of the Police Career Law, with the exception of cases qualified by the competent commission and, in the case of the applicants included in numeral 3) they may only enter when they have processed their retirement or have suspended the same, in order to avoid double compensation subject to objection. Applicants shall comply with all required requirements, as contemplated in the Protocol and approve the corresponding evaluations. Furthermore, the structure for such appointments must exist. Reentry grants only the hierarchical rank that the person held at the time of separation. Similarly, reentry does not carry implicit retroactive payments, contribution payments (employer/worker) to the IPM or any other social security institution.
AUTHORIZATION OF PAID LEAVE. Paid Leave must be authorized by the Director General of the National Police, upon favorable opinion of the Human Resources Directorate. In the following cases: 1. For reasons of study in national and foreign education centers. It is the responsibility of the Human Resources Directorate to maintain the corresponding records and controls. SECOND: This Agreement shall enter into force as of its publication in the Official Gazette "La Gaceta". LET IT BE PUBLISHED. RAMÓN ANTONIO SABILLON PINEDA Secretary of State in the Security Office LASTENIA MARITZA DÍAZ CÁCERES General Secretary
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