Qualification Rating Regulation for Merit Certification of Members of the Police Career
Poder Ejecutivo
- Published: December 2, 2024
- Issuing body: Poder Ejecutivo
- Gazette: 36,704
- Category: Administrative
Summary
This regulation establishes the process to evaluate whether Honduran police officers deserve to continue in their positions. The Police Strategic Board reviews each officer's performance, conduct, and adherence to institutional principles using tests and documents. If someone receives a poor rating, they have the right to a hearing to present their defense before being dismissed.
Considerations
Whereas Article 293 of the Constitution of the Republic establishes: "The National Police is 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 combat of crime; protecting the security of persons and their property; executing the resolutions, dispositions, mandates and legal decisions of the 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: "The common attributes and duties of the Secretaries of State are: 1) To guide, direct, coordinate, supervise and control the activities of their respective offices, without prejudice to the attributes that the Constitution and the Laws confer to other bodies; 8) To issue the Agreements and Resolutions in the matters of their competence and those delegated by the President of the Republic and to ensure their execution. The signatures of the Secretaries of State in these cases shall be authorized by the respective General Secretaries". WHEREAS: That through Legislative Decrees 18-2017 and 69-2017 published in the Official Gazette "La Gaceta" dated October 10, 2017, the Organic Law of the Secretariat of State in the Office of Security and the National Police of Honduras; and the Law of the Police Career were approved, both Laws in force since January 21, 2018.
Whereas Article 7, numeral 1) of the Organic Law of the Secretariat of State in the Office of Security and the National Police of Honduras establishes: "1) To comply with and ensure compliance with the Constitution of the Republic, Treaties and International Conventions ratified by Honduras, Laws, Regulations and other applicable legal provisions within the scope of its functions".
Whereas Article 36 of the Organic Law of the Secretariat of State in the Office of Security and the National Police of Honduras states: "PRINCIPLES AND VALUES. In fulfilling its functions, the National Police must be governed by the following principles and values: Legality, hierarchy, discipline, unity of command, equity, integrity, objectivity, adaptability, transparency, partisan apoliticality, efficiency, police ethics, honesty, impartiality, loyalty, solidarity, communitarianism and respect for human rights of persons". WHEREAS: That the Organic Law of the Secretariat of State in the Office of Security and the National Police of Honduras, in Article 47, numerals 10) and 15) states: "ATTRIBUTES OF THE GENERAL DIRECTOR. The General Director of the National Police has as main attributes the following: 10) To propose to the Secretary of State in the Office of Security, the pertinent recommendations for the correct functioning of the institution and greater effectiveness in plans, programs, projects, security strategies and those agreed upon in the Police Strategic Board that he deems appropriate; 15) To continuously evaluate the performance of members of the Police Career in accordance with the established procedures, as well as other divisions of the National Police ...".
Whereas Article 54, first and second paragraphs of the Organic Law of the Secretariat of State in the Office of Security and the National Police of Honduras, provides: "STRATEGIC BOARD. It is a superior advisory body of coordination, organization, planning and joint operational supervision, evaluation and assessment of police actions and procedures, so that they are carried out within the framework of the Law, regulations and established protocols. Likewise, this Board is responsible for participating in the process of performance and professional performance evaluation of members of the police career, as well as to evaluate compliance with the requirements of merits for promotions and for the granting of police incentives, decorations and distinctions, the results of which must be sent to the General Directorate for decision-making, in accordance with the established procedure for this purpose".
Whereas Article 55 of the Organic Law of the Secretariat of State in the Office of Security and the National Police of Honduras, empowers the Police Strategic Board to lead the Process of Merit Qualification, which shall be carried out in accordance with this Regulation.
Whereas the Organic Law of the Secretariat of State in the Office of Security and the National Police of Honduras, in its Article 57, numeral 3) states: "FUNCTIONS OF THE STRATEGIC BOARD. The Police Strategic Board has the following functions: 3) To propose the creation and reform of regulations, manuals, guides and instructions on security matters, police and administrative procedures".
Whereas the Secretariat of State in the Office of Security and the National Police of Honduras, in compliance with the Constitutional Mandate requires that the continuity in Service of the Members of the Police Career be subject in a conditional manner to the strict observance of the principles, duties and obligations established in the Organic Law of the Secretariat of State in the Office of Security and the National Police of Honduras, the Law of the Police Career and its Regulations.
Articles
The purpose of this Regulation is to Apply a Special, Professional and Objective Process to Members of the Police Career, to determine their Continuity in the Police Service, derived from the Rating obtained in the Instrument of Merit Certification, executed by the Police Strategic Board.
This Regulation is Applicable to all Members of the Police Career according to Article 5 of the Police Career Law. The Category of Aspirants from Police Training Centers is excepted, being subject to a Special Regime.
They are the Set of psychometric, socioeconomic, asset, toxicological and polygraphic tests applied to members of the Police Career by the corresponding body, for the purpose of determining their level of reliability; as established by Article 48 of the Police Career Law, related to Article 78 of the General Regulation of the Police Career Law.
The Police Strategic Board will lead the Special Process of Merit Certification to Establish the Continuity of Members of the Police Career, in cases that warrant it, as established by Article 55 third paragraph of the Organic Law of the Secretariat of State in the Office of Security and the National Police of Honduras.
In the Absence of a Titular Member of the Police Strategic Board, the corresponding Sub Director shall assume by written delegation.
The Evaluation Process must be Objective, Impartial and be supported by elements that generate conviction, the decision shall be taken by qualified majority.
Requires at least the favorable vote of three-fourths of the members.
The Application of this Regulation requires the following procedure:
- 1)
Upon issuance of the Initial Report, duly supported by the Immediate Superior Chief of the Police Member, they must elevate it respecting the Chain of Command to the General Directorate of the National Police, who shall forward the Initial Proceedings to the Police Strategic Board, so that it may initiate the Special Process of Merit Certification Qualification of Members of the Police Career, in accordance with this Regulation.
- 2)
Upon receipt of the Initial Report, the Police Strategic Board shall request from the Human Resources Directorate of the National Police, the Service Record of the Member of the Police Career, National Identification Document, Appointment Agreement, Disciplinary Record, and must inform in what employment situation the Police Member is found or if suspended by criminal or other circumstances; should the Police Strategic Board deem it necessary, it shall request the Execution of Trust Evaluation Tests; it may also request from other Directorates, Institutions, Bodies, Public or Private Entities, Natural or Legal Persons, any information of interest related to the case to be evaluated.
- 3)
The Police Strategic Board, in use of its powers shall convene to Study, Analyze, Assess and Rate the File containing the Initial Report and other documentation, and must Apply the Instrument that forms part of this Regulation, to establish Continuity in the Police Service of Members of the Police Career derived from the Rating obtained in the Special Merit Certification Process, issuing the respective Minutes where it recommends proceeding with the corresponding Procedure.
- 4)
Once the Evaluation is carried out by the Police Strategic Board and when it results with Deficient Rating or Negative Valuation, derived from the Special Merit Qualification Process, it shall transfer the File to the Human Resources Directorate of the National Police so that it may proceed through the Competent and Delegated Body to Summon the Member of the Police Career within three (3) business days following the issuance of the Minutes of the Session of the Police Strategic Board, so that they may appear at a Discharge Hearing, respecting the Presumption of Innocence, Due Process and the Right to Defense. At the Hearing shall appear the Member of the Police Career and one (1) witness, the Representative of the Nominating Authority with one (1) Witness, in case the Member of the Police Career deems appropriate to accompany themselves to the Discharge Hearing with a Legal Representative, they may request their admission to it, who shall be in the capacity of listener without participation. The Summons for Discharge Hearing shall contain, place, day, time and the facts that originated the Deficient Rating, and must be carried out within five (5) business days following the Summons.
- 5)
Once the Discharge Hearing is conducted, by the Delegated Body, the Human Resources Directorate of the National Police shall remit the Discharge Hearing Minutes together with the File to the Police Strategic Board which shall proceed to the preparation of the Technical Opinion within a period not to exceed ten (10) business days, by means of which it shall recommend the Cancellation of the Appointment Agreement of the Police Member, thereby Terminating the Police Career, and must be sent to the General Director of the National Police, who in turn shall elevate it to the Secretary of State in the Office of Security for the Preparation of the respective Cancellation Agreement.
- 6)
When the Evaluation of the Member of the Police Career does not result Deficient or with Negative Valuation, the Police Strategic Board shall proceed by means of Technical Opinion to the closure and filing of the proceedings; without prejudice to future evaluations of the Police Member.
- 7)
Against the Cancellation Agreement issued by the Secretary of State in the Office of Security, the Actions that correspond shall remain available before the Jurisdiction of Administrative Contention, in accordance with Articles 109 and 110 of the Law of the Jurisdiction of Administrative Contention.
- 8)
The Special Process of Merit Certification of Members of the Police Career must be carried out within thirty (30) business days, counted from the date of Receipt of the Initial Report by the General Directorate of the National Police until the Issuance of the Technical Opinion by the Police Strategic Board.
- 9)
Upon receipt of the File together with the Technical Opinion of the Police Strategic Board, by the Secretary of State in the Office of Security, the respective Cancellation Agreement shall be issued within fifteen (15) business days; same that must be Notified in Legal and Proper form to the Evaluated Party.
It is the Negative Valuation of four (4) or more elements of weighting in the Instrument of Merit Certification Qualification to Establish Continuity in the Service of Members of the Police Career, applied by the Police Strategic Board, where the result of the evaluation establishes that the Police Member does not meet the Capacities, Abilities, Attitudes, Competencies, Performance, willingness to serve, Conduct, Ethics, Principles and Institutional Values that every Member of the Police Career must possess for the effective exercise of their functions. The Lack of Merits, Deficient Rating or Negative Valuation is a constitutive cause of Direct Cancellation of the Member of the Police Career, without liability for the State, thereby Terminating the Police Career; in consonance with what is established by Article 108 third paragraph numeral 4 of the Organic Law of the Secretariat of State in the Office of Security and the National Police of Honduras, Article 55 of the Police Career Law and Article 115 of the Regulation of the Police Career Law.
For the application of this Regulation, the following shall be understood as: Capacity: They are the technical abilities, social and ethical competencies, with the objective of maintaining the security and well-being of Citizens in observance of the effective exercise of the Police Function; Ability: It is the skill acquired in institutional training and development to execute actions in the correct performance of Acts of Service and the fulfillment of duty; Attitude: It is the disposition that the Member of the Police Career has to carry out the exercise of their police function, in a positive manner, ethically and with a high sense of Institutional commitment and to Citizens; Competency: It is the Aptitude that Members of the Police Career possess, formed with capacities, abilities and skills to perform an activity or meet the objectives, duties and institutional obligations in Acts of Police Service and in the Fulfillment of Duty; Performance: It is the yield and fulfillment of the duties and obligations of Members of the Police Career in accordance with the mission and institutional objectives; Willingness to Serve: It is the state of continuous cooperation, commitment and sense of institutional belonging to carry out their functions and guarantee public security, providing their police service to Citizens; Conduct: Behavior and actions of Members of the Police Career that transcend positively or negatively the institutional image, according to morals and good customs, respect for the Constitution of the Republic, the laws, regulations and other norms of the National Police; Police Ethics: It is the set of norms and aspects that relate to the correct, obligatory and permitted conduct of the police officer, which develop their principles, values, virtues and duties with morality, in the satisfaction of honest and transparent work; Institutional Principles: Set of Institutional Norms, non-partisan political nature, continuity, discipline, police ethics, fairness, equality, impartiality, hierarchy, legality, institutional belonging, patriotic and civic sense, community service, solidarity, subordination and unity of command, that govern the Conduct and actions of Members of the Police Career, to fulfill the Constitutional Mandate of the National Police providing Security to the State and Citizens in general. Institutional Values: Principles, Norms and Ethical Standards that guide the conduct and good performance of Members of the Police Career. FINAL PROVISIONS
Integral part of this Regulation is the format titled "INSTRUMENT OF MERIT CERTIFICATION QUALIFICATION TO ESTABLISH CONTINUITY IN THE SERVICE OF MEMBERS OF THE POLICE CAREER".
This Regulation may be reformed or repealed, according to the Institutional necessity of the National Police of Honduras.
Repeal in all and each of its parts AGREEMENT NUMBER 1720-2021 dated November 3rd, 2021, corresponding to the "REGULATION OF MERIT QUALIFICATION AND CERTIFICATION TO ESTABLISH THE SUITABILITY OF MEMBERS OF THE POLICE CAREER", published in the Official Gazette "La Gaceta" on November 13th, 2021 in Edition No. 35,771.
This Regulation shall enter into force as of the day of its publication in the Official Gazette "La Gaceta". LET IT BE PUBLISHED AND COMPLIED WITH. HÉCTOR GUSTAVO SÁNCHEZ VELÁSQUEZ Secretary of State in the Office of Security ILDA LILIAN CARTAGENA SANTOS General Secretary SEDS
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