Agreement 04-2023-JDU-UNAH
Poder Judicial
- Decree: 04-2023
- Published: May 29, 2023
- Issuing body: Poder Judicial
- Gazette: 36,240
- Category: Administrative
Summary
This law establishes the procedure for selecting and appointing authorities of the National Autonomous University of Honduras (UNAH), such as rector, vice-rectors and deans. It defines the requirements, necessary documents, quantitative and qualitative evaluations, and ensures a transparent process based on professional merit.
Considerations
Whereas the National Autonomous University of Honduras (UNAH), is an autonomous institution of the State, with legal personality, and enjoys the exclusivity of organizing, directing and developing higher and professional education. The law and its bylaws establish its organization, functioning and powers, and in order to achieve its objectives it is founded on the principles established in its Organic Law.
Whereas within the autonomy enjoyed by UNAH, it comprises among others, the faculty and capacity to autonomously elect its own authorities, ensuring an efficient, effective and transparent management, and the faculty to issue the regulatory or statutory norms that are necessary for the development of its Organic Law.
Whereas the University Governing Board (JDU), is the main administrative body of UNAH, responsible for the planning, organization, administrative control and monitoring of operational results of the institution, which has its Regulations on Organization and Functioning; nevertheless, in order to achieve its objectives it is essential to approve the norms that regulate and develop a procedure for the selection, election and appointment of the authorities, as well as, the other officials that are within its competence, in accordance with the LOUNAH.
Whereas the University Governing Board (JDU) shall exercise regulatory authority to regulate the competencies that are expressly conferred upon it by the Organic Law of UNAH and its Regulations, in accordance with what is provided in the Regulations of its organization and functioning.
Articles
The purpose of this Regulation is to regulate the provisions contained in the Organic Law of the UNAH, its General Regulation, and the Regulation on Organization and Functioning of the University Governing Board, for the selection, election, and appointment of authorities and other officials of the National Autonomous University of Honduras.
The University Governing Board (JDU) is the principal administrative body of the UNAH, responsible for planning, organization, administrative control, and monitoring of the institution's operational results, which exercises the functions of Nominating Authority, understood as the attribution expressly established for the selection, election, and appointment of Authorities and other Officials of the National Autonomous University of Honduras, as follows: Rector, Vice-Rectors, Deans of the Faculties, Directors of University and Regional Centers, Director of Higher Education, representatives of the UNAH before the Higher Education Council, members of the Management Control Commission, the Internal Auditor, and the General Secretariat.
The University Governing Board (JDU) shall act based on the principles of legality, due process, transparency, ethics, confidentiality, equity and equality of opportunities, publicity and independence, and others regulated by article 3 of the General Regulation of the Organic Law of the UNAH and the Code of Ethics of Public Servants. CHAPTER II RESPONSIBILITIES OF THE UNIVERSITY GOVERNING BOARD FOR THE SELECTION, ELECTION, AND APPOINTMENT OF UNIVERSITY AUTHORITIES
The University Governing Board (JDU) together with its personnel shall execute a confidentiality agreement to ensure reserved handling of documentation and information related to the entire procedure, without prejudice to the transparency and publicity that governs the process, with responsibility for official communication falling to the Presidency of the JDU, who shall be the person responsible for disseminating official information.
The University Governing Board (JDU) shall have the following functions: 1. Approve the timeline with the stages of the procedure. 2. Prepare and approve evaluation instruments. 3. Approve and order the publication of the Public Competition Call. 4. Rule on complaints filed against applicants or proposed persons, always guaranteeing due process. 5. Evaluate the applicants or proposed persons based on the approved instruments. 6. Select the applicants or proposed persons who will proceed to the interview phase. 7. Interview and select the candidates. 8. Guarantee compliance with the principles governing the procedure. 9. Draft the final report of the process. 10. Other functions established in university regulations. CHAPTER III OF THE SECRETARIAT OF THE UNIVERSITY GOVERNING BOARD
The Secretariat of the University Governing Board shall have the following functions: 1. Receive applications or proposals with properly paginated documentation in printed and digital format and safeguard the files. 2. Draft the reception minutes of the applications or proposals upon closure of the call period. 3. Draft the minutes upon closure of the remedy period. 4. Request from the General Council of Teaching Career (CGCD) the verification required by the Organic Law of the UNAH regarding compliance with the requirements that candidates must meet. 5. Draft the reception minutes of the opinion of the General Council of Teaching Career (CGCD) on the verification of requirements of the applicants or proposed persons, with their respective files. 6. Maintain physical and electronic records of the procedure. 7. Other functions established in university regulations.
The General Secretariat of the UNAH shall request each applicant to present a Sworn Declaration certifying that none of the circumstances that prevent or disqualify them from holding the position are present. TITLE II OF THE COMPETITION PROCEDURE CHAPTER I OF THE CALL FOR APPLICATIONS
The University Governing Board (JDU) shall issue a public competition call by means of a convocation, with a minimum of sixty (60) business days and a maximum of six (6) months in advance before the appointed official's position becomes vacant, in order to announce through written and electronic media, with the frequency determined, according to the requirements demanded in the Organic Law of the UNAH and in accordance with current regulations.
The Call shall contain at minimum the following information: 1. Name of the position. 2. Legal requirements. 3. Disqualifications. 4. Duration of the position.
The call shall be published on the website, UNAH communications media, and must be disseminated with appropriate sizes and characters in at least two written media of national coverage.
Applicants or proposed persons must submit the following documentation: 1. Letter of Interest in which they indicate their motivation for applying for the position, their contributions to university management, and any other aspect they consider important. 2. Curriculum vitae with documentary support. 3. Original certification of the birth certificate. For Central Americans, original certified birth certificate duly authenticated or apostilled. 4. Photocopied copy of the National Identification Document, passport, and residency card in case of being a Central American, authenticated by Notary or Apostilled as appropriate. 5. Copy of the university degree diploma, postgraduate degree (if applicable), and certification of registration validation of academic degrees through recognition and incorporation to the UNAH by the Higher Education Council duly authenticated by Notary. 6. Certification issued by the respective university regarding years of experience in university teaching, in accordance with the position being sought. 7. Scientific, technical, or humanistic publications of superior level made in recognized communication media. It being understood that those are recognized which are published through universally and academically accepted methodology. 8. Duly authenticated Sworn Declaration of being in full exercise of civil and political rights. 9. Authenticated Sworn Declaration of current employment activities. 10. Authenticated Sworn Declaration of being of recognized moral solvency and proven integrity. 11. Original Certificate of Solvency, issued by the Superior Court of Accounts. 12. Original Certificate of Solvency, issued by the Office of the Attorney General of the Republic. 13. Original current Certificate of Criminal Records issued by the Unit of the Supreme Court of Justice. 14. Original current Certificate of Police Records issued by the Unit of the State Secretariat of Security. 15. Original Certificate from the Court of Honor of the Professional College to which they belong or related, certifying that they have not been subject to disciplinary action, issued within the last six months. 16. Original Certificate from the Credit Risk Central of the National Banking and Insurance Commission regarding their credit record, issued within the last six months. 17. Original current Certificate of Tax Compliance, issued by the Revenue Administration Service (SAR). 18. Original Certificate issued by the National Electoral Council certifying that they have not been or are not a member of the Central Directive of any legally registered Political Parties during the last two (2) years. 19. Authenticated Sworn Declaration that they shall reside at the headquarters where the university body in which they will exercise the position is located and shall dedicate themselves to full-time and exclusive service to the function for which they are appointed. 20. Original Certificate issued by the Civil, Family, Domestic Violence, and Tenancy Courts certifying that they have not been convicted or sanctioned by final judgment. 21. Original Certificate issued by the National Commissioner of Human Rights of Honduras certifying that there are no complaints of human rights violations declared with responsibility. 22. Authorization for the University Governing Board (JDU) to request information related to the procedure from any public or private national or international institution. 23. Authenticated Sworn Declaration of not having pending settlements of public or private funds. 24. Authenticated Sworn Declaration of not being subject to the disqualifications and conflicts of interest provided for in articles 20, 36, 37, and 38 of the General Regulation of the Organic Law of the UNAH. 25. Medical certification attesting to the health condition that permits them to perform the functions of the position for which they are applying.
The University Governing Board (JDU) shall grant applicants or proposed persons a period of ten (10) business days for submitting corrected or supplemental documentation in case of incomplete documentation.
The University Governing Board (JDU) shall publish in the communications media and on the UNAH website the list of applicants or proposed persons; it shall be made public in the UNAH transparency portal.
The day after publication of the aforementioned, any interested person may present a duly documented complaint against the applicants or proposed persons before the University Governing Board (JDU), who shall notify the accused person, granting them a period of five (5) business days from notification to respond and present evidence in their defense. After this period has elapsed, the University Governing Board (JDU) shall issue and notify the interested parties of the corresponding resolution within the following five (5) business days. Complaints must be based on non-compliance with requirements or be comprised in some disqualification, and the period for filing complaints shall be five (5) non-extendable business days counted from the day following publication of the list of applicants or proposed persons.
If the complainant does not attach the evidence supporting the complaint, it shall be rejected outright and filed away. When the applicant fails to dispel the charges filed against them, the complaint shall be upheld and they shall not continue in the process.
The procedure established in this Regulation shall not exceed seventy-five (75) business days, counted from the day following the expiration of the deadline stipulated in the call for submission of documents. CHAPTER II SELECTION
The evaluation of applicants or candidates for the positions of UNAH governing bodies: Rector, Vice-Rectors, Deans of the Faculties, Directors of University Centers and Regional University Centers, Director of Higher Education, UNAH representatives to the Council of Higher Education, members of the Management Control Commission, Internal Auditor and General Secretary, shall be of two types: quantitative and qualitative. For the quantitative evaluation, selection factors shall be applied that accredit the professional and personal trajectory that the position requires. The qualitative evaluation shall be conducted through an interview in a public hearing, where the candidate shall make a presentation on the current situation of the unit to which he or she is applying or being proposed, and shall propose a development plan based on academic-administrative reform, in accordance with UNAH regulations and other applicable national and international regulations concerning higher education.
Applicants or candidates who accredit compliance with the general requirements of nationality, age, exercise of civil and political rights, honorability, no pending accounts with the State, of recognized moral soundness and proven integrity; and who are not subject to any of the ineligibilities, shall be eligible for the quantitative evaluation phase.
On the quantitative evaluation for academic administrative positions. Applicants or candidates for an academic administrative position shall be evaluated on the basis of the following quantitative factors: a) Academic training and academic contributions: academic degrees related to the responsibilities of the position, scientific-technical and humanistic publications, research, contributions to the development of higher education, outreach projects, professional recognitions and distinctions. This factor shall have a value of 30%. b) Professional performance: Experience in academic-administrative management in the public or private sector, financial management and human resources, strategic planning, monitoring and evaluation of public policies; design or management of university curricular pedagogy; exercise of teaching, planning and management; handling of basic utilities and information and communication technology. This factor shall have a value of 50%.
On the quantitative evaluation for Control Level positions. For the quantitative evaluation of members of the Management Control Commission, the following selection factors shall be applied that accredit the professional and personal trajectory that the position requires: a) Requirements of academic training and contributions: academic degree, professional recognitions and distinctions. This factor shall have a value of 30%. b) Professional experience: experience in financial matters, minimum ten (10) years, leading of interdisciplinary groups, experience in preparing and evaluating budget execution; design of policies for institutional development; knowledge and implementation of transparency and accountability; inventory surveys and control; supervision over control of expenditure, fund collection and values; planning, financial and patrimonial evaluation; monitoring and control of operational plans and supervision thereof; evaluation of financial statements in public and private enterprises; handling of advanced basic utilities; mastery in the preparation of technical and executive reports; knowledge of the legal framework of UNAH and the country's regulatory norms related to the position. This factor shall have a value of 50%.
Candidates who obtain a percentage equal to or greater than 70% in the quantitative evaluation and who are not ineligible or excluded shall proceed to the qualitative evaluation stage.
After the conclusion of the quantitative evaluation process, the University Governing Board (JDU) shall have a maximum of fifteen (15) business days to initiate the interview process.
On the qualitative evaluation for academic administrative positions. Members of the University Governing Board (JDU) shall formulate questions based on the following Evaluation Factors: Commitment to University Reform, science and the country; capacity to manage crises, to bring together work teams, decision-making and seeking solutions to complex situations in university reality; leadership, executive capacity, prospective capacity, capacity for management of both administrative and academic matters; vision of educational policy and management; knowledge of the regulations of the Higher Education System and the National Autonomous University of Honduras; clarity in presenting ideas, quality of didactic presentation and demonstrated transparency, management and attitudes for directing and administering higher education in Honduras and in particular the economic and social assets entrusted to UNAH and psychometric evaluations. This evaluation shall have a value of 20%. On the qualitative evaluation for Members of the Management Control Commission, the qualitative evaluation of persons proposed to occupy the position of members of the Management Control Commission shall be conducted through interviews, where the proposed person shall make a presentation on the current situation of the unit, his or her development plan based on academic-administrative reform, in accordance with the regulations of UNAH and the country, and others considered relevant. Members of the University Governing Board (JDU) shall formulate questions based on the following Evaluation Factor: Global and systemic strategic vision of UNAH with its environment, capacity to manage crises, to bring together work teams, decision-making and seeking solutions to complex situations in institutional reality; leadership (capacity for dialogue and building solutions to problems related to the position), executive capacity, prospective capacity, capacity to propose policies for self-management; knowledge of autonomy and organization of the institution; clarity in presenting ideas and formulating recommendations; reliability in financial information, knowledge in human resources management, assets, audit reports, transparency and accountability; and skills for supervising results-based management. This evaluation shall have a value of 20%.
On the qualitative evaluation for the Internal Auditor. For the qualitative evaluation of persons proposed as candidates for the position of Internal Auditor, they shall be interviewed by the University Governing Board (JDU) and shall make a presentation on the current situation of the unit, their development plan based on academic-administrative reform, in accordance with UNAH regulations and those of the country, and others they deem appropriate. Members of the University Governing Board (JDU) shall formulate questions based on the following Evaluation Factor: global and systematic strategic vision of UNAH with its environment; knowledge of internal institutions and regulations and those of the State in social control and accountability; capacity to manage crises, work teams, decision-making and seeking solutions to complex situations in institutional reality; leadership (capacity for dialogue and building solutions to problems related to the position), capacity to propose policies in risk management, clarity in presenting ideas and formulating recommendations; ethical values in the field of his or her competence; knowledge of UNAH's challenges in matters of transparency and accountability; knowledge and skills for supervising results-based management and capacity for monitoring and design of budget policies. Consideration should be given to all requirements stipulated by the Superior Court of Accounts (TSC) and the National Office for Comprehensive Internal Control Development (ONADICI). This evaluation shall have a value of 100%.
For UNAH Representatives to the Council of Higher Education. Qualitative evaluation shall be conducted through an interview, where the nominees shall present their strategic proposal of contribution and commitment to the academic and administrative development of UNAH, and to the management of the Higher Education System in Honduras in accordance with the challenges of new educational quality paradigms to develop the essential functions of Higher Education, with systemic and prospective vision based on the Law of Vision of Country and National Plan, Sustainable Development Objectives, Strategic Plan of the Higher Education System, Strategic Plan of the Regional Council of Higher Education, Central American University Higher Council, Law of Higher Education, other regulations and educational policies that govern the national educational system and the Honduran socio-educational reality. This evaluation shall have a value of 100%.
From the slate of three proposed by the Rectory for the election of the holder of the General Secretariat of UNAH, qualitative evaluation shall be conducted through an interview where the nominees shall present a proposal of their work plan with systemic and prospective vision that they shall develop in accordance with the functions assigned to the position in accordance with that established in the Organic Law of UNAH and its General Regulation. This evaluation shall have a value of 100%. CHAPTER III ELECTION AND APPOINTMENT
For the election and appointment procedure, only selected candidates who have obtained a percentage equal to or greater than 80% in the evaluation shall be considered.
The voting to elect the holders of the positions shall be based on the principles regulated in article 3 of this Regulation. For one of the selected candidates to be elected to the position, the affirmative vote of two-thirds of all members of the University Governing Board (JDU) shall be required.
In the event that the qualified majority is not obtained in the first vote, the procedure shall be repeated among those who obtained the greatest number of votes, as many times as necessary until the qualified majority of all members of the University Governing Board (JDU) is obtained.
The elected person shall be notified immediately of their election, and must expressly state whether or not they accept the position; in case of acceptance, they shall proceed to their appointment and swearing in. In case of non-acceptance, the University Governing Board (JDU) shall proceed to a new election with the other selected candidates. In the event that the qualified majority is not obtained in the first vote, the procedure shall be repeated among those who obtained the greatest number of votes, as many times as necessary until it is obtained. A record shall be made of all the above.
The appointed person shall be formally invested through the oath that shall be administered before the University Board of Directors (JDU), thereby taking possession of their position.
When no candidate is presented or only one candidate is presented for each position, the University Board of Directors (JDU) shall immediately proceed to extend the convocation for a period of sixty (60) business days, and upon the expiration thereof, shall continue with the procedure established in this regulation, until the election is achieved. If the evaluation results in none of the applicants or proposed candidates reaching eighty percent (80%), the University Board of Directors (JDU) shall declare by resolution that the competition has failed and shall call for a new public competition through convocation following the procedure established in this Regulation and other applicable regulations. TITLE III FINAL PROVISIONS CHAPTER I
The reform or repeal of this regulation shall be the responsibility of the University Board of Directors (JDU), in ordinary or extraordinary session, with the affirmative vote of two-thirds of the totality of its members.
Article 50 of the Regulation for the Organization and Functioning of the University Board of Directors contained in Agreement Number 02-2017-JDU-UNAH dated the fourth (04) of March of two thousand seventeen (2017), is hereby reformed, which shall be read as follows: "Article 50. Every appointment shall be preceded by the respective competition. Appointments that lack this requirement shall be null and void by operation of law, in accordance with what is provided in subsection c),
of the Administrative Procedure Law (LPA), the Organic Law of UNAH and its General Regulation and the Regulation for the Selection, Election and Appointment of Authorities and other Officials of the National Autonomous University of Honduras."
For matters not provided for in this Regulation, the Organic Law of UNAH, the General Regulation of the Organic Law of UNAH, the Regulation for the Organization and Functioning of the University Board of Directors, and the Administrative Procedure Law shall be applied supplementarily.
All regulatory provisions that oppose this Regulation are hereby repealed and Agreement No. 03-2016-JDU-UNAH issued by the University Board of Directors (JDU) on October 3, 2016, which contains the Manual of the University Board of Directors for the Appointment of Authorities of the National Autonomous University of Honduras, shall be of no force or effect. SECOND: The Regulation approved through this Agreement shall enter into force on the day of its publication in the Official Gazette La Gaceta. THIRD: To instruct the Office of the University Board of Directors to manage and promote the publication of this Agreement in the Official Gazette La Gaceta; and that, once the Regulation is in effect, it be published in the media and on the official website of the National Autonomous University of Honduras. FOURTH: This Agreement is of immediate execution. AND IT ORDERS: That the Office of the University Board of Directors transcribe it for the corresponding purposes. BE IT DONE. (Signed) by Ph.D. Osman Jeovanny Martínez Padilla, Director President; (Signed) by Master Patricia Durón Varela, Director Secretary. And for its publication in the Official Gazette "La Gaceta", this CERTIFICATION is issued in the city of Tegucigalpa, municipality of the Central District, University City "José Trinidad Reyes", on the twenty-sixth day of the month of May of two thousand twenty-three. Master Patricia Durón Varela Director Secretary University Board of Directors
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