Agreement 0265-2019

OBJECT. The present provisions have the purpose of regulating the Law of Police Career approved by Legislative Decree No. 69-2017, published in the Official Gazette La Gaceta No. 34,463 of October 10, 2017; through which the pursuit is for efficiency in the organization and administration of human resources of the National Police, regulating matters relative to entry, professional development, training, capacitation, finalization or termination of the police service career, in accordance with the provisions established in the Constitution of the Republic, the Organic Law of the State Secretary in the Office of Security and of the National Police and other applicable regulations.

POLICE CAREER REGIME. The Police Career Regime is the Comprehensive System of Administration and Professionalization of service personnel in the National Police that has entered said Institution complying with the conditions and legal formalities established; based on the principles of efficiency, equality, equity, legality, stability and permanence. In the Police Career regime, the guidelines are established for the execution of personnel processes and actions such as selection and recruitment, entry, permanence, promotions and grade advancements, assignment, evaluations, certifications, recognitions, decorations or incentives, attendance registry, permits and incapacities, vacations, leaves, separation, suspension, retirement, pension, re-entry, restructuring, dismissal, rights, duties, obligations, prohibitions, compensation for length of service and other actions that are necessary for the efficient management of institutional human resources.

PURPOSE. The Police Career Regime has as its purpose to guarantee institutional development, stability, security and equality of opportunities; to elevate professionalization through training, capacitation, evaluation and continuous improvement of the service; the efficiency and effectiveness in the provision of the service; to promote results-based management, the vocation for service and institutional sense of belonging; being required to guarantee at all times the compliance with the Constitution and the Laws of the Republic.

DESIGNATIONS. For the purposes of this Regulation, hereinafter the State Secretary in the Office of Security shall be referred to as "THE SECRETARIAT"; the Organic Law of the State Secretary in the Office of Security and of the National Police as "THE ORGANIC LAW"; and the "Law of Police Career", as "THE LAW".

MEMBERS OF THE POLICE CAREER. Pursuant to what is provided in article 5 of THE LAW, it is considered a member of the Police Career all active police service personnel in their different categories and grades, who have obtained a degree in police studies from an accredited police formation center in the country or from an accredited analogous foreign formation center and who, after complying with the legal requirements established, have an Appointment Agreement issued by the competent authority; which are regulated under the Police Career regime established in THE LAW and this regulation. Likewise, Auxiliary and Technical personnel in police service of the National Police are members of the Police Career, upon prior compliance with the legal requirements established.

SCOPE OF APPLICATION. The provisions contained in this Regulation are of general application and mandatory compliance for all members of the Police Career described in the preceding article. Excepted from these provisions are student applicants, cadets, ensigns and agents of police formation centers, who are governed by the Special Regime established in the corresponding regulations and become part of the Police Career once they have satisfactorily approved the legal requirements established for their entry and have their respective Appointment Agreement.

NOMINATING AUTHORITY. For the purposes of THE LAW and this regulation, the nominating authority is called the State Secretary in the Office of Security or whomever it delegates through a formal Delegation Agreement. The nominating authority has the faculty to appoint, hire, reassign, remove, cancel and dismiss personnel of the Institution, according to due process.

PERSONNEL ACTIONS. The appointments, promotions and advancements to higher grades in the rank order, assignments, cancellations, dismissals and other actions that are determined, shall be formally disposed by Agreements signed by the Nominating Authority and registered in the respective registry.

DEFINITIONS. In addition to the definitions described in article 8 of THE LAW, for a better interpretation and application of the regulation, the following concepts are defined:

• 1)

  Position: It is the specific post established in the Manual of Classification of Positions and Salaries of the National Police, which is assigned to active service personnel according to their functional specialties, performance, merits, seniority and service necessity.

• 2)

  Category: Level that corresponds to the National Police personnel taking into account their training, function, hierarchy and grade.

• 3)

  Training: Process by which members of the National Police prepare themselves to acquire the competencies and capabilities necessary for their professional and technical development and the provision of efficient services; in accredited police formation centers.

• 4)

  Grade: Hierarchical level that is granted to National Police personnel, in accordance with what is provided in THE ORGANIC LAW and the Police Career Law.

• 5)

  Homologation: Term used to refer to the equalization of grades of personnel that move from one category to another or from one regime to another by reason of time of service rendered to the Institution, in accordance with what is provided in THE LAW and this regulation.

• 6)

  Low Professional Performance: Lack of professional or technical capacity of National Police personnel for the exercise of their position.

• 7)

  Command: Exercise of the authority that THE LAW and regulations grant to Officers and other personnel of the Police Career, over their subordinates or inferiors, by reason of grade, seniority or assignment. It is exercised at all times and has no more restrictions than those expressly established in THE LAW.

• 8)

  Merit Order: Position in which members of the Police Career are found in their respective promotion advancements and which is determined by their professional evaluation.

• 9)

  Active Service: It refers to the condition of the member of the Police Career, who is developing their corresponding activities in a regular manner, within or outside the Institution performing some special assignment, without any condition that restricts the exercise of the assigned position.

• 10)

  Police Service: Activities executed by National Police personnel in active service, trained for the fulfillment of the institutional mission and the exercise of the functions assigned to them.

• 11)

  Respect: Forms of elementary courtesy for addressing the superior and authorities, as well as reciprocal treatment that must be given among National Police personnel.

REGISTRATION OF PERSONAL DATA. In addition to the provisions established in article 10 of THE LAW, it is an obligation of all members of the Police Career to provide updated information to facilitate their location, concerning:

• 1)

  Domicile and change of it if applicable; having to attach a sketch of its location;

• 2)

  Fixed and personal mobile telephone number;

• 3)

  Active personal email address;

• 4)

  Name, age and address of their dependents; and, 5. Fixed telephone number, mobile and address of the spouse or in default of their parents, siblings, adult children, or other close relative; and 6. Others that it be necessary to request. Any change of the information aforementioned must be notified to their Chief, who must ensure its communication and registration immediately to the Human Resources Directorate. Whoever administers said information is obligated to safeguard its confidentiality. TITLE II POLICE SERVICE CAREER CHAPTER I RANK ORDER AND SITUATION OF POLICE CAREER PERSONNEL

RANK ORDER OF MEMBERS OF THE POLICE CAREER. The Rank Order of members of the Police Career is the order and classification where the grade, name, scale, situation, time of service, seniority in grade and precedence of merits in the corresponding grade are registered.

DURATION OF THE POLICE CAREER. The duration of the Police Career is thirty-five (35) years of active service or upon meeting the requirements established in the Special Risk Provident Regime (RRE), of the Military Provident Institute (IPM).

SITUATION OF MEMBERS OF THE POLICE CAREER. Members of the Police Career may be in the following situations:

• 1)

  Situation of Active Service: State in which all members of the Police Career that provide services regularly and without any legal restriction are found;

• 2)

  Suspension: Special condition in which the member of the Police Career ceases to provide active service or regular functions, by mandate of competent judicial or administrative authority; and, 3. Situation of Retirement: State to which all members of the Police Career pass, upon finishing their career in a regular manner in accordance with what is stipulated in THE LAW and this regulation.

PERSONNEL IN SITUATION OF ACTIVE SERVICE. It is considered personnel in situation of active service, the member of the Police Career who earns salary from the National Police and who is developing their corresponding regular activities and functions within the established professional classification, without any condition that limits or restricts the exercise of their position.

CAUSES OF SUSPENSION. Members of the Police Career may be suspended from their position and functions for the following causes: 1. By Formal Indictment Decree; and, 2. By virtue of Disciplinary Process.

RETIREMENT STATUS. Pursuant to article 16 of the LAW, the Retirement status is the condition in which a member of the Police Career without losing rank ceases the obligation to provide active service in the National Police, prior to the corresponding Resolution or Agreement issued by the Secretary of State in the Department of Security. Retirement is a means of concluding the Police Career under the terms described in THE LAW and this regulation. Personnel in Retirement status have the duty to respect and preserve the Institutional Image, respect hierarchical superiors, and maintain confidentiality of classified information related to internal order, National Security, and the Institution. CHAPTER II POLICE CATEGORIES AND RANKS, PROFESSIONAL CLASSIFICATION AND SPECIALTIES SECTION I POLICE CATEGORIES AND RANKS

POLICE CATEGORIES AND RANKS. In accordance with article 18 of THE LAW, the categories and ranks of members of the Police Career are the following:

• 1)

  General Officers Category: a) General Director; and, b) General Commissioner.

• 2)

  Superior Officers Category:

  • a)

    Police Commissioner;

  • b)

    Police Sub-Commissioner; and, c) Police Commissary.

• 3)

  Subaltern Officers Category:

  • a)

    Police Sub-Commissary;

  • b)

    Police Inspector; and, c) Police Sub-Inspector.

• 4)

  Police Non-Commissioned Officers Category: Regular a. Senior Class b. Superior Class c. Chief Class d. Subaltern Class

  Technical a) Senior Non-Commissioned Officer b) Superior Non-Commissioned Officer c) Chief Non-Commissioned Officer d) Subaltern Non-Commissioned Officer 5) Police Classes and Agents Category: Regular a) Police Class III; b) Police Class II; c) Police Class I; and, d) Police Agent. Technical a) Technical Police III b) Technical Police II c) Technical Police II d) Technical Police

CREATION OF CATEGORIES AND RANKS. For the creation or modification of the police categories and ranks described in the previous article, the Secretary of State in the Department of Security shall request the corresponding Technical Opinion of the Police Strategic Board as provided in the final paragraph of article 103 of THE ORGANIC LAW. SECTION II PROFESSIONAL CLASSIFICATION AND SPECIALTIES OF THE POLICE CAREER

PROFESSIONAL CLASSIFICATION OF THE POLICE CAREER. In accordance with article 19 of THE LAW, the professional classification of members of the Police Career is the following:

• 1)

  Regular Officers;

• 2)

  Service Officers;

• 3)

  Auxiliary Officers;

• 4)

  Non-Commissioned Officers;

• 5)

  Classes Category;

• 6)

  Police Agent;

• 7)

  Security Agents in Facilities and Personalities; and, 8. Auxiliary and Technical Personnel.

SPECIALTIES. The National Police must have specialties in the areas required by the High Police Command for the effectiveness of police service, which are implemented by members of the Police Career in accordance with the professional classification established in THE LAW and this regulation.

TRAINING. The National Directorate of Police Education must establish periods of professional and technical training and development in coordination with the Human Resources Directorate and the Directorate of Planning, Operational Procedures and Continuous Improvement; for which the Human Resources Directorate must determine the needs for professional, technical, and specialist police human resources required for the provision of services in the different departments of the National Police.

REGULAR OFFICERS. Regular Officers are all Hondurans who are graduates of the National Police Academy (ANAPO) or equivalent training centers abroad, whose curriculum must be validated by the National Directorate of Police Education (DNEP), with comprehensive training for the provision of police services oriented toward the specialties described in article 23 of this Regulation. Nevertheless, in case of necessity or force majeure, the General Director of the National Police may authorize the development of training programs for Regular Officers oriented toward Hondurans who have completed a university degree and are interested in entering the Police Career, provided they meet the legal requirements and conditions stipulated by the

National Directorate of Police Education in the corresponding regulation or manual. Prior to compliance with the legal formalities and requirements established, Regular Officers have the right to apply for the ranks of General Commissioner or General Director of the General Officers Category.

SPECIALTIES OF REGULAR OFFICERS. Regular Officers may have the following police service specialties:

• 1)

  Prevention and Community Security;

• 2)

  Criminal Intelligence and Investigation;

• 3)

  Roads and Transportation;

• 4)

  Police Special Forces;

• 5)

  Telematics and Communications;

• 6)

  Air Police Service;

• 7)

  Maritime Police Service;

• 8)

  Border Service;

• 9)

  Anti-Drug Service;

• 10)

  Diplomacy and International Relations; and, 11. Others that may be established by Law or Regulation. SECTION IV SERVICE OFFICERS

SERVICE OFFICERS. Service Officers are all Hondurans accredited by a Higher Education Center as professionals, technicians, or specialists in one of the specialties described in article 26 of this Regulation and who join the National Police through the National Police Academy (ANAPO) or an equivalent training center abroad properly accredited. Prior to compliance with the legal formalities and requirements established, Service Officers may only be promoted up to the rank of Commissioner of the Superior Officers category.

CONDITIONS. In accordance with the provisions of numeral 2 of article 20 of THE LAW, those in any of the following conditions may apply for a position as Service Officers:

• 1)

  The Regular Career Officer who voluntarily decides to transfer to the Service Officers category and complies with the established legal requirements, prior to formal request before the General Director of the National Police and shall be authorized subject to a favorable Opinion from the Human Resources Directorate;

• 2)

  University Professionals who, prior to compliance with established requirements, complete a minimum period of twelve (12) months at the National Police Academy (ANAPO) or its equivalent abroad subject to validation of the curriculum by the National Directorate of Police Education; and, 3. Personnel of the Classes category or with Non-Commissioned Officer rank, with a university degree and/or graduate of the National Police Academy (ANAPO), who comply with the legal requirements and conditions established by the National Directorate of Police Education in the corresponding Regulation or Manual.

SPECIALTIES OF SERVICE OFFICERS. Service Officers have the following police service specialties:

• 1)

  Intendance;

• 2)

  Logistics, (transportation, weapons and equipment);

• 3)

  Police Legal;

• 4)

  Criminalistics;

• 5)

  Medicine;

• 6)

  Administration and Finance;

• 7)

  Sociology;

• 8)

  Psychology;

• 9)

  Architecture and Engineering;

• 10)

  Criminal Investigation Specialties;

• 11)

  Human Resources;

• 12)

  Quality Management; and, 13. Others that may be established by Law or Regulation.

  SECTION V AUXILIARY OFFICERS

AUXILIARY OFFICERS. Auxiliary Officers are those who provide their professional or technical services for the development of administrative or specialized activities described in article 28 of this Regulation, in any of the Organic Structures of the National Police and their rank assignment and retirement must occur through an Agreement issued by the Secretary of State in the Department of Security, at the request of the General Director of the National Police. Through the respective promotion process, Auxiliary Officers may only be promoted up to the rank of Commissioner of the Superior Officers category, subject to compliance with the established legal requirements.

SPECIALTIES OF AUXILIARY OFFICERS. In accordance with article 24 of THE LAW, Auxiliary Officers have the following specialties:

• 1)

  Journalism;

• 2)

  Music;

• 3)

  Tourism;

• 4)

  Religious Services;

• 5)

  Teaching;

• 6)

  Degree in Information Technology;

• 7)

  Archival Science and Statistics; and, 8. Others that may be established by Law or Regulation.

RESTRICTION. In accordance with the provisions of article 25 of THE LAW, the following restrictions apply to Service Officers and Auxiliary Officers:

• 1)

  They cannot apply for ranks in the General Officers category;

• 2)

  They cannot transfer to Regular Officers classification; and, 3. They cannot command Operational Police Units. SECTION VI CLASSIFICATION OF NON-COMMISSIONED OFFICERS, CLASSES AND AGENTS

POLICE NON-COMMISSIONED OFFICERS. Non-Commissioned Officers are members of the Police Career with specialized technical training to support the operational units of the National Police with the following ranks: Regular a. Senior Class b. Superior Class c. Chief Class d. Subaltern Class Technical a. Senior Non-Commissioned Officer b. Superior Non-Commissioned Officer c. Chief Non-Commissioned Officer d. Subaltern Non-Commissioned Officer

CATEGORY OF POLICE CLASSES. The category of Police Classes is composed of members of the Police Career in active service in the organic structures of the National Police, who are graduates of the Police Technological Institute (ITP) or an equivalent foreign Police Training School legally accredited. They may be promoted from the rank of Police Agent to the rank of Major according to seniority established by law.

POLICE AGENT AND CLASS. The category of Police Agent and Police Class are members of the Police Career trained at the Police Technological Institute (ITP) or an equivalent foreign Police Training School legally accredited and who pass to active status in the National Police through their respective Appointment Agreement. The Categories are as follows:

Regular 1. Police Agent; 2. Police Class I; 3. Police Class II; and 4. Police Class III. Technical a) Technical Police III b) Technical Police II c) Technical Police II d) Technical Police

SERVICE ORIENTATIONS. In accordance with article 29 of THE LAW, members of the Police Career in the categories of Non-commissioned Officers, Police Class and Police Agent have the following police service orientations:

• 1)

  Prevention and Community Security;

• 2)

  Intelligence and Criminal Investigation;

• 3)

  Traffic and Transportation;

• 4)

  Special Police Forces;

• 5)

  Telematics and Communications;

• 6)

  Logistics;

• 7)

  Antinarcotics;

• 8)

  Border Services; and, 9. Others that may be established by Law or Regulation.

SECURITY AGENTS IN INSTALLATIONS AND PROTECTION OF PERSONALITIES. Security Agents in Installations and Protection of Personalities are Hondurans who are graduates of the Police Technological Institute (ITP) or an equivalent foreign Police Training School legally accredited, specially trained for the provision of Security and Protection services for Personalities and Installations, who pass to active status in the National Police through their respective Appointment Agreement. They may be promoted from the rank of Agent to the rank of Major according to seniority established by law. SECTION VII AUXILIARY AND TECHNICAL PERSONNEL OF THE NATIONAL POLICE

AUXILIARY AND TECHNICAL PERSONNEL. The Auxiliary and Technical Personnel of the National Police is composed of human resources that do not exercise police functions and that on a temporary or permanent basis provide their professional, technical, administrative and/or specialized services to the National Police, whose entry into the Police Career Regime is carried out through an Agreement issued by THE SECRETARIAT, after corresponding evaluation and certification, in accordance with the procedure described in THE LAW and this regulation. This personnel must not participate in police operations or actions that require special police training.

RIGHTS AND OBLIGATIONS. The Auxiliary and Technical Personnel that becomes part of the Police Career Personnel Regime as provided in THE LAW and this regulation acquires the rights and obligations established therein except for those that are incompatible with the functions and position they perform.

PERFORMANCE EVALUATION CRITERIA. The professional performance of Auxiliary and Technical Personnel of the National Police must be evaluated in accordance with the following criteria:

• 1)

  Professional Training;

• 2)

  Professional Capacity;

• 3)

  Experience;

• 4)

  Time of Service; and, 5. Suitability.

ADMISSION TO THE CATEGORY OF AUXILIARY AND TECHNICAL PERSONNEL. For admission to the category of auxiliary and technical personnel, there must be a vacancy previously determined by the Human Resources Department; admission is voluntary and the interested party must comply with the formalities and requirements established in THE LAW and this regulation, so that THE SECRETARIAT may issue the respective Appointment Agreement. Auxiliary and technical personnel may pass to the classification of Auxiliary Officers from the rank of Sub-inspector to the rank of Commissioner prior to compliance with the requirements established in the preceding article.

REQUIREMENTS. The requirements that Auxiliary and Technical Personnel who wish to pass to the class of Auxiliary Officers must comply with are the following:

• 1)

  Have a minimum of six (6) years and a maximum of eleven (11) years of service in the Institution;

• 2)

  Not exceed thirty-five (35) years of age;

• 3)

  Comply with the profile requirements established for Auxiliary Officers;

• 4)

  Approve the recruitment and selection processes established by the National Directorate of Police Education for Auxiliary Officers; and, 5. Others that may be established in the respective regulation or manual. The change or homologation of Auxiliary and Technical Personnel to the classification of Auxiliary Officer may occur from the rank of Sub-inspector or from the rank of Inspector, depending on their seniority or time of active service provided to the Institution. Auxiliary and Technical Personnel with a time of service in the Institution greater than eleven (11) years may not make said change. The time of active service of the personnel shall be computable for their homologation and for seniority purposes.

HOMOLOGATION TABLE. The following homologation table is established for Auxiliary and Technical Personnel who wish to pass to the classification of Auxiliary Officers, who may be incorporated from the rank of Sub-inspector or Inspector, according to the time of service provided to the Institution:

PROMOTIONS. For promotion to the next immediate rank of Auxiliary and Technical Personnel homologated to the classification of Auxiliary Officers, they must comply with the required time in the rank, which is presented in the following table: The time of service may not exceed thirty-five (35) years.

CONTINGENT PERSONNEL. For contingent activities the General Director of the National Police may request the incorporation of contingent personnel in the Contract modality, having to justify the need for their hiring, which must be governed by the clauses of the respective Contract; therefore, said personnel is excluded from the Police Career regime.

CHAPTER III SELECTION AND APPOINTMENT OF THE GENERAL DIRECTOR OF THE NATIONAL POLICE

APPOINTMENT OF THE GENERAL DIRECTOR AND ASSISTANT GENERAL DIRECTOR. For the appointment of the General Director and Assistant Director of the National Police, the Secretary of State in the Office of Security must send to the President of the Republic the list of candidates who meet the legal requirements established in article 52 of THE LAW. The candidates must be Superior Officers with the rank of Police Commissioner with a minimum seniority of two years in the rank, professional merits qualified based on demonstrable competencies and having successfully passed trust evaluation tests.

SELECTION OF CANDIDATES. The selection of candidates for the positions of General Director and Assistant Director of THE POLICE shall be carried out through the proposal of the General Director of the National Police, who will evaluate the required requirements according to weighting criteria detailed in the corresponding regulation or manual, presenting to the Secretary of State in the Office of Security, who in turn will raise the proposal of the suitable candidates to the President of the Republic for their appointment and swearing in to the position.

CESSATION OF OFFICE. The General Director of THE POLICE, the Assistant Director and the Inspector General must cease their functions for the same causes established in article 46 of the Organic Law of the National Police, as well as those provided in the Police Career Law and respective regulations.

DELEGATION. The Director General of the National Police may, by means of an Agreement, delegate to the Official who holds the position of Deputy Director General, the faculties and institutional attributions that legally correspond. TITLE III ADMINISTRATION OF THE POLICE CAREER CHAPTER I MANAGEMENT OF HUMAN RESOURCES

MANAGEMENT OF HUMAN RESOURCES. The efficient management of human resources is the responsibility of the Human Resources Directorate, which must establish the necessary directives and guidelines so that the heads of each department ensure the orderly and efficient registration of the personnel actions of members of the Police Career under their command. The Human Resources Directorate is responsible for directing, organizing, and coordinating all administrative aspects of Human Resources, applying the policies, norms, and procedures of the Police Career in matters of recruitment, selection, classification, promotion, remuneration, performance evaluation, promotion, among others, promoting the optimal development of human resources.

ACTIVITIES OF HUMAN RESOURCES MANAGEMENT. It is the responsibility of the Human Resources Directorate of the National Police to execute the activities described in article 32 of THE LAW, as follows:

• 1)

  Maintenance of Effective Personnel;

• 2)

  Personnel Administration;

• 3)

  Maintenance and consolidation of ethical, civic, and moral values;

• 4)

  Strengthening of Operational Capacity;

• 5)

  Labor Welfare and Social Security;

• 6)

  Discipline, Law and Order;

• 7)

  Organization of Promotions; and, 8. Others that may be established in the corresponding regulation or manual.

REGISTRATION AND CONTROL. The Human Resources Directorate of the National Police is responsible for administering and ensuring the systematized database for the registration and control of the service situation of personnel, that is, in active service, suspended, retired, or reserve; in the terms indicated in article 33 of THE LAW.

REGISTRATION IN PERSONAL FILE. In addition to the information described in article 33 of THE LAW, the following aspects must also be registered in the record or personal file of members of the Police Career:

• 1)

  Personal information such as: spouse, dependents, beneficiaries, and emergency contacts;

• 2)

  Attendance;

• 3)

  Service situation: active, suspension, or reserve;

• 4)

  Incapacities;

• 5)

  Promotions;

• 6)

  Evaluations;

• 7)

  Certification;

• 8)

  Reports;

• 9)

  Disciplinary Records; and, 10. All personnel actions that are applied and managed.

REGISTRATION AND CORRECTION OF DATA. The procedure for the registration and correction of data referred to in article 34 of THE LAW shall be carried out when there is error or omission in the registration, notation, or recording of personal data in the police record or police personal file. In such cases, the member of the Police Career who considers themselves affected must submit a formal note addressed to their immediate superior, so that it may be forwarded to the Human Resources Directorate; in the same note they must clearly indicate their particulars, the reason for their claim, clarification, or disagreement, the justification or clarification of the data that should be included or corrected, and must attach evidence if any exists. The Human Resources Directorate must resolve the request within a period not exceeding thirty (30) business days, counted from the date of receipt of the request, and to resolve it shall exhaustively verify the corresponding physical and electronic records, and must inform the Director General of the National Police of the results so that the Director General authorizes or disapproves the registration, correction, or recording of the information in the database, record, or personal file of the personnel who requested it. CHAPTER II ADMISSION TO THE POLICE CAREER SECTION I GENERAL ADMISSION REQUIREMENTS

ADMISSION. Admission to the National Police is voluntary and only through the National Police Academy (ANAPO) for aspiring Officers and the Police Technological Institute (ITP) for aspiring Police Agents and Security Agents in Installations and Personalities, and also through Police Training Centers and analogous foreign institutions. Applicants must pass the corresponding evaluation, selection, admission, and training process, and must be governed by the norms established by the corresponding Police Training Center.

SPECIFIC ADMISSION REQUIREMENTS. In order to be admitted to any of the National Police Training Centers, it is necessary that the applicant successfully pass the following tests:

• 1)

  Laboratory examinations;

• 2)

  Medical and dental evaluation;

• 3)

  Personal investigation and family environment;

• 4)

  Physical fitness evaluation;

• 5)

  Patrimonial and socioeconomic investigation;

• 6)

  Toxicological, polygraph, and psychometric tests;

• 7)

  Knowledge tests; and, 8. Police and criminal records of applicants. With regard to trust verification tests, these shall be conducted by the Trust Control Center, in coordination with the National Police Education Directorate and the Human Resources Directorate, in accordance with the respective legal provisions.

GENERAL REQUIREMENTS FOR INITIAL ADMISSION. In accordance with article 102 of the ORGANIC LAW, the general requirements for initial admission to any of the Training Centers of the National Police Education Directorate (DNEP), as an applicant in the different categories of the police rank structure, are the following:

• 1)

  Be Honduran by birth;

• 2)

  Secondary education diploma registered in the Secretariat of State in the Office of Education, duly accredited when obtained from foreign centers;

• 3)

  Age between Eighteen (18) and Thirty-Five (35) years of age as of the date of admission;

• 4)

  Minimum height: men 1.65 meters and women 1.60 meters;

• 5)

  Pass the medical, dental, and psychophysical examination and general knowledge tests;

• 6)

  Approve all trust evaluation tests including polygraph, toxicology, patrimonial, psychometric, and socioeconomic tests;

• 7)

  Not have active criminal or police records;

• 8)

  Not have been dishonorably separated from the Armed Forces or the National Police;

• 9)

  Not have ceased from public or private office due to dismissal because of disciplinary violations or crimes; and, 10. Other requirements established by THE LAW, this regulation, as well as those determined by the Police Training Center through its respective regulation or manual.

PSYCHOPHYSICAL APTITUDE. To enter the Police Career, the applicant must be in perfect physical and mental conditions that allow them to exercise police duties with efficiency, quality, and discipline. These conditions shall be given by the following psychophysical profile indicators:

• 1)

  Good intellectual level;

• 2)

  Capacity for reflection;

• 3)

  Preserved critical judgment and autonomous thinking;

• 4)

  Absence of elements compatible with impulsivity, aggressiveness, inhibition, and insecurity; psychopathy, phobias, and/or severe personality disorders;

• 5)

  Defense mechanisms;

• 6)

  Capacity for adaptation to new and unexpected situations; and,

EVALUATORS. When the National Police does not have the necessary specialists or technical elements to conduct the psychophysical evaluations referred to in the preceding article, the collaboration of Official Institutes and/or National, Departmental, or Municipal Hospitals shall be sought.

AGE REQUIREMENTS. Applicants for Regular Officers, Service Officers, and Auxiliary Officers must comply with the general admission requirements described in article 54 of this Regulation. Regarding the age requirement set forth in numeral 3, the maximum age allowed for each class is as follows: 1. Applicants for Regular Officers must be between 18 to 26 years of age. 2. Applicants for Service Officers and Auxiliary Officers, the maximum age is 35 years; additionally, they must have the Undergraduate degree required for the position duly accredited or recognized, in case it was obtained at a Training Center abroad.

REQUIREMENTS FOR AGENTS. Applicants for Police Agents of the National Police must comply with the general requirements described in article 54 of this regulation; however, they must be between 18 to 30 years of age; additionally, they must provide proof of the specializations, courses, or training required for their admission. SECTION II RECRUITMENT AND SELECTION

RECRUITMENT AND SELECTION. The Process of Recruitment and Selection of personnel to enter the National Police is directed by the National Police Education Directorate (DNEP) and includes the following stages:

• 1)

  Announcement and Evaluation Stage: In which announcements and corresponding convocations are made through the national media authorized for this purpose, and must publish the period for registration, enrollment, submission of requirements, and preliminary interview. In this stage, an evaluation of requirements and interview for pre-selection of applicants must be conducted;

• 2)

  Selection Stage: In which general knowledge examinations, background investigations, general and specialized medical examinations, physical and psychological tests, trust evaluation tests, and others that may be required are organized and applied. In this stage, applicants who have successfully completed all evaluations and tests shall be selected;

• 3)

  Training Stage: In which the applicants selected in the previous stage enter the corresponding Police Training Center for their training during the legally established period; this stage also includes the probationary period or professional practice; and, 4. Appointment Stage: In which the Secretariat of State in the Office of Security issues the respective Appointment Agreements for applicants who have successfully passed all previous stages, for their swearing in and admission to the personnel roster of the National Police, and with which the status of member of the Police Career in active service is acquired. The Registers of Eligible Candidates shall be kept updated, in order to have aspiring candidates available to participate in different police training courses.

ANNOUNCEMENT AND DISSEMINATION. The Director General of the National Police, through the Police Education Directorate, must disseminate the announcement for applicants to the Police Career for a period of thirty (30) business days in national circulation newspapers, the website of the Secretariat of State in the Office of Security, the National Police, and the Police Training Centers, as well as through other authorized media; said announcement must contain the following information:

• 1)

  Admission requirements;

• 2)

  Place and time of enrollment; and, 3. Date of closure of enrollment. 4. Benefits.

EXTRAORDINARY CALLS. Notwithstanding the provisions of the preceding article and when institutional needs warrant it, calls for exceptional convocations for the acquisition of special capabilities not found within the approved training programs for the National Police may be made for such extraordinary convocations for the coverage of organic positions and/or hierarchical ranks, only when it proves indispensable and the Institution does not have the necessary police personnel staffing for such coverage.

COMPREHENSIVE TRAINING. Members of the Police Career who comprise the professional and technical organic frameworks must receive the comprehensive training necessary for their performance and advancement in the Police Career, oriented toward the knowledge of police sciences and citizen security, for the conduct of command exercise and the execution of functions in the operational, administrative or technical area, with emphasis on Human Rights and a community approach, which shall be the responsibility of the National Police Education Directorate (DNEP).

PERMANENT TRAINING. Permanent training of the National Police of Honduras personnel shall have as its objective the instruction, training, improvement and/or professional update of personnel, on the basis of the training centers that the authorities of the National Police Education Directorate (DNEP) may establish. Such training may include courses, seminars, events and other non-mandatory activities that are authorized and/or approved by the National Police Education Directorate (DNEP). The latter shall promote and/or authorize the granting of scholarships intended for the participation of National Police of Honduras personnel in courses, seminars, events and other training activities related to the specialty, organic position and/or function performed by such personnel; in accordance with the requirements established in the corresponding regulation or manual.

PROFESSIONAL AND TECHNICAL DEVELOPMENT. Police Professional Training is the process whose purpose is the preparation, updating, specialization and improvement of the police corps offered through the Police Training Centers. Professional and technical training allows personnel to develop new skills, abilities and aptitudes. The National Police Education Directorate must develop and coordinate with other organizations or study centers training and specialization courses oriented toward personnel training and operability, with the purpose of guaranteeing professional and technical development for the effectiveness of police service, and must ensure that each member attends at least one course per year, without affecting police service. Members of the Police Career must remain willing to participate in continuous training processes for the strengthening of their capabilities, abilities and knowledge.

PROGRAM UPDATING. It is the responsibility of the Directorate of Planning, Operational Procedures and Continuous Improvement in coordination with the National Police Education Directorate (DNEP), to keep the teaching programs permanently updated according to institutional needs, at least every three (3) years and based on previously established technical criteria, and must conduct annual monitoring.

REINTEGRATION AND UPDATING. In order to reintegrate into the National Police, it shall only be through a Judicial resolution. The Human Resources Directorate shall coordinate with the National Police Education Directorate (DNEP), the conduct of the updating and retraining course for police personnel who are reintegrated to the Institution, with prior authorization from the General Director of the Police.

PROFESSIONAL PROFILE. The professional profile of members of the Police Career is comprised of:

• 1)

  Professional and technical education;

• 2)

  Vocation for service;

• 3)

  Possess moral and ethical values;

• 4)

  Effective leadership; and, 5. Professional integrity.

SPECIAL REGIME FOR ASPIRING OFFICERS. Aspiring police officers or students in initial training at the Police Training Centers are governed by the Special Regime established in the Internal Regulations of their respective Police Training Centers.

SUPERVISED PRACTICES. Cadets, Ensigns of the National Police Academy (ANAPO); aspiring Police Agents and Security Agents in Installations and Personalities of the Police Technological Institute (ITP), may only participate in supervised professional practice and in exceptional cases determined in the respective regulation or manual, which in all cases shall do so in the capacity of students, with prior authorization from the General Director of the National Police. All personnel of the Police Career must comply reciprocally with the standards of hierarchy, discipline, subordination and respect toward the personnel of Ensigns of the National Police Academy, aspiring Police Agents of the Police Technological Institute (ITP), when they are conducting their respective supervised professional practice. They shall become part of the Police Career when they have successfully completed their police training course including supervised practice, prior to compliance with the other legal requirements.

PRACTICE EVALUATION. It is the responsibility of the National Directorates to supervise and evaluate supervised practices in accordance with the norms and procedures established by the General Director of the Police, through the National Police Education Directorate. The National Directorates have the obligation to remit to the Directorate of Planning, Operational Procedures and Continuous Improvement, the evaluations of the aspiring officers who successfully complete supervised practice, and must attach the respective evaluation formats to the National Police Education Directorate.

APPOINTMENT AGREEMENT. The Human Resources Directorate must prepare the list of approved aspiring officers in order of priority, selecting those with the highest to lowest qualification scores for their incorporation to the Institution through the respective Appointment Agreement and assumption of the position as a member of the Police Career. The Appointment Agreement is the personnel action issued by the appointing authority, through which the incorporation of the aspiring officer to the Police Career is formalized. The appointing authority must formalize the Appointment Agreement within a period not exceeding thirty (30) days from the date on which they have successfully completed the training stage. The Human Resources Directorate must summon the aspiring officer to inform them of their appointment, signature and assumption of the position, an act in which they must be informed about the general and specific aspects related to the position, rights and obligations; in addition, they shall receive a copy of their Appointment Agreement. The Human Resources Directorate shall ensure compliance with the provisions established in THE LAW and this regulation.

ASSIGNMENT. In accordance with numeral 12 of article 8 of THE LAW, Assignment is defined as the destination for the provision of service or exercise of the position by the member of the Police Career, in accordance with the Appointment Agreement, transfer or assignment.

ASSIGNMENT TO LEADERSHIP POSITIONS. The assignment of destination of the member of the Police Career for the provision of service, as well as to leadership positions in the different organic units of the National Police, must be determined based on service needs, merit order, specialty, competence, experience and seniority in rank, in accordance with the profile of the position required in the corresponding regulation or manual. Through the Assignment Agreement, nomination to a position, work commission, special commission or special mission is formalized for a maximum period of two (2) years, counted from the date of issuance of the respective Agreement by the General Director of the National Police or the Human Resources Directorate, as appropriate. In such Agreement, the position, its responsibilities and the date of assumption of duties must be determined, and delivery must be made in legal and proper form through the respective act, the person making the delivery shall be responsible for all orders issued during their administration for a reasonable period of time.

ASSIGNMENT GROUNDS. Members of the Police Career may be assigned for the following reasons:

• 1)

  Disposition of the General Director of the National Police;

• 2)

  Service need;

• 3)

  Promotion;

• 4)

  Performance Evaluation; and, 5. Others that may be established. Reassignment shall proceed when the maximum period of two (2) years in the exercise of the assigned position has been completed, or due to minimum or deficient ratings in performance evaluations.

EVALUATION SYSTEM. In accordance with the provisions of article 48 of THE LAW, evaluation has the purpose of rating members of the National Police in their different categories, specialized police occupation and requirements of the respective position, and must be conducted in accordance with the characteristics inherent to the directorates or special assignment units. Evaluations serve as the basis for promotion to the next higher rank, assignment of positions, incentives, scholarships, training, termination of the Police Career and others.

PERFORMANCE EVALUATION. Police performance evaluation is the process through which, in a comprehensive, systematic and continuous manner, the set of attitudes, conduct and performance of members of the Police Career is assessed and rated.

CLASSIFICATION. The evaluations applicable to members of the Police Career are classified as follows:

• 1)

  Entrance Evaluation: Through which applicants to the Police are evaluated and rated by the National Police Education Directorate (DNEP), in conjunction with the Directorate of Planning, Operating Procedures and Continuous Improvement in accordance with the respective regulation or manual;

• 2)

  Ordinary Evaluation: Through which the performance and efficiency in the performance of functions of members of the Police Career is evaluated and is applied once per year, by the immediate supervisor. Within this class is found the Performance Evaluation;

• 3)

  Promotion Evaluation: Through which service and performance are evaluated according to requirements previously established by the General Director through the Human Resources Directorate and the Police Strategic Board; the result of the ordinary evaluation must also be taken into account; and, 4. Extraordinary Evaluation: In which the high police command by means of a Resolution orders the evaluation of personnel for reasons of control, certification, restructuring or others previously established. Within this class are found the Confidence Evaluations. The respective regulation or manual shall determine the procedures and tests that shall be applied in each evaluation.

TESTS. Pursuant to Article 48 of THE LAW, the evaluations of members of the Police Career are conducted through the following tests:

• 1)

  Confidence Evaluation Tests: Set of psychometric, socioeconomic, patrimonial, toxicological and polygraphic tests applied to members of the Police Career by the corresponding body, with the purpose of determining their level of reliability;

• 2)

  Physical Competency Tests: Tests applied with the objective of measuring physical competencies related to the capacities of resistance, strength, speed, flexibility among others that may be determined and are inherent to the profile established for the position, by the Human Resources Directorate;

• 3)

  Performance Evaluation Tests: Tests that allow the assessment and rating of the set of attitudes, conduct and performance of members of the Police Career;

• 4)

  Tests of Efficiency in Duty Fulfillment: Rating made to members of the Police Career regarding the efficiency and effectiveness in duty fulfillment or provision of services;

• 5)

  Knowledge Tests: Tests conducted on members of the Police Career, in order to evaluate the knowledge required for the performance of a position; and,

• 6)

  Medical Evaluation: Medical examination conducted by qualified personnel, in order to determine the physical and mental health status of the member of the Police Career and to determine whether they present the necessary health conditions for the performance of service. Matters concerning the evaluation processes shall be regulated in the Promotion Regulation or corresponding manual.

METHODS AND PROCEDURES. The methods and procedures for personnel evaluation are developed by the Directorate of Planning, Operating Procedures and Continuous Improvement in coordination with the National Human Resources Directorate, and shall be determined depending on the objectives and personnel policies, as well as the specific characteristics of the position, established in the corresponding manual.

PURPOSE. The evaluations applied to members of the Police Career serve as the basis for the General Director of the National Police to determine the assignment of position or destination, reassignment to another position, training, distinctions, as well as the temporary loss of the right to promotion and even the cancellation of the Appointment Agreement without liability for the State.

JUSTIFICATION FOR NOT TAKING PHYSICAL TEST. A member of the Police Career may be justified for not taking the physical competency test for the following reasons:

• 1)

  Personnel who are on leave for illness, pregnancy, accident or other health cause provided for in the Law of the Honduran Social Security Institute (IHSS) and other social security laws, during the time determined by the corresponding medical center;

• 2)

  Personnel who are enjoying leave without pay for the causes described in THE LAW and this regulation, for the duration thereof;

• 3)

  Personnel who are in the process of retirement; and, 4. Others that are legally established.

PROMOTIONS. In accordance with Article 49 of THE LAW, promotion is a legal administrative process to qualify for the next higher rank and has as its purpose maintaining the organizational framework in the hierarchical order of the National Police, recognizing the merits, seniority and precedence in the rank of each candidate. The requirements and procedures necessary for the granting of ranks shall be regulated in the Promotion Process Regulation and Manual.

CONDITIONS FOR PROMOTION. The following are essential conditions to qualify for the next higher rank through promotion processes: 1. Not having disciplinary proceedings in progress for Serious or Very Serious Faults. 2. Not having been sanctioned in the immediately preceding year, nor in the year in which the rank promotion corresponds; With respect to the preceding numerals, it is excepted that such acts have been a product of duty fulfillment. 3. Not having failed at least one of the confidence evaluation tests applied during the promotion period; 4. Not maintaining a deficient rating in the last performance evaluation conducted prior to the promotion process; 5. Not being considered for promotion to the next higher hierarchical rank, whoever, having met the minimum conditions for it, is processing their retirement from the Institution; and, 6. Others that are legally established.

PROMOTION OF OFFICERS. Promotions in the categories of Officers shall be conducted as follows: 1. Regular Officers: Upon compliance with legal requirements, they may be promoted from the rank of Subinspector to the rank of General Director; and the time required for each rank is presented in the Table contemplated in Article 43 of the Promotion Regulation. The computation of the total time in the rank may not exceed the maximum of thirty-five (35) years of service legally established. 2. Service Officers: Promotion shall be conducted from the rank of Subinspector to the rank of Police Commissioner and the time required for each rank is presented in the Table contemplated in Article 43 of the Promotion Regulation. 3. Auxiliary Officers: Promotion shall be conducted from the rank of Auxiliary Subinspector to the rank of Auxiliary Commissioner and the time required for each rank is presented in the Table contemplated in Article 43 of the Promotion Regulation.

TIME IN RANK. For Non-commissioned Officers, Classes and Police Agents the time required in the rank for promotion to the next higher rank is presented in the table contemplated in Article 44 of the Promotion Regulation. The computation of the total time in the different ranks of active service may not exceed 35 years of legally established service; but in the same manner they shall have the right to complete their aforementioned years of service in advisory assignments or similar that the General Director determines, to achieve the total of their retirement.

PROMOTION EVALUATION BODIES. The Secretary of State in the Office of Security, by means of an Agreement shall order the organization of the Promotion Evaluation Bodies for the respective categories, at the proposal of the General Director of the Police, which shall be organized in accordance with the formalities established in the respective Promotion Regulation and Manual. At all times the members of the Police Career that make up the Promotion Evaluation Bodies must be of higher hierarchy than those being evaluated.

EXTRAORDINARY PROMOTION. The Secretary of State in the Office of Security may order extraordinary promotions. Extraordinary promotion is the advancement to the next higher hierarchical rank without the need to comply with the requirements provided in the Law and this Regulation, only in the following cases: 1. For members near Retirement or Separation, extraordinary promotion shall be recognized for exceptional merits and distinguished service during their career; and, 2. For the member of the Police Career who dies or acquires an absolute disability as a consequence of an act of service.

EXTRAORDINARY PROMOTION FOR MERIT. Extraordinary Promotion for Merit shall be granted to members of the Police Career who accredit exceptional qualities of valor, sacrifice and devotion in the performance of duty that have a transcendent benefit to society, and shall have the right to recognition of their meritorious performance in the form and conditions established in the respective Promotion Regulation and Manual.

POSTHUMOUS PROMOTION. When a member of the Police Career dies in special circumstances in the performance of their duty, the Secretariat of State in the Office of Security shall proceed with the promotion of the deceased with an honorary character to the next higher rank.

LIST OF CANDIDATES. It is the responsibility of the General Director of the National Police in session of the Police Strategic Board to evaluate the situation of members of the Police Career that merit being promoted to the next higher rank in an extraordinary manner as described in this Section; in order to deliver to the Secretary of State in the Office of Security, the list of meritorious candidates.

POLICE SERVICE SHIFTS. Police service must be provided in shift modality subject to availability, to service requirements, and taking into account the sanitary conditions and welfare of the member of the Police Career.

WORK SCHEDULE FOR AUXILIARY AND TECHNICAL PERSONNEL. The work schedule for Auxiliary and Technical Personnel shall be Monday through Friday from 8:00 A.M. to 4:00 P.M.; however, exceptionally it shall be subject to schedule changes or extensions due to service needs as determined by the General Directorate, without this implying additional payment for overtime hours. The immediate superior may exceptionally authorize extraordinary work, in cases of service necessity, which shall not have the right to receive any kind of compensation, except for compensations expressly authorized.

ATTENDANCE RECORDS. The Human Resources Directorate must ensure that in each police dependency there exists an electronic time-recording system for controlling the attendance of auxiliary and technical personnel, which must record the time of entry and exit daily. The immediate supervisor, respecting the proper chain of command, has the responsibility to immediately communicate to the Human Resources Directorate, or to take the corresponding administrative measures, in cases of unjustified absences of personnel or abandonment of their work post for the administrative and/or disciplinary procedures that may apply.

PERMITS. It corresponds to the immediate supervisor of the member of the Police Career to grant and authorize permits to be absent from their work for a period of up to two (2) consecutive days with pay and for duly justified cause. The permit must be requested in writing following the chain of command and with proper justification with twenty-four (24) hours notice, or exceptionally in cases of urgency it shall be done immediately, and it must be authorized by the immediate superior leaving the respective record. No more than one (1) permit of two (2) days in a month may be granted, nor may more than two (2) shorter permits be granted in the same month. The Human Resources Directorate through the respective manual shall establish the causes and the maximum annual period of permits available to members of the Police Career, without prejudice to the corresponding disciplinary actions.

VACATION. Members of the Police Career have the right to enjoy annual paid vacation, understood as the payment of a bonus proportional to the salary earned by the personnel of the Institution according to the number of business days to which they are entitled, in accordance with the following table:

• 1)

  Twelve (12) business days after the first year of service;

• 2)

  Fifteen (15) business days after the second year of service;

• 3)

  Eighteen (18) business days after the third year of service;

• 4)

  Twenty-two (22) business days after the fourth year of service;

• 5)

  Twenty-six (26) business days after the fifth year of service; and, 6. Thirty (30) business days after the sixth year of service.

GRANTING OF VACATION. Vacation must be authorized by the immediate superior and approved by the Human Resources Directorate, and must inform the General Directorate of the National Police once the fulfillment of the following conditions is assured:

• 1)

  The member of the police career may not accumulate vacation, except in justified cases, whether due to service necessity or for personal interest reasons up to two (2) consecutive vacation periods. In these cases, the enjoyment of the two (2) accumulated periods may be authorized in continuous or alternating form;

• 2)

  The member of the Police Career must request in writing their vacation period with fifteen (15) business days notice prior to the date corresponding to them;

• 3)

  Vacation must be granted during the period that corresponds and before another new one begins, without prejudice to it being postponed for the causes determined in the respective Regulations;

• 4)

  The Human Resources Directorate must notify in writing and with sufficient notice to the member of the Police Career the authorization for vacation enjoyment and the dates of start and end;

• 5)

  In no case shall the enjoyment of vacation be replaced economically with an economic compensation;

• 6)

  Paid leaves, temporary disabilities accredited in accordance with social welfare provisions, or other actions that do not interrupt the service relationship, shall not affect seniority for the purposes of computing the vacation period that corresponds; and, 7. Others that may be established in the corresponding Regulations.

LEAVES. Paid and unpaid leaves must be authorized by the Secretary of State in the Ministry of Security following a favorable Resolution on the request presented by the General Director of the Police. The granting of paid leaves without justified reasons shall make the official who authorizes it incur administrative and criminal liability. Unpaid leave may be granted to members of the Police Career, provided that qualified reasons concur for such. The time of unpaid leave is not computable in the time of service for the purposes of seniority and promotions.

PAID LEAVE. Members of the Police Career shall have the right to enjoy paid leave when any of the following causes is accredited:

• 1)

  For illness, pregnancy or maternity, accidents or other causes provided in the corresponding Social Welfare Law;

• 2)

  For bereavement, in case of death of parents, children, siblings, spouse or household partner, five (5) business days of leave shall be granted; however, if the deceased had lived in a place different from their personal residence, up to nine (9) business days may be granted, taking into account the distance and other circumstances that apply;

• 3)

  For marriage, six (6) business days of leave shall be granted to the member of the Police Career;

• 4)

  To appear before any Court of Justice when legally cited or summoned for such purpose, for the strictly necessary time, taking into account the distance;

• 5)

  For serious illness of their parents, children, siblings, spouses or household partner, prior accreditation of the cause by means of medical certification and evidence that their assistance would be essential, in this case, the leave shall be granted for the strictly necessary time, requiring a favorable opinion from the Human Resources Directorate;

• 6)

  In cases of public calamity or National emergency such as natural disasters or other analogous causes, when the member of the police career or their relatives within the fourth degree of blood relationship or second degree of affinity are affected in their persons or in their assets and this requires their attention or immediate assistance, the leave must be granted for the strictly necessary time, requiring a favorable opinion from the Human Resources Directorate;

• 7)

  For scholarships or studies within or outside the country or for training or specialization programs that have a direct relationship with the nature of the functions proper to the position; being granted for the duration of the scholarship. For which a prior agreement must be subscribed in which the scholarship recipient commits to the provision of service in the Institution for double the time that their training lasted, or failing that, to reimburse the State double the sum of money that the State invested in expenses; and, 8. Others that may be established in the corresponding Regulations.

AUTHORIZATION OF PAID LEAVE. When Paid Leave does not exceed thirty (30) days it must be authorized by the General Director of the National Police, following a favorable opinion from the Human Resources Directorate. When the duration of the leave exceeds thirty (30) days it shall be authorized by the Secretary of State in the Ministry of Security and the respective Agreement must be issued following a favorable Resolution issued by the General Director of the Police based on the corresponding opinion from the Human Resources Directorate. It is the responsibility of the Human Resources Directorate to keep the corresponding records and controls.

UNPAID LEAVE. Members of the Police Career shall have the right to enjoy unpaid leave for a maximum period of one (1) year, extendable in duly accredited cases and of institutional benefit prior to the request of the interested party authorized by the Secretary of State in the Ministry of Security, and the respective Agreement must be issued. Prior favorable Resolution issued by the General Director of the Police based on the corresponding opinion from the Human Resources Directorate in the following causes: a) Serious family matters different from those indicated in Article 98 of this regulation such as emergency trips, convalescence or medical treatment of the member of the police career or of some family member, or for the solution of family-related problems. b) For reasons of studies in educational centers different from the Institution's training centers or analogous foreign centers. The request for unpaid leave must be accompanied by the documents that accredit any of the causes of justification mentioned above and must be presented with a minimum notice of sixty (60) days.

SPECIAL LEAVE FOR MATERNITY AND BREASTFEEDING. Female personnel enjoy Special Leave for Maternity and Breastfeeding, which must consist of the prenatal and postnatal period of forty-two (42) calendar days each and subsequently for full-time personnel, one (1) hour daily of breastfeeding for six (6) months, counted from the day of birth of the infant. Female personnel who are breastfeeding their child during the first six (6) months of life must be excluded from twenty-four (24) hour services and from remaining in situations considered dangerous to their health or that of their infant. A father who is a member of the Police Career must be granted a permit of no more than nine (9) calendar days for the birth of his child.

SPECIAL PERMIT. The member of the Police Career who during permits, vacation period or leave must travel outside the country for any reason is obligated to request it in writing before their immediate superior, Director of the Directorate to which they belong, Director of the Human Resources Directorate and the General Director, for their knowledge and corresponding authorization.

SUSPENSION OF PERMITS, LEAVES AND VACATION. In situations of emergency due to public calamity, war, internal unrest, natural or man-made disasters, the Secretary of State in the Ministry of Security, following an Executive Agreement, may suspend permits, leaves and/or vacation, except in cases of maternity and temporary disability, as provided in Article 67 of THE LAW. CHAPTER V SOCIAL PROTECTION AND LIFE INSURANCE

SOCIAL PROTECTION. The Social Protection of the members of the police career shall be in accordance with Chapter IV of the Police Career Law, in the following aspects: a) Social Protection b) Social Security c) Social Welfare Regime d) Medical-Hospital Care

LIFE INSURANCE. The member of the Police Career shall have the right to a collective life insurance, which shall be granted by the Secretary of State in the Ministry of Security, differentiated when it is a death in the fulfillment of duty and those risk conditions to which the member of the police career is exposed. Said life insurance may not be less than 30 minimum salaries in their highest category and shall be delivered to the beneficiary or beneficiaries designated in the National Police beneficiary designation form.

0 6 . COMPENSA TIONFORLENGTHOF SERVICE. Itis the benefit that every member of the police career attached to the benefit structures of the pre-existing and structure of the Institute of Pensions and Retirements of Employees and Officials of the Executive Branch (INJUPEMP) of the Special Risk Regime (RRE) shall receive, after completing and concluding their years of active service in the police institution or by voluntary retirement; the same shall be equivalent to one month's salary for each year of service rendered to the State up to a maximum of 25 years; which shall be calculated based on the average of the last 6 salaries received. Such compensation shall be received only by members of the police institution who are in active service and to whom an individual labor reserve account is not established in the Military Pension Institute. TITLE IV FORMS OF TERMINATION, CONCLUSION, SUSPENSION AND REINSTATEMENT OF THE POLICE CAREER CHAPTER I CONCLUSION OF THE POLICE CAREER

CONCLUSION OF THE POLICE CAREER. In accordance with Article 54 of the LAW, members of the Police Career may conclude the provision of active service in the following cases:

• 1)

  Voluntary retirement duly authorized;

• 2)

  Pension for disability;

• 3)

  Retirement;

• 4)

  Having completed years of service;

• 5)

  Technical administrative budgetary restructuring; and,

• 6)

  Death. When the Police Career is concluded for any of the causes described above, personnel shall be recognized the rights and benefits that legally correspond to them.

VOLUNTARY RETIREMENT. Duly authorized voluntary retirement proceeds when the Secretary of State in the Office of Security issues the respective Agreement canceling the request for withdrawal from active service made by the member of the Police Career. Provided that there is no impediment reason described in the LAW. To request voluntary retirement, Officers must have completed a minimum time of ten (10) years of continuous service; Non-Commissioned Officers, Ranks and Police Agents must have completed double the time that the State invested in their training. In the event of non-compliance with this provision, the member must appear before the Administrative and Financial Directorate of the Police so that the cost computation can be made, which must be reimbursed due to their training. Non-compliance with the above shall give rise to the civil suit that corresponds in law, so that the State is reimbursed for the expenses it incurred in their training.

PENSION FOR DISABILITY. Pension for disability proceeds when the member of the Police Career is not fit for the provision of service due to permanent incapacity produced by any injury, physical or mental illness, or other circumstance described in the Law, that prevents them from continuing to perform their usual functions. The Disability must be determined by the Technical Commission of Invalidity of the Honduran Social Security Institute IHSS and/or the Committee for the Granting of Disability Pensions (COPI) of the Military Pension Institute (IPM) in accordance with what is stipulated in its corresponding Law and regulations.

RETIREMENT. Retirement is the administrative act by which the member of the Police Career passes to a passive or inactive situation, withdrawing because they have reached the maximum age for service or because they have completed years of service in accordance with what is provided in the ORGANIC LAW, Law of the Police Career, Law of the Military Pension Institute (IPM) and their respective regulations.

HAVING COMPLETED YEARS OF SERVICE. It is the condition of personnel who reach thirty-five (35) years of service within the Police Career and pass to a passive or inactive situation, without having completed the mandatory age required to process their retirement.

TECHNICAL ADMINISTRATIVE BUDGETARYRESTRUCTURING. Restructuring is a cause of technical, administrative, legal and budgetary order, which leads to the reordering and reorganization of the existing organic and administrative structure that needs to be changed or altered due to circumstances of public interest or national security, determined by the High Police Command, having as consequences either the cancellation of members of the police career, changes in the police ranking, positions or offices, in order to generate greater efficiency in the provision of citizen security services.

DEATH. Real or presumed death ends the police career; it must be accredited with the certification of the Death Certificate that certifies the death, or with the corresponding Sentence that declares presumed death. If death had occurred in acts of service, posthumous recognition shall be carried out in accordance with the Funeral Honors regulations.

RESERVE CORPS. As provided in Article 58 of the LAW, members of the police career in retirement situation must automatically become part of the Reserve Corps of the National Police and must remain available to attend any emergency in which their training may be useful. CHAPTER II TERMINATION OF THE POLICE CAREER

TERMINATION OF THE POLICE CAREER. In accordance with Article 55 of the LAW, members of the Police Career terminate the provision of services, without liability for the State, in the following cases:

• 1)

  Final Conviction Sentence from a competent Court;

• 2)

  Dismissal as per Law;

• 3)

  Disqualification by competent authority; and, 4. Lack of merit or deficient performance rating.

FINAL CONVICTION SENTENCE FROM A COMPETENT COURT. The Police Career shall be considered terminated for personnel to whom a Final Conviction Sentence is handed down. For which the National Directorate of Human Resources must accredit this situation through a certified copy of the respective Sentence and issue the corresponding Opinion, so that the Secretary of State in the Office of Security may proceed with the cancellation of the appointment Agreement.

GROUNDS FOR DISMISSAL. In compliance with what is provided in Article 59 of the LAW, dismissal of members of the Police Career only proceeds when it is supported by one of the causes established in the ORGANIC LAW, Police Career Law, corresponding regulations, manuals and instructions. Dismissal must be effective as of the date of notification. Being the National Police an entity regulated by a Special Law of Constitutional rank, the payment of indemnity to the member of the Police Career to whom their appointment Agreement has been canceled by dismissal qualified by the competent Judicial Authority as unjustified should only proceed.

DISQUALIFICATION BY COMPETENT AUTHORITY. The Police Career shall be considered terminated without liability for the State of the member of the POLICE who has been disqualified from holding public office by competent authority; in which case the procedure shall be as established in Article 117 of this regulation, final paragraph.

LACK OF MERIT OR DEFICIENT PERFORMANCE RATING. The cancellation of appointment agreement shall proceed for the termination of the Police Career of personnel who have been submitted to any evaluation process described in the LAW and this regulation, resulting in a deficient rating or fail to pass two (2) consecutive evaluations, in accordance with the evaluation scale previously established in the corresponding regulation or manual.

SUSPENSION IN GENERAL. Members of the Police Career shall be suspended for the reasons and in the manner provided for in the ORGANIC LAW, Police Career Law and respective regulations.

PROHIBITIONS AS A RESULT OF SUSPENSION. The suspension in the terms of article 61 of THE LAW and article 117 of THE ORGANIC LAW, applicable to personnel entails the following prohibitions:

• 1)

  Prohibition of exercising the functions and authority conferred by his or her position;

• 2)

  Prohibition of holding any position within the Institution;

• 3)

  Performing functions or paid employment in public entities while said measure is in effect;

• 4)

  Prohibition of directing, planning or participating in operations, using the uniform, insignia, equipment and weaponry of the National Police; and, 5. Others that are legally established. Non-compliance with these provisions constitutes a Very Serious violation, which must be communicated to the competent authority so that the respective disciplinary procedure is initiated.

SUSPENSION BY ORDER OF FORMAL PROSECUTION. In accordance with article 61 of THE LAW, when a member of the Police Career has been issued an Order of Formal Prosecution for willful crime, they shall be immediately suspended from their position without pay, said suspension must operate automatically, as soon as knowledge is had of the charge contained in the said order of formal prosecution and without requiring any formality, except that these actions are derived from service or that there are indications of legitimate self-defense, act of God or force majeure. In case of Final Condemnatory Sentence, the appropriate procedure is the termination of the Police Career through the cancellation of the Appointment Agreement without liability for the State, in accordance with what is established in article 116 of this regulation. Except that these actions are derived from service or that there are indications of legitimate self-defense, act of God or force majeure. A record of all of the foregoing must be made in the personnel file or history sheet. Non-compliance with this provision by the responsible official shall result in the administrative, civil and criminal liability that corresponds. Excluded from the suspension measure established in this article are cases arising from the legitimate exercise of his or her position in police service.

SUSPENSION BY DISCIPLINARY PROCEDURE. Suspension by disciplinary process is the administrative act through which a member of the Police Career is suspended from his or her functions due to a disciplinary process for Very Serious violations, for which he or she shall be assigned to the performance of tasks that do not interfere with the disciplinary investigation; or he or she is suspended from the position and functions, for the period and in the terms established in the Disciplinary Regulation. TITLE V FINAL PROVISIONS CHAPTER I MISCELLANEOUS PROVISIONS SECTION I UNIFORMS

UNIFORMS AND EQUIPMENT. The use of the uniform is mandatory for all members of the Police Career in an integral and dignified manner, with the corresponding distinctions according to their classification, category and rank. Uniform is understood to mean the clothing and the respective insignia that members of the police career must use for the performance of their functions, except for those units that by the nature of their work must use another type of clothing. The uniforms, weapons and regulatory equipment that members of the Police Career use or carry shall be provided free of charge by the Secretary of State in the Office of Security and their use is regulated in the respective Regulation. The initials, names, texture, colors and other characteristics specific to police uniform and equipment shall be for the exclusive and reserved use of members of the National Police, consequently, it is prohibited to authorize their use to private individuals.

OBLIGATION TO DELIVER WEAPON AND BADGE. In accordance with what is provided in numeral 26 of article 10 of THE LAW, members of the Police Career must deliver to the corresponding department their assigned regulation weapon and police badge, in the following situations:

• 1)

  When notified of a measure of suspension from position or active service;

• 2)

  For any type of Leave;

• 3)

  For any of the causes for termination or ending of the Police Career; and, 4. Others that are established by the General Directorate of the National Police. SECTION II DISCIPLINE

DISCIPLINARY PROCESS. The general rules of the disciplinary process set forth in Chapter I of Title V of THE ORGANIC LAW, as well as the disciplinary provisions contained in the Police Career Law and respective regulations, are mandatory and of general application to all members of the Police Career. Ignorance of said regulations shall not exempt from responsibility those who violate them.

DISCIPLINARY SYSTEM. The disciplinary system established in THE ORGANIC LAW and in the Police Career Law establishes the general rules and disciplinary procedures with the purpose of regulating, preventing, investigating and sanctioning the violations incurred by members of the police career; without prejudice to the criminal, civil or administrative liability that corresponds. Said rules are developed extensively in the Disciplinary Regulation of the Police Disciplinary Affairs Directorate (DIDADPOL).

PERSONNEL TRANSITION. The employees and officials of the National Police who, upon the entry into force of THE ORGANIC LAW and the Police Career Law, are under the Civil Service Law System, shall pass to the Special Police Career System prior to the corresponding evaluation process and trust certification, as well as to compliance with the other requirements established in THE LAW and this regulation; in which case they shall retain their seniority and must be trained by the Police Education System. Those who satisfactorily meet the legal requirements established may pass, if they wish, to the category of Auxiliary Officers according to the provisions established in THE LAW, this Regulation, corresponding manuals and instructive materials. THE SECRETARIAT shall take the necessary legal, administrative and financial measures, so that once the personnel formally pass to the Police Career system, they are protected by the special risk system (REE) of the Military Pension Institute (IPM), as appropriate. Those who do not wish to pass to the Police Career system may request their voluntary retirement with the right to recognition of the benefits established in the Civil Service Law, as well as those who voluntarily submitted to the evaluation process and trust certification and did not qualify, shall receive the same benefits.

COMMISSION. The General Director of the National Police shall appoint a Transition Commission for the verification and analysis of each case corresponding to the auxiliary and technical personnel in service at the National Police referred to in article 122 of THE LAW, who wish to pass to the Police Career System; which shall exercise the following powers:

• 1)

  Evaluate the personnel file, so that it complies with the requirements demanded for admission to the Police Career;

• 2)

  Ensure that they comply with the corresponding evaluation and certification process;

• 3)

  Supervise that said personnel receive the necessary training and instruction by the National Directorate of Police Education;

• 4)

  Analyze each case, so that the personnel receives a salary in accordance with the time of service or seniority and the corresponding category;

• 5)

  Guarantee the recognition of the rights of the personnel;

• 6)

  Make pertinent recommendations so that the General Directorate of THE POLICE, orders the pertinent administrative measures for each case; and, 7. Others that are established in the corresponding regulation or manual.

EFFECTIVE DATE. This Regulation shall come into force the day following its publication in the Official Gazette "La Gaceta". This Agreement shall have immediate execution and must be published in the Official Gazette "La Gaceta". PUBLISH. JULIAN PACHECO TINOCO SECRETARY OF STATE IN THE OFFICE OF SECURITY MANUEL DE JESUS LUNA GUTIERREZ GENERAL SECRETARY