General Regulations of the Police Career Law

PURPOSE. The present provisions have as their purpose to regulate the Law of the Police Career approved by Legislative Decree No. 69-2017, published in the Official Journal La Gaceta No. 34,463 of October 10, 2017; through which efficiency in the organization and administration of human resources of the National Police is sought, regulating matters related to entry, professional development, training, capacity building, 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 Secretary of State in the Office of Security and of the National Police and other applicable regulations.

POLICE CAREER REGIME. The Police Career Regime is the Integral System of Administration and Professionalization of personnel in service at the National Police who have entered said Institution complying with the legal conditions and formalities established; based on the principles of efficiency, equality, equity, legality, stability and permanence. In the Police Career regime, guidelines are established for the execution of personnel processes and actions such as selection and recruitment, entry, permanence, promotions and advancement in rank, assignment, evaluations, certifications, recognitions, decorations or incentives, attendance records, leaves and disabilities, vacations, licenses, separation, suspension, retirement, pension, re-entry, restructuring, dismissal, rights, duties, obligations, prohibitions, compensation for seniority and other actions that may be 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 equal opportunities; to elevate professionalization through training, capacity building, evaluation and continuous improvement of service; the efficiency and effectiveness in the provision of service; to promote management by results, the spirit of service and sense of institutional belonging; and must guarantee at all times compliance with the Constitution and the Laws of the Republic.

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

MEMBERS OF THE POLICE CAREER. As provided in article 5 of THE LAW, all active police service personnel in their different categories and ranks are considered members of the Police Career, who have obtained a degree in police studies from an accredited police training center in the country or from an accredited similar foreign training center and who, prior to compliance 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. Similarly, Auxiliary and Technical Personnel in service at the National Police are members of the Police Career, prior to 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, midshipmen and agents of police training centers, who are governed by the Special Regime established in the corresponding regulations and become part of the Police Career once they successfully meet the legal requirements established for their entry and have their respective Appointment Agreement.

APPOINTING AUTHORITY. For purposes of THE LAW and this regulation, the Secretary of State in the Office of Security or whomever it delegates through formal Delegation Agreement is designated as the appointing authority. The appointing authority has the faculty to appoint, hire, reassign, remove, cancel and dismiss personnel of the Institution, in accordance with due process.

PERSONNEL ACTIONS. Appointments, promotions to higher ranks in the scale, assignments, terminations, dismissals and other actions as determined shall be formally issued by means of Agreements signed by the Appointing Authority and registered in the respective registry.

DEFINITIONS. In addition to the definitions described in article 8 of THE LAW, for 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 personnel in active service according to their functional specialties, performance, merits, seniority and service needs.

• 2)

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

• 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 training centers.

• 4)

  Rank: Hierarchical level that is granted to National Police personnel, in accordance with the provisions of THE ORGANIC LAW and the Law of the Police Career.

• 5)

  Homologation: Term used to refer to the equivalence of ranks of personnel who move from one category to another or from one regime to another by reason of time of service provided to the Institution, in accordance with the provisions of THE LAW and this regulation.

• 6)

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

• 7)

  Command: Exercise of the authority that THE LAW and regulations grant to Officers and other Police Career personnel, over their subordinates, by reason of rank, 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 find themselves in their respective promotions for advancement 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 regularly, 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 functions assigned to them.

• 11)

  Respect: Elementary forms of courtesy for addressing superiors and authorities, as well as the reciprocal treatment that must be given among National Police personnel.

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

• 1)

  Address and change thereof if applicable; and must attach a sketch of its location;

• 2)

  Fixed and personal cellular telephone number;

• 3)

  Active personal email address;

• 4)

  Name, age and address of their dependents; and, 5. Fixed telephone number, cellular and address of spouse or failing that of their parents, siblings, adult children, or other close relative; and 6. Others that may be necessary to request. Any change of the information noted above must be notified to their Chief, who must ensure its communication and registry immediately to the Human Resources Department. Whoever administers said information is obligated to ensure its confidentiality. TITLE II POLICE SERVICE CAREER CHAPTER I SCALE AND STATUS OF POLICE CAREER PERSONNEL

SCALE OF POLICE CAREER MEMBERS. The Scale of Police Career members is the order and classification where the rank, name, level, status, time of service, seniority in rank and merit precedence in the corresponding rank is recorded.

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 Provisional Regime of Special Risks (RRE), of the Military Pension Institute (IPM).

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

• 1)

  Active Service Status: State in which all members of the Police Career who provide services regularly and without any legal restriction find themselves;

• 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. Retirement Status: State to which all members of the Police Career pass upon finalizing their career in regular form in accordance with what is stipulated in THE LAW and this regulation.

PERSONNEL IN ACTIVE SERVICE STATUS. It is considered personnel in active service status, the member of the Police Career who receives 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 the position.

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

RETIREMENT STATUS. In accordance with the provisions of Article 16 of THE LAW, 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 a corresponding Resolution or Agreement issued by the Secretary of State in the Office of Security. Retirement is a way to end 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 regarding 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) Director General; and, b) General Commissioner.

• 2)

  Senior Officers Category:

  • a)

    Police Commissioner;

  • b)

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

• 3)

  Subaltern Officers Category:

  • a)

    Police Sub-Chief Inspector;

  • 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 Office of Security shall request the corresponding Technical Opinion from the Police Strategic Board in accordance with the provisions of 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)

  Class Category;

• 6)

  Police Agent;

• 7)

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

SPECIALTIES. The National Police must have specialties in the areas required by the Police High 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 the periods of professional and technical training and development in coordination with the Directorate of Human Resources and the Directorate of Planning, Operational Procedures and Continuous Improvement; for which the Directorate of Human Resources 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 Honduran nationals who have graduated from 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 to the specialties described in Article 23 of this Regulation. Notwithstanding, 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 to Hondurans who have completed a university degree and are interested in entering the Police Career, and must comply with the legal requirements and conditions stipulated by the National Directorate of Police Education in the corresponding regulation or manual. Prior to compliance with the formalities and legal requirements established, Regular Officers may apply for the ranks of General Commissioner or Director General of the General Officers Category.

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

• 1)

  Community Prevention and Security;

• 2)

  Intelligence and Criminal Investigation;

• 3)

  Roads and Transportation;

• 4)

  Police Special Forces;

• 5)

  Telematics and Communications;

• 6)

  Police Air Service;

• 7)

  Police Maritime Service;

• 8)

  Border Service;

• 9)

  Anti-Narcotics Service;

• 10)

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

SERVICE OFFICERS. Service Officers are all Honduran nationals 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 duly accredited. Prior to compliance with the formalities and legal requirements established, Service Officers may only be promoted up to the rank of Commissioner of the Senior Officers category.

CONDITIONS. In accordance with the provisions of subsection 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 formal request to the General Director of the National Police and shall be authorized upon favorable Opinion from the Directorate of Human Resources;

• 2)

  University Professionals who, prior to compliance with the established requirements, completed a minimum period of twelve (12) months at the National Police Academy (ANAPO) or its equivalent abroad with prior validation of the curriculum by the National Directorate of Police Education; and, 3. Personnel in the Classes category or with Non-Commissioned Officer rank, with 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)

  Quartermaster;

• 2)

  Logistics (transport, weaponry, and equipment);

• 3)

  Police Legal;

• 4)

  Forensics;

• 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 to be established by Law or Regulation. SECTION V AUXILIARY OFFICERS

AUXILIARY OFFICERS. Auxiliary Officers are those who provide 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 Office 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 Senior Officers category, prior 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)

  Bachelor of Computer Science;

• 7)

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

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

• 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 organizational structure 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 the seniority established by law.

POLICE AGENT AND CLASS. The category of Police Agent and Police Class consists of members of the Police Career trained at the Police Technological Institute (ITP) or an equivalent foreign Police Training School legally accredited and who enter active duty status at 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) Police Technician III b) Police Technician II c) Police Technician II d) Police Technician

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

• 1)

  Community Prevention and Security;

• 2)

  Intelligence and Criminal Investigation;

• 3)

  Road Safety and Transportation;

• 4)

  Special Police Forces;

• 5)

  Telematics and Communications;

• 6)

  Logistics;

• 7)

  Anti-Narcotics;

• 8)

  Border Services; and, 9. Others that may be established by Law or Regulation. SECTION VII AUXILIARY AND TECHNICAL PERSONNEL OF THE NATIONAL POLICE

AUXILIARY AND TECHNICAL PERSONNEL. The Auxiliary and Technical Personnel of the National Police consists 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 accomplished 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 become part of the Police Career Personnel Regime as provided in THE LAW and this regulation shall acquire 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 the 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.

ENTRY TO THE CATEGORY OF AUXILIARY AND TECHNICAL PERSONNEL. For entry into the category of auxiliary and technical personnel, there must be a vacancy previously determined by the Human Resources Directorate; entry is voluntary and the interested party must meet 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 move to the classification of Auxiliary Officers from the rank of Subinspector to the rank of Commissioner upon prior compliance with the requirements established in the preceding article.

REQUIREMENTS. The requirements that Auxiliary and Technical Personnel wishing to move to the classification of Auxiliary Officers must meet are the following:

• 1)

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

• 2)

  Not older than thirty-five (35) years of age;

• 3)

  Meet the profile requirements established for Auxiliary Officers;

• 4)

  Pass the recruitment and selection processes established by the National Police Education Directorate for Auxiliary Officers; and, 5. Others that may be established in the regulation or corresponding manual. The change or reclassification of Auxiliary and Technical Personnel to the classification of Auxiliary Officer may occur from the rank of Subinspector 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 exceeding eleven (11) years may not make such change. The time of active service of personnel shall be computable for their reclassification and for purposes of seniority.

RECLASSIFICATION TABLE. The following reclassification table is established for Auxiliary and Technical Personnel wishing to move to the classification of Auxiliary Officers, who may be incorporated from the rank of Subinspector or Inspector, according to the time of service rendered to the Institution: TIME OF SERVICE CORRESPONDING RANK 6 to 8 years of service SUBINSPECTOR (AUXILIARY) 8 to 11 years of service INSPECTOR (AUXILIARY)

PROMOTIONS. For promotion to the next immediate rank of Auxiliary and Technical Personnel reclassified to the classification of Auxiliary Officers, they must comply with the required time in the rank, which is presented in the following table: RANK TO RANK OF TIME IN RANK SUBINSPECTOR INSPECTOR INSPECTOR SUBCOMMISSARY SUBCOMMISSARY COMMISSARY COMMISSARY SUBCOMMISSIONED SUBCOMMISSIONED COMMISSIONED COMMISSIONED RETIREMENT - Time of service shall not exceed thirty-five (35) years.

TEMPORARY PERSONNEL. For temporary activities the Director General of the National Police may request the incorporation of temporary personnel under the Contract modality, must justify the need for their hiring, which must be governed by the clauses of the respective Contract, therefore, such personnel are excluded from the Police Career Regime. CHAPTER III SELECTION AND APPOINTMENT OF THE DIRECTOR GENERAL OF THE NATIONAL POLICE

APPOINTMENT OF DIRECTOR AND SUBDIRECTOR GENERAL. For the appointment of the Director General and Subdirector of the National Police, the Secretary of State in the Ministry 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 Senior 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 the trust evaluation tests.

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

CESSATION FROM OFFICE. The Director General of THE POLICE, the Subdirector, 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, through Agreement, delegate to the Officer holding the position of Subdirector General, the institutional powers and attributions that legally proceed. TITLE III ADMINISTRATION OF THE POLICE CAREER CHAPTER I MANAGEMENT OF HUMAN RESOURCES

HUMAN RESOURCE MANAGEMENT. The efficient management of human resources is the responsibility of the Human Resources Directorate, which must establish the directives and guidelines necessary in order that the heads of each department ensure the order and efficient record of personnel actions of the 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, advancement, among others, promoting the optimal development of human resources.

ACTIVITIES OF HUMAN RESOURCE 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, the following:

• 1)

  Maintenance of Effective Personnel;

• 2)

  Personnel Administration;

• 3)

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

• 4)

  Strengthening of Operational Capacity;

• 5)

  Work Welfare and Social Security;

• 6)

  Discipline, Law, and Order;

• 7)

  Organization of Advancements; and, 8. Others that are 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 status of personnel, that is, in active service, suspended, retired, or reserve; in the terms indicated in article 33 of THE LAW.

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

• 1)

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

• 2)

  Attendance;

• 3)

  Service Status: active, suspension, or reserve;

• 4)

  Incapacities;

• 5)

  Advancements;

• 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 record of personal data in the police record or police personnel file. In such cases, the member of the Police Career who considers himself affected must submit a formal note addressed to his immediate superior, so that it may be forwarded to the Human Resources Directorate; in the same, he must clearly indicate his general information, the reason for his complaint, clarification, or disagreement, the justification or clarification of the data that should be included or corrected, and must attach proof if any exists. The Human Resources Directorate must resolve the petition within a period not exceeding thirty (30) business days, counted from the date of receipt of the request, and for its resolution it shall exhaustively verify the corresponding physical and electronic records, and must inform the results to the General Directorate of the National Police so that the General Director authorizes or disapproves the registration, correction, or recording of the information in the database, record, or personnel file of the personnel who requested it. CHAPTER II ENTRY INTO THE POLICE CAREER SECTION I GENERAL REQUIREMENTS FOR ENTRY

ENTRY. Entry into 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, also through Police Training Centers and similar foreign institutions. Aspiring candidates 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 REQUIREMENTS FOR ENTRY. In order to enter any of the National Police Training Centers, it is necessary that the aspiring candidate satisfactorily 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 tests, polygraph, psychometric tests;

• 7)

  Knowledge tests; and, 8. Police and criminal records of aspiring candidates. With regard to confidence tests, they shall be conducted by the Control Center of Confidence, in coordination with the National Directorate of Police Education and the Human Resources Directorate, in accordance with the respective legal provisions.

GENERAL REQUIREMENTS FOR FIRST ENTRY. In accordance with article 102 of the ORGANIC LAW, the general requirements for first entry to any of the Training Centers of the National Directorate of Police Education (DNEP), as a candidate in the different categories of the police hierarchical scale, are the following:

• 1)

  Be Honduran by birth;

• 2)

  Secondary education diploma registered with the Secretariat of State in the Department of Education, duly homologated when obtained from foreign centers;

• 3)

  Age between Eighteen (18) to Thirty-Five (35) years old at the date of entry;

• 4)

  Minimum height: men 1.65 meters and women 1.60 meters;

• 5)

  Surpass medical, dental, and psychophysical examinations of admission and general knowledge;

• 6)

  Pass all confidence evaluation tests of polygraph, toxicology, patrimonial, psychometric, and socioeconomic tests;

• 7)

  Have no active criminal or police records;

• 8)

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

• 9)

  Not have ceased in public or private office due to dismissal, due to disciplinary violations or crimes; and, 10. Other requirements established by THE LAW, this regulation, as well as those determined by the Police Training Center abroad through the respective regulation or manual. In accordance with what is established in article 102 of the ORGANIC LAW, for a better interpretation and application of the norm, the following concepts are defined: Police Training Center through the respective regulation or manual.

PSYCHOPHYSICAL FITNESS. To enter the Police Career, the aspiring candidate must be in perfect physical and mental conditions that allow him to exercise the police function with efficiency, quality, and discipline. These conditions shall be given by the following indicators of psychophysical profile:

• 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, 7. (sic)

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

AGE REQUIREMENTS. Aspiring Regular Officers, Service Officers, and Auxiliary Officers must comply with the general entry requirements described in article 54 of this Regulation. As to the age requirement provided in numeral 3, the maximum age permitted for each rank is the following: 1. Aspiring Regular Officers must be between 18 to 26 years old. 2. Aspiring Service Officers and Auxiliary Officers, the maximum age is 35 years; furthermore, they must have the Undergraduate diploma required for the position duly accredited or homologated, in case it was obtained from a Training Center abroad.

REQUIREMENTS FOR AGENTS. Aspiring 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 old; furthermore, they must provide evidence of the specializations, courses, or training required for their entry. SECTION II RECRUITMENT AND SELECTION

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

• 1)

  Convocation and Evaluation Stage: In which announcements and corresponding convocation are made through authorized national media for such purpose, and the period for registration, inscription, submission of requirements, and preliminary interview must be published. In this stage, an evaluation of requirements and interview must be conducted for the pre-selection of aspiring candidates;

• 2)

  Selection Stage: In which general knowledge examinations, background investigations, general and specialized medical examinations, physical and psychological testing, confidence evaluation tests, and others that may be required are organized and applied. In this stage, aspiring candidates who have satisfactorily met all evaluations and tests shall be selected;

• 3)

  Training Stage: In which aspiring candidates 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 Department of Security issues the respective Appointment Agreements for aspiring candidates who have satisfactorily surpassed all previous stages, for their swearing-in and entry into 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, with the purpose of having aspiring candidates available to participate in different police training courses.

CONVOCATION AND DISSEMINATION. The General Directorate of the National Police, through the Police Education Directorate, must disseminate the convocation for aspiring candidates to the Police Career during a period of thirty (30) business days in newspapers of national circulation, the Web page of the Secretariat of State in the Department of Security, of the National Police, and of the Police Training Centers, as well as in other authorized media; said convocation must contain the following information:

• 1)

  Entry requirements;

• 2)

  Place and schedule of registration; and, 3. Date of closing of registration. 4. Benefits.

EXTRAORDINARY CONVOCATIONS. Without prejudice to what is provided in the preceding article and when institutional needs warrant it, the call for exceptional convocations for obtaining special capacities not found within the approved training programs for the National Police, such extraordinary convocations may be made for the coverage of organic positions and/or hierarchical ranks, only when it is absolutely necessary and the Institution does not have the necessary police personnel complement for such coverage. SECTION III TRAINING AND CAPACITY BUILDING

COMPREHENSIVE TRAINING. Members of the Police Career who make up professional and technical organizational frameworks must receive the comprehensive training necessary for their performance and advancement in the Police Career, oriented toward 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 community approach, which shall be the responsibility of the National Police Education Directorate (DNEP).

PERMANENT TRAINING. Permanent training of the Honduras National Police personnel shall have as its objective the training, instruction, improvement and/or professional updating of personnel, based on the training cores established by the authorities of the National Police Education Directorate (DNEP). Such training may include courses, seminars, events and other non-mandatory activities that are authorized and/or endorsed by the National Police Education Directorate (DNEP). The latter shall promote and/or authorize the granting of scholarships intended for the participation of Honduras National Police personnel in courses, seminars, events and other training activities related to the specialty, organizational 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 body that is offered through 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 capacities, abilities and knowledge.

UPDATING OF PROGRAMS. 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.

REINSTATEMENT AND UPDATING. In order to be reinstated to the Honduras National Police, it shall only be through a Judicial resolution. The Human Resources Directorate shall coordinate with the National Police Education Directorate (DNEP), the implementation of the updating and retraining course for police personnel who are reinstated to the Institution, 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. SECTION IV SPECIAL REGIME FOR APPLICANTS

SPECIAL REGIME FOR APPLICANTS. Applicants to the police force 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 PRACTICE. Cadets, Midshipmen of the National Police Academy (ANAPO); applicants for 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 be done in the capacity of students, prior authorization from the General Director of the Honduras National Police. All personnel of the Police Career must comply reciprocally with the rules of hierarchy, discipline, subordination and respect toward Midshipmen personnel of the National Police Academy, applicants for 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 compliance with other legal requirements.

EVALUATION OF PRACTICE. It corresponds to the National Directors to supervise and evaluate the supervised practices in accordance with the standards and procedures established by the General Director of the Police, through the National Police Education Directorate. The National Directorates have the obligation to send to the Directorate of Planning, Operational Procedures and Continuous Improvement, the evaluations of applicants 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 applicants in order of priority, selecting those with the highest to lowest qualification score for their incorporation to the Institution through the respective Appointment Agreement and taking possession of the position, an act in which he must be informed about general and specific aspects related to the position, rights and obligations; furthermore, he shall receive a copy of his Appointment Agreement. The Human Resources Directorate shall ensure compliance with the provisions established in THE LAW and this regulation. SECTION V ASSIGNMENT OF POSITION AND POSTING

ASSIGNMENT. In accordance with numeral 12 of article 8 of THE LAW, Assignment is defined as the posting 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 posting 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 Honduras National Police, must be determined based on the needs of the service, order of merit, specialty, competence, experience and seniority in rank, in accordance with the profile of the position required in the respective regulation or manual. Through the Assignment Agreement, the 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 Honduras National Police or the Human Resources Directorate, as appropriate. In said Agreement, the position, its responsibilities and date of beginning in the functions must be determined, and the delivery must be made in legal and proper form through the respective deed, the person who delivers shall be responsible for all orders issued during his administration during a reasonable time.

CAUSES FOR ASSIGNMENT. Members of the Police Career may be assigned for the following causes:

• 1)

  Disposition of the General Director of the Honduras National Police;

• 2)

  Need of service;

• 3)

  Promotions;

• 4)

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

EVALUATION SYSTEM. In accordance with the provisions of article 48 of THE LAW, the evaluation has as its object to rate the members of the Honduras National Police in their different categories, specialized police occupation and requirements of the respective position, and must be conducted in accordance with the characteristics particular to the directorates or special units of assignment. Evaluations serve as a basis for promotion to the next immediate 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 an integral, 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: By means of which aspiring Police officers are evaluated and rated by the National Directorate of Police Education (DNEP), in conjunction with the Directorate of Planning, Operational Procedures and Continuous Improvement in accordance with the respective regulation or manual;

• 2)

  Ordinary Evaluation: Through which the performance and efficiency in the discharge 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 Directorate 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 Resolution orders the evaluation of personnel for reasons of control, certification, restructuring or other previously established matters. Within this class are found the Confidence Evaluations. The respective regulation or manual shall determine the procedures and tests that will be applied in each evaluation.

TESTS. As provided in Article 48 of THE LAW, the evaluations of members of the Police Career are conducted through the following tests:

• 1)

  Confidence Evaluation Tests: A 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 Sufficiency Tests: Tests applied with the objective of measuring physical competencies related to capacities of resistance, strength, speed, flexibility and 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 for the assessment and rating of the set of attitudes, conduct and performance of members of the Police Career;

• 4)

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

• 5)

  Knowledge Tests: Tests conducted to 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 determine if they possess 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, Operational Procedures and Continuous Improvement in coordination with the National Directorate of Human Resources, 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 Director General of the National Police to determine the assignment of position or duty station, 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 sufficiency test for the following reasons:

• 1)

  Personnel who are on Leave due to illness, pregnancy, accident or other health cause provided in the Law of the Honduran Social Security Institute (IHSS) and other social security laws, for 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. CHAPTER III PROMOTIONS SECTION I GENERAL PROVISIONS

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

CONDITIONS FOR PROMOTION. The following are special conditions to apply for the next immediate rank through promotion processes: 1. Not having disciplinary proceedings in course for Serious or Very Serious Infractions. 2. Not having been sanctioned in the immediate prior year, nor in the year in which the promotion in rank corresponds to them; With respect to the above items, it is excepted that such acts have been a product of the fulfillment of duty. 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 to be considered for promotion to the next immediate hierarchical rank, whoever having met the minimum conditions therefor, is in the process of retiring from the Institution; and, 6. Others that are legally established.

PROMOTION OF OFFICERS. Promotions in the categories of Officers shall be carried out as follows: 1. Regular Officers: Upon compliance with the legal requirements, they may be promoted from the rank of Subinspector to the rank of Director General; 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 rank may not exceed the maximum time of service legally established of thirty-five (35) years. 2. Service Officers: Promotion shall be carried out 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 carried out 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 rank for promotion to the next immediate 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 service legally established; but in the same manner they shall have the right to complete their aforementioned years of service in advisory assignments or similar that the Director General determines, in order to achieve the totality of their retirement benefits.

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 Director General 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 who make up the Promotion Evaluation Bodies must be of higher rank than those evaluated. SECTION II EXTRAORDINARY PROMOTIONS

EXTRAORDINARY PROMOTION. The Secretary of State in the Office of Security may order extraordinary promotions. Extraordinary promotion is the advancement to the next immediate hierarchical rank without the need for compliance with the requirements provided in the Law and this Regulation, solely in the following cases: 1. For members approaching 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 total incapacity as a consequence of an act of service.

EXTRAORDINARY PROMOTION BY MERIT. Extraordinary Promotion by Merit shall be granted to members of the Police Career who accredit exceptional qualities of valor, sacrifice and self-denial in the fulfillment of duty that transcend for the benefit of society, and shall have the right to recognition of their meritorious performance in the manner and conditions established in the respective Promotion Regulation and Manual.

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

LIST OF CANDIDATES. It is the responsibility of the Director General of the National Police in session of the Police Strategic Board to evaluate the situation of members of the Police Career who merit being promoted to the next immediate 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. CHAPTER IV SHIFTS, ATTENDANCE, PERMITS, VACATIONS, LEAVES

SHIFTS OF POLICE SERVICE. Police service must be provided in the modality of shifts subject to availability, the demands of service and taking into account the health and welfare conditions of the member of the Police Career.

WORKING HOURS FOR AUXILIARY AND TECHNICAL PERSONNEL. The working hours 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 change or extension of schedule due to service needs as determined by the General Directorate, without this implying additional payment for overtime hours. The immediate supervisor may exceptionally authorize extraordinary work in cases of service necessity, which shall not be entitled to receive any kind of compensation, except for compensations expressly authorized.

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

PERMITS. The immediate supervisor of the member of the Police Career shall grant and authorize permits to be absent from their duties for a period of up to two (2) consecutive days with full 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 advance notice or exceptionally in cases of urgency, it shall be done immediately; the same must be authorized by the immediate supervisor leaving the respective record. No more than one (1) permit of two (2) days in a month shall be granted, nor can 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 disciplinary actions that may apply.

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

• 1)

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

• 2)

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

• 3)

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

• 4)

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

• 5)

  Twenty-six (26) working days after the fifth year of service; and, 6. Thirty (30) working 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, informing the General Directorate of the National Police, once the fulfillment of the following conditions is ensured:

• 1)

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

• 2)

  The member of the Police Career must request in writing their vacation period with fifteen (15) working days advance notice before the date that corresponds to them;

• 3)

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

• 4)

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

• 5)

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

• 6)

  Paid leaves, temporary disabilities accredited in accordance with social security norms, or other actions that do not interrupt the service relationship shall not affect seniority for the purposes of calculating the vacation period that corresponds; and, 7. Others that are established in the corresponding Regulation.

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

PAID LICENSE. Members of the Police Career shall have the right to enjoy paid license when any of the following causes is proven:

• 1)

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

• 2)

  For bereavement, in case of death of parents, children, siblings, spouse or household companion, five (5) working days of license shall be granted: however, if the deceased had resided in a place different from the personal domicile, up to nine (9) working days may be granted, taking into account the distance and other circumstances that may occur;

• 3)

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

• 4)

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

• 5)

  For serious illness of their parents, children, siblings, spouses or their household companion, prior accreditation of the cause by means of medical certification and evidence that their assistance would be essential, in this case, license 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 similar causes, when the member of the police career or their relatives within the fourth degree of consanguinity or second degree of affinity are affected in their persons or in their property and this requires their attention or immediate assistance, license must be granted for the strictly necessary time, requiring a favorable opinion from the Human Resources Directorate;

• 7)

  For study scholarships within or outside the country or for training or specialization programs that have direct relationship with the nature of the functions inherent to the position; being granted for the duration of the scholarship. For which a prior agreement must be signed where the scholarship recipient commits to render service in the Institution for double the time that their training lasted, or otherwise to reimburse the State double the sum of money that the State invested in expenses; and, 8. Others that are established in the corresponding Regulation.

AUTHORIZATION OF PAID LICENSE. When the Paid License 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 license exceeds thirty (30) days, it shall be authorized by the Secretary of State in the Office 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 of the Human Resources Directorate. It is the responsibility of the Human Resources Directorate to maintain the respective records and controls.

UNPAID LICENSE. Members of the Police Career shall have the right to enjoy unpaid license for a maximum period of one (1) year, renewable in cases duly accredited and of institutional benefit, following the request of the interested party authorized by the Secretary of State in the Office 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 of 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 travels, convalescence or medical treatment of the member of the police career or of a family member, or for the resolution of family-related problems. b) For reasons of studies in education centers different from the Institution's training centers or similar foreign centers. The request for unpaid license must be accompanied by the documents that prove any of the justification causes mentioned before and must be presented with a minimum advance notice of sixty (60) days.

SPECIAL LICENSE FOR MATERNITY AND BREASTFEEDING. The female personnel of the Police Career enjoy Special License for Maternity and Breastfeeding, which must consist of the pre- and post-natal 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 for their health or that of their infant. To the father of a family who is a member of the Police Career, a permit not exceeding nine (9) calendar days must be granted for the birth of his child.

SPECIAL PERMIT. The member of the Police Career who during permits, vacation period or license, has to 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, LICENSES AND VACATION. In situations of emergency due to public calamity, war, internal turmoil, natural or anthropogenic disasters, the Secretary of State in the Office of Security, following Executive Agreement, may suspend permits, licenses and/or vacation, excepting the cases for 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 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 Security System d) Medical-Hospital Care

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

COMPENSATION FOR WORK SENIORITY. It is the benefit that every member of the police career attached to the pre-existing benefit structures and structure of the Institute of Pensions and Retirements of Employees and Officials of the Executive Branch (INJUPEMP) of the Special Risk System (RRE) shall receive, after completing and concluding their years of active service in the police institution or by voluntary retirement; which shall be equivalent to one month of 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. Said compensation shall be received only by members of the police institution who are in active service and to whom no individual labor reserve account is established in the Military Pension Institute. TITLE IV FORMS OF FINALIZATION, TERMINATION, SUSPENSION AND REINSTATEMENT OF THE POLICE CAREER CHAPTER I FINALIZATION OF THE POLICE CAREER

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

• 1)

  Voluntary retirement duly authorized;

• 2)

  Disability pension;

• 3)

  Retirement;

• 4)

  Having completed years of service;

• 5)

  Technical administrative budgetary restructuring; and,

• 6)

  Death. When the Police Career is terminated 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 termination of 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 of ten (10) years of continuous service; Non-Commissioned Officers, Ranks, and Police Agents must have completed twice the time that the State invested in their training. In the event of non-compliance with this provision, it must be referred to the Administrative and Financial Department of the Police so that the cost computation that must be repaid on account of their training is calculated. Non-compliance with the above will give rise to the civil lawsuit that corresponds in law, in order that the State be reimbursed for the expenses incurred in their training.

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

RETIREMENT. Retirement is the administrative act by which the member of the Police Career passes to an inactive or non-active status, withdrawing upon having reached the maximum age for service or having completed years of service in accordance with what is provided in the ORGANIC LAW, Police Career Law, 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 an inactive or non-active status, without having reached the mandatory age required to process their retirement.

TECHNICAL ADMINISTRATIVE BUDGETARY RESTRUCTURING. Restructuring is a cause of a technical, administrative, legal, and budgetary nature, 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 Police High Command, having as consequences either the termination of members of the police career, changes in the police hierarchy, positions or offices, in order to generate greater efficiency in the provision of citizen security services.

DEATH. Actual or presumed death terminates the police career; it must be evidenced by certification of the Death Certificate that certifies the death, or by the corresponding Judgment that declares presumed death. If death occurred in acts of service, posthumous recognition shall be carried out in accordance with the regulation of Funeral Honors.

RESERVE LISTS. As provided in Article 58 of THE LAW, members of the police career in retirement status must automatically become part of the Reserve Lists of the National Police and must remain available to address 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 to the State, in the following cases:

• 1)

  Final Convicting Sentence of competent Court;

• 2)

  Dismissal in accordance with Law;

• 3)

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

FINAL CONVICTING SENTENCE OF COMPETENT COURT. The Police Career shall be terminated for personnel to whom a Final Convicting Sentence is imposed. For which the National Human Resources Department must accredit said situation through 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.

DISMISSAL CAUSES. In view of what is provided in Article 59 of THE LAW, dismissal of members of the Police Career only proceeds when it is protected by one of the causes established in the ORGANIC LAW, Police Career Law, regulations, manuals and corresponding instructions. Dismissal must be effective as of the date of its notification. Being the National Police an entity regulated by a special Law of Constitutional rank, only the payment of indemnification should proceed to the member of the Police Career to whom his appointment Agreement has been canceled by dismissal qualified by the competent Judicial Authority as unjustified.

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

LACK OF MERITS OR DEFICIENT RATING. The cancellation of appointment agreement shall proceed for termination of the Police Career of personnel who have been subjected to any evaluation process described in THE LAW and this regulation, resulting in a deficient rating or fails to pass two (2) consecutive evaluations, in accordance with the evaluation scale previously established in the corresponding regulation or manual. CHAPTER III SUSPENSION OF MEMBERS OF THE POLICE CAREER

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

PROHIBITIONS DUE TO SUSPENSION. Suspension under the terms of Article 61 of THE LAW and Article 117 of the ORGANIC LAW, applicable to personnel, carries the following prohibitions:

• 1)

  Prohibition to exercise the functions and authority conferred by their office;

• 2)

  Prohibition to hold any position within the Institution;

• 3)

  Perform functions or paid employment in public entities while such measure is in effect;

• 4)

  Prohibition to direct, plan, or participate in operations, use the uniform, insignia, equipment, and armament of the National Police; and, 5. Others that are legally established. Non-compliance with these provisions constitutes a Very Serious offense, which must be communicated to the competent body so that the respective disciplinary proceeding is initiated.

SUSPENSION BY FORMAL CHARGE ORDER. In accordance with article 61 of THE LAW, when a member of the Police Career has been issued a Formal Charge Order for a willful offense, they shall be immediately suspended from their position without salary, said suspension must operate automatically, as soon as knowledge is obtained of the imputation of said formal charge order and does not require any formality, except that these actions are derived from service or there are indications of legitimate self-defense, act of God, or force majeure. In case of a Final Convicting Sentence, the appropriate course of action 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 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 record sheet. Non-compliance with this provision by the responsible official shall result in the corresponding administrative, civil, and penal liability. Excluded from the suspension measure established in this article are cases derived from the legitimate exercise of their position in the 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 their functions due to a disciplinary process for Very Serious Infractions, for which they shall be assigned the performance of tasks that do not interfere with the disciplinary investigation; or they are suspended from their position and functions, for the period and under the terms established in the Disciplinary Regulation. TITLE V FINAL PROVISIONS CHAPTER I MISCELLANEOUS PROVISIONS SECTION I UNIFORMS

UNIFORMS AND EQUIPMENT. The use of uniform is mandatory for all members of the Police Career in a complete and dignified manner, with the corresponding distinctions according to their classification, category, and rank. Uniform is understood as the clothing and 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 regulation equipment used or carried by members of the Police Career shall be provided free of charge by the Secretariat of State in the Office of Security and their use is regulated in the respective Regulation. The acronyms, names, texture, colors, and other characteristics of the police uniform and equipment shall be for exclusive and reserved use by 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 subsection 26 of article 10 of THE LAW, members of the Police Career must deliver to the corresponding unit their assigned regulation weapon and police badge in the following situations:

• 1)

  Upon being notified of a measure of suspension from position or active service;

• 2)

  For any type of Leave;

• 3)

  For any of the causes of conclusion or termination 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 norms of the disciplinary process provided in Chapter I, Title V of the ORGANIC LAW, as well as the disciplinary provisions contained in the Law of the Police Career and respective regulations, are mandatory and of general application to all members of the Police Career. Ignorance of said norms shall not exempt from liability those who infringe them.

DISCIPLINARY REGIME. The disciplinary regime provided in the ORGANIC LAW and in the Law of the Police Career establishes the norms and general disciplinary procedures with the purpose of regulating, preventing, investigating, and sanctioning infractions committed by members of the police career; without prejudice to the penal, civil, or administrative liability that corresponds. Said norms are developed extensively in the Disciplinary Regulation of the Directorate of Police Disciplinary Affairs (DIDADPOL). CHAPTER II TRANSITORY PROVISIONS.

TRANSITION OF PERSONNEL. Employees and officials of the National Police who, upon entry into force of the ORGANIC LAW and the Law of the Police Career, are under the Civil Service Law Regime, shall transition to the Special Police Career Regime prior to the evaluation process and corresponding confidence certification, as well as 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 do not wish to transition to the Police Career regime may request their voluntary retirement with the right to recognition of the benefits set forth in the Civil Service Law, as well as those who voluntarily submitted to the evaluation and confidence certification process and did not qualify, shall receive the same benefits. THE SECRETARIAT shall take the necessary legal, administrative, and financial measures, so that once the personnel formally transition to the Police Career regime, they are protected by the special risk regime (REE) of the Military Pension Institute (IPM), as corresponds.

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

• 1)

  Evaluate the personnel file, in order for them to meet the requirements required for entry into 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 capacity from the National Directorate of Police Education;

• 4)

  Analyze each case, in order for the personnel to receive a salary commensurate with their time of service or seniority and the corresponding category;

• 5)

  Guarantee the recognition of personnel rights;

• 6)

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

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