Agreement 1379-2019
- Decree: 18-2017
- Published: September 9, 2019
- Gazette: 35,044
- Category: Administrative
Summary
This agreement establishes a regulation that allows evaluating and certifying the performance of police officers in Honduras based on objective criteria of competence, conduct, and ethics. If an officer receives a deficient rating, they can be directly dismissed without liability to the State. The National Police Board directs the process.
Considerations
Whereas Article 293, as amended, of the Constitution of the Republic establishes: The National Police must be governed by special legislation and it is necessary to enact Provisions to organize it and put it into operation, and it must be governed based on the principles of legality, continuity, professionalism, hierarchy, discipline, political party neutrality, equality, solidarity, ethics, impartiality, and equity.
Whereas by means of Legislative Decrees 18-2017 and 69-2017 published in the Official Gazette "La Gaceta" on October 10, 2017, the Organic Law of the Secretariat of State in the Office of Security and the National Police of Honduras were approved; and the Law of the Police Career, both laws in force since January 21, 2018.
Whereas the Organic Law of the Secretariat of State in the Office of Security and the National Police of Honduras, in Article 47, numeral 10), establishes that the General Director of the National Police has as principal attributions the following: "Propose to the Secretary of State in the Office of Security, the pertinent recommendations for the proper functioning of the institution and greater effectiveness in plans, programs, projects, security strategies and those agreed upon in the Strategic Police Board that he deems opportune."
Whereas Article 55 of the Organic Law of the Secretariat of State in the Office of Security and the National Police of Honduras, empowers the Strategic Police Board to lead the process of Merit Qualification and Certification of members of the Police Career, which shall be carried out in accordance with this Regulation.
Whereas Article 56 of the Organic Law of the Secretariat of State in the Office of Security and the National Police of Honduras, establishes the Composition of the Strategic Police Board. The Strategic Police Board is subordinate to the General Directorate of the National Police and for the performance of its functions is composed of the General Director, Deputy General Director, Inspector General, and the heads of the following directorates: 1) Directorate of Planning, Operational Procedures and Continuous Improvement; 2) Directorate of Police Intelligence (DIPOL); 3) Directorate of Human Resources; 4) Directorate of Logistics; and, 5) Directorate of Inter-institutional and Community Affairs...
Whereas the Organic Law of the Secretariat of State in the Office of Security and the National Police of Honduras, in Article 57, numeral 3), establishes that the Strategic Police Board has the following functions: "Propose the creation and amendment of regulations, manuals, guides, and instructions on matters of security, police procedures and administrative procedures." WHEREAS: Article 55 of the Law of the Police Career provides: "MERIT QUALIFICATION OF MEMBERS OF THE POLICE CAREER. Merit qualification of police officers is the mechanism that allows determining the capacity, ability, attitude, competence, performance, willingness to serve, conduct, and ethics that every member of the Police Career must possess, for the exercise of an assignment or in the fulfillment of their duties. Merit qualification requires that the member of the Police Career be sufficiently trained to dedicate all efforts to the fulfillment of their functions or assignments entrusted to them, and must at all times observe ethical conduct, repudiate and report acts of corruption. The Strategic Police Board must lead the process of merit qualification and certification of members of the Police Career. The lack of merits or deficient qualification determined by means of previously established weighting elements constitutes grounds for direct dismissal of the member of the Police Career, without liability to the State. The merit qualification process, as well as the weighting elements, must be duly regulated."
Whereas the permanence of members of the Police Career is conditioned upon the fulfillment of the requirements determined by the Organic Law of the Secretariat of State in the Office of Security and the National Police and the Law of the Police Career.
Articles
The objective of this regulation is to establish the parameters of the process to be followed for the qualification of merit certification of members of the Police Career, in accordance with the provisions established in article 55 of the Organic Law of the State Secretary in the Office of Security and the National Police of Honduras; article 55 numeral 4) of the Police Career Law, due to Lack of Merits or Deficient Qualification.
This regulation has as its scope to regulate the provisions and manner in which the instrument for qualification of merit certification will be applied to determine the capacity, ability, aptitude, competence, performance, service disposition, conduct and ethics that every member of the police career must possess for the exercise of an assignment or in the fulfillment of their functions, within or outside the institution for their continuity or termination of the Police Career.
The Evaluation Process must be objective, impartial and supported by elements of weighting previously established through real facts and statistical data that validate and support the Qualification of Merit Certification.
The lack of merits or deficient qualification determined through the elements of weighting previously established is a constitutive cause of the direct dismissal of the member of the Police Career, without liability for the State; however, the evaluation shall be taken into account during all their years of service in the Police Institution and shall have no statute of limitations whatsoever.
The Police Strategic Directory shall lead the process of qualification of merit certification of members of the Police Career, of all those special cases that are necessary and appropriate to know in order to expedite and provide a timely response to the cases submitted for evaluation, through a report sent by the Director General. CHAPTER II QUALIFICATION OF MERIT CERTIFICATION
The Strategic Directory shall initiate the process once it receives the report from the competent authority of the Secretary of Security and the National Police, which shall serve as support in the procedure that will be initiated for the qualification of merit certification of any member of the Police Career, verifying their curriculum vitae and other documents.
The Qualification of Merit Certification that the Strategic Directory conducts on members of the Police Career shall be recorded in writing, in accordance with the established formalities, in an objective and impartial manner, without the intervention of personal and professional prejudices.
After the case has been analyzed and the evaluation results in a deficiency, the Strategic Directory shall have up to 30 business days to issue the corresponding technical opinion. Recommending the termination of the Police Career, of the members of the Institution subjected to the process of qualification of merit certification, the result of the evaluation shall be sent with the cancellation proposal through the Director General to the Secretary of State in the Office of Security for the corresponding procedure. CHAPTER III FIELD OF APPLICATION
This regulation is applicable to all members of the police career in the categories of officers, sub-officers, classes, police agents, technicians and auxiliaries active according to article 19 of the Police Career Law. The category of cadets from Police Training Centers is excepted, as they are subject to a special regime. CHAPTER IV CRITERIA FOR QUALIFICATION OF MERIT CERTIFICATION
The evaluation criteria shall be based on personal and professional aspects, which shall be established numerically from 1 to 20, with a maximum value of five (5) percent in each criterion, to make a total of one hundred (100) percent, by each member of the Strategic Directory which shall be averaged to obtain the final qualification of the member of the Police Career who will be evaluated, according to the following percentages: a. Efficient Qualification b. Deficient Qualification
Regarding the Responsibilities of Evaluators a) Evaluators shall be directly responsible for the qualifications they make b) They shall make qualifications in duplicate c) The original form shall be completed in handwriting by the evaluators. d) Prepare the technical opinion on the qualification of merit certification, attaching the results and supporting documents. e) Send a copy of the qualifications to the Department of Human Resources of the National Police, so that it may be added to the curriculum vitae.
In the absence of a member of the Strategic Directory due to an act of God or force majeure and in the event that they are subjected to evaluation, the Sub-director of each Nominated Department shall assume the responsibilities delegated in this regulation. FINAL PROVISIONS
This regulation may be reformed at any time, applying the procedural regulations used for its approval.
The instrument entitled, Instrument for the Qualification of Merit Certification of members of the Police Career, shall be an integral part of this Regulation.
This Regulation shall enter into force from the day of its publication in the Official Gazette "La Gaceta". PUBLISH AND COMPLY. JULIÁN PACHECO TINOCO Secretary of State in the Office of Security MANUEL DE JESÚS LUNA GUTIÉRREZ General Secretary
Related laws
- Qualification Rating Regulation for Merit Certification of Members of the Police Career — This regulation establishes the process to evaluate whether Honduran police officers deserve to continue in their positions. The Police Strategic Board reviews each officer's performance, conduct, and adherence to institutional principles using tests and documents. If someone receives a poor rating, they have the right to a hearing to present their defense before being dismissed.
- Agreement Number 1379-2019 by which the Regulation on Qualification and Certification of Merits of Members of the Police Career is approved — This law establishes regulations that allow the National Police to evaluate and certify the merits of its members based on criteria such as capacity, conduct, and performance. If a police officer receives a poor rating, they can be directly dismissed without compensation to the State.
- Acuerdo No. 1379-2019 — Reglamento de Calificación de Certificación de Méritos de los Miembros de la Carrera Policial (Decree 1379-2019, 2019)
- Acuerdo Ministerial No. 1145-2024 — Reglamento de Calificación para la Certificación de Méritos de los Miembros de la Carrera Policial (Decree 1145-2024, 2024)
- Acuerdo Ministerial No. 1720-2021 — Reglamento de Calificación de Méritos y Certificación para Establecer la Idoneidad de los Miembros de la Carrera Policial (Decree 1720-2021, 2021)