Disciplinary Procedures and Sanctions in Public Administration
Official Notifications: Procedures and Requirements
This section outlines the general rules and procedures for official notifications, which are forms used to disclose the contents of a resolution to either party. There are two primary methods for notification:
- Personally: Direct delivery to the individual.
- By Registered Letter: This method applies when an individual cannot be found after being sought at their workplace on two different days. In such cases, the search efforts must be recorded, and the registered letter dispatched from the relevant office (this record is made by the actuary).
A notification by registered letter is considered effective on the third working day after the letter was dispatched. For this notification to be valid, any person involved in a summary proceeding must record their home address in their first statement for subsequent notification.
If the person fails to provide a home address, the notification shall be made at their workplace or at any address they have registered with the institution.
Sanctions and Appeals Process
Sanctions are always applied under a resolution issued by the institution’s superior officer and must be notified to the accused. Once notified, the defendant may appeal against the decision within a specified period.
After the appeal is resolved, the resolution of the appeal must also be notified. A final decision is then made, applying the penalty, which is subsequently forwarded to the Comptroller General of the Republic. Thus, if a summary proceeding results in a decision to apply a sanction, this sanction only takes effect once it has been approved by the Comptroller, a fact which is then notified to the official.
Resolutions that conclude a summary proceeding with a dismissal or an acquittal produce their effects once they have been notified, without requiring approval by the Comptroller. Therefore, they are exempt from being reported to the Comptroller.
Outcomes of Summary Proceedings
- Dismissal: The record is closed when the investigation is completed, and no charges are brought against the individual.
- Absolution: An official has charges against them but successfully defends themselves and is acquitted of the accusations. This implies that both charges and defenses were considered.
Types of Disciplinary Sanctions
Disciplinary measures should be applied taking into account the seriousness of the offense and its mitigating and aggravating circumstances. Penalties can only be applied following a summary proceeding.
1. Censorship
Censorship is a written reprimand issued to the official, which must be recorded in their personnel file. This results in a two-point demerit in the corresponding rating factor.
2. Fine
A fine is the deduction of a percentage of the monthly salary, which cannot be less than 5% or more than 20%. It is applied only once. This must be recorded in the personnel file as a demerit. The demerit points assigned are as follows:
- 5% to 10% fine: Two demerit points in the corresponding factor.
- 11% to 15% fine: Three demerit points.
- 16% to 20% fine: Four demerit points.
3. Suspension
Suspension is the temporary deprivation of employment, with the individual receiving 50% to 70% of their pay but without the rights and privileges inherent to the position. The suspension period ranges from one to three months. In this case, it is recorded in the personnel file as a six-point demerit.
4. Removal
Removal is a decision by the appointing authority to terminate an individual’s employment. This measure is applied only when the violation seriously infringes upon the principle of probity and includes the following:
- Absence from the institution for more than three consecutive days.
- Violating the provisions of letters I, J, and K of Article 84 of the statute.
- Conviction for a crime or misdemeanor.
- Other cases referred to in the statute or by special laws.
- Unjustified absence or delay.