Understanding Cessation of Functions and Rights of Public Officials
Cessation of Functions
A. Cessation of Functions
- Acceptance of Resignation: Resignation must be in writing and takes effect from the date the accepting order or resolution is fully processed. It can only be held when officials are subject to a summary process stemming from a serious history suggesting they may be dismissed. Even in this case, it cannot be held for more than 30 days after its submission. Note that exclusive reliance on charges of removal is by request of resignation, either by the President of the Republic or the appointing authority. If the official does not resign within 48 hours, the office becomes vacant.
- Obtaining Lifetime Retirement Pension or Septum in Relation to the Respective Office: Retirement is the cessation of functions on the day, according to relevant standards, on which the respective board should begin to be received.
- Dismissal: This can be set up and implemented as a sanction in a summary process, as described in Schedule 4, or for two consecutive terms in Schedule 3.
- Declaration of Vacancy:
- Unrecoverable health or health inconsistent with the performance of the office.
- Supervening loss of any of the causes of income.
- Non-submission of resignation within 48 hours since the office has been requested, if they are officials of exclusive reliance.
- Failing grade (List 4 or 2 years in a row in List 3).
- For the purpose of extended leave, the paramount chief of the institution has the authority to consider health as incompatible with the charge of having taken leave in a continuous or discontinuous period of 6 months in the past 2 years without a declaration of unrecoverable health.
- Suspension of Employment: Compensation is awarded to exceptional public servants with 6 months’ salary.
- Termination of the Period for Which Leave Has Been Designated: In the case of employee contracts.
- Death
Prescribing Rights of Officials
B. Prescribing Rights of Officials
This consists of the extinction, over time, of the ability to enforce a right to bring an action. The general rule is that the rights established for regulatory officials in the statute expire after 2 years from the date they became due.
In terms of claims, if there is any legal defect that affected the rights of the officials concerned, they must complain to the Comptroller within 10 working days of becoming aware of the decision. In the case of benefits, wages, allowances, and travel expenses (viaticos), the period is 60 days.
Senior Public Management
I. Senior Public Management (Art. 35-66 / Law 19,882 of June 23, 2003)
It applies to all officials of the sole trust of the competent authority in positions of leadership in the direction of bodies or utilities or organizational units, and which are predominantly based on the implementation of public policies and the direct provision of services to the community.
According to Article 36, it applies to the services governed by Title II of Law 18,575, except for those with the same standard:
- President of the Republic
- Electoral Service
- School Site Council
- State Defense Council
- SII (Internal Revenue Service)
- Superintendency of Banks
All senior management positions correspond to public service superiors and the second hierarchical level of the respective service.