The Public Servants are the persons appointed temporarily or permanently in positions of the Executive, Legislative and Judicial Organ, of the Municipalities, autonomous or semi-autonomous entities and in general, those who receive remuneration from the State.
At present, the Administrative Career is the result of a systemic approach used in government spheres, and has two basic characteristics: Merit and Stability.
The system tends to improve the performance of public servants in view of the basic principles of personnel administration manifested in the National Constitution, insofar as it is interpreted that the Public Servant, in his capacity as person appointed temporarily or permanently in positions, will be governed by the merit system and the stability in their positions will be conditional on their competence, loyalty and morality in the service. This is stated in the second paragraph of article 300 of the National Constitution.
The requirements for a merit and career system require legal instrumentation consistent with the needs of human resources capable enough to assume responsibilities. As well, knowledge productivity must prevail, since this equates to its human potential in performance.
To start the administrative career system is of merit and stability, according to the results of a set of acquisitions of natural reasons of understanding and wisdom as a professional where the answer is obtained through the university academic index.
The existence of the Faculty of Public Administration dates from the University of Panama since 1941, to date, 68 years have passed creating professionals titled as Public Administrators.
However, in 1955 with the President of the Republic, Ricardo (Dicky) A. Arias Espinosa took the first intention of legal provisions such as the Law for Public Employees. Today, with Law 9 of 1994 and its corresponding regulations, likewise Law 24 of 2007 that modifies Law 9 - 94 and several articles of the regulation, clientelism is still not separated from public administrative technique.
The terms used in Laws 9 - 94 and 24 - 2007 and their regulations must be understood in light of article No. 2 where the concepts are defined. Especially what is competence in which the public servant must have a continuous demonstration of possessing the required aptitude as a rule of correct human understanding to exercise the position contained in the Job Descriptive Manual that is currently called the Institutional Occupation Manual and that previously, it was the Job Classification Manual (SICLAR system). Consequently of other elements that value the Public Servant, such as:
- study of general training; merits; individual performances; job performance.
The regulations of the National Constitution use the term - merit as a requirement. That is, if it is not suitable or professional, it immediately disqualifies the participant. In addition, the concept - stability is used. But it is that stability is conditioned to their Competence, Loyalty and Morality in the service.
Because the application of the norm introduces the system of propositions of must be, in three different moments:
- The creation of the norm that favors the principles, objectives and indeterminate legal concepts The creation of rights in the event of a gap (spirit of the Law) The precise or textual interpretation, which guides the concrete application of the right to the respective purpose of the rule.
Given that the positive constitutional criterion defines Administrative Law as the "branch of law that governs the governmental and administrative action of the legal power" that must be the domain of every Public Administrator.
To determine their Competence it is necessary to have knowledge, which originates from understanding, the natural reason for their general training studies, to achieve their professionalism and suitability. In short, the professional and / or technical capacity that fundamentally implies the performance potential is being valued. The suitability to illuminate the process must be understood as technical, legal, and moral aptitude as access to the exercise of public function.
Likewise, Loyalty, which means love for the Homeland, its symbols and institutions, as well as respect for the Political Constitution of the Republic, and the Laws that emanate from it, where there must be a commitment to serve society., to citizens who contribute to pay the salaries of public servants.
Morality is the product of human being and culture, in which the personality that is expressed in human conduct or behavior arises. From there it takes us to the principles that govern culture through the values correlated by the system of generally accepted patterns in an organization, a community, a Nation.
The public servant must act with full knowledge in the exercise of the public function inspired by Transparency, Respect, Probity, Justice, which are some of the general principles of the code of ethics for public servants who work in government entities. Thus, it is established by Executive Decree No. 246 of December 16, 2004 (GO 25,199) - By which the Uniform Code of Ethics of Public Servants who work in Central Government entities is issued.
General Training Study is one where the learning actions acquire a set of knowledge through the teaching centers.
Merit. The merit system is the natural reason for its action and effect through your understanding and intelligence, which provides you with a technical-legal device for your tasks. It should be understood as professionalism as a minimum requirement that a person must have to occupy the position.
The realization can be analyzed through its individual execution, such as: Presentations or Conferences, and the Authorship of Publications (newspapers, magazines, brochures, monographs, essays, books and others). As a frame of reference is Resolution No. 065 - 04 of May 19, 2004 - "By means of which the evaluation criteria for contests are developed" of the Administration Attorney's Office (OG 25,191 / December 7, 2004).
Likewise, in Law No. 38 of July 31, 2000 (OG 24,109 of August 2, 2000) in Article 26 the principles are mentioned as foundations of the human resource system. Law 38 - 2000 adopts as a single article the Organic Statute of the Procurator for the Administration and the General Administrative Procedure and other provisions. Since the Institution serves as legal advice to administrative public servants and others, because the new trend of public administration has to be separated from the political spoils. Concepts should not be used to consciously create spaces to put expressions such as "special income" because this shelters the incompetent, and departs from what is indicated in Article 300 of the National Constitution.Complicity becomes more serious when it is inserted into the legal provisions, the "exceptional" concept because partisan political sympathy is exposed. Read modified article 67 of Law 9 - 94 contradicts article 19 of the Political Constitution of the Republic of Panama.
The work performance, are the assignments in tasks that are carried out within your entity, which establishes the Descriptive Occupation Manuals through the positions that the Public Servant holds. But it is that the occupation or work to be carried out is subject to performance and performance evaluations that serve as the basis for the dismissal, incentive, compensation and training systems.
The dismissal system is defined as follows: It is the definitive and permanent dismissal of a public servant with an administrative career, for the reasons established in the disciplinary regime, or due to incapacity or incompetence in the performance of the position, according to what is indicated in this Law.
It is important to note that Law 9 - 94 discloses in its article 138, nineteen numerals by which the Public Servant is prohibited and that Law 24 - 2007 adds to article 138, 138 - A that indicates to the appointing authority and / or hierarchical superior of the executive administrative level sixteen numerals. To illustrate a case we find in article 138, numeral 6., the following:
Dismissal
Altering, delaying or unjustifiably denying the processing of matters or the provision of the corresponding service, according to the functions of their position.
In this current of the three verbs: Alter (change the essence or form of a thing); Delay (stop, hinder, delay); and Deny (say one that is not true, that a thing about which they are asked is not true. Prohibit, or forbid, prevent or hinder) becomes revealing to comply with the Dismissal for being a MAXIMUM LACK OF GRAVITY. Since the current governmental style in public entities, public servants frequently manifests itself with the expressions: "I don't know," "ask him," and other evasions where the inefficiency of the Public Administration is projected.
The behavior factor is related to their degree of notion or wisdom with the nature of the tasks that the public servant must perform for professional recognition. The new public management begins with the configuration of suitable personnel whose responsibility originates from the inauguration, the sufficient service capacity to assume an active role in the definition of the public interest.
In addition, there is article 76 of Executive Decree No. 222 of September 12, 1977, insofar as it tells us: “from the inauguration of the public servant, a file must be opened, which includes their general data, academic and work references and any other pertinent information. The reason for academic references is suitability, which courses studies in formal or professional educational centers. That is to say that through a teaching establishment the person obtained their respective title as a weighting document for a worthy and worthy position for having the degree of notion and wisdom.
From this perspective, it should be encouraged in the creation of public value such as Competition, Loyalty and Morality that is declared in the Nation Constitution.
Regarding evaluation, due to the inspection, all public servants must show rectitude in their actions and decisions, which must be in harmony with the principles and sound judgment.
This is stated in the Office of the Comptroller General of the Republic through Decree No. 214 - DGA of October 8, 1999 (OG 23,946 of December 14, 1999) which are listed, namely:
- Description and Analysis of Charge Incorporation of Public Servants. The entry of public servants in each entity must be carried out prior to the convocation, evaluation and selection process to guarantee their suitability and competence.Control and Evaluation of Performance Training and Training permanently Movement of Public Servants Maintenance of Order, Morals and Discipline. The heads of each entity must not only guarantee and motivate compliance with such principles in the work carried out by subordinates, but they themselves are obliged to demonstrate the observance of order, morality and discipline, in the performance of the public function. For this, it is necessary that the Public Servants have not been convicted of a criminal offense with an enforceable sentence delivered by a court of justice.Nor, having been pardoned, since the pardon is the confirmation of the sentence.Up-to-date information of the StaffApplication of Outsourcing in the EntitiesAssistance and compliance with the Working Hours of Public ServantsCompensation of Scholarships granted to the PersonalityProhibitions to receive gifts or other benefits other than remuneration.
Personnel Administration comprises a management support activity to optimize effectiveness, efficiency and productivity.
RECAPITULATION
It is a method of personnel administration that seeks the professionalization and stability of competent and productive people for the service of the Public Administration. Where the Human Resources Offices of the entities must develop their activities with full observance of the legal provisions as a system.
Legality is the particular principle of the code of ethics for public servants who work in central government entities. Where the public servant must subject his performance first the Magna Carta or the Political Constitution of the Republic of Panama.
Then, to the Laws and regulations that regulate the activity, and in case of doubt, seek advice using the services of the Attorney General's Office, as established by Law 38 - 2000 in its 6th article, especially the first paragraph.. and other regulations such as the Internal Control of the public sector of the Comptroller General of the Republic.
Thus, the merit to exercise the job or position is the basic element due to their professionalism that gives them the years of studies and that are transformed into figures as a degree of knowledge, indicated as a ray of light by the academic index, as a result of their efforts for its suitability. Since they are the responsibilities before the immediate superior where he will answer for his aptitudes and attitudes. Likewise, before the society that demands good public services since the person dressed as a public servant must have the natural disposition for good performance.
Stability has three lines: Competence, Loyalty and Morality. That is to say, it is the acute triangle in the place destined to run in view of the fact that the marked path is the Public Administration. However, the angle of incidence will be professionalism as a merit in the line that will move the body in a normal way to a surface where it will meet daily with Administrative Law.
After the exposition, the classification of Public Servants must be interpreted:
- Administrative Careers that are not Careers.
Public Servants of Administrative Career are the people who have entered the administrative career with merit for stability in the exercise of their position established in the Institutional Occupational Classification Manual. This is how it is made known by the different norms of which we can mention the Office of the Attorney General of the Administration, the Comptroller General of the Republic, and the Political Constitution of the Republic of Panama.
Consulted Bibliography
Official Gazettes
OG 22,562 of June 21, 1994.
Law 9 of June 20, 1994. By which the Administrative Career is established and regulated.
OG 23,379 of September 17, 1997.
Executive Decree No. 222 of September 12, 1997. By which the Law of June 20, 19994, which establishes the Administrative Career, is regulated.
G. O 23,946 of December 14, 1999.
Decree No. 214 - DGA of October 8, 1999. By which
the rules of Internal Governmental Control for the Republic of Panama are issued.
OG 24,109 of August 2, 2000.
Law No. 38 of July 31, 2000. That approves the Organic Statute of the Attorney General's Office, regulates the General administrative procedure and dictates special provisions.
OG 25,176 of November 15, 2004.
The Political Constitution of the Republic of Panama.
OG 25,191 of December 7, 2004.
Resolution No. 065 - 04 of May 19, 2004. Public Prosecutor's Office. Through which the evaluation criteria for contests are developed.
OG 25,199 of December 20, 2004.
Executive Decree No. 246 of December 15, 2004. By which the Uniform Code of Ethics of Public Servants who work in Central Government entities is issued.
OG 25,826 of July 3, 2007.
Law 24 of July 2, 2007. That modifies and adds to Law 9 - 94 that establishes and regulates the Administrative Career, and other provisions are issued.
G. O 25,968 of January 29, 2008.
Law 14 of January 28, 2008. That adds article 166-A to the Labor Code.
OG 26,019 of April 15, 2008.
Executive Decree No. 44 of April 11, 2008. That modifies and adds articles to Executive Decree 222 of September 12, 1997, which regulates Law 9 - 94 that establishes and regulates the Administrative Career
