Summary.
The bill amends Article 36 of Law 49 of 1984 to place National Assembly (Asamblea Nacional) personnel in five categories: members of the Assembly, elected officers, Legislative Service Career personnel, discretionary appointees who may be removed, and temporary personnel. The Organic Rules of Internal Procedure (Reglamento Orgánico del Régimen Interno) are the rules containing the provisions being amended. The first category comprises popularly elected officials who would be treated as public servants for purposes of their rights and obligations. Their term of appointment is governed by the Political Constitution of the Republic (Constitución Política de la República).
The elected officers category comprises the Secretary General and Deputy Secretary General. Legislative Service Career personnel are regular technical and administrative staff who enter that career after meeting the prior competitive selection requirement and other statutory requirements. Discretionary appointees include trusted staff assigned to the Presidency, parliamentary groups, Assembly members and the Secretary General, as well as other personnel who do not belong to the career under Law 49 of 1984 and the Human Resources Administration Regulations (Reglamento de Administración de Recursos Humanos). Staff appointed by Assembly members to their offices would not have permanent staff status and could not seek membership in that career. Temporary personnel are hired under fixed term contracts for transitional, provisional or occasional functions.
The amendment to Article 37 would require officials to perform the duties prescribed by the Organic Rules of Internal Procedure, the Legislative Service Career Law (Ley de la Carrera del Servicio Legislativo) and the Human Resources Administration Regulations, as well as other functions assigned by their immediate superiors. It directs the Human Resources Directorate (Dirección de Recursos Humanos) to assess officials' capacity to perform their positions twice a year. Failure to pass both annual assessments during the year would constitute grounds for separation or dismissal.
The amendment to Article 38 would require the Secretary General and other personnel to attend their offices on every working day. They would also have to remain available throughout any ordinary or extraordinary sessions held during the day or at night. Assembly members would be responsible, as direct supervisors, for the attendance of personnel appointed to their offices. Article 4 reiterates that the amendments cover Articles 36, 37 and 38 of Law 49 of 1984. Article 5 provides that the proposed law would take effect on the day after its promulgation.
The public bodies concerned are the National Assembly and the Human Resources Directorate. The provisions would affect Assembly members, staff in their offices, and personnel working in the legislature's technical and administrative services.
What it proposes.
- Classification of legislative personnel.
- Officials' duties and assessments.
- Attendance and availability during sessions.
- Assembly members' responsibility for their staff's attendance.
Who it would affect.
- Members of the National Assembly.
- Elected officers and Legislative Service Career personnel.
- Discretionary appointees.
- Temporary personnel and staff in Assembly members' offices.
Key points.
- Classifies legislative personnel in five categories and treats Assembly members as public servants for purposes of their rights and obligations.Art. 1
- Excludes staff appointed by Assembly members to their offices from permanent staff status and eligibility to enter the Legislative Service Career.Art. 1
- Bases officials' duties on the internal rules, the career law, the human resources regulations and instructions from their immediate superiors.Art. 2
- Requires capacity assessments twice a year by the Human Resources Directorate and establishes grounds for separation or dismissal if both are failed.Art. 2
- Requires attendance at the office on working days and availability during ordinary or extraordinary sessions held during the day or at night.Art. 3
- Makes Assembly members responsible, as direct supervisors, for the attendance of staff appointed to their offices.Art. 3
- Reiterates the amendments to Articles 36, 37 and 38 of Law 49 of 1984 and sets commencement for the day after promulgation.Arts. 4-5