Bill 364.

Summary.

The bill establishes a framework for people seeking to hold or serving as treasurers of community boards. It covers minimum requirements, duties, selection procedures, training, transparency measures, accountability, and responsibility in the management of public funds. Its guiding principles include legality, transparency, accountability, citizen participation, integrity in public administration, efficiency, and other duties of conduct. It refers to Executive Decree No. 246 of 2004, which establishes the Uniform Code of Ethics for Public Servants, and its amendments.

The proposal would apply to all community boards recognized by local governments nationwide. The position of community board treasurer would fall outside the administrative career system established by Law 9 of 1994. Accordingly, holding the position would not confer the employment rights associated with that system unless an express legal provision states otherwise.

To be appointed, a person would have to be Panamanian, be at least 18 years old, prove at least 1 year of residence in the corregimiento where they would serve, and have no convictions for offenses against public administration, public trust, economic property, or the electoral process. They would also have to have completed secondary education. As to their qualifications, they would need to be pursuing university studies in accounting, banking and finance, business administration, public administration, economics, auditing, or a related field. Alternatively, they could demonstrate at least 2 years of experience in administrative, accounting, or public fund management duties.

Training would be mandatory: an appointee would have to pass training and refresher programs established by the competent authorities and take part in any additional training required for the position. The programs would cover, at a minimum, public ethics, local financial management, public procurement rules, and transparency. They could be delivered or endorsed by the National Decentralization Authority (Autoridad Nacional de Descentralización), the Directorate General of Public Procurement (Dirección General de Contrataciones Públicas), the Office of the Comptroller General of the Republic (Contraloría General de la República), and the National Authority for Transparency and Access to Information (Autoridad Nacional de Transparencia y Acceso a la Información), among other relevant public bodies.

The bill would prohibit appointing anyone related within the 4th degree of consanguinity or the 2nd degree of affinity to the corregimiento representative, secretary, prosecutor, a board member, or another public servant of the community board. It would also exclude people disqualified from performing public duties or convicted of the offenses specified in its article on restrictions. An appointment that failed to meet the requirements would be void; it would result in suspension of disbursements to the community board by the municipality or the corresponding body and immediate removal of the appointee, without prejudice to applicable legal and administrative action.

Given its subject matter, the proposal relates to local governments and the public bodies responsible for training, procurement, oversight, and transparency mentioned above. It may be of interest to community boards, their staff, applicants for the position, and communities in the corregimientos.