Título II. Organización

The President of the Republic is the highest authority of the Civil Service established by this law.

The following superior bodies charged with the application of this Law are hereby created:

1.National Civil Service Board.

2.National Civil Service Office.

It is the responsibility of the Ministers of State and of the public officials who direct the dependencies incorporated under the Civil Service regime, to comply with and ensure compliance with this law in their respective dependencies.

The National Civil Service Board is composed of three titular members and two alternates, appointed by the President of the Republic for a period of three years. They may only be removed for the causes and in the manner established in this law.

In case of impediment or temporary absence of a titular member of the Board, an alternate shall be called. Should a vacancy occur due to absolute absence of a titular or alternate member, a substitute shall be immediately designated to complete the predecessor's term.

At its first meeting the Board shall elect one of its members to act as President and shall hold its meetings in the manner determined by the respective regulation.

The members of the Board must be Guatemalan citizens covered by Article 5 of the Constitution and over 30 years of age; at least one of the titular members must be a licensed attorney. In addition, they must have knowledge of personnel administration and experience in public administration.

The following may not be members of the National Civil Service Board:

1.Relatives of the President and Vice President of the Republic and of any of the Ministers of State, within the fourth degree of consanguinity and second of affinity;

2.Those who have been convicted of a crime involving lack of probity such as theft, robbery, fraud, bribery, prevarication, forgery, embezzlement of public funds or illegal exactions, or have violated this law and its regulations;

3.Those who, having been convicted in an accounts trial by final judgment, have not discharged their liability;

4.Contractors of works or enterprises financed with funds of the State, its decentralized, autonomous or semi-autonomous entities or of the municipality, their guarantors and those who have pending claims arising from such dealings;

5.Those who represent or defend the interests of companies or individuals that operate public services;

6.Ministers of any religion or creed;

7.Those who hold leadership positions in any political party.

If the person designated to be a member of the Board were a public servant in the Service by Opposition, such person may return to his/her post upon concluding his/her term on the Board. The regulation shall determine the procedure to be followed in this case.

The titular members or the alternates substituting for a titular member shall accrue a per diem for each session held that they attend. No more than one daily per diem shall be recognized and the number of sessions shall not exceed five per week. The regulation shall establish matters relating to the amount of the per diems.

The provisions of the National Civil Service Board must be adopted by a majority of its members and are final, except in cases of dismissal, which may be contested before the Labor and Social Welfare Tribunals.

In addition to those assigned to it by other provisions of this law, the duties and attributions of the National Civil Service Board are:

1.To render to the President of the Republic and to Congress an annual report of its work, and to furnish such additional reports as may be required of it;

2.To collaborate in promoting the improvement of the National Civil Service System;

3.To approve or disapprove the draft regulations prepared by the Director, before they are approved by the President of the Republic;

4.To adopt rules for its internal organization and operation, which shall enter into force once approved by the President of the Republic;

5.To appoint or remove its Secretary and other administrative personnel when necessary;

6.To investigate and administratively resolve, on appeal, at the request of the interested party, claims arising concerning the application of this law in the following matters: recruitment, selection, appointment, assignment or reassignment of positions, transfers, suspensions, layoffs and dismissals.

The Secretary shall be appointed within the Service without Opposition; he is accountable to the Board and, in addition to those inherent to his office, shall have the following powers:

1.To attend all meetings of the Board;

2.To keep the books of records, documents and files of the Board;

3.To carry out the proceedings ordered by the Board and such others as are necessary in the performance of his office and that refer to matters submitted to the consideration of the Board;

4.To be the organ of communication of the Board;

5.To act as head of the administrative personnel of the Board;

6.Any other function delegated or entrusted to him by the National Civil Service Board, within the legal functions thereof.

The National Civil Service Office is the executive organ in charge of the application of this law. It shall be composed of a Director and Deputy Director and such other personnel as are indispensable for its functioning and effectiveness throughout the territory of the Republic. It may, in the judgment of the President of the Republic, create regional offices dependent on the Office.

The Director and Deputy Director shall be appointed by the President of the Republic. They may only be removed for the causes and procedures established in this law in Articles 76 and 79.

To be appointed Director or Deputy Director of the Civil Service, it is required to be a person of recognized honorability and, in addition, to fulfill the following requirements:

1.Be a Guatemalan of those covered in Article 5 of the Constitution of the Republic, over 30 years of age and a citizen in exercise of his rights;

2.Accredit technical knowledge in personnel administration or experience in public administration;

3.Preferably, hold a university degree.

Article 24. Persons who have the impediments established in Article 15 of this law may not be appointed Director or Deputy Director of the National Civil Service Office.

The Director, as Administrative Head of the National Civil Service Office, directs all technical and administrative activity thereof and supervises all its personnel. He has the following duties and powers:

1.To ensure the correct application of this law and its regulations, organizing a personnel administration system in the service of the public administration, in accordance with the principles set forth in this law;

2.To organize the National Civil Service Office, to appoint and remove the Competitive Service personnel thereof, in accordance with this law;

3.To recruit, select and propose eligible candidates to form the personnel covered under the Competitive Service, in accordance with the precepts of this law;

4.To establish and maintain a register of all employees covered under the Competitive Service and under the Non-Competitive Service, in accordance with the respective regulations;

5.To develop technical improvement programs for applicants seeking to enter the Civil Service and training programs for public servants;

6.To investigate, report and propose solutions regarding the application and effects of this law and its regulations, to the President of the Republic and to the National Civil Service Board;

7.To resolve inquiries addressed to him in relation to personnel administration and the application of this law and its regulations;

8.To investigate facts, to cause witnesses to appear, to take sworn statements and to request the submission of any evidence for purposes of the application of this law and its regulations;

9.To attend meetings of the National Civil Service Board, when it requires his presence and when so established by this law and its regulations;

10.To submit to the President of the Republic and to the National Civil Service Board a report on the work performed during the year;

11.Such other duties and powers as are imposed upon him by this law and its regulations.

The Deputy Director is the Administrative Deputy Chief of the National Office of Civil Service and has the following attributions and duties:

1.To substitute for the Director in cases of leave, illness and temporary absence for any cause;

2.To perform the functions assigned to him by the Director.

The Director must prepare the draft regulations necessary for the execution of this law. He shall submit them to the National Civil Service Board to obtain its approval and for it to resolve whether the draft does not contradict this law. Once approved by the National Civil Service Board, the Director shall submit the draft to the President of the Republic for its final approval and promulgation. The same procedure must be followed to amend the regulations.

Every personnel regulation within any State agency affected by this law must be submitted to the Director of Civil Service and approved by the National Civil Service Board in order to be implemented. Any rule that does not satisfy this requirement is null ipso jure.

Appointments of public servants to the positions covered by this law shall be made by the following appointing authorities:

1.To the President of the Republic, that of all public officials and public servants specified by the Constitution and the laws, and that of all those whose appointment is not assigned to other appointing authorities;

2.To the Ministers of State, in accordance with the Constitution, corresponds that of public servants for positions in their respective departments, who are included in the Competitive Service established by this law and its regulations;

3.To public officials and other public servants, those indicated by the Constitution and the laws.

The Director is authorized to use the assistance of public officials and public servants for the purpose of preparing, holding and grading examinations. The nominating authority shall relieve from its duties any of its employees selected by the Director, for the time they are serving as special examiner. Public officials and public servants acting as special examiners shall not receive additional compensation for their services as such, but necessary expenses incurred in the performance of their duties shall be reimbursed to them.