Public Service and Administration: Roles and Responsibilities

Posted on Feb 1, 2025 in Law

Understanding Public Service

Public service, in a restricted sense, refers to activities undertaken by the State intended to meet social needs. The provision of public services involves the staff that comprises the public service, including human resources. Public purpose signifies activity-oriented management aimed at meeting the high public status.

Public and Private Entities

  • Public Companies or State: These are entities created by law, possessing a public law legal personality distinct and separate from the Treasury. They have their own assets and autonomy to manage, are functionally decentralized, and are members of the Administration.
  • Private Companies Owned by the State: These are private entities in which the State or its agencies have a majority or capital contribution, or, in the same condition, representation or participation. However, they do not form part of the Administration.

Regional Government and Mayor: A Parallel

  • Mayor:
    • Develops policies for the development of the region (in line with community and national plans).
    • Submits draft plans and regional development strategies and their modifications to the Regional Council (CORE), as well as providing execution.
    • Submits to CORE the distribution of resources from the National Regional Development Fund corresponding to the region.
  • Regional Government:
    • The Mayor is a decentralized body of the Regional Government.
    • The Regional Government is made up of the CORE and the Mayor.
    • Arranges, monitors, and supervises the works that are funded from its budget.

Municipal Government

A Municipality is an autonomous corporation with legal personality and its own assets. Its purpose is to meet local community needs and ensure their inclusion in cultural, economic, and social development. It is autonomous because its authorities are appointed by the President, are not subordinate to him, have regulatory powers, and freedom of budget execution.

The Mayor

The Mayor is the highest authority of the municipality, responsible for its supervision and direction.

Municipalities’ Custodial Functions

  • Develop, approve, and modify the Community Development Plan.
  • Maintain the cleanliness and beautification of the commune.
  • Implement provisions on transportation, public transit, construction, and development.

Optional Functions of Municipalities

Municipalities can develop, directly or indirectly with other organs of state management, functions such as:

  1. Education and culture.
  2. Public health and environmental protection.
  3. Social and legal assistance.
  4. Training, promotion of productive employment, and fostering.
  5. Tourism, sport, and recreation.

Municipal Powers

  1. Acquire and alienate movable and immovable property.
  2. Establish corporations or private foundations, non-profit, for the promotion and dissemination of art and culture.
  3. Develop, approve, modify, and implement the municipal budget.
  4. Implement the community development plan and compliance programs.
  5. Issue binding resolutions, either general or particular.

Key Concepts in Public Service

  • Meanings of Public Service: A public necessity that must be satisfied by an administrative agency. It is irrevocable, transferable, and is not part of the business.
  • A Public Need: A need becomes public when the ownership and management of resources are assumed by the State, ensuring equal access without exclusion. Individual needs can be assumed as subsidies.
  • Administrative Power: The means available to the body to perform the tasks entrusted to it by law.
  • Authority to Rule: A public body can directly require the help of the security forces to enforce its resolutions.
  • Responsibility Principle: Refers to both the civil liability of public entities for the harm caused and the civil, criminal, administrative, or political liability that may affect their agents.