Understanding Public Service: Roles, Subrogation, and Ethics
Instructions and Orders of Service
The instruction or order of service is determined by the authority of a service, through which orders are given to staff. The utility commission is characterized by the following:
- It should be made by an administrative act.
- It is to perform certain activities.
- It is limited in time.
- It cannot mean an official expense.
- It can mean the transfer of staff.
Subrogation
Subrogation is the automatic replacement mechanism established by law, so that an official is always in charge, maintaining the continuity of service. It is the duty of the officer to assume the top job when, for whatever reason, it is not being effectively served by the holder or alternate. The surrogate comes into play when a member or an alternate is prevented from carrying out their duties for any cause, by operation of law only.
- It operates in the absence or disability of the owner or their substitute, for any reason.
- It is a legal order, with the exceptions mentioned.
- It does not support excuses.
The surrogate must be an official on the plan and meet the eligibility requirements for the position that is subrogated. If the post has specific requirements, the surrogate must meet both the requirements of the specific plant and those established for the position.
Subrogating a Mayor
- In case of absence or disability of the mayor for more than forty-five days, the official next in rank order within the municipality takes over administrative functions.
- In case of temporary incapacity or disability of the mayor for not more than forty-five days, a deputy mayor takes over their duties. The deputy mayor is appointed by the council from among its members, acting by an absolute majority.
Corruption
Corruption is the conduct of a person in charge of the public sphere that betrays the role that society gives them, misusing the function and public resources allocated to the function. Pasquino defined it as “the phenomenon by which a public officer is driven to favor special interests in exchange for a reward.”
Abuse of Power
Abuse of power for personal advantage is lacking in integrity. “The staff of the Administration of the State shall be prevented from carrying out any political activity within the administration and from using their authority or position for purposes unrelated to their duties.”
Illicit Enrichment
Illicit enrichment occurs when using the position to obtain income that is not allowed.
Breach of Trust
Breach of trust involves taking advantage of the media that the institution provides for one’s own purposes or for objectives different from those for which they were delivered.
Illegitimate Use of Privileged Information
Illegitimate use of privileged information is a form of corruption that is of great concern in the modern world, in both the public and private sectors. Decisions are made, and an advantage is gained by those who are aware of it by participating in decision-making.
Conflict of Interest
An official’s private interests or those of their closest relatives may conflict with public service, although both interests are legitimate. Where there is a conflict of interest, the official must inform the authority and refrain from participating.
Lawyers
Lawyers in service are obliged to decline to sponsor cases in which there is the possibility of a pecuniary condemnation affecting a public body or to assume the defense of people who must attend court, having as a counterpart a service of the Administration in a dispute of a property nature.
Incompatibilities
Incompatibilities arise when a public servant governed by administrative regulations or municipal administrative status cannot function in another job or function provided to the State but governed by rules different from the statute that governs administrative matters.
Paying Bail Because of Office
“Any official who is responsible for the collection, administration, or custody of funds or assets of the State of any nature must file a bond to ensure proper execution of their duties or obligations.”