New ethics manual: Dominican public officials are prohibited from accepting gifts

Milagros Ortiz Bosch, Director of Government Ethics, released today a circular on the part of the public law that officials who work in government institutions must observe and comply.

Here is the full circular:

To guide public servants’ ethical conduct in the different areas of the State and adjust it to the highest values ​​and ethical principles:

I instruct all civil servants and public servants of free appointment and removal, career, simplified statute, and temporary employees to act per the following principles that govern public servants’ ethical conduct:

• Principle of ethics enshrined in numeral 21 of article 3 of Law no. 107-13, under which all personnel at the Public Administration service, as well as people in general, must act with morality, loyalty, and honesty.
• Principle of honesty enshrined in number 5 of article 77 of Law no. 41-08, which reflects the correct behavior of the public servant.
• Principle of innocence enshrined in numeral 8 of article 77 of Law no. 41-08, for which human conduct must be a reflection of integrity, honesty, and integrity.

For these reasons, and inspired by the noble purpose of promoting administrative honesty and public morality, it is reiterated to all the officials, and public servants indicated that it is strictly forbidden to engage in the following actions enshrined in article 80 of Law No. 41-08:

1. Request, accept or receive, directly or through an intermediary, gratuities, gifts, gifts, commissions, or rewards, as payment for acts inherent to their positions.
2. Request, accept or receive advantages or benefits in money or kind, facilitate the acquisition of goods and services from the State to third parties, or facilitate their sale.
3. Provide, on a confidential basis and in a remunerated manner, advisory or assistance services for the State, related to the functions of their positions.
4. Receive more than one remuneration from the treasury unless expressly provided for by law.
5. Appointment to simultaneously carry out more than one position of the State, except educational, cultural, research, and honorary tasks, not affected.
6. Obtain loans and contract obligations with natural or legal persons with whom they have official relations due to the public positions they hold.
7. Intervene, directly or indirectly, in the signing of contracts with the State through the institution where he works and in obtaining concessions or benefits that imply official privilege in his favor, except in cases where they are required by law.
8. Attending the workplace while intoxicated or under the influence of drugs or narcotic substances.
9. Participate in official activities in which issues are discussed on which the public servant has particular economic, patrimonial, or political interests that, in some way, pose conflicts of interest.
10. Using their hierarchical influences to harass public servants in the State sexually.
11. To requisition, subtract or copy information for the exclusive use of one’s own or those of other co-workers, without the express authorization of these or their immediate superior, all this without detriment to what is established in current legislation.
12. Represent or sponsor litigants or intervene in extrajudicial proceedings against the public administration, except in cases of defense of personal interests of the public servant, their spouse, and their blood relatives or related in the first degree.
13. Serve the interests of parties in the exercise of their functions, and consequently, organize or direct demonstrations, give partisan speeches, distribute political propaganda, or request funds for the same purposes and use the assets and funds of the institution.
14. Require, induce, or compel their subordinates to participate in political or partisan activities, whether for their benefit or third parties’ benefit.
15. Provide services in the same institution as your spouse and those united by ties of consanguinity or affinity up to the second degree inclusive, when they have a hierarchical relationship.

Act in those cases in which they have particular interests that pose conflicts of interest for the public servant.

Those civil servants and public servants are warned that, regardless of their hierarchy, they transgress the prohibitions established in article 80 of Law No. 41-08 and reiterated in this document, will be submitted by the competent authority to disciplinary processes, as well as civil and criminal procedures provided by law, as appropriate.