CONSTITUTION
OF THE REPUBLIC OF HAITI
TITLE
VIII
THE CIVIL
SERVICE
ARTICLE
234:
The Haitian
Civil Service is the instrument by which the State carries out its missions
and achieves its objectives. To ensure its viability, it must be managed
honestly and efficiently.
ARTICLE
235:
Government
employees and officials shall be exclusively in the service of the State.
It is their duty to abide faithfully by the norms and ethics determined
by law for civil servants.
ARTICLE
236:
The law
establishes the organization of the various Government structures and
stipulates the conditions for their operation.
ARTICLE
236-1:
The law
shall regulate the civil service on the basis of aptitude, merit and
conduct. It shall guarantee security of employment.
ARTICLE
236-2:
The civil
service is a career. No official may be hired except by competition
or by meeting other conditions prescribed by the Constitution and by
law, nor may he be dismissed except for causes specifically determined
by law. Dismissals must in all cases be ruled upon by the Court of Administrative
Disputes.
ARTICLE
237:
Career
service officials are not members of any particular Government agency
but are members of the civil service, which makes them available to
the various Government agencies.
ARTICLE
238:
Officials
indicated by law have the obligation to declare the status of their
net worth to the Clerk of the Civil Court within thirty (30) days following
their entry into service. The Government Auditor must take every step
he deems necessary to verify the accuracy of the declaration.
ARTICLE
239:
Government
employees and officials may form associations to defend their rights
under the conditions established by law.
ARTICLE
240:
Holders
of public office or positions, particularly Ministers and Secretaries
of State, officers of the Public Prosecutor's Office, Delegates and
Vice Delegates, ambassadors, private secretaries of the President of
the Republic, members of the Cabinet of Ministers, the Directors General
of the Ministerial Department or autonomous agencies, and members of
the Administrative Council are not eligible for the Government career
services.
ARTICLE
241:
The law
punishes violations committed against the treasury and unjust gain.
Officials who have knowledge of such actions have the duty to report
them to the competent authorities.
ARTICLE
242:
Unjust
gain may be determined by all types of evidence, particularly presumption
of sharp disproportion between the official's means acquired after his
entry into service and the accumulated amount of salaries and emoluments
to which the post he has occupied entitles him.
ARTICLE
243:
Officials
guilty of the above offenses are entitled only to the twenty-year statute
of limitation. This limitation period begins to run with the termination
of their duties or the causes that would have prevented any prosecution.
ARTICLE
244:
The State
has the duty to avoid major salary disparities in the civil service.
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