Administrative Responsibilities of Public Servants: What We All Need to Know

In Mexico, being a public servant doesn't just mean occupying a position in the government. It also involves compliance with a series of Duties and obligations, whose non-compliance may result in, among other things, administrative liability. Although sometimes these terms sound distant, in reality they concern us all: they are the way to ensure that those who manage resources, make decisions or provide public services do so with honesty, legality, impartiality and efficiency.

What are administrative responsibilities?

These are the legal consequences faced by a public servant when acting in contravention of the law or to the principles that govern their function. This can range from a reprimand to dismissal and disqualification from holding public office, and even economic sanctions.

Types of Administrative Flaws

In accordance with the General Administrative Responsibilities Act (LGRA), faults are divided into:

1. Non-Serious Fouls — For example, neglecting the performance of their tasks, delaying procedures or missing schedules.
2. Serious Fouls — They include bribery (accepting bribes), the diversion of public resources, the abuse of functions, hidden enrichment or the improper contracting of services. Serious misdemeanors can even lead to criminal investigations.

Principles that public servants must follow

The Constitution and laws establish that every public servant must act under principles such as:

• Legality: do only what the law allows.
• Honesty: do not use the charge for your own benefit or that of others.
• Loyalty: putting public interest before personal interest.
• Impartiality: not to favor individuals or groups for reasons beyond the law.
• Efficiency: do the job optimally, taking advantage of resources.

What happens when they are breached?

If an authority detects a potential administrative fault, a procedure is initiated that may include:

• Investigation — To collect evidence.
• Substantiation — Before an internal supervisory body or an Administrative Court.
• Resolution — Which determines if there was responsibility and applies the sanction.

Why do we care as citizens?

Knowing the responsibilities of public servants allows us to demand accountability and detect when an authority acts outside the law. In addition, it strengthens trust in institutions and promotes a culture of integrity in public service.

The other side of the coin

Notwithstanding the foregoing, in this type of procedure, several principles must be respected, one of the most important, if not the one that most, the Presumption of innocence. This principle establishes that the alleged perpetrator - public servant - is innocent until a resolution dictates otherwise, which is indispensable, since on many occasions, public servants are identified as responsible when, in reality, they have not committed any conduct, as has happened in numerous matters that this firm has had the opportunity to represent.

Defensa

If you are a public servant and are facing an administrative liability procedure, in Rodriguez, Manzano & Garcia Lawyers we are experts in administrative responsibilities. Do not hesitate to contact us.

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