Bibliographic citations
Colca, T., (2021). La secretaría técnica en el marco del procedimiento administrativo disciplinario de la Ley N° 30057, Ley del servicio civil en la municipalidad metropolitana de Lima, 2019 [Universidad Peruana de las Américas]. http://repositorio.ulasamericas.edu.pe/handle/upa/1270
Colca, T., La secretaría técnica en el marco del procedimiento administrativo disciplinario de la Ley N° 30057, Ley del servicio civil en la municipalidad metropolitana de Lima, 2019 []. PE: Universidad Peruana de las Américas; 2021. http://repositorio.ulasamericas.edu.pe/handle/upa/1270
@misc{renati/5048,
title = "La secretaría técnica en el marco del procedimiento administrativo disciplinario de la Ley N° 30057, Ley del servicio civil en la municipalidad metropolitana de Lima, 2019",
author = "Colca Torres, Takeshy Blas",
publisher = "Universidad Peruana de las Américas",
year = "2021"
}
Administrative Law is as important as the other branches of Law, it is more from my personal point of view, perhaps it is one of the most important branches of Law, since it allows to regulate and execute the procedures in the other branches of Law and the functions of the Public Administration, that is why through this work I dare to develop the functions of the Technical Secretariat of the Administrative Disciplinary Procedure, a position created with Law No. 30057, Civil Service Law published on 3 July 2013. The Technical Secretariat of the Administrative Disciplinary Procedure in the Metropolitan Municipality of Lima is appointed by the Municipal Manager and depends on the Personnel Deputy Management, also both positions mentioned are job positions, chosen by trust, that is, the positions that are awarded are not by competition public. The positions of trust have the power to choose trusted personnel, which generally falls into friends or acquaintances of these last two positions, it is a problem for the public administration, specifically the Metropolitan Municipality of Lima, since many times they occupy people without experience, delaying and obstructing the service provided by the Metropolitan Municipal district. Likewise, sometimes the officials or servants close to the assistant manager of personnel and the Municipal Manager, concur in violation either by action or / or omission, and these infractions fall into the hands of the Technical Secretariat of the Administrative Disciplinary Procedure in charge of prequalifying administrative offenses , proposing sanctions of written reprimand, suspension or dismissal. Said autonomy to prequalify the offenses is protected by the interference of the officials on whom the Technical Secretariat depends, since by prequalifying the conduct of an official close to the aforementioned officials, there is a risk that the latter intercede for their friends, ordering to the Technical Secretary as a support body for the authorities of the disciplinary administrative procedure, to modify its recommendations to minimal sanctions and not exemplary sanctions, thereby prioritizing impunity. Or in the worst case, that the cases of disciplinary administrative infraction are filed, since being an exclusive power of the Technical Secretary to file the complaints, but he can only take said disposition when there is insufficient evidence or the complaint is subject to evaluation is manifestly non-existent; In both cases, the final report must be referred to the sub-management of personnel as human resources; In other words, the disposition of the Technical Secretary will always be supervised by the human resources office and if the Technical Secretary sometimes acts in accordance with his ethical convictions, he runs the risk of being separated from the Metropolitan Municipality of Lima, taking away his trust; consequently being fired. That is why in the framework of the fight against corruption, the access of everyone to public competitions in a transparent way, we consider that the Technical Secretary of the Disciplinary Administrative Procedure, depends directly on the National Authority of the Civil Service, SERVIR being the governing body in the Human Resources Management administrative system.
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