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 234-1
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
The National Public Administration is constituted by the Administration of the State and by the Administration of the Territorial Collectivities.
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 Director Generals of the Ministerial Department of autonomous agencies, and members of the Administrative Council are not eligible for the Government career service.
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 a 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 to only 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.
