The Ministry of Public Function (“SFP”), issued an Agreement, published in the Official Gazette of the Federation on April 22, 2020 (the “Agreement”), extending the deadlines set forth in Article 33 of the General Law of Administrative Responsibilities, to file declarations of net worth and interests in 2020, due to the measures to prevent and contain the spread of the disease generated by the SARS-COV2 coronavirus (COVID-19).
Prior to the analysis of the aforementioned Agreement, it is convenient to point out the legal basis of the obligation of public servants to file their asset and interest declarations pursuant to the General Law of Administrative Responsibilities (“LGRA”), as well as the deadlines in which they must be filed, pursuant to the provisions of Articles 32 and Sections I, II and III of Article 33 of the same, which are transcribed below:
Article 32. All Public Servants shall be obliged to submit their declarations of net worth and interests, under oath and before the Secretariats or their respective Internal Control Organs, under the terms set forth in this Law. In addition, they must file their annual tax returns in accordance with the terms of the relevant legislation.
Article 33. The statement of net worth must be filed within the following deadlines:
- Initial statement, within sixty calendar days after taking possession on the occasion of the:
- Entry into public service for the first time;
- Reinstatement to public service after sixty calendar days from the conclusion of their last assignment;
- Declaration of net worth modification, during the month of May of each year, and
- Declaration of termination of office, within sixty calendar days following termination.
Based on the foregoing, Article One of the aforementioned Agreement extends the deadline for filing asset and interest declarations in the modality of modification in terms of Section II of Article 33 of the LGRA, until July 31, 2020, for all public servants of the Federal Public Administration, including those who must file them for the first time. The above, without prejudice to the determinations that the sanitary authority establishes to mitigate and control the risks to health that the disease generated by the SARS-CoV2 virus (COVID-19) implies.
Likewise, the Second Article of the Agreement establishes that the declarations of assets and interests in its modality of beginning and conclusion, in the Federal Public Administration, will continue to be submitted within the deadlines set forth in Article 33, Sections I and III of the LGRA, for which reason its computation will be resumed when the suspension of deadlines and terms existing in the matters under the jurisdiction of the SFP concludes (that is, from March 23 to April 17, 2020), considering the current suspension of the activities of the SFP in terms of a certain agreement dated March 27, 2020.
From the foregoing, we can conclude that public servants are required to submit their initial asset declaration within sixty days after taking office; considering the suspension of activities and terms that will resume on April 18, 2020.
With regard to the asset modification declaration, public servants who are required to file it, including those who are required to file it for the first time, must do so no later than July 31, 2020.
Regarding the Declaration of Conclusion of Office, the public servants who are required to submit it within sixty calendar days following the conclusion; resuming the computation of such term on April 18, 2020, date on which the SFP will resume the computation of its deadlines and terms.
The failure of public servants to file a statement of net worth and interests is considered a non-serious administrative offense, in terms of the provisions of Article 49, Section IV of the LGRA, and may imply any of the following sanctions by the SFP or the internal control bodies: a) Public or private reprimand; b) Suspension from employment, position or commission; c) Dismissal from his/her employment, position or commission; d) Temporary disqualification to perform jobs, positions or commissions in the public service and to participate in acquisitions, leasing, services or public works.
The aforementioned Secretariat and the Internal Control Organs may impose one or more of the aforementioned administrative sanctions, provided that they are compatible among them and in accordance with the significance of the non-serious administrative offense.
The suspension from employment, position or commission imposed may be from one to thirty calendar days. In the event that temporary disqualification is imposed as a sanction, it shall not be less than three months nor may it exceed one year.
Bearing in mind that the matter of liability of public servants is concurrent, it would be necessary to analyze the legislation of each federal entity regarding the presentation of declarations of net worth and interests of local public servants, in order to determine whether there are provisions other than those mentioned for compliance with such obligation.
