Understanding Directive No. 003-2026-SERVIR (and the procedure for exclusion from the body of public managers)

If you are a lawyer, public manager or Public Manager assigned or available, in this article we explain in a clear and didactic way the legal framework, the types of exclusion, the stages of the procedure and the applicable rights and guarantees. 1. Regulatory Framework applicable to the Body of Public Managers

The Body of Public Managers (CGP) is a specialized professional group that brings together managers and managers selected by merit and capacity through transparent public tenders, in order to strengthen the management of the State at the three levels of government. The regulatory framework that articulates this special labor regime includes:

Legislative Decree No. 1023: Creates the National Civil Service Authority (SERVE) as the governing body of the system. Legislative Decree No. 1024 (Creates and regulates the Body of Public Managers). Supreme Decree No. 030-2009-PCM (Regulation of the Labor Regime of Public Managers). Supreme Decree No. 006-2026-JUS Single Ordered Text of the General Administrative Procedure Law. Law No. 27815 (Law on the Code of Ethics of the Public Service). 2. Object, purpose and scope of Directive No. 003-2026-SERVIR

Purpose: To establish the provisions and regulate the formal administrative procedure for the separation or definitive exclusion of the Public Managers of the CGP, in application of article 29 of the Regulation (DS No. 030-2009-PCM). Purpose: To ensure that the exclusion is carried out under uniform, transparent and predictable criteria, protecting the principles of legality, impartiality, reasonableness and due process. Scope of application: It is mandatory to SERVE, for Public Managers (whether assigned to a Receiving Entity or in a situation of availability with or without remuneration) and for entities of the three levels of government that have assigned Public Managers. 3. Classification of the Exclusion Procedure

The Directive classifies exclusion into two clearly differentiated modalities: automatic exclusion and exclusion by unilateral decision TO SERVE. A) Automatic exclusion (Articles 8.1 and 9)

It proceeds in the cases where the cause is configured through the verification or objective documentary accreditation, without requiring a contradictory investigation phase on the facts. Grounds contemplated:

Death: Verified by online consultation with RENIEC. Express resignation before SERVING: Presented by the Public Manager via the Board of Parties. Mutual agreement: Subscribed between the Public Manager and SERVE. Permanent incorporation: As an official of the Receiving Entity. Surviving permanent absolute invalidity: Accredited by official medical opinion. Return to their place of origin: Applies within the first year for those who came from permanent regimes or private activity. Supervening disqualification: Registered in the RNSSC or by notification of firm sanction. Rejection to Assignment: Refusing a second time to be assigned to a certain position for SERVING. Failure to meet goals: Failure to achieve 50% of the goals in two evaluations of the Allocation Agreement due to attributable causes. Firm disciplinary sanctions in the Receiving Entity: Suspension without enjoyment of more than 90 calendar days (or more than 3 months) that has not been challenged or that has been confirmed by the Civil Service Court (TSC). Age limit: Forced retirement upon reaching seventy (70) years of age. Sanction of the Comptroller: Temporary suspension greater than 90 days or 3 months duly registered in the RNSSC. Processing: The Directorate of Public Management Management (DGGP) reviews the documents, issues a supporting report and formalises the exclusion by means of a letter notified to the professional or his/her immediate family in the event of death. B) Exclusion by unilateral decision to SERVE (Articles 8.2 and 10)

It applies when the exclusion is based on the grounds provided for in paragraph l) of Article 29 of the Regulation (DS No. 030-2009-PCM), which require a phase of imputation, discharges and evaluation of evidence. Causes contemplated:

Termination of the employment relationship with the Receiving Entity for poor performance in up to two (2) opportunities. Commission of a very serious disciplinary offense. Substantial and serious breach of his obligations as Public Manager. Serious violation of the rules of the Code of Ethics of the Public Service. Disciplinary/Exclusion Procedure Steps:

Preliminary investigation: The DGGP collects evidence or receives communication from the Receiving Entity. Instructor Phase (DGGP):

It begins with the notification of the Letter of Imputation of Positions. The Public Manager has five (5) business days to formulate his discharges (being able to request a single extension of another 5 business days). The DGGP carries out the necessary evidentiary actions and, if found responsible, issues a report addressed to the Board of Directors. Sanctioning Phase (SERVING Board of Directors):

The DGGP report is notified to the Manager to present its closing arguments within five (5) business days. With the legal opinion of the Office of Legal Counsel (OAJ), the Board of Directors adopts the final decision, which is formalized through an Executive Presidency Resolution. 4. Guarantees, deadlines and administrative remedies

The Directive incorporates important guarantees of administrative due process:

Expiry Period: The procedure may not exceed nine (9) months between the notification of the start and the final resolution, and may be exceptionally extended for a maximum of three (3) additional months. Limitation Period: The power to SERVE to initiate this procedure prescribes four (4) calendar years after the events occurred. Administrative appeals: Faced with the resolution that provides for exclusion, the professional may file an administrative appeal within fifteen (15) business days following its notification, in accordance with the TUO of Law No. 27444.