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STAFF RULES OF THE GENERAL SECRETARIAT
OBLIGATIONS AND RIGHTS
(a) The Secretary General shall set the normal working hours for each duty station away from headquarters and notify the staff of these hours.
(b) Normal working hours at headquarters shall be from 9:00 a.m. to 5:30 p.m. Monday through Friday, with a period of one hour for lunch. Exceptions may be made by the Secretary General as the needs of the service require.
(c) When requested to do so, a staff member shall work overtime, as prescribed in Rule 103.8.
(d) In determining the conditions that warrant excusal from work in cases of a special event, emergency, or extreme weather conditions, the appropriate authority of the General Secretariat, unless otherwise directed by the Secretary General, shall follow the same criteria used by the respective national government for the area in which the staff is working.
(e) The Director of the Department of Human Resource Services, after consulting with the Secretary General, shall notify the staff of excusals from work because of special events.
(f) A staff member on leave at the time the staff is excused for a special event, emergency, or extreme weather conditions for part of a day or more, shall be charged leave for the time covered by the excusal period. This same rule shall apply to a staff member who has not reported for work at the time the staff is excused for part of a day. If, however, the national government of the respective country where the staff member is working declares the excusal period to be an official holiday for pay and leave purposes and the Secretary General approves said excusal period, staff on leave or staff who did not report for work at the time the staff is excused will not be charged for that time period.
(a) Staff members shall not be required to work on days designated as official holidays by the Secretary General. When the Secretary General determines that circumstances so require, he may decide that a holiday shall be observed on a day other than the customary one.
(b) Official holidays at headquarters shall be New Year's Day, Martin Luther King's Birthday, Washington's Birthday, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day.
(c) Each duty station away from headquarters shall follow the official holidays of the civil servants of the respective national government.
(d) Staff members shall be excused from work on the national day of their country. If for any reason they are required to work on that day, they shall be entitled to compensatory time off in accordance with Rule 103.8. A staff member assigned to a duty station in a country of which he is a national shall be granted an additional day.
Rule 101.3 Financial Responsibility
Any staff member who causes financial damage to the Organization by malice, culpable or gross negligence, or failure to observe the General Standards, regulations, and other administrative provisions of the General Secretariat shall be responsible therefor and shall be required to pay appropriate compensation.
Rule 101.4 Outside Activities and Interests
(a) Staff members shall not engage in any continuous or recurring occupation or employment outside the Organization, or accept remuneration for private work, without prior written authorization by the Secretary General.
(b) No staff member may participate in the management of an industry or business, or have any financial interest therein, if by reason of his official position with the Organization it is possible for him to benefit from such association or financial interest.
(c) A staff member who has occasion to deal in his official capacity with any matter involving a business concern in which he holds a financial interest shall disclose the extent of that interest to the Secretary General.
(d) The mere holding of shares of stock in a company shall not constitute a financial interest within the meaning of this Rule, unless such holding constitutes a substantial control over that company's business.
(e) Except in the normal course of their duties, or with prior authorization by the Secretary General, staff members shall not engage in any of the following acts, if the purposes, activities, or interests of the Organization are involved:
(i) Issue statements to the press, radio, or other public information media;
(ii) Deliver addresses or lectures;
(iii) Take part in film, theater, radio, or television productions; or
(iv) Publish articles, books, or other material.
(f) When the authorization referred to in the preceding paragraph is granted, the staff member concerned must make it clear in each case that the opinions expressed are his own and do not necessarily represent those of the General Secretariat or of the Organization.
(g) Staff members shall not accept any gratuity or favor from any commercial firm or individual doing, or seeking to do, business with the Organization.
Rule 101.5 Property Rights in Work Performed
All rights, including title, copyright, and patent rights, in any work produced by a staff member as part of his official duties or by any other individual or entity being paid by the General Secretariat, or working in cooperation with it, shall be vested in the Organization.
Rule 101.6 Political Activities
Staff members may exercise the right to vote and join political parties, but they may not participate in political activities that, in the judgment of the Secretary General, are incompatible with or detrimental to the independence and impartiality inherent in their status as international employees. Contributions to a political party or to a particular candidate shall not be considered as prohibited activities.
Rule 101.7 Statements of Loyalty and of Ethics of Conduct and Conflicts of Interest
(a) Before beginning his duties, every staff member must sign the following statement:
I solemnly undertake to perform loyally, discreetly, and conscientiously my duties as a member of the international staff serving the General Secretariat; to conduct myself in accordance with the interests of the Organization of American States; neither to seek nor to accept instructions regarding my duties and obligations as a staff member from any government or from any authority other than the General Secretariat; and, in all respects, to abide by the provisions of the Charter of the Organization of American States and to comply with the General Standards to Govern the Operations of the General Secretariat, the Staff Rules, and other pertinent provisions.
(b) Every staff member must sign the following statement before beginning his duties and must renew it annually:
I declare that, to the best of my knowledge and belief, I have no connection that might conflict with the correct performance of my duties in the General Secretariat and with responsibilities assigned to me by the Charter of the Organization of American States, the General Standards, and the Staff Rules. I undertake to consult the Secretary General in the event that any connection that could involve a conflict of interest occurs and to divest myself of it if, in his opinion, it involves such a conflict. My failure to do so shall constitute grounds for disciplinary action in accordance with Rule 110.5 and Chapter XI of these rules.
(c) The staff members whose posts appear in paragraph (d) of this Rule shall also present sworn statements including:
(i) All associations, enterprises, or companies with which they are directly or indirectly connected, with an indication of the nature of the connection, and a list of their creditors, except those to whom they are indebted for a mortgage on their personal residence or for ordinary living expenses such as household furnishings, automobiles, education, or vacations.
(ii) Their personal net worth as it stands at the beginning and end of their service in the post.
The statement referred to in subparagraph (i) must be renewed annually and amended to reflect changes in the information contained therein.
(d) The statements referred to in the preceding paragraph shall be presented by the following staff members:
(i) Those holding positions of trust;
(ii) Department, Unit, Division, or Office directors and other chiefs of administrative units who, although they do not hold positions of trust, are directly subordinate, from the standpoint of rank, to the Secretary General, the Assistant Secretary General, an Executive Secretary, or an Assistant Secretary; and
(iii) Staff members who, as a part of their normal activities, participate in a substantial way in recommending, selecting, approving, or paying staff members, independent contractors, or other firms or enterprises from which the General Secretariat purchases goods or services. Members of this category are those holding the posts referred to in Appendix A of these rules.
(e) All information provided by staff members under Rule 101.7 shall be processed and maintained in the strictest confidentiality under the responsibility of the Department of Human Resource Services and may be utilized only in connection with the administration of the policies with respect to ethics of conduct and conflicts of interest in the General Secretariat.
Rule 101.8 Prohibition Against Sexual Harassment
(a) Every staff member and independent contractor is entitled to work in an atmosphere which is free of sexual harassment. The General Secretariat will take appropriate steps to promote such a working environment, and it will not tolerate behavior which is not respectful of that right.
(b) No staff member or independent contractor shall sexually harass another staff member, an independent contractor, or any visitor who comes onto the General Secretariat's premises. Every staff member and independent contractor has the right to object and to file a complaint should sexual harassment occur and to expect the Secretary General to deal seriously and promptly with that complaint.
(c) All supervisors, staff, and independent contractors are obligated to comply with the General Secretariat's policy against sexual harassment and shall take appropriate measures to ensure that sexual harassment does not occur. Staff members who violate that policy will be subject to disciplinary action, and independent contractors who violate that policy are subject to termination for cause.
(d) The Secretary General shall issue the Administrative Provisions to implement and enforce this Rule.
Rule 101.9 Conditions Governing Privileges and Immunities
(a) Any and all privileges and immunities accorded to staff members by the Member States by way of agreement, legislation, or custom and practice, are granted in the interests of the General Secretariat and not for the personal benefit of the individuals themselves. The Secretary General may waive the immunity of any staff member in any case, where in the Secretary General's opinion, the immunity would impede the course of justice and can be waived without prejudice to the interests of the Organization.
(b) Without prejudice to the above-mentioned privileges and immunities, it is the duty of each staff member to respect the laws of his duty station or of any Member State in which he is on Mission or to which he is otherwise assigned.
(c) Prior to leaving his duty station, retiring, or otherwise separating from service, a staff member who is not an immigrant or citizen of the duty station country and against whom a civil action is pending in any court in his duty station in relation to activities for which there is no immunity under the corresponding agreements and laws, or for which immunity has been waived, must appoint an agent resident in the duty station. The staff member shall authorize that agent to receive process relating to the civil action, and in the event a final judgment is issued against the staff member, to receive salary, pensions, and other remuneration due him from the General Secretariat, so that such salary, pensions, and other remuneration may be available to satisfy the judgment. In the event the staff member fails to appoint that agent, the General Secretariat shall have the authority to appoint an agent for him and may do so. Any agent so appointed pursuant to this paragraph shall be resident in the duty station, or in any other locations which the General Secretariat deems appropriate.
Rule 101.10 Prohibition Against Workplace Harassment
(a) No staff member, irrespective of position or grade, no independent contractor, and no intern, shall commit Workplace Harassment. All shall strive to treat each other with respect and dignity in the workplace.
(b) Workplace Harassment includes:
(i) Discrimination and prejudice based on race, religion, creed, or gender intended to harm or to favor others in the workplace or otherwise in the performance of their official duties;
(ii) Discrimination and prejudice, based on national origin intended to harm or to favor others in the workplace or otherwise in the performance of their official duties, provided, however, that preferences based on national origin to the extent necessary to obtain geographic distribution as required under Article 120 of the Charter do not constitute a violation of this Rule;
(iii) Sexual harassment in the workplace or otherwise in the performance of official duties under Staff Rule 101.8, and as defined in the corresponding guidelines issued by the Secretary General; and
(iv) Other words, conduct, or action, usually repeated or persistent, which:
(a) Are unwelcome;
(b) Are directed at a specific person (“the victim”) in the workplace or otherwise in the performance of their official duties;
(c) Are intended to annoy, alarm, or cause substantial emotional distress in the victim;
(d) Serve no legitimate purpose; and
(e) Are reasonably regarded by other reasonable persons, under the circumstances as, offensive, humiliating, intimidating, violent, or intrusive of reasonable expectations of privacy.
(c) Words, conduct, or action will be presumed to be “intentional” and “unwelcome”:
(i) Where the alleged offender has been previously advised by the victim or by another staff member that they are unwelcome and/or likely to cause the victim annoyance, alarm, or emotional distress or
(ii) When, in the case of a single incident, it is obvious to a reasonable person by virtue of the outrageous and otherwise shocking nature of the conduct, where and when it occurred, that the alleged offender knew or should have known, in light of his/her experience and cultural background, that such conduct would be unwelcome and unreasonably annoy, harm or cause emotional distress to the victim.
(d) Harassment does not include the following actions or words taken or used without malice:
(i) A supervisor’s words or actions taken or used for the primary purpose of evaluating a person’s performance of official duties assigned in accordance with a job description and/or contract or for the primary purpose of assigning and/or supervising the performance of official duties in a timely fashion and at the level required under the corresponding job description or contract;
(ii) The application of disciplinary measures for misconduct, including unsatisfactory performance;
(iii) The decision not to renew a contract, as well as notice that the contract will not be renewed; and
(iv) The termination of a staff member’s employment or a contractor’s contract, together with delivery of the corresponding notice, for any of the reasons stated in the Staff Rules and/or contract.
(e) For purposes of this Rule, malice is defined as any action, conduct, or spoken word taken with gross negligence or with the specific and primary intent to annoy, alarm, or cause substantial emotional distress.
(f) Any staff member, intern, and independent contractor who suffers Workplace Harassment may object to and/or file a complaint as specified herein and in the Guidelines and Procedures for the Prevention and Handling of Workplace Harassment issued by Executive Order (“the corresponding Guidelines”).
(g) The General Secretariat shall deal seriously and promptly with complaints for Workplace Harassment in accordance with the corresponding Guidelines.
(h) Any person who threatens to take or takes retaliatory measures against an individual who alleges in good faith that he or she has been the victim of Workplace Harassment or against any individual who states in good faith that he/she has been a witness thereof shall be subject to disciplinary measures and/or other measures within the Secretary General’s competence in accordance with the corresponding Guidelines.
(i) The General Secretariat is not responsible for Workplace Harassment committed by representatives and employees of other international organizations, governments, civil society organizations, interns, independent contractors, and other persons over which it has no authority to take disciplinary action under these Staff Rules. Nonetheless, in the event an admissible complaint for Workplace Harassment is filed against one of those persons, the General Secretariat shall forward the complaint to the pertinent supervisory authorities of the alleged offender and may take such other action as the General Secretariat deems appropriate.
Rule 101.11 Protection for Whistleblowers, Informants and Witnesses
(a) Definitions: The following definitions shall apply to this Rule:
(i) Whistleblower: A person who provides information to others in the General Secretariat on conduct and activities which violate the General Secretariat’s administrative and financial rules and regulations.
(ii) Informant: Another term for a Whistleblower.
(iii) Witness: Any person who may serve as a Witness for the investigation and proceedings resulting from such information provided by the Whistleblower.
(iv) Rules and Regulations: These include, but are not limited to: the General Standards; the Staff Rules; the Budgetary and Financial Rules; the Executive Orders; Administrative Memoranda; the annual Program-Budget Resolution; and the Directives of the Secretary General.
(v) Financial or administrative misconduct: Facts, activities, or occurrences which constitute fraudulent, illegal, or otherwise improper conduct in violation of the General Secretariat’s Rules and Regulations.
(vi) Retaliation: An adverse measure taken by the General Secretariat or any of its staff members against a Whistleblower to punish the Whistleblower for having reported financial and administrative misconduct under this Rule. Such adverse actions include discharge, suspension, demotion, violation of the terms and conditions of a settlement agreement, workplace harassment, and refusal to employ or contract. An adverse action shall not be considered retaliation in those circumstances where the General Secretariat can prove by the preponderance of the evidence that it would have taken the same adverse action against the informant for other reasons, even if the informant had not reported the financial and administrative conduct alleged.
(vii) Reprisals: A synonym for retaliation.
(viii) The appropriate authorities: These are individuals authorized to receive information from informants: They include the Inspector General; the President of the Staff Association; the Director of the Department of Administration and Finance; the Director of the Office of Human Resource Services; the Director of the Department of Legal Affairs and Services; and the Director of the Office of General Legal Services.
(ix) Admissible Report: Information reported which is: (a) transmitted in good faith; (b) based on the informant’s reasonable belief that it is true; (c) and either includes sound evidentiary support, or if specifically so identified, is likely to have sound evidentiary support after a reasonable opportunity for further investigation or discovery.
(b) Reporting Financial and Administrative Misconduct
(i) A staff member who observes or otherwise learns from a reliable source, facts and circumstances constituting financial or administrative misconduct, which he reasonably believes to be true, should report those facts and circumstances with specificity to the Inspector General or any one of the other appropriate authorities mentioned in Section a(viii) above.
(ii) The Inspector General shall maintain a “hotline” by which financial or administrative misconduct, including fraud, may be reported. Information on how to access the hotline shall be published on the webpage of the Office of the Inspector General.
(iii) An Informant may present information anonymously. Anonymous information, however, is less likely to result in a useful investigation and punishment of the wrongdoer, unless the informant is willing to serve as a Witness to the facts and circumstances constituting the misconduct alleged. Informants are thus strongly encouraged, but not required, to identify themselves when making their reports and to participate as Witnesses in the investigations, hearings, and other related proceedings that may follow.
(c) Protection Against Retaliation and Reprisals
(i) No retaliation or reprisals will be threatened or taken against Informants and Witnesses who report financial or administrative misconduct to the appropriate authorities under this Rule.
(ii) However, Informants and Witnesses who provide information that does not satisfy the three requirements for an “Admissible Report” in Section a(ix) above shall not enjoy protection from sanctions under section c(i) above, and they may be subject to disciplinary action under the Staff Rules.
(iii) Informants and Witnesses who have actively participated in or directed the financial or administrative misconduct that they themselves report shall not automatically enjoy protection from sanctions under section c(i) above; however, their initiative in reporting and rectifying the misconduct may be considered by the Secretary General as grounds for exempting them from reprisals, entirely or in part, or for mitigating the severity of any sanctions applied to them as a result of their participation in the misconduct.
(iv) Staff members who believe they have suffered an unmerited adverse action because they reported financial or administrative misconduct under this Rule may request a Hearing under the grievance process set out in Chapter XII of these Staff Rules. All other persons who believe they have suffered any such unmerited adverse action should inform the Inspector General in writing.
(d) Investigating and Processing Reports Received from Informants
(i) Any of the appropriate authorities other than the Inspector General who receives information which seems to satisfy the three requirements for an “Admissible Report” stated in Section a(ix) above shall promptly inform the Inspector General of that information in writing, with a copy to the Secretary General. If the Inspector General receives the information directly, he/she, shall promptly notify the Secretary General in writing.
(ii) The General Secretariat shall investigate information received which satisfies the three requirements of an “Admissible Report.” The Inspector General shall normally carry out the investigation; however, the Secretary General, as an alternative, may assign the investigation to a special investigator, the Ethics Committee, or another committee.
(iii) Whoever carries out the investigations shall produce a written report, which shall include a summary of the facts, conclusions as to whether the Rules and Regulations of the General Secretariat have been violated, and recommendations. Based on that report, the Secretary General may order remedial measures to prevent recurrence and disciplinary proceedings, if merited.