Following the memorandum of Prime Minister Lafontant sent on 12 April to the Ministers, State Secretaries and Directors General of decentralized agencies, on new contracts and appointments the Prime Minister, in a circular (003) dated Monday, reminded the parties concerned of the procedures for appointing and awarding contracts for Public Agents and the rules to be followed for this purpose :
“[…] 1. Decisions on the appointment, promotion of officials and engagement of contract agents are subject to the Notice of Compliance of the Office of Management and Human Resources (OMRH), to ensure the application of the law and regulations and to check the corresponding budget availability;
2. The recruitment of contract agents, with the exception of those authorized to provide services to private offices anbd secretariat of the authorities provided for by law, are done via a competition in accordance with Article 16 of the Decree of 17 May 2005 revising the General Statute of the Public Service and the Order of 2 April 2013 laying down the procedures and the conditions of organization of recruitment competitions giving access to public service jobs;
3. In the Central Government of the State, public officials are appointed by letter or are bound by a contract duly signed by the competent authority and endorsed by the Superior Court of Auditors and Administrative Disputes (CSCCA ). It is strictly forbidden to issue letters of authorization for the exercise of public office. These practices are not binding on the Administration and, therefore, will not entitle the beneficiaries, to any remuneration;
4. The service contract of the contract staff may not exceed the duration of the fiscal year in which it was concluded. Any renewal of the contract is subject to the presentation of a file justifying the persistence of the need for which the contract was concluded and which has not been completely finalized. A service contracts of staff may be renewed only (1) once.
Service contracts of the contract staff assigned to the offices of a Secretary of State, a Minister, the Prime Minister and the President of the Republic and their private secretaries necessarily terminate at the departure of these authorities notwithstanding the clause of end of contract envisaged as well as in any other case provided by the law and the regulations.
The Office of Management and Human Resources (OMRH) and the Ministry of the Economy and Finance ensure, each in its own right, of the implementation and monitoring of this. They ensure to give no administrative response to acts performed outside the aforementioned standards.
OMRH take all necessary steps to evaluate contracts in progress and to report to the Prime Minister as soon as possible.”