City of Buenos Aires, 10/27/2021
SEEN AND WHEREAS:
That through RDGN-2020-418-E-MPD-DGN#MPD and RDGN-2020-993-E-MPD-DGN#MPD, the operating guidelines that must be respected by the ombudsmen and dependencies of this Public Ministry were established.
That, the National Executive Power, by DECNU-2021-494-APN-PTE, reestablished the labor presence in the field of the National Public Administration.
For its part, the Supreme Court of Justice of the Nation, through Acordada 24/2021, restricted, as of October 20, the possibility of making use of the license established by Acordada 4/2020 (modified by Acordada 6/2020 and 14/2021), only, to Magistrates, civil servants and agents with immunodeficiencies or who are cancer and/or transplant patients.
In view of the current epidemiological situation and the progress of the national vaccination plan, it is pertinent to modify the operating guidelines of the dependencies of this Public Ministry, with the aim of re-establishing face-to-face service provision, without neglecting sanitary measures and timely arranged care, in order to prevent the contagion and spread of the COVID-19 virus.
Therefore, by virtue of what is established by Art. 35 of Law No. 27,149, in my capacity as General Defender of the Nation;
I. MODIFY the operating guidelines established by RDGN-2020-418-E-MPD-DGN#MPD and RDGN-2021-993-E-MPD-DGN#MPD, in terms of human resources and customer service and communication with courts and tribunals, in accordance with the criteria established below:
1. HUMAN RESOURCES:
a) You must work in person:
-Any agent who has received, at least, the first dose of any of the vaccines intended to generate acquired immunity against COVID-19 authorized for use in the Argentine Republic, after FOURTEEN (14) days of inoculation and who do not integrate risk groups.
-Those Magistrates and agents over 60 years of age and/or who are part of the risk groups defined in Art. 3 -Pts. I, II, III, IV, VII and VIII- of RESOL-2020-627-APN-MS, (people with chronic respiratory diseases; people with heart diseases; diabetic people; people with chronic kidney failure on dialysis or with expectation of enter dialysis in the following six months; people with a single certificate of disability; and people with obesity), once FOURTEEN (14) days have elapsed after completing the vaccination schedule in its entirety.
- Those people who make up this Public Ministry who have the possibility of accessing vaccination and choose not to be vaccinated, must act in good faith, committing to carry out all the necessary acts to avoid the damage that their decision may cause to the normal development of the tasks in the dependencies in which they provide services, being able to be summoned to the face-to-face provision of face-to-face tasks by the owners of the dependencies.
b) The following will be exempted from carrying out face-to-face work:
-All Magistrates and agents with immunodeficiencies; who are cancer and/or transplant patients; that they are pregnant people; and/or who prove that they have not been able to access the vaccination program -whether by medical prescription or due to the vaccination schedule in their jurisdiction-. Those who are contemplated in any of the aforementioned situations must prove said extreme and require the corresponding license that exempts them from carrying out face-to-face work.
-Any other particular situation that prevents the performance of face-to-face work, must be accredited by means of the corresponding medical certificate or documentation at the time of requesting the corresponding license that exempts it from performing face-to-face work.
c) The owners of the dependencies, exceptionally, may establish dual (face-to-face/remote) and/or rotating work schemes, when strictly necessary in order to respect the sanitary and physical space measures ratified in point II of the this resolution, as long as strict compliance is given to what is stated in point I.2 of this resolution -Attention to the public and communication with the courts and tribunals-.
d) The actions that, eventually, are carried out related to the situations prescribed above must be reserved in each dependency and will only be raised in the event of a request in this regard by some area of the Office of the General Ombudsman of the Nation.
2) ATTENTION TO THE PUBLIC AND COMMUNICATION WITH THE COURTS AND TRIBUNALS
a) All defense offices and dependencies may use electronic means for communication with the heads of the courts or tribunals before which they perform functions, when this guarantees the defense service.
b) The holders of the different ombudsmen and dependencies of this Public Ministry of Defense must guarantee face-to-face attention to those they assist. To this end, the possibility of granting shifts for face-to-face consultations may be evaluated.
c) Attention to the public must be arranged in a way that avoids simultaneous waiting or close contacts and that their presence is limited to the minimum time necessary for the diligence to be carried out.
d) Telephone attention must be provided from the defense office or office.
e) The actions that, eventually, are carried out related to the implementation of mechanisms of attention to the public must be reserved in each dependency and will only be raised in the event of a request in this regard by some area of the General Ombudsman's Office. .
II. RATIFY the validity of the operating guidelines established by RDGN-2020-418-E-MPD-DGN#MPD, in terms of physical spaces (Pt. VI.2) and sanitary measures (Pts. VI.4 and VII) -which are reiterated below- as well as the "Protocol of action in the event of the detection of a suspected or confirmed case of COVID-19", approved by RDGN-2020-570-E-MPD-DGN#MPD.
1. PHYSICAL SPACES:
a) Arrange the location of the furniture of each dependency in order to maintain social distancing.
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b) Establish that the public service area and ticket desk be as isolated as possible from the rest of the facility, for which plastic partitions or physical partitions may be installed for such purposes.
If considered appropriate, in those buildings where more than one ombudsman or dependency of the same jurisdiction and/or instance have their headquarters, their owners may agree to set up a ticket or single service desk on the ground floor of the building, with staff of these dependencies. They may submit the corresponding proposal to the Office of General and Financial Administration for the purposes of its evaluation by the Department of Architecture.
2. SANITARY MEASURES
a) In customer service and relations between staff, a social distance of 1.5 meters must be maintained.
b) The use of a face mask or protective face mask will be mandatory: in customer service; inside the premises, when 2 or more people work in the same physical space; and in the transfer of personnel between different dependencies.
c) Wash your hands with soap and water or use alcohol gel when entering the workplace and then frequently during the working day. When objects and/or files are handled, once finished, hands must be properly sanitized.
d) Do not share crockery, mate or other objects for personal use.
e) Clean work areas (keyboard, table, telephone, etc.) frequently with 70% alcohol or diluted hypochlorite.
f) Keep the environments ventilated
g) In the entrance areas to the buildings and at the entrance tables, containers with alcohol gel must be placed.
h) Do not go up more than one person per elevator, giving priority to older adults and people with physical ailments or disabilities.
i) In the presence of symptoms (fever of 37.5° accompanied by cough, sore throat, tiredness, shortness of breath, loss of taste and/or smell) or social contact with someone who has presented them, the person must immediately apply the "Protocol for action upon detection of a suspected or confirmed case of COVID-19", approved by RDGN-2020-570-E-MPD-DGN#MPD.
j) The agents in charge of cleaning the buildings, in addition to sanitizing the surfaces, doorknobs and railings, must pay special attention to the frequent cleaning of the elevators, particularly their buttons and floor.
k) The staff, at the time of cleaning, must use a face mask or protective face mask and gloves.
III. EXHORT all the people who make up this Public Ministry of Defense, and in particular the heads of each dependency, to strictly comply with the health and prevention regulations ratified in point II hereof.
IV. RATIFY the provisions of point V of RDGN-2021-993-E-MPD-DGN#MPD, regarding the duty of Magistrates and agents to provide information regarding their vaccination when it is required by the authorities of the Office of the General Defender of the Nation and/or by the head of the office. The reluctance to provide said data or the communication of totally or partially false information will be considered a SERIOUS OFFENSE and will be subject to disciplinary sanctions, in accordance with the "Legal Regime of the Public Ministry of Defense (TO 2020)".
V. REMIND all the members of this Public Ministry of Defense of the obligation, established by the "RJMPD (TO 2020)", to reside in the place where they carry out their tasks or within a radius of prompt communication that does not hinder the proper performance of its function.
SAW. EXTEND the license scheme approved in points III and IV of RDGN-2020-286-E-MPD-DGN#MPD, subject to compliance with the parameters set in point I.1 of this resolution. Regarding the special license for a minor child who attends an educational establishment, it will apply only in those localities where face-to-face classes have not been resumed in the educational system, or in cases where, due to confirmed or suspected cases of COVID- 19, face-to-face attendance has been temporarily suspended - the head of the unit must certify said matter at the time of submitting the request for staff leave.
VII. ESTABLISH that, without prejudice to face-to-face attention to the public, the following ticket tables, only, will receive presentations in digital format by email:
-General Board of Entrances and Exits of the General Ombudsman (email@example.com)
-General Directorate of Human Resources (firstname.lastname@example.org)
-Office of General and Financial Administration (administración@mpd.gov.ar)
-Audit and Management Control (email@example.com)
VII. ESTABLISH that this resolution will be effective as of November 1, 2021.
IX. PROTOCOLIZE this administrative act, NOTIFY its content to all the members of the Public Ministry of Defense, and PUBLISH its content on the institutional website and in the Official Gazette of the Argentine Republic.
Stella Maris Martinez
and. 04/11/2021 No. 84035/21 v. 04/11/2021