Background on the Individual and Relevance
The head of the Unidad de Política Regulatoria (UPR) at the Instituto Federal de Telecomunicaciones (IFT), Mexico’s federal telecommunications regulator, has been suspended from any government work for a year due to abuse of power and workplace harassment. This regulatory body is one of the most prestigious in the world, making this case significant for both political and sectorial reasons.
Details of the Case
The UPR head was found guilty by unanimous decision of the Sala Auxiliar en Materia de Responsabilidades Administrativas Graves (Auxiliary Chamber for Serious Administrative Responsibilities) of the Tribunal Federal de Justicia Administrativa (Federal Administrative Justice Court) for abusing their position and attempting to sabotage the work of a subordinate. The abuse included requesting actions outside legal frameworks in telecommunications and broadcasting, excluding the subordinate from crucial policy meetings, and obstructing her professional development.
Key Actions
- The UPR head engaged in arbitrary acts, directing discriminatory and exclusionary conduct related to occupational segregation, constituting gender-based workplace harassment against the affected employee.
- These actions limited the employee’s ability to perform her job duties freely and resulted in an unjustified evaluation affecting her financially, as she was denied performance-based rewards.
- The conduct fell under the hypothesis of Article 57 of the General Law on Administrative Responsibilities, as the official exercised unauthorized powers and induced subordinates into arbitrary acts.
- The official used unauthorized communication channels (e.g., WhatsApp) to communicate with unit personnel, which is considered a violation.
Implications and Lessons for New Regulatory Authorities
This case serves as a reference for Mexico’s new regulatory authorities, the Comisión Reguladora de Telecomunicaciones (CRT) and the Agencia de Transformación Digital y Telecomunicaciones (ATDT), emphasizing the importance of avoiding such conduct, especially since these entities will fall under federal executive power rather than being constitutionally autonomous.
Next Steps and Uncertainties
It remains unclear if the UPR head has been dismissed by the IFT board or if the regulator is aware of the court’s decision. The IFT stated they have not yet received notification of the resolution. In a legal possibility, the suspended official could appeal the sentence, which would be decided by the third section of the tribunal, potentially extending the matter for months.
Tribunal’s Decision
The tribunal determined that the suspension of one year from public employment and participation in public acquisitions, leases, services, or works is just, equitable, and appropriate for the UPR head’s actions.
Key Questions and Answers
- Who was suspended? The head of the Unidad de Política Regulatoria (UPR) at the Instituto Federal de Telecomunicaciones (IFT).
- Why was the individual suspended? For abuse of power and workplace harassment, including requesting actions outside legal frameworks, excluding a subordinate from crucial meetings, and obstructing her professional development.
- What are the implications for other regulatory bodies? This case serves as a reference for new Mexican regulatory authorities, emphasizing the importance of avoiding similar conduct.
- What happens next? The suspended official may appeal the decision, potentially extending the matter for months. The IFT has not yet received notification of the resolution.
