P.R. Laws tit. 3, § 1465

2019-02-20
§ 1465. Generally

There are two (2) employee categories within the personnel system:

(1) Career employees. — Those employees who have been admitted into the public service in faithful compliance with the established by the body of laws in effect and which applies to the recruitment and selection processes of the career service at the time of their appointment. Such employees are entitled to remain in the service pursuant to the provisions of § 1462e of this title. This category includes confidential employees.

Confidential employees are those who, even though they hold positions within the career service, perform functions that by their very nature affect or participate significantly in the formulation or implementation of public policy or who perform functions directly or indirectly connected with employer-employee relations which actually or potentially involve a conflict of interest are excluded from all the appropriate units, as provided in § 1451(b)(1) of this title, part of the Public Service Work Relations Act.

(2) Confidential employees. — The employees that substantially intervene or collaborate in the formulation of public policy, or those who directly advise or render direct services to the head of the agency, such as:

(a) Officials or employees appointed by the Governor, their personal secretaries and chauffeurs, as well as executive and administrative assistants who answer to them directly.

(b) Heads of agencies, their personal secretaries and chauffeurs, as well as executive and administrative assistants who answer to them directly.

(c) Deputy heads of agencies, their personal secretaries and chauffeurs.

(d) Regional directors of agencies.

(e) Board or permanent commission members appointed by the Governor, and their respective personal secretaries.

(f) Members and staff of boards and commissions appointed by the Governor with a determinate period of effectiveness.

(g) The staff of the Office of Former Governor Services.

Confidential employees can be selected and removed at will. Likewise, those employees who, even though they are selected at will, are to be removed only for just cause by provision of law or those whose appointment is for a term predetermined by law, shall also be confidential employees.

History —Aug. 3, 2004, No. 184, § 9.1.