P.R. Laws tit. 3, § 145q
The Department shall have confidential and career employees. The confidential employees shall be those who are substantially involved with the establishment and implementation of the public policy of the Department or who advise or render services directly to the Secretary. All other employees shall be career employees. Personnel recruitment shall be governed by the regulations established for that purpose.
The Department and the schools shall administer their own personnel systems without being subject to Act No. 5 of October 14, 1975, known as the “Puerto Rico Public Service Personnel Act”. Furthermore, the Department shall adopt regulations regarding those areas that essentially concern the merit principle and other areas involving the administration of personnel contained in the laws relative to public service matters. The Secretary shall allow the participation of the teaching and non-teaching personnel in the process of outlining their personnel systems.
The determinations on those matters pertinent to the personnel under the merit principle shall be subject to review by the Board of Appeals of the Educational System, created by virtue of §§ 274 et seq. of Title 18.
The following items are essential to the merit principle:
(a) Job classification.
(b) Personnel recruitment and selection.
(c) Promotions, transfers and demotions.
(d) Training programs.
(e) Employee retention.
The teaching personnel of the System shall be appointed pursuant to the provisions of subsection (b) of § 143f of this title.
History —July 15, 1999, No. 149, § 5.14.