P.R. Laws tit. 25, § 3137

2019-02-20 00:00:00+00
§ 3137. Transitory provisions

(a) It is hereby provided that the presently appointed and confirmed Police Superintendent is exempted from complying with the requirement stated in the second paragraph of § 3103 of this title concerning his/her appointment with the advice and consent of the Senate of Puerto Rico.

(b) The Police shall be governed by the regulations in effect under the provisions of Act No. 26 of August 22, 1974 until the regulations provided in § 3104(b) of this title are in effect, except with regard to those provisions which are incompatible with §§ 3101 et seq. of this title. However, the Superintendent shall be bound to draft new Police Regulations within the term of ninety (90) days from the approval of this act.

(c) It is hereby provided that as of January 1, 1977, in order to be eligible for the ranks of Lieutenant Colonel and Colonel, it shall be an indispensable requirement for the candidate to have taken and passed not less than sixty-four (64) university credits in a college or university accredited by the Puerto Rico Council on Higher Education. As of January 1, 1979, in order to be eligible for the ranks of Colonel and Lieutenant Colonel, it shall be a requirement for the candidate to hold a Bachelor’s Degree granted by a college or university accredited by the Council on Higher Education of Puerto Rico. The university studies required and established herein shall not apply to those members of the Force who joined it prior to December 31, 1994.

It is hereby provided that, as of January 1, 2000, in order to be eligible for the ranks of Colonel and Lieutenant Colonel, it shall be a requirement for the candidate to hold a Master’s degree or its equivalent granted by a college or university accredited by the Council on Higher Education of Puerto Rico; for the ranks of Commander, Inspector and Captain, the candidate must hold a Bachelor’s degree granted by a college or university accredited by the Council on Higher Education of Puerto Rico; for the ranks of First Lieutenant, Second Lieutenant, Sergeant and Police Agent, the candidate must hold an Associate Degree conferred by the University College of Criminal Justice or by a college or university accredited by the Council on Higher Education of Puerto Rico. The university studies required and established herein shall not apply to those members of the Force who joined it prior to December 31, 1994.

Those candidates recruited pursuant to the provisions of Act No. 208 of 2003, must complete an Associate Degree in the University College of Criminal Justice or a public or private university accredited by the Council on Higher Education of Puerto Rico in a term of six (6) years, as of the candidate’s completion of the special curriculum. Cadets who do not meet the requirements established herein within the probationary period shall not become Puerto Rico Police Officers.

(d) It shall be an essential requirement to be eligible for the rank of School Protection Officer I to have [passed] the courses in techniques to intervene with adolescents and other training necessary for an efficient performance of his/her functions. The Superintendent shall determine the exact number of credit-hours and courses an aspirant should [pass]. In addition, he/she must have a high school diploma or its equivalent and meet all other requirements established in the recruiting standards. For the rank of School Protection Officer II, it shall be a requirement to [pass] the probationary period as School Protection Officer I and meet all other requirements established in the norms of enlistment. To compete for the rank of Officer, he/she shall have an Associate Degree and one (1) year of experience as School Protection Officer II.

(e) Private security agencies and companies shall have a grace period of one year, from the effective date of this act, during which the provisions of § 3110(d) of this title shall not apply, [and] during which they shall discontinue the practice of allowing their employees to wear uniforms or portions thereof, with regard to their color, and a combination of outerwear, or equipment, including the design, color and insignias of motor vehicles, that are equal or similar to those prescribed for the use of the Police.

(f) Upon the effective date of this act, the rank and salary schedule enjoyed at that time by every member of the Police Force shall remain unaltered, with the exception of the following rank equivalencies:

(1) The rank of Cadet Guard is eliminated and substituted by the rank of Cadet with the same salary schedule.

(2) The rank of Guard is eliminated and substituted by the rank of Police Officer with the same salary schedule.

(3) The classification or rank of Assistant Investigating Agent is eliminated and the following equivalencies are established:

(A) Assistant Investigating Agents who have obtained said classification or rank by [passing] examinations, shall be recognized with the rank of Sergeant. They shall be subject to the basic salary schedule for Sergeant or to the salary schedule they have as Assistant Investigating agent, whichever is greater. They shall be allowed to take the examination for the rank of Second Lieutenant not later than one hundred and eighty (180) days from the date of approval of this act.

(B) Assistant Investigating Agents who have obtained said classification without having [passed] examinations, but who have supervised units or divisions uninterruptedly and satisfactorily during any twelve-month period within the five years prior to the approval of this act, shall be recognized with the rank of Sergeant. They shall be subject to the basic salary schedule for Sergeant or to the salary schedule they have as Assistant Investigating Agent, whichever is greater. Said agents shall have a term of not more than sixty (60) days in which to present corroborating evidence that they meet the abovementioned requirements. The Superintendent shall establish a procedure to validate said experience, as well as to proceed with the equivalency when pertinent.

(C) Assistant Investigating Agents who have obtained said classification without having [passed] examinations, but who have performed as such for less than fifteen (15) years, shall be recognized as Police Officers. They shall be subject to the basic salary schedule as Police Officers or to the salary schedule they have as Assistant Investigating Agent, whichever is greater, and shall be entitled to take the examination for the rank of Sergeant no later than 180 days from the date of approval of this act.

(4) The classification or rank of Investigating Agent I is eliminated and the following equivalency is established: Investigating Agents I shall be recognized with the rank of Second Lieutenant. They shall be subject to the basic salary schedule for Second Lieutenants or to the salary schedule they have as Investigating Agent I, whichever is greater.

(5) The classification or rank of Investigating Agent II is eliminated and the following equivalency is established: Investigating Agents II shall be recognized with the rank of First Lieutenant. They shall be subject to the basic salary schedule for First Lieutenants or to the salary schedule they have as Investigating Agent II, whichever is greater.

(6) The classification or rank of Investigating Agent III is eliminated and the following equivalency is established: Investigating Agents III shall be recognized with the rank of Captain. They shall be subject to the basic salary schedule for Captains or to the salary schedule they have as Investigating Agent III, whichever is greater.

(7) The classification or rank of Investigating Agent IV is eliminated and the following equivalency is established: Investigating Agents IV [who] have served on the Force for a term of fifteen (15) years or more may be appointed to the rank of Inspector or Major, at the discretion of the Superintendent, subject to the provisions of § 3104(e) of this title. They shall be subject to the basic salary schedule for Majors or to the salary schedule they have as Investigating Agent IV, whichever is greater.

(8) The classification or rank of Investigating Agent V is eliminated and the following equivalency is established: Investigating Agents V shall be recognized with the rank of Lieutenant Colonel. They shall be subject to the basic salary schedule for Lieutenant Colonels or to the salary schedule they have as Investigating Agent V, whichever is greater.

(9) The following equivalencies are established for the ranks of Pilot I, II, III, IV, and V:

(A) Pilots I who have served on the Force for a term of ten (10) years or more shall be recognized with the rank of Second Lieutenant.

(B) Pilots II who have served on the Force for a term of ten (10) years or more shall be recognized with the rank of First Lieutenant.

(C) Pilots III who have served on the Force for a term of ten (10) years or more shall be recognized with the rank of Captain.

(D) Pilots IV who have served on the Force for a term of fifteen (15) years or more shall be appointed to the rank of Inspector, subject to the provisions of § 3104(e) of this title.

(E) Pilots V who have served on the Force for a term of fifteen (15) years or more shall be appointed to the rank of Major, subject to the provisions of § 3104(e) of this title.

Any Pilot I, II, or III, who upon the effective date of this act has not met these requirements and wish an upgrade in rank, may aspire to take the examination corresponding to the rank provided by this equivalency once he/she has met the terms established herein.

It is further provided that as of the effective date of the provisions of this act, any member of the Police Force assigned by the Superintendent to perform the duties as a Pilot shall have met the entrance requirements of the Force to which all members of the Police are subject, and with the requirements of the force to which all members of the Police are subject, and with the requirements established by the Federal Aviation Administration of the Department of Transportation of the United States of America. Members of the Police Force who, as of the effective date of this act, are assigned by the Superintendent to perform duties as Pilot or Copilot, shall be subject to the Uniform Rank System.

(10) The positions occupied by members of the Police Force promoted on their merits shall become regular positions.

History —June 10, 1996, No. 53, § 38; July 25, 1997, No. 44, § 1; Feb. 19, 2000, No. 50, § 1; Dec. 29, 2000, No. 461, § 1; Jan. 5, 2002, No. 10, § 4; Aug. 28, 2003, No. 208, § 2; May 4, 2004, No. 106, §§ 10, 11; June 11, 2004, No. 145, § 1; renumbered as § 47 on Sept. 23, 2004, No. 468, § 3; Aug. 26, 2005, No. 97, § 2; Apr. 15, 2008, No. 40, § 1.