P.R. Laws tit. 21, § 1067

2019-02-20
§ 1067. Appointments; personnel standards; probationary period; ranks

(a) The appointments of the members of the Municipal Police and the civilian personnel of the Corps shall be made by the mayor, as proposed by the Commissioner.

(b) The mayor shall determine through regulations issued by the municipal government and pursuant to the provisions of this chapter, the rules for the admission, readmission, training, transfer and promotion of the members of the Municipal Police by using an examination, evaluation and investigation similar to that used by the Commonwealth Police. The establishing of recruitment rules shall be governed by the requirements established through regulations by the Police Department of the Commonwealth of Puerto Rico, pursuant to the provisions of § 1066 of this title.

(c) With regard to those candidates that are not admitted into the Commonwealth Police for failing to meet the requirements of the Corps, they may not apply for admission into the Municipal Police Corps until the limitation period established by Part 2 of Act No. 26 of August 22, 1974, has expired.

(d) The admission of any person other than the Commissioner as a member of the Corps shall be subject to a two (2)-year probation period, during which the person may be dismissed from service at any time by the mayor, or by the Commissioner by delegation of the former, if the evaluation made by the Commissioner shows ineptitude, obvious unfitness, carelessness, partiality or negligence as a member of the Municipal Police, or his/her habits or reliability do not warrant his/her remaining in the Corps. Said probation period shall not include any period of uninterrupted absence from active service in excess of thirty (30) days, regardless of the reason therefor. The Commissioner shall make an evaluation every six (6) months of the work performed by the members of the Corps during their probation period. In the event that a member this dismissed from office by the mayor alleges that there were other reasons for his/her dismissal, he/she shall be entitled to appeal [whithin ten (10) days of having been notified in writing] before the Board of Appeals of the Personnel Administration System established by §§ 1 et seq. of Act No. 5 of Oct. 14, 1975.

(e) The members of the Corps shall approve an intensive preparatory course which shall be designed in coordination with the Commonwealth Police and which shall be administered by the Commonwealth Police Academy.

(f) The ranks of the members of the Municipal Police shall be subject to the following Uniform Rank System:

(1) Cadet.— A member of the Police, as defined by § 1062(i) of this title.

(2) Deputy Guard.— A member of the Police, as defined by § 1062(h) of this title.

(3) Municipal Guard.— A member of the Police, as defined by § 1062(g) of this title.

(4) Sergeant.— A Municipal Guard promoted to Sergeant after having approved the examinations or met the requirements established in the regulations issued by the mayor and who holds, at least, a high school degree or its equivalent in examinations. The rank of Sergeant constitutes the first line of supervision within the uniform rank system of the Municipal Police.

(5) Lieutenant.— A Sergeant promoted to the rank of Lieutenant after having [passed] the examinations or met the requirements for this rank established in the regulations issued by the Commissioner and who at least holds a high school degree or its equivalent in examinations. The rank of Lieutenant constitutes the second line of supervision within the uniform rank system of the Municipal Police.

(6) Captain.— A Lieutenant promoted to the rank of Captain after having approved the examination or met the requirements for said rank established in the regulations issued by the mayor and who at least holds an Associate Degree conferred by a college or university certified or accredited by the Puerto Rico Council on Higher Education or, as an alternative to the Associate Degree requirement, after having hold the rank of Lieutenant for a term of more than four (4) years in the Puerto Rico Police, the Municipal Police, or any federal agency. The rank of Captain constitutes the third line of supervision within the uniform rank system of the Municipal Police.

(7) Inspector.— A Captain promoted to the rank of Inspector by appointment of the Commissioner with the confirmation of the mayor, as provided for in § 1064 of this title, and who at least holds an Associate Degree conferred by a college or university certified or accredited by the Puerto Rico Council on Higher Education. The rank of Inspector constitutes the fourth line of supervision within the uniform rank system of the Municipal Police.

(8) Commander.— An Inspector promoted to the rank of Commander by appointment of the Commissioner with the confirmation of the mayor, as provided for in § 1064 of this title, and who at least holds a Bachelor’s Degree conferred by a college or university certified or accredited by the Puerto Rico Council on Higher Education. The rank of Commander constitutes the highest line of supervision within the uniform rank system of the Municipal Police.

(g) The various Puerto Rico Municipal Police Corps shall be constituted into a unified organization system in which Commissioners are to determine the best use of human resources as provided for in § 1064 of this title.

(h) The creation for Municipal Police members of any rank, classification or specialized classification other than those provided for in this chapter is hereby prohibited.

(i) No Corps member who has not been a member thereof for a term of four (4) years or more may be considered for promotion to the ranks of Captain, Inspector, or Commander.

(j) All education requirements established herein shall apply pursuant to the provisions of clauses (4)–(8) of subsection (f) of this section.

(k) Once they are certified, the members of the Municipal Police shall be classified and identified pursuant to the provisions of this chapter, keeping the ranks established in subsection (f) of this section. The personnel that is part of the Municipal Police Corps when the new powers and the certification requirement are conferred shall retain the rights and rank acquired before the approval of this act.

(l) Once their training is over, all Corps members shall serve in the municipality for a term of not less than two (2) years before applying for transfer to another municipality or the Commonwealth Police Corps, except when subsection (d) of this section applies.

(m) If a member of the Municipal Police is transferred to render services in a different municipality, other than the one in which he/she was originally appointed, within a two (2)-year period, from the date of graduation from the Academy, the municipality that includes him/her in its Municipal Police shall be bound to reimburse the costs incurred in the training of said member to the other municipality, within a period of not more than six (6) months, from the effective date of the transfer.

(n) If a member of the Municipal Police resigns his/her appointment within the period established in subsection (m) of this section, counted from the date of graduation from the Academy, no municipality shall grant him/her an appointment in its Municipal Police Corps, unless the municipality that extends the appointment reimburses the municipality from which the Municipal Guard resigned, the costs incurred in the training of said member, within a term of not more than six (6) months from the effective date of the recruitment into the Corps he/she is entering.

(o) The provisions of subsections (l) and (n) of this section apply in the cases of Municipal Guards who leave to render services in the Commonwealth Police.

History —May 12, 1977, No. 19, p. 33, § 7; May 22, 1996, No. 45, § 7; Aug. 19, 1996, No. 146, § 1; Sept. 30, 2004, No. 533, § 3; June 19, 2008, No. 98, § 1.