P.R. Laws tit. 21, § 4166

2019-02-20 00:00:00+00
§ 4166. Transition Committee in general elections years

The municipal legislatures shall constitute a transition committee whenever it is required to turn over the administration of the legislature to the new successors of the members of the majority, or when at least half of the departing members, are replaced. The committee shall be constituted no later than the 30th of November of the year that general elections are held. It shall be composed of at least five (5) representatives of the outgoing legislature, and an equal number of representatives of the incoming legislature. The Secretary, the President and the Vice-President of the outgoing legislature shall be a part of said committee.

The members of the Transition Committee of the outgoing legislature are bound to meet with the members of the incoming legislature in order to inform them of the status of the resources and finances of the legislature, provide them with the reports of the Director of Municipal Finances regarding the accounts and balance of the legislature’s budget, the legislature’s property register, the regulations, resolutions and ordinances, approved and in effect, and any other documents or information that can expedite the orderly transfer of the municipal legislative body.

The members of the transition committee of the outgoing legislature shall render a written report to the body of the newly-elected legislature on the general state of the legislature’s present finances, property, resolutions, and ordinances, with the observations and recommendations that they deem are necessary or convenient. A copy of this report shall be remitted to the mayor, the members of the constituted legislature, and the Office of the Municipal Affairs Commissioner. The committee shall establish the transition mechanism for the orderly transfer of the administration of the legislature and the municipal government, without affecting its services and operations.

When the President of the outgoing legislature refuses to appoint the representatives on the transition committee, or when the representatives of said committee do not comply with the responsibility imposed on them by this section, the newly-elected legislature may file a special writ of mandamus before the Court of First Instance of the judicial district where the municipality is located, in order to bind the outgoing legislature to comply with this section, or to be authorized to appoint the representatives of both parties, or to order the representatives of the President before said committee to fulfill their duties.

Furthermore, in electoral fiscal years, it is required to include in the municipal budgets an item with all the resources needed to meet the costs of accrued vacation leave, as well as any other concept the outgoing confidential employees might be entitled to.

History —Aug. 30, 1991, No. 81, added as § 4.016 on Apr. 13, 1995, No. 36, § 16.