P.R. Laws tit. 21, § 4251

2019-02-20 00:00:00+00
§ 4251. Municipal Executive Branch

The administrative organization of the Executive Branch of each municipality shall respond to a structure that shall allow the latter to handle each and every function and activity within its jurisdiction according to the needs of its inhabitants, the importance of the public services to be rendered and the fiscal capacity of the municipality in question.

Every municipality shall have the following administrative units as part of their organizational structure. Subsection (i) shall be mandatory, except when the municipality shows it is financially unfeasible. As to subsections (h) and (k) of this section, said Office may be an independent administrative unit or a part of any of the following units or of any other unit to be established by the municipality:

(a) The Office of the Mayor.

(b) The Office of the Municipal Secretary.

(c) The Municipal Finance Office.

(d) The Department of Transportation and Public Works.

(e) The Office for the Administration of Human Resources.

(f) The Internal Auditing Unit.

(g) The Municipal Emergency Management and Disaster Administration Office.

(h) The Municipal Federal Programs Office.

(i) The Municipal Tourism Development Office. Municipalities shall have the benefit of receiving from the Tourism Company direct advisory services on internal and external tourism planning, promotion, development, and research and marketing studies, among others.

(k) [sic] The Municipal Faith-based and Community Initiative Office.

(j) The Municipal Women’s Affairs Office.

The basic administrative structure described above shall be considered as the minimum. Each municipality may adapt the structure according to its particular circumstances and with the exception of those itemized in subsections (f) and (g) of this section, and rearrange or consolidate administrative units or establish others that are not specifically indicated in this subtitle, which shall ensure a rational division of the municipal functions and matters according to their nature and to a balanced distribution of the work load and responsibilities. However, the basic administrative units provided above shall always be maintained.

The Municipal Faith-based and Community Initiative Office shall serve as a liaison with the Office of the Governor for Community and Faith-based Initiatives at La Fortaleza, the agencies of the Executive Branch of the Government of Puerto Rico, the Community Organizations Unit attached to the Office of the Commissioner of Municipal Affairs (OCAM, Spanish acronym), public and private colleges and universities, community and faith-based organizations, ecumenical councils, nonprofit foundations, and the private sector, in order to promote the development of service programs for the homeless, persons with mental conditions, controlled substance abusers, and victims of abuse, among others, and for the social and financial wellbeing of those who need it the most.

The administrative organization of each municipality as well as other specific functions assigned to the various administrative units and their coordination shall be governed by their respective organic regulations and bylaws, as approved by the Municipal Legislature, except that said approval shall not be required to the Municipal Emergency Management and Disaster Administration Office.

Regarding the latter, the Director of the Municipal Emergency Management and Disaster Administration Office shall organize and administer said unit in accordance with the directions of the Commonwealth Agency Director, pursuant to the provisions of §§ 172 et seq. of Title 25, known as the “Commonwealth of Puerto Rico Emergency Management and Disaster Administration Agency Act”. However, the Mayor is hereby empowered to make personnel changes as appropriate or convenient within the Municipal Emergency Management and Disaster Administration Office.

History —Aug. 30, 1991, No. 81, § 6.001; Oct. 29, 1992, No. 84, § 22; Dec. 20, 1997, No. 181, § 1; Aug. 17, 2002, No. 186, § 1; Sept. 7, 2004, No. 258, §§ 14, 45; Sept. 1, 2006, No. 178, § 2; July 29, 2011, No. 162, § 1; Dec. 16, 2011, No. 254, § 1; Sept. 14, 2012, No. 246, § 1.