P.R. Laws tit. 21, § 4252
The candidates for directors of administrative units of the Executive Branch of the municipal government shall be comprised within the confidential service and their appointment shall be subject to confirmation by the municipal legislature. In the case of the Director of the Municipal Civil Defense Agency, his/her appointment shall be made by the mayor in consultation with the Commonwealth Director of the Civil Defense and shall be subject to confirmation by the legislature.
The candidates to the office of director of the administrative units of the Executive Branch and others provided by this subtitle, must preferably comply with, but not be limited to, the minimum requirement of holding a Bachelor’s Degree in the specialty or field for which they are being considered, except for the recruitment of the Internal Auditor. In the case of the Director of Human Resources and the Director of Finances, these must meet the minimum requirement of holding a Bachelor’s Degree in the specialty or area related to the position for which they are being considered. As of the date of approval of this act, the provisions of § 21.005 of this Act shall be applied when the officials in question lack the academic education required for the office, but are performing such functions when their appointment is submitted for confirmation by the municipal legislature.
After it has been determined that there is a difficulty to recruit certain officials under the legal requirements established for their office, the Chief Municipal Executive may submit for the consideration of the municipal legislature, which shall then consider other candidates qualified for the position pursuant to the provisions and alternate requirements for recruitment established in the Classification and Compensation Plan and the Personnel Regulations in effect that apply to confidential employees. In case a municipality determines that the difficulty in recruiting personnel for the offices of Director of Human Resources or Director of Finances prevails, the Chief Municipal Executive may submit for the consideration of the municipal legislature, other candidates who possess the minimum requirement of at least four (4) years of experience working for a municipality performing tasks closely related to the duties he/she will perform. However, during the first year of their appointment and in order to remain in office, they shall be required to take an integral training course offered by the Central Personnel Administration Office. These training courses shall be designed and shall address the most relevant aspects concerning the administration of human and/or fiscal resources, as the case may be. In the case of the Director of Human Resources, he/she shall likewise be required to take at least two (2) courses offered by the Central Personnel Administration Office annually and in the case of the Director of Finances, he/she shall likewise be required to take at least one course offered by said Office annually.
If the alternate requirements are not contemplated in said plan, it shall be duly amended prior to the recruitment process. In the absence of duly approved Regulations or a Compensation and Classification Plan, the nominating authority, represented by the Personnel Office, shall certify the minimum requirements desirable for the position to the municipal legislature. Such requirements shall be part of the Retribution and Classification Plan that shall be approved no later than May 31, 1997.
(a) Term to submit appointment.— The mayor shall submit the appointment of the person designated as a director of an administrative unit to the consideration of the legislature, no later than ninety (90) days after the effective date of the appointment. When the mayor does not submit said appointment within the term established above, the official thus appointed shall immediately cease in office on the date said term expires.
(b) Term for the legislature to consider appointments.— The legislature shall approve or reject the appointments of officials submitted by the mayor no later than thirty (30) days following the date they are filed in the office of the Secretary of the legislature. When the legislature neither approves or rejects said appointments within said term of thirty (30) days, it shall be understood that they were confirmed by the legislature, for all effects and purposes.
(c) Consideration of appointments.— In considering the appointments of municipal officials, the legislature’s power shall be limited to evaluate whether:
(1) The proposed candidate meets the academic training or experience requirements, or a combination of both, as established for the position through this subtitle, the Classification and Compensation Plan in effect in the municipality, or by ordinance or resolution.
(2) Has not been convicted of a felony or misdemeanor implying moral turpitude.
(3) Has not been removed from office or employment on charges of misconduct in the performance of his/her duties.
(4) Has not been found mentally unfit by a court with jurisdiction.
Any person who at the time he/she is being considered for an appointment, is holding or has held a position similar in obligations and functions in the same municipality or in another municipality, but does not meet the academic requirements, shall be considered and evaluated in accordance with his/her experience and the provisions of § 21.005 of this Act. The academic requirements pertinent to the functions that the holder of the position shall perform shall be one of the requirements to consider new candidates.
At the beginning of a new quadrennium, the reelected mayor who wishes to retain one or more of the officials must submit his/her appointment as provided in subsection (b) of this section.
(d) Rejection of appointment by the legislature.— When the legislature rejects the appointment of any official, he/she shall cease in office as of the date that the legislature notifies the mayor of its determination, in writing.
If the legislature rejects the appointment of an official for any cause or reason other than those contemplated in subsection (c) of this section, the mayor may submit him/her again, or resort to the Court of First Instance through a process of mandamus. While the legislature reconsiders the case or the court issues its decision on the recourse, the person appointed shall continue to perform the duties of the office and be paid the salary that corresponds to it.
The above procedure shall also apply for all appointments of private persons, officials and municipal employees appointed to fill any office on a board, committee or municipal body which, by provision of law or by ordinance, must be submitted to be confirmed by the legislature.
History —Aug. 30, 1991, No. 81, § 6.002; Oct. 29, 1992, No. 84, § 23; Dec. 17, 1993, No. 130, § 1; Dec. 14, 1994, No. 138, § 1; Aug. 11, 1997, No. 71, § 1; Aug. 23, 1997, No. 100, § 1.