P.R. Laws tit. 21, § 4557

2019-02-20
§ 4557. Provisions on classification of positions and compensation—Recruitment and selection

Every municipality shall offer the opportunity to compete for career positions to any qualified person who wishes to participate in the public functions of the municipality. This participation shall be established according to merit, without discrimination based on race, color, sex, birth, age, sexual orientation, gender identity, social origin or condition, or religious or political beliefs.

(a) General conditions for entrance.— The following general conditions are hereby established for entrance to municipal public service:

(1) Be physically and mentally able to perform the duties of the position.

(2) Be a citizen of the United States of America, of Puerto Rico, or a foreigner duly authorized to work in the United States of America.

(3) Not have incurred in [sic] dishonorable conduct.

(4) Not have been separated from the public service for causes that disqualify him/her.

(5) Not have been convicted of a felony or any other crime that implies moral turpitude or infraction of official duties.

(6) Not be addicted to the habitual use of controlled substances or alcoholic beverages.

(7) Not have submitted, or attempted to submit false or deceitful information on examination or employment applications.

The last five (5) causes shall not apply when the candidate has been rehabilitated for public service by the Director of the Personnel Administration Central Office.

(b) Minimum requirements.— The minimum requirements to fill each position shall be established on the basis of the qualifications established in the specifications for the class of position. The requirements shall be directly related to the functions of the position at all times.

Every person who is appointed to a career or transitory position shall meet the minimum requirements established for the class of position and the general conditions to enter municipal public service.

(c) Public notice of employment opportunities.— The mayor shall publish all employment opportunities by means of communications that best adjust to the municipality’s circumstances, and as provided by regulations.

(d) Competitive and recruitment process.— The process of recruitment shall take place in a systematic and objective fashion, through a competitive process that will allow all candidates to positions to compete under equal conditions, through tests for each class, such as: written, oral or performance tests; or objective evaluations of academic training; and experience of the candidates.

Every person who is tested must obtain a minimum grade in said test, in order to [qualify], and then his/her name shall be entered in a registry of eligible candidates.

The names of all tested persons shall be entered in this registry in a strict descending order, according to the grade obtained, and this shall constitute the list of eligible candidates for the class of position he/she was tested for.

Any person who has been tested shall be able to ask for a revision of the result of his/her test or evaluation, which shall in no [way] exceed fifteen (15) days as of the date of the official notice of the results, and pursuant to the norms adopted for said evaluation.

The regulations adopted by the municipality shall provide for everything related to the cancellation of the registers of eligible candidates, when they not longer respond to the need of services. It shall also provide that said cancellation be notified, in writing to all candidates whose names appear in them.

History —Aug. 30, 1991, No. 81, § 12.007; Apr. 13, 1995, No. 36, § 39; renumbered as § 11.007 on Jan. 10, 1999, No. 30, § 3; May 29, 2013, No. 22, § 9.