When an employee’s conduct does not adjust to the established norms, the municipal nominating authority shall impose the corresponding disciplinary action. Verbal admonishments, written reprimands, suspensions of employment and salary and removals may be considered, among other measures.
(a) Any employee may be removed or suspended from employment and salary for just cause, and after written filing of charges and advising them of their right to an informal hearing.
In those cases that the employee’s conduct consists of the illegal use of public funds or when there are reasonable grounds to assume that the person is a real threat to the health, life or morals of the employees or the people in general, he/she may be summarily suspended from employment and salary after an informal hearing in which he/she is informed of the action to be taken and is given the opportunity to make a statement.
(b) The filing of charges shall be notified to the employee with a list of the facts that sustain the disciplinary action, and the laws, ordinances, rules or norms that have been violated by the employee. He/she shall be informed of his/her right to an informal administrative hearing to state his/her version of the facts.
(c) The mayor or the President of the Legislature in the case of an employee thereof shall determine the final action that corresponds, and shall give notice thereof to the employee. If the decision is to remove the employee or suspend him/her from employment and salary he/she shall be advised in writing of his/her right to appeal before the Personnel Administration System’s Board of Appeals, as provided in § 4552 of this title, within a term of thirty (30) days from the date of receipt of the notice.
(d) For the purposes of this subtitle, unjustified and unauthorized absence from work for five (5) consecutive days and the violation of the provisions of § 4561 of this title, among other similar situations, could be grounds for suspension from employment and salary, and removal.
When it is found through an administrative investigation that the imposition of corrective or disciplinary measures is not in order, the nominating authority or its authorized representative shall proceed according to the provision of subsections (d) and (e) § 4572 of this title.
History —Aug. 30, 1991, No. 81, § 12.012; July 29, 1996, No. 91, § 1; renumbered as § 11.012 on Jan. 10, 1999, No. 30, § 3.