P.R. Laws tit. 21, § 4572

2019-02-20 00:00:00+00
§ 4572. Employee files

Each municipality shall keep a file of its employees that reflects their complete history from the date they originally enter public service until the date of their definite separation from service.

(a) When an employee is moved from one municipality to another, or from one agency or dependency of the Government of the Commonwealth of Puerto Rico to a municipality, the agency or municipality from which he/she is moved shall transfer his/her file to the municipality to which he/she shall go to render services.

(b) The individual files of the employees shall be confidential in nature. Every employee shall have the right to examine his/her personal file.

(c) Everything concerning the conservation and disposition of the files of those employees who leave the service shall be established by regulations.

(d) When it is found through an administrative investigation that the imposition of corrective measures or disciplinary actions is not in order, no reference related to said investigation may be included in the personnel file of the employee. Nor shall any reference whatsoever to said investigation be included when the Board of Appeals of the Personnel Administration System or a court with jurisdiction determines that the imposition of corrective or disciplinary measures is not in order.

(e) In those cases in which the employee has been removed from office or suspended from work and salary, when the Board of Appeals of the Personnel Administration System or a court with jurisdiction orders the reinstatement of the employee to the same or a similar position to that he/she held, and after completing the compensation process, the partial or total payment of salaries, and reinstating the fringe benefits which the employee failed to receive from the effective date of the removal or the suspension from work and salary, all references to the removal or suspension from work and salary to which he/she was subject shall eliminated from the employee’s personnel file. In cases of removal, notice shall also be given to the Central Personnel Administration Office, so that any reference to the removal shall be eliminated therefrom.

In such cases and only when it is necessary to refer to the reason which motivated the payment to be made, this subtitle shall be used for said reference. It being understood that under no circumstance may direct appeals of the Personnel Administration System or the corresponding court, which rendered the removal or suspension of the employee ineffective.

History —Aug. 30, 1991, No. 81, § 12.022; July 29, 1996, No. 91, § 2; renumbered as § 11.022 on Jan. 10, 1999, No. 30, § 3; renumbered as § 11.023 on Jan. 10, 1999, No. 42, § 2.