P.R. Laws tit. 21, § 4902

2019-02-20 00:00:00+00
§ 4902. Office—Duties and responsibilities

The Office of the Commissioner, in addition to other duties provided in this subtitle or in any other statute, shall have the following duties and responsibilities:

(a) Regulate, advise and provide technical and professional assistance to the municipalities in those matters related to their organization, administration, functioning and operations.

(b) Regulate, advise and provide technical assistance to the municipalities in drafting and presenting the muncipalities general budget of income and expense bill.

(c) Establish general guidelines to regulate the process of drafting of the general income and expense budget bill resolution of the municipalities and the administration thereof.

(d) To receive a copy of the Budget Resolution Bill, as provided in § 4301 of this title.

(e) Design or approve, subject to this subtitle, the fiscal organization, uniform computerized accounting system and disbursement, income and property procedures that every municipality must establish and follow.

(f) Require the municipalities to keep their accounts, records, registries, property controls and anything else provided in this subtitle, in order, pursuant to the rules and regulations adopted to such effects.

(g) Adopt the norms and regulations needed to govern the accounting of municipal income and disbursements, the custody, control, care and accounting of municipal property, and intervene, from time to time, to determine and require compliance of said norms and regulations.

(h) Audit the fiscal organization and the accounting systems and procedures established in the municipalities, from time to time, in order to verify that they are being applied as provided by law and regulations and whether they fully meet their purpose.

(i) Verify that the payment in lieu of taxes that public corporations are obliged to pay to the municipalities is correct.

(j) Establish, by regulations, the requirements, standards and procedures for the contracting of services of external auditors, which each municipal government must hire to carry out their single audits.

(k) Advise the Governor with regard to the petitions of any municipality for authorization to grant contracts in which a member of the legislature, official or municipal employee has a direct or indirect monetary interest.

(l) Promote contracts between municipalities for jobs, works, public improvements, rendering of services, acquisition of materials, equipment, supplies and other, as well as any activity or operation within municipal jurisdiction, provided they are of benefit to the municipalities.

(m) See that technical aid and professional advice is made available to the municipal legislatures at their request.

(n) Promote continuing education programs for the mayors, legislature members and municipal officials and employees, so as to orient them on the municipal laws, regulations, procedures and systems, as well as on the options and programs used in other jurisdictions to handle the various problems, needs and matters of municipal concern. In the case of the directors of administrative units, the Office of the Commissioner of Municipal Affairs shall establish a Compulsory Training and Continuing Education Program, according to the corresponding position or administrative unit. The Compulsory Training and Continuing Education Program, for the Director of the Office of Human Resources and Finance, shall be drafted taking into consideration the recommendations of the Central Personnel Administration Office.

(o) Prepare and keep an updated catalogue or handbook of municipal procedures and systems, which shall include the laws, regulations, orders, standards and decisions that apply to municipalities in general, with the annotations and comments that are necessary or convenient for the orientation of its users about the municipal government’s processes and systems.

(p) Establish and keep an updated central system of statistics by municipality where municipalities and public agencies shall provide the Commissioner, at his/her request, the information needed for the purposes of said system.

(q) Evaluate laws that apply to municipalities and submit recommendations to the legislature about legislative actions he/she deems should be adopted.

(r) Supply the Municipal Revenue Collection Center with the information required by the latter to determine and periodically review the relative and absolute contribution of the State or federal governments to the Citizen Participation Program for Municipal Development for each municipality, on the basis of the most recent statistical data collected for each municipality regarding its population and families with an income of less than two thousand dollars ($2,000) per year.

(s) Make the final pertinent decision whenever any discrepancies arise in a municipality between the mayor and the municipal legislature regarding the approval or disapproval of the ordinance concerning the proposal for improvements using funds proceeding from the Citizen Participation Program for Municipal Development. To that effect, the mayor and the municipal legislature shall render a report to the Commissioner detailing the facts which motivated said discrepancy. The Commissioner shall make the final decision after consulting with the Municipal Revenues Collection Center and the Government Development Bank and must inform the mayor and the municipal legislature as to the latter.

(t) Require the mayors of the municipalities of Puerto Rico to submit a report on the uses given to the legislative funds appropriated, accounted for and used by the municipalities during the fiscal yeas every six (6) months. These reports shall include documents, invoices and vouchers that document the use of such funds, shall be presented to the Commissioner of Municipal Affairs no later than July 31 and January 31 of each year. In the event that the legislative appropriation has not been used because of the requirement of additional matching funds that have not been budgeted, the required report must be rendered, stating said fact.

(u) Give advice and the necessary assistance to the municipalities for the implementation of the Public Law and Order Codes.

History —Aug. 30, 1991, No. 81, § 19.002; Oct. 29, 1992, No. 84, § 99; Apr. 13, 1995, No. 36, § 59; July 3, 1996, No. 64, § 36; renumbered as § 39 on Aug. 12, 1997, No. 75, § 35; July 24, 1998, No. 169, § 9; Dec. 31, 1998, No. 343, § 4; Jan. 13, 2000, No. 24, § 1; Sept. 7, 2004, No. 258, § 42; Dec. 30, 2005, No. 169, § 2.