The Office of the Commissioner of Municipal Affairs shall be an “Individual Administrator”, pursuant to the definition of this term in Act No. 5 of October 14, 1975, known as the “Puerto Rico Public Service Personnel Act”. The Commissioner shall adopt the rules and regulations provided by law that are necessary for the administration of its personnel system. Office personnel shall be classified as career and confidential. The Office may not approve more than twenty-five (25) confidential positions, among which are included the Commissioner and Deputy Commissioner and their personal secretaries and drivers, as well as the executive and administrative assistants who answer directly to the Commissioner. The remaining employees and officials of the Office of the Commissioner of Municipal Affairs shall be included in the career service.
The personnel rules approved by the Commissioner shall guarantee to every person who, prior to serving as confidential employee of the Office, had been a career employee in any other public agency, or a municipality, the right to be reinstated in a position of the same or similar nature and category to that he/she held as a career employee at the moment he/she transferred to the confidential position.
The Commissioner may assign a larger salary than that received by other personnel of equal or similar levels in other public agencies, to the personnel required to have competency and special knowledge of the municipal government and its operation and functioning.
The personnel of the Office of the Commissioner may avail themselves of the benefits of §§ 761 et seq. of Title 3, known as the “Employees Retirement System of the Government of Puerto Rico and its Instrumentalities”, and of §§ 862 et seq. of Title 3, which creates the Savings and Loan Fund of the Commonwealth of Puerto Rico Employees Association.
The officials and employees of the Office shall be governed by the provisions of §§ 1801 et seq. of Title 3, known as the “Government Ethics Act of the Commonwealth of Puerto Rico”. When the services of an official or employee of this Office are required in a municipality or vice-versa, and this subtitle or the Government Ethics Act of the Commonwealth of Puerto Rico does not allow it, the Governor may grant a dispensation for the application of said act[s].
History —Aug. 30, 1991, No. 81, § 19.006; Oct. 29, 1992, No. 84, § 100; Apr. 13, 1995, No. 36, § 60.