P.R. Laws tit. 23, § 9012q
The staff of the Regulations and Permits Administration and the Board of Appeals on Construction and Lot Division, as well as the staff of all other concerned government entities who on the effective date of this act is holding a regular position with permanent status within the Career Service, is hereby transferred with regular career status to the Management Office, the Reviewing Board or the Office of the Chief Permit Inspector, as may correspond. Trust-position employees who on such date were entitled to reinstatement pursuant to the provisions of § 1465a of Title 3, which reforms the Human Resources Administration System of the Government of Puerto Rico, shall be transferred with trust-position status and remain in office with such status until the Appointing Authority determines to reinstate them with career status.
Transfers shall be made in consideration of the functions discharged by each employee for the Regulations and Permits Administration and for all other concerned government entities, but subject to the staffing needs of and the financial resources available to the Management Office and contingent upon the volume of cases received by the said Office.
The Management Office shall be a successor employer pursuant to the case law established in our body of laws, and the staff shall retain the same rights and benefits it had, as well as any rights and duties in connection with any pension or retirement system or savings and loan fund. Employees transferred from concerned government entities who are members of an appropriate collective bargaining unit under the provisions of §§ 1451 et seq. of Title 3, shall retain such right and may assemble into a new proper unit pursuant to the procedures established under the said sections, after an election has been held to select their labor union representative.
The classification, reclassification, and compensation of job positions shall be established according to the job classification and compensation plans applicable in the Management Office. Employees thus transferred shall, at the least, meet the basic requirements of the classification of the job to which their functions are assigned.
All other matters relative to Management Office staff and human resources shall be handled by the Executive Director and the Chief Permit Inspector through an administrative order to that effect, in coordination with the Administrator of the Regulations and Permits Office and the heads of the concerned government entities, when applicable, in compliance with all laws relative to government staff administration presently in effect, including Act No. 7 of March 9, 2009, known as the “Special Act to Declare a State of Fiscal Emergency and to Establish a Comprehensive Fiscal Stabilization Plan to Salvage the Credit of Puerto Rico”. The Executive Director shall work in coordination and cooperation with the Administrator of the Regulations and Permits Administration, the Chair of the Board of Appeals on Construction and Lot Division, and the heads of the concerned government entities, in all matters relative to the transfer of staff. Likewise, the Executive Director of the Management Office, the Administrator of the Regulations and Permits Administration, and the Chair of the Board of Appeals on Construction and Lot Division are hereby authorized to issue any such administrative orders as necessary to comply with this chapter and its public policy in all matters relative to the staff assigned to these bodies, in harmony with all provisions set forth in this chapter.
History —Dec. 1, 2009, No. 161, § 2.18.