Ley 178 del 2001

(No. 178)

(Approved December 21, 2001)

AN ACT

To establish by law the guidelines for the participation of certain officials of the Government of the Commonwealth of Puerto Rico in political partisan events in order to prohibit the participation of the Secretaries of the Department of Education, the Department of Justice, and the Department of the Treasury, as well as of the Police Superintendent in political partisan events held in Puerto Rico and the United States.

STATEMENT OF MOTIVES

Corruption in Government is a social evil that has increased dramatically in the past few years in Puerto Rico. Top government officials have been investigated, accused and imprisoned for betraying the trust of their fellow citizens and for taking advantage of their position for their own benefit and for the benefit of political partisan causes different from the highest moral standards that should govern their political duties.

As more acts of corruption are investigated and public servants are criminally, ethically and administratively prosecuted, the image of the institution of the Commonwealth of Puerto Rico is deteriorating further. This deterioration also leads to the citizen's loss of trust in these institutions. This lack of trust and respect for top government executive officials is an attempt against the right of all citizens to obtain the basic services offered by the State, notwithstanding their political beliefs.

---

On the other hand, the privatization, development and complexity of our economic system has caused a greater participation of the government in the supervision of persons and private organizations currently providing a series of services previously offered by the government. In this sense, influences exerted by government employees and top officials over enterprises and vice versa is becoming increasingly higher.

The state cannot allow government officials to take political partisan advantage due to the importance of the positions they hold. On the other hand, the state must also protect these officials from the threats and undue influences of political partisan interests in public endeavors.

Any public official who uses his/her office to further causes other than the public service, discredits the government and affects its operations. The State can no longer tolerate nor ignore the looting of public funds and government politicization any longer. This Legislature intends to establish the necessary conditions so that top public officials holding key positions in the government may be free from undue political partisan influences that affect the image, efficiency, and productivity of public service. Pursuant to the above, according the prohibitions established for members of the Judiciary and other quasi-judicial bodies, the Secretaries of the Department of Education, the Department of Justice, and the Department of the Treasury, as well as the Police Superintendent are hereby prohibited from participating in political partisan events. These Executive Branch officials are responsible for implementing the public policy of the government in their respective areas. Therefore, these prohibitions may be extended in the future to other chiefs of agencies holding positions in sensitive public service areas. This Legislature deems that educational and judicial systems, as well as the Police Corps and the Department of the Treasury are sensitive

---

public service areas in which independence of criteria is essential for a sound public administration. Public Servants who direct these areas must represent, by setting an example, the public policy of the government of promoting a sound and efficient public administration free of political partisan influences. The specific prohibition to these public officials shall not be construed by other members of the cabinet or chiefs of agencies who have not been included herein as if they have carte blanche for participating in all types of political partisan events.

In the recommendations to fight corruption remitted to the presidents of the three political parties on December 15, 1999, the Comptroller of Puerto Rico stated that legislation should be submitted to prohibit the Secretaries of the Department of Justice, the Department of the Treasury, and the Department of Education as well as the Police Superintendent to participate in political partisan events. With the approval of this measure, the Legislature assumes the position of depoliticizing key positions in the government agencies, which constitutes its support to the recommendations of the Comptroller of Puerto Rico to free the government from corruption and politics. Therefore, we submit the following:

BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO: DEFINITIONS:

Section 1.- For purposes of this Act, the following terms and phrases shall have the meanings stated below:

A- Political Party - any group of citizens defined in Section 1.003 and 3.001 of the Puerto Rico Electoral Act, Act No. 4 of December 20, 1977, as amended.

B- Political Party Internal Body - any internal body of a Political Party, Board, Directorship, Government Board, General Council,

---

Youth Groups, Women's Organization and any other of similar nature.

C- Candidate - any person who appears in the electoral ballot as an aspirant for an elective public office, as defined in Section 1.003 of the Puerto Rico Electoral Act, Act No. 4 of December 20, 1977, as amended.

D- Independent Candidate - any person who appears in the electoral ballot as a candidate for elective public office, as defined in Section 1.003 of the Puerto Rico Electoral Act, Act No. 4 of December 20, 1977, as amended.

E- Write-In Candidate - any person who appears in the electoral ballot as a candidate for elective public office as provided by the Puerto Rico Electoral Act.

F- Political Contribution - any contribution, contract, promise, agreement, donation, cash loan or of any other object of value, as defined in Section 1.003 of the Puerto Rico Electoral Act, Act No. 4 of December 20, 1977, as amended.

G- Political Event - any event in which one or more persons pomote a candidacy or political party, including without being limited to, meetings, lectures, rallies, gatherings, marathons, assemblies, coventions, walks, caravans, raffles, speeches, or any other event of similar nature, which are organized, financed or supported by political parties, candidates or organized groups of citizens in favor of or against a candidacy or matter to be considered by voters of political partisan content or status formulas.

---

PROHIBITIONS:

Section 2.- The Secretary of the Department of Justice, the Secretary of the Department of Education, the Secretary of the Department of the Treasury and the Police Superintendent are hereby prohibited from participating in the following political partisan events or other events related to political parties.

1. Political campaigns of any kind during or outside of the electoral year as established by the Constitution.
2. Be a member of any internal body, committee, or political party campaign group, political action committee or candidate.
3. Hold any position in any internal body, committee, or political party campaign group, political action committee or candidate, be it at state, municipal or federal level.
4. Meetings, gatherings, rallies, walks, assemblies, conventions, or any other similar activities that are organized or financed by political parties or political parties internal bodies or political action committees.
5. Publicly support any candidate or candidates for elective offices, be it in primary elections, general elections, special elections, or political party's internal elections.
6. Publicly support any independent candidate or candidates who aspire for elective positions.
7. Act as Polling Official in general elections, primaries, special elections or status plebiscites.
8. Contribute to candidates, political parties, or political action committees.

---

9. Organize any political event such as fund raisers, radio and television marathons, raffles, festivals and other events of similar nature, even if he/she does not make a monetary contribution.
10. Make public statements on matters of political partisan nature.
11. Require any political contribution, or monetary contribution from any person, including contractors, private persons or enterprises for rendering their services to any agency of the Government of Puerto Rico.

Section 3.- None of the officials mentioned in Section 2 may participate in the events listed therein, unless the Governor, with a previous recommendation from the Ethics Executive Director, expressly authorizes it.

Section 4.- All prohibitions typified in Section 2 of this Act shall apply to political partisan events held in Puerto Rico and the United States.

Section 5.- Any official to whom the provisions of this Act apply, who violates the provisions on political contributions shall be sanctioned by a fine of not less than $1,000 nor more than $5,000, at the discretion of the Court, and shall be subject to administrative disciplinary measures including reprimands, suspension or dismissal from charge.

Section 6.- This Act shall take effect immediately after its approval.

---

CERTIFICATION

I hereby certify to the Secretary of State that the following Act No. 178 (S.B. 205) of the $2^{ ext {nd }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:

AN ACT to establish by law the guidelines for the participation of certain officials of the Government of the Commonwealth of Puerto Rico in political partisan events in order to prohibit the participation of the Secretaries of the Department of Education, the Department of Justice, and the Department of the Treasury, as well as of the Police Superintendent in political partisan events held in Puerto Rico and the United States, has been translated from Spanish to English and that the English version is correct.

In San Juan, Puerto Rico, today $24^{ ext {th }}$ of January of 2005.

Marialma Alfau Alemán Acting Director