Ley 185 del 2001
Resumen
Esta ley enmienda la Ley de la Policía de Puerto Rico para establecer un procedimiento para la transferencia de sus miembros. Otorga al Superintendente de la Policía amplia discreción para rotar y transferir personal según las necesidades del servicio, buscando optimizar la distribución de la fuerza laboral y fomentar que los oficiales sirvan en o cerca de sus comunidades.
Contenido
(No. 185)
(Approved December 28, 2001)
AN ACT
To amend Section 15-A of Act No. 53 of June 10, 1996, known as the "Puerto Rico Police Act" to establish a procedure for the transfer of members of the Police Force.
STATEMENT OF MOTIVES
Act No. 71 of April 25, 2000 amended, Act No. 53 of June 10, 1996, known as the "Puerto Rico Police Act" to establish the procedure for the transfer of members of the police force. As a result, a mechanism was established through which the members of the Police shall request their petition in writing and the same shall be considered chronologically, in the order received.
Thus, under said Act, transfer request lists were created for each rank of the Corps. However, in the case of Officials, Act No. 71 recognizes an ample managerial discretion to order or to revoke the transfer of officers based on the needs of the public service rendered by the Puerto Rico Police to the country. In all other cases, the power to specially consider transfers in cases that are extraordinary, meritorious, or for urgent need of the service, is also recognized.
As a result of the application of said Act, the Police Superintendent is limited, in the exercise of his administrative powers, to designate the personnel he deems necessary wherever he deems prudent. Such power,
which in other agencies does not seem to be of great importance, is vital for agencies that attend areas of public safety. As an analogy, nobody would question the power of the commander of an army to make transfers he/she deems pertinent, with the needed speed to attend to the functions he/she perform and to achieve the desired objectives.
Likewise, said provision has become limiting to attain the public policy that the members of the Puerto Rico Police to render their services in or near the communities where they live. This concern is aggravated by the number of members of the force who have to leave their communities each day in order to render their public safety services in distant towns, thus wasting in transit valuable time, away from their homes and families.
In view of this situation, the significant number of members of the Puerto Rico Police force, who desire to render their services in their own communities and are transferred for years to distant places, is a grave concern for the Legislature. The purpose of the transfer policy should be to encourage the community police officer, in which the public servant knows the community and renders protection and safety services in or near his/her place of birth.
This Act shall also give the Police Superintendent greater flexibility to strengthen safety and the police presence in places that he/she deems necessary, in harmony with the established planning and his vision of management.
BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:
Section 1.- To amend Section 15-A of Act No. 53 of June 10, 1996, as amended, known as the "Puerto Rico Police Act" to read as follows: "Section 15-A.- Transfers
It shall be the public policy of the Puerto Rico Police, implemented through the sound discretion of the Superintendent, to rotate its members in order to train them in the various operating functions carried out by this Agency.
The Superintendent shall have broad powers and discretion to consider and direct the transfer of any of the members of the Force he/she deem necessary for the best use and distribution of manpower.
Every transfer, except those carried out by request of the member of the Police force, shall be deemed to meet the requirements of the service."
Section 2.- This Act shall take effect immediately after its approval.
CERTIFICATION
I hereby certify to the Secretary of State that the following Act No. 185 (H.B. 1729) of the $2^{ ext {nd }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Section 15-A of Act No. 53 of June 10, 1996, known as the "Puerto Rico Police Act" to establish a procedure for the transfer of members of the Police Force, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $7^{ ext {th }}$ of February of 2005.
Luis Fusté-Lacourt Director