Esta ley enmienda la "Urban Centers Revitalization Act" para permitir que la Dirección de Urbanismo, adscrita al Departamento de Transportación y Obras Públicas, recomiende la contratación de empleados y funcionarios públicos de otras agencias para trabajar en proyectos de revitalización urbana, eximiéndolos de ciertas restricciones éticas y del Código Político.
(Approved June 26, 2003)
To amend Section 2.02
(d) of Act No. 212 of August 29, 2002, known as the "Urban Centers Revitalization Act," to authorize the Urbanism Directorship, adjoined to the Department of Transportation and Public Works, to recommend to the Secretary of the Department of Transportation and Public Works the contracting of services of employees and officials of any department, agency, instrumentality or political subdivision of the Commonwealth of Puerto Rico, without having the provisions set forth in Section 177 of the "Puerto Rico Political Code" apply to such public employees and officials, nor shall same be subject to the provisions set forth in subsection
(f) of Section 3.2 of the "Ethics in Government Act," Act No. 12 of July 24, 1985, as amended.
The "Urban Centers Revitalization Act" was created by means of Act No. 212 of August 29, 2002. The purpose of same is to set forth comprehensive plans for ordering and revitalizing urban centers in the towns and cities of Puerto Rico. This objective is part of the public policy geared toward repopulating and rebuilding urban centers through the development of housing projects, community areas, commercial areas, parks and recreational areas, the construction and repair of structures, and the development of empty lots and under-used lands. The aforementioned are an attempt to temper responsibly the needs of progress with community life and the conservation of the environment.
As part of the "Urban Centers Revitalization Act," the Urbanism Directory, adjoined to the Department of Transportation and Public Works, was created to establish an agile and efficient government organization that, removing from typical processing those procedures pertaining to this objective, would achieve the short-term identification of our urban centers and define an aggressive and comprehensive process with the municipalities, the citizenry and the private sector to build the inhabitable city. In the Statement of Motives of the "Urban Centers Revitalization Act," it was acknowledged that the Inhabitable City is the city of peaceful coexistence, the city that is save twenty-four hours a day, the city that binds the people with the physical installations and with activities. The Inhabitable City is the place in which one can walk, where people are socially bonded, and in which total inter-relationships produce a very good quality of life.
For purposes of having the Urbanism Directorship achieve the goals and the public policy set forth in the "Urban Centers Revitalization Act," ample powers were granted to same, including the power to adopt regulations, to execute administrative and management orders, and to plan, direct and supervise activities, operations and transactions, as well as flexible powers, such as the power to recommend to the Secretary of Transportation and Public Works the contracting, without holding auctions, of the technical and professional services necessary to carry out the purposes of this Act and to recommend to the Secretary of Transportation and Public Works to name, without being subject to the laws of personnel of the Commonwealth of Puerto Rico, the personnel that is deemed necessary for compliance with the responsibilities set forth herein.
Due to the ample and broad task that was entrusted to the Urbanism Directory, it has been determined that it is necessary to allow said Agency to
recommend to the Secretary of the Department of Transportation and Public Works to contract public employees and officials without it being considered that same implies an infraction against Section 177 of the "Puerto Rico Political Code." Thus, the Directory shall be able to have the technical, artistic or specialized personnel of other government dependencies that shall allow same to comply with the purposes of the "Urban Centers Revitalization Act."
This Legislature has hereby set forth exceptions to the prohibition in Section 177 of the Political Code in those cases in which it is deemed necessary for compliance with the Public Policy of the State. In agreement with all of the above, the Legislature deems that in the case of the Urbanism Directory it is plainly justified to allow same, by exception to Section 177 of the Political Code, to recommend the contracting of employees and officials of other government dependencies.
Section 1.- Section 2.02
(d) of Act No. 212 of August 29, 2002, is hereby amended to read as follows: "Section 2.02
(d) .-Powers and Duties of the Executive Director of the Directory.
The Executive Director of the Directory shall have all the necessary powers to carry out his/her responsibilities pursuant to this Act, and to achieve the objectives pursued by same, including, but not limited to, the following:
(a) ...
(b) ...
(c) ...
(d) Recommend to the Secretary of Transportation and Public Works to contract, without holding auctions, the technical and professional services necessary to carry out the purposes of this Act. In addition, the Directorship shall recommend to the Secretary the contracting of the services of employees and officials of any political agency, instrumentality or dependency of the Commonwealth of Puerto Rico outside working hours, and to pay the due compensation for the additional services rendered. The public employees and officials so contracted by the Secretary shall not be subject to subsection
(f) of Section 3.2 of Act No. 3.2 of Act No. 12, of July 12, 1985, as amended, known as the "Puerto Rico Ethics in Government Act," nor the provisions set forth in Section 177 of the Political Code. This provisions shall be of application exclusively for the artist or persons who expose their works of art in the Revitalization of Urban Centers.
Section 2.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 147 (H.B. 3655) of the $5^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Section 2.02
(d) of Act No. 212 of August 29, 2002, known as the "Urban Centers Revitalization Act," to authorize the Urbanism Directorship, adjoined to the Department of Transportation and Public Works, to recommend to the Secretary of the Department of Transportation and Public Works the contracting of services of employees and officials of any department, agency, instrumentality or political subdivision of the Commonwealth of Puerto Rico, etc., has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $25^{ ext {th }}$ of March of 2004.
Elba Rosa Rodríguez-Fuentes Director