Esta ley enmienda la Ley del Sistema de Educación Tecnológica-Ocupacional de Puerto Rico para establecer que el nombramiento del Director Ejecutivo del Consejo de Desarrollo Ocupacional y Recursos Humanos, realizado por el Gobernador con el consejo y consentimiento del Senado, será por un término indefinido, alineando este nombramiento con el de otros funcionarios del Departamento del Trabajo y Recursos Humanos.
(Approved July 26, 2003)
To amend the first paragraph in Section 5 of Act No. 97 of December 18, 1991, as amended, known as the "Puerto Rico TechnologicalOccupational Education System Act," to set forth that the appointment of the Executive Director of the Occupational and Human Resources Development Council, which is made by the Governor, with the advice and approval of the Puerto Rico Senate, shall be for a non-specific term of office.
By means of Act No. 166 of July 23, 1998, our Legislature amended Act No. 97 of December 18, 1991, also known as the "Puerto Rico Technological-Occupational Education System Act," to adjust same to the implementation of the Reorganization Plan of the Department of Labor and Human Resources, Plan No. 2 of May 4, 1994. For such purposes, the administrative entity of the System was redesignated as the Occupational and Human Resources Development Council, attached to the Component of the Department of Labor and Human Resources. The mission of the Occupational and Human Resources Development Council is to provide our citizens with the necessary opportunities to maintain adequate levels of productivity and purchasing power, emphasizing the public policy of Training and Employment.
The Council is also the administrator of Title I of the Workforce Investment Act, known as Public Law 105-220 of August 7, 1998, or federal
WIA. The purpose of the federal WIA Act is also to provide a strengthened system that offers information, orientation, and assistance to workers in search of training and employment.
By means of the amendment introduced by Act No. 166, supra, it was provided that the Occupational and Human Resources Development Council shall have an Executive Director designated by the Governor, with the advice and approval of the Puerto Rico Senate, for a term of four (4) years, and until a successor is appointed. The Executive Director of the Council, a dependency attached to the Department of Labor and Human Resources, reports directly to the Secretary of Labor, who is the person authorized by law to evaluate and approve administrative promotion, internal organization, programmatical priorities, and the coordination between the Council and the other operational components of the Department of Labor and Human Resources.
Both Section 16 of Article III and Section 6 of Article IV of the Constitution of the Commonwealth of Puerto Rico acknowledge the power of the Legislature to create, reorganize and consolidate government executive departments, as well as define their duties. The Department of Labor and Human Resources is not the exception, especially when as recently as June 3, 2002, Section 9 of Act No. 97 of June 10, 2002, as amended, known as the "Puerto Rico Vocational Administration Act," was amended by means of Act No. 74, to set forth that the appointment of the Administrator of the Vocational Rehabilitation Administration shall be made by the Governor, with the advice and approval of the Senate of the Commonwealth of Puerto Rico, with no specific term of office, to temper the process of selection of said official with that of the corresponding officials in the Right to Work Administration and the Administration for
Future Workers and Entrepreneurs Training, which along with the Council, comprise the Component of the Department of Labor and Human Resources.
After evaluating the laws that create the position of Administrator of the other three Operational Components of the Department of Labor and Human Resources, we were assured that a specific fixed term of office is not set forth for the positions, which may be due to the Governor's inherent power to designate and dispose of the official responsible for strict compliance with the responsibilities set forth in the corresponding organic acts.
However, the Executive Director of the Council is the only official of the Component of the Department of Labor and Human Resources with a specific term set forth by law, which contravenes the power of the Governor to designate the person who, under the supervision of the Secretary of Labor, shall be in charge of supervising strict compliance with the responsibilities delegated to the Council.
To adjust the legislation in effect, we hereby acknowledge the necessity of changing the first paragraph of Section 5 of Act No. 97, supra, to set forth that the office of Executive Director of the Occupational and Human Resources Development Council shall be for a non-specific term of office, subject to free appointment and removal by the Governor.
Section 1.- The first paragraph of Section 5 of Act 97 of December 18, 1991, as amended, known as the "Puerto Rico Technological-Occupational Education System Act," is hereby amended to read as follows: "Section 5.- Council: Creation and Composition. The Technological-Occupational Education Council is hereby created, which shall be the governing and normative body of the System. The
Council shall be in charge of advising, coordinating, and the setting forth of public policy, and shall be the regulating and supervising entity of the occupational development and human resources system. Said entity shall be attached to the Department of Labor and Human Resources as an operational component. The Secretary of Labor and Human Resources shall supervise, evaluate, and approve the administrative promotions, internal organization, programmatical priorities, and coordination between the Council and the other operational components of the Department of Labor and Human Resources. The council shall be composed of the Secretaries of the Departments of Education, the Family, Economic Development and Commerce, and of Labor and Human Resources, which shall be presided, by three (3) representatives of the private sector and three (3) representatives of the public interest. It is provided herein that one of the members of the Council shall be a young person of not more than 29 years of age, who has been outstanding in the technological-occupational field. The members of the private sector shall represent, among others, the industrial, commercial, banking, agricultural, and services sectors, and as part of their duties in the Council, along with the members representing the public interest, shall ensure that the System adequately addresses the educational and technological-occupational needs of Puerto Ricans. The members of the private sector and the representatives of the public sector shall be appointed by the Governor with the advice and approval of the Puerto Rico Senate. The Governor shall appoint, with the advice and approval of the Senate, an Executive Director, who shall direct the administrative and operational work of the Council. The Governor shall establish the salary of the Executive Director. All the powers and operational duties that had been transferred to the Council shall be returned to the Department of Education, the
Department of Labor and Human Resources, and the Right to Work Administration. ... Section 2.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 168 (S.B. 1825) of the $5^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend the first paragraph in Section 5 of Act No. 97 of December 18, 1991, as amended, known as the "Puerto Rico Technological-Occupational Education System Act," to set forth that the appointment of the Executive Director of the Occupational and Human Resources Development Council, which is made by the Governor, with the advice and approval of the Puerto Rico Senate, shall be for a non-specific term of office, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $17^{ ext {th }}$ of May of 2004.
Elba Rosa Rodríguez-Fuentes Director