Esta ley enmienda la Ley de Ética Gubernamental para prohibir a los funcionarios y empleados públicos del Poder Ejecutivo el uso de emblemas, insignias o logotipos de partidos políticos o candidatos mientras desempeñan sus funciones, con el fin de evitar la apariencia de parcialidad política y garantizar la objetividad en la prestación de servicios públicos.
(Approved January 3, 2003)
To add subsection
(j) to Section 3.2 of Act No. 12 of July 24, 1985, as amended, known as the "Ethics in Government Act of the Commonwealth of Puerto Rico," to prohibit the use of partisan political emblems or insignias by public employees while in the exercise of their duties.
Section 1 of Article II of the Constitution of Puerto Rico sets forth in the Bill of Rights the prohibition of discrimination on account of race, color, sex, birth, social origin or condition, or political or religious ideas. This constitutional guarantee constitutes a bulwark in our democratic society, which we must defend and ensure it is respected. The State is bound to seek that in the exercise of its public duties political discrimination is not only prohibited, but also that the appearance of political partisan partiality is avoided. It is harmful to the State to have its public officials and employees advertise their political partisan ideas in the workplace during work hours. The use of political partisan insignias or emblems in the workplace is detrimental to government activities. This affects the appearance of objectivity that must be upheld in the rendering of public administration services. This practice, although ostensibly voluntary, turns out to be an element of pressure that forces officials to identify themselves in order to receive benefits or preferential treatment.
The Governess of Puerto Rico, the Hon. Sila María Calderón, recently signed executive order OE 2001-2 prohibiting said practice. Likewise, Mr. Francisco Agrait, Secretary General of the Supreme Court of Puerto Rico, signed Resolutions EP-97-6 and EP-97-2 prohibiting said practice by employees of the General Court of Puerto Rico. Furthermore, the Rules of Conduct Manual of the State Elections Committee prohibits the practice of using political partisan emblems. Therefore, it is understood that this norm applies to the employees of the Executive Branch of Puerto Rico. In order to guarantee excellence in public service, which has always distinguished our public employees, and for purposes of guaranteeing the best possible yield, free of political partisan discrimination, the Legislature of Puerto Rico deems necessary the prohibition of the use of emblems, insignias, or logos that identify a political party while public employees are exercising their duties. We consider that we must include the municipalities of Puerto Rico and their executives in this prohibition.
Section 1.-Subsection
(j) is hereby added to Section 3.2 of Act No. 12 of July 24, 1985, as amended, to read as follows: "Section 3.2.-General Ethical Prohibitions
(a) ...
(b) ...
(c) ...
(d) ...
(e) ...
(f) ...
(g) ...
(h) ...
(i) ...
(j) No public official or employee of the Executive Branch may use any representative motifs, emblems, logos, buttons, transfers, stickers, signs, or insignias of any political party or candidate, or identify or promote, directly or indirectly, the electoral interests of any political party or candidate while in the performance of their duties, regardless of the location in which same are rendering their services."
Section 2.-The Office of Government Ethics is hereby empowered to promulgate the regulations it deems necessary for the application of this Act, pursuant to the dispositions set forth in Act No. 170 of August 12, 1988, as amended, known as the Uniform Administrative Procedures Act.
Section 3.-This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 41 (H.B. 357) of the $4^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to add subsection
(j) to Section 3.2 of Act No. 12 of July 24, 1985, as amended, known as the "Ethics in Government Act of the Commonwealth of Puerto Rico," to prohibit the use of partisan political emblems or insignias by public employees while in the exercise of their duties, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $31^{ ext {st }}$ of January of 2004.
Elba Rosa Rodríguez-Fuentes Director