Esta ley enmienda la Ley Núm. 197 de 2002 para clarificar que la Oficina Central de Asesoramiento Laboral y Administración de Recursos Humanos (OCALARH) es la entidad encargada de supervisar y asesorar a las agencias gubernamentales sobre la prohibición de nombramientos durante el período de transición gubernamental, según lo establecido en la Ley de Personal del Servicio Público y la Ley de Municipios Autónomos.
(Approved August 5, 2004)
To amend Section 22 of the Act to Regulate the Transition Process of the Government of Puerto Rico, Act No. 197 of August 18, 2002, to set forth and clarify that it is the duty of the Central Labor Advisory and Human Resources Administration Office to supervise and advise the government agencies concerned regarding the prohibition set forth in Section 4.7 of the Puerto Rico Public Service Personnel Act, Act No. 5 of October 14, 1975, as amended and in the Autonomous Municipalities Act of the Commonwealth of Puerto Rico of 1991, Act No. 81 of August 30, 1991, as amended.
The Act to Regulate the Transition Process of the Government of Puerto Rico, Act No. 197 of August 18, 2002, known as the Act for the Transitional Process of Government, is geared toward regulating the process of change of Government in the Executive Branch, after the general elections are held, in order to guarantee an orderly and efficient transition from one administration to another. The administration of the Act pursuant to the adopted regulations is the duty of the Department of State of the Commonwealth of Puerto Rico.
In Section 22, Act No. 197 sets forth a prohibition on appointments that prohibits the secretaries, and the agency, department and public corporation chiefs from designating confidential or career personnel during the transition period, which shall extend from the fourth day after the general elections are held in Puerto Rico up to on or before December 31 of the year of the elections. This prohibition is absolute in nature, which may affect public service when urgent needs which cannot be postponed that require the hiring of employees to address
them arise. However, in Section 4.7 of the Public Service Personnel Act a prohibition is already set forth on performing actions regarding personnel which involve the areas essential to the merit principle, defined in the Act itself, its regulations and in other areas.
The Central Office for Labor Assessment and Human Resources Administration (OCALARH) is the public agency upon which the tasks of the preparation, issuing and administration of the rules that shall take effect during each period of election prohibitions have been delegated by law. This includes the granting of dispensations from the prohibition when so allowed by the urgent needs of services and the justifications of the nominating authorities.
As a matter of fact, with the approval of the Autonomous Municipalities Act of the Commonwealth of Puerto Rico, the period of prohibitions for municipal governments was upheld, and the power of OCALARH to perform the aforementioned duties was certified. In other words, the specialized knowledge of the Office regarding this matter was acknowledged.
The prohibition on appointments contained in Act No. 197, directly affects the duties regarding election prohibitions to be performed by OCALARH, pursuant to Act No. 5 and its regulations. Therefore, Section 22 of Act No. 197 must be amended to set forth that the administration of the election prohibition rests upon OCALARH, and the administration of the transition process corresponds to the Department of State.
Section 1.- Section 22, Prohibition of Appointment, of Act No. 197 of August 18, 2002, known as the "Act for the Transitional Process of Government," is hereby amended to read as follows:
Section 22.- Prohibition of Appointments (A) The secretaries, and the agency, department and public corporation chiefs
shall not carry out personnel transactions that involve the essential areas of the principle of merit, pursuant to the provisions set forth in Section 4.7 of Act No. 5 of October 14, 1975, as amended, known as the Public Service Personnel Act, during the transition period.
It is the duty of the Central Office for Labor Assessment and Human Resources Administration to supervise and oversee compliance with the prohibition on carrying out personnel actions that involve the areas essential to the merit principle and others set forth by Law.
Section 2.- Effectiveness This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 201 (S.B. 2679) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Section 22 of the Act to Regulate the Transition Process of the Government of Puerto Rico, Act No. 197 of August 18, 2002, to set forth and clarify that it is the duty of the Central Labor Advisory and Human Resources Administration Office to supervise and advise the government agencies concerned regarding the prohibition set forth in Section 4.7 of the Puerto Rico Public Service Personnel Act, Act No. 5 of October 14, 1975, as amended and in the Autonomous Municipalities Act of the Commonwealth of Puerto Rico of 1991, Act No. 81 of August 30, 1991, as amended, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $19^{ ext {th }}$ of october of 2004.
Elba Rosa Rodríguez-Fuentes Director