Esta ley enmienda el Artículo 177 del Código Político de 1902 para eximir a los empleados de los programas de Música, Teatro y Artes Plásticas del Instituto de Cultura Puertorriqueña de la prohibición de recibir doble paga por servicios adicionales fuera de sus horas regulares de trabajo, siempre y cuando cuenten con autorización previa.
| (No. 286) | |
|---|---|
| (Approved September 15, 2004) |
To amend subsection
(a) of Article 177 of the Political Code of 1902, as amended, to exempt the employees of the Music, Theater and Plastic Arts programs of the Institute of Puerto Rican Culture from the prohibition on double pay.
The conservation, promotion, enrichment and diffusion of our cultural values is the public policy of the Commonwealth. This Administration is committed to providing the necessary tools for the development and dissemination of our cultural heritage.
The Institute of Puerto Rican Culture, created by virtue of Act No. 89 of June 21,1955 , is the entity responsible for enforcing the public policy with respect to the development of the arts, the humanities and the culture of our people. This mission is channeled through its programs or divisions. We, the people of Puerto Rico, are the main beneficiaries of all the projects and initiatives carried out by this institution.
Article 177 of the Political Code of 1902 establishes as a cardinal principle that no officer or public employee shall receive "additional pay or extra compensation of any kind" from the Government for services rendered in addition to the regular duties unless said additional pay or extra compensation is expressly authorized by law. However, the Legislature, in the exercise of its inherent powers to amend the laws, has provided several exceptions to the referred Article. Article 177 exempts
physical education professors and fine arts professors of the Department of Education, among others, from this prohibition.
Section 3 of Act No. 89 empowers the Institute of Puerto Rican Culture to pay due compensation for additional services rendered by employees from other agencies who render services out of regular hours without being subject to the provisions in Article 177 of the Political Code. However, its employees do not enjoy the same benefit when they work or participate in the activities of other agencies. Especially, the members of the Music, Theater and Plastic Arts programs, who contribute significantly to the organization, preparation and display of activities, concerts and exhibits sponsored by other government agencies.
For the aforementioned reasons, this Legislature deems that the members of the Music, Theater and Plastic Arts programs of the Institute of Puerto Rican Culture should be excluded from the restrictions set forth in Article 177 of the Political Code of 1902.
Section 1.-Subsection
(a) of Article 177 of the Political Code of 1902, as amended, is hereby amended to read as follows: "Section 177. -Extra Pay Prohibited Unless Authorized by Law
(a) No officer or employee regularly employed in the service of the Commonwealth Government or of any municipality or dependency thereof, whose salary, pay, or emolument is fixed according to the law, shall receive any additional pay or special compensation in any manner or of any kind from the Commonwealth Government, or from the municipality, board, committee, or dependency thereof, for personal or official services of any sort, even if rendered in addition to the regular duties of said official or employee, unless said additional pay or special compensation is expressly authorized by law, and the
appropriation thereof explicitly states that it is for said additional pay or extra compensation. Provided, however, that nothing of the herein provided shall be applicable to physicians, dentists, pharmacists, dental assistants, nurses, practitioners, X-ray technicians and laboratory personnel rendering such services to the Commonwealth of Puerto Rico or to any municipality, who may receive additional pay for such service according to the additional work performed after regular working hours or while on vacation if, when requested, they choose to do so. Provided, that "regular hours" shall be understood to be eight (8) hours daily and not more than forty-four (44) hours weekly. The head of the concerned agency and the Administrator of the Central Labor Advisory Office and the Human Resources Administration shall give their prior authorization so that any physician, dentist, pharmacist, dental assistant, nurse, practitioner, Xray technician or laboratory personnel may render services to the Commonwealth of Puerto Rico while on vacation and receive additional pay for said service. Also exempted from the prohibition of double pay are physical education professors and fine arts professors of the Department of Education who render services out of regular hours to develop recreational programs sponsored by the municipalities and computer programmers and computer systems technicians that render services out of regular working hours during the years 1999 and 2000 to attend to the Y2K problem, as well as employees of the Music, Theater and Plastic Arts programs of the Institute of Puerto Rican Culture that render services out of regular working hours to any agency, instrumentality, public corporation or municipality of the Commonwealth of Puerto Rico, with prior written
authorization from the Executive Director of the Institute of Puerto Rican Culture. Provided, further, that nothing herein contained shall be construed in the sense of affecting or modifying any provision of the laws in effect wherein the suspension in whole or in part of the provisions of this Section is directed.
(b) ...
Section 2.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 286 (H.B. 3945) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend subsection
(a) of Article 177 of the Political Code of 1902, as amended, to exempt the employees of the Music, Theater and Plastic Arts programs of the Institute of Puerto Rican Culture from the prohibition on double pay, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $24^{ ext {th }}$ of October of 2005.
Francisco J. Domenech Director