Esta ley enmienda la Ley de Municipios Autónomos de Puerto Rico de 1991 para aumentar el número máximo de puestos de confianza que los alcaldes pueden establecer mediante Orden Ejecutiva, dependiendo del tamaño de la población del municipio. También establece que se requiere una ordenanza municipal para exceder este número, con un límite máximo de cincuenta (50) puestos en total.
(Approved February 20, 2004)
To amend the third and fourth paragraphs of subsection
(a) of Section 11.003 of Act No. 81 of August 30, 1991, as amended, known as the "Commonwealth of Puerto Rico Autonomous Municipalities Act of 1991" to increase the number of employees in positions of trust that the Mayor can establish by means of an Executive Order, and for other purposes.
Act No. 81 of August 30, 1991, as amended, known as the "Autonomous Municipalities Act," was approved to grant the municipalities the fiscal capacity needed to continue performing the tasks they had been carrying out up to that time, as well as to assume the new duties delegated by the Central Government, and to also use their own initiative for the creation of new services to be offered, according to the particular needs of their constituents.
This Act establishes that positions of trust shall consist of positions whose incumbents intervene or collaborate substantially in the process of establishing public policy, advising directly, or rendering direct services in this case to the Mayor or the President of the Municipal Assembly. Among these positions is that of the Secretary of the Assembly, the administrative unit directors, and those whose designations require confirmation by the Assembly through legal provision and who must meet the criteria for confidential services. Furthermore, it sets forth that the maximum number of positions of trusted employees that the municipality may designate shall be twenty-five (25) and could number fifty (50), upon approval of an ordinance authorizing this increase in positions. This limitation did
not exist before when the Municipalities were governed by the Puerto Rico Public Service Personnel Act, Act No. 5 of October 14, 1975, as amended, since it established that more than twenty-five (25) positions of trust could be approved when the organizational structure, functional complexity or size required a larger number of trusted positions for an efficient operation without imposing a maximum limit.
Although this Legislature understands that it is necessary to impose a limit on the number of positions of trust that may be designated in the municipalities, it is also necessary to extend the margin of confidential service employees that the Mayor may establish by Executive Order, so that the municipal administrations can have the necessary resources to efficiently and dully fulfill their duties, in order to address the needs of their constituents.
Section 1.- The third and fourth paragraphs of subsection
(a) of Section 11.003 of Act No. 81 of August 30, 1991, as amended, known as the "Commonwealth of Puerto Rico Autonomous Municipalities Act of 1991," are hereby amended to read as follows: "Section 11.003 - Composition of the Service
(a) ...
In municipalities with more than fifty thousand $(50,000)$ constituents, the Mayor shall establish a confidential position plan by Executive Order that includes a maximum of thirty (30) positions of trust with which it intends to operate. In municipalities with less than fifty thousand $(50,000)$ constituents, the plan shall include a maximum of twenty-five (25) positions.
When the organizational structure, functional complexity or size of the municipality requires a larger number of positions of trust, it shall
be necessary to approve an ordinance authorizing the inclusion of a larger number than thirty (30) or twenty-five (25) positions, as provided above in the confidential position plan of the municipality, which total number shall not exceed fifty (50) positions in any case.
(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. 63 (H.B. 1601) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend the third and fourth paragraphs of subsection
(a) of Section 11.003 of Act No. 81 of August 30, 1991, as amended, known as the "Commonwealth of Puerto Rico Autonomous Municipalities Act of 1991" to increase the number of employees in positions of trust that the Mayor can establish by means of an Executive Order, and for other purposes, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $24^{ ext {th }}$ of June of 2005.
Luis E. Fusté-Lacourt Director