P.R. Laws tit. 3, § 8851

2019-02-20 00:00:00+00
§ 8851. Definitions

For the purposes of this chapter, the following terms shall have the meaning stated hereinbelow:

(1) Governor’s Committee on Government Integrity and Efficiency.— Entity created by virtue of this chapter, hereinafter “the Committee”.

(2) Corruption.— Misuse of power by public officials for wrongful private gain, a practice that consists of using public functions and means for the benefit, financial or otherwise, of those who participate therein.

(3) Effectiveness.— The achievement of the objectives or results of a program or activity with the available resources within a definite amount of time.

(4) Efficiency.— The ability to attain the objectives and goals set with the least available resources and time, achieving their optimization; to obtain the highest yield from a definite amount of resources.

(5) Public employee.— Any person who holds a position or job in the Government of the Commonwealth of Puerto Rico who is not vested by the sovereignty of the State; this includes regular and non-regular public employees, those who render services equivalent to a regular position or office, trust employees, transitory appointees, and employees on probation under contract.

(6) Government entities.— The agencies, departments, offices, and instrumentalities of the Executive Branch, including public corporations.

(7) Fraud.— According to the Penal Code of Puerto Rico, when a person fraudulently induces another person to perform acts or omissions that affect the proprietary rights or interests on the real or personal property of the State; or performs acts or omissions that deprive another person or affect the proprietary rights or interests on the real or personal property of said person to the prejudice of the same or of a third party.

(8) Public official.— Any person who holds an office or carries out a duty, whether or not for compensation, either permanently or provisionally, by virtue of any kind of appointment, contract, or designation for the Legislative, Executive, or Judicial Branch or any Municipal Government of the Commonwealth of Puerto Rico. This includes persons who represent the public interest and are designated to hold office in any board, public corporation, instrumentality, and its subsidiaries of the Commonwealth of Puerto Rico, as well as those who are entrusted with notarial public faith.

(9) Integrity.— Honesty, transparency, and flawlessness in public administration.

(10) Office of Management and Budget.— Government agency created by virtue of §§ 101 et seq. of Title 23.

(11) Office of the Inspector General of the Government of Puerto Rico.— Entity created by virtue of this chapter to strengthen the prevention, oversight, investigation, and auditing mechanisms in government; hereinafter, “the Office”.

(12) Government Auditing Standards.— Standards adopted by the American Institute of Certified Public Accountants (hereinafter, the AICPA). These standards establish quality in the performance of auditing procedures.

(13) Transparency.— To publicly disclose information regarding the decisions, public policy practices, and results of the Government so as to facilitate its relationship with the People by keeping public administration open to the People’s opinion regarding public policy and services; moreover, to broaden and make accountability customary and reduce the risk of corruption.

(14) Unethical actions.— Acts recognized by each individual and by society as contrary to morality, ethics, or the law. It includes fraud, corruption, abuse of power, embezzlement of funds, misappropriation of funds, personal use of public funds, unjust enrichment, depriving the People of honest services, intentional negligence in the discharge of duties, and others.

History —Apr. 16, 2010, No. 42, § 3.