P.R. Laws tit. 3, § 9286

2019-02-20 00:00:00+00
§ 9286. Hiring of government workers and professional persons; exemption from other laws

(a) At any time during an emergency period, the following acts or provisions thereof shall not apply to the hiring by the Governor, the Department of the Treasury, PRIFA, any subsidiary of the Bank, and/or the Authority, on a temporary or permanent basis, of any individual that is employed by the Bank or any other government entity to work in the Governor’s office, the Department of the Treasury, PRIFA, any subsidiary of the Bank, and/or the Authority on matters related to the restructuring of any covered obligation or adjusting of any covered obligation, implementing liability management transactions for covered obligations, managing the fiscal affairs of the Commonwealth or any government entity, or any matters otherwise related to functions or operations performed or carried out by the Bank under §§ 551 et seq. of Title 7, or §§ 581 et seq. of Title 7:

(1) The “Public Service Human Resources Administration Act of the Commonwealth of Puerto Rico,” §§ 1461 et seq. of this title;

(2) Sections 458—477 of Title 1, known as the “Act to Regulate the Transition Process of the Government of Puerto Rico”;

(3) Sections 9112—9117 of this title, known as the “Fiscal Sustainability Act”;

(4) Subsections (b) and (c) of § 1857e of this title, known as the “Puerto Rico Government Ethics Act of 2011”;

(5) The “Commonwealth of Puerto Rico Government Fiscal Reform Act of 2006”, §§ 8751 et seq. of this title;

(6) Act No. 164 of July 23, 1974, as amended, known as the “General Services Administration Act”; and

(7) Article 2.001 of Act 78-2001, as amended, known as the “Commonwealth of Puerto Rico Electoral Law.”

(b) The Governor, the Department of the Treasury, PRIFA, any subsidiary of the Bank, and/or the Authority may employ, retain, or honor existing obligations under and /or assume existing contracts of the Bank of any government entity with consultants and essential employees, including legal and financial advisors, whether or not the salaries or fees were incurred prior to the date of such assumption, and may employ such consultants and essential employees to advise the Governor, the Bank or any government entity on matters related to restructuring or adjusting any covered obligation, implementing liability management transactions for covered obligations, managing the fiscal affairs of the Commonwealth and any government entity, or any matters otherwise related to functions or operations performed or carried out by the Bank under §§ 551 et seq. of Title 7, or §§ 581 et seq. of Title 7. The Governor, the Department of the Treasury, PRIFA, any subsidiary of the Bank, and/or the Authority, as applicable, shall submit to the Office of Management and Budget an estimate of the total costs and expenses related to the contracts and obligations to be incurred or assumed pursuant to this section for the remainder of this fiscal year 2016. The Secretary of the Treasury and the Director of the Office of Management and Budget are hereby directed to identify from the fiscal year 2016 budget the funds necessary to cover such expenses and/or to transfer to PRIFA, any subsidiary of the Bank, or the Authority sufficient funds to cover such expenses. Beginning in fiscal year 2017, such expenses shall be paid from appropriations made by the Legislative Assembly. The laws and provisions listed in clauses (1) through (7) of subsection (a) shall not apply to the contracting or the assumption of obligations under this subsection.

History —Apr. 6, 2016, No. 21, § 106; July 12, 2016, No. 68, sec. 1.13.