P.R. Laws tit. 3, § 1855

2019-02-20 00:00:00+00
§ 1855. Creation

The Office of Government Ethics of Puerto Rico is hereby created, and its administration shall be carried out pursuant to the provisions of this chapter. The Executive Director of the Office shall be appointed and confirmed as provided in this chapter and be guided by the principles of public policy stated below.

(a) Mission and autonomy.— The main purpose of the Office is to educate public servants in order for these to carry out their duties observing values such as caring, trustworthiness, fairness, responsibility, respect, and citizenship, which govern public administration. The Office's educational initiatives shall be directed to encouraging public servants to incorporate such values into their mindset, thus contributing to the development of Puerto Rican society. This mission and vision shall require the Office to assume an active role within the amplest venues of public discussion, in order to stimulate active collaboration so as to encourage the joining of efforts of all agencies, nonprofit entities, businesses, and citizens. Furthermore, the Office shall oversee the conduct of public servants and penalize all those who infringe the code of ethics that integrates public service values through the mechanisms and resources provided for by this chapter. The Office is hereby created with the clear legislative intent to operate with full autonomy and independence and at full capacity on a continuing basis, without external interventions, thus allowing it to carry out its ministerial functions efficiently and effectively, without the influence of any public servant subject to its jurisdiction. This administrative and fiscal autonomy is essential to carry out the delicate function entrusted to the Office. The Office shall have the capacity to sue and be sued.

(b) Exemptions from the law.— Since its creation, the Office was exempted from the application of several laws to reinforce its autonomy as public policy. Consequently, throughout time, it has been exempted from the application of other laws, executive orders, and determinations, which recognizes its endeavor and enables it to carry out its duties independently. The Office shall be exempted from the payment of taxes, licenses, duties, tariffs, costs or levies imposed by the Government or its municipalities, on the property of the Office or on those in which it is lessor or lessee, and on the income derived from any activity of the Office, including but not limited to municipal license taxes under §§ 651 et seq. of Title 21, known as the “Municipal License Tax Act”; municipal taxes on construction, under §§ 4001 et seq. of Title 21, known as the “Autonomous Municipalities Act of the Commonwealth of Puerto Rico of 1991”. The Office is also exempted from any kind of fees, internal revenue stamps, and vouchers, costs or taxes required by law in judicial proceedings; from the payment for certifications issued by any office and agency of the Government, and the execution of public documents and the filing and registration thereof in any public register of the Government. Furthermore, the Office shall be excluded from the application of §§ 1461 et seq. of this title, known as the “Public Service Human Resources Administration Act of the Commonwealth of Puerto Rico”; §§ 283 et seq. of this title, known as the “Puerto Rico Government Accounting Act”; §§ 2301-2305 of this title, known as the “Act to Establish a Down Payment System for Government Purveyors of Goods and Services”; Reorganization Plan No. 3-2011, known as the “Reorganization Plan of the General Services Administration of 2011,” as well as the exclusive Register of Bidders attached to the General Services Administration; Act 45-1998, as amended, known as the “Puerto Rico Public Service Labor Relations Act”; §§ 1001 et seq. of this title, known as the “Public Documents Administration Act”; §§ 458 et seq. of Title 1, known as the “Act to Regulate the Transition Process of the Government of Puerto Rico”; §§ 8161-8166 of this title, known as the “Act for Regulating Certain Government Financing and Personal Property Leasing Contracts”; §§ 101 et seq. of Title 23, known as the “Management and Budget Office Organic Act”; §§ 971 et seq. of this title, known as the “Puerto Rico Institute of Statistics Act”; §§ 991 et seq. of this title, known as the “Electronic Government Act”; §§ 4081 et seq. of Title 10, known as the “Electronic Transactions Act”; §§ 8851 et seq. of this title, known as the “Inspector General of the Government of Puerto Rico Act”; §§ 5801 et seq. of Title 21, known as the “Municipal Revenues Collection Center Act”; Act 6-2010; and Act 155-2010. Notwithstanding the foregoing, the fiscal operations of the Office shall be audited and examined by the Office of the Comptroller of Puerto Rico at least once every two (2) years.

History —Jan. 3, 2012, No. 1, § 2.1.