P.R. Laws tit. 21, § 4856
After the charges brought in accordance with the provisions of § 4854 of this title, have been filed and the mayor has been notified, if the Commission determines that the public interest so requires it, it may file a petition that shall be called a “Special Procedure” before the Court of First Instance, San Juan Part, for the Court to rule, with priority over any other action and within a term of not more than twenty (20) days, on whether the extent of the charges filed require that the mayor be suspended from office without pay while the administrative procedures are conducted before the Commission.
The court shall take the following into consideration in evaluating the petition:
(1) Whether the charges against the mayor evidence an administration that is corrupt, fraudulent and irresponsible, or of abuse of authority;
(2) the Mayor’s former administrative record;
(3) the notoriety or public perception attributed to the Mayor prior to the filing of charges;
(4) the accuracy or weight of the evidence that arises from the investigative reports of the facts that gave rise to the complaint;
(5) the urgency of taking measures to protect municipal property, or the life and health of its citizens;
(6) the intimate linkage of the alleged facts to the municipality’s administration.
Any mayor against whom a ruling is issued suspending him/her from office without pay while the administrative proceedings are carried out before the Commission, may ask the Supreme Court to review the decision through a writ of certiorari within a term of not more than ten (10) days from the date the copy of said notice is filed in the case.
Unless the court issues an order or ruling staying the administrative proceedings before the Commission, the filing of a Special Procedure and its subsequent review by the Supreme Court shall not impede the continuation thereof.
History —Aug. 30, 1991, No. 81, § 18.006.