2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 29 - Government Personnel (§§ 641 — 706) › § 706 - Public officials who belong to bona fide groups

(a) Duty to approve charter and regulations.— All bona fide groups, at the time of being certified, must have promulgated a charter and a code of regulations for their members, establishing the essential principles within which they are to operate. The charter and the code of regulations of all bona fide groups must comply with all the provisions of this section. The charter and the code of regulations must be approved by the entire bona fide organization and shall establish the rights of its members. Between both documents, provisions shall be made on at least the following:
(1) Periodical elections at intervals not greater than three (3) years, by direct, individual and secret vote, for the election of its officials.
(2) Guarantees that ensure the right to run for any elective office on an equal footing with other members and other officials.
(3) The right to nominate candidates to elective offices and to participate in the corresponding elections.
(4) The right to effectively participate in matters and activities of the bona fide group.
(5) The right to determine the initiation and periodical fees and the modification thereto through secret vote of the absolute majority of members.
(6) The right to complain before the Department of Labor and Human Resources, when they deem that the initiation or periodical fees or modifications thereto are unreasonable.
(7) The right to a disciplinary procedure that ensures that affected members will be notified of specific charges, that time will be allowed for them to prepare their defense and that a fair and reasonable hearing will be held with ample opportunity to defend themselves adequately.
(8) The right to receive a copy of the charter and the code of regulations of the bona fide group, or to examine the books and financial reports of the group at a reasonable time and place after due notice.
(9) The guarantee that an annual report on the operations of the bona fide groups will be circulated among their membership, as well as their balance sheet, both certified by a certified public accountant, within sixty (60) days following the closing of their annual operations.
(10) The right to bring judicial actions or proceedings before the Department of Labor and Human Resources, the courts of justice, or administrative agencies, even when the same cites as defendants or respondents the agency itself or the bona fide group or any of its officials.
(11) The right to appear as witnesses in any judicial, administrative or legislative proceeding and to make petitions to the Legislature, or to communicate with any legislator, without being exposed to any sanction or penalty whatsoever by the bona fide group.
(b) Disciplinary actions.— Bona fide groups may take disciplinary actions against their members only by following the procedures previously established in their charter or regulations, when the affected members have violated valid norms contained in any of such documents.
(c) Accounting books and financial reports.— All bona fide groups shall keep and conserve accounting books that reflect their transactions exactly and accurately pursuant to generally accepted accounting principles, and they shall keep for a five (5)-year term the vouchers and documents that evince such transactions. They shall send a copy each year of their financial statements, duly audited and certified by a certified public accountant. These statements shall be sent within a term of one hundred and twenty (120) days as of the date of the closing of their annual operations. Said statements shall be filed with the Department of Labor and Human Resources and a copy thereof shall be given to the members of the bona fide group.
The statements required under these sections shall be presented before the Labor Union Services Bureau in the Department of Labor and Human Resources.
History —Sept. 16, 2004, No. 358, §§ 2—4.