2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 65A - Puerto Rico Government Ethics Act of 2011 (§§ 1854 — 1860b) › Subchapter IV - Code of Ethics for Public Servants and Former Public Servants in the Executive Branch; Provisions Applicable to Public Servants and Former Public Servants in the Judicial and Legislative Branches (§§ 1857 — 1857g) › § 1857a - General ethical prohibitions

(a) No public servant shall solicit any benefit for his/her agency, whether directly or indirectly, from a private person, business or public entity regulated or contracted by the former, nor carry out actions conducive to obtaining a contract.
A public servant may only accept a benefit for his/her agency from a private person, business or public entity that is neither regulated nor contracted by the former, or that does not carry out actions leading to obtaining a contract, provided that he/she complies with the regulations adopted for such purposes.
(b) No public servant shall exploit the duties and powers of his/her office or public property or funds to directly or indirectly obtain any benefit not permitted by law for him/herself or a private person or business.
(c) No public servant shall accept or solicit from a private person or business, whether directly or indirectly, a benefit as a compensation for carrying out, expediting, delaying, or not discharging the duties and responsibilities of his/her office.
(d) No public servant shall accept or solicit from a private person or business, whether directly or indirectly, benefits for him/herself or a person, business or entity in exchange for carrying out actions that are biased to favor him/her or another private person or business.
(e) No public servant shall ensure that he/she may or purport to have influence over another public servant in carrying out his/her functions, in exchange for obtaining or attempting to obtain a benefit.
(f) No public servant shall reveal or use confidential information or documents obtained as a result of his/her employment to obtain, directly or indirectly, any benefit for him/herself or any other private person or business.
(g) No public servant shall intervene, either directly or indirectly, in any matter in which he/she has a conflict of interests that may result in his/her benefit. No public servant shall intervene, directly or indirectly, in any matter in which any member of his/her family unit, relative, partner or housemate has a conflict of interest that may result in benefit for any of the aforementioned.
In the case that any of the aforementioned relationships has ended during the two years preceding the appointment of the public servant, he/she shall not intervene, either directly or indirectly, in any matter related to them until two (2) years have elapsed after his/her appointment.
This prohibition shall remain in effect insofar the beneficial ties with the public servant exist. Once the beneficial ties end, the public servant shall not intervene, either directly or indirectly, in such matter until two (2) years have elapsed.
(h) Neither the appointing authority nor the public servant with influence on the appointing authority shall intervene, either directly or indirectly, in the appointment, promotion, compensation or contracting of his/her relative. It shall be understood that a public servant has the power to decide or exert influence when a law, regulation, description of duties or designation so provides. This prohibition shall not apply when, in the discretion of the Executive Director, there are special circumstances that have been taken into account before the appointing authority or the public servant with influence exercise his/her power.
This shall not apply to a career position when the merit principle is met; advancements or personnel-related transactions required by law; general revisions of a classification plan; Section 8 benefits received; public bids in which all the requirements set forth in this chapter concur; participation in summer programs; the obtainment of services, loans, sureties or incentives granted under the terms of a state, federal or municipal program. Provided, that under the aforementioned exceptions, general applicable rules are complied with and the appointing authority or the public servant with authority to decide or exert influence does not intervene and so certifies through a formal disqualification statement.
(i) No public servant shall use, on any real or personal property of the Government, any symbol, slogan, image, picture, pin, logo, sticker, label, sign, insignia, technological application, written message or any other paraphernalia that may identify or promote directly or indirectly the electoral interests of any political party or candidate.
(j) No public servant shall, while carrying out the duties of his/her office, wear or use on his/her person, in his/her property or in any other property under his/her care, any symbol, slogan, image, picture, pin, logo, sticker, label, sign, insignia, technological application, written message or any other paraphernalia that may identify or promote directly or indirectly the electoral interests of any political party or candidate.
(k) No public servant shall, while carrying out the duties of his/her office, lead or promote activities that directly or indirectly promote the electoral interests of any political party or candidate.
(l) No public servant shall, while carrying out the duties of his/her office, make monetary contributions or use his/her time to carry out or participate in a political activity.
(m) No public servant shall, while carrying out the duties of his/her office, demand or request other public servants to make monetary contributions or devote their time to carry out or participate in a political activity.
(n) No public servant shall solicit or accept him/herself or through a private person or business any benefit from a contractor or an agency regulated by his/her agency for a political activity.
(ñ) The provisions of subsections (i), (j), (k), (l), (m), and (n) of this section shall not apply to public servants in the Commonwealth Election Commission.
(o) No public servant shall usurp an office or task to which he/she has not been appointed or designated nor discharge the same without being duly qualified to do so.
No public servant shall persist in obstinately discharging the duties of his/her office or tasks entrusted to him/her, once his/her term has concluded or after having received an official communication ordering the termination or suspension of his/her duties.
(p) No public servant shall alter, destroy, mutilate, remove or conceal, in whole or in part, public property under his/her custody.
(q) No public servant authorized by law to issue certifications and other documents shall knowingly issue a certification or document containing false statements.
(r) No public servant shall fail to comply with any of his/her duties as provided by law or regulations, if such action shall result in the loss of public funds or cause damages to public property.
(s) No public servant shall carry out any action that may call the impartiality and integrity of the government endeavor into question.
History —Jan. 3, 2012, No. 1, § 4.2.