2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 3 - Security Generally (§§ 3101 — 3356) › PART I - Protection and Surveillance (§§ 3101 — 3356) › Chapter 331 - Puerto Rico Police of 1996 (§§ 3101 — 3142) › § 3114 - Promotions

(a) Promotions in rank shall be granted for merit or by approving examinations up to the rank of Captain, except in those cases provided in this chapter. Promotions bestowed for heroic acts shall be granted according to the regulations established by the Superintendent and shall be effective when a vacancy arises for the corresponding rank.
The criteria for promotions based on merit shall be established by regulations of the Police Superintendent pursuant to the provisions of § 3105 of this title and taking into consideration the following provisions:
(1) The police officers to be promoted through the merit principle shall do so through evaluations, taking into consideration the experience, productivity, analysis of their work history, outcome of trainings, and the leadership shown in their performance as law and order agents, taking also into account their performance in the community and good conduct, in order for those police officers with the greatest capability to hold positions of direction and supervision in the Police.
(b) The Superintendent shall establish the procedures for the examinations for promotions in rank through regulations.
(c) The Superintendent shall appoint the members of the Police and fill vacancies on the basis of promotions up to the rank of Captain, by means of a reliable, modern and scientific examination system. The Superintendent shall also provide, by convocation, the requirements for taking the examinations for promotion in rank. All examination shall be offered within a period of not less than sixty (60) days nor more than ninety (90) days from the date of the convocation.
(d) Once the candidate has approved the examination and fulfilled all the necessary requirements to be included in the roster of eligible candidates, his/her promotion shall not be denied if the position and the financial resources needed to cover the budgetary effect of the promotion are available. Only those complaints or administrative investigations inferred from the record of the candidate prior to his/her having approved, the examination shall be taken into account for the denial of the promotion. Should any complaint or investigation arise after the examination has been approved, but before the promotion has been formalized, no one shall be appointed to the corresponding rank until the administrative investigation has been elucidated. In the event the outcome of the investigation exonerates the member of the Force in question, he/she shall be entitled to the rank for which he/she approved the examination, subject to the provisions of this subsection.
(e) In the event any candidate for promotion is rejected for any reason whatsoever, the Superintendent shall inform the reasons for said rejection to that person, in writing, together with the notice denying the promotion. In case the rejection is based on information provided by any person during the investigation, under [no] circumstances [shall] the Superintendent reveal the identity of that person. In his/her notice, the Superintendent shall only state the reasons for rejecting the application for promotion. The candidate for promotion affected by the abovementioned situation shall have up to ten (10) working days to [respond] to the reasons which prompted the rejection. The Superintendent shall have an equal term from the date the response is received in which to revoke or reaffirm his/her rejection. Should the Superintendent fail to issue a written response within the established term, it shall be interpreted as a reaffirmation of the rejection of the application for promotion. During the procedure involving the notice, response and reaffirmation or revocation, the position or rank which would correspond to the candidate shall not be filled. Once the procedure has been completed, the determination of the Superintendent shall be final and binding. Provided, That any complaint filed after a promotion has been requested shall be resolved peremptorily within ten (10) days.
(f) Once the corresponding roster of eligible candidates has been certified, no member of the Police Force who has approved the examination, and the position for said rank exists, may be disqualified for promotion in rank by any interview.
(g) When the number of candidates who have approved the examination and qualified for promotion within the same rank is greater than the number of positions available, the order for granting the promotions shall be established according to the roster of eligible candidates which shall be established pursuant to the regulations in effect. In case of a tie, the promotion shall be granted to the member of the Police with greater seniority in the Force.
History —June 10, 1996, No. 53, § 15; Jan. 5, 2002, No. 10, § 3; Aug. 13, 2009, No. 73, § 2.