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) › § 1857b - Prohibitions related to other employment, contracts or business

(a) No public servant shall accept or keep a job or contractual or business relations or responsibilities in addition to those of his/her public office or employment, whether it is in the Government or in the private sector, which, although legally permitted, may have the effect of impairing his/her freedom of judgment in the performance of his/her official functions.
(b) No public servant shall accept or keep a job or contractual relations from which he/she obtains undue advantage with a private person or business that is regulated by or has contractual business or financial relations with the government agency for which he/she works, when the public servant is empowered to decide or influence the official actions of the agency with regard to such private person or business.
(c) No public servant who is authorized to contract or approve or recommend the execution of a contract in the name of the agency for which he/she works shall intervene or participate in the execution of a contract with a private person or business in which he/she, or any member of his/her family unit, relative, partner or housemate, has or has had directly or indirectly a monetary interest during the last two (2) years before his/her appointment.
In the event that any of the aforementioned relationships has concluded during the two years preceding the appointment of the public servant, the latter shall not intervene or participate in the execution of a contract until two (2) years have elapsed since his/her appointment.
This prohibition shall continue in effect while the beneficial ties with the public servant last. Once the beneficial ties end, the public servant shall not intervene or participate in the aforementioned contract until two (2) years have elapsed.
(d) The appointing authority shall not execute a contract in which a public servant of the agency or member of his/her family unit, relative, partner or housemate has or has had a direct or indirect monetary interest during the last two (2) years preceding his/her appointment. 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 contracts with the public servant or a member of his/her family unit, relative, partner or housemate.
This shall not apply to the receipt of benefits under the Section 8 program; contracts executed with the Department of the Treasury to operate electronic lottery terminals; contracts executed for the acquisition of rights over intellectual property such as literary, artistic works or inventions; public bids in which all the requirements set forth by law 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 regarding eligibility shall be observed.
(e) No public servant shall approve or authorize a contract with a private person or business knowing that such person or business is representing cases or matters which involve a conflict of interests between the contracting agency and the personal interests said private person or business is representing. To such effects, a contractual clause shall be included in which such private person or business certifies that it is not involved in a conflict of interest.
History —Jan. 3, 2012, No. 1, § 4.3.