2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 114 - Government of the Commonwealth of Puerto Rico Special Fiscal and Operational Sustainability Act (§§ 9101 — 9153) › Subchapter II - Measures To Cut Back On Spending In The Executive Branch (§§ 9111 — 9129) › § 9114 - Reduction of payroll expenses in connection with employees holding trust positions

Every Entity of the Executive Branch shall reduce payroll expenses on account of employees in trust positions by twenty percent (20%) effective June 30th, 2012, and keep such reduction for subsequent fiscal years.
Every appointing authority or the authorized representative of the Entity of the Executive Branch shall submit, within sixty (60) days, beginning on July 1st, 2014, a report to the Office of Management and Budget stating on detail the number of employees holding trust positions as of June 30th, 2014 vis-á-vis the number of employees holding such positions as of June 30th, 2012, including salaries, job classification and other information.
The Office of Management and Budget shall issue rules setting forth the format of the information to be provided, and the manner in which such information shall be considered by comparing elements such as the officials who were or are rendering services in detail; changes in job classifications from trust to career positions, and vice versa; the granting of salary differentials; and any other element that is relevant to make a fair and equitable comparison between the levels of expenditures.
The Office of Management and Budget, based on the rules thus issued, shall send a letter to the appointing authority or authorized representative of the Entity of the Executive Branch stating their compliance with this section. Any appointing authority or authorized representative of the Entity of the Executive Branch that fails to comply with this Section, as notified in their corresponding communication, shall receive a letter directing it to make the necessary adjustments to its payroll of employees holding trust positions to comply with this section. In addition, no appointing authority or authorized representative of the Entity of the Executive Branch shall hire employees to hold trust positions, including replacements, while such noncompliance persists. Any appointment to a trust position inconsistent with these provisions shall be null. Notwithstanding the provisions of this paragraph, an official may be appointed regardless of the payroll grade established in this Section, if he/she, for the same or lower salary, replaces another official holding a trust position who has resigned, ceased duties, or been dismissed, and: (1) provides, within the organizational structure of the Entity of the Executive Branch, direct supervision to two or more career employees; (2) directs an operational area that is critical to the agency’s operations, such as Legal, Human Resources, or Technology; or (3) is critical to the agency services or operations, as stated in detail by the appointing authority of the Entity of the Executive Branch. The exceptions of individual appointments provided under this paragraph shall require the specific authorization of the Governor or the person to whom he/she delegates, regardless of the proposed compensation.
History —June 17, 2014, No. 66, § 8.