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) › § 3105 - Superintendent—Special powers

(a) The Superintendent may promote members of the Force to the immediately next highest rank, up to the rank of Captain, in the following cases and subject to the provisions prescribed below:
(1) In the cases of promotions for merit, provided that the candidate has completed at least twelve (12) years of service on the Force and has proven productivity, shown leadership, efficiency, good conduct, and initiative. Furthermore, the candidates for promotion based on merit, shall also comply with the following:
(A) Not be subject to an administrative investigation in the Puerto Rico Police or under a criminal investigation.
(B) Not have incurred violations of the Code of Ethics applicable to public servants, established pursuant to §§ 1801 et seq. of Title 3, known as the “Commonwealth of Puerto Rico Ethics in Government Act”, during the last five (5) years.
(C) Not been convicted of a felony or misdemeanor that implies moral turpitude.
The Police Superintendent is hereby empowered to establish through regulations, any additional pertinent requirements to be considered for promotions based on merit. Provided, That said regulations shall specify the acts and events that shall be taken into account for a promotion based on merit.
Furthermore, the Superintendent shall have the power and discretion to grant promotions among those who meet the requirements for a promotion based on merit or among those who are in the Register of Eligible Candidates for promotion, pursuant to § 3114 of this title.
(2) Provided they have completed 15 years or more in the service of the Force, but are to be retired because of physical or mental disability as a result of rendering exceptional or uncommonly meritorious services; or when they are to be retired for years of service; or posthumously, upon their demise in the performance of their duties. These promotions shall take effect within one hundred and twenty (120) days prior to the date of retirement. In the case of those who die in the performance of their duty, the posthumous promotion decreed by the Superintendent shall take effect immediately.
(3) In case of promotions due to retirement, the positions held by those members of the Force so promoted shall pass by conversion to the new category. Once converted positions become vacant they shall automatically revert to the rank existing before the conversion.
(b) The Superintendent shall procure and disburse to the surviving spouse, or in his/her absence, to the dependents of the police officer or of the civilian personnel who has died in the performance of his/her duties, or as consequence thereof, an amount corresponding to twelve (12) monthly payments of the gross salary earned by the latter to cover urgent family needs. This payment shall be charged to the operating expenses budget of the Puerto Rico Police no later than two (2) working days after the death of the member of the Force. In addition to said payment, the Superintendent is authorized to defray the funeral service expenses of a police officer fallen in the line of duty up to a maximum of two thousand dollars ($2,000). The processing of this benefit shall be made independently from any other compensation or benefit to which the spouse or the dependents of these public servants are entitled.
(c) The determination of the Superintendent as to whether the death of a police officer or civilian employee occurred in the line of duty shall override any other administrative decision to such effect issued by any official of an agency, a public corporation or any other instrumentality of the Commonwealth of Puerto Rico, including those made on the basis of the provisions of subsection (1) of § 377 of this title. The Puerto Rico Police Superintendent is also authorized to issue a certification pertaining to the death of a police officer or civilian employee in the line of duty. Said certification shall be issued within sixty (60) days from the death of the police officer or civilian employee. This certification shall be considered by all the agencies, public corporations or any other instrumentality of the Commonwealth of Puerto Rico which is bound to pay an indemnization for the referred death. From the time said certification is final and binding in a term no to exceed sixty (60) days, the agencies, public corporations or any other instrumentality of the Commonwealth of Puerto Rico shall be bound to comply with said payment. Provided, That in the case the widow/widower or the beneficiaries do not receive the payment within the referred term, an ascending monthly surcharge of 0.5% of the total payment of the indemnization shall be made.
At an administrative level, the determination of the Superintendent shall be final and binding. However, it may be subject to judicial review pursuant to the provisions in the “Uniform Administrative Procedures Act”, §§ 2101 et seq. of Title 3.
(d) When the Superintendent designates a member of the Force top head any Police bureau or area, he/she shall fix the salary fixed for that designated police officer is less than that of any other member of the Police Force or a career civil employee under his/her supervision, the Superintendent may authorize a differential of up to ten percent (10%) to be added to the salary of the designated police officer above the highest salary of the career employee serving in that office of the Assistant Superintendent, or Police bureau or area. The salary established by this provision shall never be equal to or higher than that of the Assistant Superintendent and may only be enjoyed while holding the confidential position to which he/she was designated by the Superintendent. Once the designation has concluded, the police officer shall return to his/her corresponding permanent rank, the salary assigned thereto and shall receive the automatic salary increase if he/she has not reached the highest level in the salary schedule corresponding to the rank which he/she held prior to holding the confidential position.
(e) The Superintendent shall have the power to take steps to convert the police Academy into an institution of higher learning which confers university degrees, and may, through regulations, establish a study and work program subject to the needs of the service, to enable the members of the Force who wish to pursue university studies, to achieve professional self-improvement.
(f) The Superintendent shall have the power to establish, by regulations, the conditions upon which the members of the Force may be promoted for merit up to the rank of Captain through special promotions for merit and/or heroism. In no case shall more than one rank be assigned in a term of two (2) years, and never more than two (2) times through the mechanism of promotion for merit throughout his/her entire career.
(g) The Superintendent shall have the power to require the members of the Corps to pass a psychological exam at least every three (3) years in order to maintain the parameters established at the time of their recruitment to become part of the Puerto Rico Police.
History —June 10, 1996, No. 53, § 6; Jan. 10, 1999, No. 39, § 1; Jan. 5, 2002, No. 10, § 1; Aug. 28, 2003, No. 208, § 1; Mar. 27, 2004, No. 85, § 1; Aug. 4, 2004, No. 189, § 2; Aug. 26, 2005, No. 97, § 1; Dec. 8, 2006, No. 261, § 1; Dec. 3, 2007, No. 171, § 1; July 16, 2008, No. 114, § 1; Aug. 13, 2009, No. 73, § 1; May 3, 2012, No. 79, § 1.