2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 65A - Puerto Rico Government Ethics Act of 2011 (§§ 1854 — 1860b) › Subchapter II - Office of Government Ethics (§§ 1855 — 1855d) › § 1855b - Powers and authorities of the Office and the Executive Director

The Office and the Executive Director shall have the following powers and authorities:
(a) To promote and formulate the ethical and moral conduct policies and programs intended for public servants, directed to attain the following objectives:
(1) The establishment of criteria of excellence, personal integrity, honesty, responsibility, and truthfulness in public endeavors, in order to build, promote, and retain the people's trust in government institutions.
(2) The commitment of public servants that personal interests shall not supersede public interests and that any practice which may result in illegality, discrimination, fraud or administrative malpractice shall be eliminated.
(3) The continuous support and the holding of workshops and training programs to promote compliance with the merit system and to achieve excellence and professionalism in public service.
(4) The demeanor of all public servants with an attitude of respect, courtesy, and concern for the citizens' needs beyond their personal convenience.
(5) The motivation in all public servants to exercise the maximum allowable discretion to promote the public interest and government efficiency.
(b) To promote the publication and understanding of ethical standards and values in public service and among the people, as well as the ethical development in all areas of social coexistence.
(c) To interpret, apply, and enforce the provisions of this chapter and the rules and regulations thereunder that establish specific prohibitions with regard to the conduct of public servants or that govern questions of ethics, conflicts of interests, and filing of financial reports.
(d) To promulgate any regulations, norms or directives that may be necessary and convenient to achieve the purposes of this chapter.
(e) To issue opinions on the provisions of this chapter.
(f) To issue any orders that may be necessary and convenient to comply with its functions, responsibilities, and duties under this chapter.
(g) To resort to the Court of First Instance to compel compliance with any order issued by the Office.
(h) To conduct audits and forensic audits on financial reports and recommend the action to be taken to correct, process or refer any detected violations.
(i) To summon, examine, order, require, and obtain a copy of any document or proof related to any matter under investigation or in controversy before the Office.
(j) To administer oaths or delegate such authority to any public servant in his/her Office.
(k) To request from agencies any reports or data deemed necessary.
(l) To evaluate the reports of the Office of the Comptroller of Puerto Rico and the Joint Committee on Special Reports of the Comptroller that contain findings on any potential violation of the provisions of this chapter.
(m) To settle any controversy that may arise from the application of this chapter.
(n) To designate examining officials or administrative judges to preside over any adjudication proceeding initiated as a result of the filing of a complaint. Such examining officials or administrative judges shall be empowered to issue any orders that may be necessary to guarantee the parties due process.
(ñ) To establish and administer procedures to identify violations of government ethics, to prevent conflicts of interest, and to take or direct the disciplinary, administrative, or civil measures authorized by this chapter, after having duly conducted investigations and hearings where the parties involved have an adequate opportunity to be heard and defend themselves.
(o) To authorize the disclosure of information related to the operations or activities of this Office.
(p) To refer to federal or State overseeing agencies, such as the Department of Justice, the Office of the Panel of the Special Independent Prosecutor, the Federal Bureau of Investigations, among others, any findings that may point to potential violations of the laws.
(q) To issue to the Department of the Treasury, the Retirement Systems of the Employees of the Government and the Judiciary and any other Public Retirement System, the Association of Employees of the Government of Puerto Rico and to the appointing authority, an order to withhold and deduct against any funds accrued by the public servant or former public servant who fails to comply with a final and binding administrative fine.
To likewise notify the public servant or former public servant within at least thirty (30) days in advance, that his/her noncompliance shall be referred to said agencies for the appropriate discount or the applicable action. The agency shall determine, in accordance with the regulations adopted for such purposes, the manner in which the withholding shall be made, and so notify the public servant or former public servant.
In the case of a withholding or deduction against funds accrued in any of the aforementioned entities, such entities shall remit to the Office, payable to the Secretary of the Treasury, the deduction made from the funds of the public servant or former public servant. If the total amount to be paid for the fine is not available upon receipt of the withholding and deduction order, the aforementioned entities shall so report to the Office. In this case, the withholding and deduction order shall remain in effect until the fine is paid in full or the Executive Director of the Office requires it to be rendered ineffective.
The Office may resort to the Court of First Instance, San Juan Part, to file a petition to compel compliance with the administrative resolution thus issued or a demand for payment in order tor the fine to be paid in full.
The Office shall remit to the Secretary of the Treasury any debts on account of administrative fines on which the Office has made the appropriate collection efforts, the amount of which shall be covered into the General Fund of the Government.
(r) To organize the Office and appoint or contract personnel as necessary to carry out the duties and functions established in this chapter in accordance with the criteria that will ensure the rendering of high quality services, without being subject to personnel laws.
(s) To delegate, when necessary, any power or authority onto any public servant of the Office, except for the rulemaking authority.
(t) To enter into collaboration agreements with public or private entities, within or without Puerto Rico, to achieve the purposes of this chapter.
(u) To solicit, accept, and receive funds, goods or services from any agency or person that is not subject to its jurisdiction. The Office may use such funds, goods, services, or gifts subject to the regulations adopted for such purposes.
(v) To assign or donate funds or property to any agency, private person, or nongovernment, nonprofit entity which promotes and observes the values identified by the Office and the activities of which encourage community participation. The norms relative to all that pertains to any donations and assignments made by the Office shall be adopted.
(w) To acquire by means of purchase, assignment, exchange, or any other lawful means, any necessary real property to house the headquarters of the Office; contract construction, repair, improvement, or extension works for such facilities; regulate such processes; and finance such transactions through the Government Development Bank, any of its subsidiaries or affiliates, or through a public or private banking institution, with the assistance and authorization of the Government Development Bank, in its capacity as fiscal agent of Government agencies or institutions, as provided by §§ 551 et seq. of Title 7. Repayment of any obligation incurred for such purposes shall originate from the annual budget appropriations received by the Office.
The Executive Director shall have the power to reserve, encumber or pledge, in whole or in part, the budget appropriations, to make payments to service the debt of any financing incurred under this provision. Likewise, the Executive Director shall be empowered to mortgage the real property, the acquisition of which is authorized herein, to answer for the financing debt; and to mortgage, sell, exchange or otherwise dispose of the same with the assistance and authorization of the Government Development Bank, in its capacity as fiscal agent of the agencies or the Government.
The Executive Director shall be empowered to lease or assign the use of part of the facilities to public or private agencies, provided that he/she certifies that the leased or assigned part is not necessary for the operations of the Office; and that the lease or assignment shall yield benefits that are necessary or convenient for the operations of the Office.
The money generated by such lease shall be deposited into a special fund to be administered by the Office.
(x) To take any other action or measure that may be necessary and convenient to achieve the purposes of this chapter.
History —Jan. 3, 2012, No. 1, § 2.3.