P.R. Laws tit. 2, § 86a

2019-02-20 00:00:00+00
§ 86a. Provision of services to agencies audited; prohibition

No regular or temporary official or employee, or anyone under contract with the Office may render services to any agency of the Government of the Commonwealth of Puerto Rico which was audited by the Office, for a period of twelve (12) months following the termination of said employment, either on his own, or through any juridical person, partnership, association or entity of which he is an employee, partner or stockholder.

The prohibition established above shall apply when the person:

(a) Has directly participated in the auditing of the agency or has supervised said audits;

(b) the auditing was conducted during the year prior to the date on which the person ceased in office, or as of the date of termination of any service contract with said Office.

For the purposes of this provision, “agency” shall mean any department, office, board, council, administration, authority, public corporation or a subsidiary thereof, instrumentality, municipality or body of the Government of the Commonwealth of Puerto Rico.

Any person who violates the provisions of this section commits a felony and upon conviction shall be sanctioned with imprisonment for a term of one (1) year, or a fine of two thousand dollars ($2,000), or both penalties at the discretion of the court. If there are aggravating circumstances, the court may increase the previously established penalty to a maximum of two (2) years of imprisonment or up to three thousand dollars ($3,000) in fines. If there are extenuating circumstances the penalty may be reduced to a minimum of six (6) months and one (1) day of imprisonment or a fine of one thousand dollars ($1,000). Likewise, the court shall impose the obligation of paying to the Commonwealth of Puerto Rico a sum equivalent to three (3) times the value of any financial benefit that he/she would have received or obtained as a result of the violation to the provisions of this section.

In addition, any person convicted for the violation of this section shall be disqualified from filling or performing any public office or employment, subject to the provisions of Section 3.3 of Act No. 5 of October 14, 1975, as amended, known as the “Public Service Personnel Act of Puerto Rico”.

History —July 24, 1952, No. 9, p. 16, added as § 16A on July 21, 1988, No. 119, p. 505.