P.R. Laws tit. 3, § 1465c
(1) Each individual administrator may make change a career service job to a confidential service job and vice versa, when an official change in the functions or in the organizational structure of the agency occurs which so justifies, subject to the following:
(a) If the position is vacant.
(b) If the position is occupied and the change is from career service to confidential service, its occupant shall give his/her express written consent. In the event the employee does not give his/her consent, he/she shall be placed immediately in a position in the career service with equal salary and for which he/she meets the minimum requirements.
(c) If the position is occupied and the change is from confidential service to career service, its occupant shall remain therein, subject to the following conditions:
(A) That he/she meets the education and experience requirements established for the job class or its equivalent in other job appraisal plans.
(B) That he/she has held the position for a period of time of not less than that which corresponds to the probation period for the job class or its equivalent in other job appraisal plans; and that his/her services are excellent as validated by an evaluation.
(C) That he/she approves or has approved the test or the selection criteria established for the job class or its equivalent in other job appraisal plans.
(D) That the appointing authority certifies that his/her services have been satisfactory.
In the event the occupant does not meet all of the conditions mentioned above, he/she may not remain in the job, unless covered under the right to reinstatement provided for in § 1465a of this title.
Changes in category may not be used as a subterfuge to grant permanence benefits to employees who did not compete for a career job. These shall only be pertinent after thorough analysis of the functions of the job or of the organizational structure of the agency so justify.
History —Aug. 3, 2004, No. 184, § 9.4.