P.R. Laws tit. 25, § 3108

2019-02-20 00:00:00+00
§ 3108. Members of the force—Enlistment and re-enlistment

(a) All persons who join the Force are subject to a [probationary] period of two (2) years from the time they are sworn in. During said period, a person may be discharged from the service at any time if, in the judgment of the Superintendent, he/she shows ineptitude to become a member of the Force or if his/her habits and trustworthiness do not merit his/her remaining in the Corps. Said [probationary] period shall not include any period in excess of thirty (30) days during which the person is absent from active service for any reason whatsoever. The Superintendent shall perform an evaluation every six (6) months of the performance of those members of the Force undergoing their [probationary] period, and shall send a copy of this evaluation to the interested parties.

Except for the above provisions, those members of the Force shall have the same rights and privileges as the regular members of the Force in their [probationary] period.

(b) In the event any candidate for re-enlistment is rejected for any reason, the Superintendent shall explain the reasons for said rejection to that person in writing together with the notice denying his/her re-enlistment. In the event the rejection is based on information provided by any person during the investigation, the Superintendent shall not reveal the identity of that person under any circumstances whatsoever. In his/her notice, the Superintendent shall only state the reasons for the rejection of the request for re-enlistment. The candidate for re-enlistment affected by said situation shall have up to ten (10) working days to refute to the reasons which prompted the rejection. The Superintendent shall have the same term from the date of receipt of the answer in which to revoke or reaffirm his/her rejection. If no written answer is forthcoming from the Superintendent within the term established, this shall be interpreted as a reaffirmation of the rejection of the request for re-enlistment. During the procedure involving the notice, response and reaffirmation or revocation, the position or rank corresponding to the candidate shall not be filled. Once the procedure has been complied with the determination of the Superintendent shall be final and binding.

(c) The enlistment of the School Protection Officer to the Force shall be subject to a probationary period of one (1) year, during which a person may be discharged from the service at any time if, in the judgment of the Superintendent, he/she proves to be inept to become a member of the Force or if his/her habits and trustworthiness do not merit his/her remaining in the Corps. Said probationary period shall not include any period in excess of thirty (30) days during which the person is absent from active service for any reason whatsoever. The Superintendent shall perform an evaluation of the performance of those members of the Force undergoing their probationary period every six (6) months and shall send a copy of this evaluation to the interested parties. Provided, further, That the age to enlist as School Protection Officer shall be from eighteen (18) to thirty-five (35) years of age.

History —June 10, 1996, No. 53, § 9; May 4, 2004, No. 106, § 4.