The Puerto Rico government transition process is the process followed by the

executive branch of the government of Puerto Rico The executive branch of the government of Puerto Rico is responsible for executing the laws of Puerto Rico, as well as causing them to be executed. Article Four of the Constitution of Puerto Rico, Article IV of the Constitution of Puerto Rico ve ...

when it must transition from one

governor A governor is an politician, administrative leader and head of a polity or Region#Political regions, political region, in some cases, such as governor-general, governors-general, as the head of a state's official representative. Depending on the ...

to another. The process is handled by two

committee A committee or commission is a body of one or more persons subordinate to a deliberative assembly or other form of organization. A committee may not itself be considered to be a form of assembly or a decision-making body. Usually, an assembly o ...

s: * the Outgoing Committee on Government Transition, composed of government officers from the incumbent administration, and * the Incoming Committee on Government Transition, composed of aides and assistants of the upcoming governor-elect.

Puerto Rican law The legal system of Puerto Rico is a mix of the civil law and the common law systems. Language Puerto Rico is the only current U.S. jurisdiction whose legal system operates primarily in a language other than American English: namely, Spanish. B ...

establishes that the committees meet in

public hearing In law, a hearing is the formal examination of a case (civil or criminal) before a judge. It is a proceeding before a court or other decision-making body or officer, such as a government agency or a legislative committee. Description A hearing ...

whenever in session except when discussing

confidential information Confidentiality involves a set of rules or a promise sometimes executed through non-disclosure agreement, confidentiality agreements that limits the access to or places restrictions on the distribution of certain types of information. Legal con ...

Background and regulation

Historically, the transition of government was carried out on the basis of what had been custom and tradition without any formal regulation. This resulted in grants of contracts and auctions during the transition period, thus compromising the budget of the upcoming government. Law No. 197 of 2002, declared by the 14th Legislative Assembly of Puerto Rico, thereafter established and regulated the transitioning process, and set forth the tasks and obligations to be performed by the different government agencies. The law also established that the process must begin four

working day A business day normally means any day except a legal holiday. It may also mean a business day of operation, any of the days an organization operates. It depends on the local workweek which is dictated by local customs, religions, and business ...

s after the

general election A general election is an electoral process to choose most or all members of a governing body at the same time. They are distinct from By-election, by-elections, which fill individual seats that have become vacant between general elections. Gener ...

, and conclude by or before December 31. It also established which government officers shall be part of the Outgoing Committee on Government Transition. The law also empowered the governor-elect to file a ''

mandamus A writ of (; ) is a judicial remedy in the English and American common law system consisting of a court order that commands a government official or entity to perform an act it is legally required to perform as part of its official duties, o ...

'' in the

Supreme Court of Puerto Rico The Supreme Court of Puerto Rico () is the highest court of Puerto Rico, having judicial authority to interpret and decide questions of Puerto Rican law. The Court is analogous to one of the state supreme courts of the states of the United State ...

shall the incumbent government refuse to comply with the law.

Regulation of the Puerto Rico government transition process

The formal regulation governing the government transition process in Puerto Rico is outlined in Law No. 197 of 2002, enacted by the 14th Legislative Assembly of Puerto Rico. This legislation was a response to the historical lack of formal procedures, which led to issues such as the granting of contracts and auctions during transition periods, adversely affecting the budget of the incoming government.

Key provisions

# Transition Timeline: The law stipulates a specific timeline for the transition process. It mandates that the transition must commence four working days after the general election and must be concluded by or before December 31 of the election year. # Committees: The transitioning process is managed by two committees, each with a distinct composition and role: #* Outgoing Committee on Government Transition: Composed of government officers from the incumbent administration, this committee is responsible for facilitating a smooth handover of responsibilities. #* Incoming Committee on Government Transition: Composed of aides and assistants of the governor-elect, this committee prepares to assume the reins of the government and ensures a seamless transfer of power. # Public Hearings: The law emphasizes transparency by requiring that both committees conduct their meetings in public hearings whenever in session. However, exceptions are made for discussions involving confidential information. # Tasks and Obligations: Law No. 197 of 2002 specifies the tasks and obligations that various government agencies must perform during the transition period. This includes the transfer of critical information, documents, and responsibilities to guarantee continuity in governance. # Legal Recourse: The law provides a legal remedy for the governor-elect in case of non-compliance by the incumbent government. The governor-elect is empowered to file a mandamus in the Supreme Court of Puerto Rico should the outgoing administration refuse to adhere to the stipulations of the law. By establishing these comprehensive regulations, Law No. 197 aims to prevent irregularities, enhance accountability, and ensure a smooth transition of power from one government to the next in Puerto Rico. The formalization of the process helps safeguard the interests of the public and promotes stability during the crucial period of governmental transition.

References

External links

www.transicionpuertorico.com - official site
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