The complaint whereby it is requested that a prosecutor or advocate be admonished, severed, suspended or removed shall be processed pursuant to the procedure adopted through regulations. The complaint shall be presented at the Department, by initiative of the Secretary or by any citizen in the form of a sworn written statement. Once presented, the Secretary shall order an investigation on the alleged facts. Based on the investigation conducted, the Secretary may dismiss the complaint or bring charges, notifying the official in question in writing stating the causes and grounds and giving him/her the opportunity to be heard. In these cases, the Secretary may, while preparing the procedure, relieve the prosecutor or advocate from his/her functions, reassign him/her to other tasks or take any other measure that, pursuant to the circumstances of the case, it is necessary to adopt in benefit of the service.Once the charges have been proven, the Secretary may admonish the prosecutor or advocate or submit a report to the Governor with the findings, conclusions and recommendations arising from the procedure for the severance, job and pay suspension or removal of said official. tor or advocate or submit a report to the Governor with the findings, conclusions and recommendations arising from the procedure for the severance, job and pay suspension or removal of said official. Based on said report, the Governor shall determine which action is in order.The permanent severance from office of a prosecutor or advocate shall not impair his/her vested rights under the Retirement System of the Employees of the Government of the Commonwealth pursuant to the provisions of §§ 761 et seq. of this title. History —Aug. 9, 2004, No. 205, § 87.
Puerto Rico Legal Code