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.[1]
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 days after the general election, 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 in the Supreme Court of Puerto Rico shall the incumbent government refuse to comply with the law.[1]
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.
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.[2]
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.[3]
