Administrative Code of 1987

Section 1

Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.

Section 1

To insure that a person appointed in the career service can satisfactorily perform the duties and assume the responsibilities of the position to which he is being appointed, his fitness shall be initially determined by the appointing officer on the basis of the qualification standards established for the position. For this purpose, qualification standards shall be established for all positions in the first and second levels.

Section 2

It is the responsibility of heads of departments, offices and agencies to establish measures and standards that will ensure transparency of and openness in public transactions in their respective offices, such as in biddings, purchases, other financial transactions including contracts, status of projects, and all other matters involving public interest. They shall establish information systems that will inform the public of the following: (a) policies, rules, and procedures; (b) work programs, projects, and performance targets; (c) performance reports; and (d) all other documents as may hereafter be classified as public information. Such information shall be utilized solely for the purpose of informing the public of such policies; programs and accomplishments, and not to build the public image of any official or employee or to advance his own personal interest.

Section 2

A qualification standard is a statement of the minimum qualifications for a position which shall include education, experience, training, civil service eligibility, and physical characteristics and personality traits required by the job.

Section 3

Every department, office or agency shall provide official information, records or documents to any requesting public, except if: (a) such information, record or document must be kept secret in the interest of national defense or security or the conduct of foreign affairs; (b) such disclosure would put the life and safety of an individual in imminent danger; (c) the information, record or document sought falls within the concepts of established privilege or recognized exceptions as may be provided by law or settled policy or jurisprudence; * (d) such information, record or document comprises drafts of decisions, orders, rulings, policy decisions, memoranda, etc.; (e) it would disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; ** (f) it would disclose investigatory records compiled for law enforcement purposes, or information which if written would be contained in such records, but only to the extent that the production of such records or information would (i) interfere with enforcement proceedings, (ii) deprive a person of a right to a fair trial or an impartial adjudication, (iii) disclose the identity of a confidential source and, in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the confidential source, or (iv) unjustifiably disclose investigative techniques and procedures; or (g) it would disclose information the premature disclosure of which would (i) in the case of a department, office or agency which regulates currencies, securities, commodities, or financial institutions, be likely to lead to significant financial speculation in currencies, securities, or commodities, or significantly endanger the stability of any financial institution; or (ii) in the case of any department, office or agency, be likely or significantly to frustrate implementation of a proposed official action, except that subparagraph (f) (ii) shall not apply in any instance where the department, office or agency has already disclosed to the public the content or nature of its proposed action, or where the department, office or agency is required by law to make such disclosure on its own initiative prior to taking final official action on such proposal.

Section 3

Qualification standards shall be used as basis for civil service examinations, as guides in appointments and other personnel actions, in the adjudication of protested appointments, in determining training needs, and as aids in the evaluation of the personnel work programs of an agency.

Section 4

The Commission shall adopt qualification standards for service-wide positions in the first and second levels and shall review and update, whenever necessary, those already established. Each department or agency shall establish qualification standards for positions unique to the department or agency concerned and shall submit the same to the Commission for approval. These qualification standards shall be effective 30 days from approval by the Commission. All employees of the department or agency shall be properly notified of this approval, notices of which shall be posted on the bulletin board of the department or agency concerned.

Section 4

Every head of department, office and agency shall establish information systems and networks that will affect the widest possible dissemination of information regarding the provisions of the Code, and the policies and programs relative thereto.

Section 5

Whenever necessary, the Commission shall provide technical assistance to departments and agencies in the development of their qualification standards.

Section 6

Until December 31, 1992, substitution of deficiencies in education, training or experience may be allowed interchangeably with one another, except for positions covered by special laws where minimum qualifications are prescribed. After December 31, 1992, no such substitution shall be allowed.

Section 7

It shall be the responsibility of the departments and agencies to establish, administer and maintain the qualification standards on a continuing basis as an incentive to career advancement.