Surprising Order Regarding Salaries Puts New Pressure on UPR Strike
The Central Administration of the University of Puerto Rico (UPR) advised the chancellors of the university system today to take 'immediate' measures to comply with the opinion issued by Secretary of Justice Wanda Vázquez, regarding payroll payments to professors and employees during the strike.
The Director of Finances of the Central Administration, Norberto González, cited portions of the opinion, which was issued by the Justice Department in response to an inquiry made by the Comptroller—not by the request of UPR—, but it is unclear from the letter if the advisory or warning is his initiative.
From a legal standpoint, the inquiry only gives power to the Comptroller, who might use it as the basis of an audit finding, but it is not legally binding for any of the parties.
González's letter does not make any reference to what would happen with the payments made until now during the strike; it only warns that those in charge of human resources and payroll in each campus should comply with the fundamentals of Vázquez's letter.
NotiCel learned that the biweekly payroll was paid today, Friday, May 26, and that the corresponding staff in some campuses are preparing to legally challenge González's communication.
For now, in the absence of a President and with the Governing Board in recess, González could have the power to order the suspension of any payments.
UPR currently lacks a president, while the leaderless Governing Board lacks the quorum to make decisions. There are, however, three vice-presidents in the Central Administration: Academic Affairs, Student Affairs, and Research and Innovation.
Dr. Carlos Ramos Bellido is the interim vice-president for Academic Affairs, Dr. Nitza Hebé Rivera is the interim vice-president for Student Affairs, and Dr. Gladys Escalona is the vice-president for Research and Innovation.
'The University became aware of the opinion issued by the Secretary of Justice, and the Central Administration notified the corresponding campus officials so they would comply,' said Joseph Martínez, press director of the Central Administration, to NotiCel regarding González's authority to issue the missive.
González's letter extensively cites Vázquez's opinion, who held that 'it is contrary to the Constitution, morality, law, and public order to disburse public funds for services not rendered, regardless of whether it is stipulated in a collective bargaining agreement or any other contract, and those who are called upon to administer them have a greater responsibility to prevent the possibly excessive distribution of funds without a legitimate end, as outlined in our current state of law'.
'It is evident that, while the University of Puerto Rico remains closed, these objectives are not being met,' adds the opinion of the Justice Department.
González concludes his letter by asking the directors of Human Resources and the directors of Finances of each campus to meet and consult with their respective legal offices, in order to 'execute the necessary processes for correctly implementing what is stipulated in the Secretary of Justice's communication, effective the next scheduled payroll on June 14, 2017.'