(No ) (Approved December 16, 2011) AN ACT

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1 (S. B. 1686) (No ) (Approved December 16, 2011) AN ACT To add a new subsection (j) to Section of Act No , as amended, known as the Autonomous Municipalities Act, in order to include a Municipal Women s Affairs Office among the administrative units as part of the organizational structure of the Executive Branch of every municipality; and for other purposes. STATEMENT OF MOTIVES Section 3 of Act No , as amended, which created the Women s Advocate Office (OPM, Spanish acronym) provides that: The public policy of the Commonwealth of Puerto Rico is to guarantee women the fulfillment and respect of their human rights and the exercise and enjoyment of their fundamental freedoms. In recognizing that women continue being the subject of significant discrimination, oppression, and alienation which violate the principles of equal rights and respect for human dignity and hinder their participation in political, social, economic, cultural, and civil endeavors, it becomes necessary to bolster and consolidate the instruments and mechanisms available to the State for the effective implementation of said social and gender equality, and respect for plurality, differences and diversity.

2 Through the implementation of this public policy and cutting-edge legislation that sought to eradicate discrimination and inequality, the Government of Puerto Rico has made great progress in gender equality. Among these achievements is the approval of legislation such as Act No. 102 of June 2, 1976, which declared March 8 as International Women s Day ; Act No. 69 of July 6, 1985, on Gender Discrimination; Act No. 18 of May 18, 1987, which declared November 25 of each year as the Day of No More Violence Against Women ; Act No. 17 of April 22, 1988, to prohibit Sexual Harassment in the Workplace; and Act No. 54 of August 15, 1989, for the Prevention of and Intervention with Domestic Violence; Act No , which directs public agencies to implement Affirmative Action Plans to guarantee that there shall be no discrimination because of gender against any employee or aspirant for employment; Act No , which eliminates discriminatory provisions in businesses operated by married women; Act No , which establishes the standards to be observed with regard to evidence on conduct that constitutes sexual harassment; Act No , which directs employers to pay full wages to workers on maternity leave and imposes the penalty of suspension or revocation of the employer s license to do business or exercise his/her profession in cases of dismissal due to pregnancy or refusal to grant maternity leave to a working mother; Act No , which eliminates the Corroboration Test as a requirement in the prosecution of the crime of rape or attempted rape, when the existence of a friendly, loving, or intimate relationship with the accused is revealed by evidence; Act No , which creates a pilot program that establishes a medical protocol to attend to victims of domestic violence; and Act No , the Act Against Stalking in Puerto Rico, among others.

3 In spite of this, discrimination against and alienation of women still persist in many social and economic spheres, caused mostly by people s lack of knowledge, backward social and cultural traditions, which have not been overcome, and a lack of or inadequate dissemination of information to the people. All of this perpetuates discrimination and alienation, regardless of the law, such as violence against women in its different manifestations, less pay for equal or comparable work, sexual harassment in the workplace and, in educational institutions, the feminization of poverty, sexism, and sexual stereotypes in education and the media. Other examples include the promotion and exploitation of women as sexual objects, the particular discrimination against women due to race and age, and the absence of a comprehensive perspective to address the economic development, self-support, health, and other rights of women, among other manifestations of discrimination. It should be our collective goal that there will come a day when an Office to promote the interests of women in society is no longer necessary. However, while conditions of gender equity, equality, and justice do not prevail, and inequality and injustice persist, it shall be the public policy of the State to prevent violations of women s rights, oversee that there is no discrimination due to gender in agencies and public and private institutions, and ensure that the same is eradicated in all its manifestations. For such reasons, this Legislative Assembly deems that, in order to achieve true gender equality, it is necessary to extend the scope of the purposes for which the Women s Advocate Office was created, so that services and aid to women are available throughout the Island. The most effective way manner to achieve this is to establish a Municipal Women s Affairs Office in every municipality, so that all our female population is covered by the scope of this public policy.

4 According to Census Bureau estimates, women constitute 51.5 percent of Puerto Rico s population in Our people cannot afford to deny justice and equality to a group so large and with such a high probability of facing discrimination and inequality. By offering women services coordinated between the Commonwealth s Government and the municipalities closer to their place of residence, OPM ensures that the message of equality reaches all corners of the Island, and that Puerto Rican women are enabled and empowered with the necessary knowledge, information, and tools to achieve gender equality and justice. BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF PUERTO RICO: Section 1.- A new subsection (j) is hereby added to Section of Act No , as amended, known as the Autonomous Municipalities Act, to read as follows: Section Municipal Executive Branch.- The administrative organization of the Executive Branch of each municipality shall respond to a structure that will allow the latter to handle each and every function and activity within its jurisdiction according to the needs of its inhabitants, the importance of the public services to be rendered, and the fiscal capability of the municipality in question. Every municipality shall have the following administrative units as part of their organizational structure, with the exception of subsections (i) and (j) of this Section, which shall be optional. As to subsection (h) of this Section, said Office may be an independent administrative unit or a part of any of the following units or of any other unit to be established by the municipality: (a) The Office of the Mayor. (b) The Office of the Municipal Secretary. (c) The Municipal Finance Office.

5 (d) The Department of Transportation and Public Works. (e) The Human Resources Administration Office. (f) The Internal Auditing Unit. (g) The Municipal Emergency Management and Disaster Administration Office. (h) The Municipal Federal Programs Office. (i) The Municipal Tourism Development Office. The municipalities that choose to establish a Tourism Office shall have the benefit of receiving advisory services on internal and external tourism planning, promotion, development, and research and marketing studies, among others, directly from the Tourism Company. (j) The Municipal Women s Affairs Office. The basic administrative structure described above shall be considered to be the minimum. Each municipality may adapt the structure according to its particular circumstances and with the exception of those itemized in subsections (f) and (g) of this section, and rearrange or consolidate administrative units or establish others that are not specifically indicated in this subtitle to ensure a rational division of municipal functions and matters according to their nature and to a balanced distribution of workload and responsibilities. However, the basic administrative units provided above shall always be maintained. The Municipal Women s Affairs Office shall serve as liaison with the Women s Advocate Office and the agencies of the Executive Branch of the Government of Puerto Rico in order to provide women with services and aid offered coordinately by the municipality and said agencies. The municipality may, without it being understood as a limitation, provide these services to women together with other citizen s assistance services,

6 such as assistance to veterans, youths, the elderly, persons with disabilities or others, provided that the same comply with the purposes of the public policy set forth herein. The administrative organization of each municipality, as well as other specific functions assigned to the various administrative units and their coordination, shall be governed by their respective organic and functional regulations approved by the municipal legislature, except that said approval shall not be required by the Municipal Emergency Management and Disaster Administration Office. Regarding the latter, the Director of the Municipal Emergency Management and Disaster Administration Office shall organize and administer said unit according to the directions of the Commonwealth Agency Director, pursuant to the provisions of Act No , known as the Commonwealth of Puerto Rico Emergency Management and Disaster Administration Agency Act. However, the Mayor is granted the authority to make the personnel changes he/she may deem necessary or convenient within the Municipal Emergency Management and Disaster Administration Office. Section 2.- This Act shall take effect immediately after its approval.

7 CERTIFICATION I hereby certify to the Secretary of State that the following Act No (S. B. 1686) of the 6 th Regular Session of the 16 th Legislative Assembly of Puerto Rico: AN ACT to add a new subsection (j) to Section of Act No , as amended, known as the Autonomous Municipalities Act, in order to include a Municipal Women s Affairs Office among the administrative units as part of the organizational structure of the Executive Branch of every municipality; and for other purposes. has been translated from Spanish to English and that the English version is correct. In San Juan, Puerto Rico, on this 17 th day of July, Juan Luis Martínez Martínez Acting Director