Buxó Santiago v. Oficina de Ética Gubernamental
2024 TSPR 130
P.R.2024Background
- Zoraida Buxó Santiago was elected as a Delegada Congresional under the 2020 law creating Puerto Rico's Congressional Delegation, tasked to advance Puerto Rican statehood and funded by public funds.
- The Director of the Oficina de Ética Gubernamental (OEG) required Buxó to submit financial disclosure forms as under Article 5.1 of the OEG's Organic Law, generally required of specified public officials.
- Buxó challenged the OEG's authority to require disclosures from Congressional Delegates, arguing her position is not listed and the OEG acted ultra vires.
- Both the trial and appellate courts dismissed her request, holding the administrative process should run its course, and that there was no immediate, irreparable harm.
- The Supreme Court of Puerto Rico granted certiorari to address whether Congressional Delegates are required by law to file financial statements with the OEG.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the OEG authorized to require disclosures from Congressional Delegates under Art. 5.1? | Buxó: The law's list is exhaustive and does not include Delegates; OEG lacks authority. | OEG: Delegates are public officials influencing policy and should comply. | No, the list in Art. 5.1 is exhaustive; OEG lacks power. |
| Should the plaintiff have exhausted administrative remedies before seeking relief? | Buxó: Agency plainly lacks jurisdiction, so judicial intervention is justifiable. | OEG: Administrative remedies should have been exhausted before going to court. | Not required here; agency jurisdiction was clearly lacking. |
| Can the OEG Director modify the list of officials obligated to report via a statutory interpretation of Art. 5.1(C)? | Buxó: "Modify or exempt" only applies to officials already on the list. | OEG: The Director can expand the obligation to new roles like Delegates. | No, Director cannot expand beyond legislative enumeration. |
| Is the controversy moot because Delegate terms are expiring? | Buxó: Continuing consequences mean it is not moot. | OEG: The term is ending soon so any relief would be moot. | Not moot; collateral consequences may persist after term ends. |
Key Cases Cited
- Yiyi Motors, Inc. v. ELA, 177 DPR 230 (P.R. 2009) (agency jurisdiction must be clear and cannot be expanded by administrative interpretation)
- Sánchez v. Departamento de Vivienda, 184 DPR 95 (P.R. 2011) (agency powers strictly limited to legislative grant)
- OEG v. Rodríguez y otros, 159 DPR 98 (P.R. 2003) (statutory interpretation and administrative deference limits)
--- The Supreme Court of Puerto Rico reversed the appeals court, holding that OEG's Organic Law contains a closed list of positions required to file financial disclosures—a list which does not include Congressional Delegates. Thus, the OEG lacks the authority to require such disclosures from them. Judicial relief was proper without requiring exhaustion of administrative procedures because the agency clearly lacked jurisdiction.