The Puerto Rico Court of Appeals recently upheld a 90-day suspension for Miguel Andino Pastrana, a municipal employee in San Juan, following a workplace incident involving his supervisor. The court's decision, issued on August 31, 2026, confirms the authority of municipal agencies to impose disciplinary measures for employee misconduct, emphasizing the standards of conduct expected from public employees.

This ruling is significant as it reinforces the accountability of public employees in Puerto Rico, particularly in the context of workplace behavior and the consequences of insubordination. The case illustrates the legal framework surrounding employee rights and the disciplinary processes within municipal government.

Background

The dispute arose when Miguel Andino Pastrana, who served as the Assistant Director of the Investment Program for the Department of Economic Development and Tourism in San Juan, was notified of his impending dismissal on September 13, 2013. The municipality cited his disrespectful behavior towards his supervisor, Iraida Hornedo, during an incident on August 22, 2013, as the basis for the disciplinary action.

Initially, the municipality intended to terminate Pastrana's employment due to his alleged insubordination and previous disciplinary record, which included a prior suspension for similar behavior. Following the incident, a municipal examiner reviewed the case and determined that while Pastrana's conduct warranted disciplinary action, immediate termination was not justified. Instead, the examiner recommended a 90-day suspension, which the municipality subsequently imposed.

The Ruling

The Court of Appeals reviewed the case after Pastrana appealed the suspension, arguing that the Commission on Public Service Appeals had erred in its decision. The court found that the evidence presented supported the municipality's decision to impose the suspension. The ruling stated, "The evidence establishes that the appellant engaged in insubordination and disrespectful behavior towards his supervisor, violating the established norms of conduct."

The panel, consisting of Judges Grana Martínez, Ronda Del Toro, and Lotti Rodríguez, confirmed that the municipality acted within its rights to discipline Pastrana based on the findings of the official examiner. The court emphasized that the standard of proof required in administrative disciplinary proceedings is "clear, robust, and convincing," which was met in this case.

Impact

This ruling has important implications for public employees in Puerto Rico. It underscores the necessity for adherence to workplace conduct standards and the repercussions of failing to comply. The decision also clarifies that public employees can face disciplinary actions, including suspensions, even if they are not criminally charged or found guilty of misconduct in a criminal court.

The court's affirmation of the suspension sets a precedent for similar cases in the future, reinforcing the authority of municipal agencies to enforce workplace discipline and maintain professional standards among employees. This ruling may serve as a warning to other public employees about the consequences of insubordination and disrespectful behavior in the workplace.

What's Next

Details were not available in the court filing regarding whether Pastrana plans to appeal the decision further or if there are related cases pending. However, the ruling establishes a clear framework for how similar disputes may be handled in the future.