Fortaleza declines to say who authorized Norberto Almodóvar’s transfer to Housing Dept.

Fortaleza Public Affairs Secretary Jean Peña Payano.

By THE STAR STAFF

La Fortaleza Public Affairs Secretary Jean Peña Payano on Tuesday declined to identify who in the Governor’s Office authorized the transfer of former Permits Management Office (OGPe) assistant secretary Norberto Almodóvar to the Department of Housing, a move made while Almodóvar remains under investigation for his conduct at OGPe.

Peña Payano, pressed repeatedly during a press conference, said he does not handle day‑to‑day personnel transfers within La Fortaleza and could not specify who approved the assignment or whether the decision raised a conflict of interest.

“I don’t manage the day‑to‑day of transfers in Fortaleza,” he said, adding that such authorizations are processed through the Secretariat of the Governorship.

The controversy stems from Almodóvar’s relocation from OGPe to Housing despite an ongoing probe into alleged irregularities during his tenure as head of the agency’s permits division.

The matter against Almodovar originated with a complaint filed by Sebastián Negrón Reichard, former secretary of the Department of Economic Development and Commerce. Negrón accused the former OGPe officials of improper intervention in agency operations. The Department of Justice, through its Public Integrity and Comptroller Affairs Division (DIPAC), conducted a preliminary investigation and recommended appointing an independent prosecutor. A SIP was subsequently appointed.  According to DIPAC’s findings, there is sufficient cause to believe that Almodóvar may have violated Article 254 of the Puerto Rico Penal Code, which addresses undue intervention in governmental operations, as well as Article 261, which concerns undue influence. The agency also cited potential violations of Articles 4.2(b), 4.2(f), and 4.2(s) of the Government Ethics Office Organic Act. 

Reporters questioned whether La Fortaleza Chief of Staff Francisco Domenech Fernández—who has been mentioned in the context of the investigation—played any role in approving the transfer but Peña Payano said he did not know.

He insisted that Almodóvar retains labor rights and is entitled to due process while the investigation proceeds.

“There is due process. There is an ongoing investigation. There is a presumption of innocence. There are labor rights that, just like in the private sector, always apply in favor of the employee,” he said.

According to Peña Payano, the transfer was discussed between the Department of Economic Development and Commerce (DDEC) and the Housing Department, and Almodóvar himself requested the move because he was being investigated in the office he once led.

He emphasized that personnel transfers are common under Puerto Rico’s single‑employer law and can be initiated either by agency heads or employees.

Peña Payano did not clarify whether DDEC’s internal review of Almodóvar’s potential summary suspension has concluded, though he said he could verify the status of the human resources investigation.

He also confirmed that Almodóvar continues to receive his OGPe salary while working at Housing, without any additional pay differential.

Peña Payano rejected reports that Almodóvar had been appointed Housing deputy secretary.

“Any outlet that reported he was designated as Housing deputy secretary is wrong. He has an administrative assignment. He is not the deputy secretary,” he said.

Almodóvar currently holds a special assistant position with administrative functions, Peña Payano added, stressing that it is not a managerial or executive role.

Any decision regarding Almodóvar’s continued placement at Housing will depend on the outcome of the investigation by the Special Independent Prosecutor Panel (FEI), Peña Payano said.

“Depending on what the special independent prosecutor determines, the Executive will make its decision,” he noted.