Lawmaker seeks probe into LUMA smart meter program amid billing complaints
By THE STAR STAFF
Former La Fortaleza Chief of Staff Francisco Domenech Fernández has asked the Government Ethics Office (OEG by its initials in Spanish) to dismiss an ethics complaint filed against him, arguing that his decision to hire attorney Janet Parra Mercado for legal representation does not violate the Government Ethics Act.
In a motion filed Thursday, Domenech’s legal team requested dismissal and summary judgment in connection with Complaint 27-21, filed on Oct. 29. The complaint challenges Domenech’s hiring of Parra Mercado after he left government service.
“The OEG does not allege that Mr. Domenech Fernández received a single cent from anyone,” attorney Iván Rivera Reyes said in a written statement. “What it seeks to do is punish him for paying the attorney he chose to defend him. That is not the conduct prohibited by law. The purpose of the statute is to prevent ‘revolving door’ situations, which are not present in this case, and we are confident the forum will reach that conclusion.”
The ethics complaint stems from a letter of no objection related to a contract between the State Insurance Fund Corp. (CFSE) and Parra Mercado that was issued nearly a year earlier and bore the electronic signatures of Domenech and the director of the Office of Management and Budget.
According to the defense, Article 4.6(c) of Puerto Rico’s Government Ethics Act was designed to prevent former public officials from obtaining employment, compensation or other benefits from private entities that received favorable treatment during their tenure in government.
Domenech’s attorneys argue that the provision does not apply because the former La Fortaleza chief of staff retained Parra Mercado to represent him in a personal matter and paid for her legal services with his own funds. As a result, they contend, he did not receive compensation or any other benefit from the attorney.
The filing further asserts that the communication cited by the OEG was part of a routine fiscal review process carried out by the Governor’s Office, which reviews more than 7,500 transactions annually. According to the defense, Domenech neither selected, negotiated, awarded nor administered the CFSE contract with Parra Mercado and played no role in authorizing payments under that agreement.
The motion also argues that the OEG’s interpretation of the law could infringe on Domenech’s constitutional right to choose his legal counsel. Parra Mercado was retained to represent him in connection with an investigation before Puerto Rico’s Independent Special Prosecutor Panel.
In addition, the defense maintains that imposing sanctions based on what it describes as a novel interpretation of Article 4.6(c) would violate Domenech’s due process rights.
The attorneys are asking the OEG to resolve the matter without a hearing, grant the motion to dismiss and order the complaint closed without penalties.
The complaint remains pending before the OEG.
