​The Fiscal Control Board (FCB) would have to be the one to sue Puerto Rico’s government if the workday reduction is not implemented; not the other way around, as some politicians have suggested.

This isaccording to comments made by attorney Rolando Emanuelli regarding the letter Governor Ricardo Rosselló received last Friday, which warned that if the government sued the FCB, it would ‘make things worse or delay them’.

‘Actually, the Board is who should go to court first, because they already told him that he has to comply with that. If he fails to comply, the Board could take the government’s answer to court and say, ‘Look, we already made this determination, and they are not complying,» Emmanuelli explained.

‘When the court orders the requested party—meaning the government of Puerto Rico—to show cause, then theymustprovide their reasons: ‘The Board is saying there are certain revenue deficiencies, but we say it’s not true; here are our numbers.’ And the court will determinewho’s in the right,’ he abounded.

‘But if the governor initiates legal action, the court could ask him, ‘What is the basis for your claim, if you haven’t been forced to do this yet?’ So in terms of procedures, the Board is supposed to go to court first,’ remarked the attorney, who is an expert in the topic of PROMESA.

According to the FCB, the workday reduction will come into effect on September 1st, leaving public employees with two fewer workdays a month.

If the FCB opts to go to court, the implementation date would be inevitably delayed.

‘That’s when the court could receive a motion for contempt, and the other party would be summoned, because it would be the due process of law. Then to get a reply… some time could pass. So the question is: will it start on September 1 st ?’ Emmanuelli wondered.

The attorney also foresaw the Board’s probable course of action. ‘A provisional interdict to tell the court, ‘While we solve this, give us the authority. Place my trustee there to start enforcing that budget, and as soon as a sentence is passed, we will decide what to do.»

When Rosselló received the letter last Friday, he denounced the Board’s ‘unnecessary pressure’.

‘We have been more than willing to collaborate; we’re holding frequent meetings with the Board’s advisors. That does not mean we will surrender our rights to design our own public policy. Why has it come to the point of making threats? Why can’t we talk about this like rational people? We did determine an amount for liquidity, which was $291 million, and we’re currently at $1.8billion. Why implement this?’ the governor asked.

To answer these and other questions about the FCB’s most recent announcements, watch the interview with attorney Rolando Emmanuelli here: