P.R. Laws tit. 9, § 2020a
(a) Appointment and composition of the Board.— The powers of the Authority shall be exercised and its general policy shall be determined by a Board of Directors (hereinafter, the “Board”). The Governor of the Commonwealth of Puerto Rico shall appoint, with the advice and consent of the Senate, three (3) out of the seven (7) Board members, one (1) of which shall be an engineer authorized to practice his profession in Puerto Rico; one (1) shall be a professional with knowledge and broad experience in finances; and one (1) shall be selected by the Governor from a list of at least ten (10) candidates submitted by the professional associations and nonprofit organizations designated by the Governor that are renowned in the fields of economics, planning, public administration, or economic development, or whose members are persons knowledgeable in these fields. Such entities shall have thirty (30) calendar days after the Governor’s request to submit their short list of candidates. The Governor, at his discretion, shall evaluate the recommendations made by these associations or organizations and choose one (1) person from the list. If the Governor rejects the recommended persons, such associations or organizations shall submit another list within the next thirty (30) calendar days. If the Governor does not choose any of the candidates recommended from the second short list, he may designate another person to hold office, without the need for any additional recommendations from the aforementioned professional associations or nonprofit organizations. The remaining four (4) members of the Board of Directors shall be ex officio members, namely, the Secretary of the Department of Transportation and Public Works (who shall be the Chair of the Board), the Chair of the Puerto Rico Planning Board, the Secretary of the Department of the Treasury, and the President of the Government Development Bank for Puerto Rico. The ex officio members may not delegate their Board member duties to subordinate officials. The term of the three (3) members who are not ex officio members shall be four (4) years or until their successors take office.
The payment of any compensation and/or per diems to the members of the Board is strictly prohibited.
Any vacancy in the office of the three (3) members appointed by the Governor shall be filled by appointment by the Governor, in accordance with the specifications applicable to the vacant position for the unexpired term of the original appointment.
No person may become a member of the Board if he: (1) is an employee, retiree, or has directly or indirectly any substantial financial interest in any private company with which the Authority has any contracts or with whom it engages in transactions of any kind; (2) within two (2) years before holding office, has had a business relationship with or any interest in any private company with which the Authority has any contracts or with whom it engages in transactions of any kind; (3) has been a member of a local or central directing body of a political party registered in the Commonwealth of Puerto Rico during the year immediately preceding his appointment; (4) is an employee, member, advisor, or contractor of the Authority’s labor unions; or (5) has failed to provide the certification of having filed income tax returns during the five (5) preceding taxable years, the no debt certification issued by the Department of the Treasury, the certification of having no debts outstanding with the Authority, the Criminal Record issued by the Puerto Rico Police Department, as well as negative certifications of the Child Support Administration (ASUME, Spanish acronym) and the Municipal Revenues Collections Center (CRIM, Spanish acronym).
In the case of public employees, the time served in the Board’s meetings shall be deemed as time worked in the agency, public corporation or instrumentality of which they are employees.
(b) Organization of the Board; quorum; designation of the Executive Director.— Within thirty (30) days after its appointment, the Board shall meet, organize, and select its Chair (the Secretary of the Department of Transportation and Public Works) and Vice-Chair. At that same meeting, it shall appoint and fix the compensation of an Executive Director, and shall also appoint a Secretary, neither of whom shall be a member of the Board. The works of the Board may be carried out in one or more working committees, whose composition and duties shall be determined by the Chair of the Board. The Board may delegate to the Executive Director or other officials, agents, or employees of the Authority such powers and duties as it may deem appropriate. The Executive Director shall be the executive officer of the Authority and shall be responsible for the implementation of its policy and for the general supervision of the operational phases of the Authority. The Board shall be empowered to contract, through the Executive Director, any independent advisors needed from time to time to carry out its duties under this chapter in the best manner possible. The Authority shall have a General Auditor who shall be an employee of the Authority, but shall report his findings directly to the Board and have independent judgment.
Four (4) members of the Board (or a majority of the Board members in the event of vacancies) shall constitute a quorum for the transaction of its business and any other purpose. Every decision shall be made by not less than four (4) Board members.
The Executive Director shall be charged with the general supervision of the officials, employees, and agents of the Authority. The Executive Director may attend all Board meetings but shall not be entitled to vote.
(c) Other powers.— Moreover, the Board shall be empowered to approve, amend, and repeal such regulations deemed necessary or convenient to achieve the ends, purposes, and carry out the activities thereof. The Board shall determine the manner in which the budget for capital improvements and the operating budget shall be allocated and used, in accordance with the plans and needs thereof.
History —June 23, 1965, No. 74, p. 158, added as § 21 on Mar. 21, 2014, No. 41, § 4.