The position of the Ombudsman for the Elderly is hereby created. The Ombudsman shall be appointed by the Governor with the advice and consent of the Senate of the Commonwealth of Puerto Rico for a ten (10)-year term, until his/her successor is appointed and takes office.
The compensation for the position of Ombudsman shall be fixed by the Governor, in accordance with customary standards for the positions of the Secretaries of Executive Departments. The person thus appointed shall be knowledgeable, of recognized professional capability, and independence of judgment. In addition, said position may only be held by a person knowledgeable in and/or with experience in public administration, government procedure, and elderly-related services, and who has pursued studies and/or earned a graduate degree in gerontology. The Ombudsman may avail him/herself of the benefits of §§ 761 et seq. of Title 3, which establishes the Retirement System of the Employees of the Government of Puerto Rico and its Government Entities or Agencies. Moreover, the Ombudsman must have been a Puerto Rico resident for at least the five (5) years immediately preceding the date of his/her appointment.
The Governor, without impairment to his/her constitutional prerogatives, may request and receive recommendations from the government sector and from groups concerned with the rights of the elderly on potential candidates to hold said position.
The Governor, upon notice and hearing, may declare the position of Ombudsman vacant due to physical or mental disability which prevents him/her from discharging the functions of the office, if the Ombudsman has been negligent in the performance of his/her duties, or has failed to comply therewith. Furthermore, the commission of and conviction for any crime against public office, against the public treasury, and/or any felony, shall constitute causes for removal from office.
In the event of illness or temporary absence of the Ombudsman, he/she may designate an Assistant Ombudsman to hold such office. The Assistant Ombudsman shall assume all the functions, duties, and powers of said office until the Ombudsman returns to office. In the event of a disability that prevents the Ombudsman from continuing to hold said office, or if the position of Ombudsman becomes permanently vacant before the term of appointment expires, the person temporarily designated shall assume all functions, duties, and powers of the office for the remainder of the term of appointment, until a successor is appointed and takes office.
History —July 24, 2013, No. 76, § 6.