P.R. Laws tit. 23, § 671b
The board shall be composed of the following seven (7) members: the Secretary of Economic Development and Commerce, or his/her designated representative, who shall have the capability, knowledge and decision-making authority to effectively represent the executive official being represented; and six (6) regular citizens appointed by the Governor of Puerto Rico for a term of four (4) years with the advice and consent of the Senate of Puerto Rico; provided, that the term of the appointment shall not exceed the term for which the governor who appointed them was elected. Two (2) members shall have experience and knowledge in the hotel and parador sector; at least three (3) members shall represent different tourist regions other than the metropolitan area. Notwithstanding the foregoing, the six (6) members of the private sector may continue to hold their office until the governor in office for the following four-year term appoints their successors. The Secretary of Economic Development and Commerce shall be the Chair of the Board. In the event that the Secretary of Economic Development and Commerce is unable to attend, his/her designated representative shall answer directly to him/her, who shall, in turn, be responsible for the determinations made by the Board. The seven (7) members shall be entitled to vote.
The six (6) private citizens appointed to the board shall meet the requirement of filing an annual report with the Office of Government Ethics, as provided in §§ 1801 et seq. of Title 3, known as the “Ethics in Government Act”.
The members of the board shall receive no compensation whatsoever for their services. However, the company shall reimburse the board members of the private sector any expenses incurred by them while performing their duties, as provided in the Tourism Company Personnel’s Regulation.
The Board of Directors shall have an advisory council composed of one representative of the Puerto Rico Hotel and Tourism Association, one representative of the Executive Committee of the Puerto Rico Convention Bureau, one representative of the Puerto Rican parador sector, one representative of the Airlines Association, one member of the tourism transportation sector, and any other member of the industry that the board may designate for such purposes. Such Advisory Council shall advise the members of the board on any issue referred to it, provided, however, that no member of the advisory council shall be entitled to vote in the board.
Within sixty (60) days after the board members have been designated, the board shall meet, organize, and appoint a vice chair. It shall also designate and fix the compensation of an executive director and a secretary, none of which shall be a member of the board. The board shall delegate onto the Executive Director those powers and duties that it may deem appropriate to fully execute the public policy on tourism of the government.
The majority of the members appointed to the board shall constitute a quorum to carry out its meetings and all agreements shall be reached by the majority of the members present with a duly constituted quorum; provided, however, that: (1) with respect to matters in which three (3) or four (4) members of the board have any conflict of interests in any particular issue or matter, as provided in this section, at least three (3) members shall constitute a quorum and all actions related to such matters shall be approved, at least, by the affirmative vote of the majority of members, who shall constitute the majority of the board for such issues.
Provided, further, That the presence of the Chair of the Board or his/her designated representative, as authorized by this section, at the board meetings shall be a sine qua non requirement for constituting a quorum in any of the aforementioned cases.
The term “conflict of interests” shall mean any personal, family or business relationship that may be construed as affecting the objectivity of a member of the board. The board may issue any rules, regulations or circular letters it may deem necessary to implement the provisions of this section.
History —June 18, 1970, No. 10, p. 413, § 3; June 3, 1976, No. 141, p. 416, § 3; July 24, 1985, No. 24, p. 755, § 1; May 6, 2001, No. 29, § 1; Dec. 19, 2002, No. 282, § 64; Dec. 16, 2009, No. 170, § 1.