P.R. Laws tit. 4, § 1439

2019-02-20 00:00:00+00
§ 1439. Interstate Commission—Activities

The Interstate Commission shall meet and take those actions consistent with the provisions of this Compact.

Except as otherwise provided in this Compact and unless a greater percentage is required under the bylaws, in order to constitute an act of the Interstate Commission, the act must have been approved at a meeting of the Interstate Commission and must have received an affirmative vote of a majority of the members present.

Each member of the Interstate Commission has the right and power to cast the vote to which that compacting state is entitled and to participate in the business and affairs of the Interstate Commission. A member must vote in person on behalf of the compacting state and may not delegate a vote to another compacting state. However, the state council shall designate another authorized representative, in the absence of the Commissioner of said state, to cast a vote on behalf of the compacting state at a specified meeting. The bylaws may provide for the participation of members in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone or other means of telecommunication or electronic communication is subject to the same quorum requirements provided for meetings where members are present in person.

The Interstate Commission shall meet at least once during every calendar year. The president of the Interstate Commission may call for additional meetings at any time and at the request of the majority of the members may call for additional meetings.

The Interstate Commission’s bylaws shall establish the conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure any official information or records to the extent the information or records would adversely affect personal privacy rights or proprietary interests. In adopting said bylaws, the Interstate Commission may make available to law enforcement agencies those records and information otherwise exempt from disclosure and may enter into agreements with law enforcement agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions.

Public notice shall be given of all meetings and all meetings must be open to the public, except as set forth in the bylaws or as otherwise provided in the Compact. The Interstate Commission shall adopt rules consistent with the principles contained in the Government in Sunshine Act (5 U.S.C. Section 552(b)), as amended. The Interstate Commission and any of its committees may close a meeting to the public when the Interstate Commission determines by two-thirds ( 2 / 3 ) vote that an open meeting would be likely to:

(a) Relate solely to the Interstate Commission’s internal personnel practices and procedures.

(b) Disclose matters specifically exempted from disclosure by statute.

(c) Disclose trade secrets or commercial or financial information that is privileged or confidential.

(d) Involve accusing any person of a crime or formally censuring any person.

(e) Disclose information of a personal nature when the disclosure would constitute a clearly unwarranted invasion of personal privacy.

(f) Disclose investigatory records compiled for law enforcement purposes.

(g) Disclose information contained in or related to examination, operating, or condition reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect to an entity subject to regulations for the purpose of regulating or supervising the entity.

(h) Disclose information when the premature disclosure would significantly endanger the life of a person or the stability of a regulated entity.

(i) Specifically related to the Interstate Commission’s issuance of a subpoena or its participation in a civil action or proceeding.

For every closed meeting carried out pursuant to this provision, the Interstate Commission’s chief legal officer shall publicly certify that, in the officer’s opinion, the meeting may be closed to the public and shall make reference to each relevant provision authorizing closure of the meeting. The Interstate Commission shall keep minutes that fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any action taken, and the reasons for the same, including a description of each of the views expressed on any item and the record of any roll call vote (reflected in the vote of each member in question). All documents considered in connection with any action must be identified in said minutes.

The Interstate Commission shall collect standardized data concerning the Interstate movement of offenders as established in its bylaws and rules that specify the data to be collected, the means of collection and data exchange and reporting requirements.

History —Aug. 11, 2004, No. 208, § 1, art. 7.