P.R. Laws tit. 3, § 1976b
The position of Advocate for the Elderly is hereby created, to 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 Advocate shall be fixed by the Governor, taking into consideration what is established for the Secretaries of Executive Departments. The person thus appointed shall be of recognized professional capability, independence of thought, and moral probity. In addition, this position may only be held by a person with knowledge and/or experience in public administration, government procedure, and services for the elderly, and furthermore, he/she shall have studied and obtained a graduate college degree in gerontology. He or she may avail him/herself of the benefits established in [§§ 761 et seq. of this title, which establishes] the Retirement System of the Employees of the Government of Puerto Rico and its government entities or dependencies. He or she shall also be a resident of Puerto Rico for at least five (5) years immediately before the date of his/her appointment. No person who has held an elective office or an executive office which requires the confirmation of the Senate of the Commonwealth of Puerto Rico may be appointed, during the term for which he/she was elected or designated, to hold the position of Advocate for the Elderly.
The Governor, without this undermining his/her constitutional prerogatives, may request and receive recommendations from the government sector and from groups identified with the rights of the elderly on possible candidates to fill the position.
The Governor, after notice and hearing, may declare a vacancy in the position of the Advocate due to physical or mental disability which impairs him/her in the performance of the functions of the position, due to negligence in the performance of his/her duties or due to an omission in the compliance of duty. In addition, 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 the position.
In case of sickness or temporary absence of the Advocate, the Advocate may designate an Auxiliary Advocate to cover said position, and he/she shall assume all the functions, duties and powers of said position, until the Advocate returns to office. When a disability arises which prevents him/her from continuing to hold said position, or the position of Advocate becomes permanently vacant, before the expiration of the term of appointment, the person temporarily designated shall assume all the functions, duties and powers of the Advocate for the remainder of the term of the person causing such a vacancy, until his/her successor is appointed and takes office.
History —Aug. 7, 2004, No. 203, § 5.