P.R. Laws tit. 21, § 967

2019-02-20 00:00:00+00
§ 967. Advisory Council—Creation

The Special Communities Development Advisory Council is hereby created, hereinafter denominated as the Council, which shall be chaired by the Governor and constituted by the Coordinator of the Office, the Municipal Affairs Commissioner, the Secretary of the Department of Housing, the Secretary of the Department of the Family, the Puerto Rico Police Superintendent, the Secretary of the Department of Health, the Secretary of the Department of Education, the Secretary of the Sports and Recreation Department, the Secretary of Economic Development and Commerce, the Secretary of the Department of Transportation and Public Works, the Secretary of Labor and Human Resources, the Administrator of the Regulations and Permit Administration, the President of the Puerto Rico Planning Board, the Executive Director of the Electric Power Authority, the Executive Director of the Aqueducts and Sewers Authority, the Executive Director of the Infrastructure Financing Authority, a mayor who is a member of the Puerto Rico Mayors’ Association, and another mayor who is a member of the Puerto Rico Mayors’ Federation, a municipal legislator for each of the different political parties that have competed in past municipal elections, a professional in the environmental protection area with vast experience and education at university level in the field, and four representatives of the public interest, who shall be residents of special communities, of which two shall not be residents of the Metropolitan Area, as well as one representative of the private sector who shall be a person with broad experience and knowledge of business, commerce, and/or industrial activity. The mayors, municipal legislators and representatives of the public interest shall be designated by the Governor for a term of four (4) years. The Governor shall appoint the representatives of the mayors from a list submitted to his/her consideration by the Puerto Rico Mayors’ Association and the Puerto Rico Mayors’ Federation, respectively. In the case of the representatives of the municipal legislators, these shall be represented by the Organization of Associated Municipal Assembly Members Inc., the Municipal Assembly Members Federation; and the National Institute of Assembly Members Services (INSA Spanish acronym) who shall select a representative of their organization, respectively. The public officials who shall constitute the Council may delegate their participation on a subordinate duly authorized to make decisions on their behalf. The Council shall meet at least twice (2) a month and a simple majority of its members shall constitute quorum for their deliberations and determinations. The municipal legislators and the representatives of the public interest who are not public officials shall receive a remuneration of fifty dollars ($50) for each meeting they attend. All the members of the Advisory Council shall render a financial report to the Office of Government Ethics, the Financial Report [sic], as provided by §§ 1801 et seq. of Title 3, known as “Ethics in Government Act”. The public officials who have previously rendered the financial reports as part of the appointment and confirmation procedure for the position they hold in their specific agencies shall be exempted from submitting them as a requirement to be a member of the Advisory Council.

In the case of mayors, municipal legislators and representatives of the public interest, none of [whom] may serve on the Council for more than two (2) consecutive terms, [it being] understood that although some of them began to hold office after the term has been initiated, be it for the resignation, dismissal or death of his/her predecessor, it shall be deemed that he/she has served the full term.

The Council shall be chaired by the Governor and administered by the Coordinator of the Office who shall have the responsibility of directing the works and ensuring the adequate performance of the duties and responsibilities assigned to it.

The Council shall establish the parameters and criteria for designating the sectors that shall be part of the special communities” initiatives.

In the process of determining what constitutes a special community, the Council shall take into consideration, as a priority, the existence of the following situations, among other factors, such as those regarding low socio-economic levels, deficient infrastructure conditions, unhealthy environmental conditions and deficient housing status, if individual and particularly if combined, as follows:

(a) High percentage of illiteracy and school desertion.

(b) High percentage of persons under poverty level.

(c) High rate of unemployment.

(d) Family units which have a single head of family as a provider.

(e) Long history of environmental problems and deficient availability of basic services.

Those communities that were identified and constituted as special communities before March 1, 2001, in agreement with the Programs of the Special Communities Office created by virtue of Ordinance No. 26, 1996-97 series of the Municipality of San Juan shall be designated as special communities under this chapter.

The Council shall establish a six (6)-year plan to attend to claims and needs of these special communities. Said plan shall have specific goals, compliance schedules, as well as indicators to measure results.

History —Mar. 1, 2001, No. 1, § 8; Aug. 7, 2001, No. 94, § 1; Dec. 21, 2001, No. 175, § 1; June 3, 2002, No. 75, § 1; Aug. 10, 2002, No. 151, § 1; renumbered as § 10 and amended on Jan. 4, 2012, No. 7, § 6.