P.R. Laws tit. 21, § 4159

2019-02-20 00:00:00+00
§ 4159. Vacancy—Removal from office

The legislature, with the approval of two-thirds of the total number of the members, and through a resolution to such effects, may declare a vacancy and remove any of its members from office, for the following reasons:

(a) The municipal legislator changes his/her domicile to another municipality.

(b) He/she is absent for five (5) meetings, consecutive or not, equivalent to one regular session, without justification and, after having been duly summoned to it.

(c) He/she is declared mentally disabled by a court of competent jurisdiction or suffers from an illness which prevents him/her from exercising the functions as a member of the legislature.

Any decision of an legislature to declare the position vacant and remove one of its members from office, shall be notified to the legislature member concerned in writing, by certified mail with acknowledgment of receipt, no later than two (2) days following the date that the legislature makes such a decision. Said notice shall advise the legislature member of his/her right to be heard in public hearing by the legislature. He/she shall likewise be informed that the decision shall be final and binding within a term of ten (10) days, counting from the date said notice is received, unless he/she can show cause in that same term why the legislature’s decision should be rendered ineffective.

History —Aug. 30, 1991, No. 81, § 4.009; Apr. 13, 1995, No. 36, § 13.